Terms & Conditions
General:
This page (together with the documents referred to on it) tells you the terms and conditions which apply to the Lawn Products and Services listed on our website. Please read and understand these terms and conditions carefully BEFORE ordering any Products or Services from our site. We operate an English website for English speaking customers. If you do not understand anything on the site DO NOT ORDER. You should understand that by ordering any of our Products or Services, it is assumed that you have read the information on our web site, and that you agree to be bound by these terms and conditions. The web site is free and is there for advice only, it forms no part of any contract to purchase Products or Service. More information (Q/A's) with respect to common issues, is available on our Help page. We always recommend a soil test for pH and Composition before undertaking a new lawn or a lawn repair. We also recommend employing the services of a competent gardener.
The Contract will relate only to those Products or Services that we have confirmed in the Confirmation. We will not be obliged to supply any other Product or Services which may have been part of your order until it has been confirmed in a separate Confirmation. This contract is terminated, and the information archived, once delivery of the products has been completed.
Placing an order requires that you (the Client) strictly complies with the instructions/guidelines/advice that we provide, either in writing or on the website.
Products are supplied on the understanding that clients have read and fully understood the care/treatment/advice given on these web pages and that any telephone conversations form no part of this contract.
Customer Support:
Our customer support applies to customers who have already purchased products from us. Our support does not apply to Lawn projects, or soil tests. Any further information required is available on the website.
Private Clients:
Pre-payment with order is required.
Trade Clients:
As with private clients but discounts are available. Min order quantity for discounts is 1000 grass plugs.
Delivery of Products: Delivery
is door to door by courier. All orders are inspected by our chief grower before dispatch.
As we use a third party courier, we cannot stipulate exactly what day or time the client
will receive the products. Any specific delivery instructions should
be made clear by the client at the time of order. We will try our best
to comply with special delivery arrangements, but are not responsible
for the clients personal day to day movements. If
due to adverse weather conditions, fiestas or factors outside our control, we
reserve the right to re-schedule delivery. It
is the clients responsibility to provide a full delivery address and
Spanish (or destination country) contact telephone number, and be available to receive the
delivery. When
the delivery is to a third party address, it is the sole
responsibility of the client to handle all communications with that
third party, including making them aware of their care, responsibilities with respect to recieving the order, handling or
planting responsibilities under the terms of the clients order. We cannot be held responsible for any delays or hold ups caused by the postal or courier system, wrong or incomplete delivery address, fiestas, holidays or late payment of order.
So if you are not going to be at the delivery address when dispatch is notified, then DO NOT PLACE THE ORDER.
We cannot cater for deliveries on certain days or at certain times of the day.
Delays imposed by the client, or any of the clients sub contractors are not the responsibility of Lawns in Spain, and delays in delivery may incur additional storage or transportation costs. Our responsibility for the products does not include to delivery to third party recipients. Delivery to third parties is entirely the clients responsibility.
It is vital that the client (or his/her representative) is at the delivery address to receive the order. It is the responsibility of the client to notify us of any changes to the delivery address before the shipment notification by us to the client. If it is not possible for the courier to obtain receipt of the delivery from the client, the delivery may be attempted the following day, but equally, may be returned to the depot. We do not have the facilities and cannot accept returned packages. All returned undelivered packages for whatever reason will incur a further courier/delivery/loading/unloading charge and may even be disposed of at the expense of the client.
Once planted in their shipping trays, the grass plants only have a limited life without additional care. Storage of customers orders requires that we must water, fertilise and generally care for the plants over and above normal requirements. Therefore any delay in the ability of the client to receive delivery of the order on or around our recommended delivery date (for whatever reason) will incur an additional storage/care charge. In the case of plugs, 5 euros per tray per week (or part of). If a new delivery date is not supplied by the client, and an order cannot or is not delivered within 3 months of the original scheduled dispatch date, then Lawns in Spain reserves the right to resell the order to another client. If this is the case then a further admin charge may be applied to prepare a new order.
Communications:
We accept whatsapp as the initial point of contact only, for the convenience of clients. Apart from the initial contact, we do not support any business or support any negotiations or any correspondence via a mobile phone, text or WhatsApp. If the issue is important then please email us.
We may not necessarily reply to emails where the answer is available on the website.
Collection of Products:
Orders may be collected by customers (by arrangement) at a pre-arranged location.
Orders for 150 euros and above, must be prepaid or for orders less than 150 euros, paid in full when collected. We do not accept part payment for orders.
Quotations / Payment Tickets: All
quotes or payment tickets, whether verbal or in writing are valid for
7 working days.
Quotations supplied are to the best of our ability accurate, and are based on the information provided by the client. If this information is found to be inaccurate or incorrect then a further admin charge may be applied.
Payment tickets for orders that remain unpaid after 7 working days (unless stipulated otherwise) will be automatically cancelled and any offers or discounts that were on offer at that time will also be deemed cancelled. Payments received after 7 day will be refunded less a 50 euros admin fee. After 7 working days, should the order still be unpaid and still be required then there will be a 50 euros admin supplement added for raising a new Payment Ticket and re-processing the new order.
Special Offers / Discounts:
Offers and discounts are available from time to time.
But whether the offer is General (Published on the website or Specific (to a specific customer), terms and conditions still apply.
Special offers do not apply to any quotations or payment tickets that have already been generated and already contain discounts.
General offers will have their deatils published and Specific offers are on offer for 7 days.
These offers are also available on the understanding 'while stocks last' and also may only be available for a limited time.
This limited timescale is based on the client responding to the offer within 7 days, taking delivery of the ordered goods within the scheduled delivery period, and will also only be available if the client pays for the ordered goods within 14 days of the offer or payment ticket date (whichever is first), after which the offer will be withdrawn and the payment ticket/order automatically cancelled.
Outside these offer/discount periods please see our published prices, terms and conditions.
Orders:
All of our Products and Services should be made via an on-line purchase form. (see relevant form).
Min order quantity for grass plugs is 200 plants. Min order value for all other products is 150 euros. Order value calculated after discounts or special offers.
All orders should be placed using the online form, and include any directions or useful information to assist the delivery. All orders must have the customers actual address for delivery of goods and a Spanish (or local) contact number (as the courier will not telephone non Spanish (or non local) telephone numbers.
Orders will not be processed without a full delivery address and contact phone number.
For enquiries that do not have a Spanish (or local to you) contact number for the courier, we reserve the right to charge a further 10 euro supplement on the cost of the order for phone charges. We do not accept text messages or phone orders. All orders are confirmed by us in writing.
All customer grass plug orders are prepared to order. On receipt of payment, we raise a customer job ticket and the plugs are moved from their growing trays and planted into the final shipping trays.
We will notify the
client of the intended or actual dispatch date near the time. Requests
for products are deemed to be an order only after payment has been
received.
All orders for products/plants are supplied on the understanding that it is the responsibility of the customer to read and understand the information on the website and any instructions/advice for the care/use of the products/plants.
With some of our products we always advise our clients to use the services of a professional to carry out the treatment.
For complicated orders or raising extra paperwork, we reserve the right to charge an admin charge payable in advance of order.
Payment:
For the security of our clients, we accept IBAN Bank transfers (please ensure all charges are paid by sender and we are notified by email of the transfer) or Debit Cards.
Please ensure that payments are made promptly to avoid further charges.
All products and services are supplied on a pre-payment basis. We do not supply credit facilities, and do not provide a C.O.D. service.
For account customers we supply the products and raise an invoice for payment (terms 30 days).
Only applicable taxes for Canadian residents will apply.
Orders for grass plugs/seed up to 1000 euros: payment with order by IBAN (Wire transfer).
Orders for grass plugs/seed over 1000 euros: 50% payment with order. Balance 7 days before confirmed shipment date.
Orders for Ground prep and/or Sowing/Planting: Under 1000 euros 100% with order. Over 1000 euros 50% with order, balance 4 days before agreed start date.
Consultations
/ Site
Visits: On-line
and phone consultations are chargeable. Site visits are
chargeable
at 75 Euros per hour per client (min call out charge 1 hour, plus traveling time), and are
required to be pre-paid.
Requests for site visits can only be confirmed when the client is on Spanish soil. This is necessary due to previous experiences of weather conditions, delays or change of clients plans which affect the Clients ability to attend the appointment.
Cancelled visits by the client for whatever reason, are not refundable - see cancellations.
Planting Service
As of the completion of the planting service performed by Lawns in Spain, all responsibility for the well being of the grass (or plants/seed) is the sole responsibility of the client.
Advice/Recommendations:
Whether by website, by phone, by text, in writing, by emails or care projects advice is given as is, with no warrantees or guarantees implied and is supplied in good faith for the benefit and assistance of Lawns in Spain customers. The advice is based on the customers requirements and comments at the time of asking, and should be taken and not instead of the website yearly care of the lawn. Any delay in implementing the recommendations may result in the advice becoming out of date, inaccurate or not appropriate e.g. advice given will inevitably change with the weather and the season.
Any advice given does not represent or form any part of a legal contract or advice to order or purchase, and it remains the choice of the customer to follow or ignore the advice at the customers discretion.
Also the advice given for a specific problem is in adition to and should be used in conjunction with the general lawn advice given on the website. We reserve the right to refuse to supply our products or provide free
advice at our discretion.
Volumes and Measurements:
Products for sale weights or volumes quoted are generally measured prior to packaging materials. Quantities, timescales, volumes, weights etc (with respect to any usage or application of products) given on the website or in documentation are intended as guidelines only.
Due to the different types of grasses we grow, it is not possible to define the height, thickness, amount of growth or otherwise of grass plugs that are purchased.
In the event of being sold out of a particular product, we reserve the right to substitute a product of similar value and/or appearance.
Soil Tests:
All soil tests performed by us are supplied with a free written report and recommended remedial action.
Where the client prefers to supply third party soil test results then the report and remedial action supplied is chargeable at 60 euros and Lawns in Spain will base its recommendations on those results supplied, but accepts no responsibility whatsoever for the accuracy of those results.
Due to space, any soil samples/or test results will be disposed of/canceled, if payment has not been received after 14 days. The cost of subsequent soil tests will incur a 60 euros supplement.
Lawn
Maintenance Contracts: For
the purpose of clarity, a Lawn is an existing lawned area, and contains
more than 50% grass (i.e. must not contain more than 50% weeds or bare
soil)
Initial
site inspection may be chargeable at 25 euros. Initial soil test (pH and
composition) may be
chargeable at 25 euros.
Custom Lawn Projects:
Custom Projects are specifically written for our clients and are not transferable to third parties. We do not discuss customers or customers orders with third parties.
All materials and/or products required during the project process are chargeable in the normal way.
Seeds & Plants: Expected
Proper Care by Customer
Plants and seeds are live organisms. You must use proper care for these items to insure that they continue to establish, grow and flourish. Failure on the part of the customer to observe correct planting procedures and maintenance methods for establishment (including watering as required, seed planting depth, site preparation, not planting
at a reasonable time, or using planting methods not normally accepted by experts in the field, or not following through with needed care after
planting will void any recourse on the part of the customer toward their purchase from
Lawns in Spain.
In all cases our liability is limited to the cost of the seeds and/or plants (either refund or replacement). We do not assume any liability toward additional costs you may incur such as planting cost,
transportation costs, delay in establishment time, or any other loss due to the failure of the plants and/or seeds.
Obtaining a satisfactory result from seeds and / or plants requires following correct growing procedures and proper selection of both plants and location for planting. Many factors can end up causing establishment problems, most of which have nothing to do with the actual seeds and / or plants. Consult with your local cooperative
agent for assistance in determining what may have contributed to any less than satisfactory failure.
For quality reasons, seeds may be coated.
Courier Charges
Courier charges are not under our control and may be subject to change on day of dispatch.
Our minimum order charge is intended to keep the yearly courier charges down to a minimum. i.e. The cost of ordering lawn products on a monthly basis or "as and when" is probitively expensive, so planning ahead saves you money.
Refunds
Subject to the limitation of liability herein set forth, the company warrants that the seeds or other merchandise sold are as described on the
website, within recognized tolerances.
In no event shall we be liable for the crop or lack thereof, or for any loss due to negligence, or the failure, impairment, or quality of the crop or
variety variance therein, whether such loss results from the breach of the foregoing warranty, from breach of any other provision of the buyer's contract for the purchase of said seeds, plants or other merchandise, or from any other cause.
ALL SALES ARE FINAL ON PLANTS, SEED OR PRODUCTS. LAWNS IN SPAIN MAKES NO OTHER WARRANTY EITHER EXPRESS OR IMPLIED AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF SEED, PLANTS OR OTHER MERCHANDISE SOLD.
ANY RESPONSIBILITY ENDS ONCE THE ORDER HAS BEEN DELIVERED.
The seeds , plants and other merchandise are sold at the price quoted only upon the condition that the above disclaimer of warranty and the limitation of damages are part of the basis of that bargain and sale agreement. Seeds or other merchandise not accepted under these terms should be returned within 20 days, in the original unopened container, and the Buyer will
be sent a "replacement" item of the same merchandise or seed, providing that a replacement item is available.
We do not give refunds on delayed or cancelled jobs. We do not refund for change of mind or any other reason. Grass plug orders are prepared to order, so once a customers plug order has been paid for, the process is started and cannot be reversed. Under certain circumstances, should a refund be agreed, it is understood that the refundee is the customer that placed the order. Should this not be the case then written authorisation is required from the customer to pay. the refund to a third party.
Cancellations
Unless otherwise specified, Lawns in Spain reserves the right to charge for any work, services or products (including but not limited to courses, meetings, appointments, workshops, presentations or seminars) cancelled or postponed by the Client but excluding any circumstances/events not under the clients control (e.g. weather). Such charges will be in accordance with the following schedule (percentages refer to percent of fees relating to the relevant service/event) to be paid as a cancellation or postponement charge:
Number of Working Days before the work commences:
|
29 days or more | 28 days or fewer | 5 days or fewer |
½ or one-day
Event/Service Two or more days |
25% 40% |
50% 80% |
100% 100% |
Orders that have been received and not been completed, or have not been paid for after 7 days will be cancelled and will incur a cancellation charge.
Prepaid meetings that are scheduled and subsequently have to be cancelled due to non receipt of funds, may incure cancellation charges. Cancelled Orders (or Parts of Orders for whatever reason) that are cancelled do not qualify for any refunds. When an order is cancelled it means that the grass or products that have been ordered are now no longer marked as "Ordered" but are now available to be sold elsewhere. However we will offer a refund on the portion of the courier charges for the remaining products that have not been shipped. Should this not be acceptable we do not "uncancel" the order - its cancelled. Orders that have been part shipped or are in progress may be cancelled but with no refund. We reserve the right to sell any debts to our Debt Recovery Service to recover the debt. Once sold, the debt is no longer our
responsibility, but the Debt Recovery Service may use reasonable
methods to recover the debt, and in the process may apply further interest
charges to the client.
But as a gesture of goodwill, and at our discretion, may provide a new complimentary free of charge alternative to fullfill the original order.
Weed Issues:
Weeds can easily occur on newly planted sites and usually develop from seeds lying within your existing soil that can have been waiting for decades to have a chance to germinate (Known as your soils weed / seed bank) - Tilling, moving or raking your soil can result in the movement of weed seeds to the top of your soil area where germination can occur. Rarely are weeds a result of weed seeds in newly purchased seeds as most seeds sold now days have very high purity standards. Weed control is an active part of establishing plants and depending on site issues can require chemical control products to help with the control of excessive weed issues. Your local
cooperative agent can help advise on these issues. Plugs:
For
weight reasons, plugs may be shipped dry. We may from time to time,
change the size of the trays.
eMail / Newsletter Policy:
By contacting
Lawns in Spain, it is assumed that you are interested in lawns and
that you will be interested in receiving our articles or newsletters.
If this is not the case then please reply to any emails with
'unsubscribe' or 'remove' in the subject line. We do not pass on or
sell email addresses.
Our Plugs Guarantee:
All our grass
plugs are rooted plants. If you find any plugs that have no roots,
then by prior written arrangement, return them to us immediately and we
will replace them free of charge. This guarantee does not include the
price of couriers or postage and packaging.
We are not responsible for plugs
once they have been planted.
Our Irrigation System
Guarantee:
The
irrigation system is designed to deliver water to the roots of growing
crops. The irrigation system guarantee covers any parts or labour
found to be defective, for a period of 6 months after installation by
us. The guarantee does not cover any issues relating to the growth or
otherwise of any crops as a results of using the irrigation
system. The company is not responsible for the amount of water
delivered, due to timing issues, water pressure issues or any other
factors outside our control.
Intellectual Property:
Lawns
in Spain has spent many years researching Grass and Grass Products in
Spain. As such our specialist knowledge is what we have acquired over
these years and is what we earn a living from by providing it to our customers. There are however many instances where information is not made public due to it adversely affecting our business or benefiting our competition. Such information falls into the category of "Intellectual Property" and is confidential to Lawns in
Spain. Trademarks
and other items that fall into the category of Intellectual Property
are the name "Lawns in Spain" and "Greengrass Lawn
Cartoons". All such items falling into this category will be
clearly marked with a ™ or © symbol. Any breaches of
intellectual property will be pursued in the courts.
Customer
Service:
We welcome
customer feedback. If you have any comments, suggestions, ideas
relating to our products, services or our website, then please send
them to us at Lawns in Spain using our contact form or send them to us
at our email address.
If you have a
complaint about any of our products or services we have provided, then
please contact us immediately at "info@lawnsinspain.com", stating clearly the nature of the
complaint you have, so we have an opportunity in the first
instance to remedy the situation.
If you are a customer and have any questions, or need help with any product you have purchased from this website, then
immediately upon receipt and before using, planting or sowing the
product, please see the website for further information, read the
product instructions, read the Project Guidelines or contact us at lawnsinspain@yahoo.com
We reserve the right to refuse services or products to rude, abusive or offensive people.
In the case of any misunderstanding, these terms and conditions
shall prevail.