Terms and Conditions
By using our website or by placing an order or registering with Broadoak Nursery, you will be deemed to have read, understood and agreed to the following Terms & Conditions.
1. Descriptions and Prices
The plant pictures and descriptions on this website relating to species, varieties, characteristics, fitness for purpose, hardiness etc. are given only for general guidance although we do believe them to be accurate. Colours may vary slightly from those shown in the pictures. Details on this website including these terms are subject to change without notice. Whilst we take the utmost care to ensure the product descriptions, pictures, information and prices are accurate we do not accept liability for any inaccuracies, errors or omissions.
2. Availability of Goods
All goods are sold subject to availability. Orders are accepted at our sole discretion and we maintain the right to decline orders without giving an explanation. We try to keep stock levels on the website as accurate as possible but if for any reason we cannot supply an item you have paid for we will contact you by email to find out if you would like an alternative of equal value or a refund. If an alternative is not acceptable or we receive no reply to our email within 2 days then we will despatch the rest of your order and refund the value of the unavailable item.
3. Delivery Charges
A flat fee of £3.95 is charged for delivery (regardless of the number of items ordered) for delivery within the majority of the UK.
These charges are for standard delivery to mainland UK excluding the Scottish Highlands. Delivery to the Highlands & Islands of Scotland, Northern Ireland, Isle of Man & Isles of Scilly may incur an additional delivery charge. Please contact us for a quote prior to ordering.
4. Order, Checkout and Payment
Orders are placed online through our website and all prices are in pounds sterling.We accept the following credit and debit cards through Paypal secure servers: Mastercard, Visa, Maestro, Amex, Switch, Solo, Visa Delta and Visa Electron. Payments can also be made by cheque or postal order made payable to 'Broadoak Nursery'. Goods will be shipped once payment has cleared.
5. Despatch and Delivery
We aim to despatch all orders within 48 hours of receipt of cleared payment (excluding Weekends and Bank Holidays) but please allow 7-10 working days for delivery.
We use a range of services depending on the size and contents of your order. Our parcels are despatched by either Royal Mail or Courier depending on the size, weight and contents of your order. A signature on delivery will be required.
You can request a parcel to be delivered without a signature if you wish but please be clear and 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 deliver the Goods to the address you specify for delivery in your order/register with us. It is important that this address is accurate. We are not responsible for any problem arising due to inaccurate or incomplete details provided by you at the time of ordering.
An express delivery option is available for garden shop items but unfortunately we cannot offer this service for plants. Orders received before noon, mon-thurs, will be dispatched for next working day delivery. This is not a guaranteed service and can occasionally take 2 working days for delivery.
6. 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, 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.
7. Our Guarantee/Warranty
We aim to supply our plants and seeds in perfect condition. However, if for any reason you are not entirely delighted with them, please contact us immediately and we will aim to promptly replace the faulty plants or seeds. If replacements are unavailable we will issue a refund or credit voucher for the affected item. We cannot accept responsibility for plants or seeds which fail to grow due to adverse weather conditions or which have not been cared for according to the cultivation instructions.
All other products supplied will meet their specification and will be free from defects in materials and workmanship at the time of delivery. If for any reason you are not entirely delighted with them, please contact us immediately and we will aim to promptly replace the faulty products. If replacements are unavailable we will issue a refund or credit voucher for the affected item.
Broadoak Nursery's total liability for any claim howsoever arising shall not exceed the price of the goods supplied by us to the customer, together with any postage & packaging costs incurred. We shall not be liable for any consequential customer loss whether this arises from a breach of duty in contract or in any other way.
We can not be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including account details or details you provide us when accessing or ordering from our web site, unless this can be proven in law to be due to our negligence.
Broadoak Nursery will not be liable to you or in breach of contract for delay or failure to perform due to a cause beyond our reasonable control.
Broadoak Nursery will not be liable for any damage or injury arising out of use of any of the products purchased from our web site. Operating & safety instructions are supplied where necessary by our suppliers. We can not be held liable for the misuse of any of the products we sell.
Should you have a complaint with the service or product we provide please contact Customer Services:- Email: firstname.lastname@example.org
10. Returns Policy and Procedure
If you are not delighted with the products that you have chosen you may return them to us within 14 days of receipt. We will offer you an exchange or, at our option, a refund provided that the products are returned complete, in perfect condition, unused, in the original packaging and where applicable, all security seals in tact. Our returns policy applies to plant and seeds only if faulty and we request their return.
For all returns, except where the item is faulty, you will be required to arrange and pay for the return of the products to us.
To return any products to us please contact us first - returns can only be accepted if agreed in writing first. Adequately pack the item(s) back in the parcel with the receipt and send it back to:
Hollyhill Park Industrial Estate
When returning items to us, they remain your responsibility until received by us and so you are strongly recommended to return using a signed for service, obtain proof of posting and adequate insurance. We cannot accept responsibility for parcels lost or damaged in transit. We will only refund the initial and return postage costs where the item returned is faulty.
We use Paypal as our secure payment server. Information is protected by SSL with an encryption key length of 128 bits.
We are committed to protecting your privacy. We use the information we collect about you to process orders and to provide a more personalised shopping experience. We will only use the information that we collect about you lawfully in accordance with the Data Protection Act. We will not sell, share, or rent this information to others other than as disclosed in this statement. During the registration or ordering process we collect some or all of the following information:
• Your name and address
• Your contact telephone numbers (to enable us to contact you in the event of a query)
• Your e-mail address (this will become your username)
We do not collect or store any credit or debit card details through our website. All payment information is collected through Paypal using their secure servers. You do not need to register with Paypal to use this payment option. If you have registered you may check, amend or remove your personal details by using your customer login on the home page. By ordering through our website you consent to the collection and processing of your personal details by us.
13. Intellectual Property/Copyright
All materials contained on our web site (unless otherwise stated) remain the sole property of Broadoak Nursery and can not be reproduced without prior permission.
14. Links to/from 3rd party websites
We are not responsible for and accept no liability for the content or privacy practices of any linked web-site which is not owned and maintained by us. We encourage our users to be aware when they leave our web-site and to read the privacy statements of each and every web-site that collects personally identifiable information.