TERMS AND CONDITIONS

Updated on 5th January 2026

 

These Terms and Conditions govern the supply of goods by Cumbria Wildflowers Limited pursuant to Website Orders and Orders placed by telephone, post or e-mail. By purchasing goods from Cumbria Wildflowers Ltd through our Website, over the phone, post or via email you enter a legally binding agreement with us on the following terms. 

 

You should read and understand these terms because they affect your rights and liabilities. These terms describe the basis for purchase by You and sale by us of the products described on this Website.

 

*Promotional Terms & Conditions

*Offers are subject to availability. All other offers are excluded. Any discount code will need to be applied in the coupon box at the time of Ordering where the discount will be applied at checkout. Once the Order has been placed in checkout any discount cannot be applied retrospectively.

*Welcome series

*10% off first Order coupon code is only valid for your first Order on a single transaction. Once the Order has been placed in checkout any discount cannot be applied retrospectively.  The discount code is non-transferable and cannot be used in conjunction with any other discounts, sales items or voucher codes. Only one promotional offer can be used at any one time.

 

Unless otherwise stated, discount codes (including those offered/displayed by third parties) cannot be used in conjunction with any other offer or discount codes, are not redeemable against any previous Orders, are not applicable for purchases of any products or gift vouchers and do not apply to postage charges.

 

Definitions and interpretation

 

In these terms the following words have the following meanings.

“Customer”, ‘You’ means the person or firm who purchases the Goods from the Supplier.

“Goods” means the goods (or any part of them) set out in the Order.

“Order” means the Customer’s Order for the Goods, as set out in the Customer’s written acceptance of the Supplier’s quotation.

 

“Contract” the contract for the sale and purchase of the Goods;

“Delivery Area” only mainland addresses within England, Wales, Scotland and Northern Ireland including offshore addresses e.g: the Isle of Man, the Scottish Isles, and the Channel Isles.

“the Website” our presence on the world wide web, currently accessible via the address www.cumbriawildflowers.co.uk;

 

“the Supplier”, “We”, or “Us” Cumbria Wildflowers Ltd (our Company number is 6146023 and our registered office is at The Stables, Great Orton, Carlisle, Cumbria, CA6 6NA).

 

“Force Majeure Event” means any circumstance not within a party’s reasonable control including, without limitation, acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority; collapse of buildings, fire, explosion or accident; any labour or trade dispute, strikes, industrial action or lock-outs; non-performance by suppliers of subcontractors; and interruption or failure of utility service.

 

1. Basis of the sale

1. 1 An agreement for Us to sell You Goods is made on these terms when We accept an Order made by You via Our Website, telephone, post or email. The description of the Goods, the price, VAT, insurance, packaging and delivery costs are set out in the Order page. We will confirm acceptance of Your Order.

 

1.2 We aim to give You a clear idea of the nature of the plants We sell. However, You appreciate that there are inevitably slight variations in size, shape and colour between different specimens. Illustrations, descriptions and other information on the website of particular plants, seeds or bulbs are as accurate as reasonably possible and for general guidance only. 

 

1.3 Our plants are native plants and as such reflect the typical characteristics of these plants. They are subject to seasonal variations and at some times of the year the plants may show signs of yellowing/reddening in the leaves, may have blemishes, insect eaten holes and other native plant features. This is normal and in no way affects the plant health or ongoing survival.

 

1.4 We may in our sole discretion from time to time vary the nature of the Goods from that advertised without notice to You, if for reasons beyond our control your Order cannot be fulfilled. We will contact You to discuss the variation in the Order and You have the right to cancel part or all of the Order or agree to a substitute product of the same value.

 

1.5 For plant mix Orders the plants sent will be those available at the time of Order and at Our discretion. We will send out plants We consider suitable for sale at the time of Order (this being a response to some plants not being suitable for sale due to ill health, pest issue or poor specimen).  The list shown on the Product Page is a guide and Products shown may have to be duplicated (based on same reasons above).

 

2. Details of the Order

 

2.1 The quantity, quality and description of the Goods will be those set out in your Order (if accepted by us).

 

2.2 Orders are accepted at Our sole discretion but are normally accepted if the Goods are available, the Order reflects current pricing, You are based in the Delivery Area above and your credit / debit card or PayPal account is authorised for the transaction.

 

2.3 The Goods which can be Ordered via Our Website, telephone, email or post are only available for delivery to You if You are based in our Delivery Area.

 

3. Price of the Goods

 

3.1 If the price of the Goods increases between the date We accept your Order and the delivery date We will let You know and ask You to confirm by e-mail that the new price is acceptable. If it is not acceptable then You will of course have the option of cancelling the Order.

 

3.2 Our charges for packaging, despatch and transport are detailed on the Order page and will be included in the total price for the Goods.

 

3.3 If at any time during the Order process You wish to alter the details of your Order, please follow the navigation process through the website. If you have placed an order there is a time limit of 60 minutes from Ordering online to allow you to amend the Order. To amend you must email / contact or****@*******************co.uk and state your request.

After this period, You will not be able to alter the details of the Order once the Order has been placed in our Order processing system and payment has been received (Subject to Clause 3.4 below).

 

3.4 PLEASE NOTE – a time limit of approx. 60mins from Ordering online is the allocated time to amend your Order. No binding contract is formed until We have placed and cleared the Order in our Order processing system.

 

3.5 Please understand that orders of plants, seeds and/or bulbs are considered perishable goods. Therefore, the usual online right to cancel up to 14 days from the order (known as the cooling off period) does not apply once the Order has been despatched. These terms also apply to mixed orders with both perishable and non-perishable goods. Orders that contain only non-perishable goods, the usual right to cancel within 14 days from order date will apply. This does not affect any statutory rights You may have.

 

4. Payment Terms

 

4.1 We will charge your debit/credit card/PayPal account for payment upon receipt of a Web Order. We accept no liability if the Order is delayed because the payment details submitted by You were incorrect or the payment was rejected or halted by the finance company. Payment of other types of Orders will be agreed at time of acceptance of the Order.

 

4.2 If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to You, We can cancel the Contract or suspend any further deliveries to You. This does not affect any other rights We may have.

 

4.3 We will take all reasonable care to keep all information connected with your Order secure but We cannot be held liable for any loss that You may suffer if a third party obtains unauthorised access to any data, including credit and account details You provide when accessing or Ordering from this Website, unless this is solely due to our negligence.

 

5. General Delivery

 

5.1 We will despatch the Goods to an address as specified in our Delivery Area during normal business hours within 7 days from the date of receipt of your Order, or the publication date of the goods (whichever is the later) or if You pre-arrange a different future date. Scheduling a different future date must be undertaken within 3 days of the Order, otherwise we may be unable to alter delivery date.

 

5.2 All of Our Orders will be delivered by a Third-party courier. Once We have despatched the Goods from our Site, the courier will manage the delivery. The third-party courier will send tracking updates to the mobile or email address submitted at the time of Order. For You to receive the tracking updates the mobile and email address must be accurate for You to access the tracking facility. Incorrect mobile and emails may lead to You not receiving the tracking details and We hold no liability if this creates a delay or other issues with the delivery date to Your delivery address.

 

5.3 We will deliver the Goods to the address You specify for delivery in your Order. It is important that this address is accurate as We will only supply to the delivery address submitted with the Order. Please be precise about where You would like the Goods left if You are out when We deliver. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with Your delivery instructions. 

 

5.4 We will aim to deliver within the quoted time frame, but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, We will contact You to advise You that the delivery date will have to be extended. If the delivery is delayed or altered by You We will not be responsible for any loss or damage caused to the Order from this delay.

 

5.5 Pallet delivery: We sometimes use pallets to deliver your Order. Pallets form part of the product packaging and are non-returnable. You can reuse these pallets or dispose of them independently. Pallet deliveries require a hardstanding area, and this must be available at the time of delivery. Failure to provide this may result in an additional charge if a revised delivery or alternative off-loading is required. 

 

6. Damage or Loss in Transit

 

6.1 We will replace at no extra cost to You any Goods damaged during transit to the point that the plant is considered not viable for planting on or before delivery, provided that You notify Us of the damage by telephone or in writing (email preferred) as soon as is reasonably possible within 2 Days after receipt of the Goods. Photographic evidence of damage is required for all damage claims and must be sent to our enquiries email – en*******@*******************co.uk.

 

6.2 The issue of damaged goods during transit does not apply to the condition of plants as stated in Clause 1.3 above.

 

6.3 We will replace at no extra cost to You, any Goods which in Our reasonable opinion have been lost in transit provided that You notify us by telephone or in writing if the Goods fail to arrive within 2 days after the anticipated delivery date.

 

Please use the form on the “Contact Us” page to advise of lost items or email our enquiries email – en*******@*******************co.uk.

 

7. Risk and ownership

 

7.1 Risk of damage to or loss of the Goods passes to You once the Goods have been delivered to the agreed address or, if You fail to take delivery at the agreed date and/or Tracked Delivery date, the time when We tried to deliver.

 

7.2 You will only own the Goods once they have been successfully delivered and when We have received cleared payment in full. 

 

7.3 Until ownership of the Goods has passed to You then You are responsible for taking all necessary steps to prevent damage, loss or harm to the Goods in your possession and You shall insure the Goods at Your expense and for Our benefit. 

 

7.4 If You become insolvent before We have received full payment for the Goods, We may take the Goods back at Your expense. In the event that You become insolvent, You authorise Us or Our agents or representatives to enter Your premises in Order to take back the Goods or to inspect the Goods.

 

8. Allergies

 

8.1 A few of our flowers may be harmful or poisonous to humans and pets. For further information please visit the individual plant information online for more details. All plants bought, excluding animal plants and herbs, are for planting out and not for human or animal consumption. We are not able to provide details of any potential allergic reaction to plants as is not possible and We consider it is the responsibility of the Customer to determine what plants/seeds/bulbs may cause them issues/reactions and respond accordingly.

 

9. Returns and cancellations

 

9.1 Please read our returns policy on our Website.

 

10. Warranty

 

10.1 . Subject to Clause 1.3 above and 10.2 below, We warrant that the Goods are of a satisfactory quality and reasonably fit for their normal purpose. We do not give any other warranties in respect of the Goods, their condition or delivery, and any warranties implied by statute are excluded to the fullest extent permissible under law.

 

10.2 We do not offer any warranties as to the accuracy or completeness of the information contained in any of the Goods.

 

10.3. We are not able to guarantee that a plant, bulb or seed will produce flowers at a particular time, survive planting or in terms of seeds germinate without weed issues in the soil. That’s because this is largely determined by external factors beyond our control, such as the conditions they are sown or planted in, the availability of water, light and nutrients. Correct management of the planting process/seed sowing and aftercare is the sole responsibility of the customer and we recommend You refer to the factsheets supplied with the Order.

 

10.4 We will ensure that the plants/seed/bulbs will be sent in good health condition (excluding items in Clause 1.3) at the time of despatch and will be of the type Ordered, or if that type is not available, We will let You know by email and, if possible, suggest a suitable alternative which is available. If You do not want the alternative suggested, You will be entitled to Order another plant or cancel your Order, as You wish. 

 

10.5. If You believe that the Goods are not of a satisfactory quality, You may, within 2 days of delivery, notify Us in writing stating (use enquiries email) the reason for Your dissatisfaction. If We authorise return of the Goods and they are returned to Us in their original condition and at Your expense, We will promptly replace them or refund the Price of such Goods.

 

10.6. These Terms and Conditions do not affect any statutory rights You may have.

 

11. Liability

 

11.1 If You have a valid claim in respect of any of Goods which is based on any defect in their quality or condition or their failure to meet specification in accordance with the Contract, and You have returned the Goods within a reasonable time, You will be entitled to choose either a refund of the price of the Goods or replacement Goods free of charge.

 

11.2 We shall not be liable to You in connection with any contract, in tort (including negligence), contract or otherwise for any loss of profit, anticipated savings or data that you or your business may suffer.

 

11.3 We shall not be liable for any plants/seeds or bulbs which do not survive planting or seed sowing or where other factors such as weeds have caused an issue. We recommend all Customers ensure they undertake all the correct site preparation and aftercare management to ensure the plants/bulbs survive and/or seeds germinate. If there is a total loss of plants or no germination of seeds we recommend you contact us at the enquiries email – en*******@*******************co.uk to obtain advice.

11.4 We will continually improve the Goods, so changes to them may be made at any time. We will use reasonable commercial endeavours to keep the Website up to date, but the information and specifications given are for your information only and are subject to change without notice. Pictures on the Website are generally accurate but variations in colour, shape and size must be expected. Most pictures show mature plants and flowers and therefore if plug plants are bought, they are smaller younger plants that will take time to mature. This means the size of the plant and flowers may be different to the website pictures.

 

11.5 The content of the Website is directed solely at those who access the site from addresses within the Delivery Area.

 

11.6 We assume no responsibility for the contents of any other Websites to which this Website has links.

 

11.7 These terms and conditions do not affect your statutory rights as a consumer.

 

12. Matters out of our control

 

12.1 We will not be liable to You or in breach of the Contract for delay or failure to perform due to a cause beyond our reasonable control or a Force Majeure.

 

13. Copyright

 

13.1 All of the written, photographic, design and audio content of the Website together with the selection and arrangement of it and all software compilations are our copyrighted property or that of the people who have granted to us the right to use it and is protected as such. All rights reserved.

 

13.2 None of this material may be used without our written permission. You may download or print a single copy of information sheets/invoices sent to You for your own non-commercial off-line viewing.

 

13.3 All names, logos, slogans, or other phrases may be a trademark of ours or another person or corporation. Any unauthorised use of a trademark is unlawful.

 

14. Privacy

 

14.1 Please read our privacy policy on our Website which explains how We will not pass on your details to any third party.

 

15. Changes

 

15.1 We reserve the right to make changes to this Website and these terms at any time without notice.

 

16. Complaints

 

16.1 If You wish to complain about any aspect of our service, please use our “Contact Us link.

 

17. Governing law and jurisdiction

 

17.1 These terms will be governed by English law, and any disputes will be resolved exclusively by the English Courts.

 

18. General

 

18.1 Emails to You will be to the address You specify to us. It is important that You give us an accurate and valid e-mail address and contact telephone number and tell us of any changes to them.

 

18.2 If either We or You fail to enforce a right under these terms, that failure will not stop us or You from enforcing the other rights, or the same type of right on a later occasion.

 

18.3 To the extent that any provision of these terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be a part of these terms, it will not affect the enforceability of the remainder of these terms nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

 

18.4 The headings in these terms are for convenience only and will not affect their interpretation.