When you purchase trees from us you are covered by the Consumer Contracts Regulations (2014), which applies to all online and mail-order purchases, and by the Sale of Goods Act (1979). Different legislation applies to trade customers.
All trees offered for sale on our website are subject to availability. We cannot guarantee that the varieties and formats you order will be available when we come to despatch your order, because trees in the nursery may fail to reach the expected size during the growing season, or become damaged in transit or otherwise unsuitable for sale.
Trees may become unavailable even after we have sent you a "despatching soon" notification because of issues which can arise during picking and packing and delivery. However if this happens we will let you know by email as soon as we are aware. We will not despatch alternative or substitute varieties without first discussing with you.
Please make sure your contact details, especially your email address and phone number, are accurate and kept up to date in your account details on our website, so that we can get in touch with you if there are problems with your order.
If you use a spam blocker on your email system, or an email screening service, please ensure you permit emails from us.
Our trees are supplied bare-root and are therefore only available for delivery during the dormant winter season, which is usually from the end of November to the end of February.
Trees are natural products and we can only ship them when they have reached the right size and weather conditions are suitable. However in most cases we are able to agree a week within the month when you would prefer delivery.
We cannot guarantee delivery, or delivery dates, or undertake to deliver on specific days or at specific times. Because of the size of our delivery packages the day of delivery may change even after we have confirmed despatch. We strongly recommend you allow flexibility in any further arrangements you may have, for example if you are booking a gardener to help plant your trees, and do not rely on delivery on a particular date.
Our trees undergo quality control procedures to ensure they meet our standards. We package them very carefully to ensure they reach you in good condition.
If there is a problem with your order for whatever reason it is usually not possible to replace a tree with the same variety / rootstock because of stock shortages - if that is the case we will refund your payment.
If your trees are damaged in transit please contact us immediately. Whilst we and our couriers want your trees to arrive in perfect condition, there may occasionally be some minor damage, such as to the tips of branches. This will not affect the future growth of the tree, and in fact it is often desirable to prune the tips of newly-planted fruit trees. However if the damage is serious we will make arrangements to refund / collect or replace the trees. In the meantime please look after them carefully. If they are bare-root trees please lie them on the ground in a safe place and cover the roots with garden soil.
If we make a mistake and deliver something different from what you ordered (as shown on your order acknowledgement), please let us know by email immediately. We will arrange a replacement or alternative if available, or a refund.
We do not accept any liability if your trees fail to grow, or do not reach the expected sizes, or do not produce fruit or blossom. However we will replace trees (if replacements are available) or provide a refund where it is clear we are at fault.
Delivery is at your risk. If you ask us to ask our couriers to leave the delivery cartons in a safe place or with a neighbour we do not accept liability for loss or damage. Even though our couriers will do their best to follow any instructions you may have passed on to us, it is your responsibility to locate the trees after delivery and plant them promptly.
Cancelling your order
We reserve stock for you even if we have not taken payment, therefore if you wish to cancel your order please let us know promptly so that we can make the stock available for other customers.
You can cancel your order at any time up to the point within 24 hours after the date when we send you a "despatching soon" notification. After this point your items will have been packed and readied for shipment. If you still wish to cancel after the "despatching soon" notification please see "Returns" below - but contact us as quickly as possible as we may still be able to cancel the delivery.
For large orders we require a 50% deposit payable in advance with the balance in the week prior to delivery. If you need to cancel the order a re-booking fee will apply. The re-booking fee is lower at the start of the season (5% of the deposit), and progressively higher towards the end of the season (up to 50% of the deposit), reflecting the fact that trees on orders cancelled at the end of the season cannot easily be sold.
Bare-root trees are considered as perishable items under the Consumer Contracts Regulations, and are therefore exempt from your normal right to cancel the order after receipt of delivery.
However if there is a genuine reason to return the trees we will do our best to co-operate. If we agree to a return you will be liable for the collection charges. We will arrange to collect the trees using our couriers (who know how how to handle our items). Trees should be returned in the delivery cartons they were sent in or a similar close-fitting carton. They will be inspected on return to ensure they are still saleable so please look after the trees until they are collected. In general the sooner you contact us and the sooner the trees are collected, the more likey they are to be of saleable quality. We will then refund your payment, less any packing and collection charges.
Online payment systems are constantly being updated by the banks to improve protection for consumers. To minimise problems please make sure you supply full address details on your order as this information is used by the banks to verify your credentials. The delivery address does not have to be the same as the billing address, but PO Boxes cannot be used.
We also reserve the right to cancel an order after payment has been made if post-authorisation checks by our bank reveal problems with the transaction. We will refund the original amount in this situation.
Once we start to prepare your order for delivery it is impossible to change the delivery address. If your order has been dispatched and you wish to change the delivery address it will usually require the items to be returned to us and sent out the following week, and there is a charge for this. If you have paid by credit/debit card or Paypal we may have to cancel your order and take a new order in order to comply with bank security procedures.
Other general terms and conditions
Title to the goods remains with us until full payment has been received and the goods have been delivered and accepted by you.
We reserve the right to cancel your order for any reason at any time up to the point of delivery. Any payments received would be refunded in full.
We do not accept liability if we do not supply the trees you have ordered because of production or delivery problems or other reasons, although we will of course refund you in this situation.
We reserve the right to change these terms and conditions at any time.