"Customer" means the person who buys or agrees to buy the goods from Pitchworks.
"Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by Pitchworks.
"Delivery date" means the date specified by Pitchworks when the goods are to be delivered.
"Goods" means those goods specified.
"Consumer" shall have the meaning ascribed in section 12 Unfair Contract Terms Act 1977.
Making an order
All items are subject to availability.
When you buy something from the Pitchworks site you warrant to us that you are resident in the UK, that you are accessing Pitchworks from the UK that you are at least 18 years old and legally capable of entering into binding contracts and that you accept the terms and conditions described here.
All orders placed by you are subject to acceptance by us and we will confirm such acceptance to you by e-mail. If we are unable to accept your order, we will contact you by email, telephone or post to inform you.
Prices quoted in the guide are correct at the time of going to press. Goods will be invoiced as priced at the date of placing and paying for the order. However occasionally because of circumstances beyond our control, we may have to adjust the price of any item before dispatch; we will give you the opportunity to cancel your order if we change an items price after confirmation but before dispatch.
All items must be paid in full with funds cleared before any item is dispatched. You may make a payment online/over the telephone/by cheque. Account holders must refer to the separate terms and conditions set out in their contracts
Whether or not the risk in goods sold shall have passed to the customer the property and goods shall be and shall remain in the company until the company has received payment in full for them together with payment in full for any other goods supplied by the company to the customer the price for which is overdue for payment
Every item has an individual carriage charge, which is in addition to the purchase price, the carriage charge is only applicable to deliveries throughout the UK Mainland however there are conditions applied to some areas of mainland UK which may incur additional carriage charges and extended delivery lead times. Refer to the delivery page to identify restricted areas.
Value Added Tax
All our prices are exclusive of V.A.T. Grass seed is zero rated.
Notwithstanding the provisions of the title clause goods supplied by the company shall be at the customers risk immediately on delivery to the customer or into custody on the customers behalf (whichever is sooner) and the customer should therefore be insured accordingly.
Any complaint as to goods supplied work done or services rendered is to be notified to us in writing within seven days.
Delay & Delivery
So long as any circumstances beyond reasonable control of the company may prevent, hinder or delay delivery, the company shall not be bound to make delivery of any goods which it may have contracted to manufacture, sell or supply and the company shall not be liable in any matter whatsoever for the failure or delay in delivery when so prevented, hindered or delayed.
Are subject to alteration without prior notice, we reserve the right to use alternative materials if we find that they are more materials and prices suitable or necessary. If it should be necessary to change grass seed cultivars, only varieties of similar performance will be used.
Claims for damaged goods must be notified to the company head office by telephone or telefax within three days of delivery with written confirmation to be received by head office by post within seven days of delivery.
CANCELLATIONS HANDLING CHARGES REFUNDS AND RETURNS
Cancelled orders before goods have been dispatched:
You may cancel your order at any time prior to dispatch and will incur a charge of 10% of order value to cover administration and payment refund charges
Cancelled orders after goods have been dispatched:
We reserve the right to levy a handling charge of up to 30% on returned goods. APPROVAL FROM HEAD OFFICE MUST BE OBTAINED BEFORE GOODS ARE RETURNED. When an article is not a stock item and is obtained to fulfil a specific order, it cannot be returned for credit.
Orders cancelled by Pitchworks Ltd:
Should this action be necessary, a full refund will be given unless the order is cancelled to prevent any fraudulent act in which case we reserve the right to levy a handling charge of up to 15% of the value.
Insolvency of buyer
In the event of the buyer becoming insolvent, going into liquidation, becoming subject to an administration order, making voluntary arrangements with its creditors or becomes bankrupt or gives reasonable grounds for causing Pitchworks to apprehend that any of the events mentioned is about to occur, Pitchworks shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Products have been delivered but not paid for the Price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary.
Pitchworks shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Pitchworks premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.
Law and jurisdiction
These terms and conditions shall be governed by English Law and any dispute, question or remedy howsoever arising determined exclusively by the English Courts.