1. These Conditions shall supersede all earlier terms and conditions of EverGrass.
1. "Customer" relates to the person or company buying goods from EverGrass.
2. "Price Paid" relates to the price paid by the Customer for the product excluding carriage.
3. "Product" relates to any components supplied by EverGrass.
3. Prices and Ordering
1. Unless otherwise stated all prices are exclusive of VAT, delivery, insurance and installation.
2. The price payable by the Customer will be the price at the date of the order.
3. The description and price of the goods you order will be as shown on our website at the time you place your order.
4. No contract exists between the Customer and EverGrass for the sale of any goods until we have received your order and accepted it (which we may do at our discretion).
5. In the event that, after we accept your order, we discover that the goods ordered are unavailable or that there was a pricing error in respect of the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods.
6. We have the right to terminate the contract if the price of the goods is not received from you in cleared funds.
4. Payment and Delivery
1. Any delivery date stated is only an estimate. No liability will be accepted by EverGrass for failure to meet a stated delivery date.
2. Any claim for damage or loss of the goods during transit must be made in writing: ii. if a Product has been lost, within 24 hours of delivery.
3. EverGrass are not liable for any claims outside the above time limits.
4. Payment for the goods can be made by any method shown on our website at the time you place your order.
5. Upon receipt of your order you will be asked to sign for the goods received. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the time of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
5. Consumer Rights
1. If you are a consumer (a private person buying for their personal use) then you may cancel your purchase at any time within 7 days of receipt and we will give you a refund of the Price Paid within 30 days. Please note that you will be responsible for shipping costs. You must inform EverGrass in writing (notification by phone is not sufficient) and return the goods to us immediately and in the same condition you received them.
2. The customer will be responsible for returning the goods to EverGrass at their own cost.
3. If we send you the wrong order or the item is damaged we will arrange for the item to be collected and the correct item will be dispatched, we will cover the shipping costs in this event.
4. If the customer does not return the goods as required, EverGrass may charge you a sum not exceeding the direct costs of recovering the goods.
1. When a product covered by a direct warranty from the manufacturer, the customer should claim direct with the manufacturer under this warranty.
2. Prior authorization must be obtained for any returns by contacting EverGrass.
3. If any item is returned which is found not to be faulty, then a charge will be made for return carriage insurance and administration.
i. if a Product is damaged, within 72 hours of delivery.
4. This guarantee does not affect your statutory rights as a consumer.
7. Limitation of Liability
1. EverGrass shall not be liable for any financial consequential indirect or other losses suffered by the Customer or any third party.
2. If you are a business customer, EverGrass shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
8. Data Protection
1. EverGrass will take all reasonable precautions to keep the details of your order and payment secure. Unless Flooring Direct are proven negligent we will not be liable for unauthorised access to information supplied by you.
9. Uncontrollable Events and Delays
1. In case of delays caused by circumstances beyond the control of EverGrass, we have the right to either suspend delivery or to cancel the contract without liability.
10. Customers Obligations
1. You are responsible for your own choice of Product and the suitability for any particular purpose.
2. Product images are for illustrative purposes only and may differ from the actual product.
11. Governing Law and Jurisdiction
1. These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
2. If any part of these Terms and Conditions are found to be invalid or unenforceable by a court the rest are unaffected.