These terms and conditions set out the basis on which you buy from Grass Factory & Eco Organics. When you purchase turf, soils, lawns and products from Grass Factory & Eco Organics, you enter a legally binding agreement with us. You should read these terms and conditions in full because they affect your rights and liabilities.
Definitions and Basis of Sale
- Grass Factory & Eco Organics and www.grassfactory.co.za are referred to as “Grass Factory & Eco Organics” or “the company”.
- A customer buying turf and products from Grass Factory & Eco Organics is referred to as “the customer”.
- Any placement of an order by the customer from Grass Factory & Eco Organics signifies the customer’s acceptance of these terms and conditions in full.
- These terms and conditions can only be amended by a Director of the company in writing.
Ordering and Payment
- Grass Factory requires full upfront payment, 48 hours before the desired collection/delivery date. Due to the nature of the product, it takes sensitive planning and organising. Grass Factory will not be held liable for any loss or damage incurred should these terms not be met.
- Our acceptance of an order takes place when we dispatch the order, or prepare the order for collection. We will send you a dispatch/collection confirmation email.
- We may refuse to accept an order:
- When goods are not available
- Where we cannot obtain authorisation for your payment.
- If there has been a pricing or product description error.
- If you do not meet any eligibility criteria set out in our terms and conditions
- Payment can be made by credit or debit card, cash or EFT (electronic fund transfer). We do not accept cheques.
- Grass Factory & Eco Organics reserves the right to refund your payment if the turf or related products ordered by you are unavailable.
- Grass Factory & Eco Organics will still own any goods until full payment has been received.
- If any product ordered or the type of turf requested is unavailable for any reason, Grass Factory & Eco Organics reserves the right to exchange the turf for a suitable substitute and refund any difference in price or issue a full refund at our discretion.
- Grass and other products not collected within 30 days from date of invoice will be forfeited unless an agreement is made in writing with Grass Factory & Eco Organics management.
- All total delivered prices will be calculated with VAT (15%) included unless specified otherwise.
- Grass Factory & Eco Organics reserve the right to express the price exclusive of VAT, but we shall show VAT (15%) separately.
- Unless otherwise stated, the price is exclusive of any delivery charge, and this delivery charge shall be set out in the quote, estimate, invoice or otherwise verbally.
- Grass Factory & Eco Organics reserves the right to increase prices of any item displayed for sale on the website, price list and/or delivery charge from time to time. However, where the cost of goods and/or delivery charges change between order and delivery, the price and/or fee will be displayed.
Turf and Products Supplied
- Any turf specifications, formulations, data, literature and statements as to seed content, seed weight, seed ratio, grass ratios, seed and grass species, suitability, performance, or otherwise, issued and descriptions and samples given by us in connection with turf are offered in good faith but are intended to be approximate only. Due to the nature of turf as a natural growing product easily affected by uncontrollable conditions; therefore these shall not constitute representations nor shall they become warranties or conditions of the contract.
- Our turf is grown in a variety of locations. Although most stone content is buried during preparatory stages, we cannot be held responsible for excessive stone content. The turf was happily growing in our fields; – it will happily grow in your garden.
- Turf, as a natural and growing product, will also be subject to some variation and so absolute consistency cannot be guaranteed.
- Grass/instant lawn is a natural product supplied in rolls. The grass rolls are not rigid or solid and are subject to break and have a slight deviation in size due to its nature; the size, weight and measure of turf rolls may vary. It is an absolute necessity to add 10% over and above the actual area size, to have adequate material for coverage.
- For turf supplied to form a successful new grass area, the customer will need to follow the company’s advice for preparing the site on which the turf is to be laid and then for laying and maintaining the turf after that. Any complaints will be invalid if this advice is not followed in full.
- The size, weight and measure of turf rolls may vary due to turf being a natural product.
- All turf supplied will be cultivated turf, which has been sown and maintained to produce a robust and healthy sod. Measures will be taken by the company during the growing period to control weeds and disease. The turf cannot be guaranteed free of weeds as weeds can come into the turf at any time through airborne seeds.
Topsoil and Lawn Products Supplied
- Topsoil and lawn products (compost, lawn dressing, landscaping mix etc.) will only be produced by Grass Factory & Eco Organics or sourced from reputable national suppliers with the aim of always supplying high-quality products.
- Topsoil, compost, lawn dressing and landscaping mix being natural products, will be subject to variation in particle shape, size and colour.
- Many of the lawn products (compost, lawn dressing, landscaping mix etc.) supplied will be subject to manufacturers’ guarantees. If products do not come with such a guarantee, then Grass Factory & Eco Organics will warrant their quality and specification.
- Topsoil and lawn products (compost, lawn dressing, landscaping mix etc.) supplied are at the customer’s risk from the time of delivery. After this time, Grass Factory & Eco Organics will have no further liability for the products or any loss or damages connected with their use.
Delivery, Collection, Cancellation, Returns and Non-Deliveries
- The customer, or his/her representative, must be at the delivery address to receive and sign for turf and/or other products supplied. For this reason, it is important that you are satisfied with the delivery date.
- Grass Factory & Eco Organics will at all times endeavour to deliver turf and products on the date specified by the customer in an accepted order. Where, however, due to circumstances beyond Grass Factory & Eco Organics’ reasonable control, delivery is delayed, Grass Factory & Eco Organics will not be liable for any damages resulting.
- In order to make deliveries, Grass Factory & Eco Organics will need good access for delivery vehicles. It is the responsibility of the customer to alert Grass Factory & Eco Organics to potential access difficulties by email (email@example.com) so that Grass Factory & Eco Organics can assess whether an order can be accepted. If an order has been placed by the customer and then normal delivery is found to be impossible for reasons which were not specified at the time of order, Grass Factory & Eco Organics will try to make the delivery in another way or at another time, but any extra costs arising will be charged to the customer.
- The company will not accept liability for damages or injury caused to property or persons during delivery.
- All deliveries are curbside, or driveway end. Should you for any reason instruct us to encroach further onto your or anyone else’s property, it is carried out entirely at your own risk. We will not be held liable for any loss or damage. Unless otherwise arranged it is vital that you are present at the delivery address to accept delivery. It is up to the customer to move turf and/or products from kerbside to the area where it is to be used.
- Please be aware as stated before that turf is a highly perishable product and if not laid promptly as recommended by Grass Factory & Eco Organics may deteriorate rapidly. Grass Factory & Eco Organics advises that turf is laid within 6 hours of receiving delivery. Grass Factory & Eco Organics will not accept responsibility for deterioration. It is your responsibility to ensure that you are able to lay turf before agreeing to the delivery date.
- Be aware that the condition of turf supplied by Grass Factory & Eco Organics will be dependent on factors beyond Grass Factory & Eco Organics’ control; these include weather conditions and other such factors. It is your responsibility to care for the turf once it has been delivered. Grass Factory & Eco Organics is available for advice but will not take responsibility. You will not be able to return turf because of faults arising after delivery, whether this is due to your failure to care for the turf or due to external factors.
- A minimum of 48 hours’ notice must be given on all products in order for us to cancel harvesting and transport arrangements. Providing our terms and conditions have adhered to a full refund will be given.
- If you wish to cancel your order you can notify us by telephone on 011 462 8343 (Johannesburg branch), 012 817 2118 (Pretoria branch) or email firstname.lastname@example.org before we have dispatched the goods to you or for collection.
- Once the turf is harvested you cannot cancel your order as turf is a perishable product and deteriorates quickly.
- Any other product sold through Grass Factory & Eco Organics other than turf can be returned within 14 days of receiving the goods.
- Goods must be returned to Grass Factory & Eco Organics complete, unused and undamaged.
- Goods must be returned to Grass Factory & Eco Organics at your own expense.
- Grass Factory & Eco Organics will refund any monies paid by you for the goods within 30 days of receiving the goods back.
- Original invoice must be supplied for refund.
- If you wish to return the goods because they do not comply with these conditions, any of your statutory rights, or where Grass Factory & Eco Organics has not supplied the correct goods, you should contact Grass Factory & Eco Organics within 7 days of discovering the fault or error. If you agree to return the goods at Grass Factory & Eco Organics’ expense, you have the right to ask Grass Factory & Eco Organics to send you replacement goods, or to refund any monies paid by you.
- Grass Factory & Eco Organics’ aim is complete customer satisfaction. If a customer is in any way dissatisfied with the turf or other products supplied or with associated services, he/she should contact the company email in the first instance: email@example.com.
- If turf or other goods received are damaged or defective in any way, then Grass Factory & Eco Organics will provide replacement products. Goods may need to be returned or other evidence supplied in order for a customer to receive a refund or replacement.
- Grass Factory & Eco Organics, any other party (whether or not involved in creating, producing, maintaining or delivering), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party, including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence, contract or otherwise) in connection with Grass Factory & Eco Organics.
- You agree to indemnify Grass Factory & Eco Organics fully, defend and hold Grass Factory & Eco Organics, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms and Conditions by you, or your use of the website, or the use by any other person using your registration details.
- Grass Factory & Eco Organics cannot be held responsible for any failure to deliver the goods due to anything that is beyond its reasonable control including but not limited to fires, explosions, severe weather, industrial disputes, insurrection, riots, embargoes, delays in transportation, war (whether declared or not), civil unrest and terrorist action.
- None of the Grass Factory & Eco Organics organic products (grass, mulch, compost, lawn dressing, soils) are fit for human or animal consumption. Grass Factory & Eco Organics cannot be held liable for any medical or health issues should any of the products be consumed.
- These Terms and Conditions shall be governed by and construed in accordance with South African law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the SA Courts.
- You agree with Grass Factory & Eco Organics that any agreement made under these Conditions are between you and Grass Factory & Eco Organics and it is not intended to be enforceable by any other person who is not party to it.