Hillier Nurseries and Garden Centres have been growing and selling quality plants since 1864 and we continue to strive to supply plants and products of the highest calibre to all our customers. These terms and conditions apply to purchases made from www.hillier.co.uk (our “Website”). By placing an order you agree to be bound by the terms and conditions set out below. 

Please read these terms carefully before placing your order. Paragraph 17 below is particularly important because it sets out our responsibility to you for loss or damage you may suffer.

1. About us

a) We are Hillier Nurseries Limited (company number 01260468) and our registered office address is Ampfield House, Ampfield, Romsey, Hampshire, SO51 9PA. Our registered VAT number is 302808430.

b) If you have any questions relating to these terms and conditions or our online shop then please contact our Customer Service Team by emailing onlineshop@hillier.co.uk.

c) Where these terms and conditions ask you to contact us, you can do so by post or by email to the address above. When we use the words “writing” or “written” in these terms, this includes email.

2. Stock Availability

Hillier makes every reasonable effort to ensure that goods on the Website are in stock and available for despatch with regular live stock checks, but a high proportion of the stock we sell is live and therefore we can at times have unforeseen changes. We will always endeavour to contact you if an item you’ve ordered becomes out of stock to let you know when it is likely to come into stock.

3. Product Descriptions

We will make every reasonable effort to ensure that all details, images, descriptions and prices of products appearing on our Website are correct at the time when the relevant information was entered onto the system. However, we reserve the right to make corrections if we discover errors or they are brought to our attention. We will notify you if any significant changes affect your order. Please note that images of our products are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products.

4. Price

a) The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. 

b) Despite our best efforts, it is possible that some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

5. Payment

a) Payment can be made through our secure on-line checkout system by credit or debit card, or you can also use Hillier Gift Cards or Reward Vouchers towards your order. 

b) We are unable to accept HTA (National Garden) gift vouchers as payment in our online shop but are pleased to receive them in our physical stores.

6. Our contract with you – Orders for Goods (excluding tickets and gift cards)

a) When you place an order for goods, your order is an offer to buy those products from us. When your order has been placed and paid for on the website, you will receive an email confirming what you have ordered, how much you have paid and where you have asked for it to be delivered. That email does not confirm our acceptance of your offer to buy the product(s) you have ordered. Please check the details, especially that the delivery address, postcode, mobile number and email you provided are correct. You should notify us immediately at onlineshop@hillier.co.uk if you need to make any changes and we will let you know if those changes are possible.

b) Your order is only accepted by us, and the contract of sale only comes into effect, when we send an e-mail notification to you that we have dispatched your order. If your order is split into more than one package, each dispatch notification e-mail and corresponding package will come under a separate contract of sale.

7. Our contract with you – Ticket Orders and Gift Cards

a) When you place an order for tickets or gift cards, your order is an offer to buy those tickets or gift cards from us. When your order has been placed and paid for on the website, you will receive an email confirming what you have ordered, how much you have paid, (in the case of tickets) details for the event (such as the date and time), and your contact information. If you have ordered physical tickets or gift cards then the confirmation will also specify your delivery address. Please check all the details carefully. You should notify us immediately at onlineshop@hillier.co.uk if you need to make any changes and we will let you know if those changes are possible.

b) order for the tickets or gift cards is accepted by us, and the contract of sale comes into effect, when we send our order acknowledgement email to you.

8. Trade Cards

Trade card discounts are not available through the online shop but can be used in-store nationally at our Garden Centres or our Hillier Cash and Carry in Romsey.

9. Delivery Information

a) A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.

Delivery Fees & Times. 

b) The following delivery fees and estimated delivery times apply when you make an order from the online shop. Delivery fees and estimated delivery times may vary when arranged with a Hillier Garden Centre:

Standard Delivery	UK delivery shipped within 5 working days, Monday to Friday via APC.	£6.99 Free delivery on orders over £50.
Small Item Delivery (Applies to small items such as packets of seeds).	UK delivery shipped within 5 working days, Monday to Friday. Delivered via Royal Mail, or APC.	£2.99
Gift Cards	UK delivery shipped the following day, Monday to Friday, sent via Royal Mail.	Free
Furniture & Barbecue Delivery	We can deliver to addresses in Bedfordshire, Berkshire, Buckinghamshire, Dorset, Devon, East Sussex, Gloucestershire, Hampshire, Herefordshire, Hertfordshire, Kent, London (addresses within the congestion charge zone will incur a surcharge) Northamptonshire, Oxfordshire, Somerset, Surrey, Warwickshire, West Midlands, West Sussex and Wiltshire. For any locations outside of this, we are still able to deliver, but please contact us at onlineshop@hillier.co.uk for a bespoke delivery estimate.  Delivery to these regions, within 7-14 working days, Monday to Friday. Delivered by Hillier.	£14.99 Free delivery on orders over £50 (Addresses outside of our regions and within the congestion charge zone will incur a surcharge)
Exceptional Item Surcharge	For over-sized items (such as heavy items over 10kg or large items over 1 metre) an additional surcharge will apply depending on the item and will be confirmed at checkout.	Confirmed at checkout

c) If a single basket contains products with multiple delivery fees, only the highest delivery fee will apply, even if the order is being split into multiple deliveries and delivery providers.

d) We will deliver the goods to you as soon as reasonably possible. We always aim to deliver within the quoted time frame but delivery times are not guaranteed. We are not responsible for delays outside our control. If delivery is delayed due to any cause beyond our reasonable control, we or our courier will try to contact you to advise you that the delivery date will be extended and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

e) We will always aim to combine your order into a single delivery, but on occasion some deliveries may not arrive together, depending on the type of products ordered and the most appropriate delivery methods available. How to expect your delivery to arrive will be communicated to you with your order communications.

f) Your order shipment date is determined by the item with the longest availability lead time i.e. if an item has a 2-week lead time such as furniture, your order may be held until all items are available to be shipped together in one consignment. 

Delivery Locations

g) We can deliver to all UK mainland addresses. We can also deliver to the following, but an exceptional item surcharge will apply: Northern Ireland, Scilly islands, Jersey, Guernsey, Isle of Wight, Isle of Man and Scottish Highland and Islands.

h) We are otherwise unable to deliver internationally or to BFPO addresses.

i) Please be aware we have special delivery criteria for furniture and barbecues. We can offer standard delivery on furniture and barbecues to addresses in Bedfordshire, Berkshire, Buckinghamshire, Dorset, Devon, East Sussex, Gloucestershire, Hampshire, Herefordshire, Hertfordshire, Kent, London (addresses within the congestion charge zone will incur a surcharge), Northamptonshire, Oxfordshire, Somerset, Surrey, Warwickshire, West Sussex and Wiltshire. For any locations outside of this, we are still able to deliver, but please contact us at onlineshop@hillier.co.uk for a bespoke delivery estimate. 

j) For furniture and barbecue orders over £499 within the addresses listed above, we offer free delivery. Furniture orders under £499 have a delivery charge of £14.99 (plus any surcharges listed above).

k) We will deliver your consignment to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the consignment left if you are out when we deliver. We cannot accept any liability for any loss or damage once the consignment has been delivered in accordance with your delivery instructions.

10. Packing and Unpacking

a) At Hillier we promise to send you first rate products and nursery fresh plants, just as good as you’d find in our garden centres. Our team will inspect everything carefully before it leaves us to make sure it’s in excellent condition. 

b) Plants will be placed in a bag and packed in purpose designed pot holding boxes. This ensures plants arrive in good condition. Please unpack as soon as possible after receipt. If not planting immediately please give your plants fresh air, a little water if required and allow them a few days to acclimate to their new environment.

For packing and unpacking of furniture items, please see section 12.

11. Tracking Your Order

a) When your consignment has been dispatched you will receive an email from Hillier and your online account will be updated. 

b) If your item is being delivered by APC, you will also be sent a ‘tracking number’, this can be used to track progress via our couriers (APC) website or their useful mobile app. You will receive advance notification from the courier by either text message (if a mobile number has been provided) or email, giving you a delivery window so you know when to expect your items. Consignments may be left at your property or with a neighbour. If the first delivery attempt fails, the courier will try on a second occasion, if that attempt fails, they will notify you of a local facility where you can collect your parcel.

12. Hillier Furniture and BBQ Home Delivery Service Terms and Conditions

a) Hillier is pleased to offer a free delivery service on all furniture sets and BBQs over the value of £499, or £14.99 for all other items. We can deliver to addresses in Berkshire, Buckinghamshire, Dorset, Devon, East Sussex, Gloucestershire, Hampshire, Herefordshire, Hertfordshire, Kent, London (addresses within the congestion charge zone will incur a surcharge) Northamptonshire, Oxfordshire, Somerset, Surrey, Warwickshire, West Sussex and Wiltshire. For any locations outside of this, we are still able to deliver, but please contact us at onlineshop@hillier.co.uk for a bespoke delivery estimate. 

b) For furniture sets and BBQs held in stock, we aim for delivery to be within 7 -14 working days. Every effort is made to give accurate information when estimating delivery time at the time of your order. Occasionally, for reasons beyond our control, there may be additional delay, for example if your order is contingent on a container delivery for the items ordered. In this instance once the container has arrived in the UK, we will contact you to organise your delivery and confirm delivery date, we will not necessarily be able to update you on any delays to the container’s arrival.

c) Once your order is confirmed as available for delivery, we will contact you to agree specific arrangements for the date of delivery. We aim to call customers within 48 hours to arrange a suitable delivery date but cannot guarantee this. Wherever possible, delivery will be made on the first vehicle in your area following your order. Wherever possible, we will try to be flexible with our delivery times to suit you, however we are unable to store your order for delivery at a later date. When confirming your delivery date, please note we are unable to provide a scheduled time-slot.

d) On the delivery day our delivery drivers will unload your furniture or BBQ and carry it to the desired location within your home or garden, they will unpack your furniture and take all packaging away with them. We do not offer a build service for our furniture items. If you have narrow passageways or sharp corners between where the vehicle will need to offload and your desired location for the furniture, please discuss this on the telephone when you are contacted to arrange delivery. When confirming your delivery date, please note we are unable to provide a scheduled time-slot.

e) Our delivery teams will observe social distancing guidelines during delivery, we request that our customers adhere to the same guidelines giving our teams as much space as possible, minimum of 2 metres for the safety of both staff and customers.

f) The majority of our furniture is hand-made and therefore there may be slight variances in colour.

13. Refunds, Cancellations and Returns

a) We are under a legal duty to supply products and services that conform with this contract. We hope that you are happy with your purchase from Hillier but should you wish to return an item or cancel your order then please read the below sections for more information on your rights. If you have any questions then please contact us at onlineshop@hillier.co.uk.

Your rights if the goods are defective. 

b) If you have bought goods from us, for example plants, gardening equipment or garden furniture, then the goods we supply must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you have the following legal rights:

1. For up to 30 days from when you receive the goods: if your goods are faulty, then you can get a full refund.
2. Up to six months: if your goods are faulty and can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
3. Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. This will depend on the type of goods.

c) We’re really proud of our plant quality but acknowledge sometimes things may go wrong. Should you find a plant in poor condition when you take it out of the box, please try to contact us within 24 hours. We will then ask you to email us a few photographs so that there is no doubt about its condition on arrival with you, as opposed to what it looks like by the time it gets back to us. Bear in mind that some plants look different depending on what time of year it is. If you choose a deciduous shrub in winter, it may arrive bare. It doesn’t mean there’s anything wrong, just that it’s out of season and will re-leaf next spring. Perennial plants often won’t show above soil level during winter as the plant is in dormant phase, resting within the soil in the pot. However, provided that you have contacted us as set out above we will be happy to arrange for a refund or replacement.

d) We may ask you to return the defective goods to us and this will usually be the case if they need repair. If so, we will post or email a prepaid returns label to you. Please repackage the item (ideally in its original bag, packaging and carton), seal it securely, adhere the returns label. We will arrange a date convenient for you when the return can be collected by APC. For larger items, such as garden furniture, we will make arrangements with you to inspect and repair the goods at their current location or for us to collect the goods from you.

e) We will process your refund/repair/replacement once we have inspected the defective goods. For certain types of goods we may need to send them off to the manufacturer for inspection.

f) If we supply you with repaired or replacement goods then we will pay for the cost of delivering them to you. 

Bramblecrest Guarantee

g) Bramblecrest Furniture is sold with a manufacturer’s 3 year structural guarantee (1 year structural guarantee for parasols, covers and ceramic topped tables). Full information is contained in the Hillier Furniture T&Cs which is available from https://www.hillieronline.co.uk/static/furniture-terms.html. This guarantee is in addition to your above statutory rights.

Hillier Plant Guarantee

h) In addition to your above statutory rights, all fully hardy shrubs and perennials bought from Hillier are guaranteed for one year after you’ve bought them. If the plant fails in the first year, send us a picture of the plant along with your order reference number to onlineshop@hillier.co.uk. Once we’ve determined the cause of the problem, we will endeavour to replace it or refund you. If we refund you then we will also refund your postage costs for that plant (which might be a proportion of your total postage costs for the order). 

i) Tender plants, or garden plants that are not fully hardy, are not covered by the guarantee. This guarantee does not include plants damaged due to lack of watering or lack of horticultural care on your part where the care guidelines on the pot label have not been followed. We only dispatch perfect, healthy plants and cannot be responsible for any naturally occurring airborne pests and diseases such as box blight, fungal leaf spot, aphids and similar.

j) If you return a plant under our plant guarantee, we will post or email to you a returns label. Please repackage the item in its original bag, packaging and carton, seal it securely and adhere the label. We will arrange a date convenient for you when the return can be collected by APC.

Your rights if you receive the wrong goods or the wrong quantity. 

k) If we send you incorrect goods then you must tell us within a reasonable amount of time of you noticing the error. If you have received the wrong goods then we will ask you to return the goods to us and we will either send you the correct goods or refund the price of the missing goods. We will provide you with a returns postage label so that you can return the incorrect goods to us. If you have received too few goods then we will send you the remaining goods or we will refund you the difference between what you paid for and what you actually received.

Your right to cancel your order for goods. 

l) If you have bought goods from us and you wish to cancel your order, please contact us as soon as possible. If an order is cancelled before it is despatched, we will refund you in full. If your order has already been despatched then you can still cancel but you must return the goods to us at your own cost. You will be responsible for any return postage. Please note the following:

1. You may cancel within 14 days of receiving the goods. You do not need to give a reason for cancelling although we welcome your feedback. Where goods are split into several deliveries you have until 14 days after the day you receive the last delivery to change your mind about the goods.
2. You must inform us of your decision to cancel this contract by contacting us. You can do this by email to onlineshop@hillier.co.uk.
3. You may inspect your purchases before returning them. This allows you to check whether they are suitable. However, we may deduct a reasonable amount from your refund for damage or wear and tear to the returned products.
4. We will not pay the costs of returning an item to us unless it is faulty (in which case please see the section above titled ‘Your rights if the goods are defective’). You must take reasonable care in packaging and returning the cancelled goods otherwise we may deduct the value of any damage from your refund.
5. If you ordered the goods using an enhanced delivery service (such as next day delivery) then we will only refund you our standard delivery rate.

Refunds for goods. 

m) If you are entitled to a refund for goods you have bought from us then we will make payment to the same payment method you used for your purchase. If you paid using vouchers then we will reimburse you in vouchers.

Your rights if we cancel or rearrange a ticketed event. 

n) If you have bought a ticket from us to an event on a specific date and we cancel or rearrange the date of the event then you can usually request a refund. If the event is rearranged then we will offer you the option of transferring your ticket to the new date.

Your rights if a ticketed event doesn’t meet your expectations. 

o) If you have bought a ticket from us to an event and it hasn’t met your expectations then please contact us to discuss your concerns. If the event wasn’t as described or had other problems then you may be entitled to a refund.

Your right to cancel an order for tickets. 

p) Different cancellation rules apply to orders for tickets. If the tickets have already been dispatched and they relate to an event on a particular date or dates then the law says that you are not entitled to cancel your order. If you have bought tickets to an event which doesn’t have a specified date then you may cancel your contract for any reason within 14 days of receiving our order acknowledgement email. If you have bought tickets from us and wish to cancel your order, please contact us as soon as possible.

Refunds for tickets. 

q) If you are entitled to a refund of a ticket you have bought from us then we will make payment to the same payment method you used for your purchase. If you paid using vouchers then we will reimburse you in vouchers.

Model cancellation form. 

r) You may, but do not need to, use the following cancellation form to cancel your order. The information can be sent to us by email at onlineshop@hillier.co.uk. Please check the above sections to ensure you are able to cancel your order.

(Complete and return this form only if you wish to withdraw from the contract)

To Hillier Nurseries Limited, Ampfield house, Ampfield, Romsey, Hampshire, SO51 9PA, email: onlineshop@hillier.co.uk

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

14. Attendance at Events

a) If you have bought tickets to an event at a venue which is operated by somebody other than us, you must comply with any additional terms and conditions imposed by the third-party operator.

b) For events held at physical venues, you agree that the venue owner will typically reserve the right to refuse admission on grounds of health and safety, environment and security concerns at their reasonable discretion and may from time to time carry out security searches.

c) You agree to comply with all reasonable instructions issued by us or the venue owners at the event. We may (at our sole discretion) refuse admission to, or eject from the event, any person who fails to comply with these terms or who in our opinion represents a security or safety risk, nuisance or annoyance to the running of the event and its attendees.

d) You are not entitled to a refund if you are refused entry or ejected from a venue for breaching these terms or the reasonable requirements of the venue operator.

15. Leaving a Review

Customers who make a purchase using our website may receive an email inviting them to leave a review for the product(s) purchased. This email will come from our feedback service provider, Feefo. Your response is not mandatory, but product reviews are important for us to understand what our customers think, and also to share with other customers to help them make a decision based on feedback from others like them. For information about how we use your personal information if you leave a review, please refer to our Privacy Policy at https://www.hillier.co.uk/policies/privacy-policy/. 

16. Your Personal Data

See our Privacy Policy at www.hillier.co.uk/policies/privacy-policy/ for full details of how Hillier process your data.

17. Our responsibility for loss or damage suffered by you

a) We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

b) We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.

c) When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

d) We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

18. Other important terms

a) We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract between us.

b) You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under the contract between us to another person if we agree to this in writing. However, you may transfer our plant guarantee at clause 0 to a person who has acquired the plant from you. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

c) Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in the previous paragraph in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

d) If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

e) Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

f) Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

These Terms and Conditions were last updated 9 July 2021.

© 2022 Hillier Nurseries Limited.