Terms and Conditions

 

1. Prices and Payment

All prices in the catalogue are quoted in Great British Pounds (£) and are valid until 31st March 2019.  VAT is payable at the prevailing rate.  All prices in this catalogue are inclusive of VAT at the rate of 20%.
Payment in full is required upon our receipt of your order.  VAT receipts will be sent with the goods.
We reserve the right to defer dispatch of an order pending clearance of payment.


2. Dispatch and Delivery

Orders will start being dispatched in November 2018.  All orders are dispatched in the order they are received.  All items are packaged in our secure, specifically designed packaging to ensure your order reaches you in nursery fresh condition. 
Orders cannot be split and posted to more than one address.  The price inclusive of carriage and packing apply to UK mainland only.
A £20 Carriage and Packing surcharge applies to all orders shipped to Scottish Islands, Northern Ireland, Eire and Isle of Wight  and postcodes HS, IV41-IV51, IV55-IV56, KA27-KA28, KT15-KT17, PA20, PA41-PA78, PH42-PH44, ZE, BT1-BT94 and PO30-PO41.  A £30 surcharge applies to all orders shipped to the Isle of Man.
We do not ship orders out with the UK or the Channel Islands.

All order are dispatched using a Next Day Delivery serivce, excluing weekends and Bank holidays.  However, we accept no responsibility for orders delayed in transit.  Next Day Delivery does not apply to orders placed April - October, where goods will be dispatched strictly in sequence of orders received.  Next Day Delivery is not available for addresses outwith UK mainland and remote mainland areas.

If you request our courier to leave the parcel outside, with a neighbour etc. we do not accept any responsibility for damage or theft of the goods once left by the courier and such goods are left at your own risk.


3. Descriptions
Our roses are sold as bare root roses and will not be in bloom at the time of dispatch.
Whilst we endeavor to provide descriptions that accurately reflect our interpretation of the plant whilst in bloom, as with any living product the descriptions will not match every plant in bloom as this will vary due to climate and ground conditions.
Photographs are purely for illustrative purposes and customers should allow for a degree of colour variance as a result of the printing process.


4. Guarantee

In the event that your plant has failed to grow, please return it to us for inspection.  We will replace any plant that has been properly planted and cared for in accordance with our Planting and Aftercare Guide, subject to the following conditions:- i) a flat rate of £5.00 must be paid by the customer for carriage and packing of replacement plants, unless a further order is placed in which case the carriage contribution will be waived, ii) all plants must be returned no later than 30th September following dispatch ie. plants sold between November 2018 and March 2019 must be returned by September 2019 iii) any plants that a) show signs of being improperly planted, pruned, fed or cared for; b) show signs of spray damage; c) have suckers which have not been removed; d) have suffered frost damage; or e) have failed as a result of inclement weather, will not be replaced, and iv) in the event that the original variety is no longer available, we will select a similar variety of equal value and merit in substition.  Any replacment plants are not under guarantee.  Replacments will be dispatched at the start of the next bare root rose season.


5. Legal

Many varieties sold by us are subject to Plant Breeders Rights in terms of the Plant Varieties and Seeds Act 1964.  These varieties may not be propagated for sale or sold, except under licence from the holders of the Rights.

In respect of orders placed after the start of the bare root rose seasons, due to the perishable nature of bare root roses, there is no right of cancellation and these goods cannot be returned under the Consumer Contracts Regulations 2013.  Orders may be cancelled at any time prior to dispatch and will be refunded within 28 days.

These Terms and Conditions do not affect your statutory rights.
Your contract with James Cocker and Sons will be governed by the Law of Scotland

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