G JONES GARDEN SERVICES LTD TERMS AND CONDITIONS OF SUPPLY OF GOODS AND INSTALLATION SERVICES
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Definitions. In this contract:
(a) ‘We’, ‘us’ or ‘our’ means G Jones Garden Services Ltd; and
(b) ‘You’ or ‘your’ means the person who purchases the services from us.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are G Jones Garden Services Ltd a company registered in England and Wales. Our company registration number is 07696746 and our registered office is at 9 Riverside, Waters Meeting Road, Bolton, BL1 8TU. Our registered VAT number is 712440671.
2.2 How to contact us. You can contact us by telephoning us at 0161 790 2133 or 07970 636 546 or by writing to us at 26 Everard Close, Worsley, Manchester, M28 7TY and email@example.com.
2.3 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.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Enquiry. You can make an enquiry for services with us by telephone or via our website. When making your enquiry, you should set out in detail the services required. Details you may wish to provide include the location and size of the property, the size of the garden, the type of work required and the type of grass, plants, trees, decking or similar products that are required.
3.2 Acknowledging receipt of your enquiry and site visit. We will acknowledge your enquiry either by telephone or by email and may contact you to discuss your enquiry further. We may arrange with you to visit your property to inspect the garden area in order to prepare our quotation for the services (Site Visit).
3.3 Quotation. Following our Site Visit, we will prepare a quotation for the services and send it to you either by email or first class post. The quotation will set out the required deposit (if applicable – see clause 3.6) and fee (see clause 9). Any quotation given by us before you make an order for services is not a binding offer by us to supply such services.
3.4 How we will accept your order. You may make an order for services by contacting us within 21 calendar days after the date we issue the quotation, to confirm whether you wish to order the services set out in the quotation. Our acceptance of your order will take place when we tell you that we are able to provide you with the services, which we will also confirm in writing to you, at which point a contract will come into existence between you and us.
3.5 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the services. This might be because:
(a) we cannot carry out the services (this may be because, for example, we have a shortage of staff or materials);
(b) we cannot authorise your payment;
(c) you are not allowed to buy the services from us;
(d) we are not allowed to sell the services to you;
(e) there are unexpected limits on our resources which we could not reasonably plan for; or
(f) we have identified an error in the price or description of the services.
3.6 Deposit. At the time of accepting your order and not more than 4 calendar weeks before the Start Date for the supply of the services (see clause 4.2), we will require you to pay us a deposit equivalent to 40% of the total fee for the services. The deposit will be set out in the quotation. We reserve the right to change the Start Date if we do not receive your deposit in the timeframe set out in this clause. If you cancel the services, we may retain some or all of the deposit as set out in clause 12.3.
3.7 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 the order number whenever you contact us about your order.
3.8 We only sell to certain locations in the UK. Our website, catalogue(s) and brochure(s) are solely for the promotion of our services in England, Wales and Scotland. Unfortunately, we do not accept orders from or deliver to addresses in Northern Ireland or outside the UK.
4. PROVIDING THE SERVICES
4.1 Nature of the services. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory
rights’), for example:
(a) the services are carried out with reasonable care and skill;
(b) you must pay a reasonable price for the services, and no more if you and we have not fixed a price for the services; and
(c) we must carry out the services within a reasonable time if you and we have not fixed a time for the services to be carried out.
We must provide you with services that comply with your legal rights.
4.2 When we will provide the services. We will provide the services in accordance with the specification set out in the quotation. We will agree a provisional installation date with you when we accept your order. One calendar week before the agreed provisional installation date, we will contact you to confirm the start date for the services (Start Date). We will supply the services to you from the Start Date until we have completed the services. The
estimated completion date for the services is as told to you during the order process. If you and we have agreed no time or period, this will be within a reasonable time.
4.3 Changing the Start Date. If, for any reason, you wish to change the Start Date, you must notify us no later than 48 working hours before the Start Date (Monday to Friday 9am to 5pm). If you ask us to change the Start Date:
(a) we will, where reasonably possible, agree a revised Start Date with you; or
(b) if it is not possible to agree a revised Start Date, either you or we may terminate the agreement (see clause 12 and 13).
4.4 Advanced materials. We may provide sketches, impressions, plans or similar documents in advance of us performing the services. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the services nor to guarantee specific results.
4.5 Products and materials. We will use reasonable endeavours to ensure that the products we use match those chosen by you. Given the nature of the products, plants, trees, shrubs and similar, there may be slight variations between photographs, catalogues and other materials, and the products themselves. Product packaging, where applicable, may vary. There may also be minor technical differences with certain products that will not affect your use of them. If different products are required due to non-availability, we will not supply them without consulting with you first, in advance of commencing the services. If you do not wish to accept the alternative products, you may cancel and receive a full refund of all sums paid including, where applicable, the deposit.
4.6 Risk and ownership of products. The responsibility (“risk”) for the products remains with us until they have been delivered to you at which point it will pass to you. You will own the products once we have received payment in full for the services.
5. YOUR OBLIGATIONS
5.1 Consents and other permissions. If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, you must obtain them before we begin to provide the services.
5.2 Required Information. You must co-operate with us in all matters relating to the services, provide us with such information as we may reasonably require in order to supply the services, and ensure that such information is complete and accurate in all material respects. Particularly, you should notify us of:
(a) any issues with your garden (including but not limited to drainage issues, pooling of water, pets or wildlife issues (such as foxes, moles or similar)) during the Site Visit and in advance of us providing the quotation so that we may recommend additional preventative measures or amend the installation method accordingly. We will not be liable for any loss or damage caused as a result of you failing to provide such information as we may reasonably require in order to supply the services;
(b) any appliances, electrical cables, pipes or otherwise in the installation area which may be damaged by excavation or fixings. We accept no liability for any damages caused to subterranean items such as appliances, structures, cables, pipes or otherwise if their existence and location has not previously been notified to us;
(c) the existence of any invasive plant life in your garden, including but not limited to mare’s tail, Japanese knot weed, bamboo, tree roots or otherwise, which may spread beneath the installed artificial grass, decking or otherwise and cause material changes to the installation. You accept that such invasive plant
inlife (even where treated) may have the ability to grow back through the sub-base layer, weed-block and artificial grass and we accept no liability for any loss or damage caused by invasive plant life after completion of the services; and
(d) any pets or wildlife which inhabit your garden. Whilst our artificial grass is non-toxic and pet-friendly, we do not warrant that our grass is indestructible or impervious to damage by pets or other wildlife. We are able to provide a repair service for pet or wildlife damage to artificial grass, for a fee, if you require.
5.3 Preparing the property. When we provide the services:
(a) you must ensure that we can access the property at the agreed times to provide the services;
(b) we may ask you to move or remove certain furniture, fixtures and fittings at the property before we begin work. Unless you and we specifically agree otherwise, this is your responsibility;
(c) we may instruct you to take reasonable steps to protect the property while we are performing the services. We will not be liable for any damage which occurs as a result of your failure to follow such instructions;
(d) you must ensure that we have access to electrical outlets and a supply of cold running water;
(e) we will properly dispose of all waste that results from our provision of the services; and
(f) where the supply of the services is to last for more than one working day, we will where reasonably possible leave the property in a clean and tidy state and minimise any disruption to your use and enjoyment of the property while work is being carried out.
5.4 If you do not allow us access to provide services. If you have asked us to provide the services to you at your property and you do not allow us access to your property as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 12.3 will apply.
6. SUPPLY AND INSTALLATION OF ARTIFICIAL GRASS
6.1 Product qualities. If the services include the supply of artificial grass, you should take note of the following
qualities of artificial grasses which will form part of the description of the goods and / or services:
(a) Creases. The structure, storage and / or transit of the artificial grass may cause natural creases in the product. Creases will ordinarily flatten within 3 months of the supply and / or installation of the artificial grass. We will use all reasonable efforts in order to reduce visible creases such as unrolling and exposing the artificial grass to warm sunlight before installation, gently pulling the edge of the artificial grass to encourage the creases to smooth or exposing the latex backing of the artificial grass to sunlight and gently stretching by hand. Creases should not be considered as a defect of the product or services unless the appearance of such creases are severe.
(b) Lines. A visible straight line may appear in the artificial grass which may have been caused by the devices used during the manufacturing and / or alignment process or during the cutting process. We will use all reasonable efforts in order to remove lines such as exposing the artificial grass to warm sunlight and gently manipulating the fibres by hand or with a power brush to remove the line. Lines should not be considered as a defect of the product or services unless the appearance of such lines are severe.
(c) Joints / seams. We will use all reasonable efforts to make all joints or seams in the artificial grass as invisible as possible when installing the product. However, you should note that on occasion, joints or seams may be visible due to the nature / molecular structure of the product and this cannot always be
avoided in the installation process. Joints / seams should not be considered as a defect of the product or services unless the appearance of such joints / seams are severe.
(d) Slight colour differential. All rolls of artificial grass supplied in a single order will be cut from the same batch. Although we have made every effort to ensure that the artificial grass supplied will be consistent in colour, it is possible that artificial grass in any subsequent orders will be cut from separate batches and may have a slight colour differential due to the manufacturing process. A slight colour differential in the batches of artificial grass supplied and / or installed should not be considered a product or services defect unless such colour differential is severe.
(e) Reflective surfaces. Our artificial grass is manufactured using polyethylene and polypropylene and therefore reflective or magnifying surfaces such as glass, clear plastic or otherwise could cause scorching of the grass. It is your responsibility to prevent any such damage occurring to the artificial grass and we will not be liable for any scorching which occurs. We are able to provide a repair service for scorched artificial grass, for a fee, if you require.
(f) High traffic zones. Any areas of the artificial grass which are subject to high traffic may flatten over time due to pressure on the grass blades, causing these to compress. This can alter the appearance of these sections of the grass compared to those which have not been subject to compression. This is natural wear and tear and we will not be liable for any flattening which occurs due to compression over time.
(g) Pile. The grass blades may flatten if heavy objects (such as furniture) are placed on to the artificial grass. This is natural wear and tear and we will not be liable for any flattening which occurs due to compression over time. If flattening occurs, we recommend brushing against the pile to lift the grass blades.
(h) Play equipment. You must inform us during our Site Visit if any part of the installation area is to be used for children’s play equipment – including but not limited to swings, slides, football nets or trampolines – so that we can strengthen the sub-base layer or offer an alternative product to account for increased impaction. We also recommend that any play equipment is rotated around the lawn to ensure that any flattening of the grass is minimised.
(i) Drainage. You must notify us of any areas of existing water pooling on the lawn or any other drainage issues at the property at the time of our site visit / quotation. We do not guarantee that the installation of artificial grass will alleviate any pooling or drainage issues at your property.
(j) Weeds. Weeds may develop around the perimeter edges of the artificial grass as there will be a small gap between the weed-block material and the edging. This is a natural occurrence and we accept no responsibility for such weed growth. Weeds and moss may also grow on the surface of the artificial grass if it is not maintained correctly by you.
(a) Installation method. Unless we have agreed otherwise with you in writing, in order to install the artificial grass we will install a sub-base layer (between 65mm and 85mm) depending on the ground conditions. The sub-base layer will be comprised of between 50mm and 65mm of Type 1 MOT aggregate and between 15mm and 20mm of Grano dust and / or grit sand or as otherwise advised on our quotation. This will be installed either by:
(i) excavating between 65mm and 80mm from the lowest point of the lawn; or
(ii) building up the current level of lawn by this amount.
We will always keep the natural cambers of the lawn unless otherwise agreed between us and you in writing. It is not our intention to create a perfectly level lawn, except in circumstances that has been agreed and documented in our written quotation. In the absence of such written agreement, we will have no responsibility or liability to you in respect of levelling the lawn.
(b) Fitting. We will use green decking screws for wooden or plastic edging or plug and decking screws if using existing concrete. If required, we may also use 100mm to 120mm self-fixing screws. Fixings are drilled approximately every 30cm apart in accordance with best industry practice.
In the event that we discover an unexpected surface upon breaking ground (i.e. concrete, tarmac, builder’s waste etc) which we were not informed about and / or would not have been able to foresee during the initial Site Visit, we reserve the right to change the fitting method, materials, suspend the services (in accordance with clause 8.4) and / or increase the fee as we consider appropriate.
If we are fitting onto an existing hard surface (i.e. decking, paving, tarmac, concrete, etc) you must inform us during the Site Visit whether there are any defects to such surface, including but not limited to the natural pooling of water or other drainage issues. We will drill into the hard surface during the installation process, therefore creating holes so if the grass was to be lifted at a later date, drill holes will be present.
(c) Skips. If a skip will be required in order to dispose of waste created during the provision of the services, we will arrange for a suitable skip to be hired, the cost of which will be included in our quotation. The following provisions will apply:
(i) you will be responsible for ensuring the driveway of the property or another suitable space at the property is clear for the skip to be placed on to;
(ii) if we agree with you in advance that the skip should be placed on the roadway, you must ensure that a space directly in front of the property is made available;
(iii) in the event that the skip cannot be delivered due to you failing to provide adequate access, we reserve the right to charge you an additional £40.00 plus VAT in order to re-arrange delivery of the skip;
(iv) you must not add any waste to the skip without prior approval by us. In the event that you add any waste or items to the skip without our approval, we reserve the right to: (1) request that you remove these items; (2) remove these items ourselves; or (3) charge you an additional fee equivalent to 30% of the cost of the skip;
(v) you must use all reasonable efforts to ensure that no third party adds any additional items to or overloads the skip during or after completion of the services, before the skip is collected; and
(vi) we accept no responsibility for any loss or damage to the property which may be caused by the delivery, placement or collection of the skip.
6.3 Aftercare. In order to ensure that the products remain of satisfactory quality following installation:
(a) you should not place objects onto the artificial grass which may have spikes that could pierce the latex
backing of the grass, such as garden furniture or heeled shoes and/or studded boots;
(b) you should avoid placing BBQs, fire pits or other flammable objects onto the artificial grass;
(c) you should avoid emptying swimming pools, paddling pools, Jacuzzis or otherwise onto the artificial grass as the excess water may cause damage to the sub-base layer and the chemicals contained in such water could discolour the product; and
(d) you should not drive or park a car on the artificial grass.
7. PERMISSION TO TAKE AND USE PHOTOGRAPHS
7.1 Permission to take photographs. You consent to us taking before, during and after photographs and/or videos of our work / installation at your property (Photographs) as proof of quality. We will use reasonable endeavours to ensure that no person or house number / address is visible in such photographs.
7.2 Permission to use photographs. You grant us an irrevocable right to use, publish, reproduce, display or otherwise exploit the Photographs for the following purposes:
(a) display on our website, social media platforms and/or in our marketing material as examples of our services;
(b) non-commercial publication in any media; and
(c) commercial publication in any media;
8. DELAYS AND SUSPENDING THE SERVICES
8.1 We are not responsible for delays outside our control. Our carrying out of the services might be affected by events beyond our reasonable control. If our performance of the services is affected 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 but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received. Examples of events which might be beyond our reasonable control include:
A. You change the services (and this means we have to do extra work or wait for extra materials);
B. We have to wait for your other providers to complete their work before we are able to carry out the services;
C. Materials are not delivered at the time agreed with the supplier of the materials (and we cannot obtain a replacement within a reasonable time or the price charged by a supplier is much higher than the original charge);
D. We cannot access the site at the times we agreed with you;
E. You have not prepared the site in the way we agreed with you;
F. Poor weather conditions.
in the event that we attend your property on the Start Date but we cannot carry out the services due to (a), (b), (d) above, we reserve the right to charge you a call-out fee of £350 plus VAT for our attendance. We would seek to agree a revised Start Date with you in accordance with clause 4.3.
8.2 Lack of materials. When we carry out the services, we might not have all of the materials we need. This might be for a number of reasons, such as:
(a) where we have provided an estimate, it might not have been possible to work out what materials we needed at the time we provided the estimate to you and this might only be revealed when we start carrying out the services; or
(b) whether or not we have provided an estimate, the conditions of an item or the area where the services are being carried out might become apparent only when we start carrying out the services and it might not have been possible to establish it until that point.
If, as a result, we need to purchase extra materials we will order them from our supplier and return later to continue to carry out the services.
8.3 What will happen if you do not provide required information to us. We will need certain information from you so that we can provide the services to you, for example, the information set out in clause 5.2. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see clause 13.1) 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 providing the services late or not providing 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.
8.4 Reasons we may suspend the services. We may have to suspend the services to:
(a) deal with technical problems or make minor technical changes;
(b) update the services to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the services as requested by you or notified by us to you (see clause 10 and 11).
8.5 Your rights if we suspend the services. We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 3 days in any 2 week period we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract if we suspend the services, or tell you we are going to suspend them, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for services not provided to you.
8.6 We may also suspend the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 9.2) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see clause 9.6). We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 9.5).
9. PRICE AND PAYMENT
9.1 Where to find the price for the services. The price of the services and for the estimated products (which includes VAT) will be the price set out in our quotation unless we have agreed another price in writing. We will let you know the basis of calculating the charges for the services and estimated products (and any extra charges such as delivery charges) to the fullest extent we can when you place an order with us. We will, where reasonably possible use only the products (and quantities of products) set out in the quotation; however, if additional products are required, we will adjust the final fee to reflect this. We take all reasonable care to ensure that the prices of
services advised to you are correct. However please see clause 9.4 for what happens if we discover an error in the price of the services you order.
9.2 When you must pay and how you must pay. You must pay us the deposit in accordance with clause 3.6. We will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice within 5 calendar days after the date of the invoice. We accept payment by bank transfer to our nominated account or by credit or debit card, if previously agreed in advance. We do not accept cheques.
9.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
9.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’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 service’s correct price at your order date is higher than the price stated, 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 not perform the services.
9.5 We can charge interest if you pay late. If you do not make any payment to us by the due date (see clause 9.2) we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England 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.
9.6 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.
10. YOUR RIGHTS TO MAKE CHANGES
10.1 If you wish to make a change to the services please contact us. 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 services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
11. OUR RIGHTS TO MAKE CHANGES
11.1 Minor changes to the services. We may change the services:
(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 services.
12. YOUR RIGHTS TO END THE CONTRACT
12.1 You can always end the contract before the services have been supplied and paid for. You may contact us at any time to end the contract for the services, but in some circumstances we may charge you certain sums for
doing so, as described below. If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
12.2 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
(a) we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
(b) there is a risk the services may be significantly delayed because of events outside our control;
(c) we suspend the services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(d) you have a legal right to end the contract because of something we have done wrong.
12.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 12.2, the contract will end immediately but we may retain from the deposit, if applicable, a sum to cover any net financial loss that we suffer due to the cancellation, particularly in the case of made-to- measure artificial grass or other products under clause 14.3Error! Reference source not found.). We will refund the balance of the deposit to you as soon as is reasonably possible, and in any event within 21 calendar days of cancellation. If our net financial loss is more than the amount of the deposit (and/or if no deposit has been paid), we will invoice you for the shortfall and you will be required to make payment in accordance with clause 9.2.
13. OUR RIGHTS 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 14 days of us reminding you that payment is due;
(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 services, for example, the information set out in clause 5.2 or otherwise; or
(c) you do not, within a reasonable time, give us access to your property to enable us to provide the services to you.
13.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13.3 We may stop providing the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 30 days in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided.
14. IF THERE IS A PROBLEM WITH THE PRODUCTS
14.1 How to tell us about problems. If any products are supplied in the course of us providing the services, and you discover a defect with one or more of those products or if the product or products have been incorrectly described, you should inform us using the contact details above in clause 2.2.
14.2 Summary of your legal rights in respect of products. See the box below for a summary of your key legal rights in relation to the 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.
For goods, the Consumer Rights Act 2015 says goods 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 goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
14.3 Made-to-measure goods. As a consumer, you do not have the right to cancel in respect of made-to-measure products such as all our artificial grasses and you will not be entitled to a refund unless such products are faulty.
15. MANUFACTURER GUARANTEE
15.1 A manufacturer guarantee may be offered for certain artificial grass products supplied by us. Please be aware that the manufacturer guarantees offered for certain artificial grass products are non-transferable. For details, please refer to the ‘Warranty’ provided with your order.
15.2 If your manufacturer guarantee is provided by Namgrass UK Limited (of Redcliffe Garden Centre Bashley Road, Bashley, New Milton, Hampshire, BH25 5RY) you must register the guarantee on its website (www.namgrass.co.uk) within 1 month of us supplying the goods to you.
15.3 The manufacturer guarantees offered to UK customers are more generous than your legal rights under the Consumer Contracts Regulations. These guarantees are in addition to, and do not affect, your legal rights in relation to faulty or misdescribed products (see clause 14.1Error! Reference source not found.). In the event that the manufacturer ceases trading, we will not be responsible for providing any further or subsequent guarantee in respect of the goods or any rights in addition to, or that are more generous than your statutory rights under the Consumer Contracts Regulations.
16. IF THERE IS A PROBLEM WITH THE SERVICES
16.1 How to tell us about problems. If there is a problem with the result of the services, i.e. they have not been provided with reasonable care and skill, you are entitled to ask us to repeat or fix the service, or to get a price reduction if this is not possible. If you have any questions or complaints about the services, please contact us. You can telephone us at 0161 790 2133 or 07970 636 546 or write to us at 26 Everard Close, Worsley, Manchester, M28 7TY and firstname.lastname@example.org.
16.2 Summary of your legal rights in respect of services. See the box below for a summary of your key legal rights in relation to the services. 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:
You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
- If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
16.3 We will use reasonable efforts to remedy problems with the services as quickly as is reasonably possible and practical. We will not charge you for remedying problems under this clause 16 where the problems have been caused by. If we determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, we may charge you for remedial work.
16.4 If we do not perform the services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.
16.5 If the services are not performed in line with information that we have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.
16.6 If for any reason we are required to repeat the services in accordance with your legal rights, we will not charge you for the same and we will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full fees payable for the services and, where you have already made payment(s) to us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which we agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method.
17. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
17.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
17.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are as described and supplied with reasonable skill and care.
17.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
17.4 We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18. HOW WE MAY USE YOUR PERSONAL INFORMATION
18.1 How we will use your personal information. We will only use your personal information as set out in our
19. OTHER IMPORTANT TERMS
19.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
19.2 You may only transfer your rights with our consent. You may only transfer your rights or your obligations under these terms to another person with our written consent.
19.3 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. Neither of us will need the consent of any person acquiring rights under our guarantee to end the contract or make any changes to these terms.
19.4 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.
19.5 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 or 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 services, we can still require you to make the payment at a later date.
19.6 Disputes. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the services, our service to you generally or any other matter, please contact us as soon as possible. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
(a) let you know that we cannot settle the dispute with you; and
(b) give you certain information required by law about our alternative dispute resolution provider. 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.
19.7 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 services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts.