Terms & conditions

By purchasing goods from cornishgardennurseries.co.uk 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 web site.

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 Isles of Scilly, the Shetlands, the Orkneys, the Hebrides (and all Scottish Isles), Ireland and the Channel Isles. Goods - the range of plants which are available for purchase from our website in accordance with the terms; the Website - our online ecommerce shop.

Basis of the sale

The agreement is made once your order has been accepted by us via our website. The plants described are correct to the best of our knowledge and the price, VAT and delivery costs are confirmed on the order page.

Occasionally there may be variations in size, shape and colour to the plants described or illustrated. Where possible, any alteration will be communicated to you prior to delivery.

Details of the order

Orders are accepted by us at our sole discretion. The quantity, quality and description of the Goods will be those set out in your order (if accepted by us). Orders are accepted assuming that the order is correct with regards to pricing, your delivery address is within our specified delivery area and your method of payment is authorised for the transaction. Please ensure that all email addresses and contact details as outlined in your order are correct as these are our only means of contact with you.

Price of the Goods

Should the price of the Goods increase between the date of your order and the accepted delivery date, we will send you an email to confirm if the new price is acceptable to you. If you do not wish to proceed with the order based on the new price information supplied, your order may be cancelled without charge. If the new price is acceptable, we request that you send confirmation by email.

Our charges for transport, packaging and insurance are detailed on the order page and will be included in the total price for the Goods.

Payment terms

We will charge your credit card account for payment upon receipt of order unless delivery cannot be fulfilled within 30 days. Items with a lead time greater than 30 days will be charged up to 7 days prior to dispatch.

We will take all reasonable care to keep all information connected with your order secure but 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.

Delivery

We will deliver the Goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.

We will aim to deliver within the quoted time frame but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, we will contact you to advise you that the delivery date will have to be extended.

Risk and ownership

Risk of damage to or loss of the Goods passes to you at the time of delivery to you or, if you fail to take delivery at the agreed time, the time when we tried to deliver.

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.

Returns. Please click here to read our Returns Policy.

Cancellations. Please click here to read our Cancellation Policy.

The Plants

Our aim is to source and provide good quality plants to our customers. We endeavour to ensure they will be in good condition at the time of delivery. If the type of plant originally ordered is not available at the time of delivery, we will advise you by email with an alternative suggestion. If you do not wish to accept this alternative you are entitled to cancel your order.

The availability, price and colour of plants we sell to you will vary according to seasonal and market availability. We will endeavour to confirm these details when we confirm your order for the plants or prior to delivery. If there have been any material variations that are unforeseen or have not been communicated to you, you will have the option of cancelling your order.

Liability

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, and you have returned the Goods within the specified time, you will be entitled to choose either a refund of the price of the Goods or replacement Goods free of charge.

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.

These terms and conditions do not affect your statutory rights as a consumer.

The information within the website is provided for your information only and is subject to change without prior notice. Images are accurate but variations in colour, shape and size must be expected.

The content of the Website is directed solely at those who access the site from addresses within the Delivery Area.

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.

Copyright

All of the written, photographic, design and audio content of the Website together with the selection and arrangement of it and all software compilations are our copyrighted property and is protected as such. All rights reserved.

Changes

We reserve the right to make changes to this Website and these terms at any time.

Complaints

If you wish to complain about any aspect of our service, please email us at

Governing law and jurisdiction

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