These Terms and Conditions (the “Terms”) apply to the entire contents of the Website under the domain name www.grassandair.com (the “Website”) and to any correspondence by e-mail between us and you. Please read these Terms carefully before using the Website. Using the Website indicates that you accept these Terms regardless of whether or not you choose to register with us. If you do not accept these Terms, do not use the Website. This notice is issued by Grass and Air Limited, a company registered in England and Wales under company number 09469335 and having its registered office at Eco Works, Midland street, Ardwick, Manchester, M12 6LB.
For your convenience, we have listed below some general information about ourselves:
Our e-mail address is [email protected]
Our VAT number is GB 243707707
You may access most areas of our Website without registering your details with us. Certain areas of the Website are only open to you if you register.
By accessing any part of the Website, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave the Website immediately.
These Terms are dated 7th August 2019. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause. We reserve the right to revise these Terms at any time by updating this posting. You should check the Website from time to time to review the then current Terms, because they are binding on you as a Customer (individual purchasing Goods from the Website) or User (individual browsing the Goods) of the Website. Certain provisions of these Terms may be superseded by expressly designated legal notices or Terms located on particular pages at the Website. By continuing to use and access the Website following such changes, you agree to be bound by any variation made by us.
- These Terms and Conditions will apply to the purchase of the Goods (items advertised for sale on our Website) by you (the Customer). We are Grass and Air Limited, a company registered in England and Wales under number 09469335 whose registered office is at Eco Works, 4 Midland Street, Lancashire, M12 6LB with email address [email protected]; telephone number 0161 272 5873; (the Supplier or us or we). Our VAT number is GB 243707707.
- These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms Before placing an order on the Website, you will be asked to agree to these Terms by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
- Whilst we endeavour to ensure that the Website is normally available 24 hours a day. We do not promise that the website is available at all times nor do we promise the uninterrupted use by you of the Website. We shall not be liable if for any reason the Website is unavailable at any time or for any period.
- We may suspend or terminate operation of the Website at any time as we see fit.
- Access to our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
- Each registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network.
- Responsibility for the security of any passwords issued rests with you.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Ownership, use and intellectual property rights
- The Website and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
- Nothing in these Terms grants you any legal rights in the Website other than as necessary to enable you to access the Website. You agree not to adjust, to try to circumvent or delete any notices contained on the Website (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Website.
- The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability.
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Accuracy of information
- Whilst we try to make sure that the Website is accurate, up to date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Website will be fit or suitable for any purpose. Any reliance that you may place on the information on the Website is at your own risk.
- Content is provided for your general information purposes only and to inform you about us and our products and news, future services. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
Nature of the Goods
- The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘Statutory rights’), for example, the goods:
- Are of satisfactory quality;
- Are fit for purpose; and
- Match the description, sample or model.
- We must provide you with goods that comply with your legal rights.
- The packaging of the Goods may be different from that shown on the site.
- While we try to make sure that:
- All weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance of up to 5% in such weights, sizes and measurements in the goods; and
- The colours of our Goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.
- Any Goods sold at discount prices will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
Basis of Sale
- The description of the Goods in our Website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- We may contact you to say that we do not accept your Order. This is typically;
- The Goods are unavailable;
- We cannot authorise your payment;
- You are not allowed to buy the goods from us;
- We are not allowed to sell the goods to you;
- You have ordered too many goods; or
- There has been a mistake on the pricing or description of the goods.
- A contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Price and Payment
- The price of the Goods and any additional delivery or other charges that are set out on the Website at the date of the Order or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods. Payment is usually taken within 1-3 days of an Order being placed. Payment can also be made using the secure PayPal option.
- We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
- If any Goods from a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Limitation on our liability
- Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
- Losses that were for foreseeable to you and us when these Terms were formed, or
- That were not caused by any breach on our part;
- Business losses; or
- Losses to non-consumers.
Cancellations, Returns, Refunds
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- This is a distance contract (a contract made between the parties that are not in the presence of one another when the contract is created) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
- goods that are made to your specifications or are clearly personalised,
- in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
- grassandair.com guarantee to refund the cost of any item you are not completely happy with when you return it to us unworn, in a saleable condition, in its original packaging with tags still attached, within 14 days of receipt.
- Refunds will be credited to your original method of payment. Refunds will be credited within 7 working days of receipt of the returned goods back to our warehouse.
- If you would like to return your order from anywhere in the world, please post to Grass & Air, 4 Midland Street, Ardwick, Manchester, M12 6LB. Please include a note with your name, order number and reason for return, otherwise we will be unable to process your return. Note: The refund will be to the cost of the item only and will not include the delivery charge. Refunds will be credited to your original method of payment. Items returned are at the customer’s own cost and liability.
- If the item you received is faulty, please email [email protected] quoting your order number, your name and address, details of what is wrong with the product and if you would like an exchange or be issued with a full refund. You will then be contacted within 24 hours of receipt of email. Please note you must contact us within 48 working hours of receiving your item.
- If the item you received is incorrect, please email us within 48 hours of receiving your item, quoting your order number, your name and address, details of which item you would like to exchange.
End of the contract
- If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
- We will try to resolve any disputes with you quickly and efficiently.
- If you are unhappy with the goods, our service to you or any other matter, please contact us as soon as possible.
- If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
- Let you know that we cannot settle the dispute with you; and
- Give you certain information required by law about our alternative dispute resolution procedure.
- If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
- Whilst we endeavour to ensure that the information on our Website is correct, we do not warrant the accuracy and completeness of the material on our Website. We may make changes to the material on our Website, or to the products and prices described in it, at any time without notice. The material on our Website may be out of date, and we make no commitment to update such material.
- The material on our Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with access to our Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to our Website.
Governing law and jurisdiction
- This legal notice shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.