TERMS & CONDITIONS

These Terms

What these Terms Cover: These Terms contain the terms and conditions on which we supply the Products to you. Please read these Terms carefully before you accept these Terms (by ordering Products from us).
How to tell us about problems: If you have any questions, feedback or complaints about the Products, please contact us to discuss using our contact details below.

Our contact details:

Walker Landscape & Design Ltd, a company established in England and Wales. Our company registration number is 1145507.

Phone number: 01244301922

Geographical address: Unit 2 Deva Forge, The Street, Hoolebank, Chester, Cheshire CH2 4ES, United Kingdom

Email address: enquiries@walkerlandscapeanddesign.com

Introduction

This website (Site) is operated by Walker Landscape & Design Ltd, a company registered in England and Wales, with company registration number 1145507 (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products (Products) through the Site.

Use of the Site

You accept these Terms by placing an order via the Site.

You must not use the Site and/or place an order for Products through the Site unless you are at least 16 years old.

When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:

anything that would constitute a breach of an individual’s privacy (including uploading private or personal data without an individual's consent) or any other legal rights;

using the Site to defame, harass, threaten, menace or offend any person;

using the Site for unlawful purposes;

interfering with any user of the Site;

tampering with or modifying the Site (including by transmitting viruses and using trojan horses);

using the Site to send unsolicited electronic messages;

using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

facilitating or assisting a third party to do any of the above acts.

All personal data that you give to us will be treated in accordance with our privacy policy. You can find our privacy policy at https://www.walkerlandscapeanddesign.com/privacy-policy.

Accounts

You may purchase the Products from us without an account or you may choose to create an account with us which allows you to review your order history.

You must ensure that any personal data you give to us when creating an account is accurate and up-to-date.

It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

Orders

You may order Products from us as set out on the Site. If you place an order for Products on our Site, you are making an order to purchase the Product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).

It is your responsibility to check the order details, including selected Products, delivery details and pricing, before you submit your order through the Site. Once you submit an order successfully on the Site, a binding agreement is formed for the supply of Products to you in accordance with these Terms.

Please be aware that some of the products sold through the Site may not be suitable for children under 18 years old. Please take extra care when ordering products for children under 18 years old.

All purchases made through the Site are subject to availability. We do our best to keep Products in stock and to keep the Site up to date with the availability of Products.

We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Products you order (for example for an event beyond our reasonable control) or if the Products ordered were subject to an error on our Site (for example they were out of stock or in relation to a description, price or image). We will contact you using the details you provided when you placed your order.

Price and payments

You must pay us the purchase price of each Product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in pounds, being the currency of the UK from time to time, and are inclusive of value added tax (or any equivalent tax in the UK) (VAT), (where applicable).

You must pay the Price upfront using one of the methods set out on the Site.

You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

The payment methods we offer are set out on the Site. We may offer payment through a third-party provider for example, PayPal and Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

We do not currently deliver our Products outside of the UK, and for delivery to North Scotland and Northern Ireland additional charges apply.

The Price for Products are exclusive of any installation fees. If you require installation of any Products you have purchased from us, you can contact us using our contact details above with details of the Products you have purchased and the installation service you require, to obtain a quote for the installation services. Any installation services will be supplied by us under a separate agreement.

Supply of the Products

In consideration of your payment of the Price, we will provide the Products in accordance with these Terms and all applicable laws, whether ourselves or through our personnel.

We warrant to you that the Products will be provided using reasonable care and skill.

Delivery, title and risk

We will deliver the Products to the delivery address you provide when making your order. We currently deliver to the areas set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area, please contact us to discuss delivery options.

We deliver the products using a range of delivery methods. You will need to sign for the deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, we may attempt to redeliver which may carry an additional charge.

Title to the Products will remain with us until you have paid the Price in full for the Products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the Products.

Risk in the Products will pass to you when the Products have come into your physical possession, except where you have arranged for delivery by a carrier (not named as an option by us) yourself, in which case, risk in the Products will pass to you on delivery to the carrier.

Change of mind returns

We offer refunds of Products for change of mind in accordance with this clause 9.

If the Products are goods, you have 14 days after the day you (or someone you nominate) receive the Products, to change your mind and cancel these Terms. Where the Products are split into several deliveries over different days, you have until 14 days after the day you (or someone you nominate) receives the last delivery, to change your mind.

When you don't have the right to change your mind: You do not have a right to change your mind in respect of:

Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

Products you have damaged, or that are no longer in their original condition (including where you have cut tags off);

Products that have been made to a specification you have provided or products that have been clearly personalised or manufactured to bespoke sizes, colours or designs; and

any Products which become mixed inseparably with other items after their delivery.

Tell us you want to cancel these Terms: If you want to cancel or terminate these Terms and request a change of mind return, you should either contact us using our contact details above or use the Model Cancellation Form at Attachment 1.

Returning Products to us

Returning Products after you cancel these Terms: If you cancel these Terms for any reason after the Products have been dispatched to you, you must return them to us (unless we agree to collect them, in which case, we will charge you the direct cost to us of collection). If you are exercising your right to change your mind under clause 9 you must send the Products back to us within 14 days of telling us you wish to cancel these Terms.

Costs of return: We will pay the costs of return, if the Products are faulty or misdescribed. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

Deductions from refunds if you are exercising your right to change your mind: If you are exercising your right to change your mind and returning goods to us, we may reduce your refund of the Price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your mishandling. If we refund you the Price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and

When your refund will be made: We will make any refunds due to you as soon as possible. In all cases, even if you are exercising your right to change your mind under clause 9, your refund will be made within 14 days from the day on which we receive the relevant Products back from you. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

Limitations on and exclusions to our liability

The restrictions on liability in this clause 11 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.

Nothing in these Terms limits any liability which cannot legally be limited, including liability for:

death or personal injury caused by negligence;

fraud or fraudulent misrepresentation; and

defective products under the Consumer Protection Act 1987.

Subject to clause 11(b) (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:

we only supply the Products for domestic and private use to consumers. Where you are a consumer and you use the Products for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity; and

a party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss.

Subject to clause 11(b) (liability which cannot legally be limited), but despite anything to the contrary, if either Party fails to comply with these Terms, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.

We have given commitments as to the compliance of the Products with these Terms and applicable Laws in clause 7. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.

Despite anything else to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Intellectual property

All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the Products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.

You must not, without our prior written consent:

copy (in whole or in part) any of Our Intellectual Property, or reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

breach any intellectual property rights connected with the Site or the products.

Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

you do not assert that you are the owner of Our Intellectual Property;

unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

you comply with all other terms of these Terms.

Warranties

Some of the Products that we sell on our site come with a manufacturer’s warranty (Manufacturer’s Warranty). We encourage you to read any Manufacturer’s Warranty information provided to you with the Products to understand what is covered by the Manufacturer’s Warranty.

If you believe you have a valid claim under the Manufacturer’s Warranty, please contact the manufacturer using the details provided in the Manufacturer’s Warranty.

You acknowledge and agree that we do not provide, and are not responsible for complying with the Manufacturer’s Warranty. To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability arising from or in connection with a manufacturer’s failure to comply with the terms of their Manufacturer’s Warranty.

Nothing in this clause 13 limits your consumer law rights in respect of the Products.

General

Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome, you can still bring legal proceedings. Where you are a consumer, if you are not happy with how we have handled any complaint, you may wish to resolve the situation through alternative dispute resolution. This is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You may contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome, you can still bring legal proceedings. Where you are not a consumer, neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

Entire agreement: Subject to your consumer law rights, these Terms contain the entire understanding and agreement between you and us in respect of their subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in the UK and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of the UK. If you access the Site from outside the UK, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase products from a third party website linked from the Site, such third party provides the products to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.

Last update: 25th July 2024

ATTACHMENT 1 – MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate