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Terms and Conditions
1. General
In these conditions of sale:
The company means Dandys (Chester) Ltd, Company No: 5033416.
The customer, you or your means any person contracting with the company for the supply of products or services.
Delivery means delivery by the company or any haulier employed by the company directly or indirectly.
These conditions may only be modified by a variation in writing signed on behalf of the company by a Director.
Submission of a purchase order online will be taken as agreement to these conditions of sale.
2. Supply of Products
Products are sold under the express understanding that:
The customer and the company are contracting in the course of their respective business and except as stated in writing by the company, no condition or warranty is given or implied by law, custom, usage or otherwise as to the quality or fitness for any purpose of the goods sold by the company.
The customer fully understands that turf is a growing crop and therefore an ever changing, perishable product.
The customer fully understands that turf is a perishable product, which must be properly laid on properly prepared topsoil, the company recommend Dandy's Lawnmix® Topsoil.
The customer understands that once delivered turf must be laid within 2 hours and must be watered twice a day (morning & evening) until the turf has rooted down and is able to source its own moisture. Following this the customers lawn should be watered if conditions require.
The customer understands that bark and mulch is measured when packed and due to the nature of the product a degree of settlement will occur. The customer is also aware that bark is measured by our certified loading bucket which is stamped and measured by Trading Standards and not by the dimensions of the bag it is delivered in.
The company require any complaint to be made in writing by the customer within 48 hours of collection or delivery. If the customer is dissatisfied with the product then it must be returned to the company within 5 working days after the complaint has been logged. A refund will then be made for the original purchase price.
All prices quoted by the company for the sale of products online include the cost of delivery to the postcode entered by the customer as their delivery destination on the home page or on the individual product pages.
Customers are required to pay by credit card/debit card at the time of ordering.
Prices quoted are all inclusive and delivered unless otherwise stated.
All items (however delivered) 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 items from whatever cause arising.
3. Delivery
Prices quoted all include free, kerbside delivery within 3 working days.
The company will make every effort to deliver products ordered on the agreed date, but, if for any reason the company is unable to deliver, no liability shall fall upon the company whether in damages or otherwise for delay of whole or any part of the goods ordered arising from any cause whatsoever.
Delivery by the company shall be conditional upon access free from encumbrances and good roads being available to the company’s vehicles to the place of delivery.
The company will not accept any liability for damages to property caused during delivery.
The customer understands that where able, our delivery driver will try and place products ordered on the customer's driveway and therefore agrees that their driveway is capable of withstanding the weight of a small forklift truck.
If not the customer agrees to accept responsibility to provide a suitable area free from access restrictions for the delivery to be left.
The customer also fully understands that the company can only guarantee a kerbside or roadside delivery and that ultimately they are happy for goods to be left kerbside or roadside, should the driver encounter any problems offloading onto a driveway or other specified area.
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 and it is the customer's responsibility to inform the company if there may be an access problem. The company will confirm the outcome by e-mail. In such cases that delivery, in the opinion of the company is not possible, then the company reserves the right to cancel the order. This above action must be completed before 2.00 pm on the day prior to delivery. E-mail confirmation of orders also request the customer to contact the company if a delivery problem may occur. A list of likely problems is also enclosed on the e-mail confirmation.
Our delivery vehicles use tail lift offloading for bagged products or tipper vehicles for loose loads. It must be emphasized that the delivery vehicle must be able to park in an area where the delivery is to be made. In the case of our tail lift (kerbside) offloading vehicle a pallet truck is then used to manually manoeuvre the items off the tail lift to the kerbside delivery point. The customer understands that as kerbside deliveries are made using a manually manoeuvred pump truck, it is not possible to leave goods on uneven surfaces such as gravel, grass or soil or on slopes of any kind. In these instances it is suggested that customers call our sales office before placing an order to discuss alternative delivery methods or points.
It is the customer’s responsibility in some areas of the UK to obtain a permit from the local council to have bulk bags left on the kerbside or roadside.
The customer, or somebody appointed by the customer, should be at the delivery point to accept the delivery.
If a certain method of delivery vehicle is required it is the customers responsibility to inform the company of these special requirements within 24 hours of the order being made.
4. Company’s Premises
The customer will at all times be responsible for the security and insurance of the products after a delivery has been made.
The customer will comply with all requirements of Health & Safety Legislation
Delivery for bagged goods will be made on a kerbside or roadside delivery basis and it will be the customer’s responsibility to move the products from the place of delivery to the area of laying. Where possible the delivery driver will attempt to deliver onto the customer’s property, i.e. driveway
The company accepts no responsibility for injury or damage caused to persons or equipment whilst on company premises.
5. Cancellation
If you place an order online and then cancel the order before your products have been despatched a refund will credited to your account less an administration fee of £23.50.
If you cancel your order after your products have been despatched but prior to delivery, a refund will be credited to your account less haulage charges of £82.25 per bulk bag or pallet which will already have been incurred.
If you cancel your order within 7 working days of delivery, you will be issued a full refund once the goods have been returned to the company at your cost as per the Distance Selling Regulations.
6. Dandys Ltd and Customer agreement
I, the customer, have read and fully understand all the terms and conditions above, I understand that once I click on the order button I will be liable for any delivery charges incurred if I then cancel the order as well as any costs for redelivery of the goods to Dandys (Chester) Ltd.
I have viewed the pictures of the products I have ordered and understand the quantity which will be delivered.
I also understand that all products that the company supplies are naturally occurring products and thus may have slight variations in colour, size and content, individual rocks, stones or cobbles made be broken or misshapen because of this. I understand that sizes and colours of products specified are approximate and can vary.
I also understand that any photographs I have viewed of products are of a sample typical of the overall product only and thus may not be identical to the products I have ordered.
I understand that the delivery will be made by way of a 7.5 tonne vehicle or larger to my kerbside or roadside or, where access allows, driveway and understand it is up to me to transport goods thereafter. I confirm there is enough room for access. I also understand that if there is any possibility of there not being access (in the delivery driver’s view) I may be liable for a redelivery charge. I understand that most deliveries are stacked on pallets and it is my responsibility to dispose of the pallet safely.
I understand that the tonne bags are non returnable and for health and safety reasons can only be used once.
I acknowledge that if the delivery doesn’t arrive on time I have no claim against Dandy’s (Chester) Ltd (although every effort is taken to get deliveries to customers within specified 12 hour period, achieving this for 99% of our customers)
These conditions and any contract or variation are governed by the law of England. Any disputes arising from these conditions or any contract or variation entered into by the company with the customer which cannot be settled in the ordinary course of business shall be referred to a single arbitrator in accordance with the arbitration act 1950 or any modification thereof for the time being in force.
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