General provisions

These apply when you visit or use our website including when you order products from our website.

Changes

We may change these Terms at any time, in which case the amended Terms will be posted on our website and will apply from the date we post them, with the exception of orders which we have accepted from you before the new Terms were posted. These will continue to be subject to the Terms in force when your order was accepted.

Please check these Terms on each occasion you use our website. If you continue to use our site you will be bound by the latest Terms.

Using our website

You agree to only use our site in a manner that complies with all applicable laws and regulations and is consistent with these Terms and does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of our site (including, amongst other things, hacking).

We reserve the right in our sole discretion to deny any user access to our website without prior notice.

Registration

You may access and use most parts of our website without registering your details with us.

To purchase products or take part in certain other activities on our website, you have the option to register with us.

If you choose to register with us, each registration must be for a single user only. Please ensure that the details you provide are correct and complete, and inform us immediately of any changes to the information that you provided when registering.

You must make sure that you keep your password confidential. Do not share it or let anyone else access your account. Always ensure you log out of your account at the end of your session to avoid anyone else using it.

You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner. We may disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

Privacy and cookie statement

We use, store and process information about you in accordance with our cookie policy. By using our website, you consent to our use, storage and processing of your information in accordance with that statement.

We reserve the right to treat the tour as cancelled and levy cancellation charges if the full payment is not received by the due date. In any event, you will be responsible for payment of any additional costs that may arise as a result of your late payment. If you are going to be away from home when the tour payment is due, please make arrangements with our office for early payment.

Website content including user-generated content

If you have a complaint about any content on (or sent via) our website please notify us immediately by email at Please note that no action can be taken until we receive a fully completed Report content form.

You must not post or transmit to our website any material:

  • that is knowingly false or misleading, defamatory, illegal, abusive, vulgar, hateful, harassing, liable to incite racial hatred, blasphemous, discriminatory, pornographic, sexually oriented, threatening or invasive of a person's privacy.
  • which you do not own or for which you have not obtained all necessary licences and/or approvals.
  • which is technically harmful (including, among other things, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
  • impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with anyone or any entity.

If you post or transmit to our website material of the type prohibited under term 6.1 above (or which otherwise results in a claim or action against us) and we incur any costs, expenses, liability or losses as a result, then you agree to indemnify us for all such costs, expenses, liability and losses.

If you post or transmit any material to our website ('contribution'):

  • you grant us a non-exclusive, perpetual, royalty free, worldwide licence to use, highlight, comment, modify or reproduce your contributions in whole or part, in whatever form, on our websites, social media pages and other communications and publications.
  • by submitting a contribution you waive your moral rights including the right to be identified as the author of the content.
  • you grant us the right to use the name that you submit in connection with that material; and
  • we shall be entitled to reveal your identity (or any information which we have about you) to any third party who claims that any of that material violates any of their rights or to any government or regulatory authority that is entitled or requires us to do so.

We may remove or edit any material or posting you make on our website at any time.

Party political or any other views and opinions expressed in user contributions to our website do not represent the views or opinions of Trebrown Nurseries. We encourage open debate. However, comments or opinions expressed in contributions posted by our website users are attributable only to the individual contributors.

Intellectual property rights

You acknowledge that all copyright, trademarks and other intellectual property rights in our website and all photographs, footage, designs, images, text, software, data and other material in our site or generated by our site are owned by us or our licensors. You are permitted to use the site and this material only as expressly authorised by us.

You are permitted to print and download extracts from our websites for your personal non-commercial use and for private study, provided in each case that:

  • copyright and source indications are also printed and copied.
  • no modifications are made to the materials and they are not used as part of any other publication.
  • any document is printed and copied entirely and is not used in a derogatory or misleading context; and
  • the material is not used in a manner which may damage our reputation or otherwise be harmful to us or impair our ability to achieve our objectives.

No other use of material on our website may be made without first obtaining our written permission. In particular, you must not do the following unless you have first obtained our written permission:

  • incorporate any material from our site in any other work or publication, whether in hard copy or electronic form; nor
  • make any commercial use or publication of any material on our site (other than as necessary for the purpose of viewing the site in the course of business).

If you wish to use any material from our site other than in accordance with term 7.2 above please email your request to us with the subject line 'Permissions request'.

The photographic, text and other graphic images within any products or publications supplied to you are copyright works and none of them may be copied, reproduced, licensed or otherwise exploited.

The Trebrown Nurseries name and logo are trademarks of Trebrown Nurseries. Other logos and names used on our sites may also be the trademarks of Trebrown Nurseries or their respective owners. No permission is given by us in respect of the use of any such trademarks, names or logos and such use may constitute an infringement of the holder's rights.

Any rights not expressly granted in these Terms are reserved.

Advertisers and sponsors

We may from on occasion allow companies to advertise goods and services on our website. Whilst we will not knowingly run an advert that is untrue, or which relates to goods or services contrary to our objectives, the appearance of an advert does not mean that we endorse the advertiser's goods or services.

With the exception of products sold on this website, we are not responsible for the accuracy of any advertising material or for any advertised product or service.

Disclaimers

The information provided in our website is intended to provide general information only and should not be considered as a substitute for advice covering any specific situation. While we endeavour to ensure that the information on our website is correct, we do not warrant the accuracy and completeness of that information and we will not be held liable for any errors or omissions. The material on our website may be out of date, and we make no commitment to update such material.

The products which are supplied via our website have been designed to comply with the statutory legal requirements and relevant safety standards of the United Kingdom. We therefore make no representation or warranty that any product provided via or referred to in our site is compliant with health, safety or other legal requirements which apply outside the United Kingdom, or are otherwise suitable for use outside of the United Kingdom.

You may not access our site from countries where their contents are illegal or unlawful. If you do access our sites from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

We take every reasonable care to ensure that all orders and subsequent transactions are conducted via a secure link. However, the security of information and payments transmitted via the internet cannot be guaranteed and as we are not responsible for the operation of the secure link we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide.

We do not warrant that the functions contained in our site will be uninterrupted or error free, that defects will be corrected, or that our sites or the servers that make them available are free of viruses or bugs or represent full functionality, accuracy or reliability of the materials. We will not be liable for any loss, disruption or damage to your data or your computer system or any other damages (including amongst other losses, loss of profit or loss of use) arising out of your use or delay or inability to use our site, their content or any link to another website arising in contract, tort (including negligence) or otherwise except in the case of death or personal injury caused by our negligence.

Liability

We do not limit in any way our liability for fraud or death or personal injury caused by our negligence or breach of statutory duty or any other liability which cannot be excluded or limited under applicable law.

We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

  • loss or damage was not reasonably foreseeable to both you and us when you commenced using our site or when a contract for the supply of products by us to you was formed.
  • loss or damage was not caused by any breach by us, our employees or agents; nor
  • loss or damage relates to your business (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure).

Links

Our site may contain hyperlinks to third party websites. Such links are provided for your convenience only and we are not responsible for the websites' contents. The inclusion of links does not imply any endorsement of the material on those websites nor any association with their operators.

If you decide to access any of the third party websites linked to or from our websites, you do so entirely at your own risk and we are not responsible for any damage, loss or offence caused or alleged to be caused by or in connection with the content, information, advertising, services or products available on third party websites.

We cannot guarantee that these links will work all the time and we have no control over the availability of the linked pages. Please contact us if a link isn't working.

Our websites may also contain functionality provided by third party services. In engaging with these third party services, you are subject to their terms and conditions, and Trebrown Nurseries has no responsibility or liability in connection with those services or relationship.

Our website may also contain functionality provided by third party services. In engaging with these third party services, you are subject to their terms and conditions, and Trebrown Nurseries has no responsibility or liability in connection with those services or relationship.

If you wish to link from your website to any pages of our sites you may do so only on the basis that you link to, but do not replicate, the website page, and subject to the following conditions:

  • the linking text must simply consist of the website address.
  • you do not remove, distort or otherwise alter the size or appearance of any logos on our sites.
  • you do not in any way imply that we are endorsing any products or services.
  • you do not misrepresent your relationship with us nor present any other false information about us.
  • you do not otherwise use any Trebrown Nurseries trademarks displayed on our sites without our express written permission.
  • you do not link from a website that is not owned by you; and
  • your website does not contain content of the type referred to in term 6.1 or that does not comply with all applicable laws and regulations.

At any time and at our complete discretion we reserve the right to withdraw the permission to make website links to our sites.

General

If any provisions of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country which apply to these Terms, the remaining provisions of these Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms.

Events beyond our control. We will not be liable to you for any delay in delivering any services or order or for breach of our obligations, if the delay or breach is due to acts of God, civil commotion, riots, malicious damage, floods, drought, fire, epidemic, legislation, failure of ISP or telecommunications provider or any other cause beyond our reasonable control. This does not affect your statutory rights.

Law, courts and language

These Terms, use of our sites and the supply of products and services by us are governed by and to be interpreted in accordance with English and Welsh law. In the event of any dispute arising in relation to these Terms, use of our site or in relation to the supply of any products or services by us the appropriate UK courts will have jurisdiction over the dispute.

These Terms are provided in the English language only.

Provisions that apply when ordering products from our website

Availability

All orders for products are subject to availability and we reserve the right to refuse to supply to any individual or company.

Order submission

Your submission of an order represents an offer to purchase the products indicated by you and is not binding on us until we have accepted your order. This means that if a product is shown on our site but is not available or is incorrectly priced or otherwise incorrectly described or if we are unable to arrange delivery to your address or wish to decline your offer/application for any other reason, we will not be obliged to sell you that product. In this instance we will inform you and not charge for the product.

Order acknowledgement

Shortly after we receive your order, we will acknowledge it by email, detailing the products you have ordered. This email is issued automatically and does not mean that your order is accepted.

Information

We may contact you to obtain further information to enable your order to be evaluated or processed.

Products may differ slightly from the images shown. All sizes and dimensions of products as indicated on our site are approximate but we make every effort to make sure they are as accurate as possible.

We have made every effort to display as accurately as possible the colours of the images that feature on our sites. However, we cannot guarantee your monitor's display will accurately reflect the colour of the product.

Acceptance

Acceptance of your order for a product and completion of the contract between you and us will take place when we dispatch the product to you.

Any products on the same order which we have not dispatched to you do not form part of that contract.

Product price

The price you pay is the price displayed on our site at the time we receive your order apart from where an error has occurred in displaying the price.

While we try and ensure that all prices on our site are accurate, errors may occur. If we discover an error in the price of products you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.

If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the products, you will receive a full refund.

VAT

Prices displayed include VAT where applicable. Price and availability information is subject to change without notice.

Accuracy of details

You are responsible for ensuring the accuracy of the details provided on the order form.

Please take particular care when entering information to be used in or on any products, gifts cards or certificates to be personalised to your requirements.

Order details

We do not file details of your order for you to subsequently access direct on our website.

Payment for orders

We do not accept credit card payments on the website or over the phone. However, you may request a Paypal invoice through which you may pay via credit card. We can also accept cash on delivery for certain orders delivered by ourselves. We generally prefer payment via BACS transfer for all orders. We DO NOT except payment by cheque.

For orders from our shop, payment will be taken at the point of goods despatch. By which we will issue a proforma invoice for requested payment within 14 days

In case of query, please contact us quoting your order reference number.

Delivery

We will let you know what you will be charged for postage, delivery and packaging before you submit your order. This will be itemised on the proforma invoice.

Additional delivery charges may apply for offshore deliveries, or bulky or heavy items and you will be notified of any additional delivery charges during the order process and required to provide your confirmation that such charges will be included in your order and charged to your card prior to the goods being dispatched. If confirmation is not received, then the order cannot be processed and will be cancelled.

Express delivery is not available.

Please allow up to 30 days in case we are exceptionally busy. The delivery timescales stated are subject to availability of the products ordered and circumstances beyond our control. We make every effort to deliver products within the above timescales, however delays are occasionally inevitable.

If you do not receive your products within the time quoted above, please contact our support response team. If we fail to deliver your order within 30 days we will notify you of the reason for the delay and you may cancel your order and we will provide you with a refund for the products not delivered. We will have no other liability to you in the event of delay in delivery.

All deliveries will be made to you (or the recipient specified by you) at the address specified by you in your order.

We may, at our discretion and expense, deliver parts of your order separately. You will be responsible for the products as soon as they are delivered.

If we cannot deliver the products to you at the address you have specified for any reason (other than when we are at fault), we will notify you and store the products for up to 30 days. At our discretion we may either attempt to redeliver the products to you or issue you with a refund for the price paid less postage and handling charges.

Returns – if you change your mind

For most products you can cancel your order, either before or after we deliver it, by notifying us within 14 days of delivery (or where we deliver your order in instalments, within 14 days of the last item delivered) without giving any reason. You can do so by contacting our supporter care team by emailing us. To meet the cancellation deadline it is sufficient for you to tell us that you wish to cancel before the cancellation period has expired. You then have 14 days to get the products back to us for a refund.

This right to cancel does not apply to:

  • perishable products (e.g. food, seeds, flowers, plants or trees).
  • products once they have been combined with other products so that they are then inseparable.

Until you are sure that you want to keep the products you have ordered, you must carefully handle the products only to the extent that you would handle them if you were looking at the products or carefully trying them on in a shop, in order to establish the nature, characteristics and functioning of the products. You must not otherwise use or wear them. Products must be returned to us in their original packaging, with all tags intact and in good, re-saleable condition and unused.

If the right to cancel applies and you want to return your order once you have received it, for either a refund or exchange, fill out the accompanying delivery slip, package the relevant item securely and send them both to us within 15 days of delivery (or 15 days of you notifying us of your wish to cancel your order as above) using the label provided on the delivery note.

For your protection, we recommend that you use a recorded delivery service. Until the products are returned to us, you must not use them and must take reasonable care of them and ensure that they are returned to us in a re-saleable condition.

Information about how to return products for an exchange or refund is included with each shipped order along with your delivery slip. Please note that you will be responsible for the cost of returning products to us unless we deliver the item to you in error or it is faulty.

Refunds

If you cancel (and where already delivered, return) your order in accordance with the above provisions, we will refund to you:

  • the purchase price for the item cancelled/returned.
  • the standard delivery charge for the item cancelled/returned. Note – where you ordered a number of items and only cancel/return some of them, delivery charges will not be refunded except for such part of delivery charges that relate specifically to the items returned. Any extra charges for express delivery will also not be refunded.

When making a refund (other than a refund for a faulty product), we will deduct from the sum to be refunded any reduction in the value of the products returned caused by you using, wearing or handling the products beyond the manner in which you would handle the products if you were looking at them, or trying them on, in a shop.

Any refund issued under these provisions will be made, using the same means of payment as you used for your order, within 14 days of:

  • us receiving the products back. Or
  • (if earlier) you providing evidence that you have returned the products. Or
  • if you cancel before we despatch the products, of you telling us that you want to cancel your order.

You will not incur any fees as a result of the refund but we will not make the refund until we have received the products back or you have supplied evidence of having sent back the products, whichever is earliest.

Trees and other perishable products

Please note that we cannot accept returns of trees or other perishable goods unless they are defective.

Please check your tree as soon as you receive it. If you believe that your tree is defective, it may be that your sapling is in a dormant state, which you can check by scraping back a small piece of bark to see if pale new wood lies beneath.

If having checked your tree as described above, you still think that the tree you have received is defective and you would like to return it for a refund or replacement please contact our supporter care team by emailing us within ten (10) days, but no later than thirty (30) days, of receiving your tree.

Returns – faulty products

By law you are entitled to receive products which are as described, fit for purpose and of satisfactory quality and our aim is to make sure that you do.

If you do receive a product which is faulty and would like to request a refund or replacement please contact our customer care team as soon as possible.

You can find out more about your rights as a consumer on the Citizens Advice Bureau website.

For replacement or refund of the product you will need to return it to us. Our customer care team will help you do this by arranging collection in the case of items unsuitable for return by post.

Customer Service

We hope that you are happy with your products and the service you receive, but should you have any queries or problems please contact our customer care team by email at:

We will try to resolve your complaint as quickly as possible but if we are unable to do so you may refer your complaint to an European Commission registered ADR provider and we will cooperate with the ADR provider in trying to find a mutually acceptable resolution.