Terms & Conditions

 1. Definition and Interpretation

          2. Age Restrictions

          3. Business Customers

          4. International Customers

          5. Intellectual Property

          6. Third Party Intellectual Property

          7. Fair Use of Intellectual Property

          8. Links to Other Websites

          9. Links to this Website

          10. Use of Communications Facilities

          11. Accounts

          12. Termination and Cancellation

          13. Goods, Pricing and Availability

          14. Delivery

          15. Returns Policy

          16. Privacy

          17. Disclaimers

          18. Changes to the Service and these Terms and Conditions

          19. Availability of the Website

          20. Limitation of Liability

          21. No Waiver

          22. Previous Terms and Conditions

          23. Third Party Rights

          24. Communications

          25. Law and Jurisdiction

In this Agreement the following terms shall have the following meanings: 


 1. Definition and Interpretation

“Account”

means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

“Carrier”

means any third party responsible for transporting purchased Goods from our Premises to customers;

“Content”

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Goods”

means any products that TouchOfGrass.co.uk advertises and  / or makes available for sale through this Website;

“Supplier”

means P&S Flooring Ltd T/A TouchOfGrass.co.uk, Unit 2, Deacon Trading Estate, Chingford, London, E48QF

“Service”

means collectively any online facilities, tools, services or information that TouchOfGrass.co.uk makes available through the Website either now or in the future;

“Payment Information”

means any details required for the purchase of Goods from this Website.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchase Information”

means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

“Premises”

Means our place(s) of business located at Unit 2, Deacon Trading Estate, Chingford, London, E48QF;

“System”

means any online communications infrastructure that TouchOfGrass.co.uk makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Website and is not employed by TouchOfGrass.co.uk and acting in the course of their employment; and

“Website”

means the website that you are currently using (https://www.touchofgrass.co.uk).

 

2.Age Restrictions
 Persons under the age of 18 should use this Website only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.
  
3.Business Customers
 These Terms and Conditions DO ALSO apply to customers buying Goods in the course of business.
  
4.International Customers
 If Goods are being ordered from outside’s TouchfGrass.co.uk’s country of residence, import duties and taxes may be incurred once your Goods reach their destination.  TouchofGrass.co.uk is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and TouchofGrass.co.uk cannot guarantee that the packaging of your Goods will be free of signs of tampering.
  
5. Intellectual Property
5.1Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of TouchOfGrass.co.uk, our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
5.2Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by TouchofGrass.co.uk
  
6.Third Party Intellectual Property
6.1Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
  
7.Fair Use of Intellectual Property
 Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
  
8. Links to Other Websites
 This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of TouchofGrass.co.uk or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
  
9.Links to this Website
 Those wishing to place a link to this Website on other sites may do so only to the home page of the site TouchOfGrass.co.uk without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of TouchOfGrass.co.uk.
  
10.Use of Communications Facilities
10.1When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
10.1.1You must not use obscene or vulgar language;
10.1.2You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3You must not submit Content that is intended to promote or incite violence;
10.1.4It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
10.1.5The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
10.1.6You must not impersonate other people, particularly employees and representatives of TouchOfGrass.co.uk or our affiliates; and
10.1.7You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
10.2You acknowledge that TouchoOfGrass.co.uk reserves the right to monitor any and all communications made to us or using our System.
10.3You acknowledge that TouchOfGrass.co.uk may retain copies of any and all communications made to us or using our System.
10.4You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
  
11.Accounts
11.1 In order to purchase Goods on this Website and to use the enquiry form facilities you are not required to create an Account, Creating an Account on this website is merely an option which is available for convenience. If created, Your Account will contain Name, Address, Email Address, and Telephone Number. We do not, and will never store payment information. By continuing to use this Website you represent and warrant that:
11.1.1all information you submit is accurate and truthful;
11.1.2 you have permission to submit Payment Information where permission may be required; and
11.1.3you will keep this information accurate and up-to-date.
11.1.4

Your creation of an Account is further affirmation of your representation and warranty.

11.2 It is recommended that you do not share your Account details, particularly your username and password.  TouchOfGrass.co.uk accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. 
11.3If you have reason to believe that your Account details have been obtained by another without consent, you should contact TouchOfGrass immediately to suspend your Account and cancel any unauthorised purchases that may be pending.  Please be aware that purchases can only be cancelled until they are dispatched.  In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, TouchOfGrass.co.uk accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

 

 
12.Termination and Cancellation
12.1Either TouchOfGrass.co.uk or you may terminate your Account.  If TouchOfGrass.co.uk terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.2 If TouchOfGrass.co.uk terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
12.3TouchOfGrass.co.uk reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
12.4If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
12.5If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
  
13Goods, Pricing and Availability
13.1Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from TouchOfGrass.co.uk correspond to the actual Goods, TouchOfGrass.co.uk is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.  Please refer to Clause 15.1 for incorrect Goods.
13.2Where appropriate, you will be required to select the required Width and input the required Length of the Goods that you are purchasing.
13.3TouchOfGrass.co.uk does not represent or warrant that such Goods will be available. Stock indications are provided on the Website, with clear descriptions of when Goods will be available if they are currently unavailable.
13.4All pricing information on the Website is correct at the time of going online.  TouchOfGrass.co.uk reserves the right to change prices and alter or remove any special offers from time to time and as necessary. 
13.5In the event that prices are changed during the period between an order being placed for Goods and TouchOfGrass.co.uk processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
13.6

All prices on the Website are inclusive of VAT.

P&S Flooring Ltd T/A TouchOfGrass.co.uk - VAT number 935314040

13.7

For all products and orders we reserve the right to over supply each cut length by up to 50cm.

In accordance with BS 3655 - The Roll Materials Tolerance of +/- 1.25% - TouchOfGrass.co.uk can not be held responsible if the set width of an order is 1.25% less, or more, than desired width.

 

14.

Delivery
14.1TouchOfGrass.co.uk will notify you by way of email when your goods are to be dispatched to you.  The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you
14.2 If TouchOfGrass.co.uk receives no communication from you, within 2 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
  
15Returns Policy
 TouchOfGrass.co.uk aims to always provide high quality Goods that are fault free and undamaged.  On occasion however, goods may need to be returned.  Returns are governed by these Terms and Conditions.
15.1

If you receive Goods which do not match those that you ordered, you should contact us within 2 days to arrange collection and return.  TouchOfGrass.co.uk is responsible for paying shipment costs.  You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods.  Refunds and replacements will be issued upon our receipt of the returned Goods.

15.2If any Goods you have purchased have faults when they are delivered to you, you should contact TouchOfGrass.co.uk within 28 days to arrange collection and return.  TouchOfGrass.co.uk is responsible for paying shipment costs.  Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, you will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods
15.3If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.
15.4If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged.  In any event, you should report such damage to TouchOfGrass.co.uk within 10 days and arrange collection and return.  TouchOfGrass.co.uk is responsible for paying shipment costs.  Upon receipt of the returned Goods, you will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods.
15.5In line with distance trading regulations, all cut to length order items can only be returned to TouchOfGrass.co.uk if they are found to be faulty.
15.6 If you wish to return Goods to TouchOfGrass.co.uk for any of the above reasons, please contact us using the details on our conact details page to make the appropriate arrangements.
15.7TouchOfGrass.co.uk reserves the right to exercise discretion with respect to any returns under these Terms and Conditions.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
15.7.1Any use or enjoyment that you may have already had out of the Goods;
15.7.2

Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

Such discretion to be exercised only within the confines of the law.

  
16.Privacy
 Use of the Website is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by this reference.  To view the Privacy Policy, please click on the link above.
  
17. Disclaimers
17.1 Whilst TouchOfGrass.co.uk uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
  
18

Changes to the Service and these Terms and Conditions

TouchOfGrass.co.uk reserves the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If TouchOfGrass.co.uk is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

  
19Availability of the Website
19.1The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  .
19.2TouchOfGrass.co.uk accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
  
20Limitation of Liability
20.1To the maximum extent permitted by law, TouchOfGrass.co.uk accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
20.2Nothing in these Terms and Conditions excludes or restricts TouchOfGrass.co.uk’s liability for death or personal injury resulting from any negligence or fraud on the part of TouchOfGrass.co.uk.
20.3Nothing in these Terms and Conditions  excludes or restricts TouchOfGrass.co.uk’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
20.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal
  
21No Waiver
 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy
  
22Previous Terms and Conditions
 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
  
23Third Party Rights
 Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and TouchOfGrass.co.uk.
  
24.Communications
24.1All notices / communications shall be given to us either by post to our Premises (see address above) or by email to sales@touchofgrass.co.uk.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24.2If an Account is created, and ‘Newsletter’ has been selected up creation, TouchOfGrass.co.uk may from time to time send you information about our products and/or services.  If you do not wish to receive such information, please visit ‘My Account > Newsletter > and select no, to unsubscribe at any time.
  
25Law and Jurisdiction
 These Terms and Conditions and the relationship between you and TouchOfGrass.co.uk shall be governed by and construed in accordance with the Law of England and Wales and TouchOfGrass.co.uk and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.