terms and conditions
1.1 Our acceptance of an order takes place when we dispatch the order.
1.2 We may refuse to accept an order: Where we cannot obtain authorisation for your payment. If there has been a pricing or product description error. When goods are not available. If you do not meet any eligibility criteria set out in our terms and conditions.
2.1 Any turf specifications, formulations, data, literature and statements as to seed content, seed weight, seed ratio, grass ratios, seed and grass species, suitability, performance, or otherwise, issued and descriptions and samples given by us in connection with turf are offered in good faith but are intended to be approximate only, due to the nature of turf as a natural growing product easily affected by uncontrollable conditions; therefore these shall not constitute representations nor shall they become warranties or conditions of the contract. It is also worth mentioning that as both the 'Landscape Plus' and the 'Drought Tolerant' products are grown on heavier soils, they can appear extremely dry on delivery in the Summer months. Please note that this is just on the outside of the stacks, the turf will have internal moisture at the time of delivery.
2.2 Our turf is grown in a variety of locations. Although most stone content is buried during preparatory stages, we cannot be held responsible for excessive stone content. The turf was happily growing in our fields, - it will happily grow in your garden.
3.1 The price is inclusive of any delivery charge
3.2 The Lawn Company reserves the right to increase prices from time to time.
4.1 Payment can be made by credit or debit card only.
4.2 The amount payable by you shall be the total price of the goods The acknowledgement of order e-mail will confirm the price payable by you.
4.3 If goods are ordered over the internet, whether it be directly from the buyer or third party payment method, (i.e. Paypal, Worldpay etc), it is the buyers responsibility to ensure that the address is correct that we have been provided with. Any additional costs incurred or delays because of errors in information must be borne by the buyer.
5. Availability and Delivery
You will know your order has been accepted by an acknowledgement e-mail, if there are any problems thereafter The Lawn Company will contact you directly.
5.1 All deliveries are curb side, or driveway end. Should for any reason you instruct us to encroach further onto your or anyone else’s property, it is carried out entirely at your own risk. We will not be held liable for any loss or damage. Unless otherwise arranged it is vital that you are present at the delivery address to accept delivery For this reason it is important that you are happy and confident with the delivery date. Unless otherwise arranged, all deliveries will be carried out with a tail lift/pumptruck. It is the buyers responsibility to ensure that the goods can be unloaded on a solid surface. (no loose surfaces such as gravel or road planings etc.
5.2 If any product ordered or the type of turf ordered is unavailable for any reason, The Lawn Company reserves the right to exchange the turf for a suitable substitute and refund any difference in price, or issue a full refund at our discrepancy.
5.3 Time of the delivery is not essence of the contract. We reserve the right to delay any delivery for up to 24 hours due to unforeseen incidents with delivery vehicles etc.
5.4 When a delivery is made on a buyers driveway or property, the buyer accepts and agrees that the driveway or property is capable of withstanding both the weight of the delivering vehicle and the product. In all circumstances the buyer must accept responsibility to provide an adequate and safe area free from unloading restrictions to accept delivery.
5.5 When a delivery cannot be made due to access difficulties an additional charge may be incurred by the buyer.
5.6 The seller reserves the right to deliver to the buyer by the most cost effective method.
5.7 Any delivery not completed or refused by the buyer, his agent or third party consignee/customer, because of a delivery restriction will result in the buyer being responsible for the delivery and the sellers cost incurred. This is a minimum charge of £75 plus VAT.
5.8 The seller will not accept any liability for damages to property or driveways caused during delivery.
5.9 All deliveries made are in accordance with the RHA conditions of carriage. (www.rha.uk.net/home)
6. Products supplied
6.1 Turf, as a natural and growing product, will, also, be subject to some variation and so absolute consistency within and between orders can not be guaranteed.
6.2 For turf supplied to form a successful new grass area, the customer will need to follow the company’s advice for preparing the site on which the turf is to be laid, and then for laying and maintaining the turf thereafter. Any complaints will be invalid if this advice is not followed in full.
6.3 Turf supplied is at the customer’s risk from the time of delivery. After this time, the company will have no further liability for the turf or for any loss or damages connected with its use.
6.4 The size, weight and measure of turf rolls may vary due to turf being a natural product.
7. Cancellation, returns and Non-Deliveries7.1 If you wish to cancel your order you must notify us by telephone on 01245 331234. A minimum of 48 hours notice must be given on all products in order for us to cancel harvesting and transport arrangements. Providing our terms and conditions are adhered to a full refund will be given.
7.2 Please be aware as stated in clause 7.2 that turf is a highly perishable product and if not laid promptly as recommended by The Lawn Company it may deteriorate rapidly. We recommend that turf is laid within 24 hours of receiving delivery except in periods of hotter weather. This will reduce to 12 hours.We will not therefore accept responsibility for deterioration. It is your responsibility to ensure that you are able to lay turf before agreeing the delivery date.
7.3 Please be aware that the condition of turf supplied by The Lawn Company will be dependent on factors beyond our control; this includes weather or climate conditions and other such factors. It is your responsibility to care for the turf once it has been delivered. We are of course available for advice but will not take responsibility. You will not be able to return turf because of faults arising after delivery, whether this is due to your failure to care for the turf or other external factors.
7.4 The Lawn Company will still own any goods until full payment has been received.
8.1 We, or any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of our officers, directors, employees or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence, contract or over wise) in connection with this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.
8.2 If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume costs thereafter.
8.3 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms and Conditions by you, or your use of this website, or the use by any other person using your registration details.
8.4 The Lawn Company cannot be held responsible for any failure to deliver the goods due to anything that is beyond its reasonable control including but not limited to fires, explosions, severe weather, industrial disputes, insurrection, riots, embargoes, delays in transportation, war (whether declared or not), civil unrest and terrorist action.
9.1 These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English Courts.
9.2 You agree with The Lawn Company that any agreement made under these Conditions is between you and The Lawn Company and it is not intended to be enforceable by any other person who is not party to it.