Terms & Conditions
This document outlines the terms and conditions for trading with TalbotTurf including Website Use and Shop Use.
The Customer’s attention is particularly drawn to the Delivery clauses below. Please inform us in your order if there are any “Access Challenges” at your chosen delivery location.
Our Website user terms & conditions are included here.
In these conditions of sale:
The Company means Talbot Turf Supplies Limited of registered address, Talbot Farm Nursery, 75 Derby Road, Derby DE65 5FP (Company No. 03499473). Your correspondence address is: Talbot Turf Supplies Limited, Castle Way, Willington, Derbyshire, DE65 6BW. Any communication on product quality or service delivery should be emailed to email@example.com
The Customer means any person contracting with the Company for the supply of products or services. Delivery means delivery by the Company or any subcontractor employed by the Company directly or indirectly.
Submission of a purchase order online will be taken as agreement to these conditions of sale.
1.1 These are the terms and conditions of sale of Talbot Turf Supplies. All goods sold and all orders taken are subject to these conditions to the exclusion of any other terms and conditions. No variation of these conditions shall be of effect unless agreed by a director of Talbot Turf Supplies in writing. No conditions of purchase or other conditions of general application of the customer shall apply to any goods sold by Talbot Turf Supplies.
1.2 Employees or agents of Talbot Turf Supplies are not authorised to make any representations concerning goods unless confirmed by a Director in writing. The customer acknowledges that they do not rely on any such representations which are not so confirmed. Any advice or recommendation given by Talbot Turf Supplies or its employees or agents to the customer as to the storage, application, use or maintenance of goods supplied which is not confirmed by a partner in writing is followed or acted upon entirely at the customer’s own risk and accordingly Talbot Turf Supplies shall not be liable for any such advice or recommendation with is not so confirmed.
1.3 The quality quantity and description of and any specification for goods shall be those set out in Talbot Turf Supplies quotation and Talbot Turf Supplies reserves the right to make any changes in the specification of the goods which do not materially affect their quality.
1.4 Our working days are Monday, Tuesday, Wednesday, Thursday, Friday.
Saturday and Sunday are not working days.
- Supply of Products
Risk and Property
2.1 Risk of damage to or loss of the goods shall pass to the Customer:
2.1.1 in the case of goods to be delivered at Talbot Turf Supplies
premises, at the time when Talbot Turf Supplies notifies the Customer that the goods are available for collection; or
2.1.2 in the case of goods to be delivered otherwise than at Talbot Turf Supplies premises, at the time of delivery or, if the Customer wrongfully fails to take delivery of the goods, the time when Talbot Turf Supplies has tendered delivery of the goods.
2.2 Notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions, the property in the goods shall not pass to the customer until Talbot Turf Supplies receive in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by Talbot Turf Supplies to the customer for which payment is then due.
2.3 Until such time as the property in the goods passes to the customer, the customer shall hold the goods as Talbot Turf Supplies fiduciary agent and bailee, and shall keep the goods separate from those of customer and third parties and properly stored, protected and insured and identified as Talbot Turf Supplies property, but shall be entitled to resell or use the goods in the ordinary course of its business.
2.4 Until such time as the property in the goods passes to the customer (and provided the goods are still in existence and have not been resold), Talbot Turf Supplies shall be entitled at any time to require the customer to deliver up the goods to Talbot Turf Supplies and, if the customer fails to do so forthwith, to enter upon any premises of the customer or any third party where the goods are stored and repossesses the goods.
2.5 The customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of Talbot Turf Supplies, but if the customer does so all monies owing by the customer to Talbot Turf Supplies shall (without prejudice to any other right or remedy of Talbot Turf Supplies) forthwith become due and payable.
- Products are sold under the express understanding that:
Contracts for the supply of goods or services to retail or domestic Customers are governed by The Sale of Goods Act 1979 (as amended) and supplied in compliance with, Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, (CCICAR). Any Customers contacting in the course of their business are excluded from consumer protection legislation and are contacting with the Company on a business-to-business basis.
- The Customer fully is made aware that turf is a natural product. We cannot guarantee that the appearance and/or colours of products shown on this site exactly reproduce the appearance and/or colours of the physical products themselves. Natural products may show some colour variations. All sizes and weights quoted are approximate.
- The Customer fully understands that turf is a product which is liable to deteriorate or expire rapidly, which must be properly laid on properly prepared ground with no risk to drought and adequately watered within 12 hours of delivery if conditions are dry.
- The Company require that any dissatisfaction with the product or service is made by email to the above email address within 48 hours of collection or delivery. If the Customer is dissatisfied with the product, it must be returned to the Company within 14 working days after the complaint has been registered. A refund will then be made for the original purchase price, return charges may apply.
- The Customer will be aware that turf is classed as a product which is liable to deteriorate or expire rapidly (CCICAR 2013), if the Customer is dissatisfied with the product we ask that photos of the turf are emailed to us as soon as possible after delivery to firstname.lastname@example.org
- All prices quoted by the Company include the cost of delivery unless otherwise stated.
- Customers are required to pay by credit card/debit card at the time of ordering.
- Turf should be inspected whilst being laid and any turf found to be unsatisfactory rejected before laying takes place.
- All turf 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 turf from whatever cause arising.
3.1 All prices quoted are subject to alteration without notice up to the point at which an order is taken. Thereafter the price will remain fixed save that Talbot Turf Supplies reserves the right, by giving notice to the customer before delivery, to increase the price of the goods to reflect any increases in the cost to Talbot Turf Supplies which is due to any factor beyond the control of Talbot Turf Supplies, any change in delivery dates, quantities or specification for the goods by the customer, or any delay caused by any instructions of the customer or failure of the customer to give Talbot Turf Supplies adequate information or instructions.
3.2 Value Added Tax is not included in the price and will be charged separately.
3.3 A separate charge is made for delivery and pallets out. Customers will be refunded for pallets returned within 30 days. Delivery charges quoted are to the address of the order unless otherwise agreed by a partner of Talbot Turf Supplies.
3.4.1 Talbot Turf Supplies will endeavour at all times to deliver goods ordered within a reasonable time but time of delivery will not be the essence of the contract. Where, however, due to circumstances beyond their control, delivery is delayed, Talbot Turf Supplies will not be liable for any damages resulting. If for any reason Talbot Turf Supplies is unable to make a delivery of the whole of any amount ordered, the terms and conditions here set out will still apply to part of the order completed as they would have applied to the whole.
3.4.2 Leatherjackets found in the turf are not valid grounds for a refund or product replacement.
3.4.3 Delivery by the Company shall be conditional upon access free from encumbrances and good roads being available to the haulage Company’s vehicles to the place of delivery “Satisfactory Delivery Conditions”. The Company reserves the right to cancel or hold any orders that the Company deems may suffer from potential delivery problems and as a result, delivery dates may be delayed. The Customer will incur the cost of any requirement to re-attempt delivery due to delivery conditions not being satisfactory.
The Company will not accept any liability for damages to property caused during delivery. It is the Customers’ responsibility to plan for appropriate surfaces onto which our lorries can deliver turf and other palletised products.
Any additional charges incurred during delivery (i.e. parking charges, etc) will be at the liability of the Customer.
If the Company, or its agent cannot gain access to the delivery address then additional costs may be incurred. Deliveries are made using large vehicles, typically 18 tonne wagons, and it is the Customers responsibility to inform the Company if there may be an access problem. In such cases that delivery, in the opinion of the Company is not possible, then the Company reserves the right to cancel the order.
The Company must be informed of any possible “Access Challenges” as you place your order. Please contact us by email if you are in any doubt on “Access Challenges”.
Delivery vehicles use tail lift offloading, and it must be emphasised that the delivery vehicle must be able to safely park in the area where the delivery is to be made. A pallet truck is then used to manoeuvre the goods off the tail lift to the kerbside delivery point. The Customer, or somebody appointed by the Customer, should be at the delivery point to accept the delivery. The delivery drivers are only contracted to deliver the goods to the kerbside. The goods will be palletised.
Please email email@example.com if a delivery problem does occur. The kerbside delivery point must be flat and hardstanding. We cannot deliver to hills, slopes, inclines or gravel. If you have any concerns over the delivery you must contact the Company before the goods have been dispatched.
Whilst every effort will be made to carry out any delivery instructions passed on, this is not always possible. Any instructions left for delivery are at the discretion of the driver and do not waive the standard kerbside terms and conditions.
The estimated time of delivery will be advised to you in advance determined by our delivery schedules on the day. Each delivery note must be signed for. Where a delivery is made without a signature no refund can be applied. Orders of goods which are liable to deteriorate or expire rapidly cannot be cancelled if they are still delivered on the selected delivery date. Deliveries are usually between 8am and 6pm. We are not responsible for delays outside our control.
Any shortfall in the quantity delivered, or damages to the product, must be written on the delivery note at the time of delivery. When signing for the goods you are agreeing they have been received in full and in good order. We cannot offer any refunds or replacements without this. It is at your own risk if you are not at the property to receive and check the goods.
- Warranty, Exclusion of Liability, Amendments, Returns
4.1 The Customer has the right to cancel any product or services, except goods which are liable to deteriorate or expire rapidly which are listed in sub point 4.4 below.
4.2 Cancellation needs to be done in a clear statement made by the Customer, setting out the decision to cancel the contract by email to firstname.lastname@example.org.
4.3 Customers are required to return the goods, at their own expense, to Talbot Turf Supplies, Castle Way, Willington, Derbyshire. DE65 6BW.
4.4 Goods which are liable to deteriorate or expire rapidly (eg. turf) are excluded from cancellation under Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, (CCICAR). This does not affect your statutory rights.
4.5 For non-perishable goods, if you cancel once the goods have been dispatched but delivery has not yet been attempted, we can cancel this but they will be subject to £100.00 per pallet return fees.
4.6 Talbot Turf Supplies warrants that goods supplied will correspond with the specification in the order at the time of delivery and will be free from material defect subject to these terms and conditions.
4.7 Once a customer has accepted goods supplied by Talbot Turf Supplies, they will have no further liability for the goods or for any damages connected with their use. A customer will be deemed to have accepted the goods unless within 3 days of delivery, Talbot Turf Supplies have been informed in writing of any alleged defect and Talbot Turf Supplies shall have no liability to the customer.
In any event, the limit of Talbot Turf Supplies liability will be to replace the defective goods (subject to 8.3 below) or (at the discretion of Talbot Turf Supplies) refund the customer for any defective goods and will not extend to any direct or indirect special or consequential damage, expenses or loss of any other kind.
4.8 Talbot Turf Supplies will not be responsible for any defects in the goods arising from the improper treatment, laying or maintenance by the customer, or fair wear and tear, wilful damage, negligence, abnormal conditions, environmental contamination (including air borne disease) following delivery, contamination with rogue seeds following delivery or failure to follow Talbot Turf Supplies instructions.
4.9 Notwithstanding the provisions above, any liability arising to third parties or other risk in respect of goods sold will be for the customer’s account after delivery.
4.10 The maximum liability of Talbot Turf Supplies to the Customer shall be the price paid under the contract and Talbot Turf Supplies shall be under no liability if the total price for the goods has not been paid by the due date for payment.
4.11 Subject as expressly provided in these terms and conditions and except where the goods are sold to a person as a consumer all warranties, conditions or others terms implied by statute or common law are excluded to the fullest extent permitted by law.
4.11 Any order amendments must be made before goods are dispatched, this may be up to two working days prior to delivery. Once dispatched, goods which are liable to deteriorate or expire rapidly are excluded from cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCICAR). Cancellation of non-perishable goods after dispatch will be subject to return charges.
5 Product Specification
5.1 Any advice and information given by Talbot Turf Supplies relating to the characteristics and suitability of its goods for particular applications is for guidance only and accordingly no warranty in this regard is given, whether express or implied. Customers should satisfy themselves that any turf ordered is suitable for its intended us, and they are welcome to inspect the growing turf at Talbot Turf Supplies for this purpose.
5.2 Talbot Turf Supplies reserve the right to alter the mixture of seed used to produce turf without notice. A change which does not materially affect the suitability of the turf for its specified use shall not constitute grounds for any claim by the customer.
5.3 Sizes, weights and measures quoted for turf may vary due to the nature of the product.
6.1 This clause applies if:
6.1.1 the Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
6.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or
6.1.3 the Customer ceases, or threatens to cease, to carry on business; or
6.1.4 Talbot Turf Supplies reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
If this clause applies then, without prejudice to any other right or remedy available to the Talbot Turf Supplies they shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer and if the goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
6.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
6.3 No waiver by Talbot Turf Supplies of any breach of the contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
6.4 Talbot Turf Supplies shall not be liable to the Customer or be deemed to be in breach of the contract by reason of any delay in performing, or failure to perform, any of their obligations in relation to the goods, if the delay or failure was due to any cause beyond Talbot Turf Supplies reasonable control.
Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond their reasonable control:
6.4.1 Act of God, explosion, flood, tempest, fire or accident;
6.4.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
6.4.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
6.4.4 import or export regulations or embargoes;
6.4.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Talbot Turf Supplies or of a third party);
6.4.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
6.4.7 power failure or breakdown in machinery.
6.5 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part of the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
6.6 Any dispute arising under or in connection with these conditions or the sale of the goods shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party, by the President for the time being of the Law Society of England and Wales.
6.7 The contract shall be governed by the laws of England, and the Customer agrees to submit to the exclusive jurisdiction of the English courts.
7.1. Terms of website use
7.2. Information about us
7.2.1. www.talbotturf.co.uk is a site operated by Talbot Turf Supplies Limited.
7.3. Accessing our site
7.3.1. Access to Our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on Our Site without notice (see below). We will not be liable if for any reason Our Site is unavailable at any time or for any period.
7.3.2. From time to time, we may restrict access to some parts of Our Site, or our entire Site, to users who have registered with us.
7.3.4. You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these terms, and that they comply with them.
7.4. Prohibited uses
7.4.1. You may use Our Site only for lawful purposes. You may not use Our Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
7.4.2. You also agree:
Not to reproduce, duplicate, copy or re-sell any part of Our Site in contravention of the provisions of these terms.
- Not to access without authority, interfere with, damage or disrupt:
- any part of Our Site;
- any equipment or network on which Our Site is stored;
- any software used in the provision of Our Site; or
- any equipment or network or software owned or used by any third party.
7.5. Content Standards
7.5.1. These content standards apply to any and all material which you contribute to Our Site (Contributions), and to any interactive services associated with it.
7.5.2. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
7.5.3. Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
7.5.4. Comply with applicable law in the UK and in any country from which they are posted.
5.5. Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive or sexually explicit material.
- Promote violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from the Company, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- Include or refer to, whether directly or indirectly, any product, service, website or business other than those products offered by us or our website or business.
7.6. Suspension and Termination
7.6.1. We will determine, in our discretion, whether there has been a breach of these terms through your use of Our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use Our Site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
7.6.3. We exclude liability for actions taken in response to breaches of these terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
7.7. Intellectual Property Rights
7.7.1. We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.7.2. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.7.3. Our status (and that of any identified contributors) as the authors of material on Our Site must always be acknowledged.
7.7.7. You must not use any part of the materials on Our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
7.8. Reliance on Information Posted
7.8.1. Case Studies, commentary, advertisements by third parties and other materials posted on Our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Site, or by anyone who may be informed of any of its contents.
7.9. Site changes
7.9.1. The site content may change at any time. We may suspend access to Our Site, or close it indefinitely. Any of the material on Our Site may be out of date at any given time, and we are under no obligation to update such material.
7.9.2. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
7.10. Our Liability
10.1. The material displayed on Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Site or in connection with the use, inability to use, or results of the use of Our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and Conditions of Sale.
7.11. Personal Information
7.11.2. Calls to our office may be recorded.
7.12. Uploading material to our site
7.12.1. Any material you upload to Our Site will be considered non-confidential and non-proprietary, and you licence all rights that you have in the material and any Contributions, so that we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
7.12.2. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Our Site.
7.12.3. We have the right to remove any material or posting you make on Our Site if, in our opinion, such material does not comply with the content standards set out in these terms.
7.13. Viruses, Hacking and Other Offences
7.13.1. You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.
7.13.2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.
7.13.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.
7.14. Website Links
7.14.1. Subject to the other provisions of this clause 14, you may link to our home page provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it or which suggests any form of association, approval or endorsement on our part where none exists.
7.14.2. You must not establish a link from any website that is not owned by you.
7.14.3. We reserve the right to withdraw linking permission without notice.
8.0 Shop Terms & Conditions
This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the product(s) (Product) listed on our website (Our Site) to you.
These Terms will apply to any contract between us for the sale of Product(s) to you (Contract), where you are a consumer. Please note that these terms will not apply where you are purchasing as a business and you should refer to the terms you have agreed with us in this regard.
We amend these Terms from time to time as set out below. Every time you wish to order Product(s), please check these Terms to ensure you understand the terms which will apply at that time.
8.1. Information about us
8.1.1. We are Talbot Turf Supplies Limited (a company registered in England and Wales under company number03499473) trading as “Talbot Turf”.
8.1.2. To cancel a Contract in accordance with your legal right to do so as set out in clause 8.13, you just need to let us know that you have decided to cancel.
We recommend that you complete the cancellation form on our website.
If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
81.3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
8.2. Our Products
8.2.1. The images of the Product(s) on Our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Product(s). Your Product(s) may vary slightly from those images.
8.2.2. All Product(s) shown on Our Site are subject to availability. We will inform you by e-mail as soon as possible if a Product you have ordered is not available and we will not process your order if made.
8.3. Use of Our Site
8.3.1. Your use of Our Site is governed by our Website Terms and Conditions of Use. Please take the time to read them, as they include important terms which apply to you.
8.4. Personal Information
8.5. How the contract is formed between you and us
8.5.1. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
8.5.2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in the paragraph below.
8.5.3. We will confirm our acceptance to you by sending you an e-mail Order Confirmation. The Contract between us will only be formed when we send you the Order Confirmation.
8.5.4. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or because of an error in the price on Our Site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product(s), we will refund you the full amount as soon as possible.
8.6. Our right to vary these terms
8.6.1. We may revise these Terms from time to time as to how we accept payment from you and changes in relevant laws and regulatory requirements.
8.6.2. Every time you order Product(s) from us, the Terms in force at that time will apply to the Contract between you and us.
8.6.3. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Product(s) or just the Product(s) you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Product(s) you have already received and we will arrange a full refund of the price you have paid, including any delivery charge.
8.7. Prices and Payments
8.7.1. All prices included on this site are exclusive of VAT and, unless expressly stated otherwise on the product page, basket or checkout area, are exclusive of delivery charges. Delivery charges, where applicable, will be added in the checkout area.
8.7.2. Prices for our Product(s) may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation
8.7.3. In some cases, delivery to more remote areas of the UK may incur additional delivery charges. Where any such charges apply one of our sales team will contact the Customer with details of the additional charges.
8.7.4. All payments should be made to Talbot Turf on the date that the order is placed using one of the payment options listed as available on Our Site.
8.7.5. Where you are an Approved Account Holders you will be invoiced for payment. If you are an Approved Account Holder, you agree to pay within 28 days of the date of the invoice(s), unless other terms have been previously agreed between us in writing.
8.7.6. We reserve the right to charge interest on a daily basis on outstanding sums at the rate of 3% per annum above the base rate of Barclays Bank Plc as published from time to time.
8.7.7. The prices of the Product(s) will be as quoted on Our Site from time to time. We take all reasonable care to ensure that the prices of Product(s) are correct at the time when the relevant information was entered onto the system.
8.7.8. It is always possible that, despite our reasonable efforts, some of the Products on Our Site may be incorrectly priced. If we discover an error in the price of the Product(s) you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Product(s) to you at the incorrect (lower) price.
8.8.1. The Product(s) are despatched direct to you by us or by one of our approved hauliers.
8.8.2. Standard delivery time for most products is three working days following the day following the order. Saturdays and Sundays and official UK Bank Holidays are defined as non-working days. Some products are available on shorter lead times if you choose click and collect or contact us to determine a specific delivery. In some cases, principally with larger or oversized items, delivery may take longer and we will contact you about such orders.
8.8.3. You must notify us of the delivery point at the time of ordering your Product(s). Further, you must notify us of any matters which may affect access to the delivery point, such as (but not limited to) narrow roads, tight corners, weight limit roads, low bridges, hills, steep driveways and driveways with gravel, pebbles or loose stones. Please contact us immediately following the placement of your order by email on email@example.com.
8.8.4. Some Products are delivered on pallets or in large bulk bags, in which case lorries are used and a kerbside delivery only can be guaranteed. In the case of kerbside deliveries, you must be at the delivery point to accept the delivery and you alone are responsible for moving the Product(s) from the kerbside.
8.8.5. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will make every effort to deliver Product(s) ordered on the agreed date but, we shall not be liable for any delay in delivery of the Product(s) that is caused by an Event Outside Our Control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Product(s).
8.8.6. Delivery will be completed when we deliver the Product(s) to the address you gave us.
8.8.7. If you have requested that your Product(s) must be signed for, and if no one is available at your chosen address to take delivery, our courier will leave you a card informing you that the Product(s) have been returned to a delivery depot, in which case, please contact us to rearrange delivery.
8.8.8. If you have requested that your Product(s) need not be signed for, you must provide instructions as to where to leave them. We accept no responsibility for a Product after leaving it as instructed. Please note that deliveries of certain Products (including chemicals and/or hazardous substances) must always be signed for and it will not be an option to for such a Product to be left. You may be better choosing click and collect on such products.
8.8.9. The Product(s) will be your responsibility from the completion of delivery.
8.8.10. You own the Product(s) once we have received payment in full, including all applicable delivery charges.
8.8.11. If we are unable to deliver the Product(s) within 30 days then you may cancel your Order straight away if any of the following apply:
- we have refused to deliver the Product(s);
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential
8.8.12. If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 8.8.11, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline
8.8.13. If you do choose to cancel your Order for late delivery under clause 8.8.11 or clause 8.8.12, you can do so for just some of the Product(s) or all of them, unless splitting them up would significantly reduce their value.
8.8.14. If you wish to cancel the order after the Product(s) have been delivered to you, you will have to return them to us at your expense. After you cancel your Order and we received the returned goods, we will refund any sums you have paid to us for the cancelled Product(s) and their delivery.
8.8.15. Our logistics and warehouse team are operating to dispatch all orders in line with agreed service times. Please be aware however, that due to the current circumstances of trade, large consignments sent via the UK pallet network can be subject to some disruption – as outlined here.
8.9. International delivery
We do not currently deliver outside of the UK.
8.10.1. If you receive damaged or defective products, please contact our Customer Support team within 48 hours of receipt on firstname.lastname@example.org.
8.10.2. No unsolicited returns can be accepted.
8.11. Non Delivery of Products
8.11.1. If you have not received your products within the standard three working days, following the date of your order, please contact us on email@example.com stating your order number and delivery postcode.
8.12. Part Delivery of Products
8.12.1. If there is any product missing from your order, please contact us within 3 days on firstname.lastname@example.org stating your order number and delivery postcode.
8.13. Your right of return and refund
8.13.1. You have a legal right to cancel a Contract during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
8.13.2. Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract between us is formed.
8.13.3. If you wish to cancel the order, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website.
8.13.4. You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described above. If you returned the Products to us because they were faulty or mis-described, please see clause below.
8.13.5. If you have returned the Product(s) to us under this clause because they are faulty or mis-described, we will refund the price of a defective product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.13.6. We refund you on the credit card or debit card used by you to pay.
8.13.7. If the Product(s) was delivered to you, you will be responsible for the return, including (unless the Product(s) was faulty or mis-described.
8.13.8. You have a legal obligation to keep the Product(s) in your possession and to take reasonable care of the Product(s) while they are in your possession.
8.13.9. Details of your legal right to cancel and an explanation of how to exercise it are also provided in the Order Confirmation.
8.13.10. As a consumer, you will always have legal rights in relation to Product(s) that are faulty or not as described.
8.13.11. You may return most items in a new and unused condition and wherever possible in the original packaging.
8.14. Our liability to you
8.14.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract
8.14.2. We only supply the Product(s) for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any unforeseeable losses nor any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.14.3. We do not in any way exclude or limit our liability for; death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession), any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987.
8.15. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control such as any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you and our obligations under a Contract will be suspended.
8.16.1. Any complaints should be addressed to the Managing Director and emailed to email@example.com
8.17. Goods Reserved for Collection
8.17.1. The Company is prepared to set aside goods for collection by customers, but if goods are set aside, where customers have paid for goods in advance and these goods will be retained for a period of 30 days from the date of payment. If the goods have not been collected by this date, the Company reserves the right to issue a full refund and return the goods to Company stock
8.18. General Information
8.18.1. We act as an intermediary for a variety of suppliers and therefore the suppliers will fulfil the orders for products placed with us.
8.18.2. Whilst we accept requests for a telephone call from transport agencies to advise an approximate time of delivery, we cannot guarantee this service to our customers and it is not included in our specified delivery prices.
8.19. Gift Vouchers
Gift Vouchers are issued with an expiry date printed on them. Gift Vouchers presented after their expiry date are void and cannot be exchanged or refunded. Gift Vouchers cannot be exchanged for cash. Gift Vouchers cannot be refunded or returned except in accordance with your legal rights.
8.20. Transfer of Obligations
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms provided we notify you in advance of delivery.
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect
- Legal Effect
Please note that these Terms are governed by English law. This means a Contract for the purchase of Product(s) through Our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.