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Open today from 09:00 until 18:00
  •  Est. 1983
  •  Free deliveries from £150
  •  Expert Horticultural Advice
  •  Based in Yarrow Valley Country Park

Terms & Conditions

General terms and conditions

This page and our Privacy Policy sets out information about us and the legal terms and conditions (Terms) on which we sell any of the goods listed on our website to you.

Information about us

This site is owned and operated by Birkacre Nurseries Limited  ('Birkacre', 'we' or 'us'). Registered office: Birkacre Garden Centre, Birkacre Road, Chorley, PR7 3QL; registered number 5104667 (England and Wales).

Contacting us:

(a) If you want to ask us anything about these terms and conditions or your order or have any comments or complaints on or about our website, please contact us on 01257 270473 or email [email protected]. (b) To cancel a contract you just need to let us know that you have decided to cancel. Please see clause 5 below for details on how to do this. (c) If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.

Ownership of rights

All rights, including copyright, in this website are owned by or licensed to Birkacre. You may not modify, distribute or re-post anything on this website for any purpose. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of Birkacre.

Accuracy of content

Birkacre has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. All prices are displayed inclusive of VAT. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery. To the extent permitted by applicable law, Birkacre disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. Birkacre shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website. The views expressed in user generated content are the opinions of those users and are not necessarily those of Birkacre.

Damage to your computer system

Birkacre makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer system. It is your responsibility to ensure that your computer system is protected from viruses or other malicious code. Birkacre shall not be liable to any person for any loss or damage which may arise to computer systems as a result of using this website.

Availability

All items are subject to availability. We will inform you by email as soon as possible if the goods you have ordered are not available.

Ordering errors

If, after placing your order you discover an error, please call us immediately on 01257 270473

Delivery charges

Delivery charges vary depending on the type of products ordered, the service you select and the delivery address. For full details of our delivery charges please refer to our delivery services and charges section.

PURCHASE OF PRODUCTS

1. Creating the contract.

1.1 You place an order on the website by selecting an item and following the instructions. 1.2 You will have an opportunity to change your order up until you click the 'Confirm payment' button. 1.3 After you have submitted your order you will receive an order acknowledgement email from us. Please note that this email is an acknowledgement and not acceptance of your order. Please check your Spam or Junk Mail folder if you have not received your acknowledgement email within 45 minutes of placing your order. 1.4 If you are paying debit or by credit card or through PayPal, we will authorise your debit or credit card or PayPal payment. 1.5 Once payment has been authorised, and we have determined the availability of stock, we will arrange for the delivery of the goods to you. Acceptance of your order and the creation of a legally binding contract between us will only occur when we send you a second email or contact directly via telephone, which confirms acceptance and contains the details of how your goods will be delivered to you (Dispatch Confirmation). 1.6 We reserve the right to decline all or part of any order for any reason whatsoever and should this occur we will email you with the details. 1.7 It is recommended that you retain all e-mails relating to your order and contract. 1.8 The details of your specific contract are held on file by us. Should you require any information regarding your order, please feel free to contact us.

2. Payment.

2.1 We accept payment by debit card and credit card. 2.2 Once your order is received we will process the payment for your order through the credit or debit card account details you have provided. In the event of there not being sufficient stock to satisfy your order you will be informed as soon as possible. A refund will be processed through the payment method used for the payment of the order. 2.3 We do not operate a 'cash on delivery' system. 2.4 We will advise you if your payment details cannot be authorized for any reason and we may then invite you to pay by another method. 2.5 All prices and charges on this website are quoted in UK pounds sterling. The price you pay for your order is that price which is displayed on the website. Prices include VAT at the prevailing rate unless otherwise stated, but exclude delivery charges. Delivery charges are calculated as part of the checkout process, based on the location of your delivery address and weight of products ordered. If we discover an error in the price of the goods you have ordered we will inform you as soon as possible and give you the option of either reconfirming your order at the correct price or cancelling the order. If we are unable to contact you we will treat the order as cancelled and you will receive a full refund.

3. Security and clearing.

3.1 All credit and debit card payments that are made on our website are protected by a secure connection. This secure connection ensures that your credit or debit card is encrypted prior to being transferred to the bank for authorisation. 3.2 As an additional security measure, no credit or debit card details submitted online are stored directly by us once your order has been processed.

4 Damaged or defective goods.

4.1 Every effort will be made to ensure that the goods you have ordered arrive undamaged and without defect. If the goods are found to be either damaged or defective in any way at the time of delivery, you must immediately contact us on 01257 270473. If damage is discovered after delivery, you must contact us as provided in clause 5 below. 4.2 If the goods are damaged, and we are unable to repair the item to reasonably satisfactory manufacturing standards, we will send a replacement item upon confirmation of the damaged item's return. 4.3 If the goods are found to be defective we will refund the full amount paid by you for the goods in question (including the delivery charges) as soon as possible, together with any return delivery charges you may have reasonably incurred if you have undertaken to return the items yourself, using the same form of payment originally used for the purchase.

5 Consumer Cancellation right

This clause 5 only applies if you are a consumer. 5.1 If you are a consumer, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 5.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a product, you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the contract is available from your local Citizens' Advice Bureau or Trading Standards office. 5.2 However, this cancellation right does not apply in the case of: 5.2.1 any goods which become mixed inseparably with other items after their delivery; or 5.2.2 flower, plant, food (human and animal) or similar goods which are perishable or liable to deteriorate or expire rapidly; 5.2.3 goods which are made to your bespoke specifications or which are personalised in any way; 5.2.4 any goods with a seal where the seal is broken. 5.3 Your legal right to cancel a contract starts from the date of the Dispatch Confirmation (see clause 1.5 above), which is when the contract between us is formed. Your deadline for cancelling the contract then depends on what you have ordered and how it is delivered, as set out in the table below:

Your contract is for a single item (which is not delivered in instalments on separate days).

The end date is the end of 14 days after the day on which you receive the item. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the item on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

Your contract is for either of the following: a) one item which is delivered in instalments on separate days. b) multiple goods which are delivered on separate days.

The end date is 14 days after the day on which you receive the last instalment of the goods or the last of the separate goods ordered. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your goods or the first of your separate goods on 10 January and the last instalment or last separate goods on 15 January you may cancel in respect of all instalments and any or all of the separate goods at any time between 1 January and the end of the day on 29 January.

Your contract is for the regular delivery of goods over a set period.

The end date is 14 days after the day on which you receive the first delivery of the goods. Example: if we provide you with a Dispatch Confirmation on 1 January in respect of goods to be delivered at regular intervals over a year and you receive the first delivery of your goods on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all goods to arrive during the year.

5.4 To cancel a contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form [INSERT LINK TO FORM] on our website. A link to the website cancellation form will also be included in the Dispatch Confirmation. If you use this method we will email you to confirm we have received your cancellation. 5.5 You can also e-mail us at [email protected] or contact us by telephone on 01257 270473 or by post to our address as detailed above. If choosing this method of cancellation, please include all details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day. 5.6 If you cancel your contract we will: 5.6.1 refund you the price you paid for the goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop (which, for the avoidance of doubt includes, without limitation removing any plant item from its container, planting any plant item, using the goods in the garden or home or any other handling which results in damage to the goods). 5.6.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a goods within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. 5.6.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

if you have received the goods and we have not offered to collect it from you: 14 days after the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return a goods to us, see clause 5.8 below;

if you have not received the goods or you have received them and we have offered to collect them from you: 14 days after you inform us of your decision to cancel the contract.

5.7 We will refund you via the same payment method used by you to pay for the goods. If you used vouchers to pay for the goods we may refund you in vouchers. 5.8 If goods have been delivered to you before you decide to cancel your contract: 5.8.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract. You can either send it back or return it to us in store-; 5.8.2 unless the goods are faulty or not as described (in this case, see clause 4), you will be responsible for the cost of returning the goods to us. If the goods are those which cannot be returned by post, we estimate that if you use the carrier which delivered the goods to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the goods from you, we will charge you the direct cost to us of collection; 5.9 Because you are a consumer, we are under a legal duty to supply goods that are in conformity with this contract. As a consumer, you have legal rights in relation to goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 5 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

6 Cancellation by us.

 

6.1 We reserve the right not to accept any order request if: 6.1.1 We or any of our Suppliers have insufficient stock to deliver the goods you have ordered; 6.1.2 We do not deliver to your area; 6.1.3 One or more of the goods ordered was incorrectly described or priced on the website; 6.1.4 The payment transaction is not authorised. 6.2 If we do cancel your contract we will notify you by email and will refund to you any sum paid by you to us in respect of the contract as soon as possible and in any event within 14 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

7 Links to other websites.

7.1 We may have links on this website to other websites we think you may wish to visit. We do not vet these websites and have no control over their contents. Birkacre cannot accept any liability in respect of the use of these websites.

8 Other legal notices.

8.1 There may be legal notices on other areas of this website which relate to your use of this website, all of which will, together with these terms and conditions, govern your use of this website.

9 Changes to legal notices

9.1 We reserve the right to change these terms and conditions from time to time and you are invited check them as often as possible. 9.2 Unless otherwise specified, the materials on this website are displayed solely for the purposes of promoting Birkacre products and services available in the UK. 9.3 At Christmas, we will be busy. Should you not require delivery until after the Christmas/New Year period, please inform our sales staff. We will be happy to delay your delivery until post New Year. 9.4 Will it fit? If you are ordering furniture, please remember to make a note of your furniture's dimensions and check that it will fit into your house and your chosen room.

10 Payment.

10.1 All card transactions will be processed when your order is complete and must be fully processed before goods are dispatched.

11 Delivery.

11.1 All goods purchased will be delivered within 30 days after the date of the Dispatch Confirmation unless agreed otherwise by you in writing. 11.2 All orders are delivered within the UK by our chosen courier service. Please see our delivery page for an up to date list of delivery options and prices. Occasionally, the delivery of items may be delayed or postponed. We will, or course, make every effort to keep you informed and discuss revised delivery timescales. 11.3 If we miss the 30 day delivery deadline for any goods then you may cancel your order straight away if any of the following apply: (a) we have refused to deliver the products; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or 11.4 (c) you told us before we accepted your order that delivery within the delivery deadline was essential If you do not wish to cancel your order straight away, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline. 11.5 If you do choose to cancel your order for late delivery under clause 11.3 or clause 11.5, you can do so for just some of the goods or all of them, unless splitting them up would significantly reduce their value. If the goods have been delivered to you in the meantime, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled products and their delivery.

12 On delivery.

12.1 Before our delivery team arrives, please ensure that there is sufficient ground floor access and that the room itself has enough space to accommodate your new goods.

13 Aftercare service.

13.1 Our products are manufactured to the highest standards. Look after them according to the care instructions and it will give you good service. Should you have any issues please contact us using the contact details above (in all cases you will be dealt with in accordance with your legal rights).

14 Unforeseen circumstances.

14.1 While every effort is made to meet our customers' demands, cancellations or variations may be necessary as a result of an Act of God, war, strike, lockout, labour dispute, fire, flood, drought, or other causes beyond our reasonable control.

15 Manufacturer Guarantees

15.1 Some of the goods we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the goods. 15.2 If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

16 Our liability if you are a business.

This clause 16 only applies if you are a business customer. 16.1 We only supply the goods for internal use by your business, and you agree not to use the goods for any resale purposes. 16.2 Nothing in these Terms limits or excludes our liability for: 16.2.1 death or personal injury caused by our negligence; 16.2.2 fraud or fraudulent misrepresentation; 16.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or 16.2.4 defective products under the Consumer Protection Act 1987 16.3 Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for: 16.3.1 any loss of profits, sales, business, or revenue; 16.3.2 loss or corruption of data, information or software; 16.3.3 loss of business opportunity; 16.3.4 loss of anticipated savings; 16.3.5 loss of goodwill; or 16.3.6 any indirect or consequential loss. 16.4 Subject to clause 16.2, our total liability to you in respect of all losses arising under or in connection with this contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products supplied under this contract. 16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.

17 Our liability if you are a consumer.

This clause 17only applies if you are a consumer. 17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. 17.2 We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 17.3 We do not in any way exclude or limit our liability for: 17.3.1 death or personal injury caused by our negligence; 17.3.2 fraud or fraudulent misrepresentation; 17.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); 17.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and 17.3.5 defective products under the Consumer Protection Act 1987

18 Complaints and remarks.

18.1 If you have a complaint or a particular remark to make please do not hesitate to contact us immediately by telephone or email as set out above. 18.2 Any complaint will be dealt with fairly, effectively and confidentially. Your statutory rights as a consumer are unaffected. 18.3 If we cannot settle a customer complaint after exhausting internal complaint handling procedures, please see The Retail Ombudsman - http://www.theretailombudsman.org.uk/

19 Contractual capacity.

19.1 In order to be eligible to enter into a contract with us to purchase goods through the website you must: - provide the required information including your real name and payment details including your card address; provide your delivery address if different from your card address; provide your email address and telephone number; be 18 or over.

20 Invalidity

20.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected.

21 Law

21.1 These terms and conditions shall be governed by and construed in accordance with English Law and you hereby agree to be subject to the jurisdiction of the Courts of England and Wales. All contracts are concluded in English.

22 Data Protection and Privacy

22.1 Information you provide to us remains confidential. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully and in accordance with the Data Protection Act 1998. We collect information about you for two reasons: firstly, to process your order and, secondly, to provide you with the best possible service. You specifically authorise us to transmit information to or to obtain information about you from third parties (including, but not limited to, your debit or credit card number), to authenticate your identity, to validate your debit or credit card and to authorize the transaction. You acknowledge that you consent to the processing of such information. Please review our Privacy Policy, the terms of which you acknowledge and agree to be bound by. Should you wish to contact us regarding our Privacy Policy please feel free to do so.

23 Entire agreement

23.1 These terms and conditions, together with our current website prices, delivery details, contact details and Privacy Policy, set out the whole of our agreement relating to the supply of goods to you by us. 23.2 Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorised representation of the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.