Stairway Trees Limited
Standard Terms and Conditions of Sale

These are our terms and conditions of sale which will apply to all contracts with our customers.
These terms and conditions prevail over and are to the exclusion of all other contractual terms
unless expressly agreed by us in writing.

1. Delivery
1.1 We deliver to the UK mainland. If you live in the Highlands and Islands please ask for special shipping price.
1.2 Unless your order is over £250 we will leave safely without a signature. If the order is over £250 and a delivery date has been agreed you will ensure that you or another person authorised by you is available to accept delivery of the goods and provide a signature. Otherwise we reserve the right not to deliver without a signature of receipt, and to make an additional delivery charge, payable on actual delivery of the goods.
1.3 All confirmations show the date of the Monday of the week of delivery. We do not promise to deliver on any given day of a week and we may deliver a couple of days early. Delivery dates are weather dependent. Please note that the indicated delivery week applies to plants up to 1.8 metres in height. It is important that the collection and delivery of Taller plants, and specimen and fruit trees is organized more carefully so you should expect a delivery date about a week further out which will be confirmed to you within a couple of days of you ordering.
1.4 Risk in the goods sold passes to you on delivery, whether or not a signature of receipt has been obtained.
1.5 We do ask for your understanding when it comes to delivery dates. Plants are living organisms that perish unless treated appropriately. If conditions are not suitable for moving (or for planting) we reserve the right to delay delivery until they are. If this happens, it can affect several hundred orders so we notify you of any delay by email.

2. Availability, price and VAT
2.1 Your order is accepted subject to availability. VAT is excluded from all prices in our catalogue and website.

3. Substitution and sizing
3.1 If a plant variety or size is unavailable it will be replaced with a suitable substitute variety or the next size up (when available) without price change. Please let us know at the time of order if substitutions are unacceptable. Sizes shown are only indicative. Plant growth can vary widely between one year and the next. Therefore also please tell us in writing when ordering if oversize plants are not acceptable.

4. Payment and title
4.1 Payment is due with order. Where payment remains outstanding, title remains with Stairway Trees Limited until full payment has been received.

5. Complaints, guarantee and liability
5.1 Plants are warranted as being good quality, healthy stock at the date of delivery.
5.2 If you are unhappy with your purchase please either:
Refuse delivery if you are present when the delivery is made or,
if you cannot inspect your plants until later, repack your plants and return them to Stairway Trees within 7 days of delivery.
We will then refund their cost in full including the cost of delivery to you provided that they are in no worse condition on return to us than at the time of delivery. The cost of return is your responsibility. Once planted, you have expressed your satisfaction with the plants, you recognise they are perishable and that we have no control over the conditions in which you keep them, the ground in which they are planted, the manner in which they are planted or the way in which you tend your trees afterwards. Their health is your sole responsibility from delivery.
5.3 Nevertheless, if more than 5% of any plants that you buy from us die and be reported to us before the end of June following planting, we will replace them free of charge at the start of the next season, if:
You did not suffer from a hosepipe ban.
You send us 2 clear, in-focus photographs (preferably digital to john@stairwaytrees.co.uk) as soon as you think there is a problem. One from a distance to show the planting area, and one close up. We may also ask for a sample plant for analysis.
You meet the cost of carriage for the replacements.
This guarantee, which is not transferable, in no way affects your legal rights but is subject to plants being planted and looked after in line with the care notes from this website. We have the right to inspect the plants in situ and it is void if they have been removed without our receiving 7 days notice in writing by registered mail.
5.4 Our liability, however arising and including liability for negligence as well as all liability under the express and implied terms of the contract with you, is restricted to the replacement, or refund, of the goods sold and delivered. We will not be liable for any other direct or indirect loss suffered by you, including for loss of profits or other economic loss, even if we are made aware before the time of your order of any circumstances that might give rise to such loss. This paragraph does not exclude or limit our liability for death or personal injury caused by our negligence or for fraud.

6. Privacy
6.1 We keep your details. These let us send you catalogues and care notes. We never share them with third parties. If you do not wish to receive catalogues and other communications from us, please let us know.

7. Contact Details
We try very hard to resolve any issues customers may have and so we encourage informal communication in the first instance by email to john@stairwaytrees.co.uk or by telephone to +44 (0) 1292 590368.
However any formal communication with respect to these terms and conditions must be made by a registered mail service to:

Stairway Trees
Stair House Farm,
Stair, by Mauchline,
Ayrshire.