Terms and Conditions
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Terms and Conditions

Please read the following terms and conditions carefully.  Access to and use of this website is provided by Water Garden Ltd, on and subject to the following Terms and Conditions.

Interpretation.

In these Terms and Conditions ("Terms"), the following words and phrases shall have the following meanings:

"the Buyer" means the person, firm or company who purchases the Goods from the Company.

"the Company" means Water Garden Ltd: company no. 3785351, VAT registration no. 750 4740 43, registered office 3 Acorn Business Centre, Northarbour Road, Cosham, Portsmouth, Hampshire PO6 3TH, trading as www.water-garden.co.uk.

"Contract" means the contract between the Company and the Buyer, which shall be deemed to incorporate these Terms.

"Goods" means any goods agreed in the Contract to be supplied by the Company to the Buyer.

Copyright.

All rights, including without limitation, copyright in the form and content of the designs and information on our website are owned by the Company. They are protected by copyright, trademarks and other intellectual property rights and you may not therefore copy, republish or otherwise use the content of our website save as provided below.

In accessing our web site you agree that you will only download content for your own personal and domestic use. The materials on our website may not be used for any other purpose including, in particular, any commercial purposes.

 You may not alter or delete any copyright or proprietary notice that our website may contain.

Placing your Order.

You can order items displayed on this website by (a) using the on-line shopping facility; (b) faxing or posting the completed order form to the address shown on our Contact page; or (c) telephoning us on one of the numbers listed on our Contact page.

Once an order is placed you will receive an e-mail or other written confirmation of receipt (please do not respond to this unless any of the details are incorrect).  The fact that you have received a written confirmation does not guarantee that we will be able to fulfil your order.

If for any reason we are not able to fulfil your order we will contact you at the earliest possible opportunity to advise you of this and offer you an alternative or, if necessary, a full refund.

Prices.

Prices for Goods displayed on our website are in Pounds Sterling and are inclusive of VAT.  Certain orders, below a minimum value or requiring a special delivery service, will attract an additional charge. We will always advise you of this and require your acceptance of that charge before proceeding with any order.
 
We will endeavour to ensure that the prices shown on this website are correct.  If however for any reason the prices of any Goods are incorrect at the time you place an order with us, we will contact you at the earliest possible opportunity to advise you of this. 

Payments.

You can pay for your Goods on-line, via 128 bit encrypted, secure socket layer (SSL) by Visa, Visa Debit, Visa Electron, MasterCard, VPay & Maestro.
 
We currently charge Credit/Debit card accounts within one working day from date of order.

You can also pay for your Goods by Cheque, Bank Transfer or Postal Order. Please allow up to 7 days for cheques to clear before we can dispatch your order.  Bank Transfer details will be provided on receipt of order and usually take 1-4 days to clear.

Cancellation.

Cancellations must be made, without delay, via the e-mail address on our Contact page.    For cancellation of orders where special delivery requirements other than our standard despatch to a UK mainland address, the Company reserves the right to apply an administration charge to recover any costs incurred.  Any payments made or due will be adjusted or refunded to account for any changes as the circumstances determine.

Delivery of Goods.

All goods require a signature on delivery.  In instances where the customer requests delivery for the goods to be left in an unattended location without signature, Water Garden will not accept any liability for loss or damage.  We recommend that goods are left with a neighbour to accept, or please state a delivery address to a work/attended address where the goods can be signed for.

We aim to deliver all orders to UK mainland addresses within 5/7 working days from receipt of order. However, certain products may be on an extended delivery period. We will always advise you of this and await your acceptance before proceeding with your order. We will use all reasonable endeavours to deliver your Goods within the time stated but we will not be liable for any loss caused to you by late delivery. If you do not receive your Goods within the stated delivery period please contact us immediately by e-mail or telephone.
 
On receipt of the Goods please inspect carefully for damage and advise the carrier's driver accordingly. If you are unable to fully inspect the Goods for whatever reason, please sign the consignment note as "unexamined". Should you sign the consignment note as "received in good condition" or fail to comment on the consignment note  (“unexamined” / “Damaged” etc), you may be liable for any damages.

 Any damage should be advised via e-mail to us within 24 hours of receipt.

Return of Goods.

If you are not satisfied with your purchase for any reason and you wish to return any goods please advise us via e-mail or by letter. The Company will advise you of the necessary steps to be taken via e-mail and must approve all returns outside the 14 day period referred to below before you dispatch the Goods back to us.

You can return your Goods in their original condition to:
 
Water Garden Ltd,

7 Warrior Business Centre,

Fitzherbert Road,

Farlington,

Portsmouth,

Hampshire.  PO6 1TX.

You will be responsible for the Goods until they reach us, so it is our recommendation that you use a secure delivery method, which requires a signature on delivery.
 
For standard products only ordered direct from our web site; providing the goods are returned in their original packaging and condition and within 14 working days of their delivery to you, the Company will issue a replacement or full refund to the total value of the Goods less carriage and packaging charges. The buyer will be responsible for the safe return of the Goods to the Company. However, if within this 14 day period, you return Goods to us which are faulty or that you have received by mistake, we will refund all payments made to us and also pay for the return postage. 

Please note, the 14 DAY MONEY BACK GUARANTEE does not apply to bespoke, custom made, non standard products that have been specifically ordered for a customer.  Items returned outside the 14 DAY MONEY BACK GUARANTEE will be subject to a 20% restocking fee and may also be subject to administration charges or manufacturers cancellation charges.

Product Faults & Warranty Returns.

If a fault occurs within the manufacturer's warranty period, please inform us immediately via email or call on 02392 373735.  Water Garden Ltd will discuss the fault and attempt to resolve the problem over the telephone or via email.  If the fault cannot be rectified by these means, Water Garden Ltd will discuss how the item should be returned for inspection / repair / replacement.

With regards to returning Electrical Goods for testing and unless otherwise agreed in advance, please ensure that the item is returned in its complete and original state, together with the original cable length.  This will allow us to safely test the product and minimise the risk of warranty rejection by the manufacturer.

You will be responsible for the Goods until they reach us, so it is our recommendation that you use a secure delivery method, which requires a signature on delivery.  We shall not cover the cost of returning the item back to Water Garden Ltd. 

In such cases where the goods are deemed to be faulty, we will return the repaired/replaced goods within the UK Mainland at our cost. In cases where Water Garden Ltd or the manufacturer have tested the goods and find the goods not faulty, they will be returned to the customer at their cost.

The cost of returning any items to Water Garden Ltd from outside of the UK (i.e. Scottish Highlands, Ireland, Europe) will remain at the customers cost.  The despatch of repaired/replaced items from Water Garden Ltd to customers outside of the UK Mainland will need to be paid for by the customer in advance of despatch from Water Garden Ltd.

If you have a complaint.

In the first instance please contact us by e-mail, stating clearly the nature of your complaint. All complaints are confidential and taken very seriously.  A Director will acknowledge your complaint within 5 working days. If for any reason a decision cannot be made within a further 10 working days, we will investigate your complaint thoroughly and keep you updated as to its progress.

If we find that you have a valid complaint we will endeavour to reach an amicable settlement with you as well as offering a full written apology. If we find that your complaint is not valid you will be contacted stating the reasons for our findings. If you are still unhappy with the outcome at this stage you have the right to take your case to a suitable arbitration service.

Price Match.

Where offered, Water Garden Ltd will aim to price match like-for-like products according to the following terms and conditions:

The product must be of identical specification, brand new and sold by a UK based retailer.

The competitor must be authorised by the specific manufacturer to promote and resell the product and honour guarantees.

The product must be in stock, ready for immediate despatch from the competitor.

Water Garden Ltd must be able to verify the competitor price.  Please call on 02392 373735 or email us with details.

Prices must include VAT & delivery costs and excludes Gift Vouchers, free product and special offers from Water Garden Ltd.

Items offered by auction websites, ebay, Amazon or private individuals are excluded from the Price Match offer.

Water Garden Ltd reserve the right to accept or decline the offer at its own discretion.

Proper Use.

Any person using our website does so at their own risk. The Company will not be liable for any loss or damage, howsoever arising, out of or in connection with the use, of our website or its content. Except as specifically stated on this Web site, to the fullest extent permitted at law, neither Water Garden Ltd nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this web site or the information, content, materials or products included on this site or otherwise supplied. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, Water Garden Ltd does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Water Garden Ltd, its affiliates, directors, employees or other representatives.
 
You will be responsible if you use this website in breach of these Terms and will reimburse us for any loss that you cause to us as a result of your misuse.

The Company does not warrant that our website will be uninterrupted or entirely error free.

The content of this website does not constitute advice and should not be relied upon in making, or refraining from making, any decision.

Viruses.

Whilst we use commercially reasonable efforts to check for the most commonly known viruses, we are not in a position to confirm that our website, e-mails and any attachments will be virus free and cannot accept any liability in this regard.  We therefore recommend that you carry out your own virus checks.

Data Protection.

We will only use the information you provide in accordance with our Privacy Policy.

Links.

Our website may contain links to other websites which are not under our control and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

General.

We may change or withdraw any part of our website, or may refuse you access to the website at any time if we consider it necessary.  It is your responsibility to ensure that you are aware of any changes we may make from time to time.  These terms are governed by the laws of England and Wales and only the courts of England and Wales will decide any disputes.  Nothing in these Terms shall affect your statutory rights as a consumer.

Gift Vouchers

Gift Voucher FAQs:

 Q. Can I redeem the Gift Voucher offered, on the same single order?
 A. Yes, as long as there are additional products in your shopping cart that equal or exceed the value of the Voucher.

Q. How can I redeem the Gift Voucher on the same single order?
 A. We can manually deduct the Voucher value from the total on request, before your payment is processed.  Please call us on 02392 373735 and we will process your order and deduct the Gift Voucher value for you.

Gift Voucher Terms & Conditions.

Gift Voucher(s) are supplied in the form of a unique code, which can be used at the Checkout or on the Shopping Cart of the website (www.water-garden.co.uk).  

Gift voucher codes expire 1 year from the date of issue and are not redeemable for cash value.  Voucher codes cannot be returned under our 14 day returns policy.  Cash refunds on gift vouchers are not available.  All other Water Garden Ltd Terms & Conditions apply.

The Voucher code will be processed and delivered via email to the recipient within 24 hours of purchase (vouchers purchased on weekend and bank holidays will be processed on the following working day) and are subject to payment authorisation before delivery to the recipient.

Gift Vouchers are deliverable via email only. The purchaser is responsible for the accuracy of the recipients email address; delivery to an incorrect but deliverable address provided by the purchaser is the responsibility of the purchaser, as is delivery to a non-existent email address.