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Dandy's (Chester) Ltd Trading as Dandys Topsoil, Terms and Conditions.

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1. General

In these conditions of sale:

The company means Dandy’s (Chester) Limited, Company No: 5033416.

Also trading as Dandy’s, Dandy’s Topsoil, H&M Taylor Coal Merchants, Dandy’s Landscape Supplies Centre, Dandy’s Garden Centre.

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 company is only liable up to the value of the goods sold or supplied.

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 understands that the company may elect to supply goods via a third party supplier. In these instances the substituted goods will always be of at least equal quality to those supplied and produced by Dandy's.

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.

The customer understands that once delivered, turf must be rolled out and lain within a maximum of two hours and must be watered adequately to encourage rooting.

The customer understands that bark and similar products are 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 a 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 is also aware that all stated weights and measures of bags are approximate only.

Ultragrip™ Rock Salt, White Rock Salt, Rock Salt and any products containing salt will work effectively in temperatures as low as minus 6 degrees. Salt has a freezing point of minus 7 to minus 9 degrees and at this point products containing salt will freeze and in some instances completely solidify. If frozen and thawed these products may not work as effectively as when in original condition; for example there is a risk of dissolve and clumping.

3. Complaints

The company require any complaint to be made in writing by the customer within 48 hours of collection or delivery of goods.

Complaints can be sent to the company registered address or via email to sales@dandysgardencentre.co.uk.

4. Delivery

The company will make every effort to deliver products ordered on the requested 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 point of delivery.

The company will not accept any liability for damages to property caused during delivery whereby the customer has instructed drivers or have made requests for goods to be placed anywhere other than on the kerbside.

In cases of damage caused by a third party employed by Dandy’s, the Customer will be given contact and insurance details of the third party in order to make any claims for damages or insurance claims direct with the supplier.

The customer understands that the company can only guarantee a kerb or road side delivery and that ultimately they are happy for goods to be left in this manner.

Customers should be aware that in some parts of the UK it is necessary to obtain a permit to have goods delivered to the kerb or road side.

If the customer requests delivery to somewhere other than the kerb or road side then they must be aware that this may not be possible and that they must take a kerb or road side delivery in the face of this.

If delivery to specified point is achievable then the customer must ensure that any access routes or end points the delivery vehicle must travel on can withstand the weight of a vehicle which weighs 18 tonnes or more.

Products are usually delivered on a vehicle with a gross vehicle weight of 32 tonnes or more - depending on the load size and the product. It is therefore the customer’s responsibility to find a suitable delivery point for products to be tipped off a vehicle in this instance.

Delivery vehicles DO NOT drive across fields or unmade roads.

If the customer wishes to have a delivery across a field then they will become liable for any damages made to the vehicle. If vehicles become stuck when crossing fields etc. under the customer’s instruction then the customer must arrange to have the vehicle towed out, at their cost, immediately.

The cost of a vehicle being held up in this or a similar manner will be charged to the customer at a rate of £40 + VAT per hour.

If a customer insists on any vehicle to leave the public highway and enter their property or premises of delivery then the customer accepts liability for any damages caused to the property, vehicle or other.

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.

Delivery vehicles generally use tail lift offloading (for bulk bags or small bags) or tipping mechanism (in the case of loose loads). Occasionally deliveries are made by hiab crane or fork lift truck though this is not a guaranteed service and should not be expected.

The delivery vehicle must be able to park in an area where the delivery is to be made; they cannot park in any red zones or on restricted parking. The customer understands that parked cars and vehicles may have to be moved in light of this.

In the case of our tail lift (kerb or road side) 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 kerb or road side 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 hills or slopes of any kind.

It is also not possible to lift goods over any walls, fences, hedges etc. Crane offload is available in limited parts of Chester and North Wales only.

It is essential that the customer, or somebody appointed by the customer, be at the delivery point to accept the delivery, check the goods and sign for the delivery.

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 delivery of orders in this situation.

If delivery is attempted and deemed not possible due to lack of information provided by customer, or customer’s failure to read or consider delivery information and restrictions then the customer will become liable for re-delivery charges and/or re-routing costs.  If a delivery of turf is attempted and deemed not possible for the above reasons and needs to be return to our head office the whole cost of the turf will be lost as it is a living product and therefore will die and can not be put back into stock.

5. Cancellation

Cancellation of an order by the customer must be confirmed in writing.

If an order is placed and then cancelled before products have been despatched then a full refund will be made.

If an order is placed and then cancelled after products have already been despatched then a refund will be given for Goods only and not shipping costs already incurred.

If the customer wishes to cancel a bulk order (deliveries made loose, by tipper vehicle) up to 48 hours prior to delivery then a full refund will be made.

If the customer wishes to cancel a bulk order (deliveries made loose, by tipper vehicle) after the delivery vehicle has left the premises on route to the delivery point; a refund will be credited less wasted journey charges of £80 + vat per hour travelled to point of cancellation.

If an order of turf is cancelled and needs to be return to our head office the whole cost of the turf will be lost as it is a living product and therefore will die and can not be put back into stock.

If the customer wishes to cancel an order after the delivery has already been made it will be the customer's own responsibility to return the goods to Dandy’s (Chester) Ltd premises in Chester, Flintshire.

If the customer wishes to cancel an order after goods have been delivered then they may do so within fourteen working days or delivery. Goods must be returned, at customers cost, to Dandy’s (Chester) Limited.

In this instance, once goods have been received by Dandy’s the customer will be issued a refund of original costs paid for Goods only and not shipping costs.

6. Quality

Dandy's aim to supply only the finest quality products; if for some reason the customer is unhappy with the quality of goods received then they should email sales@dandystopsoil.co.uk to report this within seven working days of receiving the goods.

The Company regret that they will be unable to replace goods which have not been reported as inadequate within this time frame. The Company is also unable to replace goods which have been used or removed from the packaging supplied in.

In most cases the goods which require replacing will need to be readily available in the original packaging and at the same point of delivery to allow for successful collection.

Dandy's will not be held liable for any contamination of product discovered & reported more than 12 hours after delivery.
Dandy's will not accept legal liability in respect of loss of or damage to any product supplied or for the costs of recall or removal repair alteration replacement or reinstatement of such product supplied or any part thereof caused by any defect therein.

Dandy's offer a range of budget products; such as 25mm screened soil, which are still of reasonable quality but will definitely contain stone, rubble or other debris. If you are concerned about the quality of any of the products you are ordering then please opt for those which are tested to the relevant British Standard, such as Play grade bark, Play grade sand or Lawnmix Topsoil.

7. Dandys (Chester) Limited 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 or verbally confirm an order that I will be liable for any charges incurred if I then subsequently cancel the order, as well as any costs for redelivery of the goods to Dandys (Chester) Ltd or re-routing of goods elsewhere.

I have viewed the pictures of the products I have ordered and understand the quantity which will be delivered.  Pictures and imagery are for representation only; I understand that samples can be requested.

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 also understand that naturally occurring products such as slate or gravel are sourced from mines and so can often differ in appearance slightly from load to load.

I understand that it is my responsibility to ascertain the quantities of products needed - any quantities given by Dandy's website or Dandy’s staff are recommendations only and are based on dimensions given by myself.

As Dandy's only recommend quantities based on dimensions given any miscalculation in quantity shall full unto me as the customer.

I understand that most deliveries are stacked on pallets and it is my responsibility to dispose of the pallet safely.

I understand that all packaging is non-returnable and non-reusable.

I acknowledge that if the delivery does not arrive on time I have no claim against Dandy’s (Chester) Limited.

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.