(Updated July 2018)
This website is owned and operated by World
of Garden Products Limited (referred to as "worldofwatering.co.uk/worldofgardena.co.ukwe/our/us").
As user of this website (referred to as "you/your") you acknowledge that
any use of this website including any transactions you make
("use/using") is subject to our terms and conditions below (which
includes any other important hyper-linked sections e.g. Privacy policy.
1.
General
1.1 We reserve the right to change these terms
and conditions at any time. Any such changes will take effect when posted on
the website (see date at the top) and it is your responsibility to read the
terms and conditions on each occasion you use this website and your continued
use of the website shall signify your acceptance to be bound by the latest
terms and conditions.
1.2 If you are not a consumer, you confirm
that you have authority to bind any business on whose behalf you use this
website.
1.3 When you use certain worldofwatering.co.uk
services please read the additional information provided with regards to such
services as this information will provide you with full details on how to use
such services.
2.
Order Process
2.1 Please see the Home delivery
information section for information on how to place an order. All orders that
you place on this website will be subject to acceptance in accordance with
these terms and conditions.
2.2 The 'complete this order' stage sets
out the final details of your order. Following this, you will be asked to provide
payment. Upon the successful receipt of your payment, we will send to you an
order confirmation email detailing the products you have ordered. Please note
that this email is not an order acceptance from Worldofwatering.co.uk.
2.3 Acceptance of your order and the
completion of the contract between you and us will take place on despatch to
you of the products ordered unless we have notified you that we do not accept
your order or you have cancelled it (please refer to Returns and refunds).
3.
Delivery
3.1 During the Worldofwatering.co.uk
checkout process you will be asked if your goods can be left in a safe place.
By checking this box you agree to accept liability for the goods once our
nominated courier has delivered them to that safe place. If this box has not
been checked (and a safe place specified), all goods must be signed for by an
adult aged 18 years or over on delivery.
3.2 Delivery charges and estimated
timescales are specified in the Home delivery information section and also when
you place an order. We make every effort to deliver goods within the estimated
timescales, however delays are occasionally inevitable due to unforeseen
factors. Worldofwatering.co.uk shall be under no liability for any delay or
failure to deliver the products within estimated timescales. First Class Royal
Mail is generally a 2-3 day service. However Royal Mail advises that it can
take up to 15 working-days for delivery. No tracer action can be launched for
parcels until this time has elapsed.
3.3 Next Working-Day Delivery and Saturday
Delivery is for orders placed before 3pm Monday to Friday. Orders placed on the
weekend will be despatched Monday for delivery Tuesday.
3.4 Risk of loss and damage of products
passes to you on the date when the products are delivered or on the date of
first attempted delivery by us or our nominated courier service.
4.
Payment
4.1 We take payment from your card at the
time we receive your order. Goods are subject to availability. In the event
that we are unable to supply the goods, we will inform you of this as soon as
possible. A full refund will be given where you have already paid for the
goods.
4.2 To ensure that your credit, debit or
charge card is not being used without your consent, we will validate name,
address and other personal information supplied by you during the order process
against appropriate third party databases. By accepting these terms and
conditions you consent to such checks being made. In performing these checks
personal information provided by you may be disclosed to a registered Credit
Reference Agency which may keep a record of that information. You can rest
assured that this is done only to confirm your identity, that a credit check is
not performed and that your credit rating will be unaffected. All information provided
by you will be treated securely and strictly in accordance with the The General
Data Protection Regulation (EU) 2016/679 2018.
4.3 The price you pay is the price
displayed on this website at the time we receive your order apart from the
following exception:
b) While we try and ensure that all prices
on our website are accurate, errors may occur. If we discover an error in the
price of goods you have ordered we will inform you as soon as possible and give
you the option of confirming your order at the correct price or cancelling it.
If we are unable to contact you we will treat the order as cancelled. If you
cancel and you have already paid for the goods, you will receive a full refund.
4.4 For information about secure online
ordering see Secure Online Shopping.
4.5 Title to any products you order on this
website shall pass to you on delivery of the products provided that we have
processed and received payment in full for the products.
4.6 All prices are shown in £s sterling and
include VAT (where applicable) at the applicable current rates but exclude
delivery charges, unless expressly stated otherwise (see Home delivery
information for further details).
5.
Returns, Refunds and Cancellations
5.1 Please see our Returns, Refunds and
Cancellations page (below).
6.
Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the
material and content contained within this website is made available for your
personal non-commercial use only and that you may only download such material
and content for the purpose of using this website. You further acknowledge that
any other use of the material and content of this website is strictly
prohibited and you agree not to (and agree not to assist or facilitate any
third party to) copy, reproduce, transmit, publish, display, distribute,
commercially exploit or create derivative works of such material and content.
7.
Liability and Indemnity
7.1 Nothing in these terms and conditions
excludes or limits liability for death or personal injury caused by negligence,
fraudulent misrepresentation, or any other liability which may not otherwise be
limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, Worldofwatering.co.uk
will use reasonable endeavours to verify the accuracy of any information on the
site but makes no representation or warranty of any kind express or implied
statutory or otherwise regarding the contents or availability of the site or
that it will be timely or error-free, that defects will be corrected, or that
the site or the server that makes it available are free of viruses or bugs or
represents the full functionality, accuracy, reliability of the website. Worldofwatering.co.uk
will not be responsible or liable to you for any loss of content or material
uploaded or transmitted through the website and Worldofwatering.co.uk accepts
no liability of any kind for any loss or damage from action taken or taken in
reliance on material or information contained on the site.
7.3 Subject to Section 7.1 above, other
than as expressly provided in these terms and conditions with respect to
specific products and except for the exclusive remedies set out at Section 5
above, any indemnities, warranties, terms and conditions (whether express or
implied) are hereby excluded to the fullest extent permitted under applicable
law.
7.4 Subject to Section 7.1 above, Worldofwatering.co.uk
will not be liable, in contract, tort (including, without limitation,
negligence), pre-contract or other representations (other than fraudulent on
negligent misrepresentations) or otherwise out of or in connection with the
terms and conditions for any:
·
economic losses (including
without limitation loss of revenues, data, profits, contracts, business or
anticipated savings); or
·
loss of goodwill or reputation;
·
special or indirect losses
·
suffered or incurred by that
party arising out of or in connection with the provisions of any matter under
these terms and conditions.
7.5 Notwithstanding the above, subject to
Section 7.1 Worldofwatering.co.uk's aggregate liability (whether in contract,
tort or otherwise) for loss or damage shall in any event be limited to a sum
equal to the amount paid or payable by you for the product(s) in respect of one
incident or series of incidents attributable to the same clause.
7.6 This clause 7 does not affect your
statutory rights as a consumer, nor does it affect your contract cancellation
rights.
8. Miscellaneous Provisions
8.1 The contract between us shall be
governed by the laws of England and any dispute between us will be resolved
exclusively in the courts of England. English is the only language offered for
the conclusion of the contract.
8.2 Worldofwatering.co.uk shall be under no
liability for any delay or failure to deliver products or otherwise perform any
obligation as specified in these terms and conditions if the same is wholly or
partly caused whether directly or indirectly by circumstances beyond its
reasonable control.
8.3 Worldofwatering.co.uk reserves the
right to transfer, assign, novate or sub-contract the benefit of the whole or
part of any of its rights or obligations under these terms and conditions or
any related contract to any third party.
8.4 These terms and conditions do not
create or confer any rights or benefits enforceable by any person that is not a
party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act
1999).
8.5 These terms and conditions including
the documents or other sources referred to in these terms and conditions
supersede all prior representations understandings and agreements between you
and Worldofwatering.co.uk relating to the use of this website (including the
order of products), and sets forth the entire agreement and understanding
between you and Worldofwatering.co.uk for your use of this website.
9.0
Refunds Returns and Cancellations
9.1 We stand by both the quality of our
products and delivery model. However we also know that, for one reason or
another, there may be a time when you need to exchange or return something
you've bought. Please make sure that you check your items carefully before as
soon as you take delivery. We also recommend that you keep your shipping
delivery notice, which will arrive in the packaging. Below is the Worldofwatering.co.uk
policy, this will in no way affect your statutory rights under Consumer Contracts Regulations.
9.3 If I change my mind...
Within seven days please contact our
customer service team. They will arrange to refund the purchase price of the
goods. You can either post the goods to us, or we can arrange a courier pick-up
(the cost of which will be deducted from the refund).
9.4 If there's a fault with the product...
Within thirty days please contact our
customer service team. They will ask for a photo of the faulty part/parts to be
emailed to us. Upon receipt of this, we will arrange to refund your payment or
send the required replacements parts to you.
9.5 If the goods appear to be damaged in
transit...
If your goods appear to have been damaged
in transit, please contact us within 7 (seven) days of receiving the goods. If
possible sign for the goods as damaged. If upon opening the packaging you
notice damage, please contact out customer service team who will ask you to
email a photo of the damage. We can only accept claims for damage within 7
(seven) days of delivery as outside of this period a claim can not be submitted
to our courier.
10.0
Invoicing
10.1 As an online business and in an effort to prevent unnecessary waste; it is the policy of WORLDOFWATERING.CO.UK to send all invoices via email; a delivery note will be sent with goods. Hard paper copies of invoices can be dispatched upon request at a cost of £1.95. It is understood that any and all orders placed online via the website will be subject to these terms and conditions.
11.0
Consumer Contracts Regulations
Worldofwatering.co.uk is committed to
ensuring your statutory rights under Consumer Contracts Regulations.