By completing the purchasing processes you are agreeing to be bound by the terms and conditions shown below.

These terms and conditions do not affect your statutory rights.

Definitions

• Buyer:  The person who buys or agrees to buy the goods from the Seller
• Conditions: the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the seller
• Goods: the articles which the Buyer agrees to buy from the Seller
• Price: the price for the Goods, excluding VAT and any carriage, packing and insurance costs.
• Seller: Thorpe Trees Limited, Thorpe Underwood, York, YO26 9TA. Registered Company No. 5320280

Conditions

These conditions shall form the basis of the contract between the Thorpe Trees Ltd and The Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.

All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these conditions.

Acceptance of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these conditions.

These conditions may not be varied except by the written agreement of a Director of the Seller.

These conditions represent the whole agreement between the Seller and the Buyer. They supersede any other conditions previously issued.

Contract

We must receive payment of the whole of the price for the goods before an order can be accepted.
Once we have received payment from you , we will confirm that your order has been accepted by forwarding an e-mail to you at the e-mail address given with the order. Acceptance of your order will bring into existence of an officially binding Contract between us.

Payment Terms

We accept all major credit / debit cards: Visa, Visa Electron, Mastercard and Maestro.

The Buyer’s credit account will be charged for payment upon receipt of an order unless delivery cannot be fulfilled within 28 days. The Thorpe Trees Ltd accepts no liability if delivery is delayed due to the receipt of incorrect payment details. This does not affect any other rights you may have.

Pricing

Every effort is made to ensure that prices shown in the Thorpe Trees Limited catalogue and on the website are accurate at the time you place an order. If an error is found, we will inform you as soon as possible and offer an option to re-confirm the order at the correct price or cancel the order. If we do not receive an order confirmation from you within 14 days of informing you of the error the order will be cancelled automatically. If you cancel the order we will refund or re-credit you for the sum that has been paid by you or debited from your credit/debit card for the goods.

The price quoted in the catalogue or on the web site are exclusive of VAT which shall be due at the prevailing rate on the date of our invoice.
The Total sum for the Goods ordered, Delivery costs and VAT will show on the ‘Check-Out’ page of the web-site before you are committed to completing the purchase.

Goods

We will strive to ensure that we have adequate stock of all items for purchase through the web site or the catalogue however all items are sold subject to availability at time of order. We will always try to replenish Goods as required but this is not always possible. We will provide the most up to date information on availability at the point of sale and will endeavour to fulfil your order requirements.

If the Goods you have ordered are not available from stock we will contact you be e-mail or telephone and you will be given the option to either wait until we have sufficient stock to fulfil the order or cancel your order.

Thorpe Trees accepts no liability arising from our inability to supply goods due to lack of stock other than returning any payments made to the Buyer

Warranties

All plants are despatched in good condition and fit for purpose.

Every effort has been made to ensure that the specification and description of all items is correct both in our printed catalogue and on the website. All plants are supplied true to name and every care is taken in their production and packing, but if any error is made by the us, liability shall not exceed the listed price of the relevant variety. No responsibility is accepted by us for inability to despatch plants or plant losses due to adverse weather conditions or (non)statutory plant health issues.

Delivery

A delivery charge will be added to every order that is despatched.

All delivery charges are subject VAT which is charged at the prevailing rate at the time of invoice.
Due to the diverse nature of our products the delivery charges will vary according to the goods ordered and cannot be refunded. Our standard delivery charges which are listed on the web site are for the delivery of bare-rooted plants only. Quotations will be given at the time of order for deliveries which include wooden stakes, containerised or root-balled plants due to the extra weight.

Thorpe Trees offer a delivery service using our own Company transport, National Carrier or Pallet Line. We endeavour to select the most appropriate method according to the order but situations beyond our control may cause this to vary.

Our standard delivery charges apply to deliveries made to addresses in the UK Mainland.
Deliveries to some parts of Scotland, The Scottish Isles, the Isle of Wight, the Isle of Man, Northern Ireland and the Channel Isles will require us to obtain a specific quotation from our Carriers before we can confirm an order. This charge will be quoted to you and we will require your written (e-mail) confirmation before we proceed with the order.

Subject to stock availability we aim to despatch the Goods within 1 week of processing the order or on a date agreed with you upon request.

Delivery of the goods will be made to the delivery address given by you at the time of order. You will be responsible for making all arrangements necessary to take delivery of the goods on the day notified by or agreed with us for delivery. We will not attempt to deliver any Goods to a delivery address without a Postcode or Contact telephone Number.

We will undertake to use all reasonable means to despatch the Goods on an agreed delivery date, but cannot guarantee to do so. If delivery is delayed due to any cause beyond our reasonable control the delivery date will be extended by a reasonable period and we will contact you to agree an alternative date or time. Time of delivery shall not be of the essence of the contract.

We shall not be liable to you for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of goods. If short delivery takes place, you undertake not to reject the Goods but to accept the Goods delivered as part performance of the contract.

Risk of damage or loss of the Goods will pass to you if you fail to take delivery of the goods at the agreed time.

You will become the owner of the goods you have ordered once they are delivered to you and we have received payment in full. At this stage they will be held at your own risk and we will not accept any responsibility of liability for their loss or destruction.

Acceptance Of Goods

The Buyer is deemed to have accepted the Goods 48 hours after delivery to the Buyer.

The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to Thorpe Trees Limited within 4 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.

Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

Cancellation

As a customer you have the legal right to cancel your order within fourteen days of receipt of your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us if you wish to cancel your contract.

If you decide to cancel your contract once the goods have been delivered you must send the goods back to us at your own cost and risk. If you cancel the contract and we have already processed the goods for delivery the goods must be returned un packed to our contact address at your own risk and cost as soon as possible.

Once you have notified us that you are cancelling your contract, any sum debited to us by your payment card will be re-credited to that same card as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

You must confirm your payment card details at the time of informing us of the cancellation of the order.

You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods caused by our own error.

We reserve the right to cancel the contract between us if:
we have insufficient stock to deliver the goods you have ordered or,
we do not deliver to your area or,
one or more goods you ordered was listed at the incorrect price due to an error on our behalf or in the pricing information received by our suppliers.

If we cancel your contract we will notify you by e-mail or letter and will re-credit you account any sum deducted by us from you payment card as soon as possible but in any event within 30 days of your order.

Non-Refunable Items

If you wish to return an item or any items paid for with a Thorpe Trees Gift Voucher, we will only be able to issue you with another Gift Voucher to the value of the item(s) returned.

Limitation Of Liability

The liability of Thorpe Trees Limited in contract including negligence or breach of statutory duty, misrepresentation, restitution or otherwise, arising in connection with the performance of this contract shall be limited to the price of the goods. Under no circumstances shall Thorpe Trees Limited be liable for any form of indirect or consequential loss, costs or expenses as a result of this agreement or contract.

If you do not receive goods ordered by you within 30 days of the date on which you ordered them we will have no liability to you unless you notify us in writing at our contact address of the
problem within 60 days of the date on which you ordered the goods (unless this is not
reasonably practicable).

If you notify a problem to us under this condition, our only obligation will be, at your option:
to make good any shortage or non-delivery;
to replace or repair any goods that are damaged or defective; or
to refund to you the amount paid by you for the goods in question in whatever way we choose.

Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Thorpe Trees, Thorpe Underwood, York. YO26 9TA and all notices from us to you will be displayed on our website from to time.

Changes to legal notices

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

Law, jurisdiction and language

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales . All contracts are concluded in English.

Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

Third Party Rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party

Data Protection

Thorpe Trees Limited will take all reasonable precautions to ensure that details relating to you, your order & payment are kept secure in accordance with the requirements of the Data Protection Act 1998. Unless Thorpe Trees Limited is negligent in exercising these responsibilities then Thorpe Trees Limited shall not be held liable for unauthorised access to information supplied by you. Where you supply data relating to other individuals you will be deemed to have obtained their agreement to this information being released to us.
Any details relating to you that are given to Thorpe Trees Limited will not be passed to any other Third Party without your written consent.

General

Nothing in these Terms and conditions will reduce your statutory rights relating to faulty or mis-described goods. For further information about your statutory rights please contact your Local Authority Trading Standards Department or Citizens Advice Bureau.