Terms and Conditions

Wildflower Turf Ltd – Terms and Conditions

1. Definitions and interpretation

In these Conditions, unless the context requires otherwise:

1. “Business Day” means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
2. “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions accepted in writing by us.
3. “Contract” means the contract under which we supply the Goods to you in accordance with these Conditions.
4. “Estimated Delivery Date” means the date specified by us when the Goods should be delivered to you, as set out in the Order Confirmation or to be confirmed by us once the Goods are ready for dispatch.
5. “Goods” means the goods which you agree to buy, and we agree to supply, on the terms of the Contract.
6. “Order” means your offer to purchase the Goods from us, which may include a completed order form.
7. “Order Confirmation” means our written acceptance of your Order by way of an order confirmation email.
8. “Price” means the price for the Goods excluding carriage, packing, insurance and VAT.
9. “Specification” means any specification for the Goods that is agreed in writing between the parties.
10. “you”, “your” means the person who buys or agrees to buy the Goods from us.
11. “we”, “us”, “our” means Wildflower Turf Ltd, Ashe Warren Farm, Overton, Basingstoke, Hants RG25 3AW.
12. A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time, including all subordinate legislation.
13. A reference to “writing” or “written” includes email.
14. Words following the terms “including”, “include”, “in particular”, or similar expressions are illustrative and do not limit the preceding words.

2. These Conditions

1. These Conditions apply to all contracts for the sale of Goods by us to you to the exclusion of all other terms and conditions.
2. All Orders are deemed to be an offer by you to purchase Goods pursuant to these Conditions.
3. The Contract comes into existence once we issue an Order Confirmation.
4. A quotation does not constitute an offer and is valid for 30 days unless otherwise stated.
5. Any variation to these Conditions must be agreed in writing by one of our directors.
6. Images, samples, drawings and descriptions are illustrative only and do not form part of the Contract. Natural variation in appearance may occur.

3. Price and payment

1. The Price shall be as set out in the Order Confirmation or at checkout.
2. The Price is exclusive of VAT.
3. Payment is due:
   • for website orders, on placement of the Order; or
   • for all other sales, three Business Days before the Estimated Delivery Date, unless agreed otherwise in writing.
4. Deposits are non-refundable unless otherwise stated.
5. Credit terms are at our discretion and may be withdrawn at any time.
6. Time for payment is of the essence.
7. Interest on overdue amounts accrues at 8% above the Bank of England base rate.
8. Failure to pay may result in suspension or cancellation of supply.
9. We may set off any amounts owed to us against amounts owed by us.

4. The Goods

1. The quantity shall be as set out in the Order Confirmation.
2. Errors must be notified within two Business Days.
3. We may make minor changes to comply with legal or safety requirements.

5. Delivery of Goods

1. Delivery will take place at the location and on the date stated in the Order Confirmation.
2. Delivery is completed upon unloading.
3. Delivery dates are estimates only.
4. If delivery is refused or missed, you agree to reimburse resulting costs, including relaying, watering, re-lifting and redelivery.
5. You must accept delivery within 30 days of the Estimated Delivery Date.
6. Quantity discrepancies of up to 5% are permitted.
7. Acceptance occurs at 5pm on the next Business Day after delivery.
8. After acceptance, Goods may not be rejected.
9. Title and risk pass upon completion of delivery.

6. Order changes and postponements

1. Order terms are final unless varied at our discretion.
2. Postponements are subject to clause 6.1.
3. A revised Order Confirmation may be issued.

7. Order cancellations

1. Free cancellation is permitted up to four full Business Days before the Estimated Delivery Date.
2. Later cancellations incur fees ranging from 25% to 100% of the Contract value plus carrier costs.
3. Deposits are applied against cancellation fees.
4. Free cancellation rights may be excluded for bespoke Goods.

8. Warranties

1. Goods will conform to the Specification and be free from material defects at delivery.
2. Our obligation is limited to repair, replacement or refund.
3. Exclusions apply where defects arise from misuse, alteration or normal wear.
4. Statutory implied terms are excluded to the fullest extent permitted by law.
5. These Conditions apply to replacement Goods.

9. Liability

1. Nothing limits liability that cannot legally be limited.
2. Indirect and consequential losses are excluded.
3. Our total liability is capped at the total Contract price.
4. You indemnify us against losses arising from your breach.

10. Termination

1. We may terminate immediately for material breach or insolvency-related events.
2. We may suspend supply for non-payment.
3. All outstanding sums become immediately payable on termination.
4. Accrued rights survive termination.

11. Force majeure

Neither party is liable for failure caused by a Force Majeure Event. If such delay exceeds six weeks, the unaffected party may terminate on seven days’ notice.

12. General

1. Assignment by you requires our written consent.
2. This Contract constitutes the entire agreement.
3. Waivers must be in writing.
4. Invalid provisions are severed without affecting the remainder.
5. Notices may be sent by post or email.
6. No third-party rights arise under this Contract.
7. Governing law is England and Wales.
8. The courts of England and Wales have exclusive jurisdiction.