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Terms & Conditions

Scot Plants Direct takes great pride to ensure that our customers receive plants and sundries that you can be proud to use in your garden landscapes. We not only want you as a customer for your initial order but we want to KEEP you as a customer for your future purchases. Our general policy and goal is to be able to provide you, the customer, with a wide selection of the best quality plants and sundries at reasonable prices - and delivered to you in a quick fashion backed with the best customer service possible. That is a tall order to fill, but we strive each day to meet this goal.

Definitions

Website:  Scotplantsdirect.co.uk trading domain name of Hedgehogs Nursery Ltd
Publisher:  The legitimate publisher of the website

Conditions

An order for goods placed by you, the buyer, through our website shall be subject to the terms & conditions listed here; Nothing in these terms and conditions affects your statutory rights as a consumer.

The terms and conditions are applicable to the website.  By using the website you agree with and accept  the Terms of Service.

Product pictures on this website are for illustrative purposes only.

Orders

Once an order has been accepted a contract will be formed between you, the buyer and Hedgehogs Nursery Ltd. All orders for goods shall be deemed to be an offer by you, the buyer, to purchase pursuant to these terms and conditions. No order submitted by you, the buyer, shall be deemed to be accepted by us unless and until Secure Trading have confirmed acceptance of the order by e-mail and your cash has been successfully taken from your card or bank account. A contract is still considered to have been formed whether or not you receive an e-mail stating the fact. You, the buyer, shall be responsible for ensuring the accuracy of all the details provided on the order form. We may contact you to provide further information to enable your order to be evaluated or processed. We are entitled to refuse any order, or any part of an order placed.

When ordering Bareroot Plants and Trees and you the buyer include in your order Pot Grown items or Sundries it is our policy to send out the order in its entireity. If you require items to be sent out under separate despatch, then there will be an additional delivery charge. Alternatively you can order non Bareroot items under separate order. If you have any questions please call our office 01592 772274 and we will be happy to advise you.  

Goods

Due to the nature of the goods we sell, any goods you recieve may differ slightly from the images shown on the web site. In the unlikely event that we are unable to ship the items requested, or we decide on reasonable grounds not to do so we will offer a refund or credit your credit or debit card.

We try to provide understandable information regarding the type of plants that we are selling. However plants will vary in size, shape and colours between specimens. Therefore the descriptions and photographs are provided as a guidance only.

Substitution and Sizing

Plant sizes are also approximate as each plant will grow at a different rate. We make every effort to make certain that plants are supplied at least the minimum size we specify, but there may be the occasion that plants are slightly smaller if ordered at the beginning of the growing season. Plants may be taller than specified as well when ordered at the end of the growth season.

We always try to make sure that everything we advertise as being available on our website is available. However availability is dependent on a number of factors including weather, and as there are certain varieties that we do not grow ourselves, infromation from our suppliers may delay availability. There is also that chance that the plants we thought were available were sold in our retail nursery between the time someone has placed an order on the web and when we reserve the stock for that order and sometimes we get the stock count wrong. If there is a problem with your order we will contact you right away and either offer a substitute for the p;lants that are not available. If you are not happy with what we recommend as an alternative then we will offer you a refund.

Pricing

The price you pay is the price displayed in respect of the relevant goods on the website at the time we receive your order plus the applicable delivery charges. Delivery charges and prices are subject to change.

All Prices are inclusive of VAT (where applicable) at the current rate. Your order is accepted subject to availability. We will send you a sales order confirmation and deliver in accordance with that document. It is your responsibility to check the order document carefully as we will not be held responsible for any errors in your order. Until your order is delivered, the VAT chargeable will be amended if there is a change in the applicable rate(s) of VAT.

Payment for Your Order

When you, the buyer, place an order under these terms and conditions payment will be charged to the debit card or credit card account provided by you on the website order form. By placing an order, you, the buyer, consent to payment being charged to your debit card or credit card account as provided on the order form. On receipt of your order we will use Secure Trading to validate your payment.

Payment is due at the time you place your order. We use a third party, PayPal or Sage Pay are our payment gateways to take your payment for the goods either by debit or credit cards. We do not store card details on this website. By ordering goods from our website you are giving us your consent to pass details essential for purchasing goods to Paypal or Sage. We will not store these payment details and Paypal or Sage Pay may.

We at ScotplantsDirect take your security very seriously. All  your credit card details required at check-out are encrypted before they leave the computer and they remain encrypted until they are received by our Secure Payment Gateway. Once your details arrive at the Payment Gateway the information you have provided will be verified. Confirmation that your order has been received safely will be displayed on your screen a few moments later.  A full confirmation email will be sent to you after further processing.

If paying by cheque, all cheques should be made out to HEDGEHOGS NURSERY Ltd

Note:  All items paid for by cheque will be processed and held until the cheque clears our bank.  We will notify you should the cheque fail to clear.

Pre Orders

Pre Orders are generally items that are seasonal, such as bareroot hedging, plants, rootballs, blueberry plants and bushes, raspberry canes, etc which are considered seasonal.  There will be a note that these are ready for

Pre Order and customers can place orders and will be notified when delivery will be forthcoming.

Pre Order of Blueberry Plants and Bushes, are usually despatched in April and cannot include any bareroot hedging plants, fruits, or rootballs as the season for all bareroot plants ends in March and cannot be sent out after that time. If items are ordered with the blueberry plants that are not appropriate, customers will be notified as there will be an additional carriage charge if the blueberry bushes are not ready for despatch.
 

Additions to an Existing Order

You may add additional items to your order at any time and you the buyer will be responsible for any additional delivery charges that may be deemed. If you wish to add an item to your order please call us on 01592 772274 or email us. Notification of additions to orders must be made within 24 hours after initial order to ensure that the additional items can be added before despatch.  

Goods and Delivery

When goods are delivered a signature is required. Should you, the customer, elect not to have the goods signed for when delivered i.e. you state that you wish the goods to be left and no signature is required, then we will NOT be held responsible for missing or damaged items. We will not be responsible of you have put on the wrong address, postcode, etc and the goods have been delivered to the wrong address. It is you the buyer that has the responsibility to make sure that proof read the delivery address. You will be responsible for the forwarding carriage charges if we have to re-send the goods to a corrected address AFTER the goods have been despatched.

The carrier will attempt 1-2 deliveries, and leave a card informing of the attempted delivery and contact details to call them. YOU, the buyer will be responsible to return said calls, or make attempts to contact the carrier to coordinate delivery to your premises. If you the buyer fails to contact the carrier, the goods will be returned to us, the seller, and will be held until either you notify us or we notify you of the failed delivery. If you, the buyer then decide to cancel the order after it has been returned to us as a failed delivery, refunds will be made less the delivery charge and handling costs of 25%. Deliveries will be made to the address on the invoice in the first instance and should you the buyer request an alternate address AFTER delivery has been attempted to the invoiced address, you the buyer will then be responsible for the extra delivery charge as put forth by the carrier. Notes left on doors, etc at premises for the courier will NOT BE ACCEPTED by the courier unless specific instructions have been left prior to despatch and appear on the delivery manifest.   Please contact us if you have any questions.

If despatch is delayed for reasons beyond our control, we will attempt to contact you to arrange a new delivery date especially if plants are involved remember plants are living specimens and are perishable. However we can only notify customers of delays if we are informed of delays from the courier on day of delivery. There are many reasons that despatch of goods could be late, carrier transport difficulties, snow, ice, heavy rain, winds, flooding, trunk mis-sorts, etc.  These are all beyound our control and will not be responsible for delivery delays.  If conditions are not suitable for lifting during the bareroot season (or planting) we reserve the right to delay delivery until they are. If this happens, it will affect a large number of orders and we will notify you of any delay by email. All bareroot and rootball plants are lifted when they are dormant and under the right conditions - usually this happens from late October to mid March.

If you are not home when delivery attempt is made, you can contact the delivering courier to arrange for a re-delivery with your instructions. Please be prepared to provide the consignment number when communicating with the courier. All new instructions for re delivery provided by you (the customer) to the courier will be your responsibility if items go missing or your arranged delivery times are missed. Scotplantsdirect will not be responsible for missing items upon redelivery with your (customer) instructions or delivery schedules arranged between both parties and have not been met.

Fed Ex - http://fedexuk.van.fedex.com/accounts/cardleft.aspx
Phone:  +44 (0) 01383 610180

Damage in Transit

We guarantee that every product that we ship is of the best quality and that your order will be carefully handled and shipped to make sure that you receive a good, healthy product. We put our confidence in our couriers as a whole they have done an outstanding job for us. However on rare occasions some goods shipped may experience a few of the following symptoms (relates to plants only) during their trip: minor leaf drop, drooping, minimal yellowing / discolouration, minor limb damage, etc. The unwrapping of the plants must be done with due care and attention. Plants normally recover within a few weeks after planting.

We do our best to make sure that your goods are packed and shipped in the gentlest and most effective methods possible. Plants, like all living material should be given a couple of weeks to settle into their new environment.  If your product arrives damaged please contact us at : info@scotplantsdirect.co.uk and a claim will be initiated with the courier.  You may need to retain the package(s) for a minimum of 7 days as the courier company may want to inspect the damaged product and we may ask for photographic evidence of the damage. Photographs will be of 2 quality photos, emailed to us so we an investigate the damage with the courier.  We will reship the damaged replacement product after the delivering courier has approved the damage claim. If we are currently out of stock of that item, we will gladly offer a substitute. We will not be responsible for shipping delays. We will not honour claims that are made more than 48 hours after receipt of the damaged product. We will not honour claims that have not been signed as 'unchecked' or 'damaged'.

Return and Exchange of Goods

All goods are inspected for quality and suitability before despatch and we do accept that on occasion goods may be damaged during delivery or even the wrong items are delivered. Goods (non-perishable items) may be returned and will be replaced or refunded if you contact us  within 7 days and if they are they are not what was ordered but agreement must be secured from Scotplantsdirect at info@scotplantsdirect.co.uk before any return takes place. In respect of plants which are perishable items, living or barerooted,  if you the customer order too many of or plants been a special or minimum order requirement will require a restocking fee as it is your responsibility to order the correct quantity and as these are a perishable item we reserve the right to refuse return of said plants.  Please contact us within 24 hours after receiving your goods and advise us that you wish to return them and state a reson for return. All items should be returned to Hedgehogs Nursery Ltd Crompton Road, Southfield Industrial Estate, Glenrothes, Fife  KY62SF in the original packaging. If you do not give such notice then the goods shall be deemed in all respects in accordance with the contract and the customer shall be bound to accept said goods. If the item has to be returned to us it is your responsibility to send the it back to us.

You will take reasonable care of the items while in your possession and you must not use them. Postage and packing charges for the return of these goods will be payable by you, the buyer. The charges will not be refunded by Hedgehogs Nursery Ltd.  If the items are plants which are perishable we do not have control over the type of soil they are planted in, the condition in which you keep them, the manner in which you plant them, the way in which they are planted, or the way that you tend to your plants or trees afterwards, animal damage or rough handling, incorrect pruning, unsuitable planting positions, incorrect watering regimes. The health of plants are your responsibility from delivery. If the items are sundries then the condition of said sundries returned to us by you the buyer must be in the same condition that they were sent out to you in and they must therefore be returned in saleable conditon. Any damage to the items you the buyer have returned will be deducted from the purchase price before refund. Refunds will be issued for the full purchase price of the goods if they meet the above conditons less postage and packaging.  You the buyer will be responsible for all delivery charges for replacements and we will not replace replacements.  

If there is a problem with the plants, or you are unhappy with the plants that you have received, please CONTACT US without delay and we will aim to arrange things to your satisfaction.  You also have statutory protection under the Consumer Contract Regulations.  Plants, being perishable, are excluded from parts of this legislation.  Scotplants Direct may accept returns at our discretion and only by arrangement.  Return postage is the responsibility of the customer.  Subject to plants being received back in good condition, we shall issue a prompt refund including your original delivery charge.  Mistakes can happen, and if there is a problem with your purchase, please contact us - we are not totally superhuman, as errors do happen.  Please use our Contact Us form or send an email and we will sort things out to your satisfaction. 

Our plants are grown to a high standard and we cannot offer any guarantee on plants once you have accepted them and they are in your care.  Nature sometimes has her way and we cannot be responsible for that, but we will consider any genuine complaint.  We will require photographs of the complaint as part of our investigation.  There are also times that the wrong labels are put on plants and not noticed until after it flowers, and we would hope to rectify this the best we can.  Our liability is restricted to the original price of the plant(s) and we will refund only that amount. 

On another note - what if things actually do go right?  We do hope that your purchase from us will be a rewarding one and if it is please let us and others know by leaving a comment on the review section on the product page. Thank you.

Bareroot Plants / Trees and Rootball Plants

We supply good quality, healthy plants and trees. Bareroot trees, rootballs and plants are normally lifted just prior to delivery and packed 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. If you suffer a greater than 10% loss of Bareroot plants that you purchase from us and report it to us before the end of June following planting, we will replace them with plants of the same size at the start of the next bareroot season as long as we are satisfied that they have been treated and planted properly, you will be responsible for the carriage for replacements. We will not be responsible or liable for losses due to shipment delays, planting in conditions not suitable, drought, hose pipe bans, unforseen acts of nature such as extreme heat, cold, freezes, fires, earthquakes, hurricanes, etc or planting in fill, or scrap ground, or ground unsuitable for that species, herbicides, insecticides, animal damage, or the way the product is unwrapped without due care and attention, taken outside of the UK, or any other circumstances beyond our control. As plants are a living product and we obvioulsy have no control over their care and use after leaving our nursery, we will only be responsible for losses or damage that are the result of any fault or wrong doing on our part. We will not be responsible for the cost of forwarding any item to a corrected address - this is to be borne by the customer.  We reserve the right to request a soil sample for evaluation. We also reserve the right to request that  you send 2 clear, in focus photographs (digital) to info@scotplantsdirect.co.uk as soon as you think you have a problem (one from a distance to show the planting area and one close up); a plant and soil sample. You will be responsible for the cost of carriage for the replacements. They are not themselves replacements. However provided that you contact us within 7 days of receiving a damaged plant we will be happy to arrange for a refund or replacement.  You the buyer will be responsible for the delivery charges for replacements and we will not replace replacements. 

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 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.

**In the event that you return non-perishable goods that were ordered in excess of requirements we reserve the right to charge a restocking fee of 25% of their sale price.

Bamboo Canes

Due to change of couriers the 7-8ft bamboo canes (thick and thin) will be delivered by Tuffnells which is a 3-day service.  The courier will make one delivery to premises, and if you the customer cannot be found at home, the parcel will be left safe and you will be carded without liability to Scotplantsdirect.  It is the responsibility of you the customer to notify ScotplantsDirect when ordering where you would like the canes left, and if this has not been done, then Tuffnells will leave them safe.  If the bamboo canes have to be taken back to the depot, there will be a 50% redelivery charge, payable to us before redelivery is processed.

Bamboo Canes (7-8ft) delivered to Northern Ireland will have a supplemental charge of £24.00 per consignment up to 20kg.  There will be no delivery of Bamboo Canes (7-8ft) to offshore postcodes unless a supplemental charge has been processed.  

Ownership

The CUSTOMER will assume ownership of goods once they have been successfully delivered and we have received payment in full. We supply goods on the assumption they are not for resale. We cannot accept liability for loss or damage for goods once they have been delivered in accordance with your instructions. If you have a problem with plants within the first 6 months of purchase please contact us for guidance, and preferably supply a photograph.  We have general planting instructions / guides on our website for FREE download and cannot accept responsibility for losses due to lack of aftercare including under/overwatering and adverse weather conditions, where they are planted and how they are planted.

Order Cancellations

You have the right under the Distance Selling Regulations  to cancel your order within seven (7) days of delivery. The ability to cancel goods does not apply to goods that have been used, damaged or are otherwise unsuitable for re-sale subsequent to your ownership.

You can cancel an order that you have placed with us at any time BEFORE it has been despatched. Contact us at info@scotplantsdirect.co.uk  and let us know the order number, goods or goods on order that you no longer require. You must notify us as soon as possible of a cancellation ie by 1300hrs the day of despatch. If you contact us AFTER an order has been despatched we will refund you the amount you paid for the goods (excluding postage and packing) after you have safely returned the goods to us in their original packaging. We will not cover the cost of returning the goods back to us and we reserve the right to withhold a percentage of the refunded value if the goods returned to us are damaged and need to be reduced in price for sale. You will be responsible for the care of the goods and must repack goods and return them to Hedgehogs Nursery Ltd within 7 days of delivery by notifying us first and agreeing to the return. You will be responsible for the return carriage. The goods must be returned in good condition as when they were despatched. If they are plants, the health of the plants is your sole responsibility after delivery after which we will issue a refund. We suggest that you send items via recorded delivery as until we receive the goods they are your responsibility. We will not pay for postage for cancelled orders

Disclaimers and Limitation of Liability

All terms, conditions, warranties and representations (whether implied or made expressly) whether by Hedgehogs Nursery Ltd  its servants or agents or otherwise relating to the information and materials (including but not limited to, implied warranties or representations, accuracy, availability, satisfactory quality, or fitness for a particular purpose) contained in this site are excluded to the fullest extent permitted by law. Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods. Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.

Intellectual Property

All copyright, trade marks and other intellectual property rights in this website and any service marks, trade names and brands included in that material belongs to Hedgehogs Nursery ltd or its subsidiaries or affiliated companies and or third-party licensors. You may make one download or take one copy of the content and other down-loadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited without our permission.  Photographs cannot be downloded or copied without our permission.  All photographs are for illustration only and reflect as best they can the item they depict.  

Website

We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavors to correct errors and omissions as quickly as practicable after becoming aware or being notified of these. All drawings, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of the goods. We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or the entire website without notice or liability.  We accept no responsibility for the content accuracy of any websites linked to this website.

General

We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected. Scottish law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the Scottish courts. The headings in this Agreement are for convenience only and will not affect their interpretation.

Questions and Further Information

If you require further information please email us or phone us on 01592 772274 from 09.30-16.00hrs Monday - Friday

ScotPlantsDirect is the trading domain name of Hedgehogs Nursery Ltd.


Contact Details

Hedgehogs Nursery, Ltd
Crompton Road,
Southfield Inds Estate,
Glenrothes,
Fife
KY6 2SF

Phone: 01592 772274

Fax: 01592 775823