Terms of Service and Company Policies - Water Garden Ltd

Terms & Conditions

Our Terms of Service

 

Please click on any of the links below to direct you to the segment or scroll down to view our full Terms & Conditions.

1. Terms & Conditions
- - - - 1.1  Definitions
- - - - 1.2  Copyright
2. Delivery Policy
- - - - 2.1  Services
- - - - 2.2  Offshore & Mainland UK Delivery Surcharges
- - - - 2.3  Overseas Delivery Charges
3. Placing an Order
- - - - 3.1  Prices
- - - - 3.2  Payments
4. Cancellations, Returns & Warranties
- - - - 4.1  Cancellations & Returns
- - - - 4.2  Who pays the carriage of the return?
- - - - 4.3  I have a problem with an item under warranty
5. Privacy Policy
- - - - 5.1  Your Data
- - - - 5.2  Third Parties
- - - - 5.3  Data Access
- - - - 5.4  Data Erasure
- - - - 5.5  Under 13s
6. Cookies
- - - - 6.1  What are Cookies?
- - - - 6.2  Cookie Usage
- - - - 6.3  What are your choices regarding cookies?
7. Making a Complaint

 

Water Garden Ltd Terms of Service

 

1. Terms & 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.

1.1  Definitions 

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.

1.2  Copyright

Water Garden Ltd and/or its licensors own the intellectual property rights for content on our website. The owned designs and content on our website 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 unless 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.

By using our website, you agree to respect the intellectual property rights and will only download content for your own personal and domestic use and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website.

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

2. Delivery Policy

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 a signature, Water Garden Ltd 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.

2.1  Delivery Services

We have a number of delivery services we use to get your package from us to its intended destination.  Please view the services we offer below.  Please note all services are subject to stock at the time of ordering.

Service

Cost

Standard 2-3 Day delivery (Place before 1:30pm)

Orders over £50 = Free

Orders under £50 = £4.60

Next Working Day

£14.95 (Please order before 1:30pm)

Saturday

£34.50 (Please order before 1:30pm)

Collection

Free (Please call to request this)


Next Day means next working day. This means bank holidays and weekends are excluded from delivery dates. We always do our very best to get orders out the same day they are received in order to arrive the next working day for UK addresses, subject to stock. However, in rare cases this isn’t always possible, even if the order was placed before the 1:30pm cut-off time.  In the event of an unforeseen delay, we will always let you know via the contact details provided on your order.

Upon despatch of your goods, Water Garden will send a confirmation email, including a tracking number where possible.

2.2  Highlands & Islands UK Delivery Surcharges 

Prices stated below are for guidance only. The stated prices are based on a single package weighing less than 25kg and approximate dimensions of less than H0.6m x W0.6m x L0.6m. Water Garden Ltd will do our very best to keep the cost of shipping to a minimum, but certain items on our website may require more than one package.

Isle of Wight

 £8.00

Isle of Man

 £24.60

Isles of Scilly

 £15.00

Guernsey

 £25.00

Jersey

 £25.00

Scottish Highlands & Islands

 £25.00

UK Northern Ireland

 £15.00

Republic of Ireland (ROI)

 £20.00

Delivery on orders of £50.00 value or greater (including VAT) will be charged at the above area surcharge for the relevant delivery destination.

Orders under £50.00 (including VAT) will incur a standard delivery charge of £4.60 as well as the above area surcharge for the relevant delivery destination.

Please feel free to place your order via the website or over the telephone and the delivery surcharge will be automatically applied based on your location. If your order requires any additional costs we will always inform you before proceeding. 
 

2.3  Overseas Delivery Charges

Please Note:  UK VAT will be chargeable to addresses in the UK Mainland, Northern Ireland & Isle of Man.  As of 1st January 2021, goods sent to all other destinations will be charged without UK VAT but local taxes, customs duties and courier admin fees may be charged by your local government or via the courier prior to delivery.  These charges will need to be covered by the receiver of the goods.

Please contact us to place your order. Water Garden Ltd will do our very best to keep the cost of shipping to a minimum, but certain items on our website may require more than one package.

Step 1. Email us or Telephone +44 (0) 2392 373735 with your list of products and your country of residence.

Step 2. Water Garden Ltd will reply with the total courier cost, based on your list of products. We will also confirm the total payment required.

Step 3. If you wish to proceed, please email us with your full name, full address (including postcode), Telephone number (mobile and landline if applicable).

Step 4. Water Garden Ltd will construct an order for you via our website, including the cost for shipping to your location. We will also email you with bank details for Direct Bank Transfer (if outside of the UK).

Step 5. Once payment has been received into Water Garden account, we will despatch the goods to your location. As a general guide, please allow 4-5 Working Days for the goods to arrive at your address.

Please note that certain fragile items, large items, or products containing fluids may not be possible to ship outside of the UK. Please email us with your choice of products and we will inform you if your specific item or items cannot be shipped.

We also ship internationally and can provide pallet shipments within the UK, Europe and various International destinations. For larger orders, please contact us for more details and pricing.

3. Placing an Order

You can order items displayed on this website by:
A) Using the online shopping facility (through our website).
B) Faxing or posting the completed order form to the address shown on our contact page.
C) Telephoning us on one of the numbers listed on our Contact Us 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.

3.1  Prices

Prices for Goods displayed on our website are in Pounds Sterling (£GBP) and include UK VAT.

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.

3.2  Payments & Security

This website uses secure socket layer (SSL) to protect your details. Accepted payment methods are Visa, Visa Debit, Visa Electron, MasterCard, Maestro, PayPal & American Express.  Our up-to-date SSL/TLS Security Certificate can be viewed by clicking the 'Norton Secured' icon at the bottom right of our website.

Water Garden Ltd Gift Vouchers can also be used to pay part or all of an order when used online.

We currently charge Credit/Debit card accounts within one working day from date of order.

You can also pay for your Goods via Cheque or Bank Transfer.  Please allow up to 7 working 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.

Note: All goods remain the property of Water Garden Ltd until they are paid for in full.

4. Cancellations, Returns & Warranties

4.1  Cancellations & Returns

You are entitled to cancel your order from the time you placed the order to 14 days after you receive the order, except if:

  • The item is a bespoke item or made to order.
  • The item is perishable and  has a short lifespan.
  • The purchase is a service that has already started.

We ask that you contact us without delay if you wish to cancel by calling or emailing us via the details found on our Contact Us page.

If the order has yet to be despatched, then we will simply return any costs paid in full back to the original method of payment and cancel the order for you.

If the order has already been despatched but is within 14 days of receipt, then you will need to return it to us before we are able to issue a refund. You have an additional 14 days from after you notify us to do this.  Any returns outside of this timeframe could be subject to refusal, or, the issue of gift vouchers to a similar sum, or, acceptance subject to a 20% restocking fee at a Director’s discretion.

If the order is no longer required, please return all items in an unused and original state (i.e. how they were received by you), within the timeframe stated above.  Please contact us via email or telephone before returning so we can issue you with a Returns Identification Number to ensure we can identify the goods upon their return to our premises.  Once received and inspected, we will issue a full refund for the goods including standard outbound delivery charge (£4.60), if incurred.  Any extra delivery service costs (i.e. next day before 12pm, Saturday or Highlands/Islands surcharges) will not be reimbursed.

If the item is faulty or broken upon arrival, then we will offer you a replacement or a full refund including delivery. However, we may ask for an image of the damage to pass on to our supplier/carrier. In most cases, we will require the item back for testing to confirm the fault.  Please ensure you notify us within 24 hours of receiving the goods should any damages occur.

Our address is:
Water Garden Ltd
Unit 7 Warrior Business Centre
Fitzherbert Road
Farlington
Portsmouth - Hampshire
PO6 1TX

4.2  Who pays the carriage of the return?

If the item is faulty upon arrival or the information on the product page was incorrect or misleading, then we will pay the costs of getting the item collected from the original delivery address.

If you no longer want the item or ordered it by mistake or accident then it is your responsibility to arrange return of the goods.

However, we understand not every situation is black and white and we will treat these situations on a case-by-case basis.

4.3  Warranties

If you believe you have a faulty item under warranty, please give us a call or email us. We usually need to ask some questions and find out more information on the fault before proceeding. We will also talk you through what you need to do should we be unable to rectify the problem over the phone.

We will require the item back in order to inspect or test it. This, unfortunately, has to be done before we honour any warranty on the product.  If the purchase arrived with you more than 14 days ago, then you are expected to pay the costs of the return. However, if the item is found to be faulty, we will of course despatch any replacement to you free of charge. 

When sending back electrical goods, 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. If you are unable to do this, please contact us and we will attempt to find a resolution.

5. Privacy Policy

This section explains what data we ask of you and how we use it.  We are forthcoming about we do with your data and we have taken measures to protect it. If you have any questions or are not happy with the way we use your data, please send us an email at [email protected] and we will respond to you within 7 working days.

5.1  Your Data

We ask for your personal data when making an account with us. This information is considered essential in order to process any purchases you make with us, but there are a few things we do with the data which we consider in the best interest of the service we provide to you. Here is a list of the information we require and why we will ask you for it.

Data we ask for:

Why we ask for it:

Your Email Address.

  • To send you a confirmation of your order.
  • To email you of any important updates to your order.
  • To give you tracking details so you are able to track your order.
  • To send you a review request in order for you to voice any complaints and give feedback.
  • To send you reminders of orders you may have left uncompleted.
  • OPTIONAL: If you subscribe to our newsletter you are included on any future non-essential Water Garden Ltd emails.

Your Phone Number

  • To contact you regarding your order or orders.
  • So that our courier can contact you if there is a problem during delivery.
  • To contact you for any other essential reason, usually where time is a key factor.

Your Name or Company Name

  • This is used to identify you or your company and your account with us.
  • To address the delivery to you directly unless you tell us to do otherwise.

Your Address or Multiple Addresses

  • Delivery address is used to send your goods to you.
  • Invoice address is used to make card fraud security checks when processing some payments.

Your Payment Information*

  • To take payment for any goods you purchased.
  • To issue any refunds or credits.

*We do not hold or store your card details or PayPal information. All payment information is handled by Sage Pay Europe, an online payment service provider.


5.2  Third Parties

In some cases, your information will be passed on to a third-party.  Below is a breakdown of the third-parties we use, and why we use them.

All our third parties do not process your data outside the EU. 

Third-party:

Why we use them:

What data is sent to them:

Hotjar Ltd Hotjar records user experiences, which we use to make ongoing improvements to the website. All data collected is anonymized. 
  • IP Address
  • Device Information
  • Geographic Location (Country)
  • Mouse & Key Events
  • Website Navigation

Evosite Ltd

Evosite manages our website. This is how we access your order information and process it. 

  • Email Address
  • Phone Number
  • Name/Company Name
  • Address/s
  • Order Information
  • Hotjar Data

Sage Pay Europe Ltd

SagePay securely take and hold order payment, whether it is by card or by PayPal. We will then accept or decline the payment based on fraud screening.

  • Email Address
  • Phone Number
  • Name/Company Name
  • Address/s
  • Card Details
  • Order Information
  • IP Address

FedEx / DPD

We send some of your details over to carrier services so that your order can be despatched from us and delivered to you. We issue contact details so that the carrier can email you tracking details and contact you if they have any issues delivering your goods.

  • Email Address
  • Phone Number
  • Name/Company Name
  • Address/s

Zendesk

If you use our online chat feature, the chat history and details you input are kept for our agents to refer back to if needed.

  • Email Address
  • IP Address
  • Name (As entered)

Reviews.co.uk

We send details of your order to Reviews who will send you a review email on our behalf. This gives you the opportunity to send us feedback after you have received and used your purchase.

  • Email Address
  • Name/Company Name
  • Order Information
Loqate

We send your postcode to Loqate for address lookup when/if the feature is used by yourself. They keep your postcode briefly, and your IP address for 30 days for security purposes. 

  • Postcode
  • IP Address

5.3  Data Access

You can make a data access request which requires us to give a copy of all the data we hold on you. We don’t collect any information from other sources, so this will be information you have given us through our website along with any orders you have placed with us.

You will also be sent additional information on how we process this information, who we share this information with and how long we keep the information.

If you wish for a copy of your data, you can simply email us at [email protected] asking for the data we hold on you. 

We will respond promptly. Depending on the amount of data we have on you it may take 3+ working days to complete your request after we reply, but it will always be completed within 30 days of you making the request. 

5.4  Data Erasure

You are entitled to have any non-essential data removed upon request. Your details will no longer be used by the business and are obfuscated on our system. This remaining information will have limited and authorised access to essential personal exclusively for evidence pertaining to UK and EU Laws, such as HMRC (Tax).  

If you wish to have your data removed, you can find the data erasure request form ##HERE##

We will respond promptly and complete the erasure within 30 days.

5.5  Under 13s

Water Garden Ltd and this website does not make any attempt to collect the personally identifiable information of children and if you are a parent or guardian and believe that your child has entered this information into our website, please let us know by contacting us directly by email at [email protected]

We have measures in place to erase and obfuscate such data and we will do so immediately.

6. Cookies

Water Garden Ltd use Cookies on our website (water-garden.co.uk) to enhance the user experience of our online visitors. Some of these cookies are our own, whereas others are from third-parties.

6.1  What are Cookies?

Cookies are small text files that are downloaded on certain websites to store information about your session online. This information enables websites to improve the services they offer.

Most of the cookies we use are session only, which means they are deleted when you close your browser. Some cookies are considered permanent, which means they may not expire for up to 2 years if they are not manually cleared from your browser.

6.2  Cookie Usage

We classify our cookies in three different categories:

Essential - These are essential for the site to function as intended. In our case, these do such things as remember what items you have in your cart or if you're logged in to your account. If you do not agree to using these cookies, you cannot use our website. 

Analytics - These are used to track a user’s actions throughout our website. We use this information to make ongoing improvements and make sure visitors find what they're looking for as quickly and painlessly as possible. These cookies are optional.

Non-essential - These are cookies that add functionality to our website but are not essential to use it. For example; we have a cookie that allows our chat feature to remember you if you navigate away and come back later. If you disable these, you may lose access to certain features, but you will still be able to browse and place orders. 

6.3  What are your choices regarding cookies?

When accepting cookies upon your first visit to our website, you can select what types of cookies you permit under “Cookie Settings”. These choices can be changed at any time by clicking the small "i" icon in the bottom left of our website.

If you'd like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

 

7. Making 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.

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