Terms & Conditions

These Terms & Conditions apply to the use of the Cowell's Garden Centre website and to purchases made through our online shop, in-store, by telephone, by email or by any other agreed method.

Please read these Terms carefully before placing an order. By placing an order with Cowell's Garden Centre, you agree to be bound by these Terms.

Nothing in these Terms affects your statutory rights as a consumer.

Definitions

In these Terms & Conditions:

• "We", "Us" and "Our" mean Cowell's Garden Centre Ltd.
• "You" and "Your" mean the customer placing an order with us.
• "Goods" means any products, plants, gift vouchers or other items supplied by us.
• "Website" means www.cowellsgc.co.uk.

Who we are

Cowell's Garden Centre is operated by Cowell's Garden Centre Ltd.

Cowell's Garden Centre
Main Road
Woolsington
Newcastle upon Tyne
NE13 8BW

Company registration number: 08407152
VAT registration number: GB297551319

Registered office:
Bulman House
Regent Centre
Henry Street
Newcastle upon Tyne
NE3 3LS

If you need to contact us, please use the details below:

Email: office@cowellsgc.co.uk
Telephone: 0191 286 3403

Opening hours and customer service

Our usual opening hours are shown on our website. Opening hours may vary during bank holidays, seasonal periods, adverse weather, special events or circumstances outside our control.

We aim to respond to customer enquiries as quickly as reasonably possible during normal business hours.

Ordering

By placing an order, you confirm that you are at least 18 years of age or have the permission of a parent or legal guardian.

Telephone calls

We may record telephone calls for quality assurance, staff training, customer service, maintaining accurate business records, dispute resolution and to protect the legitimate interests of Cowell's Garden Centre.

Further information about how we process personal data, including call recordings, is available in our Privacy Policy.

Using our website

You may use our website for lawful personal and non-commercial purposes only.

You must not misuse our website by knowingly introducing viruses, attempting to gain unauthorised access, interfering with the proper operation of the website, scraping data without permission, or using the website in any way that is unlawful or harmful.

We may suspend, restrict or terminate access to the website where we reasonably believe there has been misuse, breach of these Terms or unlawful activity.

Website information

We take reasonable care to ensure that the information on our website is accurate and up to date. However, website content is provided for general information only and may be updated, corrected or withdrawn at any time.

Product descriptions, care information, images, availability, prices and specifications are provided in good faith. For living plants, natural variation and seasonal changes should always be expected.

We do not guarantee that the website will always be available, uninterrupted or free from errors.

Intellectual property

All content on this website, including text, photographs, graphics, logos and product descriptions, is owned by or licensed to Cowell's Garden Centre unless otherwise stated.

You may not reproduce, copy, distribute or use any content from this website without our prior written permission except for your own personal, non-commercial use.

Placing an order

Orders may be placed through our website, in-store, by telephone, by email or through another method agreed by us.

When you place an order, you are making an offer to purchase the goods listed in your order. An order is accepted by us when we confirm acceptance, dispatch the goods, make them available for collection or otherwise confirm that the order has been accepted.

We reserve the right to refuse or cancel an order where:

• the goods are unavailable;
• the goods do not meet our quality standards at the point of packing;
• there has been an error in pricing, description or availability;
• payment has not been authorised or received;
• delivery cannot reasonably be made to the address provided;
• we reasonably suspect fraud, misuse or unlawful activity;
• the order does not comply with these Terms.

If we cancel an order after payment has been taken, we will refund the affected items as soon as reasonably possible.

Order details

You are responsible for ensuring that all order details are correct before submitting your order. This includes product selection, quantities, delivery address, billing details, email address, telephone number and any delivery instructions.

We cannot accept responsibility for delays, failed deliveries or losses caused by incorrect or incomplete information provided by you.

Prices and payment

All prices shown on our website are in pounds sterling and include VAT at the applicable rate unless stated otherwise.

Delivery charges, where applicable, will be shown during the checkout process or confirmed before the order is completed.

Payment must be received in full before goods are dispatched, collected or otherwise supplied, unless we have agreed otherwise in writing.

We accept payment by the methods shown on our website or otherwise agreed by us.

If a product is incorrectly priced due to an error, we may contact you to ask whether you wish to proceed at the correct price or cancel the affected item. If we are unable to contact you, we may cancel the affected item and refund any payment already made.

Availability

All products are subject to availability. For plants and other seasonal goods, availability may change quickly due to demand, growing conditions, supplier availability, weather, quality control and seasonal factors.

Where an item becomes unavailable after you have placed an order, we may:

• offer a suitable alternative;
• delay dispatch until suitable stock is available;
• dispatch the available items and refund the unavailable item;
• cancel and refund the affected item.

We will not supply substitute goods without your agreement where the substitution is materially different from the item ordered.

Pre-orders

Items listed as pre-order will display an estimated dispatch or availability period where possible.

Pre-order dates are estimates only and may change due to supplier delays, crop development, weather, transport disruption or quality control.

Where an order contains both pre-order items and in-stock items, we may dispatch the order together once all items are available unless otherwise stated. If you require in-stock items sooner, we recommend placing a separate order.

If a pre-order item becomes unavailable or does not meet our quality standards, we will contact you where appropriate and arrange a refund or suitable alternative.

Partial fulfilment

In some circumstances, we may dispatch an order without all items originally purchased. This may occur where items become unavailable, where stock does not meet our quality standards at the point of packing, or where partial fulfilment is the most practical way to complete the order.

Any items not supplied will be refunded as soon as reasonably possible.

Delivery charges will usually still apply to the order as dispatched, as these charges relate to the shipment rather than the number of items supplied.

Product descriptions

We make every reasonable effort to ensure that product descriptions, photographs, specifications and prices are accurate at the time they are published. However, descriptions are provided for general guidance only and should not be regarded as an exact representation of the goods supplied.

Images are intended to illustrate the variety or product and may not show the exact specimen supplied. Product photographs may show mature specimens grown under ideal horticultural conditions and should be regarded as illustrative rather than an exact representation of the plant supplied.

Living plants naturally vary in size, shape, colour, branching, habit and maturity. Seasonal changes, pruning, dormancy and growing conditions will also affect their appearance throughout the year.

Plant heights, spreads, flowering periods, fruiting periods, autumn colour and other horticultural information are estimates based upon typical growing conditions and should not be regarded as guarantees of future performance.

Unless otherwise stated, plant dimensions refer to the approximate height of the plant excluding the nursery pot.

Occasionally it may be necessary to supply a plant in a different nursery pot size from that advertised. Where this occurs, the overall quality and value of the plant will be maintained. If a change results in a materially lower product value, we will refund the difference or contact you before dispatch where appropriate.

Living plants

Plants are living products whose appearance, growth and performance naturally change over time in response to their growing environment.

Whilst we take great care to supply healthy, vigorous plants of good quality, successful establishment and long-term performance cannot be guaranteed, as they depend upon many factors beyond our reasonable control.

These factors may include, but are not limited to:

• Planting method and planting depth.
• Soil type, structure and pH.
• Drainage and water retention.
• Watering and irrigation.
• Fertiliser and nutrition.
• Exposure to sun, shade and wind.
• Competition from surrounding plants or tree roots.
• Weather conditions, including frost, drought, excessive rainfall and heat.
• Pests, diseases and wildlife.
• General aftercare and ongoing maintenance.

For this reason, the appearance or performance of a plant after planting will not, on its own, indicate that it was defective at the time of supply.

Seasonal appearance

Plants naturally change throughout the year.

Depending upon the season in which they are supplied, plants may:

• be dormant or partially dormant;
• have few or no leaves;
• have recently been pruned;
• show seasonal leaf colour or leaf drop;
• not be in flower, fruit or berry;
• have finished flowering for the current season.

These are normal horticultural characteristics and do not indicate that a plant is defective.

Horticultural advice

We are proud to provide horticultural advice based upon many years of practical experience.

Any advice provided by Cowell's Garden Centre, whether in person, by telephone, by email, through our website or on social media, is given in good faith using the information available at the time.

As every garden, growing environment and planting situation is different, our advice should be regarded as general horticultural guidance and not as a guarantee that a particular plant will perform successfully in every location or under every set of growing conditions.

Customers remain responsible for selecting plants suitable for their own garden and for providing appropriate planting conditions and aftercare.

Plant establishment

If you experience difficulties with a plant after delivery, we encourage you to contact us as soon as possible so that we can provide advice and, where appropriate, help identify the likely cause.

In order to properly assess any concern relating to living plants, we may request:

• clear photographs of the plant;
• photographs of the surrounding planting area;
• details of planting date and planting method;
• information about soil type and drainage;
• details of watering and feeding;
• information about the plant's position and growing conditions;
• any other information reasonably required to investigate the matter.

Providing this information allows us to investigate concerns fairly and recommend the most appropriate solution as quickly as possible.

We may also recommend monitoring the plant for a reasonable period before determining whether any further action is appropriate, as many plants recover naturally once established.

Natural variation

No two plants are identical.

Minor variations in size, branching, flower colour, foliage colour, stem thickness, growth habit or maturity are normal characteristics of living plants and will not normally be regarded as defects provided the plant supplied is true to variety and of satisfactory quality at the time of supply.

Delivery

We aim to dispatch orders within the timescales shown on our website or otherwise agreed with you. All delivery dates are estimates and are not guaranteed.

Delivery may occasionally be delayed due to circumstances beyond our reasonable control, including adverse weather, supplier delays, courier disruption, seasonal demand or other unforeseen events. Where reasonably possible, we will keep you informed of any significant delays.

We reserve the right to postpone dispatch where, in our reasonable opinion, weather conditions are likely to adversely affect the condition of living plants during transit.

It is your responsibility to ensure that the delivery address, contact details and any delivery instructions provided are accurate and complete.

If a parcel is delivered in accordance with the delivery instructions you have provided, responsibility for the goods passes to you once delivery has been completed.

Courier deliveries

We use carefully selected courier partners to deliver our plants and products throughout the United Kingdom.

Whilst every effort is made to ensure that goods arrive in excellent condition, plants are living products and may occasionally experience minor cosmetic effects during transport.

Examples of normal transit effects may include:

• Loose compost within the box.
• Minor movement within the pot.
• Temporary wilting.
• Minor leaf damage.
• Flower or bud drop.
• Minor stem movement.

These effects are generally temporary and do not indicate that a plant was defective at the time of supply.

Weather conditions

Plants are affected by seasonal weather conditions during transport.

Periods of exceptionally high or low temperatures may cause temporary signs of stress including wilting, leaf drop, flower drop or discolouration.

In most cases these symptoms are cosmetic or temporary and plants recover once unpacked, watered appropriately and allowed to acclimatise.

If severe weather is forecast, we may delay dispatch in order to protect the condition of your plants. We may also contact you to discuss alternative dispatch dates where appropriate.

If you would prefer your order to be delayed because of forecast weather conditions, please contact us before dispatch and we will do our best to accommodate your request.

Heat-sensitive and cold-sensitive plants

Certain plants are more sensitive to temperature extremes than others.

Where available, we may offer optional packaging or heat protection for particularly temperature-sensitive plants.

We cannot accept responsibility for deterioration caused solely by exceptional weather conditions during transit where reasonable precautions have been taken.

Missed deliveries

Please ensure that someone is available to receive your order where required.

If a delivery cannot be completed because nobody is available, incorrect delivery information has been provided or collection arrangements are not made within the courier's stated timescale, the plants may deteriorate whilst awaiting delivery or return.

We cannot accept responsibility for deterioration resulting from delays caused by failed delivery attempts, incorrect addresses, customer-requested delivery changes or parcels remaining uncollected after delivery has been attempted.

Inspecting your order

Please inspect your order as soon as reasonably possible after delivery.

If you believe goods have arrived damaged, incorrect or in poor condition, please notify us promptly in accordance with our Returns Policy.

Where possible, we ask that photographs are taken before the plants are unpacked, together with photographs of the packaging and any visible damage. This greatly assists us in investigating the issue with both our growers and delivery partners.

Risk and ownership

Ownership of the goods passes to you once payment has been received in full and the goods have been delivered or collected.

The risk of loss or damage passes to you once the goods have been delivered to the address provided by you, delivered in accordance with your delivery instructions or collected by you or your nominated representative.

Click & Collect

Where Click & Collect is available, we will notify you when your order is ready for collection.

Please collect your order as soon as reasonably practicable after notification.

Living plants continue to require appropriate care whilst awaiting collection. If an order remains uncollected for an extended period without prior agreement, we reserve the right to contact you to arrange collection or discuss alternative arrangements.

Please inspect your goods at the time of collection. If you have any concerns, please raise them with a member of our team before leaving the garden centre wherever reasonably possible.

Packaging

We take great care to package plants and other goods securely for transport using packaging specifically designed to protect living plants wherever possible.

We are continually reviewing our packaging materials to balance plant protection with our commitment to reducing unnecessary waste and improving environmental sustainability.

Where practical, we encourage customers to recycle or reuse packaging materials after unpacking their order.

Consumer rights

Nothing in these Terms & Conditions affects your statutory rights under the Consumer Rights Act 2015 or any other applicable consumer protection legislation.

If goods supplied by us are shown to have been defective, not as described or otherwise fail to meet your statutory rights at the time of supply, we will provide an appropriate remedy in accordance with applicable law.

For living plants, the relevant consideration is the condition of the plant at the time of supply. As plants continue to grow and respond to environmental conditions after delivery, subsequent deterioration or failure to establish does not, by itself, demonstrate that a plant was defective when supplied.

Returns and cancellations

Our Online Returns Policy forms part of these Terms & Conditions and explains the procedures for reporting problems, returning goods and exercising cancellation rights.

Where applicable, your statutory cancellation rights are governed by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

As living plants are perishable goods, certain cancellation rights may not apply once deterioration has occurred through the normal passage of time. This does not affect your statutory rights where goods were defective at the time of supply.

Full details can be found in our Online Returns Policy.

Plant guarantee

We take great pride in supplying healthy, high-quality plants and carefully inspect plants before they leave our nursery or garden centre.

We warrant that plants supplied will be healthy, of satisfactory quality, true to variety where applicable and free from material defects at the time of supply.

We cannot guarantee the long-term establishment, growth or performance of living plants, as these are influenced by many factors outside our reasonable control, including planting conditions, soil type, weather, watering, pests, diseases and ongoing aftercare.

Any guarantee offered by Cowell's Garden Centre is provided in addition to, and does not replace, your statutory consumer rights.

Complaints

We are committed to resolving customer concerns fairly, promptly and professionally.

If you experience a problem with your order, please contact us as soon as reasonably possible using the contact details published on our website.

To ensure that enquiries are handled efficiently and that a clear record is maintained, we ask that complaints relating to online orders are submitted by email wherever possible.

Depending on the nature of your enquiry, we may request:

• your order number;
• photographs of the goods;
• photographs of the packaging;
• details of the delivery;
• information about planting conditions and aftercare where living plants are concerned; and
• any other information reasonably required to investigate the matter.

We reserve the right to request the return of goods where this is reasonably necessary to investigate a claim.

Where appropriate, photographs and information provided by customers may be shared with our growers, suppliers, manufacturers or delivery partners solely for the purpose of investigating and resolving the complaint. Personal information will only be shared where necessary and in accordance with our Privacy Policy.

We aim to acknowledge complaints as quickly as reasonably practicable and will endeavour to provide an appropriate response within a reasonable period, although more complex investigations may take longer.

Alternative dispute resolution

If we are unable to resolve a complaint directly with you, we will consider whether alternative dispute resolution is appropriate and provide details where required by law.

Nothing in this section prevents either party from exercising any legal rights available to them.

Limitation of liability

Nothing in these Terms & Conditions limits or excludes any liability that cannot lawfully be limited or excluded.

Subject to your statutory rights, we shall not be liable for indirect or consequential losses, loss of profits, loss of business, loss of opportunity or losses arising from circumstances beyond our reasonable control.

Our total liability in relation to any order shall not exceed the purchase price paid for the goods giving rise to the claim, except where a greater liability cannot legally be excluded.

Events beyond our control

We shall not be responsible for any delay or failure to perform our obligations where such delay or failure results from events beyond our reasonable control. These may include adverse weather, flooding, fire, industrial action, transport disruption, supplier shortages, crop failures, plant health restrictions, disease outbreaks affecting crops, biosecurity restrictions, power failures, failure of telecommunications or internet services, government restrictions or any other event beyond our reasonable control.

Where possible, we will notify customers of any significant disruption and keep them informed of revised delivery times.

Privacy

Your personal data will be processed in accordance with our Privacy Policy, which forms part of these Terms & Conditions.

Changes to these Terms

We may update these Terms & Conditions from time to time to reflect changes in legislation, our business practices or the services we provide.

The latest version will always be published on our website and will apply to orders placed after the revised version has been published.

Governing law

These Terms & Conditions are governed by the laws of England and Wales.

Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, unless applicable consumer law provides otherwise.