Most of the information you need when purchasing plants from us is available in the other sections above and elsewhere in the website. However there are some additional legal terms and conditions to be aware of which we describe below. This also summarises some of the key ways we handle orders.

By purchasing goods from us you enter a legally binding agreement with us on the following terms. You should read and understand these terms because they affect your rights and liabilities. These terms describe the basis for purchase by you and sale by us of the products described on this website.

 

 

Definitions and Interpretation

 

In these terms the following words have the following meanings:

“Contract”	the contract for the sale and purchase of the Goods;
“Delivery Area”	only mainland addresses within England, Wales, and parts of Scotland. All offshore addresses are excluded eg: the Isle of Man, the Scottish Isles, Ireland and the Channel Isles.
“the Web Site”	our presence on the world wide web, currently accessible via the address www.crossgatenursery.co.uk;
“the Seller”, “we”, or “us”	crossgatenursery.co.uk

 

1. Basis of the Sale

 

1.1 An agreement for us to sell you Goods is made on these terms when we accept an order made by you via our website. The description of the Goods, the price and delivery costs are set out in the order page. We will confirm acceptance of your order on-screen.

 

1.2 We appreciate that buying plants online is not the same as buying plants in person, and so we try our best to give you a clear idea of the plants we are selling on the sales pages, including the general size and condition. We will change this from time to time to try to ensure this information is up-to-date. We also provide general information about growing and selling timelines in the relevant sections under ‘About Us’ on this website, and point to these in our sales pages. However there are inevitably slight variations in size, shape and colour between different specimens, and changes in a plant’s appearance at different points in the seasons. Illustrations, descriptions other information as to particular plants are therefore approximate and for guidance only. We may in our sole discretion from time to time vary the nature of the Goods from that advertised without notice to you, so long as these variations are not material alterations.

 

 

2. Availability of Goods

 

2.1 The availability, price and colour of plants available for sale to you may vary according to seasonal and market availability. We reserve the right to remove plants for sale where these plants are no longer available, or are not available inline with the description we have provided on the website (such as where the only available plants are younger or smaller than those advertised).

 

2.2 We will endeavour to keep information about available plants up to date on our website. If for any reason plants have been withdrawn (temporarily or otherwise) from sale but this has not been reflected on the website, we will contact as soon as an order has been placed to advise of this and to arrange for a full refund (where payment has been taken). whereupon you will have the right to  should you place  has not been provided on the website and you placed an order we will but cannot be held liable provide information on this . If there have been any material variations, you will have the option of cancelling your order.

 

 

3. Quality of Goods

 

3.1 Quality is of the utmost importance to us and we work hard to ensure our plants can adapt well in your care. We reserve the right to remove plants for sale where we have reason to believe the plants are not of a sufficient quality, or to cancel and refund orders where this has been identified subsequent to an order being placed but prior to dispatch. We may, alternatively, contact you to offer some form of alternative or other compensation. It is your right to decide whether to accept or refuse any such offer.

 

3.2 Please note that plants are living products and their development once they have been delivered will depend on the growing conditions they are provided with. This means we cannot make any guarantees about plants producing flowers or fruits at a particular time as this is largely determined by external factors beyond our control, such as the plants age, or the availability of water, light and nutrients.

 

 

4. Order Details

 

4.1 The quantity, quality and description of the Goods will be those set out in your order. By placing the order you agree that you have carefully reviewed the order, including any option you have selected concerning the size or number of plants.

 

4.2 Orders are accepted at our sole discretion but are normally accepted if the Goods are available and of sufficient quality, the order reflects current pricing, the delivery address you have provided is in our Delivery Area, and your credit or account card is authorised for the transaction.

 

 

5. Price of the Goods

 

5.1 Our charges for packing and postage are detailed on the order page and will be included in the total price for the Goods.

 

 

6. Payment Terms

 

6.1 We will charge your credit card account for payment upon receipt of order. We can accept no liability if a delivery is delayed because you did not give us the correct payment details.

 

6.2 If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Contract or suspend any further deliveries to you. This does not affect any other rights we may have.

 

6.3 Your privacy is extremely important to us. We take all reasonable care possible to keep all information connected with your order secure. However we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this website, unless this is solely due to our negligence.

 

 

7. General delivery

 

7.1 We will deliver the Goods to the address you specify for delivery in your order. It is important that this address is accurate and complete.

 

7.2 Please see our delivery pages for information about dispatch timelines and procedures. We provide this, along with a confirmation of dispatch and any updates where we might expect delays, in order to give you an opportunity to make arrangements to receive the delivery.

 

7.3 Our processes for dispatch and delivery are carefully considered to ensure the Goods arrive safely and in a timely manner with you. While we will always do our utmost to resolve any issues that may arise with delivery, we cannot accept liability for damage or loss to your plants where we have taken all reasonable steps to avoid such occurring and where the damage or loss is as a consequence of your actions / inactions. This may include, inter alia:

• Where Goods have been delivered in accordance with your delivery instructions; 

• Where you have not advised us of changes needed to the delivery address or delivery instructions prior to dispatch. We have no power to make such changes once the Goods have been dispatched;

• Where delivery was attempted but you were not in, and you have not made timely arrangements for re-delivery or local collection. Once delivery has been attempted it is your responsibility to make arrangements with your local post office for re-delivery or local collection;

• Where the Goods have been left outside and not collected from the delivery address for a significant period of time. We urge you to be particularly aware when you are expecting delivery and extreme cold or hot conditions are forecast.

 

7.4 While we always aim to dispatch within our stated timelines, we cannot guarantee delivery times. We also reserve the right to delay dispatch where there are concerns that the weather, or other circumstances outside of our control (such as industrial strikes) may jeopardise the safe and secure delivery of your plants. We will always contact you to advise you of this delay, and you will always have the right to cancel your order or proceed on this basis. We cannot accept liability for any delays under such circumstances.

 

 

8. Risk and Ownership

 

8.2 You will only own the Goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.

 

 

9. Allergies and Health Risks

 

9.1 Some plants may be harmful or poisonous to humans and animals. We try to advise you of this on the relevant sales page and encourage you to research further before placing orders if you have concerns about allergies or risks to pets. We cannot accept liability for any harm caused by plants delivered to you where the risks were foreseeable and we have advised of such on our sales pages.

 

 

10. Refunds, Cancellations and Returns

 

10.1 Click here to read our Refunds and Returns policy.

10.2 Nothing in this policy affects your statutory rights to refunds, returns or cancellations. See section 11 below for more information on these rights.

 

 

11. Liability

 

11.1 If you have a valid claim in respect of any of Goods which is based on any defect in their quality or condition or their failure to meet specification in accordance with the Contract you will be entitled to choose either a refund of the price of the Goods (inclusive of postage and packing) or replacement Goods free of charge.

 

11.2 Our liability in this respect is limited in accordance with the terms set out above; for example we will not accept liability where any issue with the condition of the plants is as a consequence of demonstrable negligence on your part.

 

11.3 We shall not be liable to you in connection with any contract, in tort (including negligence), contract or otherwise for any loss of profit, anticipated savings or data that your business may suffer.

 

11.4 These terms and conditions do not affect your statutory rights as a consumer. Your rights to refunds and cancellation are set out in a number of pieces of legislation, such as The Consumer Rights Act and The Consumer Contracts Regulations. Information on this is available in far more detail in various online sources than would be appropriate or helpful to provide here. In general, this legislation gives you the right to cancel your order or receive refunds or replacement Goods where the Goods are not as described. Please be aware that plants as perishable items are exempt from the rights to return conferred by the distance selling regulations. For information about what to do if you want to return Goods where there is no fault, please see our Refunds & Returns policy.

 

11.5 We will continually improve the Goods, so changes to them may be made at any time. We will use reasonable commercial endeavours to keep the website up to date but the information and specifications given are for your information only and are subject to change without notice.Pictures on the website are generally accurate but variations in colour, shape and size must be expected. This is most pronounced with seasonal changes and for perennial plants that grow rapidly in the growing season and die back in autumn and winter.

 

11.6 We assume no responsibility for the contents of any other websites to which this website has links.

 

 

12. Matters out of our control

 

12.1 We will not be liable to you or in breach of the Contract for delay or failure to perform due to a cause beyond our reasonable control.

 

 

13. Copyright

 

13.1 All of the written, photographic, design and audio content of the Web Site together with the selection and arrangement of it and all software compilations are our copyrighted property or that of the people who have granted to us the right to use it and is protected as such. All rights reserved.

 

13.2 None of this material may be used without our written permission. You may download or print a single copy for your own non-commercial off-line viewing.

 

13.3 All names, logos, slogans, or other phrases may be a trade mark of ours or another person or corporation. Any unauthorised use of a trade mark is unlawful.

14. Registration on website

 

14.1 Registering on our website provides the opportunity to save addresses and payment details for future purchases, as well as to create a wishlist. When registering on the website any information you enter is stored and used under the terms of our privacy and data protection policy, and protected by general data protection legislation under UK law. Click here to read our privacy policy which explains how we manage the data you give us in the course of using this website or purchasing plants from us.

 

14.2 Please create a maximum of one account per customer. We reserve the right to delete duplicate accounts, or accounts we believe to be spam.

 

14.3 In registering on our website you will be asked to agree to these Terms and Conditions. Please be aware that we use registration lists to keep a list of customers who may be interested in developments at the nursery and new products. We therefore draw your attention to the fact that by registering on our website you are agreeing to receive occasional email updates (not more than once monthly) on our nursery or products. You can subsequently remove your name and email from our contact lists at any time, either by contacting us on info@crossgatenursery.co.uk, or by clicking on ‘opt-out’ links on any update emails you receive from us.

 

14.4 We will not pass on any information you provide during registration to any third party, unless where required by law. As stated in our privacy policy you will therefore not receive any marketing material from third parties if you register with us.  

 

 

15. Changes

 

15.1 We reserve the right to make changes to this Web Site and these terms at any time.

 

 

16. Complaints

 

16.1 If you wish to complain about any aspect of our service, please email us at info@crossgatenursery.co.uk.

17. Promotions

 

17.1 Unless otherwise stated, discount codes (including those offered/displayed by third parties) cannot be used in conjunction with any other offer or discount codes, are not redeemable against any previous orders, are not applicable for purchases of any products or gift vouchers and do not apply to postage charges.

 

 

18. Governing law and jurisdiction

 

18.1 These terms will be governed by English law and any disputes will be resolved exclusively by the English Courts.

 

 

19. General

 

19.1 Emails to you will be to the address you specify to us, as you have recorded at the time of placing any order. It is important that you give us an accurate and valid email address and tell us of any changes to them. Registered customers can check the details we have on record at any stage in the My Account Dashboard.

 

19.2 If either we or you fail to enforce a right under these terms, that failure will not stop us or you from enforcing the other rights, or the same type of right on a later occasion.

 

19.3 To the extent that any provision of these terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be a part of these terms, it will not affect the enforceability of the remainder of these terms nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

 

19.4 The headings in these terms are for convenience only and will not affect their interpretation.