Terms of service

Where to find information about us and our products

You can find the information you need to know about us, ORNAMENTAL TREES LIMITED, and our products on our website or from our sales staff before you order. The checkout process of our website summarises and confirms the key information for your order. We will also confirm this to you in writing before or after you order, either by email, in your online account or on paper, if required.

Your contract is with Ornamental Trees Limited, a company registered in England and Wales under Company Number 08043890 and registered at Suite 1, The Point, Lower Railway Road, Ilkley, West Yorkshire LS29 8FL. This is not our nursery address.

Ornamental Trees Limited are committed to providing high quality trees, shrubs and planting essentials. These products are sold for domestic and private use only and are not for resale.

When you buy from us you are agreeing that:

We only accept orders when we've checked them
We contact you to confirm we've received your order and to confirm we've accepted it.

Sometimes we reject orders
Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because we can't verify your age (where the product is age-restricted), because you are located outside the UK, as stated on our website and in our marketing or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

We charge you when you order
We will charge you when you place your order with us. You will own your product once we have received payment in full and the product is delivered.

We charge interest on late payments
If we're unable to collect any payment you owe us we may charge interest on the overdue amount at the rate of 5% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

We pass on some increases in VAT
If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We're not responsible for delays outside our control
If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: email: sales@ornamental-trees.co.uk telephone: 01943 660870 to end the contract and receive a refund for any products you have paid for, but not received, less reasonable costs we have already incurred.

Products can vary from the images and approximate sizes shown on our website or any marketing literature we provide
A product's true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different. Because our products are hand grown, all sizes, weights, capacities, dimensions and measurements indicated on our website are estimates only.

Products may be substituted by another product from the same sub-species
In the event of the supply of a specific sub-species of product being restricted or because we judge the quality of the product not being to a high standard as a result of natural variations in growing conditions, we may substitute a different sub-species of the product to fulfil your order.  Any substitute product will be a very close match in terms of size, shape, flower, foliage, bark or fruit specifications and will be of at least the same value as the original product; we will not charge extra for any higher value products we substitute

If a very close match substitute product is not available or if we are only able to provide a substitute of a different size, then we will contact you to confirm whether you want to proceed with the order, amend the order or receive a refund in full.

If you are looking for a very specific sub-species of a plant offered on our website, or if you are looking for something which you would like us to source specially for you, then please contact our customer services team and one of our plant buying experts will be pleased to help you find the plant you want.

You're responsible for making sure that products and services you order from us meet your requirements
Please make sure the products and services you order with us meet your needs before you place an order. If you have any queries, please contact our Customer Service Team: email: sales@ornamental-trees.co.uk  telephone: 01943 660870.

Delivery

Delivery charges are added on the checkout page of the website before you place your order with us. For information and charges relating to the delivery of our products, please see our delivery information on https://www.ornamental-trees.co.uk/delivery-i17

We charge you if you don't give us the information we need
We reserve the right to charge you additional sums if you don't give us information we've asked for about how we can access your property for delivery. For example, we might need to re-deliver on another vehicle or with extra manpower.

If you bought online or over the telephone, you have a legal right to change your mind

Your legal right to change your mind
For most of our products bought online or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

When you can't change your mind
You can't change your mind about an order for:
•    products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
•    goods which become mixed inseparably with other items after their delivery.
•    Cut Christmas trees. These cannot be returned for a refund or replaced after they have shipped, unless there is something wrong with the product. Each tree is a unique, living product, so some natural differences in shape will occur, which do not make them eligible for a refund or replacement.

The deadline for changing your mind
If you change your mind about a product you must let us know no later than 14 days after the day we deliver it. If your purchase is split into several deliveries over different days, the period runs from the day after the last delivery.

How to let us know
To let us know you want to change your mind, contact our Customer Service Team: email: sales@ornamental-trees.co.uk  telephone: 01943 660870.

You have to return the product at your own cost
You have to return your product (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the product.

You can:
•    bring the product to our nursery premises by pre-arrangement with our Customer Service Team: email: sales@ornamental-trees.co.uk  telephone: 01943 660870. You will need proof of your purchase and payment, and your refund will be processed via the original payment method.
•    send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price.
•    We can arrange for our couriers to collect your product from you, the costs incurred by Ornamental Trees Limited will be charged to you. For further information or to arrange this please contact our Customer Service Team: email: sales@ornamental-trees.co.uk  telephone: 01943 660870.

We only refund standard delivery costs
We don't refund any extra you have paid for express delivery or delivery at a particular time.

We reduce your refund if you have used or damaged a product
If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", the product has been pruned, the original pot is not returned or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due, for example, if a product has been planted out. Our Customer Service Team can advise you on whether we're likely to reduce your refund.

When and how we refund you
If you tell us you've changed your mind about a product that hasn't been delivered or one that we're collecting from you, we refund you as soon as possible and within 14 days. If you're sending your product back to us, we refund you within 14 days of us receiving it (or receiving evidence you've sent it to us). We refund you by the method you used for payment. We don't charge a fee for the refund.

You have rights if there is something wrong with your product

If you think there is something wrong with your product, you must contact our Customer Service Team: email: sales@ornamental-trees.co.uk  telephone: 01943 660870. We honour our legal duty to provide you with products that are as described to you on our website (subject to the variations referred to above) and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.

Summary of your key legal rights

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.

We can change products and these terms

Changes we can always make
We can always change a product:
•    to reflect changes in relevant laws and regulatory requirements, for instance if we are forbidden from selling certain products or produce.
•    to make minor technical adjustments and improvements.

We can suspend supply (and you have rights if we do)

We can suspend the supply of a product
We do this to:
•    deal with technical problems or make minor technical changes;
•    update the product to reflect changes in relevant laws and regulatory requirements; or
•    make changes to the product and/or specification

We let you know, may adjust the price and may allow you to terminate
We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we're going to suspend supply, for more than 8 weeks you can contact our Customer Service Team: email: sales@ornamental-trees.co.uk  telephone: 01943 660870 to end the contract and we'll refund any sums you've paid in advance for products you won't receive.

We can end our contract with you
We can end our contract with you for a product and claim any compensation due to us if:
•    you don't make any payment to us when it's due and you still don't make payment within 7 days of our reminding you that payment is due;
•    you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, access to your property.
•    you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us.

We don't compensate you for all losses caused by us or our products
We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
•    Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
•    Caused by a delaying event outside our control. As long as we have taken the steps set out in this section, w e're not responsible for delays outside our control.
•    Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
•    A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.

We use your personal data as set out in our Privacy Policy

How we use any personal data you give us is set out in our Privacy Policy available on our website.

You have several options for resolving disputes with us

Our complaints policy
Our Customer Service Team: email: sales@ornamental-trees.co.uk  telephone: 01943 660870 will do their best to resolve any problems you have with us or our products as per our Complaints policy.

You can go to court
These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product.
We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract. You can only transfer your contract with us to someone else if we agree to this. We may not agree if the assignment of the agreement will result in additional costs to us.

Nobody else has any rights under this contract.
This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply
If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later.
We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

Mobile Terms of Service

When you sign up to hear from us via SMS (either informational or marketing messages), you are agreeing to our Mobile Terms of Service, which can be viewed here: Mobile Terms of Service