Terms and Conditions
These Terms and Conditions govern your use of the website accessed through aquaroots.co.uk (the "Website") and govern any contract for sale that we enter into with you whether through the Website or any other means. Please read these terms and conditions carefully as they affect your liabilities under the law. By using the Website, you are deemed to accept the Terms and Conditions. If you do not agree to these Terms and Conditions, please do not register for use or use the Website.
- These terms and conditions do not affect your statutory rights.
- We will treat each order for goods and/or services as an offer by you to purchase the goods and/or services subject to these terms and conditions.
- To order goods through this website you must be at least 18 years of age.
- We have the right to refuse at our discretion to supply any goods ordered by you.
- Ownership and Intellectual Property
- Your Account
- Website Information & Availability
- Other Promotions, Vouchers & Competitions
- Right to Suspend or Cancel your Registration
- Ordering Goods
- Pricing, Processing your Orders and Payment
- Availability and Delivery
- Consumer Rights
- Refunds Policy
- Risk and Title
- Our Liability
- Limitations of Liability
- Written Communications
- Events Outside our Control
1. Ownership and Intellectual Property
1.1 Copyright AquaRoots 2016. This web site design and all of its content is the intellectual property of AquaRoots Ltd and is copyright, all rights reserved. Reselling, copying or commercial use of the material contained within this website without the express written permission of AquaRoots Ltd is strictly prohibited.
1.2 Charges for unauthorised use of website content:
- Photography and Graphic Images = £150 per day per image
- Verbatim Text = £2.50 per word per day
Use of copyrighted material from this website, without the express written permission of AquaRoots Ltd implies that you accept these charges and as such you will be held liable for these costs. AquaRoots Ltd reserves the right to alter this notice at any time without notice to you.
1.3 The Website is owned and operated by us, AquaRoots Ltd, a company registered in England and Wales under company number No. 08279847. Our registered office is Pendyffryn, Dinorwic, Gwynedd, LL55 3EH. Our VAT number is 209957766.
1.4 No license is granted to you in these Terms and Conditions to use any trade mark whether registered or unregistered of AquaRoots Ltd.
1.5 Goods are subject to availability. If we do not supply the goods for any reason we will not charge you for these goods and we will refund any money already paid for the goods. However, we will not be responsible for compensating you for any other losses that you may suffer if we do not supply goods.
2.1 Here at AquaRoots Ltd we are committed to protecting your privacy. The only details we will collect are those required to authorise and validate credit card payments and as well to ensure correct delivery. All details collected in this respect will only be used lawfully (in accordance with the Data Protection Act 1998).
2.2 We will not email you in the future unless you have ordered from us or you have given us your consent by submitting to receive our product newsletter or by way of replying to an email. You may unsubscribe from our newsletter at any time by clicking on the unsubscribe link on the newsletter.
2.3 We will never pass or sell your email address to a third party. The type of information we will collect about you (in order to process an order) includes:
- your name
- phone number
- email address
- credit/debit card details
2.4 We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information that we hold will be held securely in accordance with our internal security policy and the law.
2.5 Cookies are used on this shopping site, but only to keep track of your shopping cart once you have selected an item or if you log on as a registered user.
If you have any questions/comments about privacy, you should email us.
3. Your Account
3.1 If you use the Website, you are responsible for (1) maintaining the confidentiality of your account and your password and (2) restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner.
3.2 You must ensure that the details provided by you on registration at the Website or at any time are correct and complete.
3.3 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
4. Website Information & Availability
4.1 Whilst we take every care to ensure that the information on the Website is accurate and complete, you are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, subject to condition 14 below, the Website is provided "AS IS" with warranties excluded to the fullest extent permissible by law. Subject to condition 14 below, we do not accept any liability arising from any inaccuracy or omission in any and/or all of the information provided on the Website or interruption in availability.
4.2 If a fault occurs in the service of the Website, please send us an e-mail to: email@example.com
5. Other Promotions, Vouchers & Competitions
5.1 From time to time, we (or selected third parties) may include competitions, promotions, vouchers or other offers on the Website. Each such offer and or voucher shall be subject to its own express terms, however, each offer or promotion will be subject to availability at all times. Your statutory rights are not affected.
6.1 You may not use the Website for:
6.1.1 transmitting any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
6.1.2 transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice;
6.1.3 gaining unauthorised access to other computer systems;
6.1.4 interfering with any other person's use or enjoyment of the Website;
6.1.5 breaching any laws concerning the use of public telecommunications networks;
6.1.6 interfering or disrupting networks or websites connected to the Website; or
6.1.7 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
6.2 We reserve the right to refuse to post material on the Website or to remove material already posted on the Website.
6.3 You fully indemnify us against any and/or all losses, liabilities, costs and/or expenses reasonably suffered or incurred by us, any and/or all damages awarded against us under any judgment by a court of competent jurisdiction and any and/or all settlements and sums paid by us as a result of any settlement reasonably agreed by us arising out of or in connection with:
6.3.1 any claim by any third party that the use of the Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
6.3.2 any claim by any third party that the use of the Website by you infringes that third party's copyright or other intellectual property rights of whatever nature; and/or
6.3.3 any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by you.
7. Right to Suspend or Cancel your Registration
7.1 We may suspend or cancel your registration to the Website immediately or restrict or prevent your access to the Website at our reasonable discretion if you breach any of your obligations under these Terms and Conditions.
7.2 You can cancel this agreement at any time after giving us prior notice in writing. If you do so, you must stop using the Website.
7.3 The suspension or cancellation of your registration to the Website and/or your right to access and/or use the Website shall not affect either party's rights or liabilities.
7.4 Conditions 1, 6 and 11 of these Terms and Conditions shall survive cancellation.
8. Ordering Goods
8.1 Many of the products we sell are of a technical nature and it is not practical to publish detailed specifications of all the products and keep specifications 100% up to date. All drawings, descriptive matter, specifications and advertising on our website are for the sole purpose of giving an approximate description of the goods.
8.2 All orders placed to AquaRoots Ltd will be subject to our acceptance of the order.
8.3 When you submit an order to AquaRoots Ltd., you will receive an email from us acknowledging your order ("Acknowledgement Email"). You should check this email for accuracy and let us know immediately if there are any errors. Please note that the Acknowledgement Email does not mean that your order has been accepted. Your order constitutes an offer to us to buy goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a confirmation email containing the sales agreement. The contract between us ("Contract") will only be formed when we send you the sales agreement (“Contract”). Title to the goods will pass to you on delivery to you provided payment has been made in full. The Contract will relate only to those products listed in the sales agreement.
8.4 Where you have used a promotional code to obtain a discount off the price of your order, acceptance of this order is subject to our verifying that the code has been issued to you personally and that you have complied with all the terms of the offer and qualifies for the promotional code. In the event that the code has not been issued to you for your personal use, or you do not qualify for the promotion, the price of the order will be adjusted notwithstanding any email confirmation that you receive. Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.
9. Pricing, Processing your Orders and Payment
9.1 The price of any goods will be as quoted on the Website and price list documents from time to time, except in cases of obvious error. Subject to condition 9.5 below, in the event of obvious inaccuracies in the prices quoted on the Website and price list documents, we reserve the right not to fulfill and/or to cancel any orders placed by you in reliance on the inaccurate prices.
9.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Sales Agreement.
9.3 Payment for all goods by credit or debit card will be taken from your card at the time we receive your order, once we have checked your card details and stock availability. Any payment made to us will be refunded if we do not accept your order.
9.4 Payment for all goods by cash, cheque or bank transfer is due within 14 days of receipt of the sales agreement. Lead times and delivery times set out in 10 commence from the date of receipt of cleared payment from you by AquaRoots Ltd. Failure to pay within the contracted timeframe will result in cancelation of the order.
9.5 Whilst it is our intention to keep the Website and price lists up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.
9.6 All prices shown on the Website and price lists are exclusive of VAT and delivery unless otherwise stated. Delivery charges are clearly highlighted.
9.7 We do not offer any credit facilities.
9.8 We will issue you with a receipt once we have received payment in full for your order and once we have dispatched the goods to you.
10. Availability and Delivery
10.1 Your order will be fulfilled by the delivery date set out in the Sales Agreement or, if no delivery date is specified, then within 30 days of the date of receipt of payment from you, unless there are exceptional circumstances such as a Force Majeure Event (see condition 16 below).
10.2 Most AquaRoots products are hand-made to order, as such we cannot guarantee rapid turnaround of orders. If an order is desired at shorter notice than our typical lead time of up to 3 weeks then it is advisable to phone us to discuss the order.
10.3 Any dates we specify for the delivery of the goods are approximate only and we shall not be liable for any losses, costs, damages, charges or expenses caused by any delay for delivery of the goods.
10.4 Should delivery be delayed for more than 30 days we will contact you as soon as practical giving you the option to cancel your order or to continue waiting for delivery.
11. Consumer Rights
11.1 If you are contracting as a consumer, you may cancel any Contract between us at any time up to 14 days, from the day after you received the goods. In this case, you will receive a refund of the price paid for the goods in accordance with our refunds policy set out in condition 12 below. This is in addition to your statutory rights. If you are unhappy with the goods you have received or don’t believe that they reflect those you Contracted with us for then please contact us immediately as we have a duty to ensure you receive the goods you contracted with us for.
11.2 If goods arrive in a damaged condition you must inform us within 7 days. We will arrange repair or collection of these goods and we will replace the goods at no charge or refund any money paid for the goods.
IF YOU DO NOT DO THIS WE SHALL HAVE NO LIABILITY FOR GOODS SAID TO BE DAMAGED ON DELIVERY.
11.3 To cancel any Contract between us, you must immediately inform us by either emailing us on firstname.lastname@example.org or by writing to AquaRoots Ltd., Pendyffryn, Dinorwic, Gwynedd, LL55 3EH, and return the goods to us in accordance with condition 12 below.
12. Refunds Policy
12.1 When you return a product to us pursuant to condition 11 above (in addition to your statutory rights):
12.1.1 and where the goods are not defective, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day that we receive the goods in question back from you or you provide evidence to us that you have returned the goods to us. In this case, we will refund the price of the goods in full together with the original delivery charge (provided you return the full order to us), but not the costs you incur in returning the item to us; or
12.1.2 because you claim that the goods are defective, we will examine the returned goods and will notify you of your refund by either post, telephone or email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you that you were entitled to a refund for the defective goods. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
12.1.3 If the goods returned under this clause 11.2 are found to be in full working order these will be returned to you and we reserve the right to charge an administration fee of 15% of the price of the goods along with the cost of carriage.
12.2 Please ensure that you return goods to us within 14 days of your cancellation of the Contract. This does not affect your statutory rights where the goods are faulty or not as described.
12.3 In the case of returns pursuant to condition 12.1.1 above, i.e., returns of non-defective goods, we may also reduce the amount of money refunded to you where you have used the goods beyond the handling that is necessary for you to make sure the goods are as you expected, for example the handling you would do in a shop. This is in accordance with your statutory rights.
12.4 We are unable to offer a refund on personalised, custom made or made-to measure goods made to your specification unless the goods are defective. If you claim the goods are defective, we will examine the goods and condition 12.1.2 will apply.
12.5 Unless we have agreed otherwise, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.
13. Risk and Title
13.1 The goods will be at your risk from the time of delivery.
13.2 Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.
13.3 As soon as we have delivered the goods you will be responsible for them. If you delay accepting a delivery, our responsibility for everything other than damage due to our negligence will end on the date the carrier tried to deliver the goods to you.
14. Our Liability
14.1 We warrant to you that any goods purchased from are of satisfactory quality and reasonably fit for the purposes for which products of such kind are commonly supplied.
14.2 We will supply goods that are free from defects in materials and workmanship for a period of 12 months (or longer if required by law) from the date of delivery. This does not affect any other statutory rights that you may have. Failure by us to enforce any of these terms and conditions will not affect our right to enforce the rest of these terms and conditions.
14.3 We shall not be responsible to you or any third party whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non performance of our obligations under these Terms and Conditions, including such damage as may be reasonably foreseeable at the date you order the goods.
14.4 If you are contracting as a business, our liability for any claim for loss or damage shall be limited to the purchase price of the goods you purchased.
14.5 If you are contracting as a consumer, our liability for any claim for loss or damage shall be limited to the purchase price of the goods you purchased.
14.6 Nothing in these Terms and Conditions shall exclude or restrict our liability:
14.6.1 for death or personal injury caused by our negligence;
14.6.2 under section 2(3) of the Consumer Protection Act 1987;
14.6.3 for fraud or fraudulent misrepresentation; or
14.6.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
15. Limitations of Liability
15.1 Nothing in these Terms shall exclude or limit AquaRoots’ liability for losses, which may not be lawfully excluded or limited by applicable law.
15.2 AquaRoots shall not be liable for any loss, claim, damage, nor any indirect, special, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of (a) the use of, or inability to use, this site or content found in this site, or (b) the unauthorised access to or alteration of your transmissions or data, even if AquaRoots Ltd have been advised of the possibility of such damages unless resulting from the gross negligence or intentional actions of AquaRoots Ltd.
16. Written Communications
16.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17.1 All notices given by you to us must be given to AquaRoots Ltd, at Pendyffryn, Dinorwic, Gwynedd, LL55 3EH. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in condition 16 above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
18. Events Outside our Control
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
18.2.1 strikes, lock-outs or other industrial action;
18.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
18.2.3 fire, explosion, inclement weather, including storms, flood, earthquake, subsidence, epidemic or other natural disaster;
18.2.4 inability of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
18.2.5 impossibility of the use of public or private telecommunications networks; or
18.2.6 systems affected as a result of computer hacking or virus
18.2.7 the acts, decrees, legislation, regulations or restrictions of any government.
18.3 Our performance under any Contract between us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will endeavour to bring the Force Majeure Event to a close or to find a solution by which our obligations under any Contract between us may be performed despite the Force Majeure Event.
19.1 If we fail, at any time during the term of any Contract between us, to insist upon strict performance of any of your obligations under any Contract between us or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under any Contract between us, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 14 above
20.1 The use of the Website and any Contracts formed between us are governed by English law. Any dispute arising from, or related to, such use and any such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales. We make no promise that materials on the Website are appropriate or available for use in locations outside the United Kingdom and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
20.2 A person who is not a party to these Terms and Conditions or any Contract between us shall have no right to enforce any term of the Terms and Conditions and/or any and/or all Contracts between us under the Contracts (Rights of Third Parties) Act 1999.
20.3 If any provision of these Terms and Conditions or any provisions of any Contract between us are found to be invalid, unlawful or unenforceable by a court to any extent, such provision will to that extent be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
20.4 We may assign, charge or transfer any of our rights or subcontract any of our obligations under these Terms and Conditions or any Contract to any third party at any time.
20.5 You may not assign, charge or transfer any of your rights or subcontract any of your obligations under these Terms and Conditions and/or any Contract between us except with our specific prior written permission in writing.
20.6 We reserve the right to revise and amend these Terms and Conditions from time to time and any such changes will be communicated on the Website. You will be subject to the policies and the Terms and Conditions in force at the time that you order goods from us, unless any change to those policies or the Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the goods). If you do not wish to accept the new Terms and Conditions, you should not continue to use the Website. If you continue to use the Website after the date on which the changes come into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.
20.7 These Terms and Conditions govern the entire trading relationship between you and us and will remain in force for the duration of our trading relationship.
20.8 We will endeavor to verify the accuracy of any product or pricing information, which we place on the Website, but we make no warranties or guarantees (whether express or implied) in relation to the accuracy of such information. You must bear the risk associated with the use of the Internet.