Terms and Conditions

To see a summary of packaging, delivery charges, etc go to Mail order delivery details.

Terms and Conditions of Boundary Nursery Mail Order:

In these conditions, unless the context requires otherwise:
“Buyer” “customer”, “you”, “yourself” means the person using the website.
The “company”, ‘website’, ‘we’, ‘us’, ‘our’ means the Boundary Nursery website.
The “products”, “plants” are those goods we offer for sale, available to be purchased by you.
“Contract” means a contract, subject to these conditions, for supplying the products between Boundary Nursery and the Buyer.
“Boundary Nursery” means Mr Peter Reason trading as Boundary Nursery, Harvest House, Colne Road, Bluntisham, HUNTINGDON PE28 3LU
“Order” means a purchase order in respect of the products completed or agreed by the Buyer and submitted to Boundary Nursery, together with all documents referred to in it.

Use and Ownership of this Website:

If you do not agree to be bound by the Terms and Conditions of this website, please do not use it to order any products through the website.
These Terms and Conditions do not affect your statutory rights.
The content of this site is owned by Boundary Nursery and is licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License which means that if you use part, or all of this material you MUST attribute the work to Peter Reason of boundarynursery.co.uk
Boundary Nursery is not responsible for the site’s accuracy or its fitness for a particular purpose.
We try our utmost at making this website safe, but we cannot guarantee that it will operate free of error or that it is free from computer viruses or any other contaminating computer program.
We are not liable for any damages or losses resulting from your use of or inability to use this site.

Placing an Order

All orders are accepted subject to the following terms and conditions.
Previous dealings between the Company and any customer shall not vary or replace these terms.
The placing of an order on our website is conclusive evidence before any court of law or arbitrator that these terms apply.
The acceptance by the Company of any order for products shall constitute an agreement to sell the products.

Availability of products:

We aim to keep all plants available through the year, but due to upsurges in demand, and certain varieties being rare, or difficult to propagate, we cannot guarantee that all the plants that are ordered will be available.
We will always try to inform you as soon as possible if certain plants are out of stock or are not yet ready for sale.
You will be given the option of either:

  • waiting until the plants are in stock
  • choosing alternative plants of an equal price
  • or cancelling your order and obtaining a full refund.

We do retain the right to reject the order if for example:

  • there is little chance of us being able to fulfill your order in a satisfactory time scale
  • if we are unable to deliver to the delivery address you have given
  • if payment has not been satisfactorily completed.
Quality and trueness to description:

Seasonal variations can make plants look very different from what you may have expected.
After some heavy frosts, or icy winds, plants may look quite battered, but when the warmer weather comes they should quickly grow away.
Some plants may arrive with no visible stems or leaves. This will be due to the plant hibernating for the winter, but there are a few plants that hibernate during the summer, so please be aware of this.
If you are unsure at how your plants look, then use the Not Happy Contact Form and then you will have registered your concern.
Also, if you take a photo and upload that on the Not Happy Contact Form, it helps us to see what is going on.
It’s probably nothing to worry about, but if it worsens in a few months time, then we can consider what to do.
How plants perform after planting depends on warmer or colder locations, rich or poor soils, etc.
Therefore our photographs and descriptions including the size of plants and the flowering season are given as a guide only. We do try to be as fair as possible with our descriptions.
Also our photographs are real colours and they are not colour enhanced like many plant catalogues and websites. We do find that some of the reds and purples get changed when presented on computer screens, but we do our best to present them in the most accurate way.

Payment

Payment is due at the time of the order.
If the payment fails, we will not lift the order.
For any payment taken for goods not in stock, please see ‘Availability of products’ above.

Delivery of plants:

When we receive an order from you, it might be sent out in that same week, but generally it will be sent out early in the following week (in busy times this may be a longer period).
It is important that you provide an accurate delivery address and that the plants can actually be delivered to that address.
It is also very important that there is someone in to accept the delivery. If not:

  • is there a neighbour who could accept the delivery?
  • Or your place of work?
  • Or could the plants be left in a specified place – this is a risky option, we cannot be held responsible if the delivery goes missing.

If you are wanting the plants to be delivered to a different address, please supply that address as the delivery address.
We will not accept any liability for loss or damage whatsoever for the plants once:

  • they have been delivered according to your delivery instructions or
  • if you fail to provide us with the ability to deliver, by providing no alternative address or
  • if you fail to provide us with the ability to deliver, by you not being in when they are delivered

If you fail to take delivery after several attempts and the plants get returned to the nursery, the cost of redelivering will have to be charged again and the risk of damage or loss is your entire responsibility.
We will always try our utmost to deliver as quickly as possible, (Courier Next Day delivery, or Royal Mail 1st Class parcel post) but delivery dates are at best estimates only provided for guidance and we cannot take responsibility for any loss whatsoever incurred by you* for the delivery guidance given that is outside our reasonable control.
* This includes your loss of profit, your works schedules, affects on your employment or your business.
If the courier has tried unsuccessfully to deliver the plants, the longer the plants are kept in dark conditions and the more stress is put on the plants.
After 2 days in hot weather, the plants can start to grow trying to reach some light – this is okay and the plants will quickly grow out of it.
But in worse cases where there has been a redelivery, we cannot be held responsible for this ‘stretching’ of the plants.
However, plants are generally very forgiving and they should eventually grow out of it.

Complaints:

If there is a problem with your plants, or they have been damaged in transit, please read the Feeling Unhappy page and then contact us using the Not Happy Contact Form or write to us at Boundary Nursery, Harvest House, Colne Road, Bluntisham, HUNTINGDON PE28 3LU within 3 days of receipt of your delivery.
We can only accept complaints within this timescale.

If you want to cancel an order:

If you change your mind on going ahead with your purchase (after you have paid for it), and:

  • BEFORE it is lifted for despatch, then we will give you a full refund.
  • AFTER it is lifted for despatch, then we will give you the full refund.
  • ONCE THE PLANTS ARE IN THE POST we can’t stop it and it’s too late to cancel without you incurring the cost of sending it back to us, provided the plants are returned to us in good condition, we will then give the refund.
Plant death and warranty:

All plants described as ‘hardy’ are guaranteed to survive a normal English winter provided it’s requirements have been adhered to – paying particular attention to these categories:

  • ‘The best position in the garden’
  • ‘What type of soil’
  • ‘How much moisture’
  • Some plants (like Sempervivum) are hardy as far as the temperature is concerned, but they do require good drainage, so it will say something like: ‘Hardy, provided the drainage is good’ in the plant description.

Also, was the plant neglected after planting – not watered regularly in it’s first full growing year?
Or was it given too much water – watered everyday and not allowed to dry out a bit?
If you believe that you followed that advice and that you believe you have a valid claim and wish to return the plant and that it has died within 12 months of purchase, please ensure you contact us immediately with a photo.
This warranty only applies to those plants marked as ‘hardy’.

Plants marked as ‘virtually hardy’ ‘quite hardy’, etc should survive most winters if the plant requirements are followed, but the warranty does not cover these type of plants.

Please be aware that cats and dogs ‘marking their territory’ can be a common reason for a plant failing and we cannot warrant against that.

These Terms and Conditions are to be interpreted and governed by English Law only.
If we have made a genuine mistake in law in that any specific Terms or Conditions may be unenforceable, English Law governing the interpretation of these Terms and Conditions will apply and all other Terms and Conditions as outlined above will be deemed enforceable as appropriate.

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