Trading Terms
Definitions
The website located at www.palmcentre.trade (referred to as “this website”, “the website”, or “our service”) is operated and managed by The Palm Centre Ltd, together with its subcontractors (collectively referred to in this document as “The Palm Centre”, “we”, or “us”).
"Order" means a request submitted by a customer to purchase products listed on the website. Submission of an order constitutes an offer to purchase, and no binding contract shall exist unless and until The Palm Centre has issued an order confirmation or otherwise expressly accepted the order in writing. Fulfilment of any order is subject to stock availability, delivery feasibility, and any other relevant operational constraints.
"Trade Customer" is defined as a business or professional entity - such as a sole trader, partnership, limited company, charity, or other recognised organisation - engaged in landscaping or related industries (including but not limited to landscape designers, landscape contractors, horticulturists, and garden maintenance professionals), who has been accepted and registered by The Palm Centre under a trade agreement. References to “you” in this document refer to the trade customer.
"Trading Price" refers to the discounted price at which products may be purchased by trade customers. The applicable discount is calculated as a percentage reduction from the "Retail Price", which is the standard price offered to non-trade customers for products and services available through The Palm Centre.
These definitions apply throughout the Trading Terms and Conditions and shall have the same meaning whether used in singular or plural form.
Scope
These Terms and Conditions govern the commercial relationship between you, as a Trade Customer, and The Palm Centre Ltd in connection with the purchase of products and services offered through the website www.palmcentre.trade.
By registering as a Trade Customer and/or placing an order through the website, you acknowledge and agree to be bound by these Terms and Conditions, which apply to all transactions conducted under the trade account. These terms take precedence over any other terms or conditions submitted by you unless otherwise agreed in writing by The Palm Centre.
These Terms and Conditions apply exclusively to trade customers only and do not govern transactions made by individual consumers or members of the general public purchasing at retail prices.
The Palm Centre reserves the right to amend or update these Terms and Conditions at any time. Any changes will take effect from the date they are published on the website, and continued use of the trade account or placement of orders after such publication shall constitute acceptance of the revised terms.
Discounts & Pricing
The price payable for the goods shall be either:
• the price stated in a valid written quotation provided by The Palm Centre Ltd (the “Company”); or • where no such quotation has been provided, or where the quotation is no longer valid, the price listed in the Company’s published trade price list, as applicable on the date the Order Confirmation is issued, less any trade discount applicable to the Customer’s trade account at that time.
All prices quoted are exclusive of VAT, and unless otherwise expressly stated, are shown ex-nursery and exclude packaging, insurance, carriage, customs duties, and any other applicable taxes or charges. These additional costs shall be payable by the Customer in addition to the price of the goods.
In the event that the Customer requests a delay or postponement of delivery beyond the originally agreed delivery date, The Palm Centre reserves the right, at its sole discretion, to charge for any reasonable costs or losses incurred as a result. This may include, without limitation, additional husbandry, storage, or handling costs arising from the delay.
The Palm Centre reserves the right to amend pricing or trade discounts at any time without prior notice; however, any confirmed Order will be charged at the price and discount agreed in the relevant Order Confirmation.
1. Catalogue
1.1 The Palm Centre takes reasonable care to ensure that all product descriptions, specifications, dimensions, colours, and pricing displayed on the website are accurate and up to date. However, due to technical limitations, actual colours may vary from those displayed on screen. In the case of live plants, natural variation in shape, size, and appearance should be expected due to seasonal and biological growth factors.
1.2 Indoor plants may be photographed in decorative containers for illustrative purposes only. Unless expressly stated otherwise, all plants are supplied in standard plastic nursery pots.
1.3 Wherever possible, product images are of the actual specimens available at our nursery. However, where such images are not available due to technical or logistical limitations, we will, upon request, provide a photograph of the specific specimen being considered for purchase, where reasonably practicable.
1.4 Some product images may show plants in flower or in full leaf to demonstrate their potential seasonal appearance. Due to seasonality, plants ordered at certain times of year - particularly deciduous varieties - may be supplied without flowers, foliage, or other seasonal characteristics.
1.5 All plant dimensions listed are approximate. Variations between individual specimens are to be expected. For indoor plants, the listed height includes the nursery pot. For outdoor plants, the listed height is measured from the top of the nursery pot to the tip of the tallest leaf, unless otherwise indicated.
2. Ordering
2.1 Orders requiring delivery may be subject to a minimum order value, which is calculated based on the applicable trading prices and excludes delivery charges. The applicable minimum order value, if any, will be stated on the website or communicated at the time of order.
2.2 All orders placed through the website are subject to availability at the time full payment is received and recorded. The Palm Centre shall not be liable for any delays, stock changes, or order cancellations arising from unpaid orders pending the trade customer's payment confirmation.
2.3 Delivery charges are calculated once the order has been acknowledged by a member of The Palm Centre team. Delivery costs will be confirmed separately and must be accepted by the trade customer prior to dispatch.
2.4 While The Palm Centre will use reasonable efforts to ensure the accuracy of all product information, including descriptions, pricing, and stock levels, errors may occasionally occur. In such cases, The Palm Centre reserves the right to correct any errors or inaccuracies without prior notice. It remains the trade customer’s responsibility to assess the suitability of any product for their specific project or intended use.
2.5 The Palm Centre reserves the right, at its sole discretion, to cancel or decline to fulfil any order that contains material pricing errors or inaccuracies, even after an order has been placed or acknowledged. In such cases, the customer will be informed as soon as practicable, and any payments made will be refunded in full where applicable.
3. Order Acknowledgement
3.1 Unless otherwise stated in writing, all quotations issued by The Palm Centre Ltd ("the Company") are valid for 30 days from the date of issue. All quotations are provided subject to the availability of the goods at the time the Customer confirms the order and the Company issues an Order Confirmation.
3.2 A quotation does not constitute a binding offer. No contract shall be formed until the Company has acknowledged and confirmed the order in writing, typically by issuing an official Order Confirmation.
3.3 The Palm Centre reserves the right to withdraw or amend a quotation prior to order confirmation, particularly in cases of pricing errors, changes in availability, or other unforeseen circumstances.
4. Payment
4.1 The Palm Centre Ltd (the "Company") reserves the right to require full payment for goods at the time of order acceptance, unless alternative payment terms have been agreed in writing.
4.2 The Company may, at its sole discretion, extend credit terms to the Customer. This is subject to completion, approval, and ongoing review of a credit account application.
4.3 If, in the Company’s opinion, the creditworthiness of the Customer deteriorates at any time, the Company reserves the right to require full or partial advance payment for any of the following:
• 4.3.1 Orders already accepted by the Company, prior to delivery;
• 4.3.2 Orders not yet accepted, as a condition of acceptance;
• 4.3.3 The Company may also issue an invoice at its discretion upon receipt of an order or at any time prior to or after delivery of the goods.
4.4 Where the Company has extended credit terms to the Customer, whether under this clause or otherwise, all invoices are payable in full, without set-off or deduction, within 30 days of the invoice date, and in the currency stated on the invoice.
4.5 If the Customer fails to pay any invoice by its due date:
• 4.5.1 Any discounts stated on that invoice shall be forfeited;
• 4.5.2 Interest shall accrue on the overdue amount from the due date until full payment is made (whether before or after judgment), on a daily basis at a rate of 4% per annum above the base rate of HSBC bank;
• 4.5.3 The Customer shall reimburse the Company for all reasonable costs and expenses (including legal fees and collection agency charges) incurred in recovering the outstanding amount;
• 4.5.4 The Company reserves the right to cancel the contract, suspend further deliveries, or both, without further liability.
5. Fulfilment & Title
5.1 For the purpose of section 12 of the Sale of Goods Act 1979 the Company shall transfer only such title or rights in respect of the Goods as the Company has and if the Goods are purchased from a third party shall transfer only such title or rights as that party had and has transferred to the Company.
5.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Company and shall not pass to the Customer until the Customer has paid the price of the Goods in full and no other sums whatsoever are due from the Customer to the Company.
5.3 Until title passes the Customer shall hold the Goods as bailee for the Company and shall (at no cost to the Company) store or mark them so that they can at all times be identified as the property of the Company.
5.4 The Company may at any time before title passes and without any liability to the Customer:-
5.4.1 repossess and remove and use or sell all or any of the Goods and by doing so terminate the Customer’s right to use, sell or otherwise deal in them; and
5.4.2 (for that purpose or determining what if any goods are held by the Customer and inspecting them) enter any premises of or occupied by the Customer.
5.5 The Company may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Customer.
6. Delivery & Risk
6.1 Delivery of goods shall be deemed to occur when the Company makes the goods available to the Customer, their agent, or nominated carrier, either at the Company’s premises or another agreed delivery location.
6.2 Risk in the goods passes to the Customer upon delivery as defined in Clause 6.1, regardless of whether the Customer has signed a delivery note or been invoiced.
6.3 Unless otherwise agreed in writing, the Company may, at its sole discretion, deliver the goods by instalments in any sequence.
6.4 In the case of delivery by instalments, any delay or failure by the Company to deliver one or more instalments shall not entitle the Customer to cancel the contract or reject prior or future instalments.
6.5 Any delivery dates provided by the Company are estimates only. Time for delivery shall not be of the essence, and the Customer shall not be entitled to cancel any order or claim compensation or damages due to the Company’s failure to meet any estimated delivery date, regardless of cause.
6.6 Where delivery occurs at a location other than the Company’s premises, the Customer is responsible for ensuring safe, unobstructed access to a clear and secure offloading site. The Customer shall also provide, at its own expense, any equipment required for unloading and ensure that such equipment and its operator comply with all applicable legal and safety requirements. If the Customer fails to comply:
• 6.6.1 The Company shall have no obligation to offload the goods; and
• 6.6.2 The Customer shall be liable for any additional costs incurred by the Company, including but not limited to further transport, storage and plant husbandry charges.
6.7 The Company reserves the right to charge the Customer for standing or waiting time if offloading is delayed for any reason outside the Company’s control.
6.8 If the Customer fails to take delivery of the goods on the agreed date, or fails to provide the necessary instructions, access, or documentation to enable delivery:
• 6.8.1 The Company may store or arrange storage of the goods at the Customer’s risk; and
• 6.8.2 The Customer shall be liable for all associated costs, including but not limited to storage fees, insurance, transport and husbandry.
6.9 Where goods are delivered in returnable containers, the Customer must ensure they are emptied and made available for collection in a clean condition. The Company reserves the right to:
• Decline to collect containers containing waste, packaging, or plant debris; or • Collect and charge a minimum of £20.00 per container for waste disposal services.
6.10 All plant products are supplied in good faith and believed to be true to name at the time of dispatch. In the event of an error in plant identification or naming, the Company’s liability shall be strictly limited to the invoiced value of the affected goods. The Company shall not be liable for any indirect, consequential, or financial losses, including but not limited to loss of profit, business interruption, or project delays.
7. Guarantees & Limitation of Liability
7.1 The Palm Centre Ltd (the “Company”) warrants that the goods supplied shall conform to any written specification agreed with the Customer, comply with their description (subject to Clauses 4.3 and 7.10), and be of satisfactory quality, as defined under applicable law.
7.2 Any claim by the Customer that the goods were not delivered, or were delivered dead, damaged, of incorrect quantity, or (subject to Clause 7.10) not as described, must be notified verbally within 2 working days of delivery and confirmed in writing within 7 calendar days. Claims received after this period may not be accepted.
7.3 The written notification must include full details of the issue, including but not limited to the type, species and quantity of the goods concerned.
7.4 The Company must be given a reasonable opportunity and access to investigate any claim under this clause and, where appropriate, to collect or inspect the goods in question.
7.5 Unless expressly agreed otherwise in writing, the Company shall not be liable for:
• 7.5.1 Defects resulting from weather, accident, neglect, improper care, misuse, or use contrary to the Company’s instructions or advice;
• 7.5.2 The suitability of goods for a particular purpose or specific project conditions, whether or not these were made known to the Company;
• 7.5.3 Any reliance on descriptions, images, illustrations, weights, dimensions, or other representations made in catalogues, price lists, or the website;
• 7.5.4 Substitution of any species or variety, where such substitution does not materially affect the characteristics of the goods and the substituted goods are of equal or superior quality;
• 7.5.5 Claims where the Customer has failed to follow the procedures set out in Clauses 7.2 to 7.4;
• 7.5.6 Any liability where the total invoice price has not been paid in full by the due date.
7.6 Where liability is accepted under this Clause 7, the Company may, at its sole discretion, either:
• Replace the goods with equivalent items; or • Refund the Customer the purchase price of the affected goods.
Delivery of any replacement goods shall be subject to Clause 6.
7.7 In periods of adverse weather conditions (including storms, freezing temperatures, drought or excessive heat), the Company may, at its absolute discretion and without liability, delay or withhold delivery of goods if it reasonably considers the conditions unsuitable for transportation or delivery.
7.8 Where the Company incurs additional storage, handling, or husbandry costs as a result of any delivery being withheld under Clause 7.7, these costs may be charged to the Customer.
7.9 Despite the Company’s quality controls and best efforts, it does not warrant that plants or goods are:
• Free from infection, infestation, or disease; or • Not of a type that may be poisonous, irritant, or hazardous, unless such characteristics are expressly disclosed in the Company’s product description or the Customer’s order.
7.10 Except as expressly set out in these Terms, all warranties, conditions, and terms implied by statute or common law (including but not limited to those relating to merchantability or fitness for purpose) are excluded to the fullest extent permitted by law.
7.11 The Company shall not be liable for any loss of profits, loss of contracts, loss of business, or for any indirect, special, or consequential damages arising out of or in connection with the supply or use of the goods, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise - even if the Company was advised of the possibility of such losses.
7.12 Nothing in these Terms shall limit or exclude the Company’s liability for:
• Death or personal injury caused by its negligence; • Fraud or fraudulent misrepresentation; or • Any matter for which it would be unlawful to limit or exclude liability. Subject to the foregoing, the Company’s total liability for any claim or series of related claims, whether in contract, tort (including negligence), or otherwise, shall not exceed the invoiced price of the goods giving rise to the claim.
8. Entire Agreement
8.1 If any provision of these Conditions is declared by a court or other competent authority to be void, voidable, illegal, or otherwise unenforceable, or if indications of such unenforceability are received by either party, that provision shall be limited or severed to the minimum extent necessary to ensure that the remainder of these Conditions continue in full force and effect.
8.2 These Conditions, together with the Customer’s order and the Company’s Order Confirmation, constitute the entire agreement between the parties and supersede all prior agreements, representations, and understandings relating to their subject matter.
8.3 No failure or delay by the Company in exercising any right or remedy under these Conditions, nor any waiver of any breach by the Customer, shall operate as a waiver of any subsequent breach of the same or any other provision.
8.4 Any contract incorporating these Conditions is personal to the Customer. The Customer may not assign or transfer any of its rights or obligations under the contract without the Company’s prior written consent, which may be withheld at the Company’s sole discretion.
8.5 Except as expressly provided herein, and except for any third-party rights expressly granted by these Conditions, no person who is not a party to the contract shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract. This clause does not affect any right or remedy of a third party that exists independently of that Act.
9. Governing Law
9.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
9.2 The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with these Terms and Conditions or their subject matter.
10. Revisions
10.1 These Terms and Conditions were last reviewed in July 2025. The Palm Centre Ltd reserves the right to update, modify, or supplement these Terms and Conditions at any time, with such changes becoming effective immediately upon being posted on this website.
10.2 By continuing to use the website or placing orders after any such changes, you agree to be bound by the updated Terms and Conditions, whether or not you have reviewed them.
10.3 We recommend that you review these Terms and Conditions periodically to stay informed of any updates.
Effective Date
These Terms and Conditions shall commence and continue to govern your use of the website until superseded or amended.
- August 2025 -