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Terms and Conditions

General:
1. These terms and conditions apply to all orders made by 'you' (the customer) upon placing an order for a product via our website; www.aqualandscapedesign.co.uk, which is operated by 'Aqua Landscape Design Ltd' (the business). Please reads these terms and conditions carefully before ordering.
2. By ordering a product using this website you accept and agree to be bound by these Online Sales Terms and Conditions and such other policies including our Privacy Statement as 'we' (Aqua Landscape Design Ltd) notify you of from time to time, which together constitute the entire agreement between 'us' (the, customer & Aqua Landscape Design Ltd). Nothing in these Online Sales Terms and Conditions affects your statutory rights, either as a consumer or otherwise.
3. The business gives no assurance as to the mutual compatibility of components sold on any single invoice. It is the responsibility of you to ensure that the goods purchased are suitable for the purpose intended. Advice sought by the customer from the business in this respect may be given but cannot be relied upon by the customer or guaranteed by the business unless we has access to the working system and the ability to carry out a full inspection of any equipment.
Privacy & Communications:
1. When you place your order, we collect certain personal and transactional information (e.g. name, address, email address, credit/debit card details). For details on how we use this information, please read our Privacy Statement.
2. To fulfil the business obligations to you under these On-line Sales Terms and Conditions we communicate with you by e-mail and phone. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communication is in writing.
The Contract between us:
1. Upon placing an order to purchase items using our website this is an offer by you to us to purchase those items. We will confirm receipt of your order by sending you an email summarizing the details of your order. We accept your order only when we send an e -mail confirming that we have despatched the items in your order. The contract between us is formed at the point you make a purchase.
Illustrations, Colours, Specifications, & Dimensions:
1. Product images are for illustrative purposes only and may differ from the actual product. We reserve the right to change or amend these images without notice.
2. We have made every effort to provide illustrations and display the colours, specifications and dimensions of items on the website as accurately as possible. The colours you see will depend on the resolution of your monitor; we cannot guarantee that your monitor's display of any colour will reflect accurately the colour of the item delivered. We may from time to time vary the dimensions, specifications and quantities of items displayed on our website without prior notice.
Substitution Items:
1. The business reserves the right to substitute an item of equal or greater value than the original, or issue a refund for the product. When substituting we will always attempt to substitute with an item as similar as possible to the original order and always confirm this via the email supplied by the customer.
Advertised Price:
1. The total price payable for the goods will be stipulated at the time when you place your order and are invoiced in GBP sterling. We are entitled to make adjustments to the price to take account of any increase in our supplier's prices, or the imposition of any taxes or duties, or when the price published for the goods is wrong as the Website contains a large number of goods and it is always possible that, despite our best efforts, some of the goods listed could be incorrectly priced. We are under no obligation to provide the goods to you at the incorrect (lower) price, even after we have sent you a dispatch confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
2. We will inform you of the correct price and give you the opportunity to cancel the order. In the event of not being able to contact you, we will treat your order in respect of the incorrectly priced item as acceptance and charge you accordingly.
3. All prices on our website are inclusive of VAT but exclusive of delivery charges which will be payable as indicated at the time of placing your order.
4. Prices displayed on the Website apply to online purchases only. They are not indicative of the price of identical items purchased in our store or by any other means.
Payment:
1. Payments for products purchased on our website are usually made by supplying your credit/debit card details on the secure online order form. We regret that we cannot accept cheques, gift vouchers or cash as payment online.
2. When you place your order, our system automatically asks your card issuer for authorisation for this amount. If we get a valid authorisation, your card issuer will hold this value expecting a charge from us.
3. Receipt of your credit card details and debit of payments does not constitute our acceptance of your order.
4. Please note that we cannot guarantee the security of data when communicating via email and not using our secure online order form with the business, accordingly please do not send us payment information using email.
5. For details of the security measures we employ please read our Privacy Statement.
6. Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order.
Cancellations:
1. If you are contracting as a consumer, you may cancel an order at any time within seven working days, beginning on the day after you received the goods. In this case, you will receive a full refund of the price paid for the goods in accordance with our Returns Policy(below).
2. To cancel an order in these circumstances you must inform us in writing by email you must also return the goods to us immediately in the same condition in which you received them to Aqua Landscape Design Ltd, Castle Gardens, New Road, Sherborne, Dorset, DT9 5NR, at your own cost and risk. You have a legal obligation to take reasonable care of the goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right against you for compensation.
3. If you wish to cancel your order before the goods have been received, please contact us by email. As we try to process orders immediately it may not always be possible to prevent an order from being despatched. If your order has already been despatched you may return the items to us in accordance with our Returns Policy (below).
Returns:
1. When you return a product to us because you have cancelled the order within the seven-day cooling off period, we will process the refund due to you as soon as possible and, in any case within 30 days of the day that you have given notice of your cancellation. In this case we will refund the price of the goods in full, excluding the cost of sending the item to you. You are responsible for the cost of returning the item to us and this is subject to clause iv. Below. You must also retain proof of purchase.We cannot refund any priority, express, or courier component of the postage charge.
2. If you are not contracting as a consumer or the seven day cooling off period has passed but you wish to cancel your order within 30 days of receipt of your product/s please contact us by email. The product/s, packaging and/ or instructions are to be returned in perfect condition to Aqua Landscape Design Ltd, Castle Gardens, New Road, Sherborne, Dorset DT9 5NR.
3. Unless the items are faulty and/ or damaged we are under no obligation to accept items for refund and/ or provide a refund. In the event of an item for reasons such as the item is no longer required or suited. We will endeavour to provide the customer with a credit that can be used against other items on our website to the same value.
4. The product/s being returned must be securely packaged to avoid any damage. We recommend returning the products by recorded or special delivery and it is your responsibility to ensure adequate insurance is in place to value of the item/s being returned.
5. In the event of loss and/ or damage to item/s being returned, the business reserves the right to recover the loss from the customer. The customer will indemnify the business any consequential loss or damage howsoever caused.
6. The business does not accept responsibility for goods returned by a customer, but which are not received, unless proof of delivery to us or receipt by carrier is supplied. It is the responsibility of the customer to ensure contact is made to the carrier and communication thereafter until a solution has been fortified.
7. On safe return of item/s; the business will refund all sums paid by you, less cost of postage.
8. Return of goods after 7 days is at our own discretion.
9. Products that are especially made/ordered, perishables i.e. magazines, pond liners, plants, stainless steel products, videos, books etc. cannot be returned for refund unless faulty/damaged.
10. Defective items:
  1. You have the right to return a faulty item within 30 days.
  2. Goods must NOT be tried/tested.
  3. Products that carry a manufacturer's guarantee can be returned, if faulty to us for exchange/refund during the warranty period.
  4. All products still in guarantee will be tested upon return.
  5. If a product is damaged or faulty then collection of product will be arranged by us.
  6. We will endeavour to send you a replacement providing it is in stock as soon as possible upon receipt of the defective/ faulty goods. Alternatively we will refund the item once it has been returned.
11. Incorrect Items:
  1. If we have sent you an incorrect item, please notify us by email as soon as possible or within 30 days and return the incorrect item to us and specify the correct details in writing. If you would like us to replace the incorrect item with the item you ordered we will send you the correct item as soon as possible or alternatively we will refund the item once it has been returned. We will not charge you for the incorrect item and we must have the incorrect item returned before investigating.
12. Items damaged in Transit:
  1. If you take delivery of a package from us which appears to have damaged packaging and/ or the contents have been damaged in transit, you must notify us immediately by email. We will exchange the damaged items without charge to you provided you return the damaged item(s) to us by recorded/ special delivery within 30 days of taking delivery. Proof of recorded/ special delivery MUST be kept.
13. Costs:
  1. Please return any incorrect item to: Aqua Landscape Design Ltd, Castle Gardens, New Road, Sherborne, Dorset DT9 5NR. We will replace or refund you for the incorrect item upon receiving the returned goods along with postage. Until you return items to us you are responsible for their safe keeping and taking reasonable care of them. We do not accept liability for returned packages damaged during transit back to us. It is your responsibility to wrap products adequately to prevent damage.
Delivery:
1. The business will arrange via a courier to deliver your goods within 2-5 working days providing they are in stock. If they are not in stock a member of our customer service team will contact you to discuss further.
2. All orders are available to be tracked online and our courier will contact you to advise on a delivery date. Any queries relating to delivery must then be dealt with via our courier.
3. Goods must be signed for upon delivery and any damages/shortages reported to us within 24 hours.
4. If goods are not received within 21 days, contact us direct and we will offer you alternative products to the same value or a full refund.
5. The business denies any liability for any consequential loss caused by damaged or faulty items, delay in dispatch or delays by carriers. In the unlikely event of a delivery not arriving on time, any extra delivery charge will be refunded. However we cannot accept any liability involving third party contractors and would advise that no arrangements be made for installation until you are in receipt of your order.
6. Our courier companies will attempt to delivery your item/s on two occasions (A card should be posted at each unsuccessful delivery attempt). If at this point a delivery cannot be made the parcel/s will be returned to the depot for collection by yourself.
7. Please note that if you order a number of items for delivery to the same address, they may be despatched separately and we cannot guarantee delivery on the same day unless specific day delivery is selected. However we are unable to guarantee delivery will be made by the one courier visit.
8. Delivery occurs when the items are delivered to the address you specified when placing your order. At this point, responsibility for loss, breakage and damage passes to you. Should you specify at point of order that goods are left with a neighbour, this is done so at your own risk. All goods must be signed for upon delivery.
9. Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.
Postage:
1. We offer free delivery on all orders over £75, unless stated within UK mainland, excluding the following postcodes: AB30-56, IV, HS, KA27-28, KW, PA20-49, PA60-78, PH17-26, PH30-50 & ZE
2. Orders up to the value of £74.99 will be subject to a £7.00 delivery charge, unless stated.
3. The Isle of Man (IM), Northern Island (BT) & Isles of Scilly (TR21-25) are all subject to additional delivery charges.
4. Please contact us for prices on delivering to any of the above locations or any other destination not mentioned.
5. Pallet rates available on request.
6. We make every effort to despatch items on time. If we are unable to deliver the items within your chosen arrival period, we will aim to contact you to discuss your options and despatch as soon as possible.
7. Standard deliveries to UK addresses:
  1. These are made within 5 working days from point of order.
8. Specific day delivery to UK addresses:
  1. These are made by midday Tuesday to Friday subject to availability, 48 hours notice is required.
9. Deliveries to addresses outside the UK:
  1. These are made within 10 working days.
Orders for Delivery Outside the United Kingdom:
1. The products specified on this website are suitable and approved for use for customers within the United Kingdom (excluding Channel Islands and Isle of Man). Customers who choose to purchase items for usage and distribution to locations outside the United Kingdom do so at their own risk and have a personal responsibility regarding compliance with local laws.
Customs Duties:
1. If you order items for delivery outside the United Kingdom they may be subject to import duties and taxes. These are levied once the items reach the specified destination. You, the customer are responsible for any import duties incurred on your own purchases. We have no prior warning on whether these charges may be incurred or what value they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Please note that for items you order through our website; you are considered the importer and must comply with all laws and regulations of the country in which the items are to be delivered. Please note that cross-border deliveries are subject to opening and inspection by customs authorities. We cannot guarantee that your goods will arrive in the same condition that they were despatched should they be subject to inspection.
Losses:
1. We will be responsible for any losses you suffer as a direct result of us breaching On-line Sales Terms & Conditions if those losses were reasonably foreseeable to both you and us at the time the contract for the sale of items by us to you was formed. We will not be responsible to you or any third party for any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from our actions or the actions of our sub-contractors or agents, is consequential or was not reasonably foreseeable to both you and us when the contract between us was formed.
2. Our liability to you under these On-Line Sales Terms & Conditions will not exceed the total price charged for the items purchased.
3. Nothing in these On-line Sales Terms & Conditions excludes our liability to you for personal injury or death caused by our negligence.
Events Beyond our Reasonable Control:
1. We will not be responsible to you for any delay or failure to comply with our obligations under these On-line Sales Terms & Conditions if the delay or failure arises from any cause beyond our reasonable control.
2. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Alterations to this Website & Terms & Conditions:
1. We reserve the right at any time to make changes to this website, these On-line Sales Terms & Conditions, Privacy Statement and such other policies as we may notify you of. You will be subject to the policies and terms and conditions in force at the time you use the website or order items from the website.
2. Changes which we are required to make by law could apply to orders which you have already made. If any of the terms and conditions forming the contract between us are deemed invalid, void or unenforceable for any reason, it will be deemed severable and not affect the validity and enforceability of the remaining terms and conditions.
Waiver:
1. If you breach these On-line Sales Terms & Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
Governing Law & Jurisdiction:
1. These On-line Sales Terms & Conditions are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the nonexclusive jurisdiction of the English courts, as do we.
Complaints Procedure:
1. If you have any complaints please do not hesitate to contact us, we will be happy to sort out any problems you may have.
2. Contact us with your complaint either by email or write to us at: Aqua Landscape Design Ltd, Castle Gardens, New Road, Sherborne, Dorset DT9 5NR.
Customer Support:
1. For any enquiries please either email us at: sales@aqualandscapedesign.co.uk or by phone on; 01935 816 770.
2. Our address is: Aqua Landscape Design Ltd, Castle Gardens, New Road, Sherborne, Dorset DT9 5NR.
3. Our registered office is: 184 Hiltingbury Road, Chandlers Ford, Hampshire SO53 5NS. Registration Number: 6659053
Force Majeure
1. The Business shall have no liability to you if it is prevented from, or delayed in supplying the goods or services by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Business subcontractors.
Severance:
1. If any provision of these On-line sales Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the On-line Sales terms and Conditions, and the validity and enforceability of the other provisions of the On-line sales Terms and Conditions shall not be affected.
Governing Law
1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site. These On-line sales Terms and Conditions are governed by English law.

Privacy Policy Relating to Online Sales

Your privacy is important to us. This privacy statement describes the online information practices which we Aqua Landscape Design Ltd ("we", "our") employ in relating to the information which you, our customers, ("you", "your") provide when using the www.aqualandscapedesign.co.uk website ("Website"). By accessing and using the Website you are accepting and agreeing to the practices described in this Privacy Statement.

The Information We Collect:
1. We collect personally identifiable information relating to you including name, address, phone number, e -mail address, credit/ debit card information ("Personal Information") in the following situations:
2. Information you provide:
  1. When you contact us to obtain information relating to us or our services, communicate with us by phone, e-mail or otherwise.
3. Information collected automatically using "cookies":
  1. Whenever you interact with the website, we receive and store certain types of information using "cookies". We describe how we use "cookies" below.
4. Information from other sources:
  1. We receive information from third parties we use in providing services to you from time to time (including delivery and address information from our couriers and account and credit history information from credit bureaux and sources we use to process payments.
How We Normally Use Information About You:
1. We will only use your Personal Information for the purpose(s) for which you provide it to us - including, for example, to: respond to your enquiries, handle orders, deliver items and process payments, communicate with you about orders, products, services and promotional offers, update our records and maintain any on-lin e account you may have with us, prevent or detect fraud or abuses of our Website; and enable third parties to carry out technical, logistical or other functions on our behalf.
2. We only share your Personal Information with our other offices or authorised distributors where appropriate and with other entities only as described below. We ensure the parties with whom we share your Personal Information follow practices at least as protective as those described in this Privacy Statement.
Agents:
1. From time to time we employ other companies to perform functions on our behalf including fulfilling orders, delivering packages, sending customer communications, analysing data, processing credit card payments and providing customer service. They have access to Personal Information needed to perform their functions, but may not use it for other purposes.
2. Promotional offers: if you have consented in advance we send you information on our promotional offers and those offered by other businesses. If you no longer want to receive such offers, please notify us by email sales@aqualandscapedesign.co.uk.
3. Business transfers: in any transactions (e.g. buying or selling of stores or business units).
4. To prevent fraud or reduce credit risk we may exchange your Personal Information with other companies and organisations; with your consent: other than as set out above, you will receive notice when information about you might go to third parties and you will have an opportunity to choose not to share your information.
5. We may transfer Personal Information which users in the European Union provide to us to other countries (including the United States), the data protection laws of which may differ from those of the European Union, and you expressly agree to such transfer.
Collection of Information by Third-Party Sites:
1. Our Website may contain links to other websites whose information practices may be different to ours. You should consult the privacy notices of those third party sites as we have no control over information that is submitted to, or collected by them.
Security:
1. We employ security measures to prevent unauthorized access to information that we collect online.
2. We use a secure online order form for all purchases made via our website. All data transmitted via this form (including credit card details) is encrypted so it istransmitted securely. To verify this, when placing an order using the website, a padlock will appear in your browser. It is normally in the status bar, towards the right hand side, at the bottom of your browser window. You can double click this padlock to verify that the secure certificate has been issued to the Website.
3. Our security is guaranteed by the certificate provider.
4. Please note that email correspondence with us is in free format text and cannot be encrypted. Accordingly please do not send any sensitive information such as credit card details or passwords via email.
Cookies:
1. A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the Website can remember who you are. A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number.
2. When you visit our Website we send you a cookie. Cookies may be used in the following ways: To enable the personalisation features on ourWebsite (which give you the ability to recall recently viewed pages and see information which you have input on line). To compile anonymous, aggregated statistics that allow us to understand how users use our Website and to help us improve the structure of our Website. We cannot identify you personally in this way.
Disabling / Enabling Cookies:
1. You can accept or decline "cookies" by modifying the setting in your browser. Please note that if you disable "cookies" you may not be able to use all the features of our Website.
Revisions to this Privacy Statement:
1. We reserve the right to revise this Privacy Statement or any part of it from time to time. Please review the Privacy Statement periodically for changes. Unless stated otherwise, our current Privacy Statement applies from time to time to all information that we have about you.
How to contact us:
1. If you have any questions or concerns about this Privacy Statement or how we use your Personal Information you may contact us by email at sales@aqualandscapedesign.co.uk.
2. If at any time you decide that you no longer wish us to hold or use any of your Personal Information or wish to change the use to which your Personal Information can be put, please let us know by emailing us at sales@aqualandscapedesign.co.uk.
Controller of Your Information:
1. If you have any further questions about our privacy policy or its implementation, please contact us. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it and in what circumstances we disclose it.
2. Information which you provide to us or we gather from the website is controlled primarily by: Aqua Landscape Design Ltd, Castle Gardens, New Road, Sherborne, Dorset DT9 5NR. Our registered office is: 184 Hiltingbury Road, Chandlers Ford, Hampshire SO53 5NS. Registration Number: 6659053