Terms of Business
Trading is carried out under the jurisdiction of the U.K. Courts. By purchasing plants or products from Cranesbill Nursery through cranesbillnursery.com you enter a legally binding agreement with us on the following terms. It is important that you 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 plants and products described on this website.
1. Definitions and Interpretations
Contract:
The contract for the sale and purchase of the plants.
Delivery Area:
All of mainland United Kingdom.
Plants or products:
Any items available for purchase on our website.
The Website:
Our website www.cranesbillnursery.com
The Seller, we, or us:
All these terms refer to Cranesbill Nursery. Our postal address is 1 Waverley Road, Mossley Estate, Bloxwich, Walsall, WS3 2SW.
2. Basis of the Sale
a) An agreement to sell you plants 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 during the order process. We will confirm acceptance of your order on screen.
b) We aim to supply all our customers with strong healthy plants. Normally we offer a selection of our range available to purchase as bare roots from the 1st of January to the 28th of February every year. Our pot-grown Geraniums are available to order or pre-order throughout the year and are usually grown in either 1.4 or 2 litre pots. There will at times be variations in size between different plants as is inevitable with any living product. Root establishment of the plants will also vary throughout the year, as there is only a very narrow window of optimal root growth in potted plants during the year after the time when they have been potted on and before they need to be re-potted or divided. All photographs and information on the website are for purposes of guidance only. While we make every effort to take photos which truly represent the plant, colour may not always be 100% true.
3. Details of the order
a) We undertake that if we accept your order the plants supplied to you will be true to name and in the quantities specified by yourself in the order.
b) Orders are accepted at our sole discretion but are normally accepted if the goods are available, if the order reflects current pricing, if you are based within the current delivery area and if your credit or account card is authorised for the transaction.
c) An order may be cancelled if it is unfairly prejudicial to our business interests.
d) The plants which can be ordered via our website are only available for delivery to you if you are based in our delivery area.
e) When dispatching we reserve the right not to supply any plants ordered if we are not happy that the plants are of a sufficient quality. In this event we will endeavour to contact you prior to dispatch to agree with you acceptable substitutes. Please, if you can, provide us with a mobile phone number. This can greatly facilitate last minute communications prior to dispatch of your plants. If we are unable to contact you prior to dispatch we will send plants based on any substitute preferences made at the point of ordering..
4. Price Of The Plants
a) We reserve the right to alter the price of our plants on the website at any given time. This will usually be to facilitate occasional seasonal offers. If you are ordering by post via our catalogue at the time of an offer, you will be charged the catalogue price, due to the extra costs involved in processing orders via that method.
b) Our carriage charges are detailed at the order stage and on the delivery information page and are included in the total price of the order
5. Payment Terms
a) Payment is taken at the time of ordering.
b) If it is not possible to obtain full payment for the goods from your account on the day of dispatch we can cancel the contract or suspend any further deliveries to you. This will not affect any other rights you may have.
c) We will take reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when ordering from this website, unless this is solely due to our negligence.
6. Delivery
a) We will deliver the plants or products to the address you specify in your order. If you are potentially not going to be home when your delivery arrives, we ask that you provide a 'safe place' where the parcel can be left in your absence. This information will be passed to our couriers and they will then leave the parcel safe at their discretion. We cannot in principle accept any liability for loss or damage to the plants once they have been delivered in accordance with your instructions. As a matter of goodwill however we may choose at our own discretion to replace any plants stolen or damaged after delivery free of charge. Please note that in our experience, such occurrences are extremely rare.
b) Please note that for the majority of the year, we operate on a pre-order basis. This can mean for example that we will accept your order in January, which will be fulfilled in May when the plants are ready. For full information regarding delivery timings, please see our delivery information page. By agreeing to these terms, you agree that you have read and therefore understand all the information provided to you with regard to delivery timings.
c) We will not be held liable for any delay in fulfilling plant orders, past the guidance which we offer. As we are dealing with growing things and trusting in nature, we will dispatch plants when we feel we are able to and the timing is suitable for planting and/or for you, the customer.
7. Risk and Ownership
a) Risk of damage to the plants passes to you at the time of delivery or if you fail to take delivery at the agreed time, the time when we tried to deliver.
b) You will only own the plants once they have been successfully delivered and when we have received clear payment in full. Goods supplied are not for resale.
8. Returns Policy
At Cranesbill Nursery we endeavour to only send you top quality plants and products and will inspect everything before dispatch to make sure it is in good condition. We carefully package all plants and products to ensure they do not get damaged in transit. However if plants or products do not arrive in perfect condition please contact us by emailing [email protected] and attach pictures of the damaged items. You can also write to Cranesbill Nursery, 17 Evesham Crescent, Mossley Estate, Bloxwich, Walsall, WS3 2TL and provide pictures in print.
Incorrect Plants
If we send you something you have not ordered in error, you will either be refunded, sent the correct item free of charge or asked to return the item at our expense. We also offer you the option to pay for the item and keep it.
Damage in Transit
If your order is damaged in transit you can return it within fourteen days in its original packaging via our carriers (contact us so we can arrange collection) and you will be either refunded or the plants will be replaced. Please note that plants to be returned must be afforded while in your possession any necessary care – e.g. watering if appropriate. We will bear the cost of the return carriage.
Customer Satisfaction Guarantee
In accordance with Online and Distance selling regulations, if you are for any reason dissatisfied with any of the plants or products you receive you can return them within fourteen days via our carriers (please contact us so we can arrange collection) and you will be either refunded or the plants will be replaced. Please note that plants to be returned must be afforded while in your possession any necessary care – e.g. watering if appropriate. You will be required to repackage the plants securely for return. We will bear the cost of the return carriage,
Impromptu Cancellations
You are welcome to cancel your order at any point prior to its dispatch. If you cancel your order after we have booked the courier collection however, there may be very little we can do, because your order may already be on its way to you. You will still be welcome to return your order; however in this case we will not cover the cost of return carriage and your order will be subject to a restocking fee of £1 per plant which will be subtracted from your due refund. If you wish to cancel and return your order after it has been delivered, you must let us know within 14 days and you will be refunded, minus postage and restocking fee, once all of the plants have been returned to us, in the exact same condition which they were dispatched to you. Please note that plants to be returned must be afforded while in your possession any necessary care – e.g. watering if appropriate.
9. Warranties
All plants are guaranteed for a period of twelve months. You can contact us in this time and we may replace or refund plants at our discretion if we feel that the plants basic conditions have been met. We may request photographic evidence from various stages of the demise of the plant, upon which to base our decision.
Guarantees on other products may vary dependant on manufacturers specifications. Please contact us for specific details.
10. Liability
a) We accept unlimited liability for death or personal injury caused by our negligence.
b) If you return plants or products within fourteen days you will be entitled to a full refund or replacement plants or products.
c) We shall not be liable to you in connection with any contract, in tort (including negligence), contract or otherwise for any loss of profits, anticipated savings or loss of data that your business may suffer. We shall however be liable for losses that you suffer as a result of our breach of contract and that have been contemplated by both you and us at the time the contract is included
d) These terms and conditions do not affect your statutory rights as a consumer
e) We will use reasonable commercial endeavour to keep our website up to date. On occasion however plants advertised on the website may be unavailable for dispatch. Photographs on the website are there for guidance. Variations in colour, shape and size must be expected.
f) The content of the website is directed solely at those who access the site from addresses within the delivery area.
11. Matters Out of our Control
We will not be liable to you in breach of the contract for delay or failure to perform due to a cause beyond our reasonable control.
12. Copyright
a) All of the written, design and photographic content of the website with the selection and arrangement of it and all software compilations are our copyrighted property or of the people who have granted us the right to use it and is protected as such. All rights reserved.
b) None of this matter may be used without our written permission. You may download or print a single copy for your own non-commercial off-line viewing.
c) All names, slogans or other phrases may be a trade mark of ours or another person or corporation. Any unauthorised use of a trademark is unlawful.
13. Changes
We reserve the right to make changes to this website and these terms at any time
14. Complaints
If you wish to complain about any aspect of service please email us via [email protected] Please allow us reasonable time to respond, especially at busy times (up to 10 working days) before taking your concerns to any online review platforms.
15. General
a) Emails to you will be to the address you specify to us. It is important that you give us an accurate and valid email address and update us if there are any changes to it.
b) 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 any other occasion.
c) To the extent that any provision of these terms is found by a court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be 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.
d) The headings in these terms are only for convenience and will not affect their interpretation.
16. Governing Law and Jurisdiction
These terms will be governed by the jurisdiction of the U.K. courts and any disputes will be resolved exclusively by the English courts.