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Have received the two trees I ordered, quince and apricot, thankyou, shall come to you again, excellent service.
Jackie Rogers, ASHFORD

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Trading Policy

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

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

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

Definitions & Interpretation

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

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

Delivery Area
Addresses within England, Wales, Scotland, Northern Ireland and Eire.

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

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

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

Company Information

Victoriana Nursery Gardens is a trading name of Floriculture International Limited
Our Company Registration Number is: 3002616.
Our Registered Office is at: Roxburghe House, 273-287 Regent Street, London W1B 2HA.
Our VAT Registration Number is: 661 9677 91.
Our Data Protection Act Registration Number is: PZ9310721.
We are a DEFRA Registered Seed Packer; our Registration Number is: 1067.

Postal Address & Contact Details

Victoriana Nursery Gardens
Buck Street
Challock
Ashford
Kent
TN25 4DG
Telephone: 01233 740529 Email: info@victoriananursery.co.uk
Facsimile: 0203 292 1529

Basis Of The Sale

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

We aim to give you a clear idea of the nature of the plants we sell. However, you appreciate that there are inevitably slight variations in size, shape and colour between different specimens. Illustrations, descriptions other information as to particular plants are approximate and for guidance only. We may in our sole discretion from time to time vary the nature of the Goods from that advertised without notice to you, so long as these variations are not material alterations.

Details Of The Order

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

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

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

Price of the Goods

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

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

Payment Terms

We will charge your credit or debit card upon receipt of order unless delivery cannot be fulfilled within 30 days.

Obviously some subjects are seasonal by nature, i.e. we cannot lift and dispatch open ground grown hedging items or fruit trees in the middle of summer, similarly we rarely dispatch aquatics in the winter due to the fact they are dormant. For orders that cannot be fulfilled within 30 days over £30 in value we will debit a 25% deposit at the time of the order being placed with the balance being debited on or shortly before dispatch day. For pre-season orders under £30 in value the full order value will be debited at time of order placement.

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

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

We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this Web Site, unless this is solely due to our negligence.

Delivery

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

We will deliver the Goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver.

All orders sent by courier will be 'left safe' if you are unavailable to sign for them, unless you specifically request that we do not do this. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.

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

We will aim to deliver within the quoted time frame but delivery times are not guaranteed.

Risk and Ownership

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

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

Returns / Options To Cancel

Returns
Please visit our Returns Policy page for full information.

Cancellations
In accordance with the Distance Selling Regulations, you have the right to cancel your order at any time up to 7 working days after receipt. Please note that this does NOT extend to perishable items including living plants, bulbs, potatoes, shallot sets, bare root plants, fruit trees, or fruit plants. If you wish to cancel an order please contact us within 7 working days after receipt. You must take reasonable care of the goods whilst in your possession and they must be returned to us, promptly, at your cost. We can arrange collection of larger items, but you will be charged for this service at cost.

If the reason for return / cancellation is 'not our fault', we reserve the right to withold the carriage costs incurred by us in delivering the item to you and any credit / debit card transaction charges we may have incurred.

Warranties

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

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

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

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

Liability

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

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

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

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

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

We assume no responsibility for the contents of any other web sites to which this Web Site has links.

Matters out of our control

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

Changes

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

Complaints

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

General

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

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

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

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

Governing law and jurisdiction

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

Promotions

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