Terms & Conditions

Terms and Conditions of Sale – Your attention is drawn to clause 6

By using our website, placing an order for Goods and/or registering as a member of our websites you confirm your agreement to our terms and conditions.

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) trading as Lawn Turf Direct whose registered office is at Sand hole Farm, Hulme Walfield, Congleton, Cheshire, CW12 2JH (hereinafter referred to as “we” or “us”).

1.2 In these Terms and Conditions, Goods means the articles which you, the buyer, agree to buy from us.

1.3 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. Orders

2.1 All orders for Goods shall be deemed to be an offer by you, the buyer, to purchase Goods pursuant to these terms and conditions.

2.2 You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly.

2.3 No order submitted by you, the buyer, shall be deemed to be accepted by us unless and until we confirm acceptance of the your order by e-mail (where applicable) or by telephone.

2.4 We are entitled to refuse any order placed by you and will not be required to provide an explanation.

3. Price and Payment

3.1 The prices payable for Goods that you order are as set out in our website.

3.2 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.

3.3 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 and you shall be entitled to cancel the order at any time before delivery.

4. Description

4.1 The Goods shall be supplied in accordance with the description contained in our website.
4.2 We may from time to time make changes in the specification of the Goods which are to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.
4.3 Any contractual description of the Goods by us relates to the identity of the Goods but only if it relates to a central characteristic of the Goods or to a substantial ingredient of their identity.
4.4 You shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that:
4.4.1 such discrepancy in quantity shall not exceed 5%; and
4.4.2 the Price shall be adjusted pro rata to the discrepancy.

5. Right for you to cancel your contract / Refund policy

5.1 Except as referred to in clause 5.5 below, 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.

5.2 To cancel your contract you must notify us in writing by post at the address stated in clause 1.1 above.

5.3 If you have received the Goods before you cancel your contract then, unless you do not have a right to cancel (as more particularly referred to in clause 5.5 below), 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.

5.4 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.

5.5 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.

6. Cancellation by us

6.1 We reserve the right to cancel the contract between us if:

6.1.1 We have insufficient stock to deliver the Goods you have ordered;

6.1.2 We do not deliver to your area; or

6.1.3 One or more of the Goods you ordered was listed at an incorrect price on our website due to a typographical error or an error in the pricing information received by us from our suppliers.

6.2 If we do cancel your contract we will notify you by e-mail 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.

7. Delivery of Goods to you

7.1 Subject to the provisions of clause 7.5 below, 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.

7.2 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.

7.3 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.

7.4 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.

7.5 You or somebody on your behalf must be available to accept delivery and you must ensure that the curbside access to your place of delivery is accessible using good access roads for a large delivery vehicle free from obstructions. You hereby warrant that the place for delivery is capable of withstanding the weight of a mechanical or hand propelled trolley to enable the Goods to be transported from the curb side (if appropriate) to your place of delivery 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.

7.6 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 and legally dispose of all pallets at your own cost.

8. Liability

8.1 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.

8.2 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.

8.3 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 10 below.

8.4 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

8.4.1 to make good any shortage or non-delivery;

8.4.2 to replace or repair any Goods that are damaged or defective ; or

8.4.3 to refund to you the amount paid by you for the Goods in question in whatever way we choose.

8.5 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.
8.6 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.

8.7 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).

8.8 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.

8.9 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.

8.10 The Goods may differ slightly from the images shown on our website.

8.11 We reserve the right to substitute products of a similar description and standard if the requested Goods are not available but will use reasonable endeavours to match your order exactly. In the unlikely event of you receiving a substituted product you, the buyer, shall be entitled subject always to the provisions of clause 5.5 to return the Goods for a full refund within 10 working days from the date of delivery, should the substituted product not be acceptable to you.

9. After Sales Service and Guarantees

9.1 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).

9.2 There is no guarantee available for the Goods whatsoever.

9.3 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.

10. Inspection and Care Procedure

10.1 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 and in any event in accordance with the provisions of clause 8.1.

10.2 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 at all other times or where the temperature exceeds 18 degrees centigrade.

10.3 You must comply with the instructions on our website for laying and caring for turf as set out below.

10.4 You must ensure that the weather conditions and ground conditions are suitable for the type of Goods you have ordered.

11. Your Warranty

You, the buyer, warrant that all details provided on the order form or otherwise given to us by you for the purpose of purchasing the Goods are correct, that the credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the Goods

12. Website

12.1 We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.

12.2 All drawings, descriptive matter and specifications of the Goods on the website are for the sole purpose of giving an approximate description of the Goods.

12.3 We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability.

13 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.

14 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.

15 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.

16 Privacy

You acknowledge and agree to be bound by the terms of our privacy policy further details of which can be obtained at www.lawnturfdirect.com/privacy.php

17 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

18 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.

19 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.

20 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.

21. Alterations to these Terms and Conditions

We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website.