The company means Dandy’s (Chester Ltd), Company No: 5033416. The customer means any person contracting with the company for the supply of products or services. Delivery means delivery by the company or any haulier employed by the company directly or indirectly. These conditions may only be modified by a variation in writing signed on behalf of the company by a director. Submission of a purchase order online will be taken as agreement to these conditions of sale.
2. Supply of Products
Products are sold under the express understanding that:
The customer and the company are contracting in the course of their respective business and except as stated in writing by the company no condition or warranty is given or implied by law, custom, usage or otherwise as to the quality or fitness for any purpose of the goods sold by the company.
The customer fully understands that turf is a growing crop and therefore an ever changing product. The customer fully understands that turf is a perishable product, which must be properly laid on properly prepared topsoil, we recommend Dandy's Lawnmix® Topsoil. The customer understands that once delivered, turf must be rolled out and laid within 2 hours and must be watered twice a day (morning & evening) until the turf has rooted down and is able to source its own moisture. Even then your lawn should be watered if conditions require.
The customer understands that bark is measured when packed and due to the nature of the product a degree of settlement will occur. The customer is also aware that bark is measured by our certified loading bucket which is stamped and measured by Trading Standards and not by the dimensions of the bag it is delivered in.
The customer understands that ungraded and unscreened soils may contain foriegn objects and debris as this product has not been through any screening process. Although our soils are obtained from greenfield sites we cannot guarantee that third parties will not have thrown bits of rubbish or otherwise into the soil. If the customer is concerned about this debris then we suggest that they purchase our screened to 5mm Lawnmix Topsoil.
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 within 5 working days after the complaint has been logged. A refund will then be made for the original purchase price.
All prices quoted by the company for the sale of products online include the cost of delivery to the postcode entered by the customer on the home page or on the individual product pages.
Customers are required to pay by credit or debit card at the time of ordering.
Prices quoted are all inclusive of VAT and delivery within four working days unless stated otherwise. All items (however delivered) shall be at the customers risk from the time of collection (if so collected) or from the time of delivery. After such time the company shall be under no liability for loss, damage or deterioration of items from whatever cause arising.
3. Delivery
Dandy’s standard free delivery option means your products will be delivered within 4 working days. To specify a quicker delivery time please choose our Next Day delivery service - this service is an extra charge of £19.95. Cut off points for order and dispatch are 10am each working day. Working days are classed as Monday to Friday, excluding bank holidays. e.g. If an order is placed prior to 10am on a Monday then delivery will be on the Thursday. If an order is placed at 10.20am on a Monday then delivery will be on the Friday. Orders placed on a Monday prior to 10am on a Next Working Day Delivery will be delivered on the Tuesday; if placed after 10am on a Monday on a next working day service then delivery will be on the Wednesday.
The company will make every effort to deliver products ordered on the agreed date, but, if for any reason the company is unable to deliver then no liability will fall to the company; whether in damages or otherwise, for delay of whole or any part of the goods ordered arising from any cause whatsoever.
Delivery by the company shall be conditional upon access free from encumbrances and good roads being available to the company’s vehicles to the place of delivery.
The company will not accept any liability for damages to property caused during delivery.
The customer understands that where able, our delivery driver will try and place products ordered on the customer's driveway and therefore agrees that their driveway is capable of withstanding the weight of a small forklift truck. If not, the customer agrees to accept responsibility to provide a suitable area free from access restrictions for the delivery to be left. The customer also understands that the company can only guarantee a kerbside delivery and that ultimately they are happy for goods to be left kerbside, should the driver encounter any problems offloading onto a driveway or other specified area.
If the company or its agent cannot gain access to the delivery address then additional costs may be incurred and shall ultimately fall to the customer. Deliveries are made using large vehicles and it is the customer's responsibility to inform the company if there may be an access problem. The company will confirm the outcome by e-mail. In such cases that delivery, in the opinion of the company is not possible, then the company reserves the right to cancel the order. This above action must be completed before 2.00 pm on the day prior to delivery. E-mail confirmation of orders also request the customer to contact the company if a delivery problem may occur.
Our delivery vehicles use tail lift offloading (for bulk bags or small bags) or tipping mechanism (in the case of loose loads). It must be emphasized that the delivery vehicle must be able to park in an area where the delivery is to be made. In the case of our tail lift (kerbside) offloading vehicle a pallet truck is then used to manoeuvre the items off the tail lift to the kerbside delivery point.The customer understands that as kerbside deliveries are made using a manually manoeuvred pump truck, it is not possible to leave goods on uneven surfaces such as gravel, grass or on slopes of any kind. It is your responsibility in some areas of the UK to obtain a permit from your local council to have bulk bags left on the kerbside.
The customer, or somebody appointed by the customer, should be at the delivery point to accept the delivery.
If a certain method of delivery vehicle is required it is the customer’s responsibility to inform the company of these special requirements within 2 hours of the order being made.
The company reserves the right to cancel or hold any orders that the company deems may suffer from potential delivery problems and the customer understands that delivery dates may be delayed in these instances.
If products are out of stock then the company also reserve the right to cancel or hold orders in this situation.
4. Company’s Premises
The customer will at all times be responsible for the security and insurance of the products after a delivery has been made.
The customer will comply with all requirements of Health & Safety Legislation
Delivery will be made on a kerb side delivery basis and it will be the customer’s responsibility to move the products from the place of delivery to the area of laying. Where possible we will deliver onto the customers property, i.e. driveway
The company accepts no responsibility for injury or damage caused to persons or equipment whilst on company premises.
5. Cancellation
If you place an order online and then cancel the order before your products have been despatched a refund will credited to your account less an administration charge of £23.50 per tonne bag.
If you cancel your order after your products have been despatched a refund will be credited to your account less already incurred haulage charges of £82.25 per tonne bag or pallet.
If you cancel a bulk order (deliveries made loose, by tipper vehicle) up to 48hrs prior to delivery a refund will be credited to your account less an administration charge of £23.50. If you cancel a bulk order (deliveries made loose, by tipper vehicle) after the delivery vehicle has left the premises on route to your delivery point; a refund will be credited less the haulage charges which will have already occurred. This amount will differ depending on the size of load which has been ordered and depending on the distance the vehicle has travelled.
If you wish to cancel a bulk order (deliveries made loose, by tipper vehicle) after the delivery has already been made it will be your own responsibility to return the goods to Dandy’s (Chester) Ltd premises on Sealand Road, Chester.
If you cancel your order within 7 working days of delivery, you will be issued a full refund once the goods have been returned to the company, at your cost, as per the Distance Selling Regulations.
6. Dandys Ltd and Customer agreement
I, the customer agree that I have read and fully understand all the terms and conditions above, I understand that once I click on the order button I will be liable for any delivery charges incurred if I then cancel the order, as well as any costs for redelivery of the goods to Dandys (Chester) Ltd. I have viewed the pictures of the products I have ordered and understand the quantity which will be delivered.
I also understand that all products that Dandy’s supplies are naturally occurring products and may have slight variations in colour, size and content, individual rocks, stones or cobbles made be broken or misshaped because of this. I understand that sizes of products specified are approximate and can vary.
I understand that the delivery will be made by way of a 7.5 tonne vehicle or larger to my kerbside or where access allows, driveway and understand it is up to me to transport goods thereafter. I confirm there is enough room for access. I also understand that if there is any possibility of there not being access (in the delivery driver’s view) I may be liable for a redelivery charge. I understand that most deliveries are stacked on pallets and it is my responsibility to dispose of the pallet safely.
I understand that the tonne bags are non returnable and for health and safety reasons can only be used once.
I acknowledge that if the delivery doesn’t arrive on time I have no claim against Dandy’s (Chester) Ltd (although every effort is taken to get deliveries to customers within specified 12 hour period, achieving this for 99% of our customers)
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.
