These terms and conditions shall govern the supply of goods sold on the Website www.pondsuperstores.com which is owned and operated by the PondSuperstores Partnership whose office address is at Hastings Road, Rolvenden, Cranbrook, Kent, United Kingdom TN17 4PL. These terms and conditions shall constitute the entire and only agreement between us in relation there to. The Customer's attention is drawn in particular to the provisions of clause 5 and 6.
1. DEFINITIONS & INTERPRETATION
1.1 In these conditions, the following definitions shall apply:
1.1.1 Business Day means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
1.1.2 Company means World of Water Aquatic Centres Limited trading as Pond Superstores, a company registered in England and Wales under number 04665834 whose registered office address is at 748 Wimborne Road, Bournemouth, Dorset, United Kingdom BH9 2DZ.
1.1.3 Customer and/or You means the person or firm who purchases the Goods from the Company.
1.1.4 Conditions means the terms and conditions set out in this document.1.1.5 Contract means the contract between the Company and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
1.1.6 Force Majeure Event has the meaning given in clause 7.
1.1.7 Goods means the goods (or any part of them) set out in the Order.
1.1.8 Order means the Customer's order for the Goods, as set out on the Website.
1.2 The headings in this Agreement are inserted for convenience only and shall not affect its construction;
1.3 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it;
1.4 A reference to one gender includes a reference to the other gender.
1.5 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.6 A reference to writing or written includes faxes and e-mails.
2. THE CONTRACT BETWEEN US
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions.
2.3 The Customer will receive confirmation of their Order which shall only indicate that the Company has received the Order. It shall not indicate that the Company has accepted the Customers offer even if payment is taken.
2.4 The Order shall only be deemed to be accepted once the Company has despatched the Goods to the Customer, at which point the Contract shall come into existence unless the Company has notified the Customer that:
2.4.1. the Company does not accept the Order;
2.4.2. deliveries cannot be made to the Customers area;
2.4.3. the Goods are out of stock;
2.4.4. the Goods the Customer ordered were listed at an incorrect price due to a typographical error or an error in the pricing information received by the Company from its suppliers; or
2.4.5. the Customer has cancelled the contract in accordance with Section 5.
2.5 The Customer’s Goods will not be despatched until full payment is received for the Goods.
2.6 In the event that the Order is refused, the Company will notify the Customer by e-mail and will refund the sum deducted by the Company from the Customers credit card as soon as possible within 28 days of the Order.
3.1 The Company shall ensure that:
3.1.1 each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Company reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable) and special storage instructions (if any); and
3.2 The Company shall use a third party Courier to deliver the Goods to the location set out in the Order.
3.3 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location.
3.4 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Company shall not be liable for any delay in delivery of the Goods.
3.5 If the Company fails to deliver the Goods within 28 days from the time the Customer placed the Order, its liability shall be limited to the Order total. The Company shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
3.6 If the Customer fails to accept delivery of the Goods when the Courier attempts to deliver the Goods, the Customer shall collect the Goods from their location at the Courier’s depot.
4. PRICES AND PAYMENT
4.1 The price of the Goods shall be the price set out at the checkout on the Website.
4.2 The Company may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
4.2.1 any factor beyond the Company’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing and printing costs);
4.2.2 any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
4.2.3 any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate or accurate information or instructions.
4.3 The price of the Goods is inclusive of amounts in respect of value added tax (VAT).
4.4 The Company reserves the right to withdraw the use of Voucher Codes without notice at any time.
5. CANCELLATION AND RETURNS
5.1 The Customer may return the Goods and receive a refund for the Goods ordered from the Company online for any reason at any time up until the end of the twenty eighth day from the date the Customer received the Goods. Special 'made to order' and Perishable goods such as box welded liner, cut to length liners, flowers and food cannot be cancelled/refunded after delivery.
5.2 The Customer may return the 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 the Customer received the ordered Goods.
5.3 The Customer shall not be entitled to a refund for Goods that are not faulty or unfit for purpose after the seventh day from the date the Customer received the Goods.
5.4 To return or cancel Goods ordered online and to receive a refund the Customer must notify the Company first. The Customer can notify the Company by the following means:
5.4.1 By telephone: 01580 241017 (This is a standard BT UK landline, call rates will vary depending on your operator);
5.4.2 By post: PondSuperstores, Hastings Road, Rolvenden, Cranbrook, Kent, United Kingdom TN17 4PL;
5.4.3 By email: email@example.com.
5.4.4 By the using the contact us form
5.5 Where the Goods are being returned because they are faulty or not fit for purpose, the Company will meet the cost of return on the condition that the Carrier is nominated by the Company.
5.6 The title and risk to the Goods shall remain with the Customer until the Company is in receipt of the Goods and has confirmed their contents.
5.7 The Customer must exercise reasonable care and skill when packaging the Goods in order to ensure their safe return.
5.8 The Company reserves the right to repair or replace any faulty Goods at their discretion.
5.9 Providing the conditions of this Section 5 have been fulfilled, You will be refunded within 14 days from the date we receive your returned Goods.
6. LIMITATION OF LIABILITY
6.1 Nothing in these Conditions shall limit or exclude the Company’s liability for:
6.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
6.1.2 fraud or fraudulent misrepresentation;
6.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979;
6.1.4 defective products under the Consumer Protection Act 1987; or
6.1.5 any matter in respect of which it would be unlawful for the Company to exclude or restrict liability.
6.2 Subject to clause 6.1:
6.2.1 the Company shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
6.2.2 the Company’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.
7. CUSTOMER WARRANTIES AND INDEMNITY
7.1 The Customer warrants that to the best of their knowledge, information and belief that all information supplied to the Company before and during the term of this Agreement will be accurate and not in any way contrary to any applicable law; and
7.2 The Customer shall indemnify the Company against any liability which shall include, without limitation, all losses, costs, claims, expenses, demands, actions, damages, legal expenses and other fees incurred or suffered as a result of the Customer’s breach or non fulfilment of the Terms of this Agreement.
8. FORCE MAJEURE
8.1 Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
9.1 If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
10.1 A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by the Company to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
11. THIRD PARTY RIGHTS
11.1 A person who is not a party to the Contract shall not have any rights under or in connection with it.
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.
14. 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.
15. 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.