Terms of service

GENERAL

Cedar Nursery is the trading name of the partnership of T.J. Sharples & C.M.M. Sharples, herein referred to as Cedar Nursery.

You, the Customer, are the person, company or organisation purchasing goods or services from Cedar Nursery. Any order you place with us, whether in person, by telephone, by mail or online shall form a legally binding contract of sale. While the terms below are extensive, they are provided to define and protect the rights of both you and Cedar Nursery.

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

When you place an order with Cedar Nursery, we do business under the following terms:

1. OUR CONTRACT WITH YOU

1.1. Our acceptance of your order will take place either by confirmation in writing or when we provide you with a product, at which point a contract will come into existence between Cedar Nursery and you.

1.2. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

2. RETENTION OF TITLE/OWNERSHIP

2.1. Legal ownership of any goods supplied shall remain with Cedar Nursery until full payment of order/invoice monies has been received from you.

2.2. Should you obtain goods without making full payment, unless otherwise agreed, you accept that Cedar Nursery retains the right to demand and receive immediate settlement of all outstanding monies prior to transfer of ownership, or you grant Cedar Nursery unrestricted access to reclaim the goods. The saleable condition of the goods prior to any reclaim is your sole responsibility.

3. PRICES

3.1. All pricing shown on Cedar Nursery literature and website is displayed in Pounds Sterling (£).

3.2. Pricing shown on Cedar Nursery literature and website is displayed as either inclusive or exclusive of the current prevailing rate of Value Added Tax (VAT) and will be clearly stated as such. Cedar Nursery VAT number is GB493647014.

3.3. All pricing shown on any branded literature provided (i.e. manufacturer brochures) is provided for information only and does not form part of a sale.

3.4. Plants and Goods will normally be priced presuming collection from The Nursery. Free local delivery is available for purchases over £100. The local area is defined as postcodes KT24, KT23, KT22, GU23, KT11.

3.5. For specific Goods, or on specific occasions, free nationwide delivery may be offered. This is restricted to mainland Great Britain and Northern Ireland. Prices for other destinations will be advised on request.

3.6. Where delivery is charged, it will be at cost price to Cedar Nursery. Goods will be supplied on a non-returnable pallet or by parcel carrier, at the discretion of Cedar Nursery.

3.7. You must advise Cedar Nursery when placing your order of any access restrictions likely to constrain the type or size of delivery vehicle. Please also see sections 5.8-5.10 below.

3.8. Cedar Nursery pricing is reviewed regularly. Revisions will be applied at any time for changes in material and manufacturer price rises, offers, promotions or promotional discounts.

3.9. Prices stated on quotations issued by Cedar Nursery are valid for 28 calendar days from the date shown on the quotation.

4. PAYMENT

4.1. Cedar Nursery standard payment terms are full payment with order, unless credit terms or staged payments have been agreed. Bespoke and Made to Order items always require payment on order.

4.2. Payments are only accepted in Pounds Sterling (£). Payments are accepted by the following means: BACS (electronic banking), Visa, MasterCard, Visa Delta and Electron cards, or cash up to £1000. For customers wishing to make payment by credit card over the telephone for sums above £200, the registered card and delivery address must be the same or may be subject to further security checks.

4.3. Unless otherwise agreed, goods shall not be released until clearance of funds into Cedar Nursery bank account.

4.4. Where credit terms apply, having been agreed in writing by Cedar Nursery, invoices must be paid in full within the agreed credit term.

4.5. Cedar Nursery reserves the right to charge interest at a rate of five percent above the National Westminster Bank base rate from the date that the invoice is due for payment until the date on which such payments are actually received by Cedar Nursery. In the case of any default in payment, you shall give Cedar Nursery every assistance in the repossession of the goods in respect of which payment has not been made. Where Cedar Nursery requires the service of a debt collector, all additional costs will be charged to you, this would be an added surcharge with a minimum of 15%.

4.6. Cedar Nursery reserves the right to alter the standard payment terms of any customer if deemed appropriate, or where special terms form part of an order.

5. DELIVERY/COLLECTION

5.1. Cedar Nursery shall aim to fulfil all orders at the earliest opportunity; however, any time scales stated by Cedar Nursery will be an estimate only.

5.2. Delivery periods are provided in working days (i.e. 20 working days = 4 weeks), to account for public holidays and that transport couriers typically operate weekdays only.

5.3. Deliveries are made weekdays only, typically during the hours of 8.30am to 5.00pm; however, this can vary depending on the delivery method. Cedar Nursery will endeavour to give approximate delivery dates and times; however, these can only be used as an estimate and Cedar Nursery can take no responsibility for failure of delivery during estimated times.

5.4. The party delivering on behalf of Cedar Nursery, when requested, shall be instructed to contact you to advise a delivery date near the completion of your order. This notice may vary depending on the delivery method.

5.5. Product delivery shall be to kerbside or driveway only. It is at the discretion of the carrier or delivery driver should they decide to move the goods to an alternative point on your property.

5.6. Cedar Nursery cannot be held responsible for delay in delivery caused by: (a) the manufacturing process, or (b) third party such as a contracted carrier.

5.7. Should the delivery period extend beyond whichever is longer - that published or agreed, or 30 calendar days after the date of order - you can cancel your order without penalty unless the product is a bespoke or made to order item.

5.8. It is your responsibility to notify any access concerns to Cedar Nursery at point of order. Particular attention should be paid to gate/door and passageway widths.

5.9. It is your responsibility to provide free and unobstructed access for product delivery to the desired location of the item purchased. Any failed, abortive or return delivery charges shall be recovered from you at cost. Please also see section 3.7.

5.10. It is your responsibility to ensure suitable safe access is available.

5.11. In the interests of Health & Safety for Cedar Nursery employees or contractors, on delivery of bulky or heavy products shall not be: (a) lifted over walls, fences etc, and (b) moved to other floors other than highway level.

5.12. All delivered goods must be signed for (POD) by you or your appointed representative, at which point responsibility and risk of the goods (not title if unpaid) shall pass to you.

5.13. If you cannot be in attendance on delivery, prior authority and acceptance of responsibility to leave the unattended product must be sent to sales@landscaping.co.uk

5.14. Cedar Nursery will not bear any abortive costs arising from you due to a failed delivery.

5.15. Should a 'premium delivery service' fail to occur on the expected date where Cedar Nursery is at fault, we shall reimburse the cost of the 'premium delivery charge'. Reimbursement will be limited to the 'premium delivery service' fee paid by you at the time of ordering.

5.16. It is your duty to make yourself available to be contacted prior to delivery. Should Cedar Nursery or its chosen agent be unable to contact you, the delivery of the order may be adversely affected.

5.17. Cedar Nursery is not liable for delivery delays or failures caused by factors outside of Cedar Nursery control including "Acts of Nature", adverse weather conditions, road accidents, vehicle breakdown or personal illness.

5.18. Goods must be collected or delivered within 10 working days of you being given notification that the goods are available. Cedar Nursery reserves the right to charge a Storage Fee for goods stored longer than the 10 working days at a rate of 5% of the order value for each additional 5 working days.

6. CHANGES TO ORDERS

6.1. If you make a change to the product ordered, you must contact Cedar Nursery who will decide if the change is possible. If it is possible, Cedar Nursery will contact you to confirm whether you wish to go ahead with the change and any price implications. If Cedar Nursery cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract. This may not be possible for bespoke or made to order Goods.

6.2. Cedar Nursery reserves the right to make changes in line with relevant laws and regulatory requirements. If there are any changes to the product, Cedar Nursery will notify you and you may then contact Cedar Nursery to end the contract before the changes take effect and receive a refund for any products paid for but not received.

7. SHORTAGES/DAMAGE

7.1. It is your responsibility to thoroughly inspect the goods at the time of delivery and only sign for the delivery if goods are delivered in good condition. Deliveries must be signed for as DAMAGED by you if appropriate, and only goods that are signed for as DAMAGED on a POD can be claimed for. Signing unchecked will, with the exception below, negate any future claim.

7.2. Shortage or damage should be reported within 24 hours with detail, either in writing to Cedar Nursery address, by email to sales@landscaping.co.uk or by telephone on 01932 862473.

8. RETURN (CANCELLATION)

8.1 Product Description

All Goods are newly manufactured for sale or to order, as described on Cedar Nursery literature and website.

8.2 Cancellation Rights

Subject to the exceptions in section 8.3 below, you have the right to cancel your contract within 14 calendar days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

8.3 Exceptions to Cancellation Rights

You do not have the right to cancel the contract in the following circumstances:

• Where the contract is for goods that are made to your specifications or are clearly personalised
• Where the contract is for goods which are liable to deteriorate or expire rapidly, including but not limited to:
  • Plants and other living specimens
  • Cut flowers and perishable horticultural products
• Where the contract is for bespoke products, optional fixtures, adaptations, or products made to order

8.4 How to Cancel

To exercise your right of cancellation, you must inform us of your decision to cancel this contract by a clear statement. You can do this:

• In writing to Cedar Nursery's registered address
• By email to sales@landscaping.co.uk
• By completing and submitting the cancellation form (if provided)

You may use the model cancellation form available upon request, but it is not obligatory.

8.5 Effects of Cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

8.6 Return of Goods

You must send back the goods or hand them over to us without undue delay and in any event not later than 14 calendar days from the day on which you communicate your cancellation of this contract to us.

You will have to bear the direct cost of returning the goods. Return costs are not fixed and are based upon variables such as product and location. Typical return costs begin at £65 for a pallet. Where you request Cedar Nursery to undertake a collection and return, we shall notify you of the return charge in writing (by email) prior to undertaking the process.

8.7 Condition of Returned Goods

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Goods must be returned in their original condition and packaging where possible.

8.8 Customer Responsibilities

It is your responsibility to:

• Retain possession and take reasonable care of the goods until they have been returned to Cedar Nursery
• Ensure goods are adequately packaged for return transit
• Meet all product return costs as specified in section 8.6

8.9 Refund Timeline

We will make the reimbursement without undue delay, and not later than:

• 14 calendar days after the day we receive back from you any goods supplied, or
• (if earlier) 14 calendar days after the day you provide evidence that you have sent back the goods

8.10 Refund Method

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. Any return costs will be deducted from the refund amount.

8.11 Non-Profit Return Charges

Cedar Nursery will not profit from any return charges received from customers. A return charge will always equate to the actual cost Cedar Nursery incurred for collection and processing.

8.12 Late Returns and Restocking

There may be a restocking charge applied if goods are returned outside of the statutory cancellation period. Such charges will be clearly communicated before acceptance of any late return.

8.13 Order Confirmation and Cancellation Rights

On placement of a website (ecommerce) order, you will receive an automated response including order confirmation and electronic invoice. Cedar Nursery reserves the right to cancel an order of any item prior to the delivery of the item, in which case a full refund will be provided promptly.

8.14 Information Requirements

In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, customers will be provided with clear information about their cancellation rights, including:

• The conditions, time limit and procedures for exercising the right of cancellation
• Where applicable, information about your liability to pay costs in accordance with regulation 34(3) or 35(5)
• Information about circumstances where the right of cancellation does not apply

9. QUALITY ASSURANCE

9.1. If any of the goods we supply fail to perform satisfactorily due to faulty materials or workmanship, please contact us and we will work with you to deal with the problem. This would normally involve a repair, providing a replacement product or giving you a full or partial refund. Your rights, defined in the Consumer Rights Act 2015, are not affected by these terms. The images of the products on the Cedar Nursery website and any printed material are for illustrative purposes only. Although Cedar Nursery has made every effort to display the colours accurately, we cannot guarantee that a device's display or print reproduction of the colours accurately reflects the colour of the products. The product may vary slightly from those images.

9.2. The packaging of the product may vary from that shown in images on the website.

10. LEGAL RESPONSIBILITY

Nothing in these terms of business should affect your legal rights or limit our legal responsibility, or any other liability which we cannot limit or exclude by law. (This includes our legal responsibility under section 2(3) of the Consumer Protection Act 1987.) We will not compensate for delivery delays or failures that are outside our control, unless you have asked us for a premium delivery option. We will not be legally responsible to you for any losses which both we and you could not expect at the time you bought the goods. If you are a trade customer, we will not be legally responsible to you for any business losses.

11. LAW

These terms of business will be governed by English law. Any disputes will be dealt with by the English Courts.

12. PERSONAL INFORMATION/PRIVACY

Please see our Privacy/GDPR policy found on our website.

13. CONTACT

13.2. When the word "writing" or "written" is used in these terms, it is intended to include emails and postal correspondence. If Cedar Nursery has to contact you, we will do so by telephone or by writing at the email address or postal address provided to us in correspondence or when placing an order.

Website Use Policy - Using our website

By using our website, you agree to use it for lawful purposes and agree not to attempt to obtain unauthorised access to any part of the website that is restricted and to which you are not entitled to access.

Copyright Content

You may not copy, reproduce, re-publish, and adapt content (including photos and logos) in any way for your own personal use or for commercial use, unless you have our written consent. Any link to the website from external sites and businesses must have the written consent of Cedar Nursery.

Cedar Nursery uses reasonable endeavours to ensure that the content of the website is accurate but accepts no responsibility for errors, omissions or inaccurate content.

Your Personal Data

Please see our Privacy Policy for information about how we collect, manage and store your data when you use our website.

Disclaimer

By using the website, you accept that Cedar Nursery does not warrant that the website is free of viruses or bugs and that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other checks to satisfy your security requirements).