Terms and Conditions

These terms explain how we sell goods through our website and how we provide garden design consultations. Please read them before placing an order or booking a consultation. They apply to consumers buying mainly for personal use. If you are buying for a business, please contact us for the terms that apply to trade purchases.

1 About us and how to contact us

We are Westfield Nurseries Ltd, a company registered in England and Wales under company number 16143533. Our registered and trading address is Station Road, Whittlesey PE7 2EX. Our delivery address is Station Road, Whittlesey, Peterborough PE7 2EX. Our VAT registration number is 482748551. The company director is Alessia Taccogna.

You can contact us by email at hello@westfield-nurseries.com, by telephone on 01733 206688, or by post at our registered and trading address. Our website is https://westfield-nurseries.com (opens in new tab). When these terms require written notice, email is acceptable unless we state otherwise.

2 These terms and your contract with us

These terms apply to online and telephone orders for plants, pots, herbal products, fertilisers, bio-fertilisers, biocides and other garden products, and to garden design consultations booked at a distance. Product-specific instructions, consultation proposals and any written quotation also form part of the contract.

Your statutory rights are not affected by these terms. If a provision conflicts with a right that the law does not allow us to limit, that legal right will apply.

3 Online orders and contract formation

The website guides you through the steps needed to place an order. Please check your basket, delivery details and contact information before submitting it.

Our order acknowledgement confirms that we have received your order; it does not mean we have accepted it. We accept your order when we send a dispatch confirmation or make the goods available for collection. A contract is formed at that point. If we cannot accept an order, we will tell you and refund any payment taken.

You must be at least 18 years old to place an order. We may refuse or cancel an order where a product is unavailable, a price or description contains an obvious error, delivery is not possible, or sale would be unlawful.

4 Products and availability

We take reasonable care to describe and photograph products accurately. Screen settings may affect colour, and natural materials and living plants will vary. Plant size, shape, flowering stage and seasonal appearance may differ from photographs without being defective.

The vast majority of our plants are supplied in biodegradable pots. These pots are designed to reduce plastic use and may soften, mark or change appearance when exposed to moisture. This is a normal feature of the material. Follow the planting and handling instructions supplied with the plant.

All products are subject to availability. We will not substitute a materially different product without your agreement. We may withdraw products or limit quantities where necessary.

5 Prices and payment

Prices are shown in pounds sterling and include VAT at the applicable rate. Delivery charges are displayed before you place an order. We may change prices at any time, but a change will not affect an order we have already accepted.

We accept [PAYMENT METHODS]. Payment is taken [WHEN PAYMENT IS TAKEN]. You confirm that you are authorised to use the payment method provided.

If a price is clearly incorrect, we may reject the order and refund any sum paid. If the error could reasonably have been recognised, we do not have to supply the product at the incorrect price.

6 Delivery and collection

We deliver to [DELIVERY AREAS]. Available methods, charges and estimated delivery dates are shown at checkout. Unless we agree otherwise, we will deliver without undue delay and no later than 30 days after the contract is formed.

Plants and other weather-sensitive goods may be held briefly where dispatch would create a material risk of damage. We will notify you if this affects the estimated delivery date. Your legal remedies for late delivery remain available.

Delivery is complete when the goods are delivered to the address you gave us, collected by you, or collected by a carrier arranged by you that we did not offer. Risk passes to you at that time. Ownership passes when we receive payment in full.

Please inspect the delivery promptly. If anything arrives damaged, incomplete or incorrect, contact us as soon as reasonably possible at hello@westfield-nurseries.com and include photographs where helpful. Prompt notice helps us resolve the issue but does not reduce your statutory rights.

7 Plants and other living products

Living plants respond to weather, soil, watering, handling and aftercare. Any guidance we provide is general unless we have assessed your site as part of a consultation. You remain responsible for checking that a plant is suitable for your location, household, pets and intended use.

We will supply plants that meet the contract when they are delivered. We cannot guarantee establishment or continued growth where loss results from unsuitable planting, neglect, extreme weather, pests, disease introduced after delivery, misuse or failure to follow reasonable care instructions. This does not affect your rights where a plant was faulty, damaged, misdescribed or unfit for an agreed purpose when supplied.

Where required for distance sales, regulated plants will be accompanied by the applicable plant passport or traceability information. Do not remove or alter regulatory labels before you have checked them.

8 Herbal products

We import selected herbs from Italy and pack them ourselves. Each product must be used and stored only as stated on its label and product page. Check ingredients and allergy information before use.

Product descriptions do not replace medical advice. If you are pregnant, breastfeeding, taking medication, receiving treatment, have an existing medical condition or are unsure whether a product is suitable, seek advice from an appropriately qualified healthcare professional before use. Stop using a product and seek advice if you experience an adverse reaction.

We will describe each herbal product according to its lawful classification. A product will be marketed as a traditional herbal medicine only where the required registration, labelling and information apply. Unless a product is expressly identified as an authorised or registered medicine, it is not sold to diagnose, treat, cure or prevent disease.

9 Biocides fertilisers and garden treatments

Use biocides, fertilisers, bio-fertilisers and other garden treatments responsibly and only in accordance with the label, safety information and permitted uses. Keep them away from children, pets, food and watercourses, and use any protective equipment specified by the manufacturer.

The product controls, specifications, safety information, labels and instructions are those supplied by the relevant manufacturers, and we do not alter them. We sell biocidal products only for the user categories and territories for which they may lawfully be supplied. You are responsible for checking that a product is suitable for your intended use and for following the manufacturer’s instructions. Contact us before purchase if you need product information that is not shown online.

10 Your right to cancel an online goods order

For most goods bought online or by telephone, you may cancel without giving a reason within 14 days after the day on which you, or a person nominated by you, receives the goods. If one order is delivered in separate instalments, the period normally runs from the day after the last item is received.

To cancel, send a clear statement by email to hello@westfield-nurseries.com or by post to Westfield Nurseries Ltd, Station Road, Whittlesey PE7 2EX before the cancellation period ends. You may use the model cancellation form at the end of these terms, but you do not have to.

After cancelling, you must return the goods within 14 days to the return address we confirm in writing. Unless the goods are faulty, misdescribed or we agree otherwise, you are responsible for the direct cost of return. Please package goods securely and obtain proof of posting. Contact us before returning any plant or item that cannot normally be returned by post so that return arrangements and likely costs can be discussed.

We will refund the price and the cost of our least expensive standard delivery option. We may reduce the refund to reflect loss in value caused by handling beyond what would reasonably be allowed in a shop. If the goods have been sent, we will make the refund within 14 days after receiving them back or receiving evidence that you sent them back, whichever is earlier. If the goods have not been sent, we will refund you within 14 days after you tell us that you are cancelling. We will use the original payment method unless agreed otherwise.

11 Exceptions to change of mind cancellation

The statutory right to cancel does not apply, or may cease to apply, to certain goods. Relevant examples may include:

• plants or other goods that are liable to deteriorate or expire rapidly;
• goods made to your specification or clearly personalised;
• sealed goods that are not suitable for return for health protection or hygiene reasons once unsealed; and
• goods that become inseparably mixed with other items after delivery.

We will not treat every plant or herbal product as automatically excluded. The exception will be applied only where the nature and condition of the particular product bring it within the law. Your rights in relation to faulty, damaged or misdescribed goods are not affected.

12 Faulty damaged or misdescribed goods

Goods must be as described, of satisfactory quality and fit for any purpose that you made known to us and that we accepted. If they do not meet those standards, you may have a legal right to reject them, obtain a repair or replacement, or receive a full or partial refund.

Contact us at hello@westfield-nurseries.com with your order details and a description of the problem. We will explain the available remedy and, where appropriate, arrange or reimburse reasonable return costs. Nothing in this section limits your rights under the Consumer Rights Act 2015.

13 Garden design consultations

Our on-site garden design consultation is an advisory service. During the visit, Alessio will discuss your priorities and how you would like to use the garden, and may consider layout, style, planting, materials, views, circulation and optional features. Where appropriate, he may mark out proposed areas to help you visualise their position and scale.

The consultation may take place with your architect, builder, garden designer, landscaper or other appointed professional. We recommend involving us early where the garden must be coordinated with wider works.

Following the consultation, you will receive a personalised Garden Design Recommendations and Estimate Report. The content and level of detail will reflect the information available and the scope agreed at booking.

14 Consultation fees travel and payment

The on-site consultation fee starts from £360 including VAT for properties within a 25-mile radius of our St Ives studio or Whittlesey garden centre. The final fee depends on the location, scope and expected duration and will be confirmed before booking.

Properties more than 25 miles from either location require a tailored quotation, which may include reasonable travel time and expenses. The consultation fee is payable in advance by [PAYMENT METHOD]. The appointment is not confirmed until we have accepted the booking and received cleared payment.

15 Cancelling or rearranging a consultation

If you book a consultation online or by telephone, you normally have 14 days from the day after the contract is made to cancel it without giving a reason. To cancel, email hello@westfield-nurseries.com or use the model cancellation form. We will refund sums due within 14 days after you tell us that you are cancelling.

If you ask us to provide the consultation during the 14-day cancellation period, you must expressly request an early start. If you then cancel after the service has begun, we may charge a proportionate amount for the service already provided. If the consultation is fully performed during that period, your right to cancel will end only if you expressly requested early performance and acknowledged that completion would end that right.

Subject to those statutory rights, our appointment policy is to provide a full refund when we receive written cancellation at least 48 hours before the appointment. If less than 48 hours’ written notice is given, we may retain a reasonable amount to cover the loss caused by the late cancellation, up to the consultation fee. We will take reasonable steps to reduce that loss, including offering the appointment to another customer where practicable.

If you want to rearrange, contact us as soon as possible. We will try to offer an alternative date, but this depends on availability. If we cancel, we will offer a new appointment or refund the consultation fee in full.

If we cannot gain access at the agreed time, the site is unsafe, or important site information has been withheld, we may treat the appointment as a late cancellation or charge for additional time and travel, but only to the extent reasonable in the circumstances.

16 Consultation information and site conditions

You must provide accurate information that may affect the advice, including known boundaries, access restrictions, utilities, drainage issues, level changes, planning constraints, protected trees, pets and hazards. You must ensure safe and reasonable access to the site at the agreed time.

Our consultation, markings, recommendations and estimates are based on visible conditions and the information supplied. They are not a measured survey, planning opinion, engineering design, drainage design, structural design, arboricultural report or construction document. Boundaries, dimensions, levels, services and ground conditions must be checked by appropriately qualified professionals before construction or purchasing significant quantities of plants or materials.

Plant recommendations are subject to local conditions, availability and seasonal variation. Mature size, toxicity, hardiness, soil and light requirements should be checked before purchase and planting.

17 Design drawings and further work

Concept plans, planting plans, perspective sketches and other drawings discussed during the consultation can be prepared for an additional design fee. We will provide a separate written quotation before starting that work. When setting the fee, we may take into account whether you intend to buy plants from us, appoint us for landscaping work, or both.

Unless a written quotation states otherwise, drawings are conceptual and not to be used as survey, technical, setting-out or construction drawings. Any landscaping, planting, supply, installation or maintenance work will be governed by a separate quotation or contract.

18 Intellectual property

We retain copyright and other intellectual property rights in our reports, plans, drawings, photographs and written materials. Once all relevant fees have been paid, we grant you a non-exclusive licence to use the material for your own garden project at the property identified in the document.

You must not reproduce, sell, publish or adapt our design material for another property or commercial purpose without our written permission. You may share it with professionals working on your project, provided they use it only for that project.

19 Our responsibility to you

We will provide services with reasonable care and skill. We are responsible for losses that are a foreseeable result of our breach of contract or failure to use reasonable care and skill. We are not responsible for losses that were not foreseeable when the contract was made.

These terms do not exclude or limit liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or breach of your statutory rights.

Because these terms apply to consumers, we are not responsible for business losses such as loss of profit, revenue, opportunity or business interruption. If you use products or services for business purposes, please ask us for the applicable trade terms.

20 Events outside our reasonable control

We are not responsible for delay or failure caused by an event outside our reasonable control, including severe weather, transport disruption, supplier failure, plant health restrictions or interruption of utilities. We will contact you as soon as reasonably possible, take reasonable steps to reduce the effect and provide any cancellation or refund rights required by law.

21 Privacy

We use personal information as described in our Privacy Policy. Our Cookie Policy is part of our Privacy Policy. Please read those policies alongside these terms.

22 Complaints

Complaints must be submitted by email to hello@westfield-nurseries.com. Please include your order or booking reference and a clear description of the issue. We will provide a response within seven calendar days of receiving your complaint.

If we cannot resolve a consumer complaint directly, we will provide information about any alternative dispute resolution body that is competent to deal with the complaint and state whether we are willing or required to use that procedure. You may also seek advice from Citizens Advice or your local Trading Standards service.

23 Changes to these terms

We may update these terms from time to time. The terms in force when we accept your order or consultation booking will apply to that contract, unless a change is required by law or you agree to it.

24 General terms

If a court finds part of these terms unlawful, the remaining provisions will continue in effect. A delay in enforcing a right does not waive that right. You may transfer your rights only with our written agreement, except where the law permits otherwise. We may transfer our rights and obligations if this does not reduce your rights under the contract.

The contract is between you and us. No other person has a right to enforce it under the Contracts (Rights of Third Parties) Act 1999.

25 Governing law and courts

These terms are governed by the law of England and Wales. You may bring proceedings in the courts of England and Wales. If you live in Scotland or Northern Ireland, you may also bring proceedings in your local courts and may have additional mandatory rights under local law.

Model cancellation form

Complete and return this form only if you wish to cancel an eligible contract. You may instead send any clear written statement of cancellation.

To: Westfield Nurseries Ltd, Station Road, Whittlesey PE7 2EX, hello@westfield-nurseries.com

I/We give notice that I/We cancel my/our contract for the sale of the following goods or supply of the following service:

Ordered or booked on:

Received on, for goods:

Order or booking reference:

Name of consumer:

Address of consumer:

Signature of consumer, only if sent on paper:

Date: