Content
Terms & Conditions
As consumers ourselves we believe in the rights and protections the law offers and therefore want you to enjoy your time on our site and purchase our goods with confidence. We have therefore placed the two most important pieces of consumer rights information in user friendly english here:
Customer Service Policy Privacy & Cookie Policy
General Terms Governing the Use of this Site
Lawnsmith.co.uk is a trading name of Lawnsmith Ltd.
Access to and use of the Web site Lawnsmith.co.uk, products, content and search services available through this Web site (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of these terms, conditions and notices, without modification. Furthermore, you acknowledge that the Terms of Service may be updated by us from time to time. This Web site also contains links to other Web sites, Web pages and services, which are not operated by Lawnsmith.co.uk (the "Linked Sites"). Your use of such Linked Sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. In any event your link through to such a site will be subject to these Terms of Service. You recognise that Lawnsmith.co.uk has no control over such Linked Sites and information, and you accept that Lawnsmith.co.uk provides no guarantee as to the accuracy or reliability of such sites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.
Prohibitions
You will not: commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any Linked Sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person's trademarks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Lawnsmith.co.uk web sites.
Intellectual Property, Software and Content
The intellectual property rights in all software made available and content supplied to you remains the property of Lawnsmith.co.uk, its licensors, advertisers or content suppliers. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by Lawnsmith.co.uk, its licensors, advertisers or content suppliers. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no circumstances are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the Lawnsmith.co.uk site and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or by implication prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied by Lawnsmith.co.uk, its licensors, advertisers or content suppliers.
Sale of Products and Services
The display of items for sale is an invitation to treat until your request/order is confirmed or delivered by us. By making a request/order you are offering to purchase a product which we will accept to sell to you on the following Terms and Conditions. All requests are subject to availability and confirmation of the order by us. Dispatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are on the basis that we are not responsible for any delay in delivery occurring due to postal delays or force majeure. Once your order is accepted we will inform you by emailing you. When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods, services or bid. It is your responsibility to inform us of any changes to these details as soon as possible.
Disclaimer of warranties
The services and all information, products and other content included in or accessible from this web site and the linked sites, are provided on an "as is" and "as available" basis and are subject to change at any time without notice. To the fullest extent permitted by law, Lawnsmith.co.uk disclaims and excludes all representations and warranties (express, implied and statutory, including but without limitation the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and content included in and accessible from this web site or the linked sites.
Disclaimer of liability
Unless expressly stated to the contrary to the fullest extent permitted by law Lawnsmith.co.uk, its content providers, advertisers or linked sites shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this web site or the linked sites, even if Lawnsmith.co.uk had been advised of the possibility of such damages and irrespective of whether such damages arise in contract, tort, equity, restitution, by statute, at common law or otherwise. You have read this disclaimer and agree to it on the basis that you agree it is reasonable.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons including their names and images, third party trademarks and images of third party products, services and locations featuring on the Lawnsmith.co.uk web site are in no way connected, associated, linked or affiliated to Lawnsmith.co.uk. Any trademarks/names as may be featured on the Lawnsmith.co.uk web site are owned by the respective trade mark owners and Lawnsmith.co.uk claims no connection, association or affiliation with them. Where a trade mark (brand name) is referred to it is used to describe or identify the products, (the "goods").
Indemnity
You agree to indemnify, defend and hold harmless Lawnsmith.co.uk, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Lawnsmith.co.uk services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
Variation of content
Lawnsmith.co.uk shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the Service or which appears on any page of the Lawnsmith.co.uk Web site.
Product Images
Images of products and labels are a representation only and cannot be relied upon to accurately depict the product nor provide reliable information.
Submissions
All information and material submitted by you to Lawnsmith.co.uk or that you publish on any public area of the Lawnsmith.co.uk web site shall be provided by the submitter and accepted by Lawnsmith.co.uk on a non-confidential basis. Furthermore, Lawnsmith.co.uk shall be granted a perpetual royalty-free non-exclusive license in the copyright of any material submitted and Lawnsmith.co.uk shall be free to use, edit, copy, republish and distribute (for any purpose) and authorise others to do the same, any such information or material and any ideas contained in such information or material.
Termination
Lawnsmith.co.uk may at any time terminate or suspend any part of the Service without notice to you.
Invalidity
If any part of the Terms of Service are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Governing law and jurisdiction
Upon entering the Lawnsmith.co.uk site you are bound by these terms and conditions. These terms and conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the English High Court, the Strand, London. Any dispute in any way referable to the content of this site whether in respect of its trade marks, copyright or image content shall be resolved exclusively by arbitration the terms of which are to be agreed between Lawnsmith.co.uk and yourself and provide no right or recourse to any relief of the English Courts whether interim or otherwise and that by accessing this site you waive your right for all time to any such right.
The Entire Agreement
The above Terms of Service including the Customer Service Policy constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Lawnsmith.co.uk. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Lawnsmith.co.uk.
Lawnsmith Ltd Incorporated in England & Wales: Company Number 4995433. Registered Office DEB House, 19 Middlewoods Way, Wharncliffe Business Park, Carlton, Barnsley. S71 3HR
