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| Consultation, Design and Construction of Aquatic Features | Fish Treatment & Advice, Pond Cleaning & Diving |
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DEFINITIONS
“Acceptance E-mail”
means the e-mail sent by the Business to the Customers Address confirming the Business’s acceptance of the Customers online order
“Billing Address”
means the postal address provided by the Customer at the time of order to which the Business shall send the invoice. This address will normally be the address to which the goods are delivered unless the Customer provides an alternate delivery address in accordance with condition 5.1.
“the Business”
means Jewels Ponds and Gardens
“Contact Address”
means the postal address at which the Customer can contact the Business as stated on the Website and in the Acceptance E-mail.
“Contract”
means the Contract for Goods formed between the Business and the Customer upon receipt by the Customer of the Acceptance E-mail sent by the Business to the Customers Address.
“Contract Price”
means the price stated as the total payable in the Acceptance E-mail
“Customer”
means the person who placed the order for the Goods as named in the Acceptance E-mail
“Customers Address”
means the e-mail address provided by the Customer on the online order form.
“Delivery Address”
means the address for the delivery of the Goods provided by the Customer on the online order form.
“Goods”
means the Goods forming the subject of the contract between the Business and the Customer as specified in the Acceptance E-mail
“Website”
means the Business’s Website at www.jewelspondsandgardens.co.uk
1. THE CONTRACT
1.1 The Customer shall be deemed to have read and accepted these terms and conditions if they click the button confirming that they have read and accepted the terms and conditions in order to proceed with the order.
1.2 The Business must receive payment of the Contract Price before an order can be accepted. Once the Business has received payment the Business will confirm that the Customers order has been accepted by sending an Acceptance E-mail to the Customers Address. Receipt by the Customer of the Acceptance E-mail brings into existence a legally binding contract between the parties subject to the rights to cancel set out in conditions 4 and 5 below.
2. PRICE
2.1 Prices of the Goods are set out on the Website. The prices on the Website are exclusive of VAT which is payable at 17.5%. Confirmation of the prices payable together with a breakdown of the order and the total amount payable by the Customer will be set out in the Acceptance E-mail.
2.2 Prices shown on the Website do not include delivery charges. The customer will be required to pay an additional delivery charge which will be set out in the Acceptance E-mail. It may not be possible for the Business to deliver Goods to all locations. Delivery is £8.00 for orders under £25.00 and over £25.00 delivery is free.
2.3 The Business will endeavour to ensure that the descriptions and prices shown on the Website are accurate but will not be responsible for any errors that may occur. In the event that an error is discovered the Business will notify the Customer by e-mail as soon as possible and the Customer will be entitled to cancel the Contract if they wish.
3. RIGHT FOR CUSTOMER TO CANCEL CONTRACT
3.1 The Customer is entitled to cancel the Contract at any time without giving any reason for cancellation.
3.2 To cancel the contract the Customer must notify the Business by e-mail.
3.3 If the Contract is cancelled before the Goods are processed for delivery no cancellation penalty or administration fee will be charged.
3.4 If the Contract is cancelled but the Goods have already been processed for delivery or delivered to the Customer a £20.00 administration fee will be charged. The Customer must not unpack the Goods when they are received. The Business will arrange for the Goods to be collected from the Delivery Address at the Customers expense.
3.5 Once the Business receives the Customers notice of cancellation or the Goods are returned to the Business (whichever event occurs sooner) any sum debited from the Customers credit card will be re-credited to the Customers account as soon as possible and in any event within 30 days of the order LESS the Business’s costs incurred in retrieving the Goods and any administration fee payable in accordance with condition 3.4 PROVIDED THAT the Goods in question are received by the Business in the condition they were in when delivered.
4. CANCELLATION BY THE BUSINESS
4.1 The Business reserves the right to cancel the Contract if:
4.1.1 the Business have insufficient stock to deliver the Goods ordered;
4.1.2 the Business is unable to deliver the Goods, either because it does not deliver to the Customers area or because delivery failed for whatever reason;
4.1.3 one or more of the Goods ordered was listed on the Website at an incorrect price due to a typographical error or an error in the pricing information received by the Business from their suppliers.
4.2 If the Business cancels a Contract they will notify the Customer by e-mail to the Customers Address and will re-credit to the Customers account any sum deducted from the Customers credit card as soon as possible but in any event within 30 days of the order. The Business will not be obliged to offer any additional compensation for disappointment suffered.
4.3 If the Business is unable to supply the Goods ordered for whatever reason, the Business will offer the Customer an alternate product.
4.3.1 If a suitable alternative is available but the Customer still wishes to cancel the order a £20.00 administration fee will be deducted from the amount refunded to the Customers credit card.
4.3.2 If the order can be fulfilled in part then the Business will supply the Goods that are available and refund the price of the unavailable Goods in full to the Customers credit card.
4.3.3 If no alternate Goods are available the Business will refund the full amount of the order to the Customer.
5. DELIVERY OF GOODS TO CUSTOMER
5.1 For credit card orders the Business shall deliver the Goods ordered to the Billing Address only. If payment is made using an alternative payment method the Business shall deliver the Goods to the Billing Address unless the Customer specifies to the Business on the online order form that an alternate delivery address should be used.
5.2 Delivery will be made as soon as possible after the order is accepted, wherever possible on the next working day, and in any event within 30 days of the order.
5.3 The Customer will become the owner of the Goods ordered when the Goods are delivered. Once Goods have been delivered they will be held at the Customers own risk and the Business will not be liable for their loss or destruction.
5.4 In the event that delivery fails through a fault of the Customer (for example if the address given for delivery is incorrect) the Business shall be entitled to cancel the Contract in accordance with clause 4.1 above and re-credit the Customers account any amount deducted from the Customers credit card after deducting a £20 administration fee and any delivery fees incurred for the abortive delivery.
5.5 Times and dates for deliveries are commercial estimates only and are not contractual obligations on the Business. The Business will make every endeavour to deliver Goods by the time or date given, but will not accept cancellation or any liability whatsoever for the failure or delay in despatch.
5.6 Delivery may be suspended pending any contingency beyond the Business’s control (such as fire, accident, war, strike, breakdown, lockout, government priority order, transport, difficulty or delay, force majeure, shortage of labour, fuel or raw materials or otherwise) thus preventing or delaying the manufacture or despatch of Goods and all contracts are accepted on the condition that the Business shall be exempt from all liabilities arising from any such occurrence.
6. LIABILITY
6.1 The Business shall assign to the Customer (so far as the Business is able to do so) any warranties given by the manufacturers of the Goods. It is the Customers responsibility to register any such warranties with the manufacturers. The Business shall accept no responsibility for the warranties being invalid because they have not been correctly registered.
6.2 If the Goods delivered are not what the Customer ordered or are damaged or defective or the delivery is of an incorrect quantity, the Business shall have no liability to the Customer unless the Customer notifies the Business in writing at their Contact Address of the problem within 10 working days of the delivery of the Goods in question.
6.3 If the Customer notifies a problem to the Business under this condition, the Business’s only obligation will be, at the Customers option:
6.3.1 to make good any shortage or non-delivery;
6.3.2 to replace or repair any Goods that are damaged or defective; or
6.3.3 to refund to Customer the amount paid for the Goods in question in whatever way the Business choose.
6.4 In no circumstances shall the liability of the Business to the Customer exceed the value of the Contract.
6.5 The Business shall not be liable for the acts or omissions of any third parties to the Contract.
6.6 Save as precluded by law, the Business will not be liable to the Customer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem notified by the Customer to the Business under this condition and the Business shall have no liability to pay any money to the Customer by way of compensation other than to refund to the Customer the amount paid for the Goods in question under clause 6.3.3 above.
6.7 The Customer must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from the Website. The importation or exportation of certain Goods to the Customer may be prohibited by certain national laws. The Business makes no representation and accepts no liability in respect of the export or import of the Goods purchased.
6.8 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights the Customer might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit the Business’s liability to the Customer for any death or personal injury resulting from the Business’s negligence.
7. NOTICES
Unless otherwise expressly stated in these terms and conditions, all notices from the Customer to the Business must be in writing and sent to the Contact Address and all notices from the Business to Customers will be sent by e-mail to the Customers Address.
8. EVENTS BEYOND THE CONTROL OF THE BUSINESS
The Business shall accept no liability to Customers for any failure to deliver Goods ordered or any delay in delivery or for any damage or defect to Goods delivered caused by any event or circumstance beyond the Business’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
9. INVALIDITY
If any part of these terms and conditions is unenforceable (including any provision in which the Business excludes liability to the Customer) the enforceability of any other part of these conditions will not be affected.
10. PRIVACY
The Customer acknowledges and agrees to be bound by the terms of the Business’s privacy policy. To read the privacy policy, click here.
11. THIRD PARTY RIGHTS
Except for the Business’s affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12. GOVERNING LAW
The contract between the Business and the Customer shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes.
13. VARIATION
No variation or amendment of these terms and conditions shall be valid unless confirmed in writing by the Business.
14. ENTIRE AGREEMENT
These terms and conditions, together with the current Website prices, delivery details, contact details and privacy policy, set out the whole of the agreement relating to the supply of the Goods to the Customer by the Business. Nothing said by any sales person on the Business’s behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods offered for sale. Save for fraud or fraudulent misrepresentation, the Business shall have no liability for any such representation being untrue or misleading.
15. GENERAL
For the purpose of any dealings between the Business and the Customer time shall not be of the essence. |
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