These terms and conditions shall govern the supply of goods sold by Shropshire Raised Ponds Limited (Registered Company No. 11428480) of Registered office: Kemp House 160, City Road London, EC1V 2NX to the Customer (“You”) and shall constitute the entire and only agreement between us in relation thereto.
1.1. When you receive confirmation of your order, this is only to indicate that we have received your order. It does not indicate that a contract exists between us even if payment is taken.
1.2. The completion of the contract between you and us will take place on the dispatch to you of the goods ordered unless we have notified you that:
1.2.1. we do not accept your order;
1.2.2. we cannot deliver to your area;
1.2.3. your goods are out of stock;
1.2.4. the goods you ordered were listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; or
1.2.5. you have cancelled the contract in accordance with Section 3.
1.3. Your goods will not be despatched until full payment is received for your goods.
1.4. In the event that your order is refused, we will notify you by e-mail and we will refund any sum deducted by us from your credit card as soon as possible within 30 days of your order.
2.1. The price payable for the goods you order is set out on our website (www.shropshireraisedponds.co.uk) at the time you place your order.
2.2. The prices payable for the goods advertised on our website may differ from those prices offered in one of our stores and we are under no obligation to honour any difference in price.
2.3. In the event that an error in price occurs on our website, we will not be obliged to supply the goods at the incorrect price.
2.4. All prices are inclusive of VAT at the rate of 20% where applicable.
2.5. We reserve the right to change prices without notice. Please contact us to confirm prices.
Cancellation and returns for online purchases
3.1. You may return your goods and receive a refund for the goods you order online for any reason at any time up until the end of the fourteenth day from the date you received the ordered goods. Due to the nature of our products, the product must be completely unused and still on the pallet packed. The customer must arrange the return at their own cost. Excluding ponds, see 3.11.
3.2. You may return your goods and receive a refund for goods that are defective and not fit for purpose at any time up until the end of the 28th day from the date you received the ordered goods. You must notify Shropshire Raised Ponds of any defect prior to any assembly of our ponds. We will then provide an immediate replacement for that defective part.
3.3. All our ponds are ‘made to order’ and Perishable goods such as box welded liner, cut to length liners, if opened and used in any way cannot be returned in whole, only parts covered by 3.2
3.4. To return your goods ordered online and to receive a refund you must notify us first by emailing [email protected] All refunds are minus a 10% restock fee, which covers the credit card processing fee and admin fees. Charges for delivery to you will not refunded. For ponds see 3.11
3.5. Where the goods are being returned without any faults or defects, you must return the goods to us at your cost ensuring the goods are returned in their original selling condition. Excluding all ‘made to order’ ponds, see 3.11
3.6. Where the goods are being returned because they are faulty or not fit for purpose, we will provide a replacement for the defective part.
3.7. The goods shall remain your responsibility until we have received delivery and checked the goods.
3.8. You must exercise reasonable care and skill when packaging the item in order to ensure its safe return. It is strongly advised that you take out additional postage insurance to cover the value of the goods.
3.9. Shopshire Raised Ponds reserve the right to repair or replace any faulty item at their discretion.
3.10. Providing the conditions of this Section 3 have been fulfilled, You will be refunded within 14 days from the date we receive your returned Goods.
3.11. Pond orders are considered ‘made to order’ and can only be cancelled prior to production, as soon as the order for the pond has entered production with the manufacturer, Shropshire Raised Ponds Limited have a contract and obligation to complete that order. Cancellations cannot be processed once ponds have entered this stage.
4.1. The delivery options and prices on our Delivery Page shall only apply to products purchased online.
4.2. Deliveries shall only be made to addresses within the UK.
4.3. All goods will be dispatched as soon as possible depending on the lead time of the product ordered.
4.4. Delivery is by HGV/Van and curb side only.
4.5. Lead times for delivery is around 20 days for ponds, sometimes sooner, due to the fact that all ponds are made to order.
4.6. Shropshire Raised Ponds Limited shall not be responsible for late deliveries.
4.7. Deliveries may be delayed by government-imposed measures such as ‘Social Distancing’ and new regulation.
4.8. ‘Special Order’ items which we have ordered specifically for you and items that we normally do not stock directly or are out of stock, will be delivered as soon as possible and are shipped directly from the supplier.
4.9. Ponds that have completed production and waiting for collection from the manufacturer by the courier, may experience delay due to demand, weather conditions or any aspect related to 4.7.
5.1. All personal information collected and stored on our database is handled strictly in accordance with the Data Protection Act 1998 and the Privacy and Electronic Communications Regulations.
5.2. We do not disclose your information to third parties other than when order details are processed as part of the order fulfilment. In this case, these parties will not disclose any of the details to any other party.
5.3. Any payment details entered on our website are transmitted over a secure (SSL) connection and stored using 128-bit encryption with a PCI compliant company.
6.1. We shall not be liable for any consequential or economic loss whatsoever and this shall include, but not be limited to, the costs of any arrangements made for electricians or landscapers, loss of revenue, loss of profit, loss of opportunity, loss of goodwill, loss of work.
6.2. We shall not be liable for any claim for damage or loss whatsoever in excess of the value of the goods purchased.
Events beyond our control
7.1. We shall have no liability for any delay or failure to deliver the goods you have or for any damage or defect to the goods delivered that is caused by any event or circumstance beyond our reasonable control which shall include, but not be limited to, snow, ice, floods or other such severe weather conditions, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
8.1. In the event that a provision or term of this Agreement is declared illegal or invalid or unenforceable for any reason, such terms or provisions shall be removed from this Agreement and the remainder of the Agreement shall continue in full effect.
Third party rights
9.1. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person other than World of Water and the Customer shall have any rights under it.
- Entire agreement
10.1. These terms and conditions, together with our privacy, delivery and returns policy set out the whole of our agreement relating to the supply of goods to you by us.
10.2. Except where you are dealing as a consumer, nothing said by any sales person on our behalf should be construed as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us; and,
10.3. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
- Governing Law
11.1. These terms and conditions shall be construed in accordance with the laws of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction in relation to any matters arising out of these terms and conditions.
12.1 Except as set out in these Conditions, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by the Company.
- ENTIRE AGREEMENT
14.1 This Agreement shall set out the whole of our agreement relating to the supply of Goods by the Company to the Customer.
- GOVERNING LAW AND JURISDICTION
15.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be referred to an independent arbitrator and governed by and construed in accordance with English law.
15.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that cannot be resolved by an independent arbitrator.