TERMS AND CONDITIONS OF SALE
OF
Kennedysturf.co.uk
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation that buys or agrees to buy Goods, Services or Licences from the Seller
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods, Services or Licences incorporating these Terms and Conditions
1.4 "Goods, Services or Licenses" means the articles that the Buyer agrees to buy from the Seller
1.5 "Seller" means Kennedys Turf LTD of 8 Guide Street, Salford, Manchester, M50 1BX
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller
1.7 "Website" means Kennedysturf.co.uk
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods, Services or Licences by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer unless agreed otherwise by the seller in writing.
2.3 Use of the website and/or payment for or acceptance of delivery of the Goods, Services or Licences shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.
3 ORDERING
3.1 All orders for and purchases of Goods, Services or Licences shall be deemed to be an offer by the Buyer to purchase Goods, Services or Licences pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order or purchase for any reason.
3.2 Where the Goods, Services or Licences ordered by the Buyer are not available immediately the Buyer shall be notified and given the option to either wait until the Goods, Services or Licences are available or cancel the order and receive a full refund within a reasonable period of time.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the FAQ section of the Kennedysturf.co.uk website.
4 PRICE AND PAYMENT
4.1 The price of the Goods, Services or Licences shall be that stipulated on the Website.
4.2 The total purchase price will be displayed in the Buyer's shopping cart prior to confirming the order.
4.3 After a purchase is made or an order is received the Seller shall confirm on screen or by email the details, description and price for the Goods, Services or Licences.
4.4 Payment of the price must be made in full before dispatch of the Goods, Services or Licences.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order or makes a purchase.
5.2 The Seller reserves the right to withdraw any Goods, Services or Licences from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods, Services or Licences from the Website or for refusing to process an order or a purchase.
6 WARRANTY
The Seller warrants that the Goods, Services or Licences will at the time of dispatch correspond to the description given by the Seller.
7 DELIVERY
7.1 Goods or Services supplied within the UK will normally be delivered within a reasonable period of time of acceptance of order or purchase. Please allow up to 5 working days for delivery.
7.2 Goods or Services will only be supplied within the UK mainland and there are exclusions as detailed when placing an order.
7.3 Where a specific delivery date has been agreed in writting, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a refund. Delivery dates displayed in the shopping cart are approximate delivery dates and the delivery may arrive before or after this date.
7.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.5 Delivery of the Goods or Services shall be made to the Buyer's postal or email address specified in the order or purchase and the Buyer shall make all arrangements necessary to take delivery of the Goods or Services whenever they are tendered for delivery. The buyer must be present at the time of delivery to sign for the goods.
8 CANCELLATION AND RETURN
8.1 It is the responsibility of the Buyer to ensure the Goods or Services are suitable for the purpose or application of the Buyer. The Buyer shall inspect the Goods or Services immediately upon receipt and shall notify the Seller by telephone if the Goods or Services are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods or Services.
8.2 Where a claim of defect or damage is made, the defect shall be communicated by the Buyer to the Seller and the Buyer may be asked by the Seller to return the Goods. The Buyer shall be entitled to a replacement (including delivery costs) plus any return postal charges if the Goods are in fact defective.
9 LIMITATION OF LIABILITY
In the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
12 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.