Turffit Ltd trading terms and conditions.
In these conditions of sale:
The company means Turffit Ltd trading as Turffit. Registered address: Levenmouth Steadings, Scotlandwell, Kinross, KY13 9JH. Company No: SC282220.
Correspondence address: Kirkness Farm, Ballingry, Fife, Scotland, KY5 0HH
The customer means any person contracting with the company for the supply of products or services.
Delivery means delivery by the company or any subcontractor employed by the company directly or indirectly.
These conditions may only be modified by a variation in writing signed on behalf of the company by a Director.
Submission of a purchase order online will be taken as agreement to these conditions of sale.
2. Supply of Products
Products are sold under the express understanding that:
1. Contracts for the supply of goods or services to retail or domestic customers are governed by The Sale of Goods Act 1979 (as amended) and supplied in compliance with, The Consumer Protection (distance selling) regulations 2000 as amended by S1689 2005. Any customers contacting in the course of their business are excluded from consumer protection legislation and are contacting with the company on a business to business basis.
2. The customer fully is made aware that turf and other natural products. We cannot guarantee that the appearance and/or colours of products shown on this site exactly reproduce the appearance and/or colours of the physical products themselves. Natural products may show some colour variations. All sizes quoted are approximate
3. The customer fully understands that turf is a perishable product, which must be properly laid on properly prepared ground with no risk to drought and adequately watered within 6 hours of delivery if conditions are dry.
4. The company require any complaint to be made in writing by the customer within 48 hours of collection or delivery. If the customer is dissatisfied with the product then it must be returned to the company within 5 working days after the complaint has been logged. A refund will then be made for the original purchase price.
5. Customers are required to pay by credit card/debit card at the time of ordering.
6. Prices quoted are all-inclusive & delivered unless otherwise stated.
7. All turf (however delivered) shall be at the customers risk from the time of collection (if so collected) or from the time of delivery. After such time the company shall be under no liability for loss or damage or deterioration of the turf from whatever cause arising.
1. The company will make every effort to deliver turf on the agreed date, but if for any reason the company is unable to deliver then no liability whether in damages or otherwise for delay of whole or any part of the goods ordered arising from any cause whatsoever.
2. Delivery by the company shall be conditional upon access free from encumbrances and good roads being available to the companys vehicles to the place of delivery.
3. The company will not accept any liability for damages to property caused during delivery.
4. If the company, or its agent cannot gain access to the delivery address then additional costs may be incurred. Deliveries are made using large vehicles and it is the customer’s responsibility to inform the company if there may be an access problem. The company will confirm the outcome by e-mail. In such cases that delivery, in the opinion of the company is not possible, then the company reserves the right to cancel the order. This above action must be completed before 2.00 pm on the day prior to delivery. E-mail confirmation of orders also request the customer to contact the company if a delivery problem may occur. Delivery vehicles use tail lift offloading, and it must be emphasized that the delivery vehicle must be able to park in an area where the delivery is to be made. A pallet truck is then used to manoeuvre the turf or other products off the tail lift to the kerbside delivery point. The customer, or somebody appointed by the customer, should be at the delivery point to accept the delivery.
5. Deliveries requested AM are to be delivered before 13:00 and PM deliveries after 12:00. Failure to meet these times will result in a refund for the extra cost paid for AM or PM. The actual time of delivery must be written on the delivery note and signed for. If drop requested without signature no refund can be applied.
4. Cancellation/Returns Policy
1. The customer has the right to cancel any product or services except perishable goods are listed in sub point 4 below. Any cancellation must be made within 7 days from the date of the order being placed.
2. Cancellations are not accepted by telephone and must be by one of the following methods:
a. Electronic Mail to email@example.com
b. Fax to 01592 869 111
c. Letter to Levenmouth Steadings,Scotlandwell, Kinross KY13 9JH. Letters will be have been deemed to be received two working days following the postmark date.
3. Customers are required to return the goods, at their own expense, to Levenmouth Steadings,Scotlandwell, Kinross KY13 9JH. within 7 working days of delivery.
4. Perishable goods are Turf, Shrubs, Living Plants and Cut Christmas Trees. All other goods are non-perishable
5. Perishable goods are excluded from cancellation under The Consumer Protection (distance selling) regulations 2000 as amended by S1689, 2005.
5. Order amendments
Any order amendments must be made before goods are despatched, despatch may be up to two working days prior to delivery. A unique amendment reference will be returned with your amendment confirmation email; this will be needed in any further correspondence or dispute. We are unable to amend orders after despatch.
6. Company’s Premises
1. The customer will at all times be responsible for the security and insurance of their equipment.
2. The customer will comply with all requirements of Health & Safety Legislation
3. Delivery will be made on a kerb side delivery basis and will be the customer’s responsibility to move the turf from the place of delivery to the area of turf laying.
4. The company accepts no responsibility for injury or damage caused to persons or equipment whilst on company premises.
7. Working Days
Working days are Monday, Tuesday, Wednesday, Thursday and Friday. Saturday and Sunday are not working days.
These conditions and any contract or variation are governed by the law of Scotland. Any disputes arising from these conditions or any contract or variation entered into by the company with the customer which cannot be settled in the ordinary course of business shall be referred to a single arbitrator in accordance with the arbitration act 1950 or any modification thereof for the time being in force.
This policy does not affect your statutory rights.
Turffit Ltd website terms and conditions
1.1 This website (“our Site”) promotes the business referred to on it. In these conditions, the business will be referred to as ‘we’ and/or ’our’.
2. Accessing our Site
2.1 We cannot guarantee that our Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of our Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt our Site or any computer system, server, router or any other internet-connected device.
2.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Site and is compatible with our Site. You also understand that we cannot and do not guarantee or warrant that any content on our Site will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
2.4 We reserve the right, in our discretion, to withdraw, suspend or modify our Site or certain features or parts of our Site with or without notice to you, where we have reason to do so. There may also be times when our Site or certain features or parts of our Site become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of our Site or any service available on or through our Site.
3. Using our Site
3.1 You must use our Site and the information available from our Site responsibly. No such information may be used for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.
3.2 You cannot use our Site:
a. for any unlawful purpose;
b. to send spam;
c. to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;
d. to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
e. to tamper with, update or change any part of our Site;
f. in a way that affects how it is run;
g. in a way that imposes an unreasonable or disproportionably large burden on us or our suppliers’ communications and technical systems as determined by us; or
h. using any automated means to monitor or copy our Site or its content, or to interfere with or attempt to interfere with how our Site works.
4. Intellectual property rights
5. If you provide content for our Site
5.1 If you provide any material to our Site (for example, by providing ratings and reviews, comments, articles or uploading any other content in any format (including video) (each “User Content”) you agree to grant us permission, irrevocably and free of charge, to use the User Content (including adapting it for operational or editorial reasons) in any media worldwide, for our own marketing, research and promotional activities and our internal business purposes which may include providing the User Content to selected third party partners, service providers, social media and networking sites.
5.2 You own your User Content at all times, and you continue to have the right to use it in any way you choose.
5.3 By providing any User Content to our Site you confirm that such User Content:
b. will not contain or promote anything illegal, harmful, misleading, abusive, defamatory (that is, it does not damage someone’s good reputation) or anything else that might cause widespread offence or bring us or our business partners into disrepute;
c. does not take away or affect any other person’s privacy rights, contract rights or any other rights;
d. does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of our Site;
e. will, if used to promote your own business or services, clearly and openly state your association with the particular business expressly; and
f. will not contain any form of mass-mailing or spam.
5.4 If you do not want to grant us the permissions set out above, please do not provide any material to our Site.
5.5 We have no obligation to publish your User Content on our Site and we retain the right to remove any User Content at any time and for any reason.
5.6 We do not edit, pre-vet or review any User Content displayed on our Site. If you believe that any User Content does not comply with the requirements set out in this paragraph, please notify us immediately. We will then review the User Content and, where we deem it appropriate, remove it within a reasonable time.
6. Our liability
6.1 Although we hope our Site will be of interest to users, we accept no liability and offer no warranties or conditions in relation to our Site or its content, to the fullest extent such liability can be excluded by law.
6.2 There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured because of our negligence or because we have committed fraud.
6.3 Under no circumstances will we, the owner or operator of our Site, or any other organisation involved in creating, producing, maintaining or distributing our Site be liable, whether in contract, tort (including negligence), breach of a statutory duty, even if foreseeable, for any loss of:
a. profits, sales, business, or revenue;
b. business interruption;
c. anticipated savings;
d. business opportunity, goodwill or reputation;
e. use of, or corruption to information; or
6.4 If we do not keep to these conditions, then we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:
a. use of, or inability to use, our Site;
b. use of or reliance on any content displayed on our Site; any mistake, fault, failure to do something, missing information, or virus on our Site or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
c. theft, destruction of information or someone getting access to our records, programs or services without our permission; or
d. goods, products, services or information received through or advertised on any website which we link to from our Site.
7.1 Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.
7.2 Any formal legal notices should be sent to us using the details set out on our Site.
8. Governing Law and Jurisdiction
8.1 These conditions make up the whole agreement between you and us in how you use our Site. If a court decides that a condition is not valid, the rest of the conditions will still apply.
8.2. The laws of England and Wales apply to your use of our Site and these conditions. We control our Site from within the United Kingdom. However, you can get access to our Site from other places around the world. Although, these places may have different laws from the laws of England and Wales, by using our Site you agree that the laws of England and Wales will apply to everything relating to you using our Site and you agree to keep to these laws. We have the right to take you to court in the country you live in.
9. How to contact us
9.1 If you experience problems with our Site or would like to comment on it, please feel free to contact us by using the details set out on our Site.