TURF ONLINE WEBSITE TERMS AND CONDITIONS
Date last modified: 16th July 2018
section A: introduction and preliminary terms
1.1 Who we are. Welcome to Turf Online located at http://www.turfonline.co.uk (‘Site’), which is owned and operated by Harrowden Turf Limited, a company incorporated in England. Our company registered company number 09297147 and our registered office address is: Colpmans Farm, Islip, Kettering, Northants, NN14 3LT. Our VAT registration number is GB 203 7798 96 (‘we’, ‘the Company’, ‘Harrowden Turf’, ‘our’ or ‘us’, as applicable).
1.2 How to contact us. If you have any queries or concerns regarding these terms, please contact us by completing the “contact us” for found on the Site or by:
Tel number: 0333 456 4516
1.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
1.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2. THESE TERMS
2.1 What these terms cover. These are the terms and conditions on which we supply and sell Products to you.
2.2 Using these terms. These terms and conditions (‘Terms’) are organised into 3 sections:
2.2.1 Part A – Introduction To Our Site;
2.2.2 Part B – Ecommerce and Telephone Orders - Sale of Products; and
2.2.3 Part C – General Provisions
Section B applies to Site users buying Products and users buying Products over the telephone and sections A and C apply to all Site users, whether for buying Products or to those just visiting.
2.3 Summary boxes. You will see that each section of these Terms begins with a ‘highlight’ text box which summarises the key terms in that section. These highlights are an informal summary and do not form part of these Terms or any of the contracts made between us.
2.5 Definitions. To make these Terms quicker to read, we use a few definitions.
2.5.1 “Collection Point” any of the collection points listed on our site or agreed with you on the telephone;
2.5.2 “Contract” as described in condition 9.1;
2.5.3 “Dispatch Confirmation” a confirmation email to you confirming that the Product(s) has been dispatched or is ready for collection;
2.5.4 “Enviromat” means an enviromat Product ordered under these Terms;
2.5.5 “Meadowmat” means a meadowmat Product ordered under these Terms;
2.5.6 “Non Perishable Product(s)” means a Product(s) which is not a Perishable Product;
2.5.7 “Perishable Products” means Turf, Meadowmat and/or Enviromat;
2.5.8 “Product(s)” means the items ordered by you under these Terms; and
2.5.9 “Turf” means any turf ordered under these Terms.
2.6 Why you should read these Terms. Please read these Terms and the related policies carefully before you start to use the Site, as these will apply to your use of the Site and the Product(s) you order and purchase from the Site. These Terms tell you who we are, how we will provide Product(s) to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. We recommend that you print or save a copy of these Terms for future reference.
2.7 Accepting these Terms. By using our Site, you confirm that you accept these Terms and that you agree to comply with them. Every time you wish to order any Product(s) from this Site, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on the date of posting that appears at the top of this page.
3. ACCESSING AND USING THE SITE
3.1 Registering an account with us. Anyone can access this Site using their web browser and internet connection. However, if you want to buy Products from the Site, you can either register with us and create an account, checkout on the Site as a “guest” or place your order on the telephone. If you register an account with us your information will be saved, so it will be easier for you to purchase Products on future visits to the Site. To create an account, please go to the account registration page.
3.2 Site downtime. We try to make the Site available at all times, but, of course, due to the inherent nature of online and internet-based services, we cannot guarantee this.
5. ACCOUNT REGISTRATION
5.1 Creating an account. To create an account please go to the account registration page and provide your first name, last name, e-mail address and a password.
5.2 Providing accurate information. You must make sure that all the information you provide when you register with the Site is true, accurate, current and complete.
5.3 Updating your account. If you change any of your registration details (e.g. name, email address, postal address), you must update your account.
5.4 Keeping your account details confidential. To help us maintain the security of the Site, you must keep your registration details confidential. If you become aware of any misuse or unauthorised use of your registration details, then you must inform us immediately by sending us an email at email@example.com
5.5 Reasons why we may close or suspend your account.
5.5.1 If you have breached, or we have a justifiable reason to believe that you have breached, or will breach, these Terms, we may close or suspend your registration and/or access to the Site and/or to any content made available on the Site.
5.5.2 We reserve the right to delete your account and any personal data or other information associated with your use of the Site if there is no activity on your account for more than 36 consecutive months.
5.6 When can I close my account? You can close your account at any time as long as you do not have any outstanding orders.
SECTION B: E-COMMERCE AND TELEPHONE ORDERS – SALE OF PRODUCTS
6. OUR PRODUCTS
6.1 Products may vary slightly from their pictures. Any images of Products on the Site are for illustrative purposes only. We cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
6.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Site have a 2% tolerance.
6.3 Any specifications, formulations, data or statements as to any of our Products weight, ratios, species, suitability, performance or otherwise, issued and descriptions and samples given by us in connection with the Products are intended to be approximate only.
6.4 Product packaging may vary. The packaging of the Products may vary from that shown on images on the Site.
6.5 Availability of Products. All Products shown on the Site are subject to availability.
6.6 Please read the following important information regarding Perishable Products:
6.6.1 The Perishable Products are highly perishable and are likely to deteriorate rapidly once harvested in fulfilment of your order.
6.6.2 If the Perishable Products are not laid immediately at the receipt in accordance with the instructions found on our site or included in any emails we send to you before your order is dispatched, the Perishable Products may deteriorate.
6.6.3 Due to the perishable nature of the Perishable Products we recommend you order the Perishable Products for the day you intend to lay them.
6.6.4 Perishable Products are living product grown outside in varying soil conditions. As such, their appearance can be noticeably different in response to these conditions, weather and time of year. We cannot be held responsible for miss-matching if consignments are delivered separately, but please be assured that once the Perishable Products are properly established the grasses, flowers etc. will adapt to their new environment and take on a more uniform appearance.
7. TERMS OF SALE: FOR CONSUMERS
7.1 This paragraph 7 only applies if you are a consumer.
7.2 Getting advice about your consumer rights. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
8. TERMS OF SALE: FOR BUSINESS CUSTOMERS
8.1 This paragraph 8 only applies if you are a business or are acting in the course of a business.
8.2 You confirm that you have authority to bind any business on whose behalf you use the Site to purchase Products.
9. HOW THE CONTRACT FOR SALE OF PRODUCTS IS FORMED BETWEEN YOU AND USER
9.1 Our contract with you. Your order is an offer to buy from us. When you are placing an order, the following steps have to take place before a contract for the sale of Products (‘Contract’) is made between us in relation to your order:
9.1.1 Ordering. After choosing the Product(s) you wish to purchase you can place your order in the following ways:
a) Online. Adding the Product(s) you wish to purchase to your shopping basket on the Site and then either signing into your account, creating an account or choosing to checkout as a “guest”. You can then place your order for your Product(s) by pressing the ‘Pay Now’ button at the end of the check-out process and submitting your payment details to us.
b) Over the Telephone. Supply our agent with details of the Product(s) you wish to purchase. Your order will be placed when you instruct our agent to do so, at which point they will take your payment information.
9.1.2 Reviewing order. Before placing your order:
a) Online. The check-out process will give you the opportunity to review and, if necessary, to change your selection of Product(s) and/or correct any errors in your order information. Please take the time to read and check your order at each page of the order process.
b) Over the Telephone. Our agent will confirm the details you have provided them with and give you the opportunity to change your selection of Product(s) and/or correct any errors in your order information.
9.1.3 Accepting our terms.
a) Online. You will be asked to click to confirm that you accept our Terms. If you do not wish to be bound by what you read you should not place any orders through the Site.
b) Over the Telephone. You will be made aware that your order is subject to our Terms while placing the order, and told where our Terms are available. By proceeding with the order, you agree to be bound by the Terms. If you do not wish to be bound by what you read you should not place any orders.
9.1.4 Acknowledgement of your order. Once you have submitted your order, you will see an on-screen acknowledgement of your purchase (if made online). You will receive a receipt for your payment and an acknowledgement of your order by email. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraph 9.1.5.
9.1.5 Our acceptance of your order. We will confirm our acceptance of your order to you by sending you a Dispatch Confirmation or by fulfilling the order and completing delivery of the Products, unless, prior to dispatch, we notify you that we do not accept your order (see paragraph 9.2 below). The Contract between us will only be formed when we send you the Dispatch Confirmation or complete delivery of the Products.
9.1.6 Reviewing accepted orders (online only). We keep a record of the orders that you place with us in the My Account area, which you can view by logging-in to your account.
9.2 If we cannot accept your order. If we are unable to supply you with your Product(s) ordered, for example because that Product(s) is not in stock or no longer available or because of an error in the price on our Site as referred to in paragraph 12.4, we will inform you of this by email and we will not process your order. If you have already paid for the Product(s), we will refund you the full amount as soon as possible, by the same method in which the payment was originally made.
9.3 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of the Product(s) to:
9.3.1 deal with technical problems or make minor technical changes;
9.3.2 due to events outside of our control such as weather meaning we are unable to harvest Perishable Products;
9.3.3 update the Product(s) to reflect changes in relevant laws and regulatory requirements; or
9.3.4 make changes to the Product(s) as requested by you or notified by us to you (see paragraph 11).
9.4 Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Product(s), unless the problem is urgent or an emergency. You may contact us to end the Contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 2 weeks and we will refund any sums you have paid in advance for the Product(s) in respect of the period after you end the Contract.
10. YOUR RIGHTS TO MAKE CHANGES TO YOUR ORDER
Changes to your order. If you wish to make a change to the Product(s) you have ordered please contact us by telephone or email. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product(s), the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (see our Cancellation and Returns Policy).
11. OUR RIGHTS TO MAKE CHANGES TO THESE TERMS
11.1 Changes to these Terms and the Products. We may revise these Terms and the Products from time to time for any reason, including to reflect changes in relevant laws and regulatory requirements. For further information, please see paragraph 32.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 Delivery costs. Unless stated otherwise, the price of a Product does not include delivery charges. Our delivery charges are as quoted on the Site from time to time. The delivery charges will vary depending on the place of delivery and in some cases, the date and time slot chosen by you when placing an order on the Site or over the telephone.
12.2 Where to find the price for the Product? The prices of the Products will be as quoted on the Site from time to time. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation. If we discover an error in the price of the Product(s) you ordered, please see paragraph 12.4 for what happens in this event.
12.3 We will pass on changes in the rate of VAT. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
12.4 What happens if we got the price wrong? We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, the Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products on the Site may be incorrectly priced.
12.5 What to do if you think an invoice is wrong? If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
13. HOW TO PAY
13.1 How you must pay. We currently accept various forms of payment for Products including via PayPal or credit/debit card. Please refer to our website footer for details of the payment cards and methods that we currently accept. When placing an order, you confirm that the form of payment that you use to make payment to us is yours and that you have authority to place the order.
13.2 When you must pay. Payment for the Products and all applicable delivery charges is taken at the time you place your order.
14. DELIVERY AND COLLECTION
14.1 Delivery timescales. You may select when you want the Product(s) delivered, and charges will vary dependent on the timescale selected.
14.2 We are not responsible for delays outside our control. Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation. There are some circumstances outside of our reasonable control that may affect delivery times (for example extreme weather, road accidents, our third party delivery providers vehicles breaking down or IT failures) and we, therefore, do not guarantee any delivery dates or times. As such we do not recommend you organise any third party suppliers (such as landscapers) around delivery dates. If we are unable to meet the estimated delivery date because of such circumstances, we will contact you with a revised estimated delivery date or time. We will cover the costs of re-delivery in such circumstances but will not be responsible for any third party costs that you have to pay as a result of you arranging third-party suppliers around delivery dates.
14.3 Areas we cannot deliver to. Due to the fact that we cannot reach the postcodes listed below within 24 hours of harvest, we are unable to offer a delivery service to the following areas:
14.3.1 SCOTLAND AB, KW1 – 3, KW5 – 14, PA21 – 38, PH19 – 41, IV1 – 28, IV30 – 32, IV36, IV52 – 54, IV63
14.3.2 HIGHLANDS & ISLANDS IV40 – 49, IV51, IV55 – 56, KA27 – 28, PA20, PA41 – 49, PA60 – 78, PH42 – 44, PH49 – 50, ZE15 – 17, HS
14.3.3 NORTHERN IRELAND BT1 – 23, BT24 – 35, BT36 – 40, BT41
14.3.4 EIRE – DUBLIN CITY
14.3.5 ISLE OF MAN
14.3.6 GUERNSEY / JERSEY
14.4 Delivery Access. Further information regarding delivery can be found at our Delivery Information section of the Site [link to Delivery Information].
14.4.1 Delivery restrictions. Products are delivered to kerbside, as near as possible to the delivery address that you provide. Please inform us of any issues (including those set out below) that may affect delivery to your address i.e. height, weight or width restrictions, off-loading or parking restrictions.
14.4.2 You recognise and accept that kerbside deliveries may be made by “tail lift” vehicles with manual pump truck pallet devices and that in order for these systems to operate and for deliveries to be made the ground must be even and on a flat surface.
14.4.3 Delivery to your driveway. If you wish the Product(s) to be delivered to your driveway then a solid flat surface such as tarmac or a paved drive is required and you accept and agree that the driveway or property is capable of withstanding the weight of the delivering vehicle and Product(s) and we shall not accept any liability for any damage to property or driveways caused during delivery. Delivery to your driveway is always at the discretion of the delivery driver.
14.4.4 Unable to access your property. Any delivery is based on you providing clear access for the delivery of the Product(s). When delivery cannot be made due to access difficulties or offloading/parking restrictions an additional delivery charge may be incurred by you. In respect of Perishable Products, if we are unable to deliver Perishable Products because you fail to tell us about any delivery restrictions or provide incorrect address details, the Product will deteriorate. As such, you shall not be eligible for a refund of the price of the Product(s) or for any delivery charges.
14.5 When will completion of delivery take place? We will deliver the Product(s) to the address you give us. Delivery will be completed when (i) you or a person you have identified has taken physical possession of the Product(s); or (ii) if no one is available to take physical possession of the Product(s), when the Product(s) has been unloaded at or as close as possible to the delivery address provided to us. We will not be responsible for any deterioration or theft of the Product(s) left at your address.
14.6 If you are not at home when the Product(s) is delivered. If no one is available at your address to take delivery, we will deliver the Product(s) as close as possible to the delivery address provided to us.
14.7 Collection by you. If you have asked to collect the Product(s) from one of the Collection Points, you will have been allocated a delivery date and as such, the Product(s) should be collected on those assigned collection days.
14.8 If you do not re-arrange delivery. If you do not collect the Product(s) from a Collection Point as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and paragraph 22.2 will apply.
14.9 When will you become responsible for the Products? The Product(s) will be your responsibility from the completion of delivery or, the day you collect the Product(s) (whichever is applicable).
14.10 When will you own the Products? You own the Product(s) once we have received payment in full, including all applicable delivery charges and delivery has been completed.
14.11 Delivery FAQS. For further information about delivery, including delivery access please visit the Delivery FAQs section of our Site.
15. NO INTERNATIONAL DELIVERY
15.1 We only sell to the UK. Unfortunately, we do not deliver to addresses outside the UK.
16. MANUFACTURER GUARANTEES
16.1 Products with manufacturer’s guarantees. Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Product(s).
16.2 What is a manufacturer guarantee? If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Product(s) that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
17. DEFECTIVE OR MIS-DESCRIBED PRODUCTS
17.1 What to do if your Product is faulty. In the unlikely event that you receive a defective or mis-described Product(s) or a fault develops with an item(s) you order from us please see our Returns Policy.
18. RETURNS AND CANCELLATIONS
18.1 Please see our Returns Policy for the terms and conditions relating to the cancellation of orders and return of faulty, mis-described and non-faulty Product(s) that you order from the Site.
19. OUR LIABILITY IF YOU ARE A CONSUMER
19.1 This paragraph 19 only applies if you are a consumer.
19.2 We are responsible for foreseeable loss or damage caused by us. If we fail to comply with our obligations to you under this Section B – E-commerce and Telephone Orders – Sale Of Products in connection with any Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
19.3 We only supply the Products for domestic and private use. You agree not to use the Product(s) for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
19.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. We therefore do not in any way exclude or limit our liability under or in connection with any Contract for:
19.4.1 death or personal injury caused by our negligence;
19.4.2 fraud or fraudulent misrepresentation;
19.4.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
19.4.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
19.4.5 defective Products under the Consumer Protection Act 1987.
20. OUR LIABILITY IF YOU ARE A BUSINESS CUSTOMER
20.1 This paragraph 20 only applies if you are a business customer.
20.2 Products cannot be purchased by you for re-sale purposes. We only supply the Products for internal use by your business, and you agree not to use the Product(s) for any re-sale purposes.
20.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in these Terms limits or excludes our liability for:
20.3.1 death or personal injury caused by our negligence;
20.3.2 fraud or fraudulent misrepresentation; or
20.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
20.4 When we are not liable to you. Subject to paragraph 20.3, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with any Contract for:
20.4.1 any loss of profits, sales, business or revenue, whether direct or indirect;
20.4.2 loss or corruption of data, information or software;
20.4.3 loss of business opportunity;
20.4.4 loss of anticipated savings;
20.4.5 loss of goodwill; or
20.4.6 any indirect, consequential loss, special or exemplary damages.
20.5 We will only be liable to you up to a certain amount. Subject to paragraph 20.3 and paragraph 20.4, our total liability to you in respect of all other losses arising under or in connection with any Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Product(s).
20.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Product(s) is suitable for your purposes.
SECTION C: GENERAL PROVISIONS
21. PROMISES, LIABILITY AND DISCLAIMER
21.1 Promises we do not make. The Site is provided on an "as is" basis. To the fullest extent permissible under applicable law, we disclaim any and all promises, warranties, conditions, or representations relating to the Site and its content, whether express, implied, oral or written. In particular:
21.1.1 we do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on the Site and you should not rely on it being accurate, truthful or complete; and
21.1.2 by using the Site you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of the Site, and the risks inherent in all third party links, connections and transfers via the internet.
21.2 You access the Site at your own risk. You agree that your access and use of the Site and its content is at your own risk. We do not have any knowledge of, or control over, the particular purposes for which the information and content available on the Site is used. The content and information that we make available on the Site is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on the Site or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on the Site.
21.3 Accepting the risks and limitations of the Internet. By using the Site you acknowledge and accept the inherent risks, characteristics and limitations of the Internet, particularly in terms of technical performance of the Site, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the Internet. Accordingly:
21.3.1 we do not make any promises about the availability or accessibility of the Site or promise that your access to the Site, the content on it or the services we provide will be delivered uninterrupted, in a timely manner or error-free; and
21.3.2 we are not responsible for any data or information uploaded by any users or visitors including any content posted, uploaded or published on the Site. It is your responsibility to make backup copies of any of the content you post, upload or publish on the Site and we strongly recommend that you do so.
21.4 We make no promises in respect of any harm resulting from any download you may carry out. We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Site or the servers that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the Site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.
21.5 When we will not be responsible or liable to you. We will not be responsible or liable to any visitors browsing the pages of the Site for:
21.5.1 any form of indirect, consequential or special loss; or
21.5.2 any financial loss or loss of data, opportunity, goodwill or reputation, in each case whether such loss is direct or indirect.
21.6 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following:
21.6.1 for death or personal injury caused by our negligence;
21.6.2 fraud or fraudulent misrepresentation; or
21.6.3 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.
22. OUR RIGHTS TO END THE CONTRACT
22.1 May end the Contract if you break it. We may end the Contract for a Product at any time by writing to you if:
22.1.1 you do not make any payment to us when it is due and you still do not make payment within 5 days or the day before delivery, whichever is sooner, of us reminding you that payment is due;
22.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product(s); or
22.1.3 you do not, within a reasonable time, allow us to deliver the Product(s) to you or collect them from us.
22.2 You must compensate us if you break the Contract. If we end the Contract in the situations set out in paragraph 22.1 we will refund any money you have paid in advance for the Product(s) we have not provided (except for Perishable Products, see Condition 14.4.4 for example) but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
23.1 What happens if you do not use the Site in accordance with these terms. You agree only to use the Site in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including any actions you take which disrupt access to and/or the functioning of the Site) or any liability we incur as a result of the use of the Site by you and any other person that uses your account.
24. OUR CONTENT
24.1 Who owns the content of the Site? All of the content on the Site is owned by (and all copyright, trade mark and other intellectual property rights in that content, shall at all times remain vested in) us or our licensors and is protected by UK and international copyright and other intellectual property laws.
24.2 What does our content consist of? Our content includes any information or other material found on or via the Site, including without limitation text, databases, graphics, videos, software and all other features found on or via the Site.
24.3 Restrictions on use of our Site content. We make the Site and our content available through the Site for your personal, non-commercial use only. You may view the Site’s pages and content online and may, where necessary, print individual pages of the Site on paper (but not photocopy them) and store such pages in electronic form on your computer for your non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use any of the content on the Site, including any downloadable Products that you purchase from us, other than as expressly permitted under these Terms without our prior written consent.
24.4 To be clear, you are not in any circumstances permitted to:
24.4.1 make commercial use of any such content;
24.4.2 edit any such content; or
24.4.3 remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.
24.5 Where content is uploaded by others. Where the Site includes content provided by users or by others, please refer to the Content Policy for further details of permitted uses.
24.6 Who owns the trademarks on the Site? The trade marks appearing on the Site are owned by us or our licensors including Harrowden Farms, Harrowden Turf, Turfonline, Spearhead Turf, Turfland, Enviromat, Meadowmat, Q Lawns, Soil Online and Stewarts Turf. No permission is given in respect of the use of any of these marks or brands, and any such use may constitute an infringement of the holder’s rights.
25. GENERAL PROHIBITIONS ON ACCESS AND USE OF THIS SITE
25.1 Restrictions on your use of the Site. You may use the Site only for lawful purposes. You may not use the Site:
25.1.1 in any way that breaches any applicable local, national or international law or regulation;
25.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
25.1.3 for the purpose of harming or attempting to harm minors in any way; or
25.1.4 to knowingly transmit, send or upload any data or other material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
25.2 You also agree:
25.2.1 not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our Terms;
25.2.2 not to access without authority, interfere with, damage or disrupt:
a) any part of the Site;
b) any equipment or network on which the Site is stored;
c) any software used in the provision of the Site, or
d) any equipment or network or software owned or used by any third party.
25.3 You shall not carry out data mining, screen scraping or crawling of this Site, its pages or its content or use any process or processes that send automated queries to this Site unless you have obtained our prior written consent.
26. THIRD-PARTY SOFTWARE
26.1 You may need to download software to use certain content on the Site. You acknowledge that you may need to download and activate certain software in order to use certain content provided and sold on the Site. This software will be clearly identified on the Site.
26.2 You may need to accept third-party licence terms to use certain content on the Site. In order to use such third-party software or technology, you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.
27.1 You acknowledge that the Site may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.
27.2 We do not therefore endorse, or make any representations about, them or any content found there or any results that may be obtained from using them.
27.3 Accessing third-party websites at your own risk. If you decide to access any of these third-party websites, you do so entirely at your own risk.
27.5 When can you link to the Site. You may only link to the Site provided that:
27.5.1 the homepage is not loaded into frames on your website unless we expressly agree;
27.5.2 your site or services do not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values; and
27.5.3 we reserve the right to withdraw linking permission any time without prior notice.
28. COPYRIGHT COMPLAINTS
28.1 We respect the intellectual property rights of others. We prohibit users of the Site from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.
28.2 It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us using the details provided in paragraph 29.
28.3 Our right to terminate usage rights for repeat infringers of others copyright. Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be repeat infringers of others’ copyright. Please see paragraph 5.5 for further details.
28.4 We are not responsible for content hosted on third-party websites accessible from this Site. Content hosted on third-party websites accessible from this Site is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.
29. GENERAL COMPLAINTS, FEEDBACK AND REQUESTS FOR FURTHER INFORMATION
29.1 How to make a complaint or request for further information from us. If you have any general complaints or wish to request further information about the Site, please contact us via email at firstname.lastname@example.org or by post to Harrowden Turf Ltd, Colpmans Farm, Islip, Kettering, NN14 3LT and we will do our best to resolve these.
29.2 Your feedback and suggestions about the Site are always gratefully received by us however you understand that we may use these without any obligation to compensate you for them and you are, of course, under no obligation to us to provide them.
30. WRITTEN COMMUNICATIONS
30.1 How we will communicate with you. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
30.2 We will not be responsible for your failure to receive communications as a result of your inbox being full, failure by you to check spam/junk email folders or the provision of an incorrect email address.
31. OTHER IMPORTANT TERMS
31.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation.
31.2 You need our consent to transfer your rights to someone else You may only transfer your rights or your obligations under these Terms or any Contract to another person if we agree to this in writing.
31.3 Nobody else has any rights under these Terms or any Contract. These Terms, and any Contract is between you and us. No other person shall have any rights to enforce any of its terms, except that the provisions of these Terms may be enforced by any of our licensors subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999.
31.4 If a court finds part of these Terms or any Contract illegal, the rest will continue in force. Each of the paragraphs of these Terms, and any Contract operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
31.5 Even if we delay in enforcing these Terms, or any Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms or any Contract, or if we delay in taking steps against you in respect of you breaking these Terms, or any Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
31.6 Which laws apply to these Terms, and any Contract, and where you may bring legal proceedings.
31.6.1 If you are a consumer, these Terms and any Contract, their subject matter and their formation, are governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
31.6.2 If you are a business, these Terms and any Contract their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.
31.7 Alternative dispute resolution. This paragraph 31.7 only applies if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint for online resolution to the European Commission Online Dispute Resolution platform.
31.8 Reliance on these Terms. We intend to rely on these written Terms and any document expressly referred to in them in relation to the subject matter of any contract between us. We and you will be legally bound by these Terms.
31.9 We are not responsible for delays outside our control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control. In such circumstances including fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract.
31.10 References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
31.11 Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
31.12 Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. The Contract between us will be concluded in English.
32. CHANGES TO THESE TERMS
32.1 We may make changes to these Terms at any time by sending you an email with the modified Terms or by posting a copy of them on the Site. Any changes will take effect 7 days after the date of our email or the date on which we post the modified terms on the Site, whichever is the earlier. If you continue to use the Site after that period has expired, it means that you accept any such changes.