You are agreeing to the following terms and conditions when purchasing from Select Floor coverings Ltd Trading as “Easy Lawn”:
1.1 Dispatch Policy
Supply Only delivery Goods, normally arrive between 8am and 5.30pm, Monday to Friday, in 10-15 working days of placing your order. Express delivery is also available on request. In the event that you are not available to provide a signature on the pre-arranged date, then you may be charged for re-delivery. Deliveries cannot be left outside in porches, garages or any other location. At this time, if you live above the ground floor (i.e. in a flat) we are only able to deliver your goods to the ground floor entrance. Please note: We only deliver to United Kingdom and Northern Ireland addresses. These delivery options relate to supply only.
1.2 Prices and Tax
The price shown for the goods excludes postage and packing unless specifically stated. The charge for postage and packing is separate subject to geographical location. The price you pay will include VAT.
1.3 Cancellations and Returns
If the grass is defective you must contact the office within seven days of the delivery to arrange a collection. All returns for any reason other than defective goods are subject to a collection charge. (Applicable for Internet Sales only). In accordance with the Distance Selling Regulations 2000 you have the right to cancel your order, upto 7 days after you receive the goods. To cancel your order you must inform us in writing, by email: [email protected] We will arrange with you for the goods to be collected from the delivery address, and will then refund the total amount paid for the goods. Refunds will be made by cheque or to the payment card that was initially used to make the purchase, within 30 days of cancellation.
1.4 Damaged Faulty Goods
The goods should be fully rolled out and inspected before use. Damaged / faulty or incorrect goods must be reported to us immediately, either by phone: 01253 838322,or email: [email protected] We will then make further arrangements with you to replace the goods. Do not use or fit the goods in anyway as you will be liable for the costs and if faulty you will be liable for keeping the faulty goods. If you are arranging an independent fitter or as the fitting company you are ordering goods to install, we suggest that you do not schedule any installation work until a few days after receiving the delivery. This will enable you to check the goods and resolve any technical issues. Please take a moment to check the details on the sales ticket, to ensure the correct products have been ordered and that the delivery address and other details are as you requested. If you have a query about your order, or a general enquiry about the products and service we provide, please contact us on 01253 838322.
Due to the molecular structure of the fabric it does crease when rolled. Creases will fall out within three months of the installation or supply. The grass is not classed as faulty if delivered or installed with creases. If Easy Lawn are installing the surface, Easy Lawn installers will over-stretch the grass and fix securely. The grass will de-crease quite noticeably on a daily basis.
Easylawn endeavour to make all seams as invisible as possible. However, seams are occasionally visible due to the molecular structure of the product. This is unfortunately inevitable and can be influenced by a number of factors. Our warranty does not cover seam visibility.
1.5 Product/installation Guarantee
All grasses we supply and install come with a minimum 5 year manufacturers and a 3 month installation Guarantee. The grass is designed to match the effects of real grass. Continued usage in a particular area will cause it to curl and crush. In these instances we recommend regular brushing.
Grass required for sports or heavy duty activities should be sand filled to avoid the pile crushing. Our grasses can be installed with or without sand but we recommend a sand dressing. Quotes can be provided by contacting the sales office. Although maintenance levels are low we recommend the following:
- Brush regularly to clear of debris.
- Top up sand levels regularly.
The grass itself rarely allows weeds to go through however seeds can germinate on the grass so maintenance of the surrounding areas is important; if this occurs a weed killer must be applied to be the surface.
We send out the grass from the same batch to ensure there are no slight colour differentials. Therefore please be aware if you want to add more grass to an area at a later date there may be a slight colouration difference. We suggest you make the decision now and order all the grass from the same batch. Easy Lawn cannot be liable for any differences in colour for the same product if ordered separately. The colour of goods may vary slightly from that shown on the website due to limitations of browser software and monitors. also samples and pattern books may vary slightly from current roll stock due to manufacturing batches.
All confidential information, including credit card details, are held securely. Customer details are not passed to third parties and are used only in accordance with the Data Protection Act.
The Contract will be governed by the laws of England and Wales and the parties to the Contract submit to the jurisdiction of the English Courts.
1.9 Consumer Rights
None of the above Terms and Conditions affect your statutory consumer rights.
2.1 QUOTATIONS AND ACCEPTANCE
i. A quotation by the Seller does not constitute an offer and the Seller reserves the right to withdraw or revise the same at any time prior to the Seller’s acceptance of the Buyers order. Any quotations shall in any event lapse unless the Seller accepts an order from the Buyer within 14 days of the quotation.
ii. The Sellers acceptance of the Buyers order (including telephone orders) shall be effective only when the Seller has confirmed in writing.
2.2 TERMS OF PAYMENT
i. Fitting/Installation/Labour(F.I.L.) Payments shall be payable separately from the Goods Total. Please pay F.I.L. to each Sub Contractor unless they are VAT registered no VAT is payable. Any payments made to Easy Lawn for F.I.L. shall be subject to a 10% administration charge + VAT. please see your quotation for breakdown of F.I.L.
ii. Payment of invoices shall be made in full without any deduction or set-off in accordance with the terms stated on the Sellers order acceptance forma and invoice. Time of payments shall be essence of all contracts between the Buyer and Seller. The Seller reserves the right to suspend the provision of goods to the Buyer where any amounts are overdue under any contract with the Buyer until all such amounts have been paid.
iii. Interest shall be payable on overdue accounts at the rate of 3% over Yorkshire Bank base rate from time to time to run from the due date for payment until receipt by the Seller of the full amount.
iv. Any credit given by the Seller to the Buyer may be withdrawn or limited at any time by the Seller on such notice as the Seller may think fit and consequently the Seller may refuse to deliver all or part of the goods other than against due tender of the price in accordance with any contract to which these conditions apply.
v. All payments made by the Buyer to the Seller shall be apportioned first to goods which have been resold by the Buyer and then to goods which remain in possession or under control of the Buyer notwithstanding any purported contrary appointment by the Buyer.
PLEASE DO NOT SIGN FOR THE ARTIFICIAL GRASS IF YOU FEEL IT HAS BEEN BENT OR DAMAGED IN ANY WAY.
Please sign the drivers paperwork as “UNCHECKED”
If you provide the driver with a signature you are accepting the goods have been delivered in perfect condition. We will not be able to make a claim on your behalf for damages if the freight company can provide us with a copy of your signature. Any claims must be made within 7 days of receipt of goods.
i. Delivery or dispatch dates mentioned in any quotation, order acceptance form or elsewhere are approximate only and not of any contractual effect and the Seller shall not be under any liability to the Buyer in respect of any failure to deliver on any particular date(s). Time for delivery shall not be of the essence of any contract to which these conditions apply and shall not be made so by the service of any notice. All orders for goods endorsed delivery as required or with no final completing date for deliveries are accepted on condition that the Seller is given reasonable time to make the goods and full delivery of the goods is taken within 6 months of the Sellers acceptance.
ii. Delivery will be on a ‘Delivered’, ‘FOB’ or ‘Ex works’ basis as stated on the order acknowledgement form. In the case of a sale ‘ex works’ the Seller shall not be liable for any loss or damage caused by any incident occurring during transit from its premises.
iii. If the Buyer refuses or fails to take delivery of goods tendered in accordance with the contract or fails to take action necessary on its part for delivery and/or shipment of the goods the Seller shall be entitled to terminate the contract with immediate effect, to dispose of the goods as the Seller may determine, and recover from the Buyer any loss and additional costs incurred as a result of such refusal or failure (including without limitation storage costs from the due date of delivery).
i. NOTWITHSTANDING DELIVERY AND PASSING OF RISK. THE GOODS SHALL REMAIN THE PROPERTY OF THE SELLER UNTIL SUCH TIME AS THE BUYER SHALL HAVE PAID TO THE SELLER THE AGREED PRICE (TOGETHER WITH ANY ACCRUED INTEREST) AND ALL OTHER AMOUNTS OWED BY THE BUYER TO THE SELLER.
ii. Until property in the goods has passed the Buyer shall be in possession of the goods in a fiduciary capacity and shall:
a) Not part with possession of the goods otherwise than in accordance with Condition 8.6.
b) Take proper care of the goods and take reasonable steps to prevent any damage to or deterioration of them.
c) Keep the goods free from any charge, lien or other encumbrance and store the goods in such a way as to show clearly that they belong to the Seller; and
d) Notify the Seller forthwith upon the happening of any events set out in condition 16.1
iii. The Seller reserves the right to repossess and resell the goods to which it has retained title and any right the Buyer may have to possession of the goods shall in any event cease.
a) If any sum owed by the Buyer to the Seller (whether in respect of the goods or otherwise) is not paid to the Seller by the dates it is due
iv. The Buyer hereby grants an irrevocable right and license to the Seller and its servants and agents to enter all or any of the Buyers premises with or without vehicles during normal business hours for the purpose of inspecting and/or repossessing goods to which it has retained title. This right and license shall continue to subsist notwithstanding the termination for any reason of any contract which is subject to these conditions and is without prejudice to any accrued rights of the Seller under such contracts or otherwise.
v. The Buyer is licensed by the Seller to process goods to which the Seller has retained title in such fashion as it may wish and/or to incorporate them in or with any products subject to the express condition that the new product or products or any other items of moveable property whatsoever containing any part of the said goods shall become property of the Seller and shall be separately stored and marked by the Buyer to show clearly that they belong to the Seller. The Seller shall hold the new product or products as trustee for itself and the Buyer and the Sellers interest as a beneficiary of the trust shall be equal to the total of all amounts owing by the Buyer to the Seller.
vi. The Buyer may in the ordinary course of business sell the goods or any new product or products produced with the Sellers goods provided that:
a) As between the Buyer and its sub-buyer or customer the Buyer shall sell the goods as principal and the Buyer shall not and shall not be empowered to commit the Seller to any contractual relationship with or liability to the sub-buyer or customer or any other customer.
b) As between the Seller and the Buyer, the Buyer shall sell the goods in a fiduciary capacity as agent for the Seller, and
c) Notwithstanding any agreed periods of credit for payment of the price of the goods the Buyer shall pay the proceeds of such sales to the Seller forthwith upon receipt. The Buyer acknowledges that as a consequence of its fiduciary relationship with the Seller it is under a common law duty to hold to proceeds of any such sales or hiring on trust for the Seller and not to mingle such proceeds with any other monies or pay them into an overdrawn bank account, such common law duty being unaffected by and wholly independent of the terms of these conditions.
vii. Notwithstanding the provisions of this condition 8 the Seller shall be entitled to bring an action against the Buyer for the price of the goods in the event of non-payment by the Buyer by the due date even though the property in the goods has not passed to the Buyer and/or shall not have the right by notice to the Buyer at any time after delivery to pass property in the goods to the Buyer is from the date of such notice.
i. None of the rights or obligations of the Buyer under these conditions may be assigned or transferred in whole or in part without the prior written consent of the Seller.
2.6 HEALTH AND SAFETY AT WORK ETC
i. The Buyer agrees to pay due regard to any information supplied by the Seller and relating to the use for which the goods are designed or have been tested or concerning conditions necessary to ensure that they will be safe and without risk to health at all times when they are being set, used, cleaned or maintained by any person at work and the Buyer undertakes to take such steps as may be specified by the above information to ensure that as far as reasonable practicable the goods will be safe and without risks to health at all times as are mentioned above.
i. The Seller shall be entitled to general lien on all goods and property owned by the Buyer in the Sellers Possession (although the Buyer may have paid for the same in full) in satisfaction of the whole or part as the case may be of the unpaid price of any goods sold and delivered to the Buyer under any contract. The Seller shall be entitled to offset any sum or sums owing to it from the Buyer against any sums owed to the Buyer from the Seller.