In these conditions of sale:

The company means www.pumphousefarm.co.uk

• Correspondence address: Pumphouse Farm Ltd, St Georges Road, Hightown, L38 3RY
• The customer means any person contracting with the company for the supply of products or services.
• Delivery means delivery by the company or any subcontractor employed by the company directly or indirectly.

These conditions may only be modified by a variation in writing signed on behalf of the company.

Submission of a purchase order online will be taken as agreement to these conditions of sale.

Products are sold under the express understanding that:

• Contracts for the supply of goods or services to retail or domestic customers are governed by The Sale of Goods Act 1979 (as amended) and supplied in compliance with, The Consumer Protection (distance selling) regulations 2000 as amended by S1689 2005. Any customers contacting in the course of their business are excluded from consumer protection legislation and are contacting with the company on a business to business basis.
• The customer is made aware that for all natural products, the company cannot guarantee that the appearance and/or colours of products shown on this site exactly reproduce the appearance and/or colours of the physical products themselves. Natural products may show some colour variations. All sizes quoted are approximate.
• The customer fully understands that turf is a perishable product, which must be properly laid on properly prepared ground with no risk to drought and adequately watered within 6 hours of delivery if conditions are dry.
• 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 at the Customer’s expense, within 5 working days after the complaint has been logged. Once returned, a refund can be made for the original purchase price less original delivery/haulage costs.
• Customers are required to pay by credit card/debit card at the time of ordering.
• Prices quoted are all-inclusive & delivered unless otherwise stated.
• All products (however delivered) shall be at the customer’s risk from the time of delivery. After such time the company shall be under no liability for loss or damage or deterioration of the products from whatever cause arising.

• The company will make every effort to deliver on the agreed date, but if for any reason the company is unable to deliver then no liability whether in damages or otherwise for delay of whole or any part of the goods ordered arising from any cause whatsoever.
• Delivery shall be conditional upon access free from encumbrances and good roads being available to the vehicles to the place of delivery.
• The company will not accept any liability for damages to property caused during delivery.
• 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 us if there may be an access problem. The company will confirm the outcome by email. In such cases that delivery, in the opinion of the company or the delivery agent is not possible, then we reserve the right to cancel the order. This above action must be completed before orders are despatched. Delivery vehicles use tail lift offloading, and it must be emphasized that the delivery vehicle must be able to park in an area where the delivery is to be made.
• It is the responsibility of the customer to ensure that the delivery area is a flat hard standing area. The company takes no responsibility for the delivery if the customer does not inform us if this is not the case. A pallet truck may then used to manoeuvre the products off the tail lift to the kerbside delivery point. The customer, or somebody appointed by the customer, should be at the delivery point to accept the delivery.
• We can only guarantee kerbside delivery, however where possible the driver may move the pallet onto your driveway if you have one. Please note, it is only possible to deliver or move a pallet on a firm level surface ie concrete, tarmac & paving etc.  We cannot deliver or move a pallet on soft or uneven surfaces such as gravel, grass or steep slopes.

• The customer has the right to cancel any product order except for perishable goods which are listed in sub point 4 below, prior to despatch of the product. Despatch may be up to five working days prior to delivery and we are unable to cancel orders after despatch.
• Cancellations are not accepted by telephone and must be arranged by email.
• Customers are required to return the goods, at their own expense, to our site office:  Pumphouse Farm, , St Georges Road, Hightown, L38 3RY, within 7 working days of  delivery.
• Perishable goods eg Turf, and fresh produce; Turkey, Geese, Sausages. All other goods are non-perishable
• Perishable goods are excluded from cancellation under The Consumer Protection (distance selling) regulations 2000 as amended by S1689, 2005.

Any order amendments must be made before goods are dispatched,. A unique amendment reference will be returned with your amendment confirmation email, this will be needed in any further correspondence or dispute.

• The customer will at all times be responsible for the security and insurance of their equipment.
• The customer will comply with all requirements of Health & Safety Legislation
• Delivery will be made on a kerbside delivery basis and will be the customer’s responsibility to move the products from the place of delivery to the area required.
• The company accepts no responsibility for injury or damage caused to persons or equipment whilst on company premises.

Working days are Monday, Tuesday, Wednesday, Thursday and Friday.  Saturday, Sunday and any Bank, Public or Statutory Holidays are not working days.

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.

This policy does not affect your statutory rights.

This terms of use (together with the policies referred to in it) tells you the terms of use on which you may make use of our website backyardfarmer.co.uk (“our site“), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy & Cookie Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us and which sets out information about the cookies on our site. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

If you proceed to order or purchase our services, our Terms will apply to the provision of those services.

INFORMATION ABOUT US

Our site is operated by Pumphouse Farm Ltd. Correspondence Address: Pumphouse Farm, St Georges Road, Hightown, L38 3RY

Company  Reg: 12179979  VAT No: 333 6758 84

CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

CHANGES TO OUR SITE

We may update our site from time to time,  and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

ACCESSING OUR SITE

Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

YOUR ACCOUNT AND PASSWORD

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

NO RELIANCE ON INFORMATION

The content on our site is provided for general information only. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; use of or reliance on any content displayed on our site; loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

APPLICABLE LAW

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

CONTACT US

To contact us, or if you wish to make any use of content on our site other than that set out above please email [email protected].