All text and images on this website are copyright to Harley Nursery and may not be copied, reproduced or used in any way without our express permission in writing.
Not all plants are available at all times. No responsibility can be taken if you have travelled any distance for a particular plant without calling to check availability first.
We do not gather any information about our customers other than that necessary to fulfill orders or any legal requirements
1. These terms
1.1
What these terms cover. These are the terms and conditions on which we supply garden products to you when you place an order on our website.
1.2
Why you should read them. 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.
2. Information about us and how to contact us
2.1
Who we are. We are N J Murphy Trading As Harley Nursery. Our address is Harley Nursery. Harley. Shrewsbury. Shropshire. SY5 6LN. Our registered VAT number is 549592103.
2.2
How to contact us. You can contact us by telephoning 01952 510 241 or by writing to us at Harley Nursery. Harley. Shrewsbury. Shropshire. SY5 6LN. You can also email us at plants@harleynursery.co.uk
2.3
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. Our contract with you
3.1
How we will accept your order. Our acceptance of your order will take place when we email you to let you know we are going to deliver the products, at which point a contract will come into existence between you and us.
When confirmation of order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case we are no longer able to supply a particular product for some reason. In this case we will contact you to discuss alternatives.
3.2
If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email. We may not be able to accept your order because we are out of stock in which case we may offer you a substitute or ask if you would like to wait for stock to come in.
3.3
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4
Delivery. Our local delivery service only operates if your delivery address is within a 20 mile radius of the nursery which covers the following postcodes: SY1, SY2, SY3, SY4, SY5, SY6, SY7, SY8, SY9, SY13, TF1, TF2, TF3, TF4, TF5, TF6, TF7, TF8, TF10, TF11, TF12, TF13, WV15, WV16. We currently do not offer a national delivery service.
3.5
If you live in another area then please use our Click and Collect services.
3.6
Minimum Order. There is no minimum order value, however free local delivery occurs when the order has reached £100 or more in value.
4. Our products
4.1
Products may vary slightly from their images. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Providing the products
5.1
Delivery costs. If you select our local delivery service then the costs of delivery will be as displayed to you on our website.
5.2
When we will provide the products. During the order process we will let you know when we will deliver the products to you. We aim to deliver within 5-7 working days (Monday to Friday) and we will notify you if any of the products you order are likely to take more than 7 days to deliver.
5.3
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
5.4
Click and Collect service. If you have selected our Click and Collect service, you will be allocated a time slot for collection by email and this will be during our working hours of 10:00-16:00 Wednesday to Sunday.
5.5
If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to re-arrange delivery, but you will have to pay a further delivery charge.
5.6
When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
5.7
When you own goods. You own a product once we have received payment in full.
6. How to end the contract with us if you have changed your mind
6.1
Tell us if you have changed your mind. No later than 28 days or 7 days (if it is a plant) after delivery or collection you may cancel the contract and obtain a refund, if you decide you do not want to keep the products. Please call or email us.
6.2
Returning products if you change your mind. If you change your mind after products have been delivered to you, or you have collected them from us, you must return them to us at Harley Nursery or we may inform you that we will collect them from you. If you are returning the products to us then you must send off the products within 14 days, or if it is a plant 7 days, telling us you wish to end the contract. All returned products must be in good condition and in their original undamaged packaging. If the products are not faulty then you must pay the cost of returning the products to us. Plants are perishable items which is why we ask you to return them sooner than other products.
6.3
What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you our standard local delivery charge for collection.
6.4
How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
6.5
Deductions from refunds if you are exercising your right to change your mind
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in our shop.
We also reserve the right to cancel your order and give you a refund equal to the value of your order for any reason at any time up to the point of delivery.
7. If there is a FAULT WITH the product
We supply good quality, healthy plants and trees. They are normally lifted just prior to delivery and pack in a way to ensure that they reach you fresh and in the best possible condition. As a result there are very few that fail. We will refund or replace any plants bought from us and planted in the UK that fail and are reported to us before midnight on the 365th day after the date of receipt, we will replace them like for like free of charge at the start of the next season, if:
- You did not suffer from a hosepipe ban.
- You send us at least 2 clear, in-focus photographs (preferably digital to plants@harleynursery.co.uk) as soon as you think there is a problem. One from a distance to show the planting area, and one close up. We may also ask for a sample plant for analysis.
- You meet the cost of delivery for the replacements.
- They are not themselves replacements.
- They are not plants given to or used by third parties
- You did not obviously ignore our instructions or commonly accepted gardening practice. For example, we will not replace a tree that was planted after an excessive period of time after delivery.
- In the case of barerooted plants, losses are confirmed by 30th June following purchase.
- In the case of potted plants, losses are confirmed at least 12 weeks after purchase.
If you are unhappy with your purchase please either: Refuse delivery if you are present when the delivery is made. Or, if you cannot inspect your delivery until later notify us before the product(s) “sell by date” and we will instruct you on care and repacking while we arrange collection from you. Under these terms, all plants are regarded as being perishable. As such their “sell by date” for the purpose of returns is 7 days after they were delivered to you. Products that are not alive have a “sell by date” 28 days after delivery to you. Once planted, you have expressed your satisfaction with the plants, you recognise they are perishable and that we have no control over the conditions in which you keep them, the ground in which they are planted, the manner in which they are planted or the way in which you tend your plants afterwards. Their health is your sole responsibility from the date of delivery.
7.1
How to tell us about problems. If you have any questions or complaints about the product, please call or email us and we will do our very best to resolve any issues.
7.2
Returning faulty/damaged products. If issues cannot be resolved over the phone then we will ask you to return the products to us if it was a Click & Collect order or local delivery. You must ensure that the products are properly packaged and all parts are included.
If you receive a plant that is in a poor condition when you take it out of the box, please contact us immediately. We may ask you to send us a photograph so that there is no doubt as to its condition on arrival with you and to help us determine the cause of the problem.
7.3
No fault found. If on receipt of the products we find they are faulty then we will replace them and deliver the replacement back to you free of charge or if we cannot replace then we will provide you with a full refund. If on receipt we find the products are not faulty then we will return them to you and you must pay our standard delivery charge.
Our liability, however arising and including liability for negligence as well as all liability under the express and implied terms of the contract with you, is restricted to the replacement or refund of the goods sold and delivered. We will not be liable for any other direct or indirect loss suffered by you, including for loss of profits or other economic loss, even if we are made aware before the time of your order of any circumstances that might give rise to such loss. This paragraph does not exclude or limit our liability for death or personal injury caused by our negligence or for fraud.
Our site and our staff give advice to the best of their ability. It is freely given and should be treated as such. Harley Nursery accepts no liability for any claim that may be made as a result of following such advice. In particular, plants can be toxic or produce allergic reactions. Some plants may be poisonous to humans but not to some animals or vice versa. It is the customer’s sole responsibility to ensure that the plants they buy from us are suitable for the purpose for which they are being used.
8. Price and payment
8.1
Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 8.2 for what happens if we discover an error in the price of the product you order.
8.2
What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
8.3
When you must pay and how you must pay. We accept payment with Visa, American Express and Mastercard. You must pay for the products before we dispatch them.
9. How we may use your personal information
How we may use your personal information. We will only use your personal information as set out in our Privacy and Cookie Policy.
10. Which laws apply to this contract and where you may bring legal PROCEEDINGS?
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.