These Terms explain the basis on which RainGardens supplies products to retail customers. They are intended to be read alongside the policies referred to below, including our Delivery Policy, Returns & Refunds Policy and Privacy Policy.
RainGardens.co.uk is part of BioScapes Group Limited, company number 17037835, registered office, The Airfield, Seaton Ross, York, YO42 4NF (“RainGardens.co.uk”, “RainGardens”, “we”, “us” or “our”).
| By placing an order, you confirm that you have read and agree to these Terms and any policies that are expressly incorporated into them. |
1.1 “Cancellation and Return Policy” means the policy described in clause 7.
1.2 “Carrier” means a third-party delivery company engaged by RainGardens.
1.3 “Goods” means the products you order from us, including turf and any replacement or alternative product supplied under these Terms.
1.4 “Order” means your offer to buy Goods from RainGardens.
1.5 “Order Form” means the information completed at online checkout, including the Basket and Checkout sections.
1.6 “Turf” means the turf products sold through the Website. Turf is a living, growing product and its appearance and condition naturally change over time.
1.7 “Website” means RainGardens.co.uk.
2.1 Choose the Goods you wish to buy on the Website.
2.2 Complete the Order Form and checkout details in full. Before submitting the Order, you will have an opportunity to review the products, quantities and information entered.
2.3 For turf and other bulky materials, a delivery date may be selected during checkout or agreed with RainGardens separately. Delivery options, restrictions and charges are explained in our Delivery Policy.
2.4 Our Delivery Policy forms part of these Terms. By placing an Order, you confirm that you have read and understood the sections dealing with delivery methods, kerbside delivery, vehicle access, unattended deliveries and related limitations.
2.5 You can correct your selections or leave the ordering process at any point before you submit the Order.
2.6 You will be asked to accept these Terms during checkout before your Order is submitted.
2.7 After the Order is submitted, we will email you with confirmation of the Goods ordered. The source terms state that the contract is formed when this confirmation is sent.
2.8 We will record your acceptance of the Terms but may not provide a separately filed copy of the concluded contract. You can save or print the Terms for your records.
2.9 Product specifications, formulations, seed content, ratios, species, performance information, samples and descriptions are supplied in good faith as guidance and may be approximate unless expressly stated otherwise.
2.10 If an Order is placed by telephone rather than through the Website, references to the Order Form mean the details agreed with RainGardens when the Order is placed.
3.1 The Website shows prices in pounds sterling. For products where the final price depends on postcode or quantity, the price will be confirmed before you place the Order. If there is a difference, the price shown at checkout will apply.
3.2 Unless stated otherwise, delivery charges are separate and will be shown on the Website or at checkout.
3.3 We may change prices and delivery charges from time to time, but the amount that applies to an accepted Order is the amount shown when that Order is placed.
3.4 The supplied source states that prices are exclusive of UK VAT unless otherwise stated. RainGardens should confirm the intended VAT presentation before publication.
4.1 You must pay the price of the Goods together with any applicable delivery charges. Your order-confirmation communication will record the amount paid.
4.2 The source terms permit payment by credit card, debit card or PayPal and state that payment is taken when the Order is accepted. RainGardens should confirm the payment methods and payment-capture timing currently used.
5.1 For non-bulky Goods that are in stock, we will arrange dispatch by a Carrier to the delivery address supplied. The source terms state that delivery is limited to the UK mainland and aims for delivery within five working days.
5.2 Delivery dates and times are estimates unless we expressly agree otherwise. We will use reasonable efforts to meet them, but delays can occur after Goods have been handed to a Carrier.
5.3 If Goods are unavailable, we may cancel the affected part of the Order and refund the amount paid for those Goods.
5.4 Turf and other bulky or perishable materials will be delivered on the date agreed during or after checkout, to the agreed delivery address, using a Carrier.
5.5 Palletised Goods will be unloaded in the way described in our Delivery Policy. The Carrier will aim to leave them as close to the property as is safe and practical.
5.6 You are responsible for providing safe and sufficient access for unloading. We may deliver if you are not present, but RainGardens cannot accept responsibility for theft, deterioration or consequences arising from the position in which an unattended pallet is left.
5.7 The source terms limit delivery of turf and other bulky materials to the UK mainland.
5.8 If turf or another bulky item is unavailable, we may refund the amount paid for it. Where an Order contains products using different delivery methods, each part may arrive separately.
6.1 If non-perishable Goods have not arrived within five days after the latest estimated delivery date, contact RainGardens at RainGardens.co.uk/contact-us. Depending on the circumstances, we may offer cancellation and a refund, suitable replacement Goods of equivalent value, or an agreed further waiting period.
6.2 If turf or another bulky/perishable material is not delivered within 24 hours of the agreed delivery date, and the failure is not caused by your breach of the delivery requirements, contact us so that we can arrange an appropriate remedy, such as cancellation or a revised delivery date.
6.3 The source terms state that notice of non-delivery should be given within 10 working days of the relevant delivery date or deadline.
6.4 If you do not accept delivery, or if we cannot deliver because the address, instructions or access provided are incorrect or unsuitable, we may store the Goods where practical and you may be responsible for the resulting costs. Delivery surcharges are non-refundable.
6.5 Turf is highly perishable. If a failed delivery is caused by unsuitable access, missing instructions or refusal to accept delivery, it may not be possible to store or redeliver the turf and we may be unable to refund it.
6.6 If you ask us to arrange a further delivery after a failed delivery caused by these circumstances, an additional delivery charge may apply. Replacement turf may also need to be charged for.
7.1 For eligible consumer purchases, the source terms provide a cancellation period of 14 days beginning on the day after you receive the Goods.
7.2 If you buy Goods wholly or mainly for purposes connected with your trade, business or profession and are not acting as a consumer, the consumer cancellation right in clause 7.1 does not apply.
7.3 If you cancel after Goods have been dispatched, you are responsible for the return cost unless the law or these Terms provide otherwise. Delivery surcharges are non-refundable.
7.4 To cancel, contact RainGardens in writing using RainGardens.co.uk/contact-us. Goods must be returned complete, unused and undamaged where the cancellation right requires this. Any refund due will be made within the legally applicable timescale, subject to the relevant return requirements.
7.5 The right to cancel does not apply to turf where it is perishable and likely to deteriorate rapidly after harvesting to fulfil your Order.
7.6 If Goods are faulty, do not comply with these Terms or your statutory rights, or are not the Goods ordered, contact RainGardens within a reasonable time after discovering the problem. We will provide the remedy required by law, which may include repair, replacement or refund as appropriate.
7.7 Damage to packaging alone does not create a right to return if the Goods themselves are undamaged.
7.8 Turf must be laid promptly. The source terms state that it should be rolled out immediately in spring and summer and within 24 hours in autumn and winter, unless different care guidance is provided. RainGardens cannot accept responsibility for deterioration caused by avoidable delay in laying.
7.9 Turf is a living product. Its ongoing condition can be affected by weather, windblown or animal-carried seed and the way it is cared for after delivery. This does not affect your statutory rights where the turf itself did not comply with the contract when supplied.
7.10 Further information about cancellation and returns should also be set out in RainGardens’ Returns & Refunds Policy.
8.1 Risk of loss of or damage to the Goods passes to you on delivery.
8.2 Ownership of the Goods passes only once RainGardens has received all sums due for the relevant Order in cleared funds.
8.3 If you intend to return or exchange Goods, you must take reasonable care of them while they are in your possession.
9.1 RainGardens warrants that it is entitled to sell the Goods offered through the Website.
9.2 We are not responsible for losses that were not reasonably foreseeable when the Order was placed or that were not caused by a breach by RainGardens.
9.3 Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for fraudulent misrepresentation or for death or personal injury caused by negligence.
9.4 Where Goods are bought for business purposes and you are not acting as a consumer, the source terms include additional limitations of liability, including exclusion of consequential losses and an overall liability cap equal to the sums paid for the relevant Goods. This clause should be legally reviewed before publication.
9.5 We are not responsible for failure or delay caused by events beyond our reasonable control, including severe weather, fire, industrial disputes, transport disruption, shortages, government restrictions, war, civil unrest or terrorism.
| Turf care: loss or damage caused by failing to roll out and lay turf promptly in accordance with the care instructions is outside RainGardens’ responsibility, subject always to your statutory rights. |
10.1 If RainGardens delays or does not enforce a provision of these Terms immediately, that does not mean we have waived the right to enforce it later.
10.2 A waiver relating to one breach does not automatically waive a later breach.
10.3 We may defer performance or cancel an agreement if an event outside our reasonable control prevents or materially delays us. The source terms state that if such circumstances continue for more than 30 days, you may give written notice to cancel and receive a refund of sums paid.
10.4 Notices to RainGardens.co.uk must be in writing and sent using the current contact details at RainGardens.co.uk/contact-us unless we tell you otherwise. We may send notices to the postal or email address supplied with your Order.
10.5 The contract is between you and RainGardens and is not intended to give enforcement rights to anyone who is not a party to it.
10.6 The source terms provide for English law and the non-exclusive jurisdiction of the English courts.
10.7 The agreement for your Order comprises these Terms, the description of the Goods, your Order and the policies incorporated by reference, including the Delivery Policy, Cancellation and Return Policy and Privacy Policy. Nothing in this clause limits liability for fraudulent misrepresentation.
10.8 You can contact us using the current telephone, postal and email details published at RainGardens.co.uk/contact-us.
10.9 We handle personal data in accordance with our privacy policy at RainGardens.co.uk/privacy-policy.
10.10 We may update these Terms from time to time. The version that applies to your purchase is the version in force when you place the Order.
