Terms & Conditions: Applicable for all website and telephone orders.
All orders, in whatever terms, are subject to the following terms and conditions which no person (save for any member of the board of directors of Rotherhill Nurseries agreeing in writing) in the employment of or acting in any way as an agent of Rotherhill Nurseries, purporting to do so or third party supplier, or any customer (with or without previous dealings with Rotherhill Nurseries or any third party suppliers) has the power to vary.
The placing of an order is conclusive evidence before any court of law or arbitrator that these terms apply. The acceptance by Rotherhill Nurseries of any order for goods or services shall constitute a intention to sell the goods or services via an agreed upon third party suppler and not be a sale of them and no title to the goods or completed works or services by an agreed upon third party supplier shall pass to the intending purchaser by reason of delivery, completion of works or service by an agreed upon third party supplier, or acceptance of the same.
We reserve the rights to alter or amend these terms and conditions at any time. Unless you can provide a copy of the terms and conditions as at the date of purchase you will be bound by the latest version of this document. We recommend you print a copy of this
Document Last Amendment: 14th July 2021
In Relation to Website Purchases: Purchasing, Pricing and availability.
Gift Voucher Delivery
We do not offer a gift certificate delivery system other than the automatic email sent once certificate has been paid for. Once you have purchased a gift certificate the certificate will be automatically sent by email to the requested email address, we have no power to alter the dispatch date upon request. If needed on a specific date we suggest for the purchaser to have the gift certificate emailed to their own personal address for you to then send on at the appropriate date.
Please ensure all details are correct before confirming payment.
Placing an Order
Please place an order via out website or telephone. Products can be viewed in person before purchase, however when purchased on site alternative Terms and Conditions apply.
Availability of Products
Availability of plants and the way they look is usually seasonal. Stock is the same price and quality on our Nurseries site as our website. This combined with the nature of plants means that we cannot always provide an accurate stock level and may result on occasionally plants being out of stock at time of purchase. We will always inform you as soon as possible if plants are out of stock or not yet ready for sale and offer refund or alternative where applicable.
You must provide us with an accurate and valid email address and telephone number as all issues with your order will be dealt with first by telephone and second via email. We will try both (if given) twice, if we do not receive an answer we will automatically refund the full amount 21 days after date of purchase.
You will be given the option of either waiting until the goods are in stock (usually within 30 days unless not available seasonally), choosing goods of an equivalent price and quality or cancelling your order and obtaining a full refund (if we have already taken payment).
If your order consists of multiple plants and we have not received a response within 21 days we will send items available at the date of 21 days post order and dispatch what is available, refunding the unavailable stock. If the plants that are available are smaller than those requested, we will refund the difference upon dispatch.
We retain the right to reject an order if for example the goods are out of stock with little chance of us being able to fulfil your order, if the price described is incorrect at the time of order (in which case we will ask you to confirm the revised price or description is acceptable to you), if we are not able to deliver to the delivery address you have given or if payment for the transaction has not been satisfactorily completed within 14 days.
Pricing and Labelling
It is unlikely you will receive a plant with a different price label to what you have paid online. If this does happen please feel free to contact. There may be a valid reason for price differences, for instance if we have potted up a plant making it more expensive, and larger than. The original product. We promise our website prices have been and will continue to be the same if not occasionally better (due to online promotions or deals) as to the prices available on our nurseries site.
We always try to amend the labels when prices have been changed but due to the volume of plants we deal with we inevitably miss the odd one. 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. We will contact you appropriately at this point.
We always try to send out plants with labels due to correct plant passporting procedures. In the rare occasion that plants arrive without labels and you need help in identifying the plants, please photograph those without labels and email them to us where will provide you with relevant passporting information. Please space the plants out enough that they can clearly be seen individually.
Appearance, Description & 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. We endeavour to have multiple photos of every plant at varying stages throughout the growing season to give you an idea of how your plant will arrive. 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. We may not have stocks of all varieties in all pot sizes and therefore reserve the right to supply a suitable size alternative and refund the price accordingly.
The performance of plants varies such that the same plant can grow bigger, smaller, more or less floriferous depending on warmer or cooler positions, soil type, pot size, amount of water/rain and many many other environmental aspects. Photographs, illustrations and descriptions including the size of plants and the flowering season therefore, are given as a guide only.
Any plant sizes given are an approximate value, where a height range has been given then the plants we supply can be anywhere within that range usually dependant on the time of year.
We pot on our shrubs in August where they root through in our cold glasshouse before being moved outside in January. Plants ordered January onwards may not be fully rooted in their pots or as tall as later season plants will be. Despite being in a glasshouse they are fully hard against frosts and are not drawn due to being overheated.
If you are in any doubt about the current size or appearance of any plants then we would advise that you contact us to request the relevant information and request a photograph of our actual stock before ordering or visit our Nurseries to view.
We try where possible to pot ur plants in recyclable Taupe pots or biodegradable rice husk pots. Occasionally we are requires to use black plastic pots or air pots to promote root growth (Our larger hedging and trees). We class these as external packaging and as such they do not form part of the product. While we always take great care packing your plants on rare occasions pots crack in transit, in these circumstances we will not make any refund or replacement based solely on a damaged pot.
Payment
All payments are due at the time of order. Any payment taken for goods not in stock will be held awaiting delivery unless you instruct us to cancel your order or request a refund or alternative product. We will always endeavour to contact you regarding payment but we reserve the right to cancel any order where payment has not been made within 7 days of the date of ordering. We will not hold plants longer than this period due to the perishable nature of plants and volume of orders.
You must ensure that you provide the correct payment details to us so that we may ensure payment. If not, your request will not be completed and will not constitute an order.
Understandably, we cannot be held responsible if for whatever reason, you failed to pay at the time your order was placed. We will take great care of your payment details but cannot be held responsible should a third party gain unauthorised access to any data unless due to our negligence.
Payment details you provide will be encrypted using secure sockets layer (SSL) technology before they are submitted to us over the internet. Payments made on the Site are made through our payment gateway provider. You will be providing credit or debit card information directly to the recognised provider which operates a secure server to process payment details, encrypting your credit/debit card information and authorising payment. Information which you supply to the recognised supplier is subject to their own privacy policy and terms and conditions which can viewed here. Or for paypal here.
No payment details are held by us, we can refund to the account you paid with if your order was paid for online with a debit or credit card. If you paid by card over the telephone then we will need your card number and expiry data again to process your refund, we recommend you call us to provide us with these details. In accordance with keeping your data safe do not send them via email.
We accept BACS payments only for payments over £500. Please contact us for details.
In Relation to Website Purchases. Delivery via Third Party Suppliers.
Delivery
Please be aware we only ship plants on a TUESDAY for delivery on a THURSDAY to ensure quality of plants. Plants ordered after 9am Tuesday morning will be shipped the following week.
We will deliver goods to the address you provide but we will check the address and those that are registered to it if you ask us to deliver to an address where you are not registered yourself. If we find a problem with the address when checking we will contact you by twice by telephone and email. If we do not receive a suitable reply from you we hold the right to refund your payment and cancel the order after 14 days. We will not deliver to any address that you or the person given at that address are not registered to or to companies not listed at the address given or construction sites unless payment has been previously cleared by electronic transfer. As the customer you have to ensure you will have a suitable person to receive delivery on the day arranged with the courier.
It is critical that you provide an accurate delivery address and that the goods can actually be delivered to that address.
Where a specific date for delivery is requested by you and agreed by us we will always try our upmost to deliver on the date given but dates and guide times are at best estimates only provided for guidance and we cannot take responsibility for any loss whatsoever incurred by you for delivery guidance given that is outside our reasonable control.
We do not currently offer any special delivery options.
Any subsequent refund for postage will be done at our standard rate, we will not refund for any additional delivery costs. We cannot be held liable for any loss whatsoever incurred for failure to meet any timed delivery service that is beyond our control.
If you are likely to be out when we deliver please give clear instructions where you would like the goods to be left but please note: we will not accept any liability for loss or damage whatsoever for goods once they have been delivered in your absence according to your delivery instructions or, if you fail to provide us with the ability to deliver (by for instance not allowing the goods to be left for you by not being in when they are delivered). If you fail to take delivery, we reserve the right to charge you the full cost of re-delivery.
If prior to delivery you contact the courier directly to re-arrange delivery beyond the original expected delivery date we cannot accept responsibility for the condition of the plants if they have not been delivered to you within 72 hours of dispatch.
Highland & Island Delivery
We will deliver to as much of the UK as our courier will allow. If you usually have problems, please contact us and we will try to help.
We will not be delivering to anywhere needing extra plant passporting.
We do to deliver to the Channel Islands, Northern Ireland or the Republic of Ireland.
We do not offer international delivery.
In Relation to Website Purchases. Returns, Cancelations and Order Issues.
Returning Goods
Please do not return goods to us before we have requested you do so. Our returns procedure is designed to give the best possible outcome for all parties involved.
We will not accept liability for the cost of items returned by you to us that we have not requested and agreed on in writing.
Where necessary will make arrangement for the safe return of goods via our couriers, preferably return goods in their original packaging. We hold the right to charge you the cost of returning the item where necessary.
Where we are meeting the cost of a return the return must be done via our appointed courier. If you are returning goods to us and you are liable for the return costs then you can choose your own courier at your own risk, we will not be liable for any damage or loss caused by your chosen courier. We can appoint our own courier to collect the goods on your behalf, this cost will be deducted from any refunds owed and can be confirmed before collection.
Cancellations
You may cancel your order at any time prior to dispatch. Once your order has been dispatched it may not be possible for us to stop it from being delivered.
You have the right to cancel your order for 14 days following the receipt of your order for sundries, bulbs, tools and composts. You will be entitled to a full refund including the original shipping cost however the cost of return shipping is at your expense.
We do not accept cancelations, returns or refunds for live plants due to their perishable nature unless agreed upon prior to initial delivery and are returned in the same condition to which they were dispatched. We take photo’s of every order before despatch to ensure proof of condition. We hold the right to decline any refunds due to poor condition upon return.
Goods should be returned to us within 14 days of us receiving your cancellation notice. Where possible please return the goods in the packaging it was sent in or ensure the item(s) are well packaged guarding against damage, we can arrange for our courier to collect the goods but the cost of this will be deducted from any refund.
You must take care of the goods whilst they are in your possession and, if you are returning them, you should take reasonable care to ensure that we receive them in a resalable condition and that they are not damaged in transit.
If goods are for any reason are not returned in a resalable condition we hold the right to charge you for any costs incurred.
Refunds will be processed within 14 days of us receiving the returned goods in a satisfactory condition. Where you opt to return the goods via your own courier we recommend using a 24 hour service. Please note it can take up to 21 days before a refund will appear on your statement once it has been processed by us.
Incorrect/Missing Goods
If you believe any of the items you have received to be incorrect then 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 enquiries@rotherhill.co.uk. Where a genuine error has been made we will arrange for our courier to collect them from you (preferably in their original packaging) and we will issue a full refund for the goods, or offer a replacement by return or dispatch the missing goods immediately or offer a refund.
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 as well as a 10% (of the plants value) restocking fee. We will always do our utmost to resolve any issue so always contact us where we can offer help and assistance. We highly recommend sending us photographs prior to making any returns.
With some plants it is very difficult to tell which variety they are without foliage or flowers, we supply all plant on good faith that they are labelled correctly. If you discover that a plant you have purchased from us has flowered and is not the plant you ordered then please contact us as soon as possible after making the discovery and where possible supply photographic evidence of the error. Where possible we will replace (subject to stock) or refund for the incorrectly supplied plant. Where stock levels are insufficient or where the cost of sending out a single item is uneconomically disproportionate to the item cost we reserve the right to issue a refund rather than replacement. We understand that when this type of error occurs it can be disappointing however we will not be held liable for any loss caused whatsoever as a result.
Complaints/Damaged Goods
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 telephone 01730 813687 or email enquiries@rotherhill.co.uk. Where telephoning please also confirm your complaint in writing within 7 days; this can be via email enquiries@rotherhill.co.uk or via post to the address below quoting your order reference. 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 the 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, 9am to 4.30pm) and to provide you with a suitable resolution in a reasonable and timely manner.
Non-delivery of Goods
Upon dispatch we will send you an automated dispatch notice to let you know when your order will be delivered. In the case of live plant orders we use a 24 hour service so your order will arrive the following day. You must inform us within 24 hours of the quoted delivery date either by email or telephone so we can contact the courier and locate your parcel(s). Failure to notify us could lead to the plants perishing and we are unable to accept liability if we are not informed within this time period. Occasionally we get a bounce back notification that an email has not been delivered in which case we will attempt to notify you by telephone, leaving a message where possible should we not be able to speak to you.
We aim to dispatch all orders within 7-10 working days of receiving them so if you have not received your order after 10 days from the order date please let us know the following day so we can track down your parcel if necessary. Due to the nature of dispatching 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.
If you have ordered over the telephone and not supplied an email address or been given a specific delivery date then please call us if your order hasn't arrived by the 10th day following the date you ordered.
In Relation to Website Purchases: Customer Services.
Contact
Our team is available Monday - Saturday 9am to 4.30pm;
Telephone: 01730 813687
Email: enquiries@rotherhill.co.uk
If you would prefer to contact us in writing please send your letter to our Web Sales Manager:
Web Sales Manager,
Rotherhill Nurseries,
School Lane,
Stedham,
Midhurst,
West Sussex
GU29 0PA
Please remember to quote your order number in any correspondence and have it to hand if you are telephoning.
Our Quality & Price Guarantee
We will always offer the same quality and price on our website and on our Nurseries. It's for this reason that we offer a 12 month guarantee on every plant that you buy from us that we have classified as Fully Hardy. If a plant you've bought from us fails in the first year, we will either replace* it or refund you** pending the following conditions:
- You care for the plant correctly and follow all of the guidelines included in our care instructions (supplied with every plant you buy from us). In particular, plants will not be replaced due to lack of watering or lack of horticultural care or if cats or dogs or other animals have been allowed to fowl the soil around the plant or children or adults cause damage accidentally or otherwise.
- That temperatures, at any time during the 12 months guarantee period, have not dropped below the hardiness range of the plant. The Royal Horticultural Society classification is interpreted as follows: Fully hardy: can withstand temperatures down to -15°C (5°F)
If you think a plant you've bought from us has failed within the first 12 months through the failure of the plant, please perform a ‘Scratch Test’ by carefully scratching off some bark from a branch and the main stem. If the plant is still green under the bark the likelihood of survival is good. If it is brown in both locations then it will probably not survive, in this case please email a photograph of the plant in question along with your order number to enquiries@rotherhill.co.uk
*Additional shipping costs apply, see our UK Wide Deliveries page for currant prices.
** Refunds are for the full cost of the plant only and will not include original shipping costs. Bulbs are not included in this guarantee. This guarantee is in addition to your statutory rights.