Terms and Conditions
The following terms and conditions apply to any and every part of Proctors Nursery website and by visiting this website, you are agreeing to adhere to the following:-
Price and Payment Terms
We reserve the right to adjust the price before delivery to reflect any unforeseen cost increases.
Payment is taken on order, even if delivery is at a later date.
Your payment is securely processed and your financial information is encrypted and can only be seen by you.
Payment of goods constitutes acceptance of our Terms and Conditions as outlined in this document.
Goods remain the property of Proctors Nursery until payment is received in full.
On rare occasions we send out plants that have labels with a different price than that which you paid online. The nature of the products we sell make it necessary at times to ‘pot up’ plants into larger sized containers, this incurs extra costs for time and materials, as well as the extra feeding and care that the plants require before sale, which leads to a price increase. We do always try to amend the labels when prices have been changed, but due to the vast volume of plants we deal with, we inevitably miss the odd one. We may have also reused a pot and not taken the old price off before we repotted a new plant in the pot. When buying online the price of items is clearly displayed on the individual products pages and again in your shopping basket. The online price is the price you are agreeing to pay when making a purchase. We reserve the right to cancel all or part of an order where there has been a genuine pricing error online.
Appearance, Description and Sizes
The description of the goods, quantity and price are those set out in your order. Variations in size, shape and colour is seasonally inevitable. For instance a summer flowering deciduous shrub will appear bare, without leaf or flower in winter and climbing plants, particularly clematis may die back considerably in winter, but grow again from much lower down the old stems in spring. Perennials that burst into life in spring, will often resemble a pot of soil with a few dead leaves (if any) in winter, which in some cases means that there is little or no top growth apparent between November and March. Any plant sizes given are an approximate value, where a height range has been given, then the plants we supply can be anywhere in that range, usually dependent on the time of year. We may not have stocks of all varieties in all pot sizes and therefore reserve the right to supply any plant in 9cm pots instead of 1 to 1.5 litre plants and adjust the price down accordingly. While we always take great care packing your plants, on rare occasions, pots can crack in transit, in these circumstances, we will not make any refund or replacement based solely on a damaged pot.
The descriptions and photographs on this website are intended as a guide only, planting varieties in different aspects and climates can have an effect on colour, height and flowering. Feeding/watering also plays a big part in this too.
Availability of Products
The availability of plants and the way they look is very often seasonal. We share stock with our retail nursery on site as well as our wholesale team. This together with the nature of live plants means that we cannot always provide an accurate stock level on line and may result, on some rare occasions, plants being out of stock. We will always try to inform you as soon as possible if plants are out of stock, or not yet ready for sale.
Deliveries can be left in a safe location at your request, but no responsibility is taken for them by Proctors Nursery or the carrier from this point on.
Once your order is in the hands of our Courier or the Royal Mail, the responsibility lies with the relevant service provider. If you have an issue with the delivery, you will need to contact them direct.
During our busy ‘Flower show/Exhibition’ periods, we may not be able to despatch your order for up to 10 working days.
If you believe any of the items you have received to be incorrect, please notify us with details of your concern immediately (no later than 7 days of receiving them). We will ask for photographic evidence to support your claim. Photographs can be emailed to firstname.lastname@example.org. Where a genuine error has been made we will offer a replacement by return.
If we receive goods back that were supplied correctly as per your order, this will be treated as a return whereby you will be responsible for the return postage and packaging costs. We will always do our utmost to resolve any issues, so always contact us. We highly recommend sending us photographs prior to making any returns.
If there are items missing from your order, this may be due to them being out of stock. We will have attempted to contact you to notify you of the situation and offer you a substitute item where possible.
Please let us know of any complaint or report any damaged items to us where possible within 24 hours of receipt of your goods, this can be via email at email@example.com. To help us settle any claims, we always request that we receive photographic evidence to support any complaint; this may include photographs of the plants themselves and/or damage to any packaging. We also ask that if the packaging is damaged on arrival, you retain their packaging and all goods for inspection/return by ourselves or our couriers; unfortunately, we will be unable to make any settlement where damaged packaging or goods have been disposed of prior to seeing photographic evidence or inspection/return. We aim to acknowledge all complaints within 24 hours of receiving them (Monday to Friday, 9.30am to 4.30pm) and to provide you with a suitable resolution in a reasonable and timely manner.
Non-delivery of Goods
Upon despatch we will send you an automated despatch notice to let you know when your order will be delivered. We use a number of couriers who are operating a 48 hour tracking service. Your orders will be despatched either on a Tuesday or a Wednesday. If you do not receive your items 48 hours after this time, you must inform us within 24 hours via email – firstname.lastname@example.org. With every order we include the tracking number of your parcel. Due to the nature of despatching live plants, any delay in informing us could lead to the plants perishing and we are unable to accept liability if we aren’t informed at the earliest opportunity.
We cannot be held responsible if your items are not delivered if you have given us the incorrect details for your address.
You have the right to cancel your order at any time within 48 hours of your order date.
All returns must be returned at your cost within 5 working days.
Payment for the returned goods will be refunded within 14 days of the goods being received by us, less the re-stocking charges.
Every effort is made to see that our stock is correctly named and of the highest quality, however, neglect, poor planting conditions, adverse weather conditions and damage by animals/pests could lead to plants failing. It is therefore impossible for us to consider complaints 7 days after purchase. If there is anything wrong with any plant on arrival, we need to be contacted straight away in order for us to deal with it as soon as possible. Plants will be replaced at our discretion.
To be able to process and record your order details, we retain certain information in our computer systems. We record your name, address, email address and the contents of shopping carts and orders made. This information is held on a secure database. At no time will it be disclosed to third parties. All the data you supply is handled and managed in accordance with the Data Protection Legislation.