These Terms and Conditions apply to all goods supplied by The Lawn Company (referred to as “we”, “us” or “our”) to customers (referred to as “you” or “the customer”), whether ordered by telephone, email, online or through an authorised representative.
Please read these Terms and Conditions carefully before placing an order, particularly the provisions relating to delivery addresses, failed deliveries, redelivery charges and the perishable nature of turf.
Nothing in these Terms and Conditions affects your statutory consumer rights.
1. ORDERS AND ACCEPTANCE
1.1 Orders may be placed by telephone, email or through our website. All orders are subject to product availability, payment authorisation and acceptance by The Lawn Company.
1.2 We may decline an order where goods are unavailable, payment cannot be authorised, delivery cannot reasonably be arranged or a genuine pricing or product-description error has occurred. If payment has been taken and we cannot fulfil the order, we will refund the amount paid.
1.3 For telephone and email orders, we will provide written confirmation of the order details, normally by email, before the goods are released for harvesting or dispatch.
1.4 The order confirmation will normally include the product, quantity, agreed delivery date, delivery address, delivery service and total price.
1.5 Customers must carefully check all order details and advise us immediately of any errors or omissions. Where express confirmation is requested, the order will not be released for dispatch until that confirmation is received.
1.6 Where a customer expressly confirms the order details, we are entitled to rely upon that confirmation when arranging harvesting and delivery.
1.7 A contract is formed when we expressly accept the order, including by confirming that the order has been accepted for processing or dispatch. An automatic acknowledgement of receipt does not, by itself, constitute acceptance.
1.8 Any special delivery instructions or variations must be agreed by The Lawn Company before dispatch. We cannot guarantee that changes requested after harvesting or dispatch can be accommodated.
2. PRODUCT SPECIFICATIONS
2.1 Turf is a natural, living and growing product. Minor variations in colour, texture, grass species, seed composition, soil content, moisture, thickness, roll dimensions and appearance may occur.
2.2 Product descriptions, photographs, samples and technical information are provided in good faith. Natural variations may occur, but the goods supplied must still conform to their description and meet applicable statutory standards of quality.
2.3 Turf grown on heavier soils may appear dry on the outside of a pallet during warmer weather while retaining moisture internally.
2.4 Turf may contain naturally occurring soil organisms, worms, grubs and other biological material. Their presence is not necessarily evidence of a defect, although any significant infestation or quality problem will be assessed on its merits.
2.5 Small quantities of naturally occurring stones or other soil materials may be present. Where their extent makes the goods unsatisfactory or unsuitable for an agreed purpose, customers retain their statutory rights.
2.6 The successful establishment of turf depends on suitable ground preparation, laying, watering, weather conditions and subsequent maintenance. Customers should follow the installation and maintenance instructions supplied.
3. PRICES
3.1 The total price payable will be confirmed before the order is accepted and will include the agreed standard delivery charge and applicable taxes.
3.2 Prices may change from time to time, but a price change will not affect an order already accepted unless both parties agree.
3.3 Additional services, including special delivery arrangements, timed delivery where available, redirection, redelivery or additional handling, may incur further charges. Any such charges must be disclosed and agreed before the additional service is provided, except where the customer is liable for reasonable losses arising from a breach of the agreed delivery arrangements.
3.4 Prices and charges displayed or quoted for consumers will include VAT where applicable. Any additional VAT treatment for business quotations will be clearly stated.
4. PAYMENT AND ORDER DETAILS
4.1 Payment is normally required in full before harvesting or dispatch, unless alternative arrangements have been agreed in writing.
4.2 We accept payment by credit or debit card or any other method expressly agreed by The Lawn Company.
4.3 Delivery Address and Order Confirmation
All customers, whether placing an order by telephone, email, online or through a third party, are responsible for supplying accurate, complete and accessible delivery information.
The delivery address and postcode provided by the customer will be shown in the written order confirmation.Customers must check the confirmation carefully and notify The Lawn Company promptly of any errors, preferably before the order is accepted and in all cases before dispatch.Where an address is expressly confirmed by the customer or an authorised representative, we are entitled to rely upon that confirmation when arranging delivery.
If incorrect or incomplete information supplied by the customer results in a failed delivery, refusal, delay, redirection or return, the customer may be responsible for the reasonable additional costs directly arising from that error.
Such costs may include additional carriage, reasonable handling, storage, redelivery and return charges.
Where the error is attributable to The Lawn Company or its appointed courier, the customer will not be charged for correcting it.
4.4 Customers ordering on behalf of another person, company, landlord, tenant or property owner must have the appropriate authority to place the order and nominate the delivery address.
4.5 Any person acting as the customer’s authorised representative may communicate delivery instructions on the customer’s behalf. If authority is disputed, we will consider the circumstances and available evidence.
4.6 Payment by a third party does not automatically make that third party the contracting customer or establish authority to alter delivery instructions.
5. AVAILABILITY AND DELIVERY
5.1 Standard Delivery
Unless otherwise agreed, deliveries are made during the working day using a palletised delivery service.
An exact delivery time cannot normally be guaranteed on the standard working-day service.
Customers must make suitable arrangements to receive their goods during the agreed delivery day.
5.2 Delivery Vehicles and Access
Deliveries may be carried out using vehicles of approximately 18 tonnes or other vehicles considered appropriate by the carrier.
Customers must inform us before ordering of any access limitations, including narrow roads, low bridges, restricted entrances, weight limits, height restrictions, steep gradients, parking restrictions or other obstacles.
We will discuss any known restrictions with the carrier and advise whether delivery is feasible.
Where an ordered product becomes unavailable, we will offer the customer a suitable alternative or a refund. Substitutions will not be made without the customer’s agreement.
5.3 Unloading Arrangements
Standard delivery is to the kerbside or driveway entrance, as close to the agreed address as can be safely and lawfully achieved.
Pallet deliveries are generally unloaded using a tail lift and pallet truck.
A firm, flat, level and suitably load-bearing surface, such as concrete or block paving, is normally required.
Unloading onto gravel, loose stone, grass, soil, steep slopes or uneven ground may not be possible.
The driver has the final decision on whether unloading can be completed safely.
5.4 Deliveries onto Private Property
Where a customer requests unloading beyond the normal delivery point, this must be agreed by the driver and can only be undertaken where safe and suitable.
Customers must identify any known structural weaknesses, concealed hazards or access limitations.
The Lawn Company remains responsible for damage caused by its negligence or that of its appointed delivery agents where the law imposes such liability.
We are not responsible for damage resulting solely from an unsafe condition of the property which the customer knew or ought reasonably to have disclosed, except where the law provides otherwise.
5.5 Customer Availability
Customers must make appropriate arrangements for delivery on the agreed date, including ensuring that any necessary person is available to accept or facilitate unloading.
Where unattended delivery has been expressly agreed, the customer must ensure that a suitable unloading area is available and that the carrier can safely complete delivery without assistance.
5.6 Delivery Method
The Lawn Company may select the carrier and delivery method, provided the agreed delivery arrangements are fulfilled.
Pallets used for delivering turf are non-returnable unless otherwise expressly agreed.
5.7 Failed, Refused or Unsuccessful Deliveries
Where delivery is attempted at the agreed address but cannot be completed for reasons within the customer’s responsibility, the customer may be liable for reasonable additional costs directly resulting from the failed delivery.
These circumstances may include:
- An incorrect or incomplete delivery address.
- Refusal of delivery by the customer or an authorised recipient.
- A nominated recipient denying knowledge of the delivery or preventing unloading.
- Failure to make agreed arrangements for accepting delivery.
- Undisclosed vehicle or unloading restrictions.
- Unsafe or unsuitable unloading arrangements which were not disclosed before dispatch.
- A request to redirect goods after dispatch.
Additional costs may include unsuccessful delivery charges imposed by the carrier, redelivery, redirection, reasonable storage, handling and return carriage charges.
Any such charges will reflect reasonable costs and losses actually incurred and will not be imposed as a penalty.
Where the failed delivery results from an error by The Lawn Company or its courier, the customer will not be charged for correcting that error.
5.8 Property Damage
Customers must provide accurate information about the suitability of their property for delivery.
The Lawn Company does not exclude liability for damage caused by negligence or breach of contract where that liability cannot lawfully be excluded.
5.9 Carrier Conditions
Deliveries may be subject to the applicable carrier’s operational and safety requirements.
Any carrier conditions relied upon will be made available where relevant and will not override the customer’s statutory rights or these agreed Terms and Conditions.
5.10 Delivery to Third Parties or Alternative Addresses
Where customers request delivery to an address other than their own, including a building site, rented property, commercial premises, property managed by a letting agent or an address occupied by another person, they must ensure that delivery has been authorised and appropriate arrangements have been made.
The customer is responsible for ensuring that the property owner, occupier, builder, agent or nominated recipient is aware of the intended delivery and prepared to accept it.
Where delivery is refused or prevented by a nominated recipient, despite the courier making a reasonable delivery attempt at the agreed address, the customer may be responsible for the resulting reasonable additional costs, provided the failure is attributable to the customer’s arrangements.
The Lawn Company is not required to make repeated delivery attempts without agreement on any additional charges.
5.11 Delivery Dates and Delays
We will use reasonable care to deliver on the agreed date.
Delivery times may be affected by traffic, vehicle breakdowns, severe weather, road restrictions and other circumstances beyond our reasonable control.
We will notify customers of material delays where reasonably possible and discuss appropriate arrangements.
Where delivery is delayed due to our failure to fulfil the contract, customers retain their rights under the Consumer Rights Act 2015, including any applicable right to cancel and obtain a refund.
5.12 Delivery Evidence
We may rely upon reasonable delivery evidence, including electronic tracking, delivery notes, photographs, vehicle records, courier reports and communications with the recipient, when investigating a delivery dispute.
Such evidence will be considered alongside any information supplied by the customer and will not automatically override their statutory rights.
6. PRODUCTS SUPPLIED AND CUSTOMER RESPONSIBILITIES
6.1 Turf is a natural growing product and variations between individual rolls, pallets and batches may occur.
6.2 Customers should prepare the laying area before the agreed delivery date and follow the laying and maintenance guidance provided.
6.3 Inspection on Delivery
Customers are strongly advised to inspect the goods promptly on arrival.
Where more than one pallet is delivered, customers should inspect turf from each pallet, including checking underneath the top layer where practical.
Any visible concerns should be reported as soon as reasonably possible, ideally with photographs and before the turf is laid.
Because turf is perishable, prompt notification allows the problem to be investigated while the condition of the goods can still be assessed.
Failure to report a problem within a specified number of hours does not automatically invalidate a legitimate claim or remove statutory rights.
6.4 Customers should retain photographs and relevant documentation where there is a delivery or product-quality dispute.
6.5 Once the customer or their nominated recipient has taken physical possession of the goods, responsibility for their subsequent care, storage and handling passes to the customer, subject to applicable law.
6.6 The Lawn Company is not responsible for deterioration caused solely by unsuitable storage, delayed laying, inadequate watering, poor ground preparation or inappropriate maintenance after the customer has taken possession.
This does not exclude responsibility for goods which were defective or failed to conform to the contract when supplied.
6.7 The size, thickness, weight and dimensions of individual turf rolls may vary within normal tolerances because turf is a natural product.
7. CANCELLATION, RETURNS AND PERISHABLE TURF
7.1 Cancellation Before Dispatch
Customers wishing to cancel an order should contact us as early as possible by telephone on 07873 723300 or by email at info@thelawnco.co.uk.
Where possible, at least 48 hours’ notice should be provided before the scheduled delivery date to allow harvesting and transport arrangements to be cancelled.
Where the order can be cancelled before costs are incurred, we will normally provide a full refund.
If cancellation is requested after harvesting, preparation or transport arrangements have commenced, any cancellation charge will be limited to reasonable, evidenced losses that we are legally entitled to recover, taking account of costs avoided and any opportunity to mitigate the loss.
This provision does not restrict any statutory right to cancel or obtain a refund.
7.2 Perishable Nature of Turf
Turf is freshly harvested and highly perishable. It can deteriorate rapidly if left stacked on a pallet, particularly in warm weather.
We strongly recommend that turf is laid within 24 hours of receipt and, during periods of hot weather, preferably within 3 hours of delivery.
Turf should be laid on the day of delivery wherever reasonably possible.
Customers must ensure that the laying area has been prepared and that adequate labour, equipment and water are available before delivery.
Turf should not be watered while stacked on a pallet, as this can increase heat build-up and accelerate deterioration.
Where laying cannot immediately take place, turf should be protected from excessive heat and handled in accordance with the care instructions provided.
7.3 Turf Care and Establishment
The condition and successful establishment of turf depend on factors including weather, moisture, soil preparation, watering, drainage, handling and maintenance.
Customers must take reasonable care of the turf after taking possession and follow the installation and aftercare instructions supplied.
We are not responsible for deterioration caused by inadequate aftercare, delayed laying or other circumstances arising after delivery for which the customer is responsible.
Nothing in this provision excludes liability for goods that were faulty or otherwise failed to conform to the contract when supplied.
7.4 Ownership of Goods
Ownership of goods remains with The Lawn Company until payment has been received in full, to the extent permitted by law.
Risk of loss or damage passes in accordance with applicable legislation, including the Consumer Rights Act 2015.
For consumer orders, the goods generally remain at our risk until they come into the physical possession of the customer or a person nominated by the customer to receive them, subject to the statutory exception for certain carriers independently commissioned by the customer.
7.5 Perishable Goods Following Failed Delivery
Where delivery is unsuccessful due to incorrect information, refusal by a nominated recipient or other circumstances within the customer’s responsibility, The Lawn Company will make reasonable efforts, where practicable, to arrange redelivery, collection or another suitable solution.
Any additional delivery or collection arrangements must be agreed in advance and may be subject to further charges.
The customer acknowledges that delays following an unsuccessful delivery may result in deterioration of the turf and that its condition cannot be guaranteed indefinitely.
Where a delivery failure attributable to the customer causes the turf to deteriorate beyond resale or reasonable use, The Lawn Company reserves the right to recover its reasonable, evidenced financial losses, taking account of any costs avoided or amounts recovered through resale or other means.
Nothing in this clause excludes liability for defective goods, failures attributable to The Lawn Company or any other statutory consumer rights.
7.6 Consumer Cancellation Rights
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the normal 14-day change-of-mind cancellation right does not generally apply to goods liable to deteriorate or expire rapidly.
Freshly harvested turf is a highly perishable product and ordinarily falls within this exception.
This does not affect statutory rights relating to faulty, misdescribed or otherwise non-conforming goods.
For non-perishable goods, any applicable statutory cancellation rights will be explained before purchase and honoured in accordance with the law.
7.7 Returns and Refunds
Returns of turf cannot normally be accepted merely because a customer changes their mind after harvesting or dispatch.
If goods are faulty, incorrectly described or otherwise fail to meet statutory requirements, customers may be entitled to repair, replacement, a price reduction or refund as provided by applicable law.
Customers should contact us promptly if they believe there is a problem so that we can investigate and arrange an appropriate remedy.
Where a return is required because of our breach of contract, we will meet reasonable return costs as required by law.
Any refund due will be processed using an appropriate payment method within the legally required period.
8. LIABILITY
8.1 The Lawn Company will perform its contractual obligations with reasonable care and skill where applicable and will supply goods that conform to the contract and applicable consumer legislation.
8.2 Nothing in these Terms and Conditions excludes or restricts liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other liability which cannot lawfully be excluded.
8.3 Where a customer is acting as a consumer, nothing in these Terms and Conditions limits or removes their rights under the Consumer Rights Act 2015 or other applicable legislation.
8.4 We are not responsible for losses arising solely from a customer’s failure to provide accurate delivery details, disclose relevant access restrictions, arrange for delivery to be accepted or properly care for turf after taking possession, provided the loss was not caused or contributed to by our own breach of contract or negligence.
8.5 Where circumstances beyond our reasonable control prevent or delay performance, including severe weather, flooding, fire, industrial disputes, transport disruption, road closures or other exceptional events, we will inform customers where reasonably possible and take appropriate steps to minimise the effects.
Such circumstances do not automatically remove any statutory right to cancel or obtain a refund.
8.6 For business customers acting wholly or mainly for purposes of their trade or profession, The Lawn Company will not be responsible for indirect or consequential commercial losses, loss of profit or loss of business opportunity to the extent such exclusion is legally permitted and reasonable.
This provision does not apply to exclude recoverable losses suffered by consumers.
8.7 Nothing in these Terms and Conditions requires a consumer to indemnify The Lawn Company against unlimited claims, legal costs or losses arising from circumstances beyond that consumer’s responsibility.
8.8 Website Information
We take reasonable care to ensure information on our website is accurate and current.
We cannot guarantee that the website will be continuously available or free from technical interruptions.
Nothing in this provision excludes liability where a loss results from a breach of our legal obligations.
9. MISCELLANEOUS
9.1 Governing Law
These Terms and Conditions are governed by the laws of England and Wales.
Disputes will be subject to the jurisdiction of the courts of England and Wales, subject to any mandatory legal rights a consumer may have to bring proceedings elsewhere.
9.2 Third-Party Rights
Except where expressly provided or required by law, these Terms and Conditions do not confer enforceable contractual rights on persons who are not parties to the contract.
9.3 Changes to Terms
The Lawn Company may update these Terms and Conditions from time to time.
The terms applicable to an order will normally be those provided to or brought to the attention of the customer before the relevant contract was concluded.
Changes to published Terms and Conditions will not retrospectively alter an existing contract without the agreement of both parties.
9.4 Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
9.5 Written Communications
Order confirmations, delivery instructions, notices and other communications may be provided by email or another agreed written method.
Customers are responsible for supplying accurate contact information and notifying us of changes.
9.6 Complaints and Disputes
We aim to resolve complaints fairly and promptly.
Customers should contact The Lawn Company with their order details and a clear explanation of the issue.
Where relevant, we may request supporting photographs, delivery records or other reasonable information to investigate the complaint.
Nothing in our complaints procedure prevents a customer from exercising their statutory rights.
9.7 Contact Details
The Lawn Company
Telephone: 07873 723300
Email: info@thelawnco.co.uk
Website: https://www.thelawnco.co.uk
IMPORTANT DELIVERY INFORMATION
Before placing an order, customers must ensure that:
- The delivery address and postcode are accurate.
- The delivery location can safely accommodate the delivery vehicle and unloading equipment.
- Any access restrictions have been disclosed.
- The property owner, occupier, builder or nominated recipient is aware of and prepared to accept the delivery.
- The laying area is ready before delivery.
- Adequate arrangements have been made for prompt laying and watering.
Incorrect delivery details, failed delivery arrangements or refusal by a nominated recipient may result in reasonable additional delivery charges and financial losses for which the customer may be responsible.
Freshly harvested turf is highly perishable. Please arrange for it to be laid as soon as possible after delivery.
Nothing in these Terms and Conditions affects your statutory rights.