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Hello and Welcome to the bit called Terms and Conditions

These are the Terms and Conditions of business for Grafton Nursery and our website hardy eucalyptus.com.  If you do not find what you are looking for in this section or the details of something are not clear, do get in touch.


The following standard business terms and conditions are unfortunately necessary in a modern world, but not intended in anyway way to be a 'sledge hammer to crack a nut' or to impede your enjoyment or use of our website

These terms and conditions supersede all previous terms and conditions and associated agreements. 

We want you to be delighted with the quality of the plants and service you receive from us. We always endeavour to send out the happiest and healthiest of plants and we are always pleased to talk to our customers.

If, for any reason, you are not happy with any aspect of your interaction with Grafton Nursery, please email me, Hilary Collins at office@grafton-nursery.co.uk or

you can write to me at Grafton Nursery, Grafton Flyford, Worcester WR7 4PW or 

contact me by telephone on 0751 526 1511 and we will do our utmost to resolve the issue amicably.

Cookies: 

Cookies are used on this shopping site to keep track of the contents of your shopping cart.  You can turn off cookies within your browser by going to 'Tools | Internet Options | Privacy' and selecting to block cookies. If you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies.

Information collected by this site is only used to:

  1. take and fulfil customer orders.
  2. administer and enhance the site and service.
  3. track customer page visits via google analytics, to improve our website service.
  4. only disclose information to third-parties for goods delivery purposes.

Privacy Policy:

please click on this link to view our privacy policy and what details we hold on you 

Copyright:  

Grafton Nursery retains the copyright and IP rights (where applicable) over the entirety of this website, including the images, but excluding those images where the copyright has been clearly assigned to the originator.

Horticultural Trade, Wholesale and Woodland Customers

- we welcome enquiries from you and are happy to discuss your requirements directly.  Please get in touch by email at office:grafton-nursery.co.uk or telephone 0751 526 1511

Single Purchases and Retail Customers

  1. please use our on-line shop to process your order. 

  2. if you do not have computer facilities or do not wish to place your order on-line, see 'Placing an Order' below for other ways of ordering plants from Grafton Nursery

  3. websites often have a mind of their own and are subject to the occasional glitch in the matrix; if you encounter any difficulties do please get in touch either by email at office@grafton-nursery.co.uk or telephone 0751 526 1511

Please read the following Terms and Conditions of Business 

If anything is unclear, do get in touch with us.  In placing of an order with us, you are agreeing that you understand and agree to abide by these Terms and Conditions of Business.

Reserving Stock: 

We are sorry, but we can only reserve stock for a maximum period of 24 hours and only ever at our sole discretion.  If you wish to reserve a plant, but need  to consult a third party about the purchase, for whatever reason, we can only reserve it for you for that limited time period. By reserving a plant for you over a longer time period and you then decide not to proceed with the purchase, we run the risk of losing a sale to somebody else.

Placing an order 

 We prefer you to place your order through our on-line shop, this allows both you and us to track your order and ensures that all your order requirements and shipping details are documented and met. 

We advise you to group your items in one order. We cannot group two distinct orders placed separately, and shipping fees will apply to each of them.

By Post:  If you do not have computer facilities or would prefer to send your order by post, you can write to us at Grafton Nursery, Grafton Flyford, Worcester WR7 4PW or  you can contact us by telephone on 0751 526 1511 or letter with your request. We will then send out an order form for your completion or your order confirmation, which ever you feel is appropriate.

To use the on-line shop you will need to create an account.  You can do this by clicking on the 'login' button; to be found in the top right-hand corner of every page in the shop OR you can add items to your shopping cart and proceed to the 'checkout', where you will be given the opportunity to open a new account. This is an account to handle your specific order, not a credit account.
When you return to our website in future, you can start shopping immediately and login as a returning customer, using your email address and password, through the 'Login' button or the 'shopping cart'.

If things go horribly wrong: Do not despair or give up!  If you make a mistake, when placing your on-line order in our shop or entering data or it all goes horribly wrong, during any part of the ordering process.  Just send us an email and we will sort it out at our end.

Making it easy for the courier to find your address:

  1. If your designated delivery address is especially difficult for a driver to find, please provide us with good directions (at the time of placing your order) to assist the courier in finding you easily. This could avoid the inconvenience and disappointment of a missed delivery.
  2. Please include a mobile telephone number so the courier can confirm delivery details with you, if necessary.
  3. If you have a safe and secure place, where you are happy for the courier to leave your parcel (should you be out at the time of delivery), please supply details. For example: it could be 'by your back door', 'with a neighbour' (e.g Mrs Smith at number 27) or  'in your shed down the side of the house'.

Telephone orders: We prefer not to confirm or process orders over the telephone as we feel this can lead to inaccuracies, but you can always contact us directly  by telephone on 0751 526 1511,  to discuss your order and we can then send you an order confirmation by  email or by post. 

Special Orders and Requests:  

If you have a specialist order, which requires information not found on our website or particular delivery details, we can process your order via email with you and we will then put the order manually on to our shop for a secure record

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It may seem a little odd, but Grafton Nursery reserves the right to refuse any order placed by a potential customer, without giving an explanation or reason.

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Payment

Credit and Debit Cards: we are in the process of navigating the tricky road of being able to accept credit and debit cards. This facility will be available on our new website, being launched at the end of February

PayPal: You can also pay us with PayPal through our secure payment gateway. You can use PayPal as a registered account holder or as an unregistered PayPal guest

Direct Bank Transfer: if you would rather pay us directly into the Grafton Nursery Bank account, you can contact us by email or telephone and I will send you a pro-forma invoice, which will carry our bank details.

Cheque: please make your cheque payable to Grafton Nursery and send it with your full order details to  Grafton Nursery, Grafton Flyford, Worcester WR7 4PW

Your order will be dispatched once the cheque has cleared in the nursery bank account.

Third party cheques are not accepted.

Grafton Nursery Gift Vouchers or Promotional Codes:  if you have a Grafton Nursery gift voucher or are using a promotional code for a special offer

  1. please fill your on-line shopping basket with your order  
  2. then click on the shopping cart icon next to the checkout icon. 
  3. you will then be able to enter the relevant code number to use your voucher.  
  4. please note that gift vouchers and promotional vouchers have a non-redeemable cash value.

In each case, cleared funds must be present in our bank account 

prior to goods being dispatched.

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Grafton Nursery is not currently registered for VAT and therefore VAT is not payable or reclaimable on our sales.

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Processing your order

We always pick out the happiest and healthiest plants for dispatch. Your tree will be one of many grown and will not look identical to the image of that size and/or species you have viewed in our shop. The photographs of stock are representative images. Young trees are like children; within any age group they are variable in shape and size, but all of them are delightful!

Your tree may have been pruned:   We prune our stock. Eucalyptus are mad about producing a great deal of top growth and sometimes forget about their roots.  For this reason we nip out shoot tips and often the growing tip to slow them down (it removes growth hormones, which are held in the shoot tips). This makes them concentrate on building up their roots, strengthening their trunk and becoming more bushy up top. 

Young Eucalyptus have particularly soft foliage and stems. Any minor damage sustained in transit should be pruned off and new shoots will soon regrow.

Timing to dispatch: We aim to send out your order the week after we receive cleared funds in our bank account and certainly with in 14 working days of receipt, unless you have arranged otherwise. If for any reason this is not possible, or we anticipate a delay in your order being ready for dispatch, we will contact you and advise you when you will receive your order. If this is not acceptable to you, we will offer you the option of a refund.

Ordering on line: you will receive an email when your order is being processed and advised of when your order is in transit. 

Order by post: we will telephone to let you know when your parcel is being dispatched.

 

Packaging: All plants are dispatched in sturdy, purpose-made cardboard boxes. Pots are put in bio-degradable plastic bags to prevent leaking and if the plant is tall, it is secured to a bamboo cane to prevent it from flapping around.

If you have a large order of 50 plants or more, this may be shipped on a pallet.

Sometimes we will make a timber crate for them to travel in, if required.

Collecting from the Nursery:  

we are more than happy for customers to collect trees from our nursery dispatch area (which happens to be in our car park!). After all, this saves you the cost of shipping.

Please be aware that our nursery is a commercial production nursery and not open to the general public or cold callers.   Collections need to be booked in for a specified date and time, to ensure that somebody is available to meet you and hand over your order.

To make an appointment please call us on 0751 526 1511

Shipping

The cost of shipping your order applies delivery to one address only. If you place an order for goods to be delivered to two or more addresses, the cost of shipping will increase accordingly.

To postal addresses with in mainland UK, excluding Highlands and Islands:- We charge a flat rate haulage fee of £10.00 per order from 1 litre up to 5 litre pot sizes for plants less than 1.8m tall overall.  

The more you order, the more economical it is for you (the customer), because Grafton Nursery is subsidising the cost of haulage.    (For shipping costs for larger specimen trees, see below.)

To postal addresses of the UK designated as Highland and Islands, including Northern Ireland, Channel Isles, Isle of Man, Isle of Wight. We charge a flat rate haulage fee of £20.00 per order from 1 litre up to 5 litre pot sizes for plants less than 1.8m tall overall.  The more you order, the more economical it is for you (the customer), because Grafton Nursery is subsidising the cost of haulage. (For shipping costs for larger specimen trees, see below.)
Overseas Orders within the EU: we are more than happy to ship to postal addresses within the EU.        

So far we have successfully shipped orders to Ireland, Isle of Man, Isle of Wight, Channel Islands, France, Germany, Hungary, Czech Republic, Sweden, Italy, Belgium, Portugal and Spain.

Shipping costs are quoted on an individual basis to countries in the EU.  Because couriers are constantly moving the goal posts with their pricing, we will always obtain a quote for shipping to these locations on an individual basis. The courier cost is handed directly on to the customer at cost. Call us on 0751 5261511 or email us at office@grafton-nursery.co.uk to ask about shipping costs.
Overseas Orders outside of the EU we are sorry, but we do not ship outside of the EU. The phytosanitary laws of many countries are complex and often prohibitive, but we do endeavour to put customers in touch with nurseries who may be able to help them, within their own country.

 

Would you like a large specimen tree?  Allow us to obtain a shipping quote for you:

Shipping costs vary greatly across the country and to destinations overseas and depending on the size and shape of the consignment.

If you are interested in a specimen tree in a 9 litre pot or larger, we will 

  1. obtain the best available quote for you from a reputable courier or 
  2. deliver the tree order with our own transport for which we will give you a quote or 
  3. you can collect the tree order from our nursery by appointment.

Contact us by telephone on 0751 526 1511 or email us at office@grafton-nursery.co.uk

Dispatch

  1. We dispatch all year round except under severe weather conditions, such as several inches of snow or when the temperatures are consistently below freezing or there is severe flooding,  but we will advise you at the time. 
  2. We are a very small team at the nursery and so we do not dispatch on the weeks when we are exhibiting at shows - please see our events calendar.
  3. We normaly pick plants and package them for dispatch on Monday, Tuesday and Wednesday, but at busy times this may be any day of the week.
  4. Plants are sent to you by 24 hour courier service, but sometimes they get held up and so will deliver the next working day. Plants should be no more that 48 hours in transit, except over weekends when they may take a couple of days longer - the plants can cope with this.
  5. We only use reputable couriers and select the best delivery company for your size of order.
  6. You agree that proof of delivery supplied by our delivery company or courier service is sufficient evidence to establish that goods have been delivered to your appointed destination.


If you require an urgent delivery or a delivery on Saturday, please contact us either by telephone or email. The cost of additional haulage will be calculated and charged at cost.

Hugely Important: 

  1. please open your parcel immediately upon receipt and check the contents to ensure all is in order.    
  2. Give your plants a drink (soak them in a bucket of water) and place them somewhere very light and sheltered from the wind.
  3. Read the care leaflet attached in the clear polythene envelope on the front of the parcel.
  4. Finally, it is always good to hear from customers and we do like you to send us an email to let us know your order has arrived safely.

Guarantee 

  1. We want you order with confidence and to be happy with your purchases from Grafton Nursery.
  2. Full care instructions are included with every order to assist you with establishing your plants successfully.
  3. If you are dissatisfied with your purchase, please contact us straight away, to give us the best opportunity to resolve any issues.
  4. Should the plants arrive in an unacceptable poor condition, do not hesitate; contact us immediately, by email or telephone. Plants are perishable items; they suffer when not cared for, especially in hot weather. 
  5. If there is something wrong with your order or where an item is to be returned and the customer is not at fault, we may request the item(s) to be returned. Postage reimbursement is limited to £10.00 in respect of the returned parcel. However please contact us to arrange a suitable solution first.
  6. Under the Sale of Goods Act 1979, we will always offer a refund, exchange, credit note where goods are not of satisfactory quality, fit for their purpose or have been described incorrectly.
  7. However, please understand that we cannot replace a plant that has died after a 4 week time period has lapsed following dispatch, nor one which is beyond our control and has been underwatered, overwatered, been affected by pests or diseases acquired in your garden, subjected to mechanical damage (e.g. person with strimmer) or vermin/wildlife, sprayed with herbicide or suffered from extreme weather.

Having said all of that: If you have a cause for concern,contact us on 0751 5261511

Ownership and Risk

All plants and goods as displayed on the Grafton Nursery website, belong to Grafton Nursery until such time as they are paid for in full and your order has been acknowledged by us to you via email, telephone or letter.  

On occasion, when plants are available only in small numbers, the webshop stock may not be up to date and a tree may be temporarily unavailable. In this circumstance, we will offer you the option of an alternative pot size of the same species, and alternative species of the size your have ordered or a full refund. 

At Grafton Nursery, we take great care in packing your order and ensuring that it spends as short a time as possible on its journey to you from us.  Once your order has been delivered to your designated delivery address and left either with you, your appointed representative or left in the safe place you instructed at the time of ordering, legal ownership of the goods and/or plants is transferred to you (including risk of loss and damage); at this point, Grafton Nursery cannot accept liability for their safety or well-being, unless we or our couriers have been negligent.  

We accept no liability for loss or damage to plants after they have been left in the safe place you designated.

Damaged Parcels and Missing in Transit

  1. We will either send you an email or contact you by telephone (if you do not have email facility) to advise you that your parcel is in transit and of when to expect delivery.
  2. Goods are dispatched on a 'next day delivery' basis, but sometimes the courier is delayed by the vagaries of bad traffic and/or bad weather and consequently over-runs on time. Your parcel will be delivered the next day. Please allow them 48 hours to deliver your parcel.
  3. We ask that customers notify us within two working days of a missing consignment, any shortages or damages to their deliveries. Any notification's after this time cannot be dealt with, as insufficient time will be afforded to us to investigate the claim. 
  4. Where parcels are delivered by courier, if the outer packaging is visibly damaged, the customer is requested to sign for the goods stating that the parcel was damaged. This will not affect customers statutory rights to a reasonable opportunity to examine the goods contained. If the customer notices damage upon delivery, they should where possible, write this on the delivery sheet.
  5. Investigation of missing or delayed parcels will be pursued through normal channels, before compensation is considered. We aim to resolve postal issues as quickly as possible.

Grafton Nursery Cancellation Policy

  1. If you have ordered plants or goods through our on-line shop and paid for them, you may cancel them up to the point of their being dispatched, by contacting us either by telephone on 0751 526 1511  or  by email to office@grafton-nursery.co.uk and we will  cancel your order and issue you with a full refund.
  2. Cancellation may be tricky once your order has entered the dispatch phase and been handed to the courier.
  3. If you have booked plants to be grown to order specifically for you or your organisation and you subsequently cancel the order, the deposit you paid at the time of ordering will be forfeit, in its entirety without recourse; there will be no refund. Please also refer to the 'Growing to Order' Pre-booking terms and conditions of business you will have received at the time of placing this special order.

Grafton Nursery Returns Policy

  1. If you have a concern, no matter what it is:                                                                                                       call us on the telephone: 0751 526 1511 
  2. If we are busy and cannot answer immediately, leave a message and we will return your call at our next opportunity.
  3. We will always send you our happiest and healthiest plants, correctly labelled and true to type. If you feel that, for any reason, the plants we have sent to you do not meet with this high standard and you wish to return the order, please contact us within seven days of receipt of your order and we will (without quibble) refund the cost of the plants rejected or send you replacements (provided they are available), at our discretion.  To find out what has gone wrong with your original order, we may ask you to send us photographs of the plant(s) or ask you to return the problem plants to us. Under these circumstances, we will also refund you with the cost of the return postage.  Postage reimbursement is limited to £10.00 in respect of the returned parcel.
  4. If there is a problem with the order you receive (such as incorrectly labelled, incorrectly described or poor quality) and you fail to notify us that your plants are not in good condition, within seven days of receipt, we reserve the right to refuse compensation or to replace plants. Notification should be either in the form of a telephone call or email.  By their very nature, plants are perishable and once they are in your possession, we no longer have any control over their care or treatment.  By placing an order with Grafton Nursery, you agree to accept responsibility for the care of the plants once they have been delivered into your possession.
  5. If you change your mind after you have received a perfectly healthy plant or goods and decide that you no longer want to keep them, you can contact us within seven days of receipt, by telephone or email and ask to return them to Grafton Nursery and ask for a refund.  The cost of returning the item(s) and the risk of the item(s) being lost or damaged in transit when returning must be borne by the customer and the goods must be returned in a saleable condition. It is advisable that the customer obtains insurance to protect the returning parcel; enough to cover the full value should anything go wrong during transit.   We reserve the right to refuse such a request to return the items.  However, we want all of our customers to be happy with their purchases from us and will do our very best to ensure this continues.

Grafton Nursery Refunds Policy

If you have a valid claim and are entitled to a refund, we will repay the agreed amount to you within 28 calendar days, from the date we receive your claim.  

Refunds are payable when 

  1. we have supplied a plant that does not meet with the high standards we always strive to achieve and you have informed us of this within seven days of receiving your order.
  2. we, at our discretion, have agreed to take back plants from you and we agree that they have been returned in an acceptable condition
  3. a plant, which you have ordered through our on-line shop is, for whatever reason, unavailable.

Liability

Accuracy of Data displayed on our website. Information on this website has been gathered over many years from research documents, books, information already freely available on the web and also based on our own growing experiences. The cultural and species information is offered only as a general guide, all heights and measurements are approximate.

It also needs to be borne in mind that plant growth and vigour can be influenced by your garden conditions and environmental factors.

To the best of our belief, we think this data is accurate and correct; it is supplied with the best of intentions to assist plant enthusiasts to make informed decisions and to help them grow the plants in optimal conditions.  However, it is intended as a helpful guide only and we strongly recommend that customers carry out their own research, if they are about to invest in plant material with a specific purpose or project in mind.  

Grafton Nursery cannot guarantee that the information contained within this site is 100 % accurate and will not accept any liability for decisions taken by customers nor consequences arising therefrom, based on the information provided in this website.  

Further; we will ensure speedy correction of any errors and/or omissions after having been notified of such. Grafton Nursery will only be held liable for direct loss up to a maximum value amounting to the total price paid by a customer in respect of any claim.

Hedge Law. If a customer requests and purchases evergreen or semi-evergreen material with which to grow a hedge/screen, which ultimately leads to contravention of the 'Hedging Law' (Anti-Social Behaviour Act 2003: Part 8 in 2005), Grafton Nursery is in no way liable for any resulting fines or enforcement action should a problem arise between the customer and the third party claimant.
Plants. We believe all are plants to be true to name, but in the event of an error on our part, our liability to pay charges or compensate shall not exceed a refund of the price originally paid by the customer.
In general. Grafton Nursery, encompassing everyone and everything that this entails (including the website hardy-eucalyptus.com), state that our liability, however arising and including liability for negligence, as well as all liability under the express and implied terms of any contract with the customer,  is absolutely restricted to replacement, or refund of the plants as sold and delivered to the customer.
We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms for:

  • (i) any economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
  • (ii) loss of goodwill or reputation; or
  • (iii) special or indirect losses suffered or incurred arising out of or in connection with the provisions of any matter under these terms, even if we are made aware before the time of your order of any circumstances that might give rise to such loss.

To the fullest extent permitted under applicable law, any indemnities or warranties (whether express or implied) are hereby excluded.
Rights of third parties: these terms and conditions of business do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).

Changes to this Website, Errors and Omissions:  

We endeavour to ensure that all information on this site is thoroughly researched and as accurate as possible.     However, just occasionally, an error may occur.    If we discover an error or one is brought to our notice, we will correct it immediately. If the error pertains to a price of plant description that you have on order, we may cancel your order at any time up to the point we send you the product(s) (even if you have received your Order Confirmation email).    If we do cancel your order, you will receive a full refund of any costs already paid.

Grafton Nursery reserves the right to change website content, prices and these terms and conditions at any time and without notice. Any alterations or changes to this website will take immediate effect when posted on this website. 

All customers are advised to read through our terms and conditions whenever they use our website. When any person uses and continues to use the Grafton Nursery website, for whatever reason and in addition, places an order for plants or goods, it  is understood that they accept and agree to abide by our latest terms and conditions

Force Majeure: Where, in spite of its reasonable efforts, Grafton Nursery is unable to perform an obligation due to circumstances beyond its reasonable control, it shall not be deemed to be in breach of its contract with the customer.

Governing law: These terms and conditions of business will be governed only by English law and any disputes will be resolved exclusively by the English Courts.

These terms and conditions do not affect or infringe your Statutory Rights in any way.

These terms and conditions were last reviewed February 10th 2014

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Privacy Policy

Grafton Nursery and hardy-eucalyptus.com take the subject of our website visitor's and customer's privacy and confidentiality very seriously. All postal, email and telephone communications are completely confidential, between you and us.
Grafton nursery does not sell, rent or otherwise distribute email addresses or any other personal information, including postal addresses and telephone numbers to any other third party for the purposes of advertising, spam or similar marketing purposes.
Information collected on our website is used only for the purposes of 

  1. Collating, processing and completing customer orders
  2. To administer and improve the Grafton Nursery website and our nursery's service to visitors and customers
  3. Tracking visitor page visits via google analytics, to improve our website service.
  4. Instructing delivery companies and couriers for the purpose of delivering orders

Cookies:  

  1. Cookies are used on this shopping site to keep track of the contents of your shopping cart. 
  2. You can accept or decline cookies on your computer.
  3. You can turn off cookies within your browser by going to 'Tools | Internet Options | Privacy' and selecting to block cookies. 
  4. If you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies.
  5. For further information on the use of cookies, and on how to decline or remove them from your computer, visit www.allaboutcookies.org

Grafton Nursery uses Google Analytics to understand and interpret how visitors to our website are using the site. This data is collected in an anonymous fashion and is used to inform us about our website activity. It is in no way used by Grafton Nursery or Google to track the activity of an individual user.
Grafton Nursery through hardy-eucalyptus.com does post links to other websites and our privacy policy does not extend to visitors using those links to visit other sites.Visitor data is never shared with these linked websites.


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