Trading Policy

Since 1963 we have been growing plants in Challock and sending them to customers - our garden friends - all over the UK Mainland. At all times we aim to offer the best possible levels of quality and service.

By purchasing goods from Victoriana Nursery Gardens you enter a legally binding agreement with us on the following terms. You should read and understand these terms because they affect your rights and liabilities. These terms describe the basis for purchase by you and sale by us of the products described on this web site and our printed literature.

Additional to these terms and conditions we offer on separate pages information on our Delivery Charges, Returns Policy, Privacy Policy, Cookie Policy and Copyright Information.

Definitions & Interpretation

In these terms the following words have the following meanings...

Contract
The contract for the sale and purchase of the Goods.

Delivery Areas
We now only deliver plants and seeds to Mainland England, Wales, Scotland, Scottish Islands, Isle of Wight and Isle of Man. Additionally we deliver seed only orders to Jersey and Guernsey.

Goods
The range of seeds, plants and garden products which are available for purchase from our website in accordance with the terms.

The Website
Our presence on the internet accessible via the address www.victoriananursery.co.uk.

The Seller, we, or us
Floriculture International Limited trading as Victoriana Nursery Gardens.

Postal Address & Contact Details

Victoriana Nursery Gardens
Buck Street
Challock
Ashford
Kent
TN25 4DG
Telephone: 01233 740529 Email: help@victoriananursery.co.uk

Basis Of The Sale

An agreement for us to sell you Goods is made on these terms when we accept an order made by you via our website, the telephone or conventional postal system. With regard to orders placed via the internet, the description of the Goods, the price and delivery costs are set out in the order page. We will confirm acceptance of your order on-screen.

We aim to give you a clear idea of the nature of the plants we sell. However, you appreciate that there are inevitably slight variations in size, shape and colour between different specimens. Illustrations, descriptions other information as to particular plants are approximate and for guidance only; the fact that we may choose to illustrate a product such as an Apple Tree with a picture of the fruit does not mean the tree will arrive in fruit - just as a packet of carrot seed will not arrive as 'ready grown' carrots! We may in our sole discretion from time to time vary the nature of the Goods from that advertised without notice to you, so long as these variations are not material alterations. Please note that our plants are grown here at the nursery and are intended to be grown on in your garden, they are not fully grown on at time of dispatch. Plants are also sent in a seasonal state.

Details Of The Order

The quantity, quality and description of the Goods will be those set out in your order (if accepted by us).

Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your credit or account card is authorised for the transaction.

The Goods which can be ordered are only available for delivery if they are to be delivered within our Delivery Area. We regret we no longer provide an export service.

Price of the Goods

All prices quoted are in GBP (£). All prices are inclusive of value added tax (VAT) where applicable. A processing, packing and carriage charge will be added to your order at the checkout stage - this charge will be based on the size and weight of your order, where you would like your order delivered to and when you wish to receive your order. Full details of our carriage charges can be found on our Delivery Charges Page.

Should your order be subject to any additional charges we shall always contact you for your prior approval.

Payment Terms

Payment will be taken in full at the time your order is placed

We accept no liability if a delivery is delayed because you did not give us the right payment details.

If it is not possible to obtain full payment for the Goods we can cancel the Contract or suspend any further deliveries to you. This does not affect any other rights we may have.

Cancellation

If you choose to cancel an order, for whatever reason, before it has been dispatched, we reserve the right to make a charge for doing so (to cover our costs). If the order has already been packed or dispatched, you cannot cancel your order at this point and will need to return it (please see our returns policy).

Delivery

For details on our scale of delivery charges please visit our Delivery Charges page.

We will deliver the Goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when your parcel is delivered; in some instances the courier will require a signed note to be left detailing where you would like the parcel left, the driver will take the note and leave your parcel.

All orders sent by courier may be 'left safe' if you are unavailable to sign for them personally, (this may require a signed note as mentioned above) unless you specifically request that your parcel is not left safe. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.

If you give us Special Instructions with regard to your order every effort will be made to adhere to these; if we are unable to adhere to your Special Instructions for whatever reason our liability is strictly limited to the full order value and any carriage charges incurred.

Please note that whilst the special instructions are sent with all Royal Mail deliveries, not all drivers will leave them safe, this is completely outside of our control, we prefer that they do leave them, but sometimes they choose not too for whatever reason. We cannot be held responsible for this (but do apologise if this happens in advance).

We will aim to deliver within the quoted time frame but delivery times are not guaranteed, particularly at busy times of the year (this also applies to 'Selected Day' and 'Next Day' delivery services where every effort is made to ensure your parcel is delivered on time but cannot be guaranteed).

Risk and Ownership

Risk of damage to or loss of the Goods passes to you at the time of delivery to you or, if you fail to take delivery at the agreed time, the time when we tried to deliver.

You will only own the Goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.

Returns
In accordance with the Distance Selling Regulations, you have the right to return your order at any time up to 7 working days after receipt. Please note that perishable items are EXCLUDED from this, namely living plants, bulbs, potatoes, 'sets', bare root plants, fruit trees, fruit plants or pre-ordered plants that are being grown to order.

For items that are not excluded as above, if you wish to return an order please contact us within 7 working days after receipt. You must take reasonable care of the goods whilst in your possession and they must be returned to us, promptly, at your cost. We can arrange collection of larger items, but you will be charged for this service at cost.

If the reason for return is 'not our fault', we reserve the right to withhold the carriage costs incurred by us in delivering the item to you and any Credit Card / Debit Card or PayPal transaction charges we may have incurred.

Cancellation
In accordance with the Distance Selling Regulations, you have the right to cancel your order at any time up to 7 working days after receipt.

Please note that perishable items are EXCLUDED from this, namely living plants, bulbs, potatoes, 'sets', bare root plants, fruit trees, fruit plants or pre-ordered plants that are being grown to order.

We try to be fair...

If you wish to cancel an order please contact us as soon as soon as possible (and for deliverd orders within 7 working days after receipt). For delivered orders you must take reasonable care of the goods whilst in your possession and they must be returned to us, promptly, at your cost. We can arrange collection of larger items, but you will be charged for this service at cost. You can return plant/s and/or good/s that you are not happy with within 28 days of receiving it / them provided you have contacted us within 7 days of receipt to advise of return.

If the reason for returning item/s is 'not our fault' we will not pay the costs of returning an item to us. We recommend you use a recorded delivery service for any item you are returning to us, as until we receive the plant/s and / or good/s you are returning, they are your responsibility.

If the reason for cancellation is 'not our fault' and we have delivered within the time frame estimated when you placed your order we reserve the right to withold the carriage costs incurred by us in delivering the item to you and any Credit Card / Debit Card / PayPal transaction charges we may have incurred.

If the item has been subsequently damaged, used, or is not returned in its original packaging, we reserve the right to withhold a percentage of the refund value if the item needs to be reduced in price for resale.

If you choose to cancel your order before dipsatch for items being 'grown to order' prior to our estimated dispatch time (as per your email confirmation) we reserve the right to withold 25% of the order value plus any Credit Card / Debit Card / PayPal charges we have incurred (including refund charges).

Warranties

We aim to provide quality plants and products / goods to our customers. If you receive a plant that is in bad condition when you unwrap it, please contact us immediately. Firstly though please consider that plants may look different, or may not even show above the pot compost, depending on the time of year.

We guarantee our plants to be true to name and for a period of three months from receipt (or from the beginning of that growing season), conditional upon you following cultural instructions and good plant husbandry. If the plant should die of natural causes up to three months from delivery/growing season, we will either replace it free of charge (although we may have to charge for delivery) or issue a credit note for the plant only. We will ask for a photograph of the plant or that you return the plant. We shall try to accommodate your wishes as to the method of dealing with the matter but the choice of dealing with the matter is ultimately and solely ours.

We further undertake that the Plant/s and / or Good/s will be in good condition at the time of delivery and will be of the type and quantity ordered. If the type ordered was not available and we supplied a substitute we undertake that the substitute will be in good condition at the time of delivery and will be of the type and quantity we stated as the substitute.

Our Golden Harvest Seeds are guaranteed to germinate and have a one year guarantee. Should any of our seeds fail to germinate, given the correct growing conditions, we undertake to replace free of charge provided the packet is returned to us within 12 months (proof of purchase required).

Liability

If you have a valid claim in respect of any of Goods which is based on any defect in their quality or condition or their failure to meet specification in accordance with the Contract, and you have returned the Goods within a reasonable time, you will be entitled to choose either a refund of the price of the Goods or replacement Goods free of charge.

We shall not be liable to you in connection with any contract, in tort (including negligence), contract or otherwise for any loss of profit, anticipated savings or data that your or your business may suffer.

These terms and conditions do not affect your statutory rights as a consumer.

We will use reasonable commercial endeavours to keep the website up to date but the information and specifications given are for your information only and are subject to change without notice. Pictures on the website are generally accurate but variations in colour, shape and size must be expected.

The content of the website is directed solely at those who access the site from addresses within the Delivery Area.

We assume no responsibility for the contents of any other websites to which this website has links.

Matters out of our control

We will not be liable to you or in breach of the Contract for delay or failure to perform due to a cause beyond our reasonable control.

Changes

We reserve the right to make changes to this website and these terms at any time.

Complaints

If you wish to complain about any aspect of our service, please Contact Us.

General

Emails to you will be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and contact telephone number and tell us of any changes to them.

If either we or you fail to enforce a right under these terms, that failure will not stop us or you from enforcing the other rights, or the same type of right on a later occasion.

To the extent that any provision of these terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be a part of these terms, it will not affect the enforceability of the remainder of these terms nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

The headings in these terms are for convenience only and will not affect their interpretation.

Governing law and jurisdiction

These terms will be governed by English law and any disputes will be resolved exclusively by the English Courts.

Promotions

Unless otherwise stated, discount codes (including those offered / displayed by third parties) cannot be used for purchases of gift vouchers and do not apply to postage charges.