Terms & Conditions
Terms and Conditions of Sale – Your attention is drawn to clause 6
1. The contract between us
1.1 In these terms and conditions the supplier of the goods is Congleton Lawn Turf Limited (a company registered in England and Wales under company number: 4803556) whose registered office Sandhole Farm, Hulme Walfield, Congleton, Cheshire, CW12 2JH trading as Congleton Lawn Turf (hereinafter referred to as “we” or “us”).
1.2 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted in writing at the address (either postal or electronic) you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us on these terms and conditions.
2. Price
2.1 The prices payable for goods that you order are as set out in our website.
2.2 You may be required to pay extra for delivery and it might not be possible for
us to deliver to some locations. Our delivery charges are set out in our website.
2.3 We reserve the right to increase the price for the goods or delivery at any time after the placing of an order but before delivery but will advise you before delivery of the revised price for the goods.
3. Right for you to cancel your contract
3.1 Subject to any other provision of this clause 3, you may cancel your contact with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty
3.2 To cancel your contract you must notify us in writing by post at the address stated in clause 1.1 above.
3.3 If you have received the goods before you cancel your contract then, unless under 3.6 you do not have a right to cancel, you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
3.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
3.5 Where we have delivered goods based on your specifications or measurements, or where goods are clearly personalised, or the goods are by their nature perishable or liable to deteriorate or expire rapidly (for example turf) you will not have a right to cancel your contract.
4. Cancellation by us
4.1 We reserve the right to cancel the contract between us if:
4.1.1 We have insufficient stock to deliver the goods you have ordered;
4.1.2 We do not deliver to your area; or
4.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers
4.2 If we do cancel your contract we will notify you and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment or inconvenience suffered.
5. Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address in the UK mainland you give us for delivery at the time you make your order between the hours of 8am and 6pm, Monday to Friday (excluding bank and other public holidays). We will endeavour to deliver the goods on an agreed date within an agreed 6 hour time slot but all dates specified by us for delivery of the goods are intended to be an estimate and time for delivery shall not be made of the essence by notice.
5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order unless the goods so ordered are not available within such time frame whereupon delivery will be made within 30 days of availability.
5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction or damage.
5.4 Where you decide to arrange to collect the goods from our principal place of business we will use all reasonable endeavours to agree a mutual date for collection but all dates specified by us for collection of the goods are intended to be an estimate and time for collection shall not be made of the essence by notice.
5.5 You must ensure that your place of delivery is accessible using good access roads for a large delivery vehicle free from obstructions. You must warrant that the place for delivery is capable of withstanding the weight of a small forklift truck and we do not accept any liability for damage to your property caused during delivery. If we cannot access your delivery location in breach of this clause we reserve the right to make further charges for re-delivery in addition to any other statutory rights we have.
5.6 You can return empty pallets used to deliver the goods to us at our principal place of business at no charge, failing which it is your responsibility to safely dispose of all pallets.
6. Liability
6.1 If the goods we deliver are damaged or defective we shall have no liability to you unless you notify us in writing at our contact address of the problem within 24 hours of the delivery of the goods in question where they are perishable or capable of rapid deterioration and within 5 working days of delivery in the case of all other goods delivered.
6.2 Where the quantity of goods delivered is less than the order you must notify us in writing at our contact address of the problem within 24 hours of the delivery of the goods in question where they are perishable or capable of rapid deterioration and within 5 working days of delivery in the case of all other goods delivered
6.3 We shall not be liable to you for any damage or defects in the goods occurring due to your failure to follow the inspection and care procedures set out in clause 8.
6.4 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition 6, our only obligation will be, at our option
6.4.1 to make good any shortage or non-delivery;
6.4.2 to replace or repair any goods that are damaged or defective ; or
6.4.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
6.5 We will not be liable due to deterioration of the goods caused by matters outside our control including (but without limitation) weather conditions; unintended seeding either by animal, bird or weather; or failure to care for the turf in accordance with our recommended laying tips or care tips set out on our website from time to time.
6.6 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition.
6.7 Unless otherwise agreed between us in writing, our aggregate liability, whether to you or any third party, of whatever nature whether in contract, tort (including negligence) or otherwise, for any losses whatsoever and howsoever caused arising from or in any way connected with the sales of goods to you shall not exceed £1m (one million pounds).
6.8 You must observe and comply with all applicable regulations and legislation including obtaining all necessary customs, import or other pennies to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.9 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7. After Sales Service and Guarantees
7.1 If post delivery you experience any difficulties in laying your turf or have any queries relating to its care please contact us via telephone or our website and we will endeavour to assist you (without in any way accepting any liability).
7.2 There is no guarantee available for the goods whatsoever.
7.3 We are a member of the TurfGrass Growers Association (TGA) but we are not specifically warranting that any turf which you have bought is TGA certified turf unless you specifically request TGA certified turf and we agree to deliver it and a TGA certificate is available.
8. Inspection and Care Procedure
8.1 You shall inspect the goods delivered at the time and place of delivery and notify any damage or defects to us at the time of delivery.
8.2 All deliveries of turf must be used by you within 24 hours of delivery during autumn and winter and within 12 hours of delivery during spring and summer or where the temperature exceeds 18 degrees centigrade.
8.3 You must comply with the instructions on our website for laying and caring for turf.
8.4 You must ensure that the weather conditions and ground conditions are suitable for the type of goods you have ordered.
9. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Sandhole Farm, Hulme Walfield, Congleton, Cheshire, CW12 2JH and all notices from us to you will be displayed on our website from time to time.
10. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident or terrorism.
11 Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
12 Privacy
You acknowledge and agree to be bound by the terms of our privacy policy further details of which can be obtained at www.congletonlawnturf.co.uk/privacy.php
13 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14 Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
15 Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us, unless agreed in writing by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
16 Data Protection
We agree to comply with the provisions of the Data Protection Act 1998 and any related legislation in so far as the same relates to the provisions and obligations of these terms and conditions.
