Retail Customer
Terms and Conditions
By purchasing goods at Sulney Nursery 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.
IMPORTANT NOTICE TO RETAIL CUSTOMERS
Plants, trees and shrubs are living products. Their successful establishment and continued health depend on appropriate transportation, handling, planting, watering and subsequent maintenance.
Please inspect your Goods upon receipt or collection and follow any relevant instructions supplied with them.
Bare-root plants must be hydrated upon receipt, kept protected from frost and drying conditions, and planted as soon as reasonably practicable.
We will take reasonable care to ensure that Goods supplied conform to their descriptions and the applicable statutory requirements. However, we cannot guarantee that plants will establish or survive for a particular period because their subsequent condition depends on various factors, including planting, watering, site conditions, weather and ongoing care.
Nothing in these Terms and Conditions excludes or restricts any statutory rights or liability which cannot lawfully be excluded or restricted.
Effective from: 28/10/2026
Sulney Nursery Ltd
Station Road
Upper Broughton
Melton Mowbray
Leicestershire
LE14 3BQ
Email: info@sulneynursery.co.uk
1. DEFINITIONS
In these Terms and Conditions:
"Seller", "we", "us" or "our" means Sulney Nursery Ltd.
"Customer", "you" or "your" means the individual purchasing Goods from us for purposes wholly or mainly outside their trade, business, craft or profession.
"Goods" means plants, trees, shrubs, hedging, turf, nursery stock, landscaping materials and any other goods supplied by us.
"Order" means your request to purchase Goods from us.
"Contract" means the agreement between you and us for the sale and purchase of Goods, incorporating these Terms and Conditions.
"Delivery" means the transportation and delivery of Goods to the address agreed at the time of purchase.
These Terms and Conditions apply to retail sales by Sulney Nursery Ltd, subject to any mandatory rights and protections available to consumers under applicable law.
Nothing in these Terms and Conditions excludes or restricts any statutory rights which cannot lawfully be excluded or restricted.
2. BASIS OF CONTRACT
2.1 These Terms and Conditions apply to all Goods supplied by us to retail customers.
2.2 By placing an Order, purchasing Goods from us, or accepting delivery or collection of Goods, you agree to these Terms and Conditions, subject to any applicable statutory rights.
2.3 Before placing an Order, you should ensure that you have read and understood the relevant product descriptions, prices, delivery arrangements and any specific instructions supplied with the Goods.
2.4 Any quotation provided by us is subject to availability and confirmation unless expressly stated otherwise.
2.5 A Contract is formed when we accept your Order or otherwise confirm that the Goods are available for supply.
2.6 Any changes to an accepted Order must be agreed with us. We reserve the right to decline requested changes where the Goods have already been prepared, dispatched or specially sourced.
3. PRICES AND PAYMENT
3.1 The prices payable are those displayed or quoted at the time your Order is accepted.
3.2 Unless expressly stated otherwise, prices are subject to VAT at the applicable rate.
3.3 Prices quoted individually are valid for 30 days unless otherwise stated. Where a quotation is subject to availability or confirmation, the price is not binding until the Order is accepted by us.
3.4 We reserve the right to amend prices before an Order is accepted. Once an Order has been accepted, the agreed price will apply unless a change is agreed with you or otherwise permitted by law.
3.5 We reserve the right to correct genuine clerical or pricing errors before accepting an Order. Where an error affects an Order already accepted, we will contact you to agree an appropriate resolution, subject to your statutory rights.
3.6 Payment must be made using the payment method and within the payment period agreed at the time of purchase.
3.7 Any delivery, handling or other additional charges will be communicated before you complete your purchase.
4. AVAILABILITY AND VARIATION
4.1 All Goods are offered subject to availability at the time of Order.
4.2 Plants, trees and shrubs are living organisms and may naturally vary in size, shape, density, colour, form and appearance.
4.3 Measurements and dimensions provided for plants and trees are approximate unless expressly stated otherwise.
4.4 Seasonal changes may affect the appearance of plants, including leaf cover, flowering, foliage colour and dormancy. Such natural characteristics do not, by themselves, indicate that a plant is defective.
4.5 Where a particular variety, cultivar, size or specification is important to your purchase, you should confirm the requirement with us before placing your Order.
4.6 We will take reasonable care to ensure that Goods supplied correspond with their descriptions and agreed specifications.
4.7 We will not substitute Goods with different products without your agreement where the substitution would change the Goods you have ordered.
4.8 If Goods become unavailable after an Order has been accepted, we will contact you to discuss the available options. Where we cannot fulfil the Order and no suitable alternative is agreed, we will refund any payment made for the unavailable Goods.
5. COLLECTION AND INSPECTION
5.1 You are responsible for checking the Goods upon collection and, where reasonably practicable, before leaving our premises.
5.2 We recommend that you examine the Goods for visible damage, shortages or discrepancies at the time of collection.
5.3 Where a visible issue is identified, please bring it to our attention before leaving our premises wherever reasonably practicable.
5.4 If you identify damage, a shortage or a discrepancy after collection, you should notify us as soon as reasonably practicable and provide details of the issue.
5.5 You should retain your receipt, Order confirmation or other proof of purchase when raising a query or claim.
5.6 Failure to identify or report a defect at the time of collection does not remove any statutory rights you may have, including rights relating to defects that could not reasonably have been identified upon inspection.
6. DELIVERY
6.1 We currently offer delivery within the East Midlands, generally to locations within a 20-mile radius of Sulney Nursery. Delivery availability and charges will be confirmed at the time of purchase.
6.2 Delivery arrangements, charges and estimated dates will be agreed or communicated when your Order is placed.
6.3 All delivery dates and times are given in good faith. We will make reasonable efforts to meet the agreed arrangements and will inform you of significant delays where reasonably practicable.
6.4 Goods will ordinarily be delivered kerbside or to the nearest suitable and accessible point, at the discretion of the delivery driver, taking account of access, safety, vehicle restrictions and the nature of the Goods.
6.5 You are responsible for ensuring that suitable access is available at the delivery address and that any relevant access restrictions are communicated to us before delivery.
6.6 Where you are not available to receive a delivery, Goods may only be left in a driveway or other designated location where you have expressly authorised this and the driver considers it reasonably safe and practicable to do so.
6.7 Where Goods are left at an authorised location, the driver may take a photograph as evidence of the delivery and the location in which the Goods were left.
6.8 You should inspect delivered Goods as soon as reasonably practicable and notify us of any apparent damage, shortage or discrepancy.
6.9 Delivery is not dependent solely upon obtaining a signature. Any delivery record or photograph may be used as evidence of delivery but will not, by itself, determine whether the Goods were in satisfactory condition or whether your statutory rights apply.
6.10 If delivery cannot be completed because you have provided an incorrect address, failed to provide necessary access information or are unavailable to receive the Goods, we will contact you where reasonably practicable to discuss the next steps. Additional delivery charges may apply where a further delivery is required for reasons attributable to you, provided the charges are reasonable and lawful.
6.11 If you wish to cancel an Order or arrange a return after dispatch, you must contact us to discuss the arrangements. Any return transportation costs will be dealt with in accordance with the applicable cancellation rights, our stated returns policy and the law.
6.12 Responsibility for loss of or damage to Goods remains with us until the Goods come into your physical possession or the physical possession of a person nominated by you to receive them, other than a carrier commissioned by you independently of our delivery arrangements, subject to applicable law.
7. LIVING PLANTS AND NURSERY STOCK
7.1 Plants, trees and shrubs are living organisms, and their condition and subsequent establishment may be affected by factors outside our control.
7.2 The successful establishment and continued health of living plants may depend upon, amongst other things:
Transportation and handling.
Storage before planting.
Planting technique and planting depth.
Soil conditions and drainage.
Root-ball condition.
Watering and irrigation.
Weather, temperature and exposure.
Pests and disease.
Fertilisation and pruning.
Chemical exposure.
Site conditions and subsequent maintenance.
7.3 We will take reasonable care to ensure that plants supplied are in a condition consistent with their description and the applicable statutory requirements at the time of supply.
7.4 We cannot guarantee that a plant will establish, grow or survive for any particular period following purchase, delivery or planting, as these outcomes depend on various factors, including subsequent care and environmental conditions.
7.5 This does not exclude or restrict your statutory rights where Goods were faulty, misdescribed or otherwise failed to conform to the Contract.
7.6 You are responsible for assessing the suitability of the intended planting location, including soil conditions, drainage, light, available space and exposure, unless you have requested and reasonably relied upon specific advice provided by us.
7.7 Where you request advice concerning species, size, planting location or suitability, you should provide accurate information about the intended site and its conditions.
8. TREES, ROOT BALLS, BARE-ROOT AND HANDLING
8.1 Plants supplied with root-ball protection, hessian, wire baskets, containers or other protective materials must be handled in accordance with any instructions supplied with the Goods.
8.2 Bare-root plants must be adequately hydrated immediately upon receipt and protected from frost, drying winds and other adverse weather conditions prior to planting. The roots must be kept moist at all times, and the plants should be planted as soon as reasonably practicable following delivery. You are responsible for ensuring that appropriate care, storage and protection are provided until planting.
8.3 Root-ball protection, hessian, wire baskets and other protective materials should not be removed, loosened, cut or disturbed before planting where we have advised that they should remain intact.
8.4 You should follow any handling, transportation and planting instructions supplied with the Goods. Failure to follow these instructions may adversely affect the stability, viability, establishment or subsequent health of the plants.
8.5 You are responsible for ensuring that vehicles, lifting equipment and transportation arrangements are suitable for the size, weight and nature of the Goods you purchase.
8.6 Where trees or other large plants require specialist lifting, handling or transportation, appropriate equipment and suitable assistance should be used.
8.7 We cannot be responsible for loss, damage or deterioration to the extent that it is caused by inappropriate handling, transportation, storage or planting after delivery or collection, or by failure to follow reasonable instructions supplied with the Goods.
8.8 Nothing in this clause excludes or restricts any statutory rights or liability which cannot lawfully be excluded or restricted.
9. PLANTING, WATERING AND ESTABLISHMENT
9.1 Unless expressly agreed otherwise in writing, responsibility for planting and establishing the Goods rests with you.
9.2 You are responsible for ensuring that the planting location is suitable and that appropriate preparation, planting depth, soil conditions and drainage are provided.
9.3 You should follow any planting, handling, watering or establishment instructions supplied with the Goods or provided by us.
9.4 Adequate watering is essential to the establishment and continued health of many plants and trees. You are responsible for ensuring that plants receive sufficient water following collection, delivery and planting.
9.5 Where an irrigation system is used, you are responsible for ensuring that it is suitable for the plants, correctly operated and adequately maintained.
9.6 You should monitor plants regularly after planting and adjust watering and maintenance to suit the species, site conditions and prevailing weather.
9.7 Plant health may be affected by drought, waterlogging, frost, flooding, storms, unsuitable soil conditions, pests, disease and other environmental factors.
9.8 Where plant failure is reported, we may reasonably request information about planting circumstances, watering, maintenance, weather conditions and other relevant factors to help establish the cause.
9.9 Failure to follow reasonable planting, handling, watering or establishment instructions may affect your entitlement to a remedy to the extent that the failure has caused or contributed to the problem. This does not affect any statutory rights that cannot lawfully be excluded.
10. DAMAGE, DEFECTS AND COMPLAINTS
10.1 We ask that you inspect Goods upon receipt or collection and notify us as soon as reasonably practicable of any apparent damage, shortage, incorrect Goods or other discrepancy.
10.2 Where damage or a discrepancy is identified upon delivery, please record the details on the delivery documentation wherever reasonably practicable and retain photographs of the condition of the Goods.
10.3 Any complaint concerning an apparent defect should be raised promptly so that we have a reasonable opportunity to investigate the circumstances.
10.4 Where a defect becomes apparent after delivery or collection, please contact us promptly after discovering it.
10.5 When raising a complaint, you should provide sufficient information to help us investigate, including:
Your name and contact details.
Your Order number or proof of purchase.
The date of purchase, collection or delivery.
Details of the affected Goods.
A description of the issue.
Photographs showing the overall plant or item and any relevant damage, defects or symptoms.
For plants, where relevant, photographs of the planting location and information about planting, watering and subsequent care.
10.6 We may reasonably request further information or an opportunity to inspect the Goods where this is necessary to investigate a complaint.
10.7 Where practical, please do not dispose of, materially alter or return allegedly defective Goods before contacting us, unless action is reasonably necessary for health, safety or another legitimate reason.
10.8 We will consider complaints fairly and in accordance with your statutory rights. Any time limits stated in these Terms and Conditions are intended to facilitate prompt investigation and do not remove statutory rights that apply beyond those periods.
11. QUALITY, REFUNDS AND REMEDIES
11.1 Goods supplied by us must comply with the applicable statutory requirements, including being of satisfactory quality, fit for any particular purpose made known to us and accepted by us, and as described.
11.2 Where a plant or other item is alleged to be defective, we will consider the circumstances, including its condition at the time of supply, the nature of the alleged defect and any relevant evidence.
11.3 In assessing a complaint concerning living plants, we may take account of factors including watering, planting technique, soil conditions, drainage, weather, pests, disease, chemical exposure and subsequent care.
11.4 We may ask for photographic evidence or other reasonable information to help establish whether a reported problem arose from a defect present at the time of supply or from circumstances occurring afterwards.
11.5 We cannot accept responsibility for plant deterioration or failure to the extent caused by inadequate watering, unsuitable planting conditions, improper horticultural care, physical damage after supply, or environmental factors beyond our reasonable control. This does not exclude responsibility for any underlying defect or other failure for which we are legally responsible.
11.6 Where Goods do not conform to the Contract, you may be entitled to remedies under applicable consumer law. Depending on the circumstances, these may include a refund, replacement, repair where appropriate, or a price reduction.
11.7 Any remedy offered will be determined in accordance with the applicable law and the circumstances of the complaint.
11.8 Our voluntary returns policy for change-of-mind purchases is separate from your statutory rights in respect of faulty, misdescribed or otherwise non-conforming Goods.
11.9 Nothing in these Terms and Conditions requires you to accept a replacement or exchange instead of a statutory remedy to which you are entitled.
12. RETURNS AND CANCELLATIONS – CHANGE OF MIND
12.1 We understand that you may occasionally change your mind about a purchase. Our voluntary returns policy is set out below, subject always to any applicable statutory cancellation rights.
12.2 Plants purchased in person
Where plants are purchased in person at Sulney Nursery, we may offer a refund within 14 days of purchase, provided that:
The plants are returned within 14 days of purchase.
The plants have not been planted.
The plants remain in their original pots, where applicable.
The plants are in a condition suitable for resale.
Proof of purchase is provided.
This is a voluntary change-of-mind policy and does not restrict any statutory rights you may have if the Goods are faulty, misdescribed or otherwise fail to conform to the Contract.
12.3 Plants purchased online or at a distance
Where Goods are purchased by telephone, you may have a statutory right to cancel within 14 days after receiving the Goods, subject to applicable exceptions.
Where this right applies, you must notify us of your decision to cancel within the applicable period. You will ordinarily have a further 14 days after notifying us to return the Goods.
Some Goods, including goods liable to deteriorate or expire rapidly, may fall within statutory exceptions to the right to cancel. Whether an exception applies depends on the particular Goods and the applicable law.
Where a statutory cancellation right applies, any refund, return costs and deductions will be dealt with in accordance with the applicable legal requirements. We will provide any required cancellation information before the Contract is formed.
12.4 Condition of returned plants
For voluntary change-of-mind returns, plants must be returned in the condition required by the applicable policy.
We cannot accept a voluntary change-of-mind return of plants that have been planted, damaged, pruned or treated with chemicals or feeds, or that have otherwise deteriorated through handling or care after purchase.
These conditions do not override statutory rights or any applicable statutory cancellation entitlement.
12.5 Non-perishable goods
Non-perishable goods may be returned within 28 working days of purchase for a full refund under our voluntary returns policy, provided that:
The goods are unused.
The goods are returned in their original packaging, where applicable.
The goods are in a condition suitable for resale.
Proof of purchase is provided.
Where non-perishable goods have been used, damaged or returned without their original packaging, we may decline a voluntary change-of-mind return or, where lawful, make a reasonable deduction to reflect any reduction in value caused by handling beyond what is necessary to inspect the goods.
Any deduction relating to a statutory distance-selling cancellation will be made only where permitted by law.
12.6 Return arrangements and costs
Please contact us before returning Goods so that we can confirm the appropriate return arrangements.
Where you exercise a statutory cancellation right, responsibility for return costs will depend on the applicable law and the information provided to you before purchase.
For voluntary change-of-mind returns, you will ordinarily be responsible for reasonable return transportation costs unless we agree otherwise.
Where Goods are damaged in transit, supplied in error, misdescribed or otherwise fail to conform to the Contract, we will deal with return costs and any remedy in accordance with your statutory rights.
12.7 Refund processing
Where a refund is due, we will process it within the applicable legal timeframe and, where required, using the original payment method unless otherwise agreed with you.
Any refund entitlement for faulty or non-conforming Goods will be determined in accordance with applicable consumer law.
13. DELIVERY, STORAGE AND CARE AFTER RECEIPT
13.1 You are responsible for providing appropriate care for plants after they have been delivered or collected.
13.2 Plants should be unpacked, stored, watered and planted in accordance with any instructions supplied with the Goods and as soon as reasonably practicable where required by their nature.
13.3 Bare-root plants must be kept adequately hydrated and protected from frost, drying winds and other adverse weather conditions before planting.
13.4 Root-balled and container-grown plants should be handled and stored appropriately to avoid unnecessary damage, drying out or deterioration.
13.5 We cannot guarantee the continued health or establishment of plants where they have been left without appropriate care or exposed to unsuitable storage or environmental conditions after receipt.
13.6 Nothing in this clause excludes or restricts your statutory rights where Goods were defective or failed to conform to the Contract at the time required by law.
14. LIABILITY
14.1 Nothing in these Terms and Conditions excludes or restricts any liability which cannot lawfully be excluded or restricted.
14.2 We remain responsible for supplying Goods in accordance with the Contract and applicable consumer law.
14.3 We are not responsible for loss, damage or deterioration to the extent caused by your failure to follow reasonable handling, storage, planting or care instructions, or by circumstances occurring after supply for which we are not legally responsible.
14.4 We do not guarantee that plants will establish or survive for a particular period, as this depends upon various factors, including site conditions, planting, watering, weather and subsequent maintenance.
14.5 Nothing in this clause excludes or restricts liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot lawfully be excluded or restricted.
14.6 Any limitation or exclusion of liability in these Terms and Conditions shall apply only to the extent permitted by law and shall not deprive you of any statutory rights or remedies.
15. CANCELLATION OF ORDERS BEFORE DELIVERY
15.1 If you wish to cancel an Order before delivery or collection, please contact us as soon as possible.
15.2 Where an Order has not yet been prepared, dispatched or specially sourced, we will consider the cancellation request in accordance with the applicable Contract terms and your statutory rights.
15.3 Where Goods have been specially sourced, prepared or selected, this may affect the practical arrangements for cancellation but does not remove any statutory cancellation rights that apply.
15.4 Any cancellation charge or deduction will be applied only where permitted by law and, where applicable, in accordance with information provided before the Contract was formed.
15.5 Where we are unable to fulfil an accepted Order, we will notify you and provide any refund due in accordance with applicable law.
16. CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL
16.1 We will make reasonable efforts to fulfil accepted Orders and meet agreed delivery arrangements.
16.2 Delays or disruption may occur due to circumstances beyond our reasonable control, including:
Extreme weather.
Frost, drought or flooding.
Plant disease or pest infestation.
Transport disruption.
Vehicle breakdown.
Shortages of labour or materials.
Equipment failure.
Government restrictions.
Other circumstances beyond our reasonable control.
16.3 Where such circumstances affect your Order, we will take reasonable steps to inform you and discuss the available options.
16.4 Nothing in this clause removes any statutory right to cancel an Order, receive a refund or pursue another remedy where applicable.
17. COMPLAINTS AND CONTACT DETAILS
17.1 If you have a question, concern or complaint concerning an Order or the Goods supplied, please contact us in writing in the first instance.
Email: info@sulneynursery.co.uk
Postal address:
Sulney Nursery Ltd
Station Road
Upper Broughton
Melton Mowbray
Leicestershire
LE14 3BQ
17.2 Please include your name, contact details, Order number or proof of purchase, and a clear description of the issue.
17.3 We will consider complaints fairly and seek to resolve them as promptly as reasonably practicable.
17.4 Nothing in this clause prevents you from exercising any statutory rights or pursuing any remedy available under applicable law.
18. GENERAL
18.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue to apply to the extent permitted by law.
18.2 Any failure by us to enforce a provision of these Terms and Conditions on a particular occasion does not necessarily mean that we waive our right to enforce it on a subsequent occasion.
18.3 These Terms and Conditions, together with the relevant product descriptions, accepted Order and any expressly agreed written terms, form the basis of the Contract between you and us.
18.4 Where any provision of these Terms and Conditions conflicts with a mandatory statutory consumer protection, the statutory protection shall prevail to the extent of the conflict.
18.5 These Terms and Conditions do not affect any rights you may have under applicable consumer law.
19. GOVERNING LAW AND JURISDICTION
19.1 These Terms and Conditions and any Contract between you and us shall be governed by the laws of England and Wales.
19.2 Any dispute arising from or connected with a Contract shall be subject to the jurisdiction of the courts of England and Wales, subject to any mandatory legal protections or jurisdictional rights applicable to consumers.