Terms & Conditions
TERMS & CONDITIONS (including purchases made through the Webshop)
1. Introduction
1.1 These Terms and Conditions govern the use of the Evergreen Exterior Services webshop ("Webshop") and the purchase of goods from Evergreen Exterior Services Ltd ("Evergreen," "we," "us," "our"). By placing an order, you agree to be bound by these Terms and Conditions.
1.2 The Webshop is strictly for trade customers only. By using this Webshop, you confirm that you are purchasing goods for business purposes and not as a consumer.
1.3 We reserve the right to amend these Terms and Conditions at any time. Any changes will take effect upon posting on our website.
2. Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
"Company": Evergreen Exterior Services Ltd.
"Contract": Any contract for the sale of goods and/or services by the Company to the Customer.
"Customer": The person, firm, or company from whom orders for goods are received by the Company.
"Goods": Any goods forming the subject of this contract, including parts and components or materials incorporated in them.
3. Account Registration & Eligibility
3.1 Only registered trade customers with an approved Evergreen trade account can access and purchase from Evergreen Exterior Services Ltd
3.2 Customers must provide accurate business details, including VAT registration where applicable.
3.3 We reserve the right to refuse access or terminate accounts at our discretion if any misuse or fraudulent activity is suspected.
4. Orders & Acceptance
4.1 All orders placed are subject to acceptance and stock availability.
4.2 Submission of an order does not constitute a binding contract until we issue an official order confirmation.
4.3 We reserve the right to refuse any order or amend availability due to stock limitations, pricing errors, or regulatory restrictions.
4.4 Customers are responsible for ensuring the accuracy of their orders. Evergreen will not be held liable for order errors made by the customer, including incorrect plant selections, quantities, or delivery details.
4.5 Clerical errors by the Company may be corrected at any time without any liability on the part of the Company.
4.6 Substitutions – should the company be out of stock on any specific variety or size, the nearest size or variety will be supplied unless otherwise instructed.
4.7 Buxus Orders
Due to the ongoing risks associated with Box Tree Caterpillar (Cydalima perspectalis) and Box Blight (Calonectria pseudonaviculata), all orders for Buxus sempervirens and associated Buxus species and cultivars must be paid for in full on acceptance of order..
Minimum purchase quantities may apply. Where stock is supplied on dedicated Danish trollies, shelves or batches, customers may be required to purchase and pay for the entire shelf, trolley or batch. Evergreen Exterior Services reserves the right to refuse partial quantities where this would leave residual stock that may be difficult to sell.
Due to plant health considerations, Evergreen Exterior Services cannot hold, quarantine or delay the delivery of Buxus stock once ordered and allocated. Customers must be able to accept delivery or collection within the agreed timeframe.
Any request to delay delivery will be entirely at the customer's risk and Evergreen Exterior Services accepts no liability for any deterioration in plant quality, pest infestation or disease occurrence during any holding period.
Once ordered and allocated, Buxus stock cannot be cancelled, returned or refunded.
5. Pricing & Payment
5.1 All prices are exclusive of VAT (VAT is charged at the prevailing rate) unless otherwise stated.
5.2 Prices are subject to change without notice. The price at the time of order confirmation will apply.
5.3 Payment is required in accordance with your trade account terms. Orders will only be processed once payment terms are met.
5.4 We accept payments via bank transfer or credit/debit card for delivery, collections can be paid on site by cash or credit or debit card. Trade account clients must pay for delivery the day before the goods are dispatched and collections before or when the goods are collected. Credit account clients’ original terms and conditions will apply.
5.5 The company may withhold sales of goods to the client if awaiting payments of any sum due from the customer to the company.
6. Delivery & Collection
6.1 Delivery is available within the M25 for orders exceeding £1500 (ex. VAT) for £50 plus VAT. and £100 plus VAT for orders under £1500 (ex. VAT).
6.2 Delivery dates are estimated and not guaranteed. We are not liable for delays due to third-party carriers or unforeseen circumstances.
6.3 Collection from our nursery or New Covent Garden Market is available by prior arrangement.
6.4 All deliveries are kerbside. Customers must ensure adequate staff are available on-site to unload and sign for the goods upon arrival.
6.5 Any specific delivery requirements, such as access restrictions or time constraints, must be communicated to us at the time of order placement.
6.6 Where deliveries are expected on CC trolleys, exchange will be accepted only on the delivery day, no trolleys will be left at client’s premises unless notice has previously been given and agreed.
7. Returns, Cancellations & Refunds
7.1 As a trade-only supplier, returns are only accepted for defective or incorrect goods. We do not accept returns for surplus stock or change of mind.
7.2 Any claims for damaged, defective, or incorrect goods must be reported in writing (within 24 hrs of receipt of goods), supported by photographic evidence.
7.3 Cancellations are only accepted before dispatch. Once an order has been processed, cancellation may not be possible.
7.4 Refunds, where applicable, will be issued via the original payment method within 7 working days of approval.
7.5 Any plants returned may subject to a restocking fee.
8. Warranty & Liability
8.1 Plants are living products and subject to natural variation. We cannot guarantee plant longevity, future growth, or suitability for specific conditions.
8.2 All stock is believed to be healthy and true to name. Our liability is limited to the replacement of plants or refund of the price paid.
8.3 No liability is accepted for non-availability of goods
8.4 We shall not be liable for indirect, consequential, or economic losses arising from the use of our goods.
8.5 We will not be responsible for any losses or costs incurred due to customer order errors, including but not limited to incorrect product selection, incorrect quantities, or incorrect delivery addresses.
8.6 Risk of loss or damage passes to the customer upon delivery or collection.
8.7 Nothing in these terms limits our liability for death or personal injury caused by negligence or fraud.
9. Intellectual Property
9.1 All content on the website and Webshop, including images, descriptions, and branding, is owned by Evergreen or licensed to us. Use of our content without permission is prohibited.
10. Data Protection & Privacy
10.1 Customer data is processed in accordance with our Privacy Policy, available on our website.
10.2 We use secure payment and account protection measures to safeguard customer information.
10.3 We do not sell, rent, or distribute customer data to third parties unless required by law or necessary for order fulfilment.
11. Governing Law & Disputes
11.1 These Terms and Conditions are governed by the laws of England and Wales.
11.2 Any disputes shall be subject to the exclusive jurisdiction of the English courts.
If you have any questions regarding these Terms and Conditions, please contact us at sales@evergreenext.co.uk