Terms and Conditions of Sale
The following terms and conditions of sale apply to all persons using this site and all transactions relating to the purchase of any goods or services from this site. Your statutory rights are not affected. Any orders processed by telephone will be taken on the basis that the conversation constitutes a formal indication of acceptance of all terms and conditions detailed herein, by the caller.
Similarly, any order submitted online will be on the basis that the order itself constitutes formal acceptance of all terms and conditions detailed herein, by the user.
Unless stated otherwise, all prices include VAT.
The company means WaterFeatures4U Ltd., of registered address 1B Princess Court Horace Road Kingston Upon Thames Surrey KT1 2SL and trading as WaterFeatures4U.
Delivery means the collection, transport and delivery of products by the company or any contractor employed by the company to do this.
The customer means anyone contacting the company regarding the sale of goods or services. These conditions may only be modified by a variation in writing signed on behalf of the company by a Director.
The word ‘we’ is used to denote the company, a company agent, or someone representing the company whilst acting under the written authority of a director.
Supply of Goods and Services
Services means any service offered by the company, such as delivery. Goods means all products offered for sale by the company are sold under the express understanding that:
(1) Placing an Order:
As a customer, it is your responsibility to check and correct any input errors in your order up until you click the “Submit Order” button. When you submit an order on-line, your order will be automatically processed and we will email you an acknowledgement that you have submitted an Order. We reserve the right to subsequently decline all or any part of your Order for any reason, in which case we will inform you as soon as possible. Full acceptance of your Order or part thereof will be acknowledged by dispatch of the goods purchased. No contract will be deemed to exist with respect to your order until we dispatch the goods ordered. Dispatch of the goods ordered or any part thereof, signifies our acceptance of your order and creates a legally binding contract between us. It follows therefore, if no Products have been dispatched then no contract exists between us. The contract will be dealt with in accordance with the laws of England, under the SALE OF GOODS ACT 1979, and the CONSUMER PROTECTION (DISTANCE SELLING) regulations of 2000, amended 2005 according to S1689. Any contact with the company in relation to non-consumer matters will exclude the contacting entity from any form of consumer protection legislation.
(2) Weights and Measures of goods sold and purchased.
Due to the natural and irregular nature of rock, stone, rock products and all other natural products offered for sale by the company, it is to be duly noted and understood that all weights and measurements are approximate. Products may not be returned on the basis that the weight is over or under the stated weight.
(3) Natural Appearance of products.
Rock naturally contains micro-fractures, tiny fissures, fractured surfaces, natural bedding plains, and irregularities. We select rocks that are most suitable for water features, which often include many of the natural features outlined above. Every rock is different and for this reason, we offer no guarantee that the product you purchase is going to be remarkably similar to the products seen and offered for sale. The rock type will be as described but the exact shape will differ. It is the customers responsibility to make themselves aware of this and accept these terms before purchase.
All risk relating to the supply of products shall be the customer’s from the time of dispatch. Risk in this case relates to the damage, deterioration of goods, liability of damage to goods and liability of third parties, damage to property, accidents etc…
(5) Hazard awareness:
By purchasing any product from the company, not limited to rocks and stones, the customer is hereby made fully aware of the following:
- The lifting and moving of products is hazardous and the customer must carry out their own risk assessment of the lifting and carrying of all products. The company shall be held harmless with respect to any injuries sustained by the customer, any third party in the vicinity, or any other party who could or has sustained injury through accidents relating to the handling, lifting, moving or siting of the goods.
- Having completed a risk assessment, the customer shall carry out the safe and controlled lifting, moving and general handling of the products, being fully aware they are fully responsible for their own safety and the safety of anyone else in the vicinity.
- Furthermore the company shall be held harmless for any damage to property or possessions regardless of ownership, resulting from the handling, lifting, moving or siting of the goods.
- These terms shall endure for so long as the product does not belong to the supplier, in perpetuity, meaning if any purchased products are moved, sited, lifted or carried, in any way by any person in the future.
- The only exception of these terms is when a product has been returned to the company for any reason and the product is in the possession of the company once more, and a refund has been issued.
(6) Delivery of Goods:
Every effort shall be made to deliver the goods according to the terms stated. The company accepts no liability for any matters arising once the products have been dispatched. It is the responsibility of the customer to ensure that delivery is free of obstacles or any other encumbrance that prevents the delivery to the kerbside of the stated delivery address. If the delivery company deems the property to be inaccessible for valid reasons, bearing in mind that large vehicles with tail lifts/hi-ab cranes and suchlike are used, the customer is to be aware that further costs may be incurred, and/or the company reserves the right to return the goods and cancel the order. It is the customers responsibility to ensure that access to the property is suitable for large vehicles and that the company is contacted prior to purchase if delivery problems are anticipated. Examples of problem areas are restricted access lanes, overhanging vegetation, restricted parking or turning areas, rough tracks. Delivery drivers reserve the right to refuse to deliver if special arrangements have not been made in relation to difficult access addresses.
Delivery is made using a hand operated pallet truck and it is the responsibility of the customer to ensure that an appointed person is available to receive the goods, and furthermore, that flat, paved and even ground is at the delivery site to enable the delivery driver to deliver the products to a safe, kerbside location.
In the event that no appointed person is present to receive the goods, the delivery company reserves the right to instruct the driver to offload the goods at the address and leave them unattended, or to arrange delivery on a different date at extra cost to the customer. The customer shall then be liable to pay the extra cost (normally the full delivery cost) in advance, to release the goods from the delivery company and arrange re-delivery.
If for any reason, you cannot receive the goods at the delivery address, 24hrs notice is required to enable the delivery company to re-schedule. If the change to agreed delivery date/time is made by the customer less than 24hrs before delivery, it is likely that this will incur an extra cost that will be payable by the customer.
The customer reserves the right to cancel the order providing the goods have not been dispatched. No guarantee can be given as to how quickly the goods are dispatched as it depends entirely on warehouse staff capacity. We can only advise you to contact us as quickly as possible if you change your mind, at which time we will inform you if the goods have been dispatched. Please call 020 8546 9669, between the hours of 9am and 5pm to enquire if an order can be cancelled.
According to the terms of delivery, the products are the property of the customer once they have been dispatched. If for any reason you wish to return the products purchased, you may do so within 21 days of purchase providing that the products are unused, undamaged and in their original packaging.
Return shipping will be at the customer’s expense but may be arranged by the company at the customer’s request. You will be advised of all charges relating to the return of goods, which shall be payable in advance in the case of a collection arranged by the company.
Amendments after Purchase.
Our amendment policy is identical to the cancellation procedure in that you will need to make an online request to cancel the order, or phone 020 8546 9669 to cancel by phone. We will inform you if the products have been dispatched. If the products have been dispatched, the customer will be liable to receive the goods and return them according to our cancellation policy. The company also reserves the right to cancel any order once placed. All cancelled orders will be refunded as soon as practically possible. An email will be sent confirming cancelation to the email address supplied when the order was placed.
These conditions and any contract or variation are governed by the law of England. Any disputes arising from these conditions or any contract or variation entered into by the company with the customer which cannot be settled in the ordinary course of business shall be referred to a single arbitrator in accordance with the arbitration act 1950 or any modification thereof for the time being in force. This policy does not affect your statutory rights.
Your Rights as a Consumer:
Under the Consumer Rights Act of 2015, you are protected in all purchases that you make. This includes a 14 day cooling off period whereupon you may change your mind about the purchase of goods from this site. However, although we will refund you the initial delivery cost and the full price of the product, you will be charged for the return shipping of the goods and also any damaged or missing items.
Data Protection Policy
Although we may gather and store your personal data, such as your name, email address and delivery address, we respect your privacy and will not share this information with any third party save the case where we are obligated to do so for the purposes of investigating suspected criminal activity.
Your data will be stored securely and only used by Waterfeatures4u for the purposes of customer service regarding our own products.