Terms of service

Terms & Conditions of Sale

1. About us

1.1 These terms apply to goods purchased from:

The Grower Ltd, Presingoll Farm, Penwinnick Road, St Agnes, Cornwall, TR5 0PB

Company number: 13299206, Registered in England and Wales

VAT number: 377930554

Email: contact@thegrower.co.uk

The Grower Ltd is an active company registered at Presingoll Farm, Penwinnick Road, St Agnes, Cornwall, TR5 0PB. 

1.2 In these terms, “we”, “us” and “our” mean The Grower Ltd. “You” and “your” mean the person or organisation placing the order.

2. About these terms

2.1 Please read these terms before placing an order. They explain how we supply our plants and sundries, how delivery works and what to do if there is a problem.

2.3 By placing an order, you confirm that you have read and accepted these terms.

2.4 Nothing in these terms limits the legal rights available to you as a consumer.

2.5 A “consumer” is an individual buying goods wholly or mainly for personal use rather than for business purposes.

3. Our plants and products

3.1 We supply bare-root, cell-grown and containerised trees, shrubs and hedging plants, together with planting accessories and sundries.

3.2 We take reasonable care to describe each product accurately. Where a plant is sold to a stated size, grade, species, variety or specification, we will supply it in accordance with that description.

3.3 Plants are living products and natural variation is to be expected. Photographs are illustrative, and individual plants may vary in:

  1. height and stem thickness; 

  2. branching and shape; 

  3. root development; 

  4. leaf cover, colour and seasonal appearance; and 

  5. the appearance of pots, cells or growing media. 

3.4 Bare-root deciduous plants are normally supplied during their dormant season and may arrive without leaves. Dormancy does not, by itself, mean that a plant is dead or defective.

3.5 Any planting heights or growth rates given are estimates rather than guarantees. Final growth and establishment will depend on the site, soil, weather, planting method and aftercare.

4. Plant availability and seasonal supply

4.1 The availability of live plants is affected by growing conditions, lifting conditions, weather, crop yields and plant health inspections.

4.2 The bare-root planting and dispatch season normally runs from approximately November until April. The exact start and end dates vary according to weather, soil conditions, plant dormancy and the species being supplied.

4.3 We will only lift and dispatch bare-root plants when we consider conditions suitable for maintaining plant quality.  This is better than fixing the season to exact dates because Cornwall’s temperatures and lifting conditions may differ from those in other parts of the UK.

4.5 An item being shown on our website does not guarantee that it will remain available. If we cannot supply an item, we will contact you and offer one of the following:

  1. a suitable alternative, which we will not send without your agreement; 

  2. delivery at a later agreed date; or 

  3. a refund for the unavailable item. 

4.6 We may delay lifting or dispatch where frozen ground, severe weather, excessive heat or another condition could materially affect plant quality. We will let you know where this causes a significant change to an agreed delivery period.

5. Placing an order

5.1 Our website will allow you to check and correct your order before submitting it.

5.2  After you place an order, we will send an acknowledgement. This confirms that we have received your order but does not necessarily mean that we have accepted it.

5.3 A contract is formed when we send you a dispatch confirmation or otherwise confirm that we have accepted the order.

5.4 We may be unable to accept an order because:

  1. an item is unavailable; 

  2. we cannot deliver to the address provided; 

  3. there is an obvious pricing or product-description error; 

  4. payment has not been authorised; 

  5. plant health restrictions prevent supply; or 

  6. we reasonably suspect fraud or misuse of the website. 

5.5 If payment has already been taken for an order we cannot accept, we will refund it.

5.6 Bare-root plants ordered outside the normal planting season are supplied on a pre-order basis.

5.7 Payment reserves the stock for dispatch during the selected or agreed planting period. Any dispatch date provided before the lifting season begins is an estimate.

5.8 Dispatch may be brought forward or delayed where weather, dormancy, ground conditions, crop availability or plant health requirements make this reasonably necessary. We will contact you where this results in a significant change to the expected delivery period.

5.9 Consumer cancellation rights will continue to apply where required by law.

6. Prices and VAT

6.1 Prices shown to consumers will include VAT at the applicable rate unless the product is zero-rated or exempt.

6.2 Delivery charges will be shown at checkout or clearly explained before you place the order. We will not add an optional service or charge without your express agreement.

7. Payment

7.1 Payment must be made using one of the methods offered at checkout.

7.2 Your payment information may be processed by a third-party payment provider. We do not normally receive or store your full payment-card details.

7.3 Ownership of the goods passes to you when we have received payment in full. Responsibility for loss or damage passes at the point described in section 9.

9. Delivery

9.1 The delivery or collection options available for an item will be displayed on the website or confirmed before we accept your order.

9.2 Orders will be sent in one delivery, if for any reason a delivery needs to be split then the additional delivery will be made at an additional cost to the customer and the customer informed prior to despatch of the additional cost involved.

9.3 Deliveries to Northern Ireland, islands, remote areas or destinations outside Great Britain may be subject to additional courier charges, plant health requirements or restrictions. We may need to contact you before accepting such an order.

9.4 We will not export plants outside the delivery areas stated on our website unless this has been agreed with us in writing.

9.5 Delivery dates are estimates unless we have expressly agreed that a particular date is essential.

9.6 Where an item is sold for delivery during a stated planting season or dispatch window, that period forms part of the delivery agreement.

9.7 Unless a different period has been agreed, consumer orders must be delivered without undue delay and normally within 5-10 days after the contract is made. We remain responsible for the goods until you, or a person nominated by you, takes possession of them. 

9.8 Please provide a complete and accurate delivery address, telephone number and any relevant access information.

9.9 Where you instruct us or the courier to leave an order in a particular safe place, responsibility will pass to you once the order has been delivered there in accordance with your instruction, to the extent permitted by law.

9.10 If delivery cannot be completed because the address is incorrect, access is unavailable or nobody is available where a signature is required, we may charge the reasonable cost of redelivery. We will explain any charge before arranging redelivery.

9.11 You must tell us before dispatch about any access restrictions affecting the delivery address. These may include:

  • narrow roads, lanes, bridges or gateways; 

  • low bridges or overhanging trees; 

  • weight, width or height restrictions; 

  • steep, soft, gravelled or uneven access; 

  • locations unsuitable for vans or lorries; and 

  • the absence of suitable turning or unloading space. 

9.12 Where a pallet is unloaded using a tail lift and manual pallet truck, a flat, level and solid surface such as concrete, tarmac or block paving will be required. Manual pallet trucks cannot normally be operated safely over grass, loose gravel, steep slopes or soft ground.

9.13 The driver will leave the goods as close to the requested delivery point as they reasonably consider safe. Drivers are not required to unpack pallets, carry plants through buildings or move goods across unsuitable ground.

9.14 We may charge the reasonable cost of redelivery where delivery fails because an access restriction was not disclosed or agreed arrangements were not followed. Any charge will be explained before redelivery is arranged.

10. Receiving live plants

10.1 Please unpack and inspect live plants as soon as reasonably possible after delivery.

  1. keep bare roots protected from drying out; 

  2. keep plants cool, sheltered and appropriately watered; 

  3. plant promptly or heel bare-root plants into suitable soil temporarily; and 

  4. follow any planting and care instructions supplied. 

  5. Do not leave live plants in sealed packaging, in direct sunlight, beside a heat source or without appropriate moisture.

11. Reporting delivery damage, shortages or incorrect goods

11.1 Please inspect your order promptly.  For live plants, we ask that visible damage, shortages or incorrect items are reported within 48 hours of delivery. 

11.2 Please count the plants and sundries supplied before planting, distributing or installing them.

11.3 Plants may be packed in bundles, trays or grouped packages. Individual bundle quantities may vary, but the total quantity supplied should correspond with your order, subject to any variation agreed with you.

11.4 If you need to report damage, shortages or incorrect items, please provide:

  1. your order number; 

  2. details of the problem; 

  3. photographs of the plants; 

  4. photographs of the packaging and delivery label; and 

  5. the number of items affected. 

11.5 This 48-hour request helps us investigate problems involving perishable products and courier handling. It does not remove or shorten your statutory consumer rights.

11.6 Please do not dispose of or return affected plants until we have responded, unless keeping them would create a safety or plant health concern.

12. Cancelling before dispatch

12.1 Please contact us promptly if you wish to cancel or amend an order.

12.2 Where the order has not been prepared, lifted, packed or dispatched, we will normally be able to cancel it and provide a refund.

12.3 We may be unable to cancel bespoke or specially prepared goods once work has begun, or live plants once they have been lifted or packed for your order. We will explain the position when you contact us.

13. Consumer change-of-mind rights

13.1 For ordinary, non-exempt goods bought online, including most unused planting sundries, consumers normally have 14 days after receiving the goods to tell us that they wish to cancel. They then have a further 14 days in which to return those goods. 

13.2 To cancel, email contact@thegrower.co.uk or send us another clear statement confirming your decision. 

13.4 Please contact us before posting anything so that we can provide the correct return instructions. Contacting us for instructions does not restrict your right to cancel.

13.5 Unless the item is faulty, damaged or incorrectly supplied, you are responsible for the direct cost of returning cancelled goods.

13.6 Goods must be packaged securely and returned within 14 days after you tell us that you are cancelling.

13.7 You should obtain proof of posting or use a tracked service. You remain responsible for the goods until they reach us.

13.8 You may inspect goods in the same way that you reasonably could in a shop. We may reduce the refund to reflect loss in value caused by handling beyond what is necessary to establish the goods’ nature, characteristics and function.

14. Change-of-mind returns for live plants

14.1 Some live plants are liable to deteriorate rapidly and may be exempt from the statutory 14-day change-of-mind cancellation right.

14.2 This is most likely to apply to bare-root plants that have been lifted and packed for dispatch and to other live plants whose condition is particularly time-sensitive.

14.3 Where we rely on this exemption, we will make this clear in the product information or before you place your order.

14.4 A live plant will not be treated as exempt merely because it is a plant. Containerised plants and other stock that are not liable to deteriorate rapidly may remain subject to the ordinary consumer cancellation rules.

14.5 Please contact us before returning any live plant. An unauthorised return may cause unnecessary deterioration or create plant-health and biosecurity concerns.

14.6 This section concerns change-of-mind cancellations only. It does not affect your rights where goods are damaged, faulty, incorrectly supplied or not as described.

15. Returns of planting sundries

15.1 Planting sundries may be returned under the change-of-mind procedure in section 13, provided they are eligible for cancellation.

15.2 The following may be excluded from change-of-mind returns where the legal exception applies:

  1. goods made to your measurements or specification; 

  2. personalised goods; 

  3. sealed goods that cannot be returned for health or hygiene reasons once unsealed; 

  4. goods inseparably mixed with another product after delivery; and 

  5. goods that deteriorate or expire rapidly. 

15.3 Opened or partly used products can only be returned where a statutory right applies or we agree otherwise.

16. Faulty, damaged or incorrectly described goods

16.1 Under the Consumer Rights Act 2015, goods supplied to consumers must be:

  1. of satisfactory quality; 

  2. fit for their usual purpose and any particular purpose made known to us; and 

  3. as described. 

16.2 A consumer will normally have a 30-day short-term right to reject goods that did not meet these requirements when supplied. For goods that can reasonably be expected to perish sooner, the rejection period may end when the goods could reasonably have been expected to perish. 

16.3 After the short-term rejection period, you may be entitled to a repair or replacement or, where appropriate, a reduction in price or refund.

16.4 Where the problem is our responsibility, we will pay the reasonable cost of returning or collecting the affected goods.

17. What is not normally considered a fault

17.1 Subject to your statutory rights, the following will not normally indicate that a plant was faulty when supplied:

  1. normal natural variation; 

  2. a dormant deciduous plant arriving without leaves; 

  3. minor cosmetic damage that does not materially affect health or establishment; 

  4. seasonal colour or leaf changes; 

  5. reasonable variation within the product’s stated grade; or 

  6. temporary wilting or dehydration that resolves following prompt and appropriate care. 

17.2 We will not be responsible for a problem caused after delivery by:

  1. allowing roots to dry out; 

  2. failing to unpack the plants promptly; 

  3. delayed or incorrect planting; 

  4. unsuitable soil or drainage; 

  5. waterlogging, drought, frost, heat or severe weather; 

  6. damage from livestock, wildlife, pets, machinery or vandalism; 

  7. incorrect use of fertiliser, pesticide or herbicide; 

  8. failure to water or maintain the plants appropriately; or 

  9. planting contrary to instructions or accepted horticultural practice. 

17.3 This section does not apply where the underlying cause was a fault or lack of conformity present when the plant was delivered.

18. Plant survival and establishment

18.1 Our responsibility is to supply plants that comply with the contract and are of satisfactory quality when delivered.

18.2 Plant establishment is influenced by matters outside our control, including soil conditions, planting technique, exposure, rainfall, irrigation, competing vegetation and aftercare. We cannot guarantee that every plant will establish unless a separate written establishment guarantee has been provided.

18.3 Any separate guarantee will be in addition to, and will not replace, your statutory rights.

18.4 Natural losses can occur even where healthy plants have been supplied and reasonable planting practices have been followed.

18.5 Unless we have provided a separate written establishment guarantee, we do not guarantee a particular survival percentage.

18.6 Establishment depends on factors outside our reasonable control, including:

  1. time between delivery and planting; 

  2. storage and root protection; 

  3. planting depth and technique; 

  4. soil structure, fertility, pH and drainage; 

  5. drought, waterlogging, frost, heat and wind; 

  6. weed and grass competition; 

  7. browsing and physical damage; 

  8. pests and diseases arising after delivery; and 

  9. watering, protection and ongoing maintenance. 

18.7 Customers undertaking larger planting schemes should allow for an appropriate replacement or “beat-up” programme during the establishment period.  ‘Beat-up’ terminology means replacing failed plants.

19. Refunds

19.1 Where you validly cancel an eligible order, we will refund:

  1. the purchase price of the returned goods;

19.3 We may withhold the refund until we receive the goods or you provide evidence that they have been sent back.

19.4 Refunds will be made within 14 days after we receive the returned goods or, if earlier, within 14 days after receiving satisfactory evidence that they have been returned. Refunds will normally be made using the original payment method. 

20. Personal information

20.1 We use personal information to administer orders, take payment, arrange delivery, manage returns and respond to enquiries.

20.2 Further information is available in our Privacy Policy.

20.3 Our current website privacy policy explains that delivery information may be passed to suppliers and couriers where needed to fulfil an order. 

21. Our liability to consumers

21.1 We are responsible for loss or damage that is a foreseeable result of our breach of these terms or our failure to use reasonable care and skill.

21.2 We are not responsible for loss or damage that was not foreseeable.

21.3 We supply consumer goods for private use. If you use them for commercial or business purposes, we will not be responsible under these consumer terms for loss of profit, loss of business, business interruption or loss of business opportunity.

21.4 Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability for:

  1. death or personal injury caused by negligence; 

  2. fraud or fraudulent misrepresentation; or 

  3. breach of your statutory consumer rights. 

22. Events outside our reasonable control

22.1 We will not be responsible for delay or failure caused by an event outside our reasonable control, including severe weather, flooding, drought, frost, plant health restrictions, pest or disease outbreaks, transport disruption, industrial action or failure of utilities.

22.2 We will contact you as soon as reasonably possible and take reasonable steps to reduce the effect of the event.

22.3 If there is a substantial delay, you may have the right to end the contract and receive a refund for goods that have not been supplied.

23. Complaints

23.1 We aim to deal with problems fairly and practically.

23.2 Please contact:

Email: contact@thegrower.co.uk
Post: The Grower Ltd, Presingoll Farm, Penwinnick Road, St Agnes, Cornwall, TR5 0PB
Telephone: 07816 448722

Please include your order number and details of the issue.

23.3 If we cannot resolve a consumer complaint after completing our internal complaints process, we will provide information about an appropriate accredited alternative dispute resolution provider and confirm whether we are willing or required to use that procedure.

25. Changes to these terms

25.1 We may update these terms to reflect changes in our business, delivery arrangements or the law.

25.2bThe terms applying to your order will be those provided or made available when the contract was formed. A later change will not retrospectively alter an existing order.

26. Governing law and courts

26.1 These terms are governed by the law of England and Wales.

26.2 If you are a consumer living elsewhere in the United Kingdom, you will retain any mandatory legal protections available in your home jurisdiction and may bring proceedings in the courts available to you under applicable consumer law.

26.3 If you are a business customer, the courts of England and Wales will have exclusive jurisdiction unless agreed otherwise in writing.

27. Third-party rights

27.1 Only you and The Grower Ltd may enforce these terms, except where the law provides otherwise.