Terms & Conditions USA

 

Welcome to the expressgrass terms and conditions for use.

These terms and conditions apply to the use of this website expressgrass.us and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below.
Please note that all orders placed on the expressgrass.us website are fulfilled by various 3rd party vendors. Full vendor contact details are shown on the related product page and during the checkout process. Each vendor may show supplemental terms & condition of sale on their pages, these must be taken in conjunction with the terms set out below. In your area Astrotex Ltd t/a expressgrass acts solely as a order processing facilitator and does not supply goods of any kind.
If you do not agree to be bound by these terms and conditions you may not use or access this Website. Read all terms and conditions before you place an order, if you have any questions relating to these terms and conditions please contact our Customer Service team by e-mail  We have made every effort to ensure that the information and content of this website is accurate and up to date. We cannot be held liable for any errors, omissions or changes in price. All products are subject to availability. All images on the website are for illustration purposes only and are intended to give a general guide of how the product may look. 

 

1.Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

 

2.Registration

You warrant that:

The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and

You will notify us immediately of any changes to the Personal Information

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

 

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, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the 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 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 Conditions have been changed. If you do not agree to any change to the 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 (i) the privacy practices of such websites, (ii) 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 (iii) 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

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, 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.

 

8.Order Errors

If your order confirmation 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 same day despatch this may not always be possible.  Once you have received a tracking notification email 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 times unless it has been agreed in advance.  

Please be aware that Expressgrass.com or suppling 3rd parties 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.

We will however refund any addition delivery upgrade charge that you may have purchased and the carrier has not been able to achieve, this however will be the limit of any claim.

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.

We may send you an email containing a link to the delivery carriers tracking system.  The information on their system is a guide to the progress of your delivery.  Due to this information being out of our control we cannot be held accountable for any arrangement you make based on information you have received. 

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

 

10.Your Delivery

3rd party carriers complete all our standard delivery services on a 1-man service.  On some heavy items the driver may often require assistance unloading your order.  If you are unable to assist for any reason you must advise us of this before your order in despatched. 

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 delivering 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 off load and obtain a signature.

Expressgrass.com or 3rd party vendors 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 ore refuse delivery. Any damage must be reported to expressgrass.com & 3rd party vendors 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, expressgrass.com & 3rd party vendors 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 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 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 item/s using our next working day delivery service.  We reserve the right for us to collect the original item/s before a replacement is despatched 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 retail price, you will also be liable for all further costs involved in collecting and transporting of the return back to us.  

Niether expressgrass or 3rd party vendors 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.

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

ONCE YOU OR YOUR INSTALLER CUT THE MATERIAL YOU ACCEPT IT & OWN IT

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 expressgrass.com & 3rd party vendors accept claims for any of the above once the material has been cut and/or installed in any way.

All products supplied are fit for purpose in a domestic environment, use of any product in a commercial environment must be agreed in writing with ourselves before purchase.

We are not liable for damage to products caused by heating in excess of 100c or by reflected sunlight, neither are covered by manufacturer warranties.

 

14.Distance Selling Regulations

Under the Distance Selling Regulations, you cannot cancel any customised order once it has been cut and/or despatched. 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.

 

15.Order Cancellations/Refused Deliveries

You may cancel your order for a full refund prior to your order being cut and/or despatched. If you cancel your order after it has been despatched, you are responsible and all freight charges incurred by expressgrass.com & 3rd party vendors. These freight charges will be based on carrier’s cost price. Orders placed with “Free Delivery” offer will be treated at our standard delivery rate to your location.  Charges will be deducted from your refund (see 'Distance Selling Regulations' above).

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. 

 

16.Returns/Refunds

If the customer wishes to return a product within their 14 days statutory rights period a full refund (minus a 3^rd 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).

 

17.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 3^rd 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. 

 

18.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 charge a minimum cutting fee of £25, or 25% of the total value, excluding delivery - whichever is greater.

Boxed / retail packaged items such as underlays and adhesives are not cut to size and are therefore not subject to cutting fees.

 

19.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 expressgrass.com 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.

 

20.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.

 

21.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 a 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.

 

22.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.

 

23.Waiver

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

 

24.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.

 

25.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 expressgrass.com & 3rd party vendors 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.

 

26.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.