Terms & Conditions of Supply

Consumer Terms

Trade Business Terms

 

Consumer Terms

1. About us

1.1 Who we are. We are Harrowden Turf Limited (“we”, “the Company”, “our” or “us”) a company registered in England and Wales. Our company registration number is 09297147 and our registered office is at Colpmans Farm, Islip, Kettering, Northamptonshire NN14 3LT. We are part of the Harrowden Turf (Holdings) Limited Group (Company Registration Number 07048770). Our registered VAT number is GB 203 7798 96. 

1.2 Our websites. We operate the following websites:

www.harrowdenturf.co.uk

www.turfonline.co.uk 

1.3 How to contact us. If you have any queries or concerns regarding these Terms, please contact us by completing the “contact us” form on our websites. You can also contact us by telephoning our customer service team at 01832 777111 or by writing to us at [email protected] or by post to our registered office address.

1.4 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. 

2. These Terms

2.1 What these Terms cover. These are the terms and conditions (Terms) on which we supply and sell Products to you as a consumer and matters referred to in them form the Contract between us (the Contract). These Terms and the Contract are made only in the English language.

2.2 Why you should read them. Please read these Terms carefully before you use our websites or telephone us to submit your Order to us. These Terms tell you who we are, how we will provide Products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information about your use of our websites and buying Products from us. If you think that there is a mistake in these Terms, please contact us to discuss. We recommend that you print or save a copy of these Terms for future reference.

2.3 Accepting these Terms: By using our websites or placing a telephone Order, you confirm that you accept these Terms and that you agree to comply with them. Every time you wish to order any Products from our websites or by telephone, 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 foot of these Terms.

2.4 Our policies. There are a number of policies referred to in these Terms, including our Privacy Policy, Cookie Policy, Website Acceptable Use Policy and Website Terms and Conditions of Use Policy. These policies form part of our agreement with you so please take the time to read them.

2.5 Definitions. We use the following definitions throughout these Terms:

Collection Point: any of the collection points listed on our websites or agreed with you on the telephone;

Contract: your offer to buy Products from us and our acceptance of that offer;

Dispatch Confirmation: a confirmation email to you confirming that the Products have been dispatched or is ready for collection;

Enviromat:  an enviromat sedum mat Product ordered under these Terms;

Events Outside Our Control: includes acts of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, collapse of buildings, fire, explosion or accident, any labour or trade dispute, strikes, industrial action or lockouts, non-performance by suppliers or subcontractors and interruption or failure of utility service.

Latent Defects: any disease, pest, damage or defect whatsoever of the Perishable Products that is not discoverable by reasonable inspection at the time of delivery or collection or within a reasonable period of time from delivery or collection.

Meadowmat:  a meadowmat wildflower turf Product ordered under these Terms;

Non-perishable Product(s):  Product(s) which are not Perishable Product(s);

Perishable Products: means Turf, Meadowmat and/or Enviromat;

Product(s): the item(s) ordered by you under these Terms; 

Turf:  any turf ordered under these Terms; and

Writing or Written: includes emails. 

3. Using our Websites

3.1 Website downtime. We try to make our websites available at all times, but, of course, due to the inherent nature of online and internet-based services, we cannot guarantee this.

3.2 Privacy and use of Cookies. We take your privacy very seriously. Please read our Privacy Policy to see how we use your personal information. Please also see our Cookie Policy for detailed information on the types of cookies we use on our websites, the purposes for which we use each cookie, how you can disable and enable the use of certain cookies and the consequences of doing so.

3.3 Registering an account with us. Anyone can access our websites using a web browser and internet connection. However, if you want to buy Products from our websites, you can either register with us and create an account, checkout on our websites 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 our websites. 

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.

Providing accurate information. You must make sure that all the information you provide when you register with our websites is true, accurate, current and complete.

Updating your account. If you change any of your registration details (e.g. name, email address, postal address), you must update your account.

Keeping your account details confidential. To help us maintain the security of our websites, 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 protected]

3.4 Reasons why we may close or suspend your account. 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 our websites and/or to any content made available on our websites. We also reserve the right to delete your account and any personal data or other information associated with your use of our websites there is no activity on your account for more than 36 consecutive months.

3.5 When can I close my account? You can close your account at any time as long as you do not have any outstanding Orders.

4. Our Products

4.1 Products may vary slightly from their pictures. The images of the Products on our websites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. The Product you receive may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our Products are natural, all sizes, weights, capacities, dimensions and measurements indicated on our websites have a 2% tolerance.

4.2 Product Descriptions. 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.

4.3 Product packaging may vary. The packaging of the Product may vary from that shown in images on our websites. 

4.4 Availability of Products. All Products shown on our websites are subject to availability. We do not supply Products to addresses outside of the UK. Please see paragraph 6.4 for excluded locations and postcodes.

4.5 Perishable Products. 

Please read the following important information regarding Perishable Products:

Deterioration. Perishable Products are highly perishable and are likely to deteriorate rapidly once harvested in fulfilment of your Order.

Delivery Date. If Perishable Products are not laid immediately on receipt in accordance with the instructions found on our websites or included in any emails we send to you before your Order is dispatched, the Perishable Products may deteriorate. We therefore recommend you order the Perishable Products to be delivered on the day you intend to lay them.

Appearance. Perishable Products are living products 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.

5. Pricing of Products and payment

5.1 Delivery costs. Unless stated otherwise, the price of a Product does not include delivery charges. Our delivery charges are as quoted on our websites and may be amended 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 our websites or over the telephone. For palletised Products (Perishable Products and bulk bags) we incorporate a standard delivery cost into the Product price.  Any additional delivery charge is where the delivery is to a more expensive delivery area or an extra paid delivery service is selected.

5.2 Where to find the price for the Product. The prices of the Products will be as quoted on our websites and may be amended from time to time. Price changes will not affect any Order which we have confirmed with a Dispatch Confirmation. If we discover an error in the price of the Products you ordered, please see paragraph 5.4 for what happens in this situation.

5.3 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.

5.4 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Product’s correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the Product’s correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products provided to you.

5.5 How to pay. We currently accept various forms of payment for Products including via PayPal or credit/debit card. Please refer to our website footers 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.

5.6 When to pay. Payment for the Products and all applicable delivery charges is taken at the time you place your Order.

5.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. 

5.8 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. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

6. Delivery and Collection

For further information about delivery please visit the Delivery FAQs section of our websites.

6.1 When we will provide the Products. During the order process you may select when you want the Products delivered. Delivery charges will vary dependent on the timescale selected. We will deliver the Products to you on the delivery date set out in the Dispatch Confirmation or as soon as reasonably possible in the event of delays being due to Events Outside Our Control (see paragraph 6.2). 

6.2 We are not responsible for delays outside our control. There are some circumstances outside of our reasonable control (Events Outside Our Control) that may affect delivery times. Therefore, we do not guarantee any delivery dates or times and they should be considered to be estimates dates or times. As such we do not recommend you organise any third-party suppliers/contractors (such as landscapers) around delivery dates. If we are unable to meet the estimated delivery date because of Events Outside Our Control, we will contact you with a revised estimated delivery date or time. We may 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/contractors around delivery dates.

6.3 If our supply of the Products is delayed by an Event Outside Our Control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the Event Outside Our Control, but if there is a risk of substantial delay you may contact us to end the Contract (see paragraph 9.3) and receive a refund for any Products you have paid for but not received. 

6.4 Areas we cannot deliver to. Due to the fact that we cannot reach the postcodes listed below within 24 hours of harvest of Perishable Products, we are unable to offer a delivery service to the following areas and postcodes:

SCOTLAND AB, KW1 – 3, KW5 – 14, PA21 – 38, PH19 – 41, IV1 – 28, IV30 – 32, IV36, IV52 – 54, IV63

HIGHLANDS & ISLANDS IV40 – 49, IV51, IV55 – 56, KA27 – 28, PA20, PA41 – 49, PA60 – 78, PH42 – 44, PH49 – 50, ZE15 – 17, HS

NORTHERN IRELAND BT1 – 23, BT24 – 35, BT36 – 40, BT41

EIRE – DUBLIN CITY

ISLE OF MAN

GUERNSEY / JERSEY

6.5 Delivery access. Please refer to the Delivery Information section of our websites for further information.

6.6 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. 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.

6.7 Delivery to your driveway. If you wish the Products 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 Products and we shall not accept any liability for any damage to property or driveways caused during delivery. Delivery to your driveway is, in any event, at the discretion of the delivery driver.

6.8 Unable to access your property. Any delivery is based on you providing clear access for the delivery of the Products. When delivery cannot be made due to access difficulties or offloading/parking restrictions you may incur an additional delivery charge. If we are unable to deliver Perishable Products because you fail to tell us about any delivery restrictions or provide incorrect address details, the Perishable Products may deteriorate. As such, you shall not be eligible for a refund of either the price of the Products or any delivery charges.

6.9 If you are not at home when the Products are delivered. If no one is available at your address to take delivery we will deliver the Products as close as possible to the delivery address provided to us.

6.10 Collection by you. If you have asked to collect the Products from one of the Collection Points, you will be allocated a collection date and the Products should be collected on the assigned collection date.

6.11 If you do not re-arrange delivery. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a Collection Point 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 13.2 will apply.

6.12 If we cannot contact you. If we cannot contact you to re-arrange delivery/collection within two days after the day on which we notified you that the Products were ready for re-delivery/collection paragraph 13.2 will apply.

6.13 When will completion of delivery take place? We will deliver the Products 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 Products; or (ii) if no one is available to take physical possession of the Products, when the Products have 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 any Products left at your address. When you have asked to collect Products from a Collection Point, delivery is complete at the time the Products have been collected from the Collection Point.

6.14 When will you become responsible for the Products? The Products will be your responsibility from the completion of delivery or, the day you collect the Products from a Collection Point (whichever is applicable).

6.15 When will you own the Products? You own the Products once we have received your payment in full, including all applicable delivery charges and delivery has been completed.

7. How to Order and our Contract with you 

7.1 Ordering. After choosing the Products you wish to purchase you can place an Order in the following ways:

(a) Online. Add the Products you wish to purchase to your shopping basket on our websites and then either sign into your account, create an account or choose to checkout as a “guest”. You can then place your Order (“your Order”) for Products 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 Products 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.

If we have provided you with a written quotation for Products this will not constitute an offer to sell. A written quotation shall only be valid for a period of 7 Business Days from its date of issue and your Order will only be placed when you accept the written quotation and instruct us to place your Order.

7.2 Reviewing your Order. Before placing your Order, please review it to ensure that you have selected the correct Product:

(a)  Online. The check-out process will give you the opportunity to review and, if necessary, to change your selection of Products 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 Products and/or correct any errors in your Order information.

7.3 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 our websites.

(b) Over the Telephone. You will be made informed that your Order is subject to our Terms while placing the Order, and told where our Terms are available for review. By proceeding with your Order, you agree to be bound by these Terms. If you do not wish to be bound by what you read you should not place any Orders.

7.4 Acknowledging your Order. Once you have submitted your Order, if your Order was placed online, you will see an on-screen acknowledgement of your purchase. For online and telephone Orders 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 7.5.

7.5 Accepting your Order. Our acceptance of your Order will take place (a) when we email you a Dispatch Confirmation or (b) by fulfilling your Order and completing delivery of the Products. Where either (a) or (b) applies, the Contract will come into existence between you and us. However, if circumstances change (see paragraph 7.6) between the Dispatch Confirmation being issued and fulfilling your Order we will tell you that we can no longer accept your Order and the Contract will be cancelled.

7.6 If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, unexpected limits on our resources which we could not reasonably plan for, we have identified an error in the price or description of the Product or we are unable to meet a delivery deadline you have specified. If you have already paid for the Product, we will refund you the full amount as soon as possible, via the same method in which your payment was made.

7.7 Your Order number. We will assign an Order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us your Order number whenever you contact us about your Order. Orders placed on line can be reviewed in the My Account area of our websites by logging into your account.

8. Your Legal Rights

8.1 Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this Contract. See the box below for a summary of your key legal rights in relation to our Products. Nothing in these Terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods (Products) must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your Products can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

c) Up to six years: if your Products do not last a reasonable length of time you may be entitled to some money back.   

See also paragraph 8.11.

8.2 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 Products.

8.3 What is a manufacturer guarantee? For consumers, he benefits of a manufacturer’s guarantee is in addition to your 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.

8.4 What to do if there is a problem with Products.  In the unlikely event that you receive defective or mis-described Products or a fault develops with Products you order from us, you have any questions or complaints about the Products(s) or are unhappy about any aspect of our service, please contact us. You can telephone our customer service team at 01832 777111 or write to us at [email protected] or Harrowden Turf Limited, Colpmans Farm, Islip, Kettering, Northamptonshire NN14 3LT.

8.5 If we deliver goods late. You have legal rights if we deliver any Product late. If we miss the delivery deadline for any Product which is not due to an Event Beyond Our Control (see paragraphs 6.2 and 6.3) then you may treat the Contract as at an end straight away if any of the following apply:

(a) we have refused to deliver the Products; or

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); and

(c) you told us before we accepted your Order that delivery within the delivery deadline was essential.

8.6 Late delivery of Perishable Products. Notwithstanding the fact that Perishable Products may have been delivered late, they may still be is a satisfactory condition if laid immediately upon delivery. Please see paragraph 9.4 and paragraph 10.2 for further information if you decide to return Perishable Products because of late delivery.

8.7 Setting a new deadline for delivery. If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under paragraph 8.5, you can give us  a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.

8.8 Ending the Contract for late delivery. If you do choose to treat the Contract as at an end for late delivery under paragraph 8.5 or paragraph 8.7, you can cancel your Order for any Products that have been delivered (with the exception of Perishable Products and Products made to Order). If you wish, you can reject or cancel the Order for some of the Products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and delivery.  

8.9 Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of Products, 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 7 days and we will refund any sums you have paid in advance for Products in respect of the period after you end the Contract.

8.10 Your rights to make changes

If you wish to make a change to the Products 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 Products, the timing of supply or anything else which would be relevant 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 paragraph 9).

8.11 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund (Cooling-off Period).  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms. 

8.12 When you don’t have the right to change your mind.  You do not have a right to change your mind in respect of:

(a) Perishable Products which have been harvested; and

(b) Products which are made to your specification; 

8.13 How long do I have to change my mind? If you have purchased Products (but not Perishable Products or Products made to your specification) you have 14 days after the day you (or someone you nominate) receives the Products, unless your Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Products.

9. Your rights to end the Contract

9.1 You can always end your Contract with us.  Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Product repaired or replaced or to get some or all of your money back) see paragraph 9.2;

(b) If you want to end the Contract because of something we have done or have told you we are going to do, see paragraph 9.2;

(c) If you have just changed your mind about the Products, see paragraph 8.11. You may be able to get a refund if you are within the Cooling-off Period, but this may be subject to deductions; 

(d) In all other cases (if we are not at fault and there is no right to change your mind) please see paragraph 9.4.

9.2 Ending the Contract because of faulty or misdecribed Products. If you have received a Product which is faulty or misdescribed you may end the Contract and obtain a replacement, repair or refund for the faulty or misdescribed product. In the case of Perishable Products you must notify us of any fault within 24-hours of delivery and send us photographs to demonstrate the fault or misdescription to [email protected]. You must also allow us to inspect the Perishable Product once you have contacted us. We will not be responsible for any Latent Defects in Perishable Products if you do not notify us within a reasonable time after delivery or collection.

9.3 Ending the Contract because of something we have done or are going to do. If you are ending a Contract for a reason set out at (a) to (e) below the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the Products or these Terms which you do not agree to (see paragraph 11.3);

(b) we have told you about an error in the price or description of the Products you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the Products may be significantly delayed because of Events Outside our Control; 

(d) we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons; or

(e) you have a legal right to end the Contract because of something we have done wrong. 

9.4 Ending the Contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see paragraph 9.1), you can still end the Contract before it is completed but you may have to pay us compensation. A contract for Products is completed when the Product is delivered and paid for. If you want to end a Contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The Contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you as compensation for the net costs we will incur as a result of your ending the Contract.

10. How to end the Contract with us (including if you have changed your mind) 

10.1 Tell us you want to end the Contract. To end the Contract with us, please let us know by doing one of the following:  

(a) Phone or email. Call customer services on 01832 777111 or email us at [email protected]. Please provide your name, home address, original Order number, your phone number and email address. 

(b) By post. Complete the Model Cancellation Form and post it to us at the address on the form, or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address. 

Any ancillary contracts you have entered into associated with the cancelled Products (such as consumer credit arrangements or extended product warranties) will automatically be cancelled when you cancel your Contract with us.

10.2 Returning Products after ending the Contract. If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. Except for palletised Products you must return the Products in person or post them back to us at Harrowden Turf Limited, Colpmans Farm, Islip, Kettering NN14 3LT or, if they are not suitable for posting or delivery in person, allow us to collect them from you. Please call customer services on 01832 777111 or email us at [email protected] to arrange collection. All items returned by post should include your original Order number and your contact details inside the package. We will not be responsible for any loss or damage to the returned Products during transit. Therefore, if returning Products to us by post we recommend that you use a courier service which offers shipment tracking and insurance for the full value of the Products while in transit. 

10.3 When you must return Products after ending the Contract. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the Contract. 

10.4 When we will not accept returns. We will not accept returns and/or provide refunds if:

(a) a fault arises from fair wear and tear, wilful or accidental damage or negligence caused by you or a third-party, abnormal or inappropriate storage or working conditions or maintenance, failure to operate or use the Products in accordance with provided user instructions, misuse or alteration or repair of the Products by you or a third-party which is not authorised by us or the manufacturer; 

(b) deterioration arising in Perishable Products which have not been laid promptly and in accordance with the instruction given to you by us; or

(c) defects arising in Perishable Products due to your failure to care for the Perishable Products in the manner advised by us or due to external factors such as (without limitation) weather condition or unintended blown or animal/bird carried seeding.

10.5 When we will pay the costs of return. We will pay the costs of return:

(a) if the Products are faulty or misdescribed; or

(b) if you are ending the Contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.   

10.6 What we charge for collection. If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection, which will vary by location and quantity.

10.7 Offering Replacement Products or Refunds. We may offer to replace any faulty or misdescribed Products or reimburse you for the full cost of the Products (less the value of any promotional code(s) used) including delivery costs (if the cost of all Products in your Order is being reimbursed) by the original method you used for payment within 14 days of us receiving either the faulty or misdescribed Products or proof of return, whichever is the sooner. However, we may make deductions from the price, as described in paragraph 10.8.

10.8 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind: 

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling the Products incorrectly;

or

(b) We may deduct a sum from your refund to reflect the reduced value of the Products if you have used the Products or they are not returned in their original condition; or 

10.9 When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then: 

(a) If we have not offered to collect the Products, your refund will be made within 14 days from the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us; or

(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind 

11. Our Right to Make Changes

11.1 Minor changes to Products. We may change Products: 

(a) to reflect changes in relevant laws and regulatory requirements; and 

(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the Products.

11.2 Changes to these Terms. 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 our websites.  Any changes will take effect 7 days after the date of our email or the date on which we post the modified Terms on our websites, whichever is the earlier.  If you continue to use our websites after that period has expired, it means that you accept any such changes.

11.3 More significant changes to the Products and these Terms. In addition, as we inform you in the description of the Products on our websites, we may make changes to these Terms or more significant changes to the Products. If we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Products paid for but not received.

12. Our Right to Suspend of Supply of Products

12.1 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of the Products to:

(a)  deal with technical problems or make minor technical changes;

(b)  due to Events Outside Our Control such as weather meaning we are unable to harvest Perishable Products;

(c) update Products to reflect changes in relevant laws and regulatory requirements; or

(d) make changes to Products as requested by you or notified by us to you (see paragraph 11).

12.2 We may suspend supply of the Products if you do not pay. If you do not pay us for the Products when you are supposed to (see paragraph 5.6) and you still do not make payment within the earlier of 5 days of us reminding you that payment is due or the day before delivery, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the supply of Products where you dispute an unpaid invoice (see paragraph 5.8). We will not charge you for Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments (see paragraph 5.7).  

12.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply Products to you. If so, this will have been stated in the description of the Products on our websites. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract or paragraph  13.2 will apply and we will make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 

13. Our Right to end the Contract

13.1 We may end the Contract if you break it. We may end the Contract at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within the earlier of 5 days of us reminding you that payment is due or the day before delivery;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products (see paragraph 12.3); or

(c) you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us. 

13.2 You must compensate us if you break the Contract. If we end the Contract in the situations set out in paragraph 13.1 we will refund any money you have paid in advance for Products we have not provided (with the exception of Perishable Products or Products made to your Order) but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract. As such we may resell part of, or all the Products and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Products or charge you for any shortfall below the price of the Products.

13.3 We may withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 7 days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.

14. Our liability.

Your attention is particularly drawn to the following paragraphs.

14.1 References to liability in this paragraph 14 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

14.2 We only supply the Products for personal use by you, and you agree not to use the Products for any resale purposes or use by any business.

14.3 Nothing in these Terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d) any other liability that cannot be limited or excluded by law.

14.4 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 Products are suitable for your purposes.

15. How we may use your personal information

15.1 How we may use your personal information.  We will only use your personal information as set out in our Privacy Policy.

16. Other important terms

16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 

16.3 Nobody else has any rights under this Contract This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.4 If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these terms 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.

16.5 Even if we delay in enforcing this 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 if we delay in taking steps against you in respect of your breaking this 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.

16.6 Which laws apply to this Contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. 

16.7 Alternative dispute resolution. 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, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Consumer Arbitration (a trading name of Consumer Dispute Resolution Limited via their website at https://www.cdrl.org.uk/consumer-arbitration/. Consumer Arbitration will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the Contract)

To:

Harrowden Turf Limited, Colpmans Farm, Islip, Kettering, Northamptonshire NN14 3LT

T: 01832 777111

[email protected] 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following Product(s),

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.

 

 

Trade Business Terms

1. About us

1.1 Company details. Harrowden Turf Limited (Company Registration Number 09297147) (we and us), is a company registered in England and Wales and our registered office is at Colpmans Farm, Islip, Kettering, Northamptonshire NN14 3LT. We are part of the Harrowden Turf (Holdings) Limited Group (Company Registration Number 07048770). Our VAT number is GB 203 7798 96.

1.2 Our websites. We operate the following websites:
www.harrowdenturf.co.uk
www.turfonline.co.uk

1.3 Contacting us. To contact us telephone our customer service team at 01832 777111 or email [email protected] How to give us formal notice of any matter under the Contract is set out in paragraph 18.1.

1.4 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.

2. These Terms

2.1 What these Terms cover. These are the terms and conditions (Terms) on which we supply and sell Products to you as a business or are acting in the course of a business. These Terms and the matters referred to in them, together with the RHA Conditions of Carriage (where you request delivery of Products), form the contract between us (Contract) and apply to the order of Products by you from us and are the only conditions on which we are prepared to deal with you to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. These Terms and the Contract are made only in the English language.

2.2 Why you should read them. Please read these Terms carefully before you use our website or telephone us to submit your Order to us. These Terms tell you who we are, how we will provide Products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information about your use of our website and buying Products from us. If you think that there is a mistake in these Terms, please contact us to discuss. We recommend that you print or save a copy of these Terms for future reference. By agreeing to these Terms you are warranting that you are authorised to enter into a Contract with us on these Terms and have authority to bind any business on behalf of which you are purchasing Products from us. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

2.3 Accepting these Terms: By using our website(s) or placing a telephone Order, you confirm that you accept these Terms and that you agree to comply with them. Every time you wish to order any Products from our website(s) or by telephone, 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 foot of these Terms.

2.4 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.

2.5 Our policies. There are a number of policies referred to in these Terms, including our Privacy Policy, Cookie Policy, Website Acceptable Use Policy and Website Terms and Conditions of Use Policy. These policies form part of our agreement with you so please take the time to read them.

2.6 Definitions. We use the following definitions throughout these Terms:
Collection Point: any of the collection points listed on our website or agreed with you on the telephone;
Contract: your offer to buy Products from us and our acceptance of that offer;
Dispatch Confirmation: a confirmation email to you confirming that the Product(s) has been dispatched or is ready for collection;
Enviromat: an Enviromat sedum mat Product ordered under these Terms;
Events Outside Our Control: includes acts of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, collapse of buildings, fire, explosion or accident, any labour or trade dispute, strikes, industrial action or lockouts, non-performance by suppliers or subcontractors and interruption or failure of utility service.
Latent Defects: any disease, pest, damage or defect whatsoever of the Perishable Products that is not discoverable by reasonable inspection at the time of delivery or collection or within three days of delivery or collection.
Meadowmat: a Meadowmat wildflower turf Product ordered under these Terms;
Non-perishable Product(s): Product(s) which are not Perishable Product(s);
Perishable Products: means Turf, Meadowmat and/or Enviromat;
Product(s): the item(s) ordered by you under these Terms;
Turf: any turf ordered under these Terms; and
Writing or Written: includes emails.

3. Using our websites

3.1 Website downtime. We try to make our websites available at all times, but, of course, due to the inherent nature of online and internet-based services, we cannot guarantee this.

3.2 Privacy and use of Cookies. We take your privacy very seriously. Please read our Privacy Policy to see how we use your personal information. Please also see our Cookie Policy for detailed information on the types of cookies we use on our websites, the purposes for which we use each cookie, how you can disable and enable the use of certain cookies and the consequences of doing so.

3.3 Registering an account with us. Anyone can access our websites using a web browser and internet connection. However, if you want to buy Products from our websites, you can either register with us and create an account, checkout on our websites 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 our websites.

3.4 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.

3.5 Providing accurate information. You must make sure that all the information you provide when you register with our websites is true, accurate, current and complete.

3.6 Updating your account. If you change any of your registration details (e.g. name, email address, postal address), you must update your account.

3.7 Keeping your account details confidential. To help us maintain the security of our websites, 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 protected]

3.8 Reasons why we may close or suspend your account. 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 our websites and/or to any content made available on our websites. We also reserve the right to delete your account and any personal data or other information associated with your use of our websites there is no activity on your account for more than 36 consecutive months.

3.9 When can I close my account? You can close your account at any time as long as you do not have any outstanding Orders.

4. Our Products

4.1 Products may vary slightly from their pictures. The images of the Products on our websites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. The Product you receive may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our Products are natural, all sizes, weights, capacities, dimensions and measurements indicated on our websites have a 2% tolerance.

4.2 Product Descriptions. 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.

4.3 Product packaging may vary. The packaging of the Product may vary from that shown in images on our websites.

4.4 Availability of Products. All Products shown on our websites are subject to availability. WE DO NOT SUPPLY PRODUCTS TO ADDRESSES OUTSIDE OF THE UK. Please see paragraph 7.4 for excluded locations and postcodes.

4.5 Perishable Products.

PLEASE READ THE FOLLOWING IMPORTANT INFORMATION REGARDING PERISHABLE PRODUCTS:

Deterioration. Perishable Products are highly perishable and are likely to deteriorate rapidly once harvested in fulfilment of your Order.

Delivery Date. If Perishable Products are not laid immediately on receipt in accordance with the instructions found on our websites or included in any emails we send to you before your Order is dispatched, the Perishable Products may deteriorate. We therefore recommend you order the Perishable Products to be delivered on the day you intend to lay them.

Appearance. Perishable Products are living products 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.

5. Pricing of Products and payment

5.1 Delivery costs. Unless stated otherwise, the price of a Product does not include delivery charges. Our delivery charges are as quoted on our websites and may be amended 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 our websites or over the telephone. For palletised Products (living Products and bulk bags) we incorporate the delivery cost to a core area into the Product price. Any additional delivery charge will be due to a surcharge we add on reflecting a more expensive delivery area or extra paid service.

5.2 Where to find the price for the Product? The prices of the Products will be as quoted on our websites and may be amended from time to time. Price changes will not affect any Order which we have confirmed with a Dispatch Confirmation. If we discover an error in the price of the Products you ordered, please see paragraph 5.4 for what happens in this event.

5.3 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.

5.4 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Product’s correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the Product’s correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products provided to you.

5.5 How to pay. We currently accept various forms of payment for Products including via PayPal or credit/debit card. Please refer to our website footers 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.

5.6 When to pay. Payment for the Products and all applicable delivery charges is taken at the time you place your Order unless we have agreed otherwise with you.

5.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

5.8 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. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

6. Delivery and Collection
We are a member of the Road Haulage Association (RHA) and make deliveries subject to RHA Conditions of Carriage. For further information about delivery please visit the Delivery FAQs section of our websites.

6.1 When we will provide the Products. During the order process you may select when you want the Products delivered. Delivery charges will vary dependent on the timescale selected. We will deliver the Products to you on the delivery date set out in the Dispatch Confirmation or as soon as reasonably possible in the event of delays being due to an Event Outside Our Control (see paragraph 17).

6.2 We are not responsible for delays due to an Event Outside Our Control. 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). Therefore, we do not guarantee any delivery dates or times and they should be considered to be estimates dates or times. As such we do not recommend you organise any third-party suppliers/contractors (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/contractors around delivery dates.

6.3 If our supply of the Products is delayed by an Event Outside Our Control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the Event Outside Our Control, but if there is a risk of substantial delay you may contact us to end the Contract (see paragraph 10.7) and receive a refund for any Products you have paid for but not received.

6.4 Areas we cannot deliver to. Due to the fact that we cannot reach the postcodes listed below within 24 hours of harvest of Perishable Products, we are unable to offer a delivery service to the following areas and postcodes:
SCOTLAND AB, KW1 – 3, KW5 – 14, PA21 – 38, PH19 – 41, IV1 – 28, IV30 – 32, IV36, IV52 – 54, IV63
HIGHLANDS & ISLANDS IV40 – 49, IV51, IV55 – 56, KA27 – 28, PA20, PA41 – 49, PA60 – 78, PH42 – 44, PH49 – 50, ZE15 – 17, HS
NORTHERN IRELAND BT1 – 23, BT24 – 35, BT36 – 40, BT41
EIRE – DUBLIN CITY
ISLE OF MAN
GUERNSEY / JERSEY

6.5 Delivery access. Please refer to the Delivery Information section of our websites for further information. You will provide at your own expense requisite instructions, documents, licences and authorisations required for or relevant to the delivery of the Products to enable delivery to take place.

6.6 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 the address i.e. height, weight or width restrictions, off-loading or parking restrictions. 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.

6.7 Delivery to a driveway. If you wish the Products to be delivered to a 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 Products and we shall not accept any liability for any damage to property or driveways caused during delivery. Delivery to a driveway is, in any event, at the discretion of the delivery driver.

6.8 Unable to access property. Any delivery is based on the provision of clear access for the delivery of the Products. When delivery cannot be made due to access difficulties or offloading/parking restrictions you may incur an additional delivery charge. If we are unable to deliver Perishable Products because you fail to tell us about any delivery restrictions or provide incorrect address details, the Perishable Products may deteriorate. As such, you shall not be eligible for a refund of either the price of the Products or any delivery charges.

6.9 If there is no-one at the property when the Products are delivered. If no one is available at the delivery address to take delivery we will deliver the Products as close as possible to the delivery address provided to us.

6.10 Collection by you. If you have asked to collect the Products from one of the Collection Points, you will be allocated a collection date and the Products should be collected on the assigned collection date which will be within 2 days of being notice that the Products are ready for collection.

6.11 If you do not take delivery of or fail to collect the Products. If after a failed delivery to you or you do not collect the Products from us as arranged, 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 paragraph 6.12 will apply and/or we may end the Contract.

6.12 If we cannot contact you. If we cannot contact you to re-arrange delivery/collection within two working days after the day on which we notified you that the Products were ready for re-delivery/collection paragraph 14.2 may apply.

6.13 When will completion of delivery take place? We will deliver the Products 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 Products; or (ii) if no one is available to take physical possession of the Products, when the Products have 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 any Products left at your address. When you have asked to collect Products from a Collection Point, delivery is complete at the time the Products have been collected from the Collection Point. If for any reason you fail to take delivery of any of the Products within seven days of being notified that they ae ready for delivery or you are in breach of paragraph 6.5 completion of delivery will be deemed to have taken place at 9:00am on the next working day following the expiry of the seven day period and paragraph 6.14 will apply.

6.14 When will you become responsible for the Products? The Products will be your responsibility from the completion of delivery or, the day you collect the Products from a Collection Point (whichever is applicable).

6.15 When will you own the Products? You own the Products once we have received your payment in full, including all applicable delivery charges and delivery has been completed.

7. How to Order and our Contract with you

7.1 Ordering. After choosing the Products you wish to purchase you can place an Order in the following ways:

(a) Online. Add the Products you wish to purchase to your shopping basket on our websites and then either sign into your account, create an account or choose to checkout as a “guest”. You can then place your Order (“your Order”) for Products 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 Products 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.
If we have provided you with a written quotation for Products this will not constitute an offer to sell. A written quotation shall only be valid for a period of 7 Business Days from its date of issue and your Order will only be placed when you accept the written quotation and instruct us to place your Order.

7.2 Reviewing your Order. Before placing your Order, please review it to ensure that you have selected the correct Product:
(a) Online. The check-out process will give you the opportunity to review and, if necessary, to change your selection of Products 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 Products and/or correct any errors in your Order information.

7.3 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 our websites.
(b) Over the Telephone. You will be made informed that your Order is subject to our Terms while placing the Order, and told where our Terms are available for review. By proceeding with your Order, you agree to be bound by these Terms. If you do not wish to be bound by what you read you should not place any Orders.

7.4 Acknowledging receipt of your Order. Once you have submitted your Order, if your Order was placed online, you will see an on-screen acknowledgement of your purchase. For online and telephone Orders 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 7.5.

7.5 Accepting your Order. Our acceptance of your Order will take place (a) when we email you a Dispatch Confirmation or (b) by fulfilling your Order and completing delivery of the Products. Where either (a) or (b) applies, the Contract will come into existence between you and us. However, if circumstances change (see paragraph 7.5) between the Dispatch Confirmation being issued and fulfilling your Order we will tell you that we can no longer accept your Order and the Contract will be cancelled.

7.6 If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, unexpected limits on our resources which we could not reasonably plan for, we have identified an error in the price or description of the Product or we are unable to meet a delivery deadline you have specified. If you have already paid for the Product, we will refund you the full amount as soon as possible, via the same method in which your payment was made.

7.7 Your Order number. We will assign an Order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us your Order number whenever you contact us about your Order. Orders placed on line can be reviewed in the My Account area of the relevant website by logging into your account.

7.8 Your copy. You should print a copy of these Terms or save them to your computer for future reference.

8. Manufacturer’s Guarantees

Products with manufacturer’s guarantees. Some of the Products we sell to you come with a manufacturer’s guarantee which we will endeavour to transfer the benefit of to you. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.

9. Our warranty for Products

9.1 We provide a warranty that on delivery, the Products shall:
(a) subject to paragraph 4 (and in particular subject to Paragraph 4.5 in relation to Perishable Products) conform with their description;
(b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(c) in conformity with any specification supplied by you to us or as agreed by us in writing.

9.2 Subject to paragraph 9.3, if you give us notice as required by paragraph 10.2 that the Products do not comply with the warranty set out in paragraph 9.1 we will, at our option, repair or replace the defective Products, or refund the price of the defective Products in full (or in part if all the Products are not defective) less any delivery charges if relevant. We may at our discretion require you to pay any delivery charges or costs associated with providing you with replacement Products.

9.3 We will not be liable for breach of the warranty set out in clause 9.1 if:
(a) We comply with paragraph 9.2;
(b) you make any further use of the Products after giving notice to us under clause 10.2;
(c) the defect arises as a result of you failing to follow any instructions from us (written or otherwise) as to the storage, installation, commissioning, use of such Products or (if no instructions were given) failed to comply with the Product trade practice (such as, but not limited to, failing to follow normal standards in the preparation of soil and the laying, management and maintenance of Perishable Products);
(d) you alter or repair the Products without our written consent;
(e) the defect arises from us following any specification provided by you;
(f) the defect arises as a result of fair wear and tear or your misuse, wilful damage, negligence, abnormal storage or working conditions; or
(g) the Products differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

9.4 We will only be liable to you for the Products’ failure to comply with the warranty set out in paragraph 9.1 to the extent set out in this paragraph 9.

9.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

9.6 These Terms also apply to any repaired or replacement Products supplied by us to you.

10. What to do if there is a problem with Products.

10.1 In the unlikely event that you receive defective or mis-described Products or a fault develops with Products you order from us, you have any questions or complaints about the Products(s) or are unhappy about any aspect of our service, please contact us. You can telephone our customer service team at 01832 777111 or write to us at [email protected] or Harrowden Turf Limited, Colpmans Farm, Islip, Kettering, Northamptonshire NN14 3LT.

10.2 Notification of Defects. You should carefully inspect Products immediately upon delivery. We will be discharged from all liability for a breach of warranty and you shall have no claim in respect of breach of warranty unless:
(a) You notify us of your rejection of, claim or complaint about the Products (and if the defect is as a result of damage in transit) to the carrier by telephone immediately upon discovery and in any event before 9:00am on the next working day following collection or delivery of the Products. All such notifications must also be promptly confirmed in writing;
(b) You afford us a reasonable opportunity after receiving notice under (a) to examine the products, provided that they shall have been properly stored during the period after their delivery and the identity of the Products cannot be contested;
(c) You provide at your own expense and in a timely manner, photographs and other information as we may request to assess the veracity of any claim, complaint or breach; or
(d) If requested by us, you return the Products to our business address at your own expense for inspection to take place there.
If you are able to prove that it was not possible for you to give us notice within the appropriate period of time but notice was given within a reasonable time we will waive the time limit in (a) above.

10.3 If we deliver Products late. You have legal rights if we deliver any Product late. If we miss the delivery deadline for any Product which is not due to an Event Beyond Our Control (see paragraphs 6.2 and 6.3) then you may treat the Contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the Products; or
(b) delivery within the delivery deadline was essential, accounting for all of the relevant circumstances); and
(c) you told us before we accepted your Order that delivery within the delivery deadline was essential.

10.4 Late delivery of Perishable Products. Notwithstanding the fact that Perishable Products may have been delivered late, they may still be is a satisfactory condition if laid immediately upon delivery. Please see paragraph 10.6 for further information if you decide to return Perishable Products because of late delivery.

10.5 Setting a new deadline for delivery. If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under paragraph 10.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.

10.6 Ending the Contract for late delivery. If you do choose to treat the Contract as at an end for late delivery under paragraph 10.3, you can cancel your Order for any Products that have been delivered (with the exception of Perishable Products and Products made to Order). If you wish, you can reject or cancel the Order for some of the Products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and delivery.

10.7 Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of Products, 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 7 days and we will refund any sums you have paid in advance for Products in respect of the period after you end the Contract.

11. Your Right to Make Changes
If you wish to make a change to the Products 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 Products, the timing of supply or anything else which would be relevant 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 paragraph 12)

12. Your Right to End the Contract

12.1 You may cancel the Contract and receive a refund, if you notify us as set out in clause 12.3 of your decision to cancel the Contract.

12.2 However, this cancellation right does not apply in the case of:
(a) Perishable Products; or
(b) Products made to order.

12.3 To cancel the Contract, you can also email us at c[email protected] or contact our Customer Services team by telephone on 01832 777111 or by post to Harrowden Turf Limited, Colpmans Farm, Islip, Kettering, Northamptonshire NN14 3LT. If you are emailing us or writing to us please include details of your Order number to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.

12.4 If you have returned the Products to us under this clause 12 because they are faulty or mis-described, we will refund the price of the Products on the credit card or debit card used by you to pay in accordance with paragraph 9.2.

12.5 If Products have been delivered to you before you decide to cancel the Contract then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either post them back, return them in person or ask us to arrange collection at your own expense. If we have agreed to collect the Products from you, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection.

13. Our Rights to Make Changes

13.1 Minor changes to Products. We may change Products:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the Products.

13.2 Changes to these Terms. 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 our websites. Any changes will take effect 7 days after the date of our email or the date on which we post the modified Terms on our websites, whichever is the earlier. If you continue to use our website(s) after that period has expired, it means that you accept any such changes.

13.3 More significant changes to the Products and these Terms. In addition, as we informed you in the description of the Products on our websites, we may make changes to these Terms or more significant changes to the Products. If we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Products paid for but not received.

14. Our Rights to Suspend Supply of Products

14.1 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of the Products to:
(a) deal with technical problems or make minor technical changes;
(b) due to Events Outside of our Control, such as weather meaning we are unable to harvest Perishable Products;
(c) update Products to reflect changes in relevant laws and regulatory requirements; or
(d) make changes to Products as requested by you or notified by us to you (see paragraph 13).

14.2 Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of Products, 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 Products in respect of the period after you end the Contract.

14.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the Products on our websites. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

15. Termination

15.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Products to you, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products (see paragraph 14.3); or
(d) you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
(e) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(f) your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

15.2 You may be required to compensate us if you break the Contract. If we end the Contract in the situations set out in paragraph 15.1 we will refund any money you have paid in advance for Products we have not provided (with the exception of Perishable Products or Products made to your Order) but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract. As such we may resell part of, or all the Products and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Products or charge you for any shortfall below the price of the Products.

15.3 We may withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 7 days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.

15.4 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.

15.5 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

16. Our Liability

Your attention is particularly drawn to this paragraph

16.1 References to liability in this clause 16 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

16.2 We will only supply the Products for internal use by your business, and you agree not to use the Products for any resale purposes.

16.3 We shall have no liability for Latent Defects.

16.4 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) any other liability that cannot be limited or excluded by law.

16.5 Subject to clause 16.4, we will under no circumstances be liable to you for:
(a) any loss of profits, sales, business, or revenue;
(b) loss of business opportunity;
(c) loss of anticipated savings;
(d) loss of goodwill; or
(e) any indirect or consequential loss.

16.6 If we fail to deliver the Products, our liability is limited to the cost of obtaining replacement Products of a similar description and quality in the cheapest market available, less the price of the Products. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of Products.

16.7 Subject to clause 16.4, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed 100% of the price of the Products.

16.8 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 Products are suitable for your purposes.

17. Events Outside Our Control

17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

17.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

17.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact our customer service team at 01832 777111 or email [email protected] If you opt to cancel, you will have to return (at our cost) any Products you have already received and we will refund the price you have paid, including any delivery charges.

18. Communications between us

18.1 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.

18.2 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.

18.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

18.4 The provisions of this paragraph 18 shall not apply to the service of any proceedings or other documents in any legal action.

19. General

19.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

19.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

19.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

19.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

19.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

19.6 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.

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