Terms and conditions for a plant nursery selling online

A nursery sells living things by post, in seasons, to gardeners whose conditions the nursery cannot control. The terms have to describe plants by size and season, deal with transit and despatch windows, comply with plant health rules, say what the nursery promises about establishment and what it does not, and run returns on goods that cannot be put back on the shelf. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Plant nurseries, garden centres and specialist growers in England and Wales selling plants, trees, bulbs, seeds and garden sundries to consumers through their own website by courier, with despatch tied to the growing season.

What matters in nursery online terms

Living plants, sizes and descriptions

Plants are described by species, pot size and approximate height or age, and the terms should say that plants vary in form and that images are representative, that plants may be pruned for transit, that flowering and fruiting depend on the season and conditions, and that a plant matching its description under the Consumer Rights Act 2015 is not faulty because it is smaller than the customer imagined. Bare-root and dormant plants should be described as such.

Despatch windows and seasonal delivery

Many plants are despatched in season, and the terms should say that orders are despatched in the stated window, that dates within it are estimates depending on weather and growth, that pre-orders are accepted for the next season with payment taken at order or despatch as stated, and that the customer will be told when the order ships. Extreme weather may delay despatch to protect plants.

Transit, arrival and the first days

Goods are at the nursery's risk until received, and the terms should say that plants damaged in transit must be reported promptly with photographs for replacement or refund, that plants should be unpacked, watered and planted or potted on receipt as instructed, and that a customer who leaves a box unopened for a week has taken the risk of what is inside. Plant health rules governing movement of plants under the Plant Health Act 1967 and the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 apply, including plant passports for professional operators, and the terms should say that the nursery complies with them and that some plants cannot be sent to some destinations.

Establishment, care and what is not guaranteed

A plant that arrives healthy and dies later has usually been affected by soil, position, water or frost. The terms should say that the nursery supplies plants in good condition, that establishment depends on the customer's care and conditions, that care instructions are provided and form part of the product, and that no guarantee of establishment is given unless a stated guarantee is offered with its conditions. A goodwill replacement policy should be described as such, not as a right.

Returns, prices and data

A consumer may cancel within fourteen days of receipt under regulation 30 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and living plants are not perishables in the legal sense unless they deteriorate rapidly, so the terms should say how plants are returned, that they must be returned promptly in the condition received at the customer's cost if the terms said so, and that the refund may be reduced for plants that have been planted, damaged or neglected. Prices include all mandatory charges, card payments carry no surcharge, and the privacy notice governs customer data.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Email me at geoffrey@caesar.co.uk with what you need and any documents, and I will confirm the scope and the fee in writing, usually the same working day. If you would rather pay straight away, buying online forms the engagement on payment: the scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I will be in touch promptly to get started.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

A customer says a shrub they planted in March died in June. Do we replace it?

If the terms say plants are supplied in good condition and establishment depends on the customer's care and conditions, with no guarantee unless stated, a replacement is a goodwill decision. If you offer a stated guarantee, its conditions apply.

A customer wants to return a tree because it is smaller than expected. Must we accept it?

If the tree matched its described size, it is not faulty, but the customer can still cancel within fourteen days and return it at their cost if the terms said so, with a deduction for any damage. Say the return conditions plainly.

Can we send plants anywhere in the UK?

Plant health rules restrict movement of some plants to some places, and the terms should say that the nursery complies with them and may decline orders it cannot lawfully send. Check the rules for your stock and destinations.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a florist selling online
• Terms and conditions for a landscaping business

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.