This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. Please tick the box on the Payment page if you accept these Terms. If you refuse to accept them, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out below. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
We operate the website: www.pitchcare.ie. We are Ennis Grass Products Limited, a company registered in Ireland. Our registered VAT number is IE6407933A and our registered office is in West Curragh, Naul, Co. Dublin, Ireland.
The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
Your use of our site is governed by our Website Terms and Conditions of Use. Please take the time to read this, as it includes important terms which apply to you.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in the paragraph below.
We will confirm our acceptance to you by sending you an e-mail Order Confirmation. The Contract between us will only be formed when we send you the Order Confirmation.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
We may revise these Terms from time to time in the following circumstances:
Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
All prices included on this site are exclusive of VAT and, unless expressly stated otherwise on the product page, basket or checkout area, are exclusive of delivery charges. Delivery charges, where applicable, will be added in the checkout area.
Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation
In some cases, delivery to areas such as Cornwall, the Scottish Highlands and non-mainland UK addresses, may incur additional delivery charges. Where any such charges apply one of our sales team will contact the Customer with details of the additional charges.
All payments should be made to Pitchcare on the date that the order is placed using one of the payment options available.
Approved Pitchcare Account Holders will be invoiced for payment. The Customer shall pay within 28 days of the date of the invoice(s), unless other terms have been previously agreed in writing.
We reserve the right to charge interest on a daily basis on outstanding sums at the rate of 4% per annum above the base rate of Barclays Bank Plc as published from time to time.
The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see below for what happens in this event.
Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
The products are despatched direct to the customer from Pitchcare or an approved supplier.
Standard delivery time for most products is three working days following the day of order. Saturdays and Sundays and official UK Bank Holidays are NOT defined as working days. Some products are available on a next working day delivery service if the order is placed and paid for before midday the previous working day. In some cases, principally machinery and larger items, delivery may take longer and will require confirmation from the Pitchcare office on 01 -8417 399.
You must notify us of the delivery point at the time of ordering the products. Further, you must notify us of any matters which may affect access to the delivery point, such as (but not limited to) narrow roads, tight corners, weight limit roads, low bridges, steep driveways or hills. The number to call if there are any matters which may affect delivery is 01 -8417 399.
Some products are delivered on pallets or in large dumpy bags, in which case lorries are used and a kerbside delivery only can be guaranteed. In the case of kerbside deliveries, you must be at the delivery point to accept the delivery and the customer is responsible for moving the products from the kerbside.
We will make every effort to deliver products ordered on the agreed date but, if for any reason that we (or our approved supplier) are unable to deliver, then no liability will fall to us; whether in damages or otherwise, for delay of whole or any part of the goods ordered arising from any cause whatsoever.
Delivery will be completed when we deliver the Products to the address you gave us.
If you have requested that your Products must be signed for, and if no one is available at your chosen address to take delivery, our courier will leave you a card that the Products have been returned to a delivery depot, in which case, please contact us to rearrange delivery.
If you have requested that your Products need not be signed for, you must provide instructions as to where to leave the Products. No responsibility can be taken for goods after being left as instructed.
The Products will be your responsibility from the completion of delivery.
You own the Products once we have received payment in full, including all applicable delivery charges.
We deliver to many countries outside of the UK (International Delivery Destinations). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
If you receive damaged or defective products, please contact Pitchcare Customer Services within 7 days of receipt on 01 -8417 399 and by email at firstname.lastname@example.org.
No unsolicited returns can be accepted.
For non delivery of products, please notify Pitchcare on 01 -8417 399 and by email at email@example.com, stating your order number and delivery postcode.
This clause only applies if you are a consumer.
If you are a consumer, you have a legal right to cancel a Contract during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a cooling off period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
If you wish to cancel the order, please write to Pitchcare, West Curragh, Naul, Co. Dublin, Ireland, or by email at firstname.lastname@example.org within the cooling off period. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described above. If you returned the Products to us because they were faulty or mis-described, please see clause below.
If you have returned the Products to us under this clause because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We refund you on the credit card or debit card used by you to pay.
If the Products were delivered to you, you will be responsible for the return, including any costs, of the Products to us and you must return them as soon as reasonably practicable.
You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation.
As a consumer, you will always have legal rights in relation to Products that are faulty or not as described.
This clause only applies if you are a business customer.
Unless otherwise agreed in advance, we only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
Nothing in these Terms limit or exclude our liability for:
Subject to the clause above, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
Subject to the clauses above, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
This clause only applies if you are a consumer.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any unforeseeable losses nor any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
Any complaints should be addressed to Pitchcare, West Curragh, Naul, Co. Dublin, Ireland, or by email to email@example.com.
We act as an intermediary for a variety of suppliers and therefore the suppliers will fulfil the orders for products placed with us.
Whilst we accept requests for a telephone call from transport agencies to advise an approximate time of delivery, we cannot guarantee this service to our customers and it is not included in our specified delivery prices.
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.