Topsoil.co.uk is owned and operated by Topsoil Direct Limited (company number 03460390) of Breighton Airfield, Bubwith, Selby, North Yorkshire, YO8 6DJ (“Topsoil.co.uk”)
1.1 “Cancellation and Return Policy” means the Policy set out in clause 7.
1.2 “Carrier” means the third party engaged by Topsoil.co.uk to deliver the Goods.
1.3 “Goods” means the items you order from us as detailed on the Order Form (including turf) or any alternative items supplied to you pursuant to clause 6.1.2.
1.4 “Order” means your offer to purchase Goods from Topsoil.co.uk.
1.5 “Order Form” means the form completed by you online when you Order the Goods (referred to on the Website as “Basket”).
1.6 “Turf” means turf. It should be borne in mind that turf is a growing and therefore a changing product.
1.7 “Website” means www.Topsoil.co.uk
2. PLACING AN ORDER
2.1 Browse the Website and select your chosen Goods.
2.2 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.
2.3 You may select a delivery date while placing your order. Alternatively, Topsoil.co.uk will agree a delivery date with you by telephone. Please see our delivery information for more detail about delivery options and charges.
2.4 If you make any errors in your selections up to this point, you can leave the ordering process.
2.5 After completing and submitting the Order Form, you will receive an e-mail confirming the details of the Goods ordered. No agreement exists between you and Topsoil.co.uk until you receive this e-mail. At any stage before placing the Order you may click back through the screens and amend any details you have inputted and/or choose not to continue with the Order.
2.6 Topsoil.co.uk will record your agreement to these Conditions, but will not file a copy of the concluded contract. You can use the “Print” facility of your browser to print a copy of these Terms for your own reference.
2.7 Any specifications, formulations, data, literature and statements as to seed content, seed weight, seed ratios, grass ratios, seed and grass species, suitability, performance or otherwise, issued and descriptions and samples 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.
2.8 Where you choose not to place your order using the Website you may place your Order by telephone. Where this applies, references to the Order Form shall refer to the details agreed between you and Topsoil.co.uk at the time of placing your order.
3.1 The Website sets out the price of the Goods, in pounds sterling, next to the illustration/description of the Goods, except where the page indicates you must call for a price, where a price will be quoted once you have advised us of 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.
3.2 Unless otherwise stated, the price is inclusive of any delivery charge; any additional delivery surcharges shall be as set out on the Website.
3.3 Topsoil.co.uk 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.
3.4 Unless otherwise stated, the price is inclusive of any VAT payable in the United Kingdom.
4.1 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 “Acknowledgement of Order” e-mail sent out as described in clause 2.5 will confirm the price paid by you.
4.2 Payment can be made by credit or debit card or Paypal. Payment will be deducted from your credit/debit card or Paypal account on the date when Topsoil.co.uk accepts the order and delivers confirmation to you as described in clause 2.5.
5. AVAILABILITY AND DELIVERY
Where an Order is accepted and a confirmation is sent to you as described in clause 2.5 for Goods which are not turf, topsoil, wood chips or bark, your Order will be processed and clauses 5.1, 5.2 and 5.3 shall apply:
5.1 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.
Goods cannot be delivered to any address outside of the UK mainland.
Topsoil.co.uk will aim to deliver Goods within five working days.
Topsoil.co.uk cannot be held responsible if the delivery address provided by you is incorrect.
5.2 Topsoil.co.uk will use reasonable endeavours to ensure that delivery takes place within the time specified in clause 5.1 and that the items displayed on the Website are in stock. However, you acknowledge that the time for delivery specified in clause 5.1 is an estimate and that, in particular, Topsoil.co.uk cannot control delays taking place once the Goods have been despatched by Topsoil.co.uk. Your rights under these Conditions if the Goods are not delivered within the timescales set out in clause 5.1 are set out in clause 6.
5.3 Topsoil.co.uk reserves the right to refund your payment in the event that the Goods ordered by you, or a suitable delivery service are unavailable.
Where an Order is accepted for turf, topsoil, wood chips or bark and a confirmation is sent to you as described in clause 2.5 your Order will be processed and clauses 5.4 to 5.8 shall apply:
5.4 Topsoil.co.uk will deliver the turf, topsoil, wood chips or bark on the delivery date agreed in accordance with clause 2.3 to the agreed delivery address, and will deliver the Goods by Carrier.
5.5 Deliveries of turf, topsoil, wood chips and bark 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.
5.6 You must provide sufficient and safe access to the point of unloading as described in our delivery information. Topsoil.co.uk is able to deliver turf, topsoil, wood chips or bark if you are not present, but in these circumstances we can accept no liability for any deterioration in or theft of any of the items delivered. Neither can we accept responsibility for the consequences of the positioning of the pallets by the Carrier. It is preferable that you are available at the delivery address to accept delivery.
5.7 Goods cannot be delivered to any address outside of the UK mainland.
If your Order contains both turf, topsoil, wood chips or bark and Goods which are to be delivered in accordance with clauses 5.1 to 5.3, each part of your Order will be delivered separately in accordance with the relevant parts of this clause.
6.1 If the Goods (other than turf, topsoil, wood chips or bark) have not been delivered to you 5 days after the latest date for delivery to your address as set out in clause 5.1 you should contact Topsoil.co.uk using the details available at www.Topsoil.co.uk/contact-us. You will then be given the option of:
6.1.1 cancelling your Order. Topsoil.co.uk will then refund the price you paid in accordance with the Cancellation and Return Policy provided that should the Goods subsequently arrive you agree to notify Topsoil.co.uk and to return the Goods to Topsoil.co.uk (at Topsoil.co.uk’s expense) or if you wish to keep the Goods you agree to make payment for the Goods if you have not already done so; or
6.1.2 choosing alternative items displayed on the Website up to the same value as the Goods or allowing Topsoil.co.uk to send you further Goods or a suitable alternative item of the same value of the Goods, provided that should the original Goods subsequently arrive you agree to notify Topsoil.co.uk and to return to Topsoil.co.uk (at Topsoil.co.uk’s expense) one set of the Goods or if you wish to keep both the original and replacement Goods to make payment for the replacement Goods; or
6.1.3 waiting for an agreed time period after which if the Goods are not available to you then options 6.1.1 and 6.1.2 will be available to you.
6.2 If Topsoil.co.uk does not deliver turf, topsoil, wood chips or bark within 24 hours of the agreed delivery date, unless non-delivery is due to your failure to comply with the provisions of clause 5.6, you should contact Topsoil.co.uk using the details available at www.Topsoil.co.uk /contact-us. You will then be given the option of:
6.2.1 cancelling your Order. Topsoil.co.uk will then refund the price you paid in accordance with the Cancellation and Return Policy; or
6.2.2 arranging a revised delivery date, in which case clauses 5.4 to 5.8 shall apply to the revised delivery date.
6.3 Topsoil.co.uk shall not be liable for any non-delivery of Goods unless notice is given to Topsoil.co.uk within 10 working days starting from the day after the last date for delivery had delivery taken place in accordance with the timetable set out at clause 5.1 or such other time as agreed in accordance with clause 6.1.3, or in respect of turf, topsoil, wood chips or bark within 10 working days starting from the agreed delivery date. Such notice should be to the postal or e-mail addresses or telephone number set out at www.Topsoil.co.uk/contact-us.
6.4 If for any reason (other than exercising your rights set out in the Cancellation and Return Policy to return the Goods) you will not accept delivery of the Goods or Topsoil.co.uk is unable to deliver the Goods on time because you have not provided appropriate instructions, including but not limited to inputting the correct delivery address on the Order Form or (in respect of topsoil, wood chips or bark because you have failed to comply with clause 5.6 or any instructions set out in our delivery information), Topsoil.co.uk may store the Goods until delivery whereupon you will be liable for all related costs and expenses.
6.5 In respect of turf, if you will not accept delivery of the turf for any reason (other than under clause 7.4), or Topsoil.co.uk 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 5.6 or any instructions set out in our delivery information, Topsoil.co.uk may store the turf in accordance with clause 6.4. However, due to the perishable nature of turf, it may not be possible for Topsoil.co.uk to store the turf, and in the event that it is not possible to store and redeliver the turf, Topsoil.co.uk will not be able to refund any sums paid by you in respect of the turf.
6.6 Where Goods cannot be delivered because of the circumstances detailed in clause 6.4 or 6.5 and you ask for the Goods to be re-delivered Topsoil.co.uk reserves the right to make an additional delivery charge at the applicable rate set out in clause 3.2. In respect of turf, Topsoil.co.uk reserves the right to charge for replacement turf in addition to the sums already paid by you in respect of the original turf.
7. CANCELLATION AND RETURN POLICY
This clause 7 sets out Topsoil.co.uk’s Cancellation and Return Policy. It sets out your rights to cancel your Order and return the Goods.
7.1 You may cancel your Order at any point after you place your Order until the end of 14 days beginning with the day after the date on which you receive the Goods.
7.2 In circumstances where Goods are intended for purposes related to your trade, business or profession and you are not acting as a consumer, clause 7.1 shall not apply. You may only cancel your Order in accordance with 7.5.
7.3 In circumstances where you cancel your order after the Goods have already been despatched, you are responsible for the cost of returning the goods to Topsoil.co.uk.
7.4 If you cancel your Order and wish to return the Goods under this clause, the following provisions will apply:
7.4.1 to cancel your order you should contact Topsoil.co.uk in writing, by email or post, using the details available at www.Topsoil.co.uk/contact-us
7.4.2 in order to improve our customer service we will ask why you wish to return the Goods;
7.4.3 Goods must be returned complete, in an unused and undamaged condition;
7.4.4 Once you have notified us that you are cancelling your Order, we will repay any sums paid by you for the Goods as soon as possible and in any event within 14 days of receiving your notice of cancellation provided that the Goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the Goods delivered to you or do not pay the costs of delivery we shall be entitled to deduct the direct costs of recovering the goods from the amount to be repaid to you.
PLEASE NOTE THAT THE RIGHT TO CANCEL YOUR ORDER UNDER CLAUSE 7.1 DOES NOT APPLY TO TURF AS IT IS PERISHABLE AND LIKELY TO DETERIORATE RAPIDLY ONCE HARVESTED IN FULFILMENT OF YOUR ORDER.
7.5 If you wish to return the Goods because they do not comply with these Conditions, any of your statutory rights, or where Topsoil.co.uk has not supplied the correct Goods, you should contact Topsoil.co.uk using the details set out in clause 7.4.1 within a reasonable period of discovering the fault or error. If you agree to return the Goods at Topsoil.co.uk’s expense, you may ask Topsoil.co.uk to send you replacement Goods, or to repay any sums paid by you for the Goods within 14 days.
7.6 Your rights under clause 7.5 do not arise where packaging has been damaged in transit but the Goods themselves are undamaged.
7.7 Turf is highly perishable and, if not laid promptly in accordance with the instructions given to you by Topsoil.co.uk may deteriorate rapidly. Where the turf is not rolled out immediately in spring/summer and within 24 hours in autumn/winter (or such other timescale as is advised by Topsoil.co.uk), Topsoil.co.uk will not accept responsibility for such deterioration, and will not accept a return of the turf due to such deterioration. It is therefore your responsibility to ensure that you are able to lay the turf before agreeing a delivery date.
7.8 You should also be aware that the ongoing condition of turf will be dependent on factors beyond Topsoil.co.uk’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 after delivery. While Topsoil.co.uk shall be liable for any failure of the turf 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 in the manner advised by Topsoil.co.uk or due to external factors.
7.9 If you exercise your right to cancel your Order in accordance with clause 7.4.1, Topsoil.co.uk will repay any sums paid by you for the Goods within 14 days of you telling Topsoil.co.uk that you have cancelled your order.
8. RISK AND PROPERTY
8.1 Risk of damage to, or loss of, the Goods shall pass to you upon delivery of the Goods.
8.2 Ownership of the Goods shall not pass to you until Topsoil.co.uk 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 Topsoil.co.uk from you on any Order.
8.3 If you intend to return or exchange the Goods in accordance with the Cancellation and Return Policy, you must take reasonable care of the Goods pending their return to Topsoil.co.uk.
9.1 Topsoil.co.uk warrants that it has title to sell the items that it displays on the Website.
9.2 Topsoil.co.uk will not be responsible for any losses suffered by you which were:
9.2.1 not foreseeable to Topsoil.co.uk and you when you placed your Order; or
9.2.2 not caused by any breach on the part of Topsoil.co.uk.
9.3 Nothing in these Conditions excludes or limits the liability of Topsoil.co.uk for fraudulent misrepresentation or death or personal injury caused by the negligence of Topsoil.co.uk or its employees.
9.4 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:-
9.4.1 Topsoil.co.uk 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.
9.4.2 Subject to clauses 9.4.1, 9.2 and 9.3, Topsoil.co.uk’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 Topsoil.co.uk under this Agreement in respect of the relevant Goods.
PLEASE NOTE THAT Topsoil.co.uk 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
9.5 Topsoil.co.uk 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. Topsoil.co.uk shall have no liability towards you for any loss or damage that you may suffer as a result of circumstances beyond Topsoil.co.uk’s reasonable control.
10.1 Failure or delay by Topsoil.co.uk in enforcing or partially enforcing any provision of these Conditions will not be construed as a waiver of any of its rights under them.
10.2 Any waiver by Topsoil.co.uk of, or any default under, any provision of these Conditions by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of these Conditions.
10.3 Topsoil.co.uk reserves the right to defer the date of performance or cancel any agreement under these Conditions without liability to you if it is prevented from or delayed in the carrying on of its business due to circumstances beyond Topsoil.co.uk’s reasonable control provided that if the event in question continues for a continuous period in excess of 30 days, you shall be entitled to give written notice to Topsoil.co.uk to cancel such agreement and obtain a refund of any sums paid.
10.4 Any notice required to be given to Topsoil.co.uk shall be in writing and sent by post or by e-mail to the contact details available at www.topsoil.co.uk/contact-us unless otherwise notified. Any notice required to be given to you by Topsoil.co.uk shall be in writing and sent by post or email to the addresses that you provided when ordering the Goods, unless otherwise notified.
10.5 You agree with Topsoil.co.uk that any agreement made under these Conditions is between you and Topsoil.co.uk only and it is not intended to be enforceable by any other person who is not a party to it.
10.6 These Conditions shall be governed by English law. You submit and Topsoil.co.uk submits to the non-exclusive jurisdiction of the English Courts.
10.8 You may contact us by telephone, post or e-mail via the contact details available at www.topsoil.co.uk/contact-us.
10.10 You acknowledge that Topsoil.co.uk may change these Conditions from time to time. The terms which apply to your purchase of the Goods will be the Conditions which were in force on the date you placed your order.