Terms of service
Last updated: 7 August 2026
These Terms apply to purchases made through our online store and to the use of our website and related online services. Our Refund Policy and Shipping Policy form an integral part of these Terms and should be read together with them. They do not apply to business-to-business (B2B), wholesale or other professional transactions concluded separately outside our online store, unless expressly agreed otherwise in writing. B2B, wholesale and other professional transactions may be subject to separate quotations, agreements, prices, payment terms, delivery arrangements and contractual conditions. Where specific written terms are agreed for such a transaction, those terms will govern that transaction.
These Terms of Service may be made available in multiple languages for the convenience of our customers. In the event of any discrepancy or inconsistency between different language versions, the English version shall prevail, to the extent permitted by applicable law. Nothing in this provision limits any mandatory rights granted to consumers under applicable law.
OVERVIEW
This website is operated by The Maple Nursery. Throughout the site, the terms “we”, “us” and “our” refer to The Maple Nursery. The Maple Nursery offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the website in relation to their use of the website. The provisions governing purchases through our online store apply to customers purchasing in accordance with the scope described above.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms.
Nothing in these Terms is intended to exclude or restrict any mandatory rights that consumers have under applicable consumer protection law.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your country or place of residence, or that you have given permission for any minor dependants to use this site under your supervision.
You may not use our products or Service for any illegal or unauthorised purpose, nor may you violate any applicable laws in your use of the Service.
You must not transmit worms, viruses, malware or any other code of a destructive nature.
A breach or violation of these Terms may result in termination of your access to the Service.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service or decline an order where reasonably justified and permitted by applicable law.
We reserve the right, in particular, to limit or refuse orders that we reasonably believe are placed for commercial resale, propagation, distribution or other professional purposes, unless agreed otherwise with us.
Your content, excluding payment information, may be transferred over various networks and may be modified to conform and adapt to technical requirements of connecting networks or devices. Payment information is encrypted during transfer in accordance with the payment provider's security procedures.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.
The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We make reasonable efforts to ensure that information on our website is accurate and up to date.
General horticultural information, including information concerning growth rates, mature size, colouration, hardiness, sun exposure and cultivation, is provided for guidance. Actual results may vary depending on climate, location, soil, care and other growing conditions.
Historical information may be provided for reference purposes.
We reserve the right to modify the contents of the site where appropriate, subject to applicable law.
SECTION 4 – PRICES AND MODIFICATIONS TO THE SERVICE
Prices for our products may change without notice. Changes will not affect orders for which a binding purchase agreement has already been concluded, except where otherwise permitted by law.
We reserve the right to modify, suspend or discontinue the Service, or any part thereof, at any time.
All prices displayed at checkout include or exclude VAT as indicated on the website and are calculated according to applicable VAT rules.
SECTION 5 – LIVING PLANTS AND PRODUCT CHARACTERISTICS
Our products are living plants. Natural variation is inherent to the products we sell.
Product photographs are intended to provide a representative indication of the cultivar, species or product offered. Unless expressly stated otherwise, the plant shown in a product photograph is not necessarily the exact individual plant that you will receive.
Plants of the same cultivar may naturally vary in height, branching, shape, leaf density, colour, variegation and overall appearance.
The appearance of a plant may also vary considerably throughout the year. Depending on the cultivar and season, a plant may be supplied dormant, without leaves, recently pruned, in active growth or displaying normal seasonal leaf discolouration or leaf damage.
Stated plant sizes are approximate unless expressly stated otherwise.
Leaf colour and variegation can vary depending on the season, age of the plant, temperature, light intensity, fertilisation and other growing conditions. Variegated cultivars may therefore temporarily show more or less variegation than displayed in photographs.
Minor cosmetic imperfections, such as damaged leaf edges, spots, mineral deposits, insect damage, pruning cuts or limited seasonal leaf damage, do not in themselves mean that a plant is defective, provided that the plant is otherwise healthy and conforms to the product purchased.
Nothing in this section limits a consumer's statutory rights where a product is damaged, defective or otherwise not in conformity with the contract.
SECTION 6 – PLANT CARE AFTER DELIVERY
Because plants are living products, their condition after delivery depends partly on the care and growing conditions provided by the customer.
Customers should unpack plants promptly after delivery and provide appropriate water, light, temperature and growing conditions.
The customer is responsible for properly caring for the plant after delivery. Damage or deterioration caused after delivery by, for example, lack of water, excessive watering, frost, excessive heat, sunburn, unsuitable soil, poor drainage, incorrect planting, inappropriate fertilisation, pesticides, herbicides, physical damage or other unsuitable growing conditions does not constitute a defect that existed at the time of delivery.
This does not affect the customer's statutory rights in respect of a defect or lack of conformity that existed when the goods were delivered.
SECTION 7 – AVAILABILITY AND ORDERS
Our plants are produced in limited quantities and many cultivars may be rare, commercially sensitive or available only seasonally.
Adding an item to a shopping cart does not reserve that item.
We reserve the right to limit the quantity of plants purchased per customer, household or order where reasonably justified.
Despite our inventory controls, a plant may occasionally become unavailable after an order has been placed, for example because of stock discrepancies, plant deterioration or damage discovered during preparation for shipment.
If we are unable to supply an ordered item, we will inform you and refund any amount paid for that item. Where appropriate, we may offer an alternative, but you are under no obligation to accept it.
For rare, limited-availability or commercially sensitive cultivars, we reserve the right, where permitted by applicable law, to limit quantities or to refuse or cancel an order. This may in particular apply where we reasonably believe that plants are being acquired for professional propagation, resale, commercial production or distribution.
Where we cancel an order or part of an order under this section, we will inform the customer and refund all amounts paid for the affected products.
SECTION 8 – PROFESSIONAL AND B2B CUSTOMERS
Our online store is intended for purchases made by natural persons in a private capacity and does not process business-to-business (B2B) transactions.
Individuals who are also professionally active as nursery owners, garden centre operators, resellers or in another horticultural business may place orders through our online store in their personal capacity, provided that the purchase is not made on behalf of or for the purposes of their business. Such orders remain subject to all other provisions of these Terms, including the provisions regarding availability, limited quantities and rare or commercially sensitive cultivars in Section 7.
Orders placed through our online store must therefore be placed in the name of a private individual. We do not issue B2B invoices for such orders and cannot subsequently add a company name or VAT number or convert a private order into a B2B transaction.
If you wish to purchase from us on behalf of a company or in connection with your professional or business activities, you must contact us before placing your order. B2B orders are handled separately and may be subject to separate prices, minimum quantities, payment terms, delivery arrangements and contractual conditions.
If we reasonably determine that an order placed through our online store was made on behalf of a business or for professional or commercial purposes, we reserve the right, where permitted by applicable law, to cancel the order and refund the amounts paid. The customer may then contact us to discuss placing the order through our B2B sales channel.
Specific quotations, wholesale agreements, grafting agreements, cultivation contracts or other B2B arrangements concluded separately outside our online store are governed by the terms specifically agreed for those transactions. These Terms apply to such transactions only where expressly incorporated or agreed in writing.
SECTION 9 – SHIPPING AND DELIVERY
Shipping and delivery are governed by our separate Shipping Policy, available on our website. The Shipping Policy forms an integral part of these Terms.
Shipping times and estimated delivery times displayed on our website are estimates unless expressly stated otherwise.
Because we ship living plants, dispatch may be postponed where we reasonably believe that weather conditions, extreme temperatures, public holidays, carrier disruptions or other circumstances could create an unacceptable risk to plant quality during transport. Such reasonable postponement is intended to protect the plants and does not affect any mandatory consumer rights concerning delivery.
Customers are responsible for providing a complete and accurate delivery address and for taking reasonable steps to receive the shipment.
Where a delivery problem is caused by an incorrect or incomplete address supplied by the customer, refusal of delivery, failure to collect a parcel within the carrier's specified period, or another circumstance attributable to the customer, any additional costs resulting from reshipment or return may be charged to the customer where permitted by law.
If the customer instructs the carrier to leave the parcel at a designated safe place, with a neighbour, at a parcel shop or at another alternative delivery location, the consequences of such delivery instructions will be assessed in accordance with applicable law and the terms set out in our Shipping Policy.
Risk in goods purchased by consumers passes in accordance with applicable consumer law.
SECTION 10 – RETURNS AND RIGHT OF WITHDRAWAL
Returns and the statutory right of withdrawal are governed by our separate Refund Policy, available on our website. The Refund Policy forms an integral part of these Terms.
Consumers who have a statutory right of withdrawal may exercise that right in accordance with our Refund Policy and applicable law.
Because our products are living plants, customers exercising a right of withdrawal must take reasonable care of the plants while they are in their possession.
Planting, repotting, pruning, fertilising or otherwise altering a plant, or failing to provide appropriate care, may result in diminished value. Where permitted by applicable law, the customer may be responsible for such diminished value.
Nothing in this section restricts statutory rights relating to damaged, defective or non-conforming goods.
SECTION 11 – DAMAGED OR INCORRECT ORDERS
Customers should inspect their order promptly upon receipt.
If a plant or other product arrives materially damaged, defective, incorrect or otherwise not in conformity with the order, please contact us as soon as reasonably possible at info@themaplenursery.com. We ask you to provide photographs and a description of the issue. This helps us assess transport damage and the condition of the plant and does not restrict any mandatory statutory rights.
Our products are living plants and some minor cosmetic damage may reasonably occur during handling and transport. Minor damage such as a broken or bent twig, a small number of damaged leaves, minor leaf loss, superficial marks or similar limited cosmetic damage does not in itself mean that a plant is defective or non-conforming, provided that the overall health, viability and normal further development of the plant are not materially affected.
Plants naturally recover from minor damage and may also be pruned where appropriate. Such normal and reasonably expected minor transport damage therefore does not in itself entitle the customer to a replacement, refund or compensation.
Where transport damage is substantial or materially affects the health or viability of the plant, or where a product is otherwise legally considered non-conforming, we will provide an appropriate remedy in accordance with applicable law.
SECTION 12 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase, billing, delivery and account information.
We reserve the right to limit or cancel quantities purchased per person, household or order where reasonably justified and permitted by law.
These restrictions may include orders placed using the same customer account, payment method, billing address or shipping address.
If we modify or cancel an order, we will make reasonable efforts to notify you using the contact information provided with the order.
For more information about returns and refunds, please review our Refund Policy.
SECTION 13 – OPTIONAL TOOLS
We may provide access to third-party tools over which we have no control or input.
Such tools are provided subject to the terms and conditions of the relevant third-party provider.
Any use of optional third-party tools is at your own discretion, and you should review the applicable third-party terms before using them.
We may introduce new services, features or tools in the future. These will also be subject to these Terms where applicable.
SECTION 14 – THIRD-PARTY LINKS
Certain content, products or services available through our Service may include materials or links from third parties.
Third-party links may direct you to websites that are not affiliated with us. We are not responsible for the content, accuracy, policies or practices of third-party websites.
You should review the relevant third party's policies before entering into any transaction with them.
SECTION 15 – USER COMMENTS, FEEDBACK AND SUBMISSIONS
If you send us comments, suggestions, photographs, reviews, ideas or other materials, you remain responsible for ensuring that your submission does not violate the rights of third parties or applicable law.
We may monitor, edit or remove content that we reasonably determine to be unlawful, offensive, defamatory, misleading or otherwise inappropriate.
You may not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of any submission.
Nothing in this section transfers intellectual property rights to us unless expressly agreed.
SECTION 16 – PERSONAL INFORMATION
Your submission and processing of personal information through the store is governed by our Privacy Policy.
SECTION 17 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, shipping charges, transit times or availability.
We reserve the right to correct obvious errors and inaccuracies and to update information.
Where an obvious pricing, stock or product-information error affects an order already placed, we will contact the customer as appropriate. Any cancellation or modification of a concluded consumer contract will only take place where permitted by applicable law.
SECTION 18 – PROHIBITED USES
You may not use the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform unlawful acts;
(c) to violate applicable laws or regulations;
(d) to infringe our intellectual property rights or those of others;
(e) to harass, abuse, threaten, defame or unlawfully discriminate against others;
(f) to submit false or misleading information;
(g) to transmit malicious software or code;
(h) to unlawfully collect or track personal information;
(i) to spam, phish, scrape or otherwise misuse the Service;
(j) for obscene or unlawful purposes; or
(k) to interfere with or circumvent security features of the Service.
We reserve the right to terminate or restrict access to the Service for violations of these provisions where appropriate.
SECTION 19 – WARRANTIES AND LIABILITY
Nothing in these Terms excludes or limits any statutory warranty, remedy, liability or other right that cannot legally be excluded or limited, particularly mandatory rights granted to consumers under applicable law.
Plants are living organisms. Except for the statutory rights described above, The Maple Nursery does not provide any commercial guarantee or warranty regarding the future survival, establishment, growth, development, appearance, colouration, variegation, flowering, mature size or performance of a plant after delivery.
Once a healthy and conforming plant has been delivered, its continued survival and development depend on numerous circumstances outside our control, including watering, planting, soil conditions, drainage, temperature, frost, heat, sunlight, fertilisation, pruning, pests, diseases, weather conditions and general care.
The death, deterioration, loss of leaves, dieback, change in colour or variegation, lack of growth or other deterioration of a plant after delivery does not in itself demonstrate that the plant was defective or non-conforming at the time of delivery.
We therefore do not offer a replacement, refund or compensation merely because a plant subsequently fails to establish, grow as expected or survive after a healthy and conforming plant has been delivered.
This does not affect the customer's statutory rights where a plant was already defective, materially damaged or otherwise not in conformity with the contract at the legally relevant time.
We do not guarantee that access to our website will always be uninterrupted, timely, secure or error-free.
To the maximum extent permitted by applicable law, The Maple Nursery will not be liable for indirect or consequential losses that were not reasonably foreseeable at the time the contract was concluded.
SECTION 20 – INTELLECTUAL PROPERTY
All website content, including text, photographs, graphics, logos and other original materials, is owned by or licensed to The Maple Nursery unless otherwise indicated.
You may not reproduce, distribute, commercially exploit or republish such material without permission, except where permitted by law.
Plant names, cultivar names and trademarks remain subject to any applicable intellectual property rights of their respective owners.
The sale of a plant does not in itself transfer any intellectual property, trademark, plant breeder's right or other proprietary right associated with that cultivar.
SECTION 21 – INDEMNIFICATION
To the extent permitted by applicable law, professional users agree to indemnify The Maple Nursery against third-party claims arising directly from their unlawful use of the Service, their breach of these Terms or their infringement of third-party rights.
This provision does not restrict mandatory consumer rights.
SECTION 22 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by law and, where necessary, severed from these Terms.
Such determination will not affect the validity and enforceability of the remaining provisions.
SECTION 23 – TERMINATION
The obligations and liabilities incurred before termination of these Terms survive termination where appropriate.
You may cease using our Service at any time.
We may restrict or terminate access to the Service where a user materially violates these Terms or applicable law.
SECTION 24 – ENTIRE AGREEMENT
These Terms, together with our Shipping Policy, Refund Policy and any other policies expressly incorporated by reference, constitute the agreement governing your use of the Service and purchases made through our website, subject to applicable mandatory law. The processing of personal information is governed separately by our Privacy Policy.
Our failure to exercise or enforce a right under these Terms does not constitute a waiver of that right.
SECTION 25 – GOVERNING LAW
These Terms and purchases governed by them are governed by and construed in accordance with the laws of Belgium.
If you are a consumer residing in another country, this choice of law does not deprive you of any mandatory consumer protection afforded to you under the law that would otherwise apply.
Nothing in this section restricts any mandatory rights concerning jurisdiction or access to courts available to consumers under applicable law.
SECTION 26 – CHANGES TO THESE TERMS
You can review the most current version of these Terms at any time on this page.
We reserve the right to update or change these Terms by posting an updated version on our website.
Changes will not retroactively alter the terms applicable to an already concluded purchase contract unless permitted by law or agreed with the customer.
SECTION 27 – CONTACT INFORMATION
Questions about these Terms should be sent to:
The Maple Nursery
Heerstraat 177
3511 Hasselt
Belgium
Email: info@themaplenursery.com
VAT / Enterprise number: BE1002.415.420