Terms and Conditions of sale

1. General

  1. In these Conditions: “Customer“, “you” means the customer wishing to purchase the Products;  ““Contract” means any contract between the Customer and Soil Nurture for the sale and purchase of Products incorporating these Conditions; “Order” means an order for Products; “Price” means the price of the Products set out in the Order Form or otherwise notified to the Customer;  “Products” means the products ordered by the Customer; “Soil Nurture“, “we” means Soil Nurture Limited of Park Farm, Neenton, WV16 6RL; “Quote” means a quote we may prepare for the Products; and “Working Days” means any day other than a Saturday, Sunday or public holiday in England.
  2. These Conditions supersede all prior representations or arrangements, and contain the entire agreement between the parties in connection with the Products. All other terms and conditions express or implied are excluded.  None of Soil Nurture’s employees or agents has authority to modify or supplement these Conditions.
  3. Words in the singular include the plural and in the plural include the singular.  
  4. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it. 
  5. These Conditions apply to the sale of Products to Customers who are not consumers purchasing products for domestic use.  We do not currently sell products directly to consumers who wish to purchase Products for domestic use.   
  6. We shall process all personal data of a Customer in accordance with our privacy policy.

2. Order Process 

  1. All Orders, however placed, are subject to these Conditions.  
  2. Orders can be placed by signature of our standard order form, or on the telephone, or by email or via our online shop. Once a telephone or email Order is received or an Order form is signed, we shall promptly send the Customer any invoice for the sums due under the Order.  An Order received via our online shop shall be deemed as a legally binding Contract.
  3. No changes can be made to an Order once the Order has been signed or the Customer has received confirmation of the Order as the case may be.
  4. A legally binding Contract between the Customer and Soil Nurture shall come into existence only if (i) Soil Nurture receives payment for all or part of the Order; and/or (ii) Soil Nurture delivers the Products.
  5. When a legally binding Contract has come into existence, we acknowledge that we are under a legal duty to supply the Products in conformity with these Conditions.
  6. The Customer is responsible for all Orders placed by their employees. 
  7. The Customer may not withhold or set off any payment due to us against any amount.
  8. The Customer may not purchase Products for resale.

3. Description

  1. All samples, descriptive matter and advertising provided by Soil Nurture are provided or published for the sole purpose of giving an approximate idea of the Products described in them.  They will not form part of these Conditions and this is not a sale by sample. 
  2. All Products are subject to availability.  We will notify the Customer if all or part of an Order is out of stock, and the Customer can (i) cancel the Products that are out of stock and we shall refund the Customer accordingly; (ii) select alternative Products, subject to any appropriate adjustment to the Price; of (iii) keep the Order and await stock. When stock becomes available, we shall notify the Customer and if the Customer still wishes to purchase the Products, we shall process the Order in accordance with these Conditions.

4. Delivery 

  1. Delivery dates and timescales (if any) set out in an Order or otherwise requested by the Customer or given by Soil Nurture are given or accepted by Soil Nurture in good faith but are not guaranteed. However, the Customer shall promptly notify Soil Nurture if it has not received the Products that are subject to the Order by the stated delivery date.  
  2. The Customer shall take delivery of the Products and delivery shall be effective when the Products are unloaded at the delivery address.   
  3. A signature may be required on delivery.
  4. If we are unable to make a delivery as a result of the Customer’s act or omission including due to incorrect contact details, failure to respond to any contact we or our courier makes in relation to the delivery, failure to attend the delivery site for delivery, we reserve the right to charge additional delivery costs and all storage costs and any other costs we incur as a result. In the event of a persistent inability to deliver as a result of the Customer’s act or omission we also reserve the right to cancel the Order, refund the Price paid, less a reasonable amount for all such additional costs incurred.
  5. Soil Nurture may deliver the Products by instalments. 

5. Price

  1. Prices are exclusive of VAT.   All sums due to Soil Nurture shall be paid to the account stated on the invoice and in accordance with the timetable stated on the invoice. If no timetable is included on the invoice, invoices are due and payable prior to the delivery of the products or within 14 days of invoice issue, whichever is earliest. We reserve the right to refuse to deliver Products if any sums due under an invoice have not been paid.
  2. If the Customer fails to pay any sum by the due date, in addition to the rights and remedies set out in these Conditions, Soil Nurture shall be entitled to (i) suspend delivery of all Products until payment of all outstanding sums due is made in full and cleared funds; (ii) claim costs and interest under the Late Payment of Commercial Debts (Interest) Act 1998; (and/or (iii) terminate the Contract and all costs incurred as a result of the termination shall be due and payable by the Customer.due 

6. Cancellation

  1. The Customer agrees that once the Contract has come into existence it may not be cancelled by the Customer.
  2. We reserve the right to cancel the Contract if (i) Customer has failed to pay the Price or any instalment of the Price by the due date; and/or (ii) one or more of the Products ordered was listed at an incorrect Price due to a typographical error or an error in the pricing information received from our suppliers. 
  3.  If we cancel the Contract under Clause 6(2)(i), then the provisions of Clause 5(2)(iii); apply.  
  4. If we cancel the Contract under Clause 6(2) (ii), we will notify the Customer by e-mail and will refund Customer all sums paid within 30 days of the date of receipt of the Order.  
  5. We will not be obliged to offer any additional compensation for disappointment suffered or for wasted expenditure or any other loss suffered or cost expended.

7. Defective Products

  1. Soil Nurture shall use reasonable endeavours to ensure that the Products are of a satisfactory quality and fit for purpose. 
  2. The Customer shall inspect the Products on receipt. Unless written notice of rejection on the basis of non-conformity with the Contract is received in writing by Soil Nurture within 3 Working Days of the date of delivery, or where the defect was not apparent on reasonable inspection within 3 Working Days after discovery of the defect, the Products shall be deemed to be accepted as in conformity with the Contract.
  3. If it is shown to Soil Nurture’s reasonable satisfaction that a Product is defective, subject to Condition 7(4), Soil Nurture will either refund the purchase price or replace the Product within a reasonable time, free of charge.   SUCH REFUND OR REPLACEMENT SHALL BE SOIL NURTURE’S SOLE LIABILITY IN RELATION TO ANY SUCH DEFECT.  Replacement Products are covered by these Conditions. Products which are alleged not to comply with the Contract shall as far as possible be preserved for inspection by Soil Nurture and where Soil Nurture agrees to refund or replace the Products, the Customer shall make available the defective Product available for collection. 
  4. If the Customer does not make the Product available for collection at the date and time agreed with Soil Nurture, then the Customer’s rights to a refund or replacement terminate and Soil Nurture shall have no further obligation in relation to such Products.   
  5. Soil Nurture shall have no liability under this Condition 7 for a defect caused as a result of any accident or deliberate act of the Customer or any third party outside of the control of Soil Nurture including a failure to comply with Soil Nurture’s advice on storing and handling the Products including as set out in the relevant safety data sheet.

8. Force Majeure

  1. Soil Nurture shall not be liable for any failure to comply with the Contract related to any circumstances which are beyond Soil Nurture’s reasonable control and which prevent or restrict Soil Nurture from complying with the Contract.
  2. Soil Nurture may where reasonable in all the circumstances (whether or not involving Soil Nurture’s negligence) without liability suspend or terminate (in whole or in part) its obligations under the Contract, if Soil Nurture’s ability to supply or deliver the Products by Soil Nurture’s normal means is materially impaired. 

9. Termination and Suspension

Soil Nurture may (without prejudice to its other rights or remedies) terminate or suspend Soil Nurture’s performance of the whole or any outstanding part of the Contract if:

  1. the Customer breaches any term of any Contract with Soil Nurture including but not limited to a failure to pay sums due by the due date; 
  2. the Customer goes into administration or becomes insolvent or if a receiver or encumbrancer takes possession of any material part of the Customer’s assets; or 
  3. Soil Nurture has reasonable grounds for suspecting that an event in Condition 9(2) will occur.

10. Risk and Title

  1. Risk in the Products shall pass to the Customer upon delivery. 
  2. Title to the Products shall pass to the Customer on receipt by Soil Nurture of the full Price due under the Contract.  Until such time as title passes, the Customer shall (i) store the Products separately from all other goods and in such a way that they remain readily identifiable as Soil Nurture property; and (ii) maintain the Products in satisfactory condition.  The Customer grants to Soil Nurture and its agents an irrevocable licence at any time to enter any premises where the Products are stored to recover the Products if the Customer fails to make payment of the price for Products by the due date, or if Soil Nurture has reason to believe that the circumstances set out in Condition 9(2) are likely to take place.

11. Limitation of Liability

  1. Soil Nurture shall have no liability to a Customer (i) in excess of a refund of the Price paid under a Contract; (ii) for any loss of goodwill, loss of profit, loss of business, loss of anticipated savings) loss of use, or wasted expenditure in connection with the Contract; and/or (iii) for any indirect or consequential loss whether or not advised of the possibility of such loss.  
  2. Soil Nurture does not exclude any liability for death or personal injury caused by negligence, for fraud or for any other liability which cannot be excluded as between the Customer and Soil Nurture under any provision of applicable law.

12. General

  1. The Contract may not be assigned by the Customer without Soil Nurture’s prior written consent.
  2. Notices must be in writing to Soil Nurture’s or the Customer’s email or postal address and are deemed delivered on the first Working Day after sending by email or by hand or on the third Working Day after being placed prepaid in the first-class post to the Customer’s or Soil Nurture’s postal address.  
  3. No failure by Soil Nurture to enforce any provision of the Contract shall be construed as a release of its right to do so, or to sanction any further breach.
  4. If any provision of the Contract is found to be invalid or unenforceable it shall have effect to the maximum extent permitted by law, or, if not so permitted, shall be deemed deleted.
  5. The provisions of Conditions 7, 10, 11 and 12 shall survive any termination of the Contract.
  6. The Contract shall be governed by and construed in accordance with the laws of England and the English courts shall have exclusive jurisdiction in relation to any dispute under the Contract.

Last modified on: 5th January 2024

Soil Nurture Ltd, Park farm, Neenton, Bridgnorth, Shropshire, WV16 6RL

© 2018 All rights Reserved. Design by Elementor

Instagram Twitter Linkedin
Shopping Cart

Sign up today

Sign up to our newsletter to receive information on how you can improve your soil and your crops.

Bio Carbon Soil