Terms & conditions

Introduction
For the purposes of these terms and conditions, the plants you buy are goods that are liable to deteriorate or expire rapidly, which they will if not treated correctly. It is our responsibility to supply you with goods that meet your consumer rights.

If you have any concerns that we have not met our legal obligations, please contact us right away, either at delivery or in the months after planting.

Please, never plant something you are unhappy about; let us solve the problem there and then: we do not accept returns for your money back once a plant has been planted.

If you are not happy with the condition of your plants when you inspect them after delivery, email us including some photographs of the plants immediately & we will arrange for them to be collected.

*If you have ordered incorrectly and it is no fault of chatcrux Trees Ltd, we can arrange for your plants to be collected, but the customer is liable for the cost of collection. As perishable goods, plants must be returned within 7 days. Accessories and other goods can be returned unopened or unused within 30 days of delivery.
You can enter your order at any time of year to reserve your plants, which ensures you get what you want before it sells out. We do not charge your card until your order is ready to be packed. Canceling an order is easy, but it must be done by email and in the form outlined below in clause 7 of our Standard Terms and Conditions of Sale.

Please contact us if you need help with an order that you have placed online.

The chatcrux Trees Guarantees
Our guarantee is intended to give you peace of mind, so within reason (detailed below) we promise to replace all the plants you buy from us that are then planted on the British mainland or the Isle of Wight, by you, unless they are in an end of season discount sale, if they die.
Plants almost always die because they were incorrectly planted or looked after. It’s rarely because there was anything wrong with them when delivered. That is the only reason that we want to know why plants have failed when they do. If your plants don’t survive, we ask that you send us good quality photographs of the dead plants in the ground: at least one close-up of the dead plants themselves, showing the leaves, stems and where they go into the soil, and at least one broader shot of the planting area, showing all of the dead plants and the surrounding terrain.

We will use these photographs to help work out what went wrong, so we help ensure that your replacements do thrive.

There are two guarantee periods, for one or five years. You need to be subscribed to our newsletter for the 5 year coverage. Please see the full terms here.

If your plants die, you only have to pay for the delivery of their replacements. Please note that we subsidise P&P on the original sale. Carriage on replacements will be charged at full cost.
The only blanket exception is that we cannot guarantee your plants if you have a hosepipe ban in your area. It is absolutely essential to water plants in dry weather while they are establishing in their first year, and still important in their second year, especially in long dry summer spells. By their third year, most hedge plants will be well established, but many big standard trees will still need some help in hot dry periods.

This is our guarantee, there’s no hidden catch, but we have to spell it out in legal jargon below.

Delivery Questions and Answers
Delivery Timescales: Where it applies, delivery schedule information is shown on the “Delivery Info” page. Three factors significantly affect the delivery of living plants. Many varieties are planted seasonally, so we cannot deliver out of season. In winter, barerooted plants need to be physically lifted from the field, bundled up neatly and brought into the packing warehouse. This happens after you order and in regular batches, so when demand is high, the current batch may be sold out, delaying your order to the next batch. Finally, we are all at the mercy of the weather. Plants cannot be lifted or planted at all in freezing weather, and the rain can put things on hold as well.

How much does Delivery Cost?
Your shoping basket will show you the correct delivery cost as you go along. One delivery charge per order applies, providing the order can be satisfied in one delivery:

Small box (orders containing only seedlings or rooted cuttings = £7.20 (inc VAT) per order. Free delivery for orders over £60 (inc VAT)
Standard box (bareroot hedging and plants up to 1.2metres) = £11.40 (inc VAT) per order. Free delivery for orders over £60 (inc VAT)
Large box (pots up to and including 7.5 litres) = £15.00 (inc VAT) per order. Free delivery for orders over £100 (inc VAT)
Trees and hedging (bareroot plants and trees over 1.2 metres in height) = £18.00 (inc VAT) per order. Free for orders over £120 (inc VAT)
Orders delivered to Scotland and the Isle of Wight may require an extra charge (calculated during checkout). As the natives there know, this is applicable to ALL orders to their location
Pallets (root balls, large pots, trees etc) = £60.00 (inc VAT) per order. Free delivery for orders over £240 (inc VAT)
If, for reasons of seasonality an order needs to be split, then we will charge for each delivery. If the whole order was eligible for free P&P then the second of the split orders will be delivered free of charge
If, for reasons of seasonality an order needs to be split, then we will charge for each delivery. If the whole order was eligible for free P&P then the second of the split orders will be delivered free of charge.

Where do we deliver?
Anywhere on mainland Britain and the Isle of Wight (please note surcharge mentioned above) provided the address is a valid address recognised by the Royal Mail and we receive written directions where the address is hard to find. We do not deliver to any other offshore destinations (including Northern Ireland, the Isle of Man, the Isles of Scilly, the Isle of Skye, Channel Islands etc)

Do I have to sign for my delivery?
Unless your order is to a “high-risk area” (i.e. inner city postcodes), our couriers will leave your parcels safely, without a signature if no one is at home.

When will my order be delivered?
We send you an email when your order is despatched and it will usually be with you the following day.

What weather conditions can I plant in?
You cannot plant when the soil is frozen and it is best not to plant when the ground is waterlogged.

What happens if there is a delay between delivery & planting?
Your bareroot plants will be packed so they can safely be left in their wrapping for 7-10 days before planting.
If you cannot heel them in, store them in a COLD place, ideally outdoors, not protected from frost but out of direct sunlight.
Leave them to freeze outside, but do not move them around when they are frozen.
If planting is delayed for a week or two, we advise unwrapping them just enough to take the plants out, thoroughly wet their roots and then return them to their packing so making sure they stay moist.
Do not leave your plants sitting in a bucket of water: roots like to be damp, not drowned!

Pot-grown plants can be stored for weeks during winter without much attention & in summer with watering every other day.

chatcrux Trees Ltd Special Offers and Promotions
Discounts and offers run by chatcrux Trees Ltd are subject to the following…

They are not run in conjunction with any other offers
Our normal delivery terms and conditions apply
Entrants must be aged 18 years or over at the time of entry, and be a resident of the mainland Britain.
Competitions are free to enter, no purchase is necessary.
Employees, families, friends or anyone otherwise associated with chatcrux Nurseries may not enter.
Entering our competitions in the manner stated below constitutes full acceptance of these terms & conditions.
The decision of the judges is final, and no correspondence regarding the decision will be entertained.
Entries must also include your full name, address and telephone number.
We are unable to accept postal entries.
Only one entry per person, per competition. No responsibility can be accepted for lost or corrupted entries as a result of transmission. Entries must be sent directly to us, not via an agent or other third party.
Prizes are non-transferrable and no cash alternative is offered.
Entrants agree that their name, town and county may be used in publicity following notification of any prizes.
If events transpire that are outside of the control of chatcrux Nurseries that require us to amend or suspend the competition, no liability shall fall on the promoter.
The laws of England apply to this competition and an English court will have jurisdiction over any dispute. Greenwich Mean Time applies to all dates and times.
The promoter of competitions is: chatcrux Trees Ltd, Grove Cross Barn, Castle Cary, BA7 7NJ.

chatcrux Trees Ltd Standard Terms & Conditions of Sale
These are our terms and conditions of sale which will apply to all contracts with our customers. These terms and conditions prevail over and are to the exclusion of all other contractual terms unless expressly agreed by us in writing. Our Sales Order Confirmation is the governing document for all orders. We e-mail these to all customers upon receipt of an order and on receipt of any variation or amendment to an existing order. Please check your Sales Order Confirmation as we will deliver in accordance with it.

1: Guarantee & Liability Terms & Conditions – The Small Print

1.1 Plants are warranted as being good quality, healthy stock at the date of delivery and fit for planting in the UK.

1.2 If you are unhappy with your purchase please either:

Refuse delivery if you are present when the delivery is made. Or, if you cannot inspect your delivery until later notify chatcrux Trees before the product(s) “sell by date” and we will instruct you on care and repacking while we arrange collection from you. Under these terms, all plants are regarded as being perishable. As such their “sell by date” for the purpose of returns is 7 days after they were delivered to you. Products that are not alive have a “sell by date” 30 days after delivery to you.
If returned in accordance with the above we will refund their cost in full, including the cost of delivery to you, provided that they are in no worse condition on return to us than at the time of delivery.

Once planted, you have expressed your satisfaction with the plants, you recognise they are perishable and that we have no control over the conditions in which you keep them, the ground in which they are planted, the manner in which they are planted or the way in which you tend your plants afterwards. Their health is your sole responsibility from the date of delivery.

1.3 Nevertheless, if any plants that you buy from us (other than in end of season sales) and plant in the UK die and are reported to us before midnight on the 365th day after the date of receipt, we will REPLACE them like for like free of charge at the start of the next season, if:

You did not suffer from a hosepipe ban.
You send us at least 2 clear, in-focus photographs as soon as you think there is a problem. One from a distance to show the planting area, and one close up. We may also ask for a sample plant for analysis.
You meet the cost of carriage for the replacements.
They are not themselves replacements.
They are not plants given to or used by third parties (* If a plant is purchased as a personal gift, the guarantee is only valid if the recipient subscribes to the chatcrux newsletter within one week of receiving their plants. The newsletter gives advice and tips about the best plant care.)
You did not obviously ignore our instructions or commonly accepted gardening practice. For example, we will not replace a tree that was planted upside down, nor one that was planted after an excessive period of time after delivery.
In the case of bare-rooted plants, losses are confirmed after 30th June following purchase.
In the case of potted plants, losses are confirmed at least 12 weeks after purchase.
This guarantee, which is not transferable, in no way affects your legal rights. We have the right to inspect the plants in situ and our guarantee is void if they have been removed without our receiving 7 days notice in writing by registered mail.

1.4 Our liability, however arising and including liability for negligence as well as all liability under the express and implied terms of the contract with you, is restricted to the replacement or refund of the goods sold and delivered. We will not be liable for any other direct or indirect loss suffered by you, including for loss of profits or other economic loss, even if we are made aware before the time of your order of any circumstances that might give rise to such loss. This paragraph does not exclude or limit our liability for death or personal injury caused by our negligence or for fraud.

1.5 Our site and our staff give advice to the best of their ability. It is freely given and should be treated as such. chatcrux Trees Limited accepts no liability for any claim that may be made as a result of following such advice. In particular, plants can be toxic or produce allergic reactions. Some plants may be poisonous to humans but not to some animals or vice versa. It is the customer’s sole responsibility to ensure that the plants they buy from us are suitable for the purpose for which they are being used.

2: Delivery Terms and Conditions

2.1 We deliver to mainland Britain and the Isle of Wight. We do not deliver to any other offshore destination.

2.2 Unless your order is over £250 we will leave safely without a signature unless you have instructed us to the contrary on the order form in which case it is your responsibility to ensure someone is present to sign for the delivery. If the order is over £250 and a delivery date has been agreed you will ensure that you or another person authorised by you is available to accept delivery of the goods and provide a signature. Otherwise, we reserve the right not to deliver without a signature of receipt, and to make an additional delivery charge, payable on the actual delivery of the goods.

2.3 All confirmations show the date of the Monday of the week of delivery.

We do not promise to deliver on any given day of a week and we may deliver a couple of days early.
Delivery dates are weather dependent.
Bare root plants will be packed so they can safely be left in their wrapping and stored in a cold place for 7-10 days before planting.
If possible, however, we do advise heeling them in before planting or failing that unwrapping them enough to hose down the roots to make sure they stay moist.
Do not leave your plants sitting in a bucket of water.
Please note that the indicated delivery week applies to bare-root plants up to 1.8 metres in height.
Taller plants, specimen trees and fruit trees are lifted less frequently and so you should expect a delivery date about a week further out which will be confirmed to you within a couple of days of you ordering.
2.4 Risk in the goods sold passes to you on delivery, whether or not a signature of receipt has been obtained.

2.5 We do ask for your understanding when it comes to delivery dates. Plants are living organisms that perish unless treated appropriately. If conditions are not suitable for lifting (or for planting) we reserve the right to delay delivery until they are. If this happens, it can affect several hundred orders so we aim to notify you of any delay by e-mail.

3: Availability, Price and VAT

3.1 Your order is accepted subject to availability.
VAT is included in all our prices in our catalogue and website.
We send you a sales order confirmation and deliver in accordance with that document.
Please check this carefully as we cannot be held responsible for any errors in your order.
Until your order is delivered, the VAT chargeable will be amended if there is a corresponding change in the applicable rate(s) of VAT.

4. Substitution and sizing

4.1 If a plant variety or size is unavailable it will be replaced with a suitable substitute variety or the next size up (when available) without an increase in price.
Please let us know at the time of order if substitutions are unacceptable.
Sizes listed on the website are only indicative; plant growth can vary widely between one year and the next.
Therefore, please tell us in writing when ordering if oversize plants are not acceptable.

5. Payment and title

5.1 Valid payment details are required on placing your order, although payment is not taken until we are ready to despatch your order. To allow this to happen, partial card details are stored by our payment processor (who is Level 1 PCI compliant). Without this chatcrux cannot take payment at the time of despatch of your order. These details do not include your CV2 number or any Secure payment password data and they are insufficient to allow any third party to charge your card. These partial details are retained for the duration of the guarantee referred to in Paragraph 1 of these Terms.

5.2 A contract is formed between us when we take payment from your card which usually happens immediately before despatch. This contract is based upon the most recent – if there is more than one – sales order confirmation sent by us in response to your placing your order and these terms and conditions. Where payment remains outstanding, for whatever reason, the title remains with chatcrux Trees Limited until it has been received.

6. Privacy & Data Protection

6.1 Information We Collect & How We Use It

In summary, when you place an order or use any online form on our website, respond to a survey, or enter a competition or promotion, we need to know your name and other information such as your postal address, email address, telephone number and your credit card number and expiry date or bank account details etc (which are your personal data).

By submitting this information you consent to our use of the information in accordance with our Privacy Policy as amended from time to time. We gather this information to allow us to process your request/order. The relevant information is then used by us, our agents and sub-contractors to provide you with the products or service you have requested and to communicate with you on any matter relating to their provision in general.

We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop our website and service and may provide such aggregated information to third parties. These statistics will not include information that can be used to identify any individual.

We may also wish to provide you with information about particular features of our website or any special product offers which we think may be relevant to you. If you would rather not receive this information, please amend your preferences using the link at the foot of every marketing email we send.

We only provide relevant parts of your information to third parties for the purpose of fulfilling your order (for example your name, address and phone to the courier delivering it).

If, at any time, you wish to have your information removed from our active databases, please send an email entitled “REMOVE FROM DATABASE” We will take steps to ensure that information we are not required to retain by law is deleted within four weeks or receipt.