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Terms and Conditions

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General conditions of sale with Lindum Turf Ltd

Any agreement between you and Lindum Turf Ltd is made on these conditions to the exclusion of all other conditions. By placing an order you confirm that you agree to these Conditions.

Definitions

  1. In these conditions unless the context requires otherwise
    1. ‘Buyer’ means the person who buys or agrees to buy the goods from the Seller;
    2. ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
    3. ‘Goods’ means the items you order from us as detailed on the Order Form;
    4. ‘Order’ means your offer to purchase Goods from Lindum Turf Ltd;
    5. ‘Order Form’ means the form completed by you online when you Order the Goods (referred to on the Website as ‘Basket’);
    6. ‘Turf’ means turf.  It should be bought in mind that Turf is a growing product therefore a changing product;
    7. ‘Website’ means www.lindumonline.co.uk;
    8. ‘Carrier’ means the third party engaged by Lindum Turf Ltd to deliver the Goods;
    9. ‘Cancellation and Return Policy’ means the Policy set out in clause 7.
  2. Placing an order with Lindumonline.co.uk
    1. Once you have browsed the website and selected your goods, complete the Order Form in full and follow the instructions detailed on the Website to place your Order.  You will need to complete the details in the ‘Checkout’ section of the Website.  You will have the opportunity to review your order in the ‘Checkout’ section.
    2. When you are placing your order with Lindum Turf Ltd, you may select a delivery date while placing your order.  Information about delivery options and charges is available when you place your order.
    3. Once you receive the ‘Confirmation of order’ email you have agreed to receive the goods you have ordered on the specified delivery date.
    4. Lindum Turf Ltd will record your agreement to these Conditions, but will not file a copy of the concluded contract.
    5. Any specifications, data, descriptions of the product as well as suitability, performance or otherwise, given by us in connection with Goods 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. Price and Payment
    1. The Website sets out the price of the Goods, in pounds sterling, next to the illustration/description of the Goods, and price will be quoted once you have entered your delivery postcode and required quantity.  The price will be confirmed on the Order Form before you place your Order and in the event of a discrepancy between the two prices, the price displayed on the Order Form shall prevail.
    2. Unless otherwise stated, the price is exclusive of any delivery charge and this delivery charge shall be as set out on the Website.
    3. Lindum Turf Ltd reserves the right to increase prices of any item displayed for sale on the Website and/or delivery charges from time to time.  However where the price of Goods and/or delivery charges changes between Order and delivery, the price and/or charge will be as displayed on the Order Form.
    4. Unless otherwise stated, the price is exclusive of any VAT payable in the United Kingdom.  VAT will be included at checkout.   
    5. The amount payable by you shall be the total price of the Goods and the applicable delivery charges as set out at clause 3.2.  The ‘Confirmation of Order’ e-mail sent out as described in clause 2.3 will confirm the price paid by you.
    6. Payment can be made by credit or debit card.  Payment will be deducted from your credit/debit card on the date when Lindum Turf Ltd accepts the order and delivers confirmation to you as described in clause 2.3.
  4. Availability and Delivery

    Where an Order is accepted and a confirmation is sent to you as described in clause 2.3, your order will be processed.

    If the Goods are in stock, they will be despatched and delivered by the Carrier to the address provided in the Order Form with Goods to be signed for on delivery.

    1. Goods cannot be delivered to any address outside of the UK mainland.
    2. Lindum cannot be held responsible if the delivery address provided by you is incorrect.
    3. Lindum reserves the right to refund your payment in the event that the Goods ordered by you are unavailable.
    4. Lindum will deliver the Turf, Wildflower Turf or Green Roof Products on the delivery date agreed in accordance with clause 2.3 to the agreed delivery address by Carrier.
    5. Deliveries of Turf, Wildflower Turf and Green Roof Products are made on pallets.  Pallets will be unloaded as described in our delivery information.  We will use all reasonable endeavours to place the goods as close to your property as is deemed safe by the Carrier.
    6. You must provide sufficient and safe access to the point of unloading as described in our delivery information. You do need to be present to accept the delivery as the Carrier does need to take a signature for proof of delivery. The Carrier does need access to drop the pallet onto your property. The size of a pallet is 1.2m by 1.2m.
    7. Goods cannot be delivered to any address outside of the UK mainland.
  5. Non-Delivery
    1. If Lindum does not deliver Goods within 24 hours of the agreed delivery date, unless non-delivery is due to your failure to comply with the provisions of clause 4.6, you should contact Lindum using the details available at www.lindumonline.co.uk.   You will then be given the option of:
      1. Cancelling your Order.  Lindum will then refund the price you paid in accordance with the Cancellation and Return Policy; or
      2. Arranging a revised delivery date, in which case clauses 4.4 to 4.8 shall apply to the revised delivery date.
    2. Lindum shall not be liable for any non-delivery of Goods unless notice is given to Lindum at least 48 hours before the agreed delivery date.  Such notice should be by e-mail to laura@turf.co.uk.
    3. If you will not accept delivery of the Goods for any reason, or Lindum is unable to deliver the Turf because you have not provided appropriate instructions, including but not limited to providing the correct delivery address, or because you have failed to comply with clause 4.6 or any instructions set out in our delivery information, the goods will be returned to Lindum Or the depot for 24 hours.
    4. Due to the perishable nature of Turf, Wildflower Turf and Green Roof Mats it is not possible for it to be stored for longer than 24 hours. In the event that it is not possible to store and redeliver the Turf, Wildflower Turf and Green Roof Mats Lindum will not be able to refund any sums paid by you in respect of the Turf. Wildflower Turf or Green Roof Mats. A redelivery charge will also be added to the consignment.

      PLEASE NOTE THAT LINDUM ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR IF THE TURF IS NOT ROLLED OUT IMMEDIATELY IN SPRING/SUMMER AND WITHIN 24 HOURS IN AUTUMN/WINTER.

    5. Where Goods cannot be delivered because of the circumstances detailed in clause 6.5 and you ask for the Goods to be re-delivered, Lindum reserves the right to make an additional delivery charge at the applicable rate set out in clause 3.2.   In respect of Turf, Wildflower Turf and Green Roof Mats Lindum reserves the right to charge for replacements in addition to the sums already paid by you in respect of the original Turf, Wildflower Turf or Green Roof Mats should they have deteriorated.
  6. Cancellation and return policy
    1. You may cancel your Order at any point after which you place your Order until 2 days (48 hours) before the date on which you are scheduled to receive the Goods. To cancel your order you should contact Lindum in writing, by e-mail using the details available at www.lindumonline.co.uk.
    2. Once you have confirmed that you have received the Turf, Wildflower Turf and Green Roof Mats in a suitable condition, you cannot return them due to the perishable nature of the products.
    3. If you wish to return the Goods because they are faulty or where Lindum has not supplied the correct Goods, you should contact Lindum using the details set out in clause 6.1 within a reasonable period of discovering the fault or error.  If you agree to return the Goods at Lindum’s expense, you may ask Lindum to send you replacement Goods, or to repay any sums paid by you for the Goods within 30 days.
    4. Your rights under clause 6.3 do not arise where packaging has been damaged in transit but the Goods themselves are undamaged.
    5. Turf, Wildflower Turf and Green Roof Mats are highly perishable and, if not laid promptly in accordance with the instructions given to you by Lindum may deteriorate rapidly.  Where the Turf, Wildflower Turf and Green Roof Mats are not rolled out immediately in spring/summer and within 24 hours in autumn/winter (or such other timescale as is advised by Lindum), Lindum will not accept responsibility for such deterioration, and will not accept a return of the Turf, Wildflower Turf and Green Roof Mats due to such deterioration.   It is therefore your responsibility to ensure that you are able to lay the Turf, Wildflower Turf and Green Roof Mats before agreeing a delivery date.
    6. You should also be aware that the ongoing condition of Turf, Wildflower Turf and Green Roof Mats will be dependent on factors beyond Lindum’s control including (without limitation) weather conditions or unintended blown or animal/bird carried seeding, and will also depend on your care of the Turf, Wildflower Turf and Green Roof Mats after delivery.   While Lindum shall be liable for any failure to comply with these Conditions or your statutory rights, you will not be able to return the Turf because of any defects arising after delivery, whether due to your failure to care for the Turf, Wildflower Turf and Green Roof Mats in the manner advised by Lindum or due to external factors.
    7. If you exercise your right to cancel your Order in accordance with clause 6.1, Lindum will repay any sums paid by you for the Goods within 30 days of you telling Lindum that you have cancelled your order.
  7. Risk and Property
    1. Risk of damage to, or loss of, the Goods shall pass to you upon delivery of the Goods.
    2. Ownership of the Goods shall not pass to you until Lindum has received in full (in cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to Lindum from you on any Order.
  8. Liability
    1. Lindum warrants that it has title to sell the items that it displays on the Website.
    2. Lindum will not be responsible for any losses suffered by you which were:
      1. not foreseeable to Lindum and you when you placed your Order; or
      2. not caused by any breach on the part of Lindum.
    3. Nothing in these Conditions excludes or limits the liability of Lindum for fraudulent misrepresentation or death or personal injury caused by the negligence of Lindum or its employees.
    4. In circumstances where Goods have been used (or were intended for use) for purposes related to your trade, business or profession and you are not acting as a consumer, the following limitations of liability shall apply.
      1. Lindum 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.
      2. Subject to clauses 8.4.1, 8.2 and 8.3, Lindum’s maximum total liability to you in respect of all losses (whether arising in contract, tort, negligence, breach of statutory duty or otherwise) shall not exceed the total sums paid by you to Lindum under this Agreement in respect of the relevant Goods.

      PLEASE NOTE THAT LINDUM ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR IF THE TURF IS NOT ROLLED OUT IMMEDIATELY IN SPRING/SUMMER AND WITHIN 24 HOURS IN AUTUMN/WINTER.

    5. Lindum cannot be held responsible for any failure to deliver the Goods due to anything that is beyond its reasonable control including but not limited to fires, explosions, severe weather, industrial disputes (of its own or other employees), insurrection, riots, embargoes, raw material shortages, delays in transportation, requirements or regulations of any civil or military authority, war (whether declared or not), civil unrest and terrorist action.  Lindum shall have no liability towards you for any loss or damage that you may suffer as a result of circumstances beyond Lindum’s reasonable control.
  9. Waiver
    No waiver or forbearance by Lindum (whether express or implied) in enforcing any of its rights under this contract shall prejudice its right to do so in the future.
  10. Sub-contracting
    Lindum may licence or sub-contract all or any part of its rights and obligations under this contract without the Buyer’s consent.
  11. Proper law of contract
    This contract is subject to the law of England and Wales.