Foreword

The mission of Suffolk Fruit and Trees, with their website realenglishfruit.co.uk, is to enable everyone to enjoy the beauty of fruit trees in their own gardens and properties, and to benefit from the blossom and fruit that they produce. We accomplish this by supplying quality trees in combination with our unique heritage of knowledge, developed over the course of over fifty years’ experience in the business of fruit trees. We are passionately interested in trees, and we want to ensure that all our customers receive healthy trees that go on to become valued items in the garden. Our Orchard Pack, with five trees selected according to the client’s necessities and preferences, is the simplest method of creating a garden orchard: these terms and conditions apply to the Orchard Pack and equally for all the other products sold on this website. During the process of defining your final order, we will always do our best to recommend those varieties most suitable for the location where you want to plant the trees, in terms of soil, climate, pollination and other factors.

These terms and conditions have been compiled in accordance with Directive 2000/31/EC on electronic commerce, Directive 95/46/EC on the protection of individuals with regard to the processing of personal data, and Directive 2002/58/EC on the processing of personal data and the protection of privacy. However, trees differ from many other products in that they are living organisms, and so these terms and conditions incorporate the exceptions to Directive 2000/31/EC, in particular regarding order cancellation, the return of products, and guarantee terms, because they require correct treatment to keep them in good health.

We would like to underline that we are tree people; we like working with trees, and with people who want to grow trees, and so we infinitely prefer solving any problems that may arise by giving you the benefits of our many years’ experience in tree growing. We prefer common sense, goodwill and normal communications, rather than paragraphs of small print!

About us

The Service Provider operating on this website is Suffolk Fruit & Trees, whose website is named realenglishfruit.co.uk. The geographical address of the Service Provider is Suffolk Fruit and Trees, The Orchards, Oaktree House, Braiseworth near Eye, Suffolk, IP23 7DS. The Service Provider can be contacted any time by email at enquiries@realenglishfruit.co.uk. We endeavour to provide a response to any email within 48 hours. Prices shown on the website and communicated to customers should be considered as not inclusive of delivery costs. VAT is not applicable to trees in the UK and so is not applied to our prices. For any order, the customer will be informed as to the total amount due, including delivery. In the case of deliveries to locations outside the UK, any additional local taxes must be paid by the customer.

Your personal information

We ask you for your address and phone number initially to ensure that the trees that you would like to order are suitable for your location, and subsequently for the purpose of delivery. In accordance with the terms of Directive 2002/58/EC, your data will be stored and processed purely to implement your order and deliver your goods; your e-mail communications will be stored as part of existing customer relationships. You can gain access to your personal information stored by the Service Provider Suffolk Fruit & Trees at any time by contacting us at enquiries@realenglishfruit.co.uk, and request the modification or deletion of your personal data. Your personal information will not be used for any marketing operations, and it will not be disclosed to any third party

Your order

In the email message that we send in response to your provisional order (and so prior to receiving your payment for the order), we will provide the following information:
– full details of the supplier Suffolk Fruit & Trees, including our address;
– description of the goods to be supplied
– the price of the goods or services;
– delivery costs;
– the arrangements for payment and the approximate delivery date;
– the existence of your right to cancel and the terms of order cancellation;
– whether or not certain products in your order are unavailable and can be substituted by other appropriate products;
– notification that we will refund the price that you have paid for any goods that do not correspond to the final confirmed order;
– notification that the delivery of your products can only take place at a certain time of year, generally from late November until April, due to the biological characteristics of the goods;
– information on our after-sales services and guarantees.

If certain products in your provisional order are not available, we will suggest substitute trees, and we will always wait for your agreement on the final order. Only then will we send you final order confirmation with the invoice, complete with payment details.

Once we have received payment, we will endeavour to ensure that the delivery corresponds exactly to the varieties you have ordered. Occasionally, adverse nursery conditions may mean that we are unable to supply one of the varieties in your order. In this case we will contact you in advance and propose an alternative variety, or a refund for that particular tree.

Cancellation

Our terms of cancellation necessarily avail of the exception clause in Directive 2000/31/EC because of the nature of the products, living organisms that require specific treatment to ensure their survival. For this reason, you can cancel your order up to five working days before the agreed date of delivery. After receiving your order cancellation, we will refund the sum that you have paid in full, as soon as possible, and in any case within 30 days from cancellation. After the date of five working days before the agreed date of delivery, we cannot accept order cancellations.

Delivery

We will inform you when the trees will be dispatched: we cannot accept any liability in the case of loss of trees after delivery, and so please ensure that the delivery address that you provide is correct so that you can receive the trees immediately and proceed with planting or protecting them according to the instructions provided. If there are any problems with the trees that you receive, please contact us immediately, stating the nature of the problem. We pack the trees carefully before dispatch, and damage in transit is very rare. In the case of serious damage we will refund the cost of the damaged trees. Due to the nature of the products, living organisms, we will consider the refund of damaged trees only in the case that we receive notification of the problem within seven days from the dispatch of your order.

Return of unwanted goods

Because of the nature of the products, living organisms that require specific treatment to ensure their survival, we cannot accept the return of goods from the customer, and we cannot provide a refund for trees that the customer has decided that he or she no longer wants.

Errors in delivered order

If the trees that we deliver do not correspond to the final confirmed order, we will refund in full the cost of the products that were not delivered, as soon as possible, and in any case within 30 days from your notification of our error. Please send a digital photograph of the trees with their labels, which should be clearly legible in the photograph, within seven days after the date of delivery. Due to the nature of the products, we cannot recover the goods erroneously delivered.

Guarantee

We provide a one-year guarantee on the trees that you have purchased. Our trees are quality products, and we try to ensure that the varieties that you have ordered are suitable for your location and local conditions. We are confident that they will grow well and provide you with lasting satisfaction. Very occasionally, a tree may die in its first year. This is usually due to inappropriate conditions, or incorrect treatment. If it is due to a problem with the tree itself, and the tree is not performing, in spite of your correct care, we will refund the cost of the tree or trees involved. In this case, please send us a digital photograph of the tree, showing the label. This guarantee applies for up to 12 months after delivery. Please note that pictures of failing trees must be made in situ, when the trees are still in the place where they were planted: we must be notified before the first of July of the same year as delivery; we reserve the right to ascertain that the trees have been treated as per our recommendations.

Exceptions to the guarantee

As our products are living organisms, there are some exceptions to our one-year guarantee, which does not apply in the case that the trees have not been treated according to the instructions supplied, for example, if they have not been planted or heeled in and sufficiently watered.

Problems with trees after their first year

We cannot replace or refund trees that show problems in years following their first season. However our telephone and email consultancy and advice service is available to customers at all times, and we encourage you to contact us for any problem you may have with your trees.

Performance of the order

Our terms and conditions avail of the exception clauses in Directive 2000/31/EC due to the nature of the products, living organisms that can only be delivered at certain times of year. We can only deliver the products that you have ordered in those months that trees can be raised and replanted, generally from late November until April.

 

Contact us: enquiries@realenglishfruit.co.uk

Phone 01379 870759