Delivery Terms
1. Delivery Fees and Title to Goods
1.1 Transfer of Title
For the purposes of section 12 of the Sale of Goods Act 1979, The Palm Centre shall transfer only such title or rights in respect of the Goods as it possesses. Where the Goods have been purchased by The Palm Centre from a third party, The Palm Centre shall transfer only such title or rights as that third party had and has transferred to The Palm Centre.
1.2 Retention of Title
Notwithstanding the earlier passing of risk, title in the Goods shall remain with The Palm Centre and shall not pass to the Customer until the Customer has paid the full purchase price for the Goods and all other sums owed to The Palm Centre.
1.3 Customer’s Obligations Before Title Passes
Until title passes, the Customer shall hold the Goods as bailee for The Palm Centre and shall, at no cost to The Palm Centre, store or clearly mark the Goods so that they can be identified at all times as the property of The Palm Centre.
1.4 Rights of The Palm Centre Prior to Transfer of Title
Before title passes and without incurring any liability to the Customer, The Palm Centre may:
1.4.1 Repossess, remove, and use or sell all or any of the Goods, thereby terminating the Customer’s right to use, sell, or otherwise deal with the Goods; and
1.4.2 Enter any premises owned or occupied by the Customer for the purpose of repossession, inspection, or to ascertain what Goods are held by the Customer.
1.5 Action for Price
The Palm Centre reserves the right to maintain an action for the price of any Goods notwithstanding that title in those Goods has not passed to the Customer.
2. Delivery & Risk
2.1 Delivery Point
Delivery of the Goods shall be deemed complete when The Palm Centre makes the Goods available to the Customer, its agent, or carrier at The Palm Centre’s premises or another agreed delivery location.
2.2 Transfer of Risk
Risk in the Goods shall pass to the Customer upon delivery as defined in clause 2.1.
2.3 Instalment Deliveries
The Palm Centre may, at its sole discretion, deliver the Goods by instalments and in any order, unless otherwise agreed in writing.
2.4 Effect of Partial Delivery
Where Goods are delivered by instalments, any failure or default by The Palm Centre in relation to any instalment shall not invalidate the contract for Goods already delivered or those yet to be delivered.
2.5 Delivery Dates
All delivery dates provided by The Palm Centre are approximate. Time shall not be of the essence regarding delivery, and The Palm Centre shall not be liable for any losses, damages, or cancellation of orders due to delays.
2.6 Customer’s Responsibilities for Delivery Off-Site
Where delivery occurs at a location other than The Palm Centre’s premises, the Customer shall:
• Provide unobstructed access to a clear and safe site for off-loading; and • Ensure, at their own cost, the availability of suitable off-loading equipment and compliant operators meeting all relevant legislation. Failing to meet these obligations:
2.6.1 The Palm Centre shall have no obligation to attempt off-loading; and
2.6.2 The Customer shall bear all additional costs incurred, including but not limited to transport, storage, and handling.
2.7 Standing Time Charges
The Palm Centre may charge the Customer for any standing time resulting from off-loading delays, at its absolute discretion.
2.8 Failure to Take Delivery
If the Customer:
• Fails to take delivery on the due date; or
• Fails to provide necessary instructions or documentation for delivery, The Palm Centre may:
2.8.1 Store the Goods or arrange their storage; and
2.8.2 Charge the Customer for all reasonable expenses related to such failure, including storage, insurance, and handling costs.
2.9 Returnable Containers
Where Goods are delivered in returnable containers, these must be empty at the time of collection. The Palm Centre may refuse to collect containers containing rubbish, waste materials, packaging, or pots, or may collect and charge the Customer for disposal at a minimum rate of £20.00 per container.
2.10 Accuracy of Product Names
All products supplied are believed to be true to their given names. In the event of an error in plant names, The Palm Centre’s liability shall not exceed the invoice price of the affected product. Claims for loss of profit or additional expenses beyond the invoice value will not be considered.
3. Collection From The Palm Centre
3.1 Collection
Customers may collect their orders directly from The Palm Centre nursery at the agreed time and date.
3.2 Holding Period
The Palm Centre will hold the Goods for a period of 1 week from the date the order is confirmed ready for collection. If the Goods are not collected within this period, The Palm Centre reserves the right to return the Goods to stock without further notice.
4. Arranging Delivery
4.1 Delivery Estimates
Delivery timescales stated on The Palm Centre Trade Desk website, or delivery dates provided by email, are estimates only. We advise you not to arrange any ancillary services by third parties, such as landscaping firms or gardeners, until goods have been delivered. We cannot be held responsible for any unnecessary expenses incurred if you rely on a delivery estimate that is not met.
4.2 Contact After Order
Once you have placed your order, we will contact you to discuss delivery arrangements within 2 working days.
4.3 Oversized Plants
Oversized plants that exceed a certain size require prior discussion before ordering so we can determine the most appropriate delivery method.
4.4 Order Processing Times
Orders received after 1pm on weekdays, at weekends, or on public holidays will be processed on the next working day. Deliveries are not made on Saturdays, Sundays, or public holidays.
4.5 Customer Responsibility for Accurate Details
It is the customer’s responsibility when placing an order to provide the full delivery address, including an accurate postcode. Customers must also supply a valid daytime contact telephone number and email address to allow us to notify you of any issues with your order or delivery.
4.6 Unattended Deliveries
If you cannot be present to accept delivery and want the goods to be left unattended, please notify us in writing prior to the delivery date by post, email, or leave a signed note in a secure place.
4.7 Order Confirmation and Delivery Date
When your order is placed, we will send a confirmation email containing your order reference number and contact details provided. This will be followed by information regarding the exact delivery date of your goods.
4.8 Missed Deliveries and Re-Delivery Charges
If you miss the delivery of your order, you will incur a re-delivery charge. We will be deemed to have fulfilled our delivery obligation upon the first attempted delivery. Any additional charges for re-delivery will be communicated to you prior to the re-delivery.
5. Receiving Delivery
5.1 Curb-side Delivery and Proof of Delivery
Delivery will typically be made to the kerbside at the specified delivery address. Our drivers are not required to provide assistance with unloading. Delivery will be deemed successful when the goods arrive at the specified address and:
• an adult aged 18 or over signs to confirm receipt; or
• the purchaser has provided prior written authorisation (e.g. signed note or email) permitting the goods to be left unattended.
For deliveries to non-residential addresses - such as commercial premises, government buildings, hospitals, airports, hotels, or similar - a signature from any authorised individual at the location will constitute valid proof of delivery.
5.2 Transfer of Responsibility
Responsibility for the goods transfers to the customer once they have been received by you, your agent, an authorised recipient, or when the goods are left as instructed via a signed authorisation. The Palm Centre shall not be liable for any loss or damage occurring after this point.
5.3 Reporting Damage Upon Receipt
If any item appears damaged on delivery, you must:
• sign the delivery note clearly marked “Damaged”; and
• notify us of the damage within 7 days of receipt.
We may request photographic evidence to assess the claim. Upon review, and if damage is confirmed, we will arrange a collection and either send a replacement or offer a suitable alternative or refund.
5.4 Claims Where No Damage is Noted at Delivery
Claims for damaged plants will not be accepted if the courier obtains a clean signature with no damage indicated on the delivery note. Signing "unchecked" or similar wording will not override your obligation to report any damage within the specified 7-day period.
If you have concerns after delivery or become aware of any issues - such as damage or plant quality - please contact us as soon as possible. Photographic documentation will help us resolve the matter promptly. Where appropriate, and subject to confirmation, we will arrange a replacement or issue a refund if a suitable replacement is unavailable.
Effective Date
These Terms and Conditions shall commence and continue to govern your use of the website until superseded or amended.
- August 2025 -