Terms and Conditions of Supply

This page (together with the documents referred to on it) tells you the terms and conditions on which the Company supplies any of the products (Products) listed on the Company’s website, www.jprfarmdirect.co.uk (the site) and our leaflets to you. Please read these terms and conditions carefully before ordering any Products from the site or on the telephone. You should understand that by ordering any of the Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked I accept at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from the site.

www.jprfarmdirect.co.uk is a site operated by JPR Farm Direct Limited (Company). The Company is registered in England and Wales under company number 4142476 and with registered office at Cartledge House Farm, Great Hucklow, Buxton, Derbyshire SK17 8RG.

The site is only intended for use by people in the United Kingdom. The Company does not accept orders from individuals outside the United Kingdom.

By placing an order through the site, you warrant that:

you are legally capable of entering into binding contracts;
you are at least 18 years old;
you are resident in the United Kingdom; and
you are accessing the site from that country.

How the Contract is formed between you and the Company

After placing an order, you will receive an email or confirmation through the post, phone or by fax from the Company acknowledging that the Company has received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to the Company to buy a Product. All orders are subject to acceptance by the Company, and the Company will confirm such acceptance to you by sending you an email or confirmation through the post, phone or by fax that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between the Company (Contract) will only be formed when the Company sends you the Dispatch Confirmation.

The Contract will relate only to those Products whose dispatch the Company has confirmed in the Dispatch Confirmation. The Company will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

A purchase ordered by telephone or online will be taken as an agreement to these terms and conditions.

Supply of Products

Products are sold under the express understanding that:

1. You understand that:

1.1 turf is a living crop and therefore variable and non-returnable.

1.2 turf is a perishable product and must be laid properly on a suitable well prepared base.

1.3 turf should be laid within three hours of delivery and watered twice daily (am and pm) until it has rooted into the well prepared base and can source its own water. Water should continue to be supplied even after rooting if conditions require.

1.4 topsoil, composted Farmyard manure, barks and products containing bark as well as bespoke formulations and all other loose or bagged products, are measured when packed and some settlement will occur.

2. All sizes, quantities, measurements and colours given on the site and in any leaflet or verbal information are approximate.
The Products are from natural sources and therefore may vary in size colour and content.

3. Topsoil is not weed free unless stated and/or requested.
5. You understand that some products contain farmyard manure and precautions should be taken when handling these products, always wear gloves and wash hands thoroughly after use.

6. The Company requires a complaint to be made in writing by you within 48 hours of collection or delivery.

Price

Unless otherwise stated and except in case of obvious error, the price of any Products will be that quoted on the site and on the telephone.

The Company reserves the right to increase prices of any Products or delivery charges from time to time. Changes will not affect orders in respect of which the Company has already sent you a Dispatch Confirmation.

All prices are inclusive of VAT and delivery to the address notified by you to the Company.

The site contains a large number of Products and it is always possible that, despite the Company’s best efforts, some of the Products listed on the site may be incorrectly priced. The company will normally verify prices as part of its dispatch procedures so that, where a Product’s correct price is less than the Company’s stated price, the Company will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the site, the Company will normally, at its discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

The Company is under no obligation to provide the Product to you at the incorrect (lower) price, even after it has sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis -pricing.

Payment

You are required to pay by credit card / debit card or by cheque at the time of ordering, unless otherwise stated. The Company accepts Delta, Electron, Maestro, Mastercard, Solo and Visa. The Company will charge your credit or debit card at or shortly after accepting your order.

In addition the Company will contact you by telephone (using details you provide when ordering) to discuss delivery of the order. If the Company cannot contact you on the number(s) provided when ordering the Company will be unable to deliver the Products. If this happens the Company reserves the right to cancel your order and refund any monies paid by you.

Where payment is made by cheque, the Company will dispatch the Products to you once the cheque has cleared.

Availability and Delivery

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

The Company or its agents will contact you by telephone to agree a date for delivery and will make every effort to deliver the Products ordered on the agreed date. However if, for any reason, the Company is unable to deliver then no liability whether in damages or otherwise for delay of whole or any part of the Products ordered arising from any cause whatsoever.

You understand that large lorries, at least 7.5 tonne vehicles or larger and heavier, will deliver the Products to you. Delivery by the Company or its agents shall be conditional upon access to the delivery address being free from encumbrances and good roads being available to the Companys vehicles.

It is your responsibility to inform the Company of any access problem at the time of ordering as the delivery vehicles are large and heavy. The Company reserve the right to cancel any order where delivery may be difficult. If this occurs additional costs may be incurred by you for redelivery. The delivery vehicle must be able to park where the delivery is to be made. You are responsible for finding a suitable area free from access restrictions for the Products to be left at the delivery address.

You must be available at the delivery address provided to accept delivery. The Company or its agents cannot deliver the Products if you are not present.

The Company guarantees a kerbside delivery only and it is your responsibility to move the Products from the place of delivery to the area required.

The Company will not accept any liability for damages to property caused during delivery.

Offloading is completed with a vehicle tail-lift but alternatively a hyab or tipping vehicle may be used depending on your requirements.(There may be an additional charge for hyab deliveries and the Company will inform you of this at the time of ordering).The ground must be level and clear of obstructions. There must be no overhanging trees, telephone and electricity cables and sharp bends in the road or drive. In the case of a tail-lift offloading vehicle, a hand operated pallet truck is used to manoeuvre the Products off the tail lift to the kerbside delivery point.

Risk and Title

The Products are at your risk from the time of delivery or collection (if collected). After such time the Company shall be under no liability for loss of or damage to or deterioration of the Products from whatever cause arising.

Ownership of the Products will only pass to you when the Company receives full payment of all sums in respect of the Products, including delivery charges.

Pallets and Packaging

All pallets and packaging are non returnable as for health and safety reasons, they can only be used once.You are responsible for disposing of these pallets, packaging and bags safely.

Your obligations

You will be at all times responsible for the security and the insurance of the Products.

You will comply with all applicable Heath & Safety laws and regulations.

The Company accepts no responsibility for injury or damage caused to persons or equipment whilst on Company premises.

Cancellations/returns

If you are contracting as a consumer, you have the right to cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case you will receive a full refund of the price paid for the Products in accordance with the Company’s refunds policy.

To cancel a Contract, you must inform the Company in writing by:

Email to: sales@jprfarmdirect.co.uk; or

Fax to 01298 871206; or

Write to JPR Farm Direct Limited, Cartledge House Farm, Great Hucklow, Buxton, Derbyshire, SK17 8RG

You must return the Products to the Company immediately in the same condition in which you received them and at your expense. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation the Company may have a right of action against you for compensation.

You will not have any right to cancel a Contract for the supply of turf.

You will be asked why you wish to return the Products.

When you return a Product to the Company:

(a) because you have cancelled the Contract between us within the seven-day cooling-off period, the Company will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, the Company will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.

(b) for any other reason (for instance, because you claim that the Product is defective), the Company will examine the returned Product and will notify you of your refund via e-mail or by post within a reasonable period of time. The Company will usually process the refund due to you as soon as possible and, in any case, within 30Â days of the day the Company confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

The Company will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Liability

11.1 The Company warrants to you that any Product purchased from it through the site or by telephone is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

11.2 The Company’s liability for losses you suffer as a result of Company breaking this agreement is strictly limited to the purchase price of the Product you purchased.

11.3 This does not include or limit in any way the Company’s liability:
(a) For death or personal injury caused by the Company’s negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for the Company to exclude, or attempt to exclude, the Company’s liability.

11.4 The Company is not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.

The Customer

You acknowledge that you have viewed the images and descriptions of the Products you have ordered and understand the quantity which will be delivered to you.

General Provisions

Applicable laws require that some of the information or communications the Company sends to you should be in writing. When using the site, you accept that communication with the Company will be mainly electronic. The Company will contact you by e-mail or provide you with information by posting notices on the site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the Company provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

All notices given by you to the Company must be given to JPR Farm Direct Limited at Cartledge House Farm, Great Hucklow, Buxton, Derbyshire, SK17 8RG or info@jprfarmdirect.co.uk. The Company may give notice to you at either the e-mail or postal address you provide to the Company when placing an order, or in any of the ways specified above. Notice will be deemed received and properly served immediately when posted on the site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

The contract between you and the Company is binding on you and the Company and on your and the Company’s respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without the Company’s prior written consent.

The Company may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of its rights or obligations arising under it, at any time during the term of the Contract.

The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by events outside its reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Company’s reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.

The Company’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and the Company will have an extension of time for performance for the duration of that period. The Company will use its reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.

If the Company fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if the Company fails to exercise any of the rights or remedies to which it is entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by the Company of any default shall not constitute a waiver of any subsequent default.
No waiver by the Company of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

The Company and you acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

The Company has the right to revise and amend these terms and conditions from time to time [to reflect changes in market conditions affecting the Company’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in the Company’s system’s capabilities.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if the Company notifies you of the change to those policies or these terms and conditions before the Company sends you the Dispatch Confirmation (in which case the Company has the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

Contracts for the purchase of Products through the site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.