Subsidised tree scheme

Please read these terms and conditions carefully before making payment for the trees.

If you proceed with payment, you will be bound by these terms and conditions, and they will form a contract between you (details specified in your application form) and us (Norfolk County Council).

Where to find information about us and the trees

You can find everything you need to know about the Norfolk County Council's Subsidised Tree Scheme and the trees on our website. We are giving people in Norfolk the chance to apply for tree packs that are up to 50% off their original cost.

For businesses (not relevant to consumers)

We don't give business customers all the same rights as consumers.

• For example, business customers can't cancel their orders, they have different rights where there is a problem with a product, and we don't compensate them in the same way for losses caused by us or our products.
• You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

A. How to apply and purchase the tree packs

1. How to apply for the tree packs

1.1 There is an application process to purchase the tree packs, so we can check you have the right land permissions.

1.2. When you complete your application, you will receive a confirmation email with the link to pay for your trees. We will also ask you when you would like to collect your trees.

1.3. Please pay within 1 hour of receiving the payment link. If you do not, pay within 7 working days we will cancel your application.

1.4 Once you have paid, we will confirm the collection date and you will be responsible for collecting your trees.

For businesses (not relevant to consumers)

If you are a business customer you have no set-off rights.

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

2. Why we have rejected your application

2.1. We may reject your application because you have not provided enough information. If this is the case, you can re-apply using a new application form with the additional information.

2.2. We may reject your application because the information you have provided leaves us to reasonably conclude that it would not be a suitable placement for the trees and so we reserve the right to reject your application. For the avoidance of doubt, that decision is solely ours.

2.3. All orders for tree packs are subject to availability and we reserve the right to refuse to supply to any individual or business or to discontinue the offer at any time.

3. Your obligations

3.1. You agree not to use the tree packs for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

3.2. You will collect the trees on the pre-arranged date at the pre-arranged location.

3.3. You confirm that you have management control of the land to plant the trees. If you are a tenant, you confirm that you have permission from your landlord to plant the trees.

3.4. You confirm the tree planting is not required to mitigate the impacts of development under a planning consent or a restocking requirement following felling.

3.5. You will plant and maintain the trees for a minimum of three years and subsequently to allow to grow on to maturity.

3.6. You will allow Norfolk County Council representatives to conduct a site monitoring visit of the planted trees up to three years after the planting date (with a suitable notice period and prior agreement of a date).

3.7. You confirm the planting location is free from underground and/or overground utilities.

3.8. You confirm you have identified where the trees will be planted and that they will not create a significant amount of shade or limit usage on a neighbouring property.

3.9. You will pay the cost of the trees through the payment link within 1 hour of receiving the request for payment.

4. Trees can vary from their pictures, and we may need to substitute some tree species

4.1. A tree's true colour and size may not exactly match that shown on the website or its packaging may be different. The pictures are for illustrative purposes only and your trees pack may vary from the pictures.

4.2. We may need to substitute some tree species depending on stock availability. These substitutions are non-negotiable, but we'll make sure any substitute species are suitable for your pack.

5. What to expect from the trees once planted?

5.1 Without care many newly planted trees will die in their early years after planting. Information on caring for trees is available online.

5.2 Please be aware that it is perfectly normal for trees to look unhealthy at certain times of the year when dormant. Your tree will produce new leaves in spring as long as it is cared for correctly. If in doubt check the health of your trees by scraping back a small piece of the bark - pale new wood underneath means your tree is fine.

5.3 We cannot be held responsible for plants that fail to grow due to unsuitable soil conditions, inappropriate choice of plant for site conditions, inappropriate planting or maintenance, adverse weather conditions, lack of maintenance or other causes beyond our control. If you think there is a fault with your trees within 7 days of collecting the trees, then please refer to Clause 8.

6. We use your personal data as set out in our privacy notice

6.1. How we use any personal data you give us is set out in our Arboriculture and woodland privacy notice.

B. Returns and refunds

7. If you are a consumer, and you bought the trees online, you can change your mind about the trees. Clauses 7 does not apply to businesses.

7.1. If you change your mind once you have paid but have not collected your trees, then, please contact us at tree.project@norfolk.gov.uk. You have 14 days from when you make payment to change your mind and we will refund you. After this date you have no right to cancel the order.

7.2 Once you have collected the trees, the right to cancel the purchase because you have changed your mind does not apply to perishable goods such as trees. Depending on the type of tree you have purchased, if you do not plant your trees within 2-7 days, they may die and so we are unable to accept returns. This does not affect your statutory rights.

8. If there is a fault with the trees, you may be able to return the trees and request a refund. Clause 8 applies to both individuals and businesses.

8.1. We consider trees to be perishable items as they deteriorate rapidly if not stored in appropriate conditions. Therefore, if you consider within 7 days of collection the trees are faulty, then you may be able to return the trees and request a refund.

8.2. If you are concerned about the condition of your trees when you collect them, you must contact our team at tree.project@norfolk.gov.uk. Problems with your trees may occur due to damage in transit or other issues. We will ask you to provide images showing the condition of your trees as you received it/them, in order to identify the problem and rectify it as quickly as possible.

8.3. We may ask you to return the trees so we can assess them. If asked you must return your trees to us within 7 days of you telling us.

8.4. We reduce your refund if you have used or damaged trees. If you handle the trees in a way which would not be acceptable, we reduce your refund, to compensate us for its reduced value. In some cases, because of the way you have treated the trees, no refund may be due.

8.5. When and how we refund you. If we accept the trees are faulty and agree to refund you, we will refund you as soon as possible and within 14 days. We refund you by the method you used for payment. We don't charge a fee for the refund.

C. Other important terms that apply to our contract

9. We're not responsible for delays outside our control

9.1. If our supply of the trees is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will do what we can to reduce the delay.

9.2. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact tree.project@norfolk.gov.uk to end the contract and receive a refund for any trees you have paid for, but not received, less reasonable costs we have already incurred.

10. We pass on some increases in VAT

10.1 Prices displayed include VAT where applicable at the rate currently chargeable in the UK. If the rate of VAT changes between your order date and the date we supply the trees, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

11. We can end our contract with you

We can end our contract with you if:

11.1 You don't make any payment to us within 7 days of the request for payment; or

11.2 You don't collect the trees from us. If you have said you will collect the trees, but you don't do this by the end of the day of collection then we treat your order as cancelled.

12. We don't compensate you for all losses caused by us or our trees

We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

12.1. Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

12.2. Caused by a delaying event outside our control.

12.3. Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.

12.4. A business loss. It relates to your use of the trees for the purposes of your trade, business, craft or profession.

For businesses (not relevant to consumers)

Our liability to businesses. If you are a business, then, except in respect of the losses described in Losses we never limit or exclude, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us.

Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

• death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
• fraud or fraudulent misrepresentation;
• breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
• defective products under the Consumer Protection Act 1987; or
• any matter in respect of which it would be unlawful for us to exclude or restrict liability

No implied terms about goods. We exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

13. Complaints

If you have any complaints, please contact us first at tree.project@norfolk.gov.uk, so we may resolve your complaint. We will respond within 30 days.

14. Nobody else has any rights under this contract

This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

15. If a court invalidates some of this contract, the rest of it will still apply

If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

16. Even if we delay in enforcing this contract, we can still enforce it later

We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn't mean we can't do it later.

17. These terms are governed by English law and wherever you live, claims may only be brought in the English courts