Terms & Conditions

Price, Tax and Payment

Prices shown for goods exclude postage and packaging unless specifically stated. The charge for postage and packaging is shown in the Checkout before you are asked to confirm your order. The price you pay will include VAT.

Creases

Due to the nature of Artificial Grass it may flatten or crease when rolled, this is not a fault with the grass. Creases will fall out within three months of the grass being installed. The grass is not faulty if delivered with creases. The creases improve quite noticeably on a daily basis and with use.

Colour

We send out the grass from the same batch to ensure there are no slight colour differences. Therefore, please be aware if you want to add more grass to an area at a later date there may be a slight colouration variation. We would suggest you make the decision now and order all the grass from the same batch. We cannot be liable for any variations in the colour for the same product if ordered separately. The colour of goods may vary slightly from that shown on the website due to limitations of browser software and monitors.

Guarantee

All grasses we supply and install come with a seven year manufacturer's guarantee, this does not cover the curling and crushing that naturally occurs with continued use.

Title

Title in the goods shall not pass to the Buyer until the Supplier has been paid in full for the goods.

Suitability

The backing of the grass is designed to withstand normal heavy loads, Garden furniture can be placed on the grass but we would advise that you spread the load as evenly as possible.

Force Majeure

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations. Time is not the essence of any contract.

Jurisdiction

The Contract will be governed by the laws of England and Wales and the parties to the Contract submit to the jurisdiction of the English Courts.

Liability

The Buyer shall inspect the goods immediately upon delivery; the Seller shall not be liable to the Buyer:

- For non-delivery unless a written claim is received by the Seller within seven days of the delivery date given.

- For the shortages in quantity delivered in excess of those permitted by condition. Unless the Buyer notifies the Seller of short delivery within seven days of receipt of the goods.

- For the damage of the goods in transit unless the Buyer shall notify the Seller of any such claim within seven days of receipt.

- For the defects in the goods caused by fair wear and tear, abnormal or unsuitable conditions of storage or use if any act, neglect or default of the Buyer or of any third party.

- For other defects in the goods unless notified to the Seller within seven days of receipt of the goods by the Buyer or where the defect would not be apparent on reasonable inspection within three months of the delivery.

Where liability is accepted by the Seller, the Sellers only obligation shall be at its option to make good any shortage or non-delivery and/or as appropriate to replace or repair any goods found to be damaged or defective and/or to refund the costs of such goods to the Buyer, goods may not be returned without the Seller's prior written consent.

The Sellers aggregate liability to the Buyer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstance exceed the cost of the defective, damaged or undelivered goods which give rise to such liability as determined by net price invoiced to the Buyer in respect of any occurrence or series of occurrences.

The Seller shall be under no liability to the Buyer for any loss, damage or injury direct or indirect, resulting from defects in design, materials or workmanship or otherwise howsoever arising (and whether or not caused by the negligence of the Seller, its employees or agents).

The Seller shall have no liability for any indirect or consequential losses or expenses suffered by the Buyer, howsoever caused and including without limitation, loss of anticipated profits, goodwill, reputation, business receipts or contracts, or losses or expenses resulting from third party claims.

Application

These conditions alone shall govern and be incorporated in every contract for the sale of goods made by or on behalf of the Seller with any customer ("the Buyer").They shall apply in place of and prevail over any terms or conditions, (Whether or not in conflict or insistent with these Conditions), contained or referred to in any documents submitted by the Buyer. Acceptance by the Buyer of delivery of the goods shall be deemed to constitute unqualified acceptance of the conditions. If Subsequent to any conditions of sale or purchase, such contract howsoever made shall be deemed to be subject of these conditions.

Risk and Insurance

Any property of the Buyer in or under the Seller's possession or control and all property supplied to the Seller on behalf of The Buyer shall be held by the Seller at the Buyers risk. Any goods returned by the Buyer to the Seller shall be at the Buyers risk.

Title

Notwithstanding delivery and passing of risk the goods shall remain the property of the Seller until such time as the Buyer shall have paid to the seller the agreed price (together with any accrued interest) and all other amounts owed by the Buyer to the Seller.

Registration

You warrant that: the personal information which you are required to provide when you register as a Buyer is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to the personal information. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Consumer Contracts Regulations 2013

This legislation offers you the following cancellation rights when you buy online or by phone:

• You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.

• Your right to return products does not apply to goods made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

• If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.

• To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.

• You can cancel by email

• If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the original cost of delivery.

• We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

Description of Products

Each product purchased is sold subject to its product description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy.

Order Errors

If your order confirmation contains any errors you must immediately advise us by telephone or email. We will do our best to amend these for you; however, in the case of same day despatch this may not always be possible. Once you have received a tracking notification email no changes what so ever are possible and you will become liable for cancellation and return charges as outlined below. We reserve the right to refuse or cancel any order at any time prior to completed delivery, without being liable for any damages or costs incurred.

Delivery Times and Delivery Delays

We are unable to give a precise delivery times unless it has been agreed in advance. Our standard delivery time is 2 to 3 working days any time between the hours of 8am and 8pm.

We will not entertain any claim for compensation because of a late delivery, which is handled by a third party carrier and is out of our control. We cannot accept any liability for time or economic loss as a result of, but not limited to; advanced installation bookings, employment holiday, event delay and alike.

We will however refund any additional delivery upgrade charge that you may have purchased and the carrier has not been able to achieve, this however will be the limit of any claim. Although we will make every effort to amend mistaken delivery addresses after the order has been placed, we cannot be held responsible for late deliveries if the customer has specified the incorrect address or postcode during checkout. If the order must then be forwarded to a new address, a charge for re-delivery will apply and we also reserve the right to deduct any such charge from any refund given should the order be subsequently cancelled.

We may send you an email containing a link to the delivery carriers tracking system. The information on their system is a guide to the progress of your delivery. Due to this information being out of our control we cannot be held accountable for any arrangement you make based on information you have received. Special instructions passed directly by yourself to the 3rd party carrier are treated as a non-guaranteed requests and are carried out at the carrier’s own discretion

Your Delivery

3rd party carriers complete all our standard delivery services on a 1-man service. On some heavy items the driver may often require assistance unloading your order. If you are unable to assist for any reason you must advise us of this before your order is despatched. Due to the size of some delivery vehicles, as a guide the largest would be a 7.5 ton lorry (usually able to go anywhere where your council bin lorry can access), any carriers delivering on our behalf must be informed of any restrictions regarding access. This includes (but is not limited to); steps, any overhanging/low trees/shrubs, steep driveways, narrow lanes, tight bends or any other restrictions that may make it difficult for the delivering vehicle to gain access to the point of delivery. Upon delivery it will be necessary for the driver to obtain a signature. Drivers are allocated a maximum of 15 minutes to off load and obtain a signature.

We will not accept any claims for compensation arising from non/failed/refused/delayed/returned deliveries by either yourself or the carrier on the basis of being unable to unload to an agreeable location within a 15 minute time scale or are prevented from do so by access restrictions. Re-delivery or cancellations charges will be applicable when your order is finally delivered or returned to us.

Most carriers’ deliver to the curb side immediately adjacent to their vehicle, the driver is not permitted to enter your premises. (The handling of the artificial grass is heavy & the roll cannot be bent, it may be easier to leave it outside until ready to be fitted) This is the case especially if you live in a block of flats or offices, the carriers will only deliver to the ground floor entrance.

Damages in Transit

As damages can occur in transit and issues can arise to prevent the delivery that are out of our control, we cannot accept any liability for time or financial loss as a result of, for example but not limited to; advanced fitter booking, employment holiday etc. These provisions made are by your choice and at your discretion, but do not affect your statutory rights.

If the order you receive has any damage on the exterior packaging you must check the contents and list the damage on the driver's delivery note, if the words 'goods delivered in good condition' are on the delivery form next to your signature they need to be crossed out. If you are at all worried about the goods being damaged, you must sign for the goods as ‘Damaged’ on receipt ore refuse delivery. Any damage must be reported to us within 24 hours of signing. If someone else is signing on your behalf they must be made aware of the above. If the roll is damaged and you have failed to make any attempt to list this on the delivery note, neither we, nor the carrier can be held responsible.

Delivery photography

If one of our Customer Delivery Partners attempts to deliver an order to your address and finds there is no one available to receive it, we reserve the right to take a photograph of the outside of the property to assure you that we were in the right geographical location to fulfil your order, and confirm we had located the correct address. We can assure you that this photograph won't be published or circulated, or used for any other purpose other than verification, and that it's held securely in compliance with Data Protection legislation

Your Acceptance of Material Supplied

We reserve the right to over supply each cut length by up to 1m. However will follow the guidance of BS 3655 (roll materials tolerance of +/- 1.25%) with regard to shortage claims. We would always advise customers to take this into account when deciding on the measurements to purchase. We cannot be held responsible for orders that are too short within these British Standard tolerances. Our cutting machines are fully automated however errors of a size or material type nature may occur if mis-programmed by the operator. We will investigate a claim for an error as soon as we are advised; this will involve confirming the data entered by the operator and also an item weight check obtained from the delivery carrier.

You will need to supply us with photographic evidence for all claims in relation to errors in material type supplied. If we are in agreement that an error has taken place we will replace the item/s. We reserve the right for us to collect the original item/s before a replacement is despatched in all cases where it is unclear to us how the error occurred. You must co-operate and make yourself available for collections (which may be on a different day than the replacement is received) of any item/s that needs returning to us. If the courier is unable to collect for any reason the uncollected item/s will be deemed as an outstanding debt at the full retail price, you will also be liable for all further costs involved in collecting and transporting of the return back to us.

Installation

If you are arranging an independent fitter or as the fitting company you are ordering goods to install, we suggest that you do not schedule any installation work until a few days after receiving the delivery. This will enable you to check the goods and resolve any technical issues. Please take a moment to check the details on the order confirmation, to ensure the correct products have been ordered and that the delivery address and other details are as you requested. If you have a query about your order, or a general enquiry about the products and services we provide, please contact us on 01689 871777 or info@theartificialgrassstore.co.uk.

IMPORTANT
You must ensure that both you and/or your nominated installer are fully aware of the following:

ONCE YOU OR YOUR INSTALLER CUT THE MATERIAL YOU ACCEPT IT &AND OWN IT.

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material including terms & conditions text or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by The Artificial Grass Store or our licensors. You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Compliance with Law

The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.

Limitation of Liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. Any advice implied or given contained within the website is given in good faith, it must not, however, be used as a definitive guide to an installation method, you must ensure you seek confirmation that any items ordered are suitable. The website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

Any loss of goodwill or reputation; or

Any special or indirect losses

Suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions.

Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Installation

If the temperature drops it is possible the grass may shrink. The grass may contract if it is laid during the day when the temperatures are between 20 to 25 degrees Celsius and it cools to 17 degrees Celsius in the evening.

Consumer Rights

None of the above Terms and Conditions affects your statutory consumer rights.