Terms & Conditions – General

This website is owned and operated by Flintshire Turf and Topsoil (otherwise referred to as ‘company’, ‘we’, ‘our’ or ‘us’)
Address
Transport Yard, Old Aston Hill. Ewloe. Flintshire, CH5 3AH 01244 532143

These terms and conditions apply to your use of this website, including any orders that you place. Please read these terms carefully before using this website. Using this website indicates that you fully accept these terms. If you do not accept these terms, do not use this website.
These terms and conditions do not affect your statutory rights.

Privacy
Other than personally identifiable information, which is covered under the Flintshire Turf and Topsoil’s Privacy Policy in these Terms and Conditions, any material you transmit or post to the website shall be considered non-confidential or non-proprietary.
We shall have no obligation with respect to such material. We and our designers shall be free to copy, disclose, incorporate and otherwise use such material and all data, images, text and other content embodied therein for any and all commercial or non-commercial purposes.

Access to the Flintshire Turf and Topsoil Website
We will try to ensure that the Flintshire Turf and Topsoil website is available 100% of the time for you. However, we shall not be liable if this website is unavailable at any time and for any period, irrespective of the reason.

Copyright and Database Rights
Unless otherwise stated, the copyrights and other intellectual property rights for all material on this website are owned by Flintshire Turf and Topsoil. You may download and print extracts from this website for your personal, non-commercial use. Any use of extracts of this website for any other purpose is prohibited.
Any rights not expressly granted in these terms are reserved.

Payment
Flintshire Turf and Topsoil accepts Visa and Mastercard credit cards and Maestro, Delta, Visa Electron and Solo debit cards.(via website and phone orders) and cheque and cash for collection from the depot at Ewloe

Placing an Order
When you place an order through the website or via the phone, we will send an e-mail to confirm that we have received the order. All orders are subject to these Terms and Conditions.
Flintshire Turf and Topsoil cannot accept an order until payment is received in full for all products and any related delivery charges.
Orders placed through the website represent an offer to purchase a product. It is accepted for each product when we send you an e-mail to confirm that the order has been received. We reserve the right to reject any order for any reason.
The customer must be fully aware that Turf is a perishable product and must be laid and watered (if required) within 12 hours of delivery. All products 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 product from whatever cause arising.
All orders are subject to stock availability. If we are unable to supply any products that you have ordered we will inform you as soon as possible. In the event that an out-of-stock product is part of an order and we cannot contact you, we will send what products we have in stock, refunding the purchase price of any unavailable product where payment has already been made.

General Delivery Terms (applicable to ALL orders)
These General Delivery Terms apply to all orders, in addition to the specific terms set out underneath them.

All orders are subject to product availability.
Depending on your delivery postcode and which products you order, delivery charges may apply.
Flintshire Turf and Topsoil delivers to the North Wales Area, Cheshire and The Wirral.
It is your responsibility to ensure that we can deliver to your address. We are not responsible for any failure to deliver to addresses that cannot be accessed.
All delivery times and dates are estimates. We will try our best to meet the delivery estimates we have given you but shall not be responsible for any failure to deliver ordered products within these stated time frames. We will let you know if we cannot deliver your products within 7 days of when we receive payment from you, and give you the opportunity to either wait for the products or cancel your order. If you choose to cancel your order we will give you a full refund.
All products 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 product from whatever cause arising.
We strongly recommend that you have the lawn area prepared before you order any turf.
We are not able to process orders or deliver on Sundays.
All orders will be delivered to a single address. For security reasons your first order using a credit/debit card for the first time when placed online or by phone will need to be delivered to the cardholder’s address. Subsequent orders can then be made to an alternative address.
We will always endeavour to make one single delivery to you wherever possible to minimise any inconvenience. This means that when your order contains a mix of products with different delivery lead times, the longest lead time will apply to the whole order. All deliveries must be received and signed for by a person over the age of 18. If no-one is available to take the delivery, we will leave details at the address to rearrange delivery. We may need to make an additional handling charge for redelivery. Should no-one be available to take the redelivery we cannot refund your money if the product trying to be delivered is turf as this is a perishable product otherwise we may cancel the order and refund your money, excluding any delivery charges.
Due to insurance guidelines, delivery personnel are unable to enter private residences. Delivery will be to the kerbside of the delivery address. The recipient of the products is responsible for any additional lifting once the delivery has been made. The company will not accept any liability for damages to property caused during delivery.
Please ensure you provide your telephone number and e-mail address when you place your order.
Where our next-day delivery service is available, it applies to ‘standard’ products that are ordered Monday – Thursday before 12pm.
For orders placed on a Friday before 12pm, we will try to deliver ‘standard’ products the following day but can’t guarantee and it will therefore be delivered on the Monday.
For orders placed between 12pm on a Friday and 6pm on a Sunday, we will try to deliver ‘standard’ products the following Tuesday.

Delivery Terms for orders placed over the phone (in addition to the General Delivery Terms above)

Normal Delivery
At the time you place your order we will arrange and confirm a suitable delivery date with you on the phone. Your delivery date will depend on your delivery postcode and the lead time for the product ordered, which you will be informed of by our Flintshire Turf and Topsoil Sales Assistant.
Next-day delivery
Whether we can offer our next-day delivery service to you will depend on your delivery postcode and the lead time for the product. Our Flintshire Turf and Topsoil Sales Assistant will inform you of this at the time you place your order.

Pricing
Our site contains a large number of products, and it is always possible that, despite our best efforts, some of the products listed 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 site, we will at our discretion either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
All prices are subject to change without prior notice.
We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an order confirmation e-mail.

Guarantees
We provide guarantees on many of our products. The guarantee does not affect your statutory rights.

Cancellations
Orders placed for turf must be cancelled within 3 days of delivery as it is perishable and cut to order. You may cancel other orders at any time before they are dispatched to you. We will only accept cancellation via email, so please email info@flintshireturf.co.uk to arrange your cancellation, please provide us with your name, order number, postcode and contact telephone number.Perishable products such as turf and shrubs are excluded from cancellation under The Consumer Protection regulations 2000 as amended by S1689, 2005. But we are happy for our customers to cancel as long as we are given 3 days notice of cancellation via email to our email address info@flintshireturf.co.uk

Returns and Refunds
You may return a product for any reason within 30 days from the date of delivery, except for turf and we promise to give you a refund, excluding any delivery charges, unless you cancel your order within 7 days following the date of delivery of the product, in which case we will also refund the delivery charges. With regards to turf we have to be notified within 48 hours.
In the unlikely event that a product is faulty or it has been damaged during delivery, we will exchange the product or provide you with a full refund. Notification of any defect must be made within 7 days of the product being delivered to you. (this does not include perishable products such as turf or shrubs, these have to be notified within 48 hours)
We reserve the right to inspect all returned products prior to agreeing to any part-refund, full refund or product exchange.

Products can be returned to our office, with proof of purchase. Alternatively, collection of the product can be arranged through our nominated carrier, where the cost of the return will be at your expense. We require the return of the products within 5 working days of the refund request being made.

To arrange collection of products for return, send an e-mail to info@flintshireturf.co.uk including your order number, postcode, contact telephone number and details of the product to be returned, making sure to include the reason for the return.
Please note that turf may not be returned unless it is faulty. (Turf must be laid within 12 hours of delivery)

All refunds will be made within 30 days of notification to the account originally used to purchase the product.

Links to other websites
The Flintshire Turf and Topsoil website may include links to the websites of other companies or organisations. This is for your convenience. If you use these links you will leave this website. Flintshire Turf and Topsoil is not responsible for the content of third-party websites. No endorsement, assumed or actual, is implied through the inclusion of these links.
If you do access any third-party websites linked to this website you do so at your own risk.

Disclaimer
The information contained on this website is for general guidance only. Flintshire Turf and Topsoil makes every effort to ensure that the information and advice on this website is accurate, it is not comprehensive. Accordingly, the information and advice offered on this website should not be relied upon, and expert advice should be sought from an appropriate professional.
Flintshire Turf and Topsoil reserves the right to change or update any website content, prices or products at any time without prior notice.
The material on the Flintshire Turf and Topsoil website is provided ‘as is’, without any conditions, warranties or other terms of any kind. To the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have an effect in relation to this website.
All sizes quoted are approximate. Imagery used on the website is for illustrative purposes only. The colour and appearance of actual products may differ from those items shown on this website.

Liability
Save for the remedies set out in our Refunds and Returns section (above) and to the extent permitted by law, we, any other party (whether or not involved in creating, producing, maintaining or delivering this website), exclude all liability and responsibility from any amount or kind of loss or damage arising out of or in connection with your use of this website.
This does not include or limit in any way our liability:
a) for death or personal injury caused by our negligence;
b) for fraud or fraudulent misrepresentation; or
c) for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
In the event that we are held responsible for any loss or damage, our aggregate liability shall in any event be limited to a sum equal to the amount paid by you in respect of the product or, in the event that liability does not relate to the purchase of a product, our liability shall be limited to £1,000.
We accept no liability for any loss of income or revenue, loss of business, loss of profit or contracts, loss of anticipated savings, loss of data, waste of management or office time, or for any indirect or consequential loss or damage of any kind whatsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
We will not be liable to you where we are unable to perform our obligations due to matters outside our control.

General
We reserve the right to make changes to these terms and conditions in the future. Any changes will be posted to the site and will take effect immediately. You should, therefore, read the terms and conditions each time you access this website.
The material and information contained in this website is not aimed at, or meant to be viewed by, persons other than those in the United Kingdom. Any person who chooses to access this website from other locations is responsible for compliance with applicable local laws.
The website, its contents and any contracts formed as a result of its use shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.

These terms and conditions do not affect your statutory rights.