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Terms and Conditions

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Fabgrass Direct Terms

 

1 Company

Welcome to Fabgrass, trading under Fabgrass Limited, Company no. 11066272, registered office: 370-374 Nottingham Road, Newthorpe, Nottinghamshire, United Kingdom, NG16 2ED.

2 Access
You are provided access to our website in accordance with these terms and conditions and any orders placed must be placed strictly in accordance with these terms and conditions.

3 Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the terms and conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information.

4 Our Rights

We reserve the right to:
- Modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or
- Change the terms and conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the terms and conditions have been changed. If you do not agree to any change to the terms and conditions, then you must immediately stop using the website.

5 Third Party Links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:

- the privacy practices of such websites,
- the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or
- the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

6 Consumer Contracts Regulations 2013
This legislation offers you the following cancellation rights when you buy online or by phone:
- You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.
- Your right to return products does not apply to goods made to your specification (such as size cutting of artificial grass), that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
- If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
- To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
- You can cancel by email.
- If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery.
- We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

7 Description of Products
Each product purchased is sold subject to its product description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy.

Artificial grass production is subject to slight variation in pattern, blade length and colour. The company will not be held responsible for such variations.

8 Order Errors
If your order contains any errors you must immediately advise us by telephone or email. We will do our best to amend these for you however due to our quick dispatch this may not always be possible. Once your order has been dispatched no changes what so ever are possible and you will become liable for cancellation and return charges as outlined below. We reserve the right to refuse or cancel any order at any time prior to completed delivery, without being liable for any damages or costs incurred.

9 Delivery Times and Delivery Delays
We are unable to give a precise delivery time unless it has been agreed in advance. Our standard delivery time is 5 to 7 working days anytime between the hours of 8am and 8pm.
This is not a definitive guide. Please be aware that Fabgrass will not entertain any claim for compensation because of a late delivery, which is handled by a third party carrier and is out of our control. We cannot accept any liability for time or economic loss as a result of, but not limited to; advanced installation bookings, employment holiday, event delay and alike. Although we will make every effort to amend mistaken delivery addresses after the order has been placed, we cannot be held responsible for late deliveries if the customer has specified the incorrect address or postcode during checkout. If the order must then be forwarded to a new address, a charge for re-delivery will apply and we also reserve the right to deduct any such charge from any refund given should the order be subsequently cancelled.

Special instructions passed directly by yourself to the 3rd party carrier are treated as a non-guaranteed requests and are carried out at the carrier’s own discretion.

Proof of delivery is sufficient evidence to establish that goods have been received.

10 Your Delivery

Due to the size of some delivery vehicles any carriers delivering on our behalf must be informed of any restrictions regarding access.  This includes (but is not limited to); steps, any overhanging/low trees/shrubs, steep driveways, narrow lanes, tight bends or any other restrictions that may make it difficult for the delivery vehicle to gain access to the point of delivery.

Upon delivery it will be necessary for the driver to obtain a signature. Drivers are allocated a maximum of 15 minutes to offload and obtain a signature.

Fabgrass will not accept any claims for compensation arising from non/failed/refused/delayed/returned deliveries by either yourself or the carrier on the basis of being unable to unload to an agreeable location within a 15-minute timescale or are prevented from do so by access restrictions.

Re-delivery or cancellations charges will be applicable when your order is finally delivered or returned to us. Most carriers’ deliver to the curb side immediately adjacent to their vehicle, the driver is not permitted to enter your premises. (The handling of the artificial grass is heavy & the roll cannot be bent, it may be easier to leave it outside until ready to be fitted) This is the case especially if you live in a block of flats or offices, the carriers will only deliver to the ground floor entrance.

11 Failed Deliveries

If for any reason the carrier is unable to deliver.  Your order will be returned to the

carrier’s local depot where it will be held for a maximum of 3-5 days, then

automatically returned to us.  Charges will apply for re-delivery.  Cancellations will be

subject to fees.

If the carrier is able to leave your order with a neighbour or other deemed suitable

party, we cannot be held responsible if the order is left in the wrong location.  We

are unable to request the carrier to return and move the items.

 

12 Damages in Transit

As damages can occur in transit and issues can arise to prevent the delivery that are out of our control, we cannot accept any liability for time or financial loss as a result of, for example but not limited to; advanced fitter booking, employment holiday etc.

These provisions made are by your choice and at your discretion, but do not affect your statutory rights. We would also ask all customers to check their order in full prior to arranging any additional services or aforementioned costs, as we cannot be held liable for additional costs incurred. If your order is found to be incorrect on delivery or inspection, we will arrange for a replacement item or refund for any incorrect items at no additional cost to you.

If the order you receive has any damage on the exterior packaging you must check the contents and list the damage on the driver's delivery note, if the words 'goods delivered in good condition' are on the delivery form next to your signature they need to be crossed out. If you are at all worried about the goods being damaged, you must sign for the goods as ‘Damaged’ on receipt or refuse delivery. Any damage must be reported to Select Imports within 24 hours of signing. If someone else is signing on your behalf they must be made aware of the above. If the roll is damaged and you have failed to make any attempt to list this on the delivery note, Fabgrass or the carrier cannot be held responsible.

13 Your Acceptance of Material Supplied
We reserve the right to over supply each cut length but up to 1m. However, will follow the guidance of BS 3655 (roll materials tolerance of +/- 1.25%) with regard to shortage claims. We would always advise customers to take this into account when deciding on the measurements to purchase. We cannot be held responsible any orders that are too short within these British Standard tolerances. Our cutting machines are fully automated however errors of a size or material type nature may occur if miss programmed by the operator. We will investigate a claim for an error as soon as we are advised, this will involve confirming the data entered by the operator and also an item weight check obtained from the delivery carrier.

You will need to supply us with photographic evidence for all claims in relation to errors in material type supplied. If we are in agreement that an error has taken place we will immediately replace the items. We reserve the right for us to collect the original item/s before a replacement is dispatched in all cases where it is unclear to us how the error occurred. You must co-operate and make yourself available for collections (which may be on a different day than the replacement is received) of any item/s that needs returning to us. If the courier is unable to collect for any reason the uncollected item/s will be deemed as an outstanding debt at the full price, you will also be liable for all further costs involved in collecting and transporting of the return back to us.
We will not entertain any compensation claims regardless of fault due to errors in size or material supplied, we cannot accept any liability for time or economic loss as a result of, but not limited to; advanced installation bookings, employment holiday, event delay and alike. We recommend that you time your delivery to allow at least 3 working days before the required date so that you can fully check your order.

You must ensure that both yourself and/or your nominated installer are fully aware of the following:

-Once you or your installer has cut or made any modification to the material then you have accepted it as a suitable non-faulty product and it cannot be returned. This does not effect your statutory rights.

All items supplied must be carefully inspected before installation to check there is no issues in regard to; type, specification, size, quantity, colour matching, manufacturing faults or delivery damage. If any of the above are found in material supplied you must not commence installation, report the issue immediately to us by either telephone, email or fax. Do not install any items until we have replied to you, even if item is fault-free.

Under no circumstance what so ever will Fabgrass accept claims for any of the above once the material has been cut and/or installed in any way.

15 Distance Selling Regulations 2000
Under the Distance Selling Regulations 13c, you cannot cancel any customised orders once it has been cut and/or dispatched. However, if an order has already left our possession, we will require you to pay the associated costs of returning the item to us before we will refund the purchase as well as any cutting fees. Once the item has been delivered you have the standard 7 days statutory rights to report any manufacturing flaws or internal damage. However, if the product has been used (fitting / attempted fitting) or you do not have the packaging, this will be deemed as acceptance of goods and we will not accept the return.

16 Order Cancellations/Refused Deliveries
You may cancel your order for a full refund prior to your order being cut and/or dispatched. If you cancel your order after it has been dispatched, you are responsible for all freight charges incurred by Fabgrass. These freight charges will be based on carrier’s cost price.

If you refuse to accept delivery of your order for any other reason than the product being damaged in transit, you are liable for all outward and return freight charges incurred by your refusal. Please be aware that cut to size items also carry a minimum cutting fee.

17 Returns/Refunds
If the customer wishes to return a product within their 7 days statutory rights period a full refund (minus a 3rd party collection charge and cutting fee if applicable) will be issued if the following conditions are met:
• Goods must be rolled/sealed in the original packaging.
• Goods must not have been used, tampered with or fitted in any way
• Goods must be returned in full, including all parts and any free products or documentation.
• In accordance with Distance Selling Regulations, we require an email confirmation that you wish to return your item(s).

18 Collection Charges
We can collect with our carrier and provide you with a refund as long as the item or  un-fitted material can still be collected and safely transported back in the original  packaging. A charge for collection will be deducted from the refund if the product(s) are untainted and the customer changes their mind. This charge is dependent upon your location and the weight of the product(s).

Please be aware that return 3rd party collection charges are more expensive than original outbound delivery charges. If we have delivered the wrong order to you, or if the products arrived faulty, you will not be charged for the collection. If a product is returned as damaged/faulty by the customer, and upon inspection is found to be undamaged/without fault; we reserve the right to deduct collection charges and cutting fees from your refund.

19 Cutting Fees
When placing an order, which involved stating your required dimensions for the item, your order is tailored uniquely to your bespoke size. If you wish to cancel your order after the item has been cut to size (cutting commences immediately after payment is received), we reserve the right to charge a cutting fee of 25% of the total value, excluding delivery.

20 Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material including terms & conditions text or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by Fabgrass or our licensors.
You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

21 Compliance with Law
The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.

22 Limitation of Liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. Any advice implied or given contained within the website is given in good faith, it must not however be used as a definitive guide to an installation method, you must ensure you seek confirmation that any items ordered are suitable. The website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or
trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

- Any economic losses (including without limitation loss of revenues, profits, contracts,
business or anticipated savings); or
-Any loss of goodwill or reputation; or
-Any special or indirect losses Suffered or incurred by that party arising out of or in connection with the provisions
of any matter under the conditions. Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

23 Severance
If any part of the conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.

24 Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

25 Survival
Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

26 Entire Agreement
These conditions govern our relationship with you. Any changes to these conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Fabgrass and you are expected to do. You confirm that, in agreeing to accept the terms & conditions, you have not relied on any representation save in so far as the same has expressly been made a term of these conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions.
Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the conditions.

27 Law
The conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Standard 10-Year Warranty

1 Limited Warranty
Fabgrass, warrants the person or entity purchasing from Fabgrass, that under normal conditions, Fabgrass products will sustain their UV stability and tensile strength during the applicable 10-year warranty. For purposes of this warranty, a product whose original tensile strength does not decrease by more than 50% will be judged to have sustained its UV stability and tensile strength. The applicable warranty period begins on the date of installation and covers only products provided by Fabgrass and will not accept responsibility to damage or loss caused by third party installations.

2 Remedy
Fabgrass will replace to correct any defect, the product which Fabgrass deems as not complying with the above warranty. Fabgrass will not be held liable for the cost associated with removal and disposal of the defective grass nor the installation of the replacement grass.

3 Limitations on Coverage
This warranty is inapplicable to products used for any purpose or behaviour outside of regular garden usage. Such behaviour and purposes include, but are not limited to:
• Damaged caused by fireworks, barbeque or any other open flame.
• Failure to properly maintain, protect or repair the products.
• Post fibrillation after or during installation for purposes other than to get the
infill materials in place.
• Forces majeure or other conditions or acts of god beyond the reasonable
control of Fabgrass.
• Use of cleaning chemicals, herbicides or pesticides.
• Application of improper cleaning methods. • The surface being used for the purpose other than that for which it was
designed and installed.
• Use of improper footwear or sports equipment
• Any harmful chemical reaction to the product caused by infill materials.
• Wear or abrasion caused by an inadequate sub-base. • Drainage defects or deficiencies on the sub-base and/or its surrounding
areas.
• Excessive sporting activities.
• Subsidence caused by ground movement and/or tree roots.
• Burns, cuts, accidents, vandalism, abuse, negligence or neglect.
• Japanese Knot Weed, Bamboo, Mare’s Tail, Tree Root Growth or any other
horticultural external influence.
• Wild animal damage or any domestic pet including chemical damage caused
by domestic pet faeces or urine.
• Reflection from mirrors and/or glass onto the product.

All products are subject to normal wear and tear. In addition to the factors mentioned above, wear and tear depends on, without limitation, the intensity of the use of the product.

4 Notification of Claims

Claims under this warranty must be tendered in writing within 30 days after the discovery of the alleged defect, accompanies with proof of installation date, name of installation company, batch number, location of installation, product sample, sample of infill material and pictures showing the problem to:

Fabgrass Ltd
fabgrassinfo@gmail.com
61 Wessex Dr, Giltbrook, Nottingham NG16 2YP