Terms & Conditions
1 – INTERPRETATION
In these conditions the following words have the following
meanings;
“Buyer” means the party which agrees to purchase the
products from Go Turf subject to these Conditions.
“Conditions” means the terms and conditions of sale set out
in this document.
“Products” means the products which Go Turf is to supply to
the Buyer in accordance with these Conditions.
“Order” means your offer to purchase products from Go Turf.
“Website” means www.goturf.co.uk
“Go Turf” means AJP Logistics Ltd whose registered office is
at 5 Spring Gardens, Harwood, Bolton, Lancashire, BL2 3LU.
Any agreement between you and Go Turf is made on these
Conditions to the exclusion of all other conditions. By placing your Order, you
confirm that you agree to these Conditions.
2 – PLACING AN ORDER
Placing an Order via our website:-
(1)
Browse the website and select then Order your
chosen Products.
(2)
After placing your Order, you will receive an
email confirming the details of the Products ordered. Please note that this
does not mean that your Order has been accepted. Your Order constitutes an
offer to us to buy a Product. All Orders are subject to availability and
acceptance by us, and we will confirm such acceptance to you by sending you an
email that confirms the Product has been dispatched (the “Dispatch
Confirmation”). The Contract between us (“Contract”) will only be formed when
we send you the Dispatch Confirmation.
Placing an Order via telephone:-
(1)
Telephone 0161 327 0507 to request a Quotation
for Products.
(2)
Delivery information (dates, options and
charges) is available when you request your Quotation.
(3)
An agreement will be formed immediately from
when we receive your verbal instructions to place an Order and we then confirm
acceptance of your Order.
Placing an Order via email:-
(1)
Email sales@goturf.co.uk to request a Quotation
for Products.
(2)
Delivery information (dates, options and
charges) will be confirmed to you via return email from sales@goturf.co.uk
(3)
Email sales@goturf.co.uk to confirm you
wish to place an Order.
(4)
An agreement will be formed immediately, when
you receive an email from sales@goturf.co.uk confirming the
Products you have ordered and acceptance of your Order.
We are entitled to refuse any Order made by you for any
reason.
3 – YOUR STATUS
By placing an Order you confirm that:-
(1)
You are legally capable of entering into a
binding Contract.
(2)
You are at least 18 years of age.
(3)
You are resident in the United Kingdom.
4 – PRICE AND PAYMENT
(1)
Unless otherwise stated, the price is exclusive
of any delivery charge.
(2)
Unless otherwise stated, the price is exclusive
of VAT.
(3)
Prices are subject to change without notice, but
changes will not affect orders which we have already accepted.
(4)
Quotations are given without commitment. All
orders are subject to availability. Quotations are subject to alteration and/or
withdrawal by us provided that notification of the alteration and/or withdrawal
will be given to you.
(5)
Unless we agree otherwise in writing our terms
of payment are cash on collection or full payment prior to delivery.
(6)
We will not process your Order until payment has
been received in full.
(7)
When making a request you undertake that all
details you provide to us requesting goods or services are true and accurate,
that you are an authorised user of the credit or debit card used to make your
request and that there are sufficient funds to cover the cost of the goods and
services. It is your responsibility to inform us of any changes to these
details as soon as possible.
(8)
We reserve the right at any time to charge
interest on a day to day basis (at an annual rate of 4% over the sterling base
rate from time to time of Barclays Bank PLC) from the due date on late payments
and as well as after and before any judgement.
(9) Our website contains a number of Products and it is always possible
that, despite our best efforts, some of the Products listed on our site may be
incorrectly priced. We will normally verify prices as part of our dispatch
procedures so that, where a Product's correct price is less than our stated
price, we will charge the lower amount when dispatching the Product to you. If
a Product’s correct price is higher than the price stated on our website, we
will normally, at our discretion, either contact you for instructions before
dispatching the Product, or reject your order and notify you of such rejection.
(10) We are under no obligation to provide the Product to you at the
incorrect (lower) price, even after we have sent you a Dispatch Confirmation,
if the pricing error is obvious and unmistakable and could have reasonably been
recognised by you as a miss-pricing.
(11) Payment for all Products must be by credit or debit card, or BACS. We
accept payment with VISA, VISA DEBIT, MASTERCARD, SOLO, MAESTRO and ELECTRON.
5 – SPECIFICATIONS
(1)
Unless specifically agreed in writing by Go
Turf, the selection and choice of any Product and the assessment of the
Product’s suitability and fitness for your purpose is your sole responsibility.
(2)
Any specifications, formulations, data, literature
and statements as to seed content, suitability, performance or otherwise,
issued and descriptions given by us in connection with Products are offered in
good faith but are intended to be approximate only and shall not constitute
representations nor shall they become warranties or conditions of the contract.
(3)
Any advice or assistance, given by us in any
way, in relation to the Products is given as a gesture of goodwill only and we
shall not be liable to you for any such advice or assistance and to the extent
we become liable to you or any third party you agree to indemnify us for any
losses, costs, damages etc we may suffer as a result.
(4)
Natural products are subject to some variation
in colour, size or texture. Therefore, consistency in and between orders cannot
be guaranteed.
(5)
Go Turf accepts no liability for any loss or
damage which may occur if a turf product is not rolled out immediately in
spring/summer and within 24 hours in autumn/winter.
(6)
The Buyer must understand that turf is a
perishable product. It must be adequately watered immediately after laying.
6 – AVAILABILITY, DELIVERY
AND NON-DELIVERY
(1)
Products cannot be delivered to any address
outside the UK mainland.
(2)
Go Turf cannot be held responsible if the
delivery address provided by you is incorrect.
(3)
Go Turf reserves the right to refund your
payment in the event that the Products ordered by you are unavailable.
(4)
Go Turf will make every effort to deliver the
Product on the agreed date, but if for any reason Go Turf or the nominated
Carrier is unable to deliver, then we will not be liable for any delay in
delivery, loss of use, loss of profit or any other consequential loss or
damage.
(5)
At the time of ordering, please ensure to inform us of any potential access
issues (in the local vicinity and approaches as well) which may affect delivery
to your address using a large goods vehicle. We can then do our best to try and
make special alternative arrangements. If delivery in this situation is still
not possible, we will provide a refund. If however, delivery cannot be made
because the Buyer did not make us aware of an access issue to your address, the
full cost of both the transport and the Products will be charged to the Buyer.
(6)
Go Turf will not accept any liability for damages to property caused during
delivery.
(7)
Any additional charges incurred during delivery (i.e. parking charges or
penalty charge notices) will be at the liability of the Buyer.
(8)
We offer a nationwide delivery service using both pallet distribution
networks and our own specialist haulage transport. Pallet distribution network
vehicles use a tail lift and pump truck for
off-loading. This type of delivery requires a hard standing
(tarmac/concrete/block paving) and is to the kerbside only. The driver cannot
pull the pallets of turf (or topsoil) up or down a slope due to the heavy
weight. If you would like the pallets to be positioned on your driveway, the
surface must always be a flat and hard standing with no slopes or kerbs. Upon special request
(at the time of ordering by the Buyer) we use our own specialist haulage
transport with articulated vehicles, which are equipped with their own truck mounted forklifts for
off-loading.
(9)
If you have any concerns regarding the delivery, you must contact Go Turf
at least 48 hours before the scheduled delivery. Such notice should be by email
to sales@goturf.co.uk.
(10) We shall be entitled to charge for
abortive delivery costs, storage and associated costs should you be unavailable
for or refuse or defer delivery.
7 – CANCELLATION AND
RETURNS POLICY
(1)
The customer has the right to cancel any product
or services, except perishable goods which 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 must be by one of the following
methods:
a.
E-mail to sales@goturf.co.uk
b.
Letter to Go Turf, 5 Spring Gardens, Harwood,
Bolton, Lancashire, BL2 3LU. Letters will be deemed to have been received two
working days following the postmark date.
(3)
Customers are required to return the goods, at
their own expense, to our yard at Go Turf, c/o Esprit Warehousing, Trafford
Wharf Road, Stretford, Manchester, M17 1HA, without undue delay.
(4)
Perishable goods are Turf. All other goods are
non-perishable.
(5)
Perishable goods are excluded from cancellation
under the Consumer Contracts (information, cancellation and additional charges)
Regulations, (CCICAR). This does not affect your statutory rights.
8 – ORDER AMENDMENTS
Any order amendments must be made before goods are dispatched,
dispatch may be up to three working days prior to delivery. A unique amendment
reference will be returned with your amendment confirmation email; this will be
required in any further correspondence or dispute. We are unable to amend
orders after dispatch.
9 – LIABILITY
(1)
Go Turf will not be responsible for any losses suffered
by you which were:
a.
Not foreseeable to Go Turf and you when you
purchased Products; or
b.
Not caused by any breach on the part of Go Turf;
c.
Caused by you during the unloading of the
Products (you are responsible for unloading the Products and must provide safe
access to the point of unloading).
(2)
Nothing in this Contract excludes or limits the
liability of Go Turf for fraudulent misrepresentations or death or personal
injury caused by the negligence of Go Turf or its employees.
(3)
Where Products have been used (or were intended
for use) for purposes related to your trade, business or profession the
following limitations of liability shall apply:
a.
Go Turf will not be responsible for any
consequential loss or damage including (without limitation) loss of profit,
loss of business, loss of contracts, loss of opportunity, loss or depletion of
goodwill, costs or expenses (whether arising in contract, tort, negligence,
breach of statutory duty or otherwise) that might arise.
b.
Our sole liability to you shall be either to
deliver replacement Products to your premises or refund or give credit for the
invoice price.
(4)
Please note that Go Turf accepts no liability
for any loss or damage which may occur of the Turf is not rolled out
immediately in Spring/Summer and within 24 hours in Autumn/Winter.
10 – WORKING DAYS
Working days are Monday, Tuesday, Wednesday, Thursday and
Friday. Saturday and Sunday are not working days.
11 – WAIVER
(1)
If we fail, at any time during the term of a
Contract, to insist upon strict performance of any of your obligations under
the Contract or any of these terms and conditions, or if we fail to exercise
any of the rights or remedies to which we are entitled under the Contract, this
shall not constitute a waiver of such rights or remedies and shall not relieve
you from compliance with such obligations.
(2)
A waiver by us of any default shall not
constitute a waiver of any subsequent default.
(3)
No waiver by us of any of these terms and
conditions shall be effective unless it is expressly stated to be a waiver and
is communicated to you in writing.
12 – NOTICE
These conditions and any contract or variation are governed
by the law of England. 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.
The customer will at all times be responsible for the
security and insurance of their equipment. The customer will comply with all
requirements of Health & Safety Legislation. The company accepts no
responsibility for injury or damage caused to persons or equipment whilst on
company premises.
13 – PRIVACY POLICY
Please refer to the separate Go Turf Privacy Policy document
for details of this policy, available on our website.
Go Turf is a trading name of AJP Logistics Ltd
AJP Logistics Ltd is registered in England and Wales.
Registered Office address:
5 Spring Gardens, Harwood, Bolton, Lancashire. BL2 3LU.
Company Number 07375666.
Vat Registration Number 100 9724 44.
Telephone 0161 327 0507
Website; www.goturf.co.uk /
email; sales@goturf.co.uk