Victoria Round 90cm Pebble Pool 150 Litres Preformed Pond

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Seller: diy2go-uk ✉️ (6,879) 100%, Location: UK, GB, Ships to: GB, Item: 140858405092 Victoria Round 90cm Pebble Pool 150 Litres Preformed Pond. Value UK 1 Home Delivery About Us Contact Us Terms And Conditions
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Victoria Round 90cm Pebble Pool 150 Litres Preformed Pond

Product Description A high quality 90cm diameter preformed pond that holds 150L of water. A perfect start to creating your own small pond.

Key Features
  • Large multi-purchase discount.
  • Estimated next working day delivery.

Specification
  • 900mm diameter.
  • 150L water capacity.
  • 320mm height.
  • 1ft 0.6 height.

Includes
  • Preformed pond 90cm diameter.
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Product delivery

Our standard delivery is indicated on the product details and appies for the majority of mainland UK. Additional services such as Saturday delivery may be available at an additional charge dependent upon the product. Please call us on 0845 094 2271 for further information.

Your order will be sent by Royal Mail, or a private courier company such as Parcelforce. If you are not in when they try to deliver, they will leave a card letting you know there has been an unsuccessful delivery attempt and giving you a number to call to rearrange delivery or an address from which you can collect the parcel. If a delivery date has been confirmed with you, there may be a re-delivery charge applicable if you are not present at the time of delivery to accept the goods. We cannot accept any liability for lost or damaged items if they have not been signed for at the time of delivery. Words such as "not checked" or "unexamined" (or words to the same effect) shall not render the company liable for any shortages or damage subsequently discovered.

Pallet deliveries of heavy items (usually any item over approx 40KG) can only be road side dropped. I.E. placed onto the pavement or the customers drive. Our drivers do not have insurance to take the items to other locations such as into a garden. Please arrange suitable help for the movement as the delivery drivers cannot help.

Where do you deliver products to?

We deliver to all areas of mainland UK for the price stated on the website. Some items may incur an additional charge for Northern Ireland and Scottish Highlands. Please request a price for delivery to Republic of Ireland, the Channel Islands or overseas.

How quickly do you deliver?

Each item has an estimate of the delivery time in the product description below the picture, but if you're relying on this information for a delivery date, please call or contact us in a separate email. If you need the goods in a hurry or by a specific date we will attempt to get you the fastest delivery possible. There may be an extra charge for quicker delivery, but we'll always check with you first.

Do I need to be in to sign for the delivery?

All our larger products require a signature as proof of delivery, those sent by Royal Mail often do not require a signature.

Signing for delivery

Before you sign for the goods, please inspect them to ensure that they have arrived undamaged, otherwise you may have certified to the courier company that you have received the delivery in good order and we will not be able to rectify any damages. If you are not in when the goods are signed for, you must contact us within 24 hours of the delivery taking place to notify us of any damages or shortages.

Can I ask for delivery on a specific day or specific time?

If you request delivery on a specific date, we will usually be able to attempt to deliver on that day, however we're dependent on our courier company and therefore we cannot absolutely guarantee delivery on a specific date. For this reason, we'd rather you didn't take a day off work to wait in for the couriers: a better alternative is to have the order sent to a work address.

Delivering at a specific time is very difficult for a courier company - this facility is available but it is usually very expensive. Please contact us if you require further details.

Saturday delivery?

Saturday delivery is usually an extra �30.00. Please call or email for this service.

How do I track my order?

If you have a query about your order please call our customer service team on 0845 094 2271 or email

Items �made to order� cannot be cancelled. �Made to order� or �bespoke� items will usually be described as such on the website, however anything where you are specifying for example a colour or size that is not described on the website is �made to order�.   Exceptions The following places will be subject to an additional delivery charge on top of standard charges, Please contact us for a quote:
  • Scottish Offshore Islands
  • Channel Islands
  • Isle of Man
  • Republic of Ireland
  • Northern Ireland
  • UK Extremeties
  • Scottish Highlands

Additional delivery charges as above and also the following postcodes: AB, DD,IV,KW,PA,PH,BT,IE6,IE7,PO30-41,JE,GY,IOM,HS,IV51,IV55,IV56,KA27,KA28,KW15-17,PA20,PA34,PA42-78,PH22-44,ZE,

Returns policy

We want you to be delighted with your purchase from us but we understand that sometimes things aren�t as expected. We fully comply with the Distance Selling Regulations, which give consumers buying by mail-order the right to examine and test items at home as they would in a shop. So, if you're not happy with anything you've bought, simply let us know in writing within 7 working days and, after having received a returns number, send the item back to us with returns number on covering letter. (Excluding bespoke / made-to-order items). Goods should be in their original packaging, with all accessories and literature and in a similar condition to as they were received. We'll give you a complete refund including any standard cost of delivering the items to you. It is your responsibility to arrange and pay for the return of goods that have been correctly supplied and do not have manufacturing defects. We recommend that they are sent via an insured and signed-for service. If you do think you might want to return any goods, please don't use them outside or test them in a way that you wouldn't be able to in a shop. If the original packaging is sealed in see-through plastic that allows you to examine the contents as you would in a shop, please don't open the packaging. Otherwise, don't hesitate to open the packaging to inspect the goods, but please don't dispose of the packaging until you're sure you want to keep it. Please make sure that goods arrive back with us undamaged within 14 days of you originally receiving them. If you return the goods by Royal Mail we recommend you use a service that provides you with proof that the goods have been delivered back to us.

1. Do you have a showroom?

We do not have a showroom; this enables us to offer highly competitive prices on all our products as it reduces our costs. However, if you would like to view one or two items directly at our West Yorkshire warehouse, please call us on 0845 094 2271 to arrange an appointment and to make sure we have the item in stock.

2. Delivery Information?

Standard delivery is �4.95 delivery for a large proportion of mainland UK. Some locations are subject to additional shipping charges which are automatically worked out in your shopping basket. Saturday and timed delivery slots may be available at an additional charge, please call us on 0845 094 2271 for further information. If you are not present on delivery, we will leave a card with a number to call to rearrange delivery or an address from which you can collect the parcel; however if a delivery date has been confirmed with you, there may be a re-delivery charge applicable. Pallet deliveries of heavy items (usually any item over approx 40KG) can only be road side dropped. I.E. placed onto the pavement or the customers drive. Please arrange suitable help for the movement. Before you sign for the goods, please inspect them to ensure that they have arrived undamaged, otherwise we will not be able to rectify any damages. If you are not in when the goods are signed for, you must contact us within 24 hours of the delivery taking place to notify us of any damages or shortages.

3. Winter Care?

Frost and ice can damage your water feature. Do not let water freeze inside your fountain pump. Drain the product of water and use the suitable winter protection cover. Some features such as stainless steel are OK to be left during the winter, a handy tip: put a plastic ball that floats on the surface of the water to stop the water from freezing over. Other features such as resin need to be drained in winter to avoid cracking. We would suggest covering and empting all fountains in severe weather.

4. Price Match?

We will price match any product price which includes shipping and VAT; subject to the item being brand new, unopened, verifiable, and available for immediate dispatch. We reserve the right to refuse any price match requests that we are unable to comply with.

5. Returns policy?

We want you to be delighted with your purchase from us but we understand that sometimes things aren�t as expected. We fully comply with the Distance Selling Regulations, which give consumers buying by mail-order the right to examine and test items at home as they would in a shop. So, if you're not happy with anything you've bought, simply let us know in writing within 7 working days and, after having received a returns number, send the item back to us with returns number on covering letter. (Excluding bespoke / made-to-order items). Goods should be in their original packaging, with all accessories and literature and in a similar condition to as they were received. We'll give you a complete refund including any standard cost of delivering the items to you. It is your responsibility to arrange and pay for the return of goods that have been correctly supplied and do not have manufacturing defects. We recommend that they are sent via an insured and signed-for service. If you do think you might want to return any goods, please don't use them outside or test them in a way that you wouldn't be able to in a shop. If the original packaging is sealed in see-through plastic that allows you to examine the contents as you would in a shop, please don't open the packaging. Otherwise, don't hesitate to open the packaging to inspect the goods, but please don't dispose of the packaging until you're sure you want to keep it. Please make sure that goods arrive back with us undamaged within 14 days of you originally receiving them. If you return the goods by Royal Mail we recommend you use a service that provides you with proof that the goods have been delivered back to us.

6. Product guarantee?

All our Products have at least a one year manufacturer's warranty. Faults are very rare, but if you consider an item to be faulty please call or email us immediately. We may be able to help solve the problem over the phone. If the Product needs to be returned for inspection, please check with us how the item should be returned. In all cases we reserve the right to inspect the product and verify the fault. Faulty Products will be repaired or replaced. This promise does not cover faults caused by accident, fair wear and tear, willful damage, frost, negligence, lightning, the electrical supply, abnormal working conditions, or the introduction of any water additives or materials not supplied by us. Please always follow the manufacturer�s installation and aftercare instructions, as not doing so will invalidate the warranty.

Please note that calls may be monitored or recorded for the purposes of quality control.
Head Office Address

Value UK Online Garden Centre
Unit K1, Meltham Mills Industrial Estate
Meltham, Holmfirth
West Yorkshire
HD9 4DS
United Kingdom

Customer support opening hours

Monday to Friday 9am to 5pm

If all support staff are busy, please leave a message and we will return your call as soon as we can - usually within 24 hours.

Telephone: 0845 094 2271 - (option 4)

Fax: 0845 094 2377

Value UK Online Garden Centre Terms & Conditions
Last updated: 1 August 2011
These Terms and Conditions apply to all transactions on this site. Please read them carefully. They do not affect your statutory rights.

In these Terms and Conditions:
�VUKOGC� means Value UK Online Garden Centre a trading name of diy2go Limited a company registered in England and Wales number 5050601, VAT number 843 0826 34

�Order� means a request from a customer to buy a product(s) from VUKOGC

�Product� means a water feature or other item sold through this web site

We may change these Terms and Conditions at any time. Any changes will take effect on the date they are posted on to the site (see date above). You will be asked to confirm you have read and accept the Terms and Conditions each time you place an order on-line to ensure that you are familiar with the most current ones. If you order by telephone you will also be subject to the Terms and Conditions displayed on the web site at that date.

Our Contract
You will have an opportunity 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 for payment and we will send a receipt by email as acknowledgement that you have submitted an Order. However we may subsequently decline all or any part of your Order for any reason, in which case we will inform you as soon as possible. Acceptance of your Order or part thereof will be signified by dispatch of the Products ordered. No contract will exist between you and VUKOGC for the sale of Products by us to you until we dispatch the Products ordered. Dispatch of the Product(s) ordered or part thereof signifies our acceptance of your Order and creates a legally binding contract between us. For the avoidance of doubt, if no Products have been dispatched then no contract exists between us. This contract is to be interpreted and enforced within the laws of England, in its entirety and will be subject to the non-exclusive jurisdiction of the English courts. For the avoidance of doubt, any such contract will be deemed to have been concluded in England. We do not accept amendments to these terms and conditions.

Prices and Payment
All prices and charges on this site are in UK pounds. They include any VAT payable, and also include standard delivery charges for most addresses on mainland UK. We will contact you if the actual delivery charges are different to those included in the price shown on the web site. Please telephone for delivery prices outside mainland UK and in the north of Scotland. Prices, offers and Products are subject to availability and may change before, but not after, we accept your Order. If something becomes unavailable we may offer you an alternative. We try very hard to ensure that all information on this site is accurate. However an error can occur. If we discover an error in the price or description of a product you have ordered, we may cancel your Order at any time up to the point we send you the Product(s). We will contact you where we become aware of an error and ask whether you wish to continue with your Order at the correct price or cancel it. If we do cancel your Order or do not accept your Order, you will receive a full refund of any charges paid in advance. We reserve the right to change prices without notice. All Orders for Products received before prices are changed will be fulfilled at the price when the Order was received by VUKOGC, other than in the case were an error is discovered when we will contact you to ask whether you wish to continue with your Order at the correct price or cancel it. Payment methods are as detailed on the web site and include most major credit and debit cards. Payment must be made in full prior to the despatch of the Product ordered. We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method or suggest that you order over the telephone.

Availability and Delivery
Our Product availability information is updated regularly but it is possible that in some instances a Product may become unavailable between updates. In such circumstances we will notify you as soon as possible and advise you of any suitable alternative Products for you to consider. You do of course have the option of a full refund of any amounts you have paid in advance. Please note that estimated days for delivery shown on the web site are based on working days excluding Saturday, Sunday and Bank Holidays. Prior to delivery, you may be contacted to agree a convenient delivery day for all products other than those sent via standard letter post. Standard delivery times are between 8 am and 5 pm Monday to Friday. Premium delivery arrangements may be available at a small extra cost. These include prearranged am and pm deliveries and Saturday deliveries. If you are interested in a premium delivery service please contact us for details. We do everything we can to meet the delivery dates specified. However, these cannot be guaranteed as occasionally deliveries may be affected by factors beyond our control e.g. traffic problems and vehicle breakdowns. In such circumstances we will inform you as soon as we become aware of an unexpected delay. We ask that you provide a telephone number where you can be contacted on the day of delivery in case unforeseen problems arise. All deliveries with the exception of Products sent by standard letter post require a signature on the delivery note to accept delivery and confirm the Product has arrived in an undamaged condition, unless you the customer has requested that the product is left without signature. We strongly recommend that you check the Product is complete and undamaged before signing. If you are not satisfied with the condition of the Product please advise the driver and refuse the delivery. If you sign for the Product the full shipment will be deemed to have been supplied in good condition and VUKOGC will not accept any claim for shortages in delivery or obvious defects or damage to or breakages to the Products. If after agreeing a delivery date, we are unable to make the delivery due to the absence of someone to sign for the delivery you will be asked to pay any costs incurred to redeliver the products at a later time or date. Some of our Products are delivered direct from the supplier, subject to availability. Some are made to Order. Some can only be delivered to mainland UK addresses.

Returns Policy
We are sure you will be delighted with your purchase. If however it is not exactly what you wanted then you have the right to cancel your Order at any time either before or up to 7 working days (excluding Saturdays, Sundays and Bank holidays) following the day the Product(s) was delivered. This does not include Products which have been personalised, business to business transactions or Products which were ordered to your specification. If you wish to cancel your Order you must notify VUKOGC at "support (at) Value UK Online Garden Centre.co.uk" within the seven working days of delivery requesting that you would like to return the product. We will then issue a returns number which must be clearly labeled on all returns. In all cases, your Product must be complete and in 'as new' condition. If you have opened the box to examine the Product you must have done so without damaging or marking the Product or packaging. The Product must not have been used or installed. It should be returned with the original box and packaging, along with any accessories and literature you received with it. You, the customer will be liable for return delivery charges, however we can arrange the pick up if required. Our standard website prices include delivery within the price for orders over �400, otherwise a delivery charge applies. If you follow the above steps, we will issue you with a full refund for the cost of the Product and any standard delivery charge you may have paid to receive the product; next day, timed, Saturday or outside UK mainland additional delivery charges will not be refunded; you will be liable for return delivery charges. Refunds take up to 30 days to be credited to your payment card following receipt of the Product by VUKOGC in �as new� condition. All our Products have at least a one year manufacturer's warranty. Faults are very rare, but if you consider an item to be faulty please call or email us immediately. We may be able to help solve the problem over the phone. If the Product needs to be returned for inspection, please check with us how the item should be returned. In all cases we reserve the right to inspect the product and verify the fault. Faulty Products will be repaired or replaced. This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear. Please always follow the manufacturer�s installation and aftercare instructions, as not doing so will invalidate the warranty. This returns policy does not affect your legal rights.

Guarantee and warranty
A manufacturer's warranty covers all products that we supply. VUKOGC warrants that the Goods will be of merchantable quality and reasonably fit for purpose for a period of 12 months from the date of delivery (excluding batteries) and VUKOGC will at its option refund the purchase price of or repair or replace free of charge any Goods which its examination confirms are defective provided:
A) the Customer makes a full inspection of the Goods immediately upon delivery;
B) the Customer notifies VUKOGC forthwith of any defects which it discovers;
C) the Customer has used the Goods in accordance with any instructions or recommendations of VUKOGC;
D) the Goods have not been adjusted, altered, adapted or repaired by any party other than VUKOGC;
E) the Goods are either made available to VUKOGC for inspection or returned to VUKOGC at the Customer�s own expense, as VUKOGC may request.
F) In no circumstances shall VUKOGC�s liability to the Customer for any breach of warranty exceed the price paid for the Goods with respect to which the claim is made.
G) VUKOGC shall be under no liability in respect of any defect arising from any drawing, design or specification supplied by the Customer.
H) VUKOGC shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, frost, negligence, lightning, the electrical supply, abnormal working conditions, or the introduction of any water additives or materials not supplied by VUKOGC.
I) Except as provided for in these Conditions, there are no warranties, express or implied, of merchantability or of fitness for a particular purpose, or of any other kind except as to title. In particular, all conditions and warranties which would otherwise be implied by statute or under the common law are hereby excluded. 

VUKOGC reserve the right to charge delivery for items returned for testing under guarantee which subsequently after testing are found to operate correctly.

General
All rights, including copyright and database right, in VUKOGC web sites and its contents, are owned by or licensed to VUKOGC or its suppliers, or otherwise used by VUKOGC as permitted by applicable law. In accessing the VUKOGC web pages, you agree that you will access the contents solely for your own private use but not for any commercial or public use. You can download and use the service on a single CPU at a time and you can print out a single hard copy of any part of the content on the VUKOGC websites for your personal use. Except as permitted above, you undertake not to copy, store in any medium (including in any other web site), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of VUKOGC web site without the prior written permission of VUKOGC or in accordance with the Copyright, Designs and Patents Act 1988. Except as specifically stated on this Web site, to the fullest extent permitted at law, neither VUKOGC nor any of its affiliates, directors, employees or tother representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or Products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, VUKOGC does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of VUKOGC, its affiliates, directors, employees or other representatives. You may not create any link to this web site without our prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.

Items sold on this website are generally intended for normal domestic and consumer use and not for resale or commercial use. We reserve the right to refuse access to this website, to remove or edit content, or to refuse or cancel orders at our discretion. If we cancel an order, it will be without charge to you, and we will reimburse any payment made by you If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

The above terms and conditions and for use on all consumer purchases. The following terms and conditions apply for business to business transactions.

BUSINESS TO BUSINESS TRANSACTIONS CONDITIONS OF SALE

1 Definitions

Business Customer means the person, firm or company placing an order with VUKOGC.

Contract means the contract for the supply Goods formed by VUKOGC�s acceptance (which, however made or communicated, shall be deemed made subject to these Conditions) of the Business Customer�s order.

Goods means all the goods or services which are the subject of the Business Customer�s order and which are to be supplied to the Business Customer by VUKOGC subject to these Conditions of Sale.

2 Formation of Contract

2.1 All Goods sold by VUKOGC are sold subject to these Conditions of Sale and these Conditions of Sale shall be the sole terms and conditions of any sale by VUKOGC to the Business Customer.  Terms and conditions on the Business Customers order form or other similar document shall not be binding on VUKOGC and the placing of an order for or the acceptance of the Goods by the Business Customer shall indicate unqualified acceptance of these Conditions of Sale.

2.2 No representative, agent or sales person has the authority of VUKOGC to vary, amend or waive any of these Conditions of Sale on behalf of VUKOGC and no amendment or addition to any of these Conditions shall be deemed to have been accepted unless accepted in writing by VUKOGC.

3 Quotations

The prices, quantities and delivery times stated in any quotation are not binding on VUKOGC.  They are commercial estimates only which VUKOGC will make all reasonable efforts to achieve.

4 Specifications

All drawings, photographs, illustrations, dimensions, weights and other technical information and particulars of the Goods whether included in the VUKOGC catalogue, web site or otherwise are given by VUKOGC in the belief that they are as accurate as reasonably possible but are not to be treated as binding or as forming part of the Contract.

5 Orders and delivery  

5.1 Orders are accepted by VUKOGC subject to the availability of Goods for delivery.

5.2 Delivery is deemed to be complete

5.2.1 In the case of transport arranged by VUKOGC, at the moment of arrival of the Goods at the point of delivery and before the commencement of unloading

5.2.2 In the case of goods to be collected by the Business Customer or the Business Customers carrier, the earlier of the date notified to the Business Customer by VUKOGC when the Goods are available for collection or the actual time and date when the Goods are loaded onto the Business Customers carrier

5.3 Times and dates named by VUKOGC for delivery are intended as estimates only and whilst VUKOGC will use all reasonable efforts to meet such delivery dates, it shall not be liable to the Business Customer for any loss or damage, whether direct, indirect or consequential if it is delayed or prevented, in whole or in part, from delivering the Goods, and the Business Customer will not be entitled to rescind the contract for late delivery whether or not such delay in delivery is caused by the fault of VUKOGC

5.4 If the Business Customer refuses or fails to take delivery of the Goods on the date of delivery, VUKOGC will be entitled at its discretion to store the Goods at the risk of the Business Customer and the Business Customer shall in addition to the price payable under clause 7 pay all costs and expenses of such storage and any additional costs of carriage incurred.

5.5 Unless otherwise agreed, delivery of Goods within mainland UK will be made at the cost of the Business Customer to the address specified in the Business Customer�s order by any method of transportation regarded as suitable by VUKOGC at its discretion and delivery of Goods destined for export outside the UK will be as stated in the Contract.

5.6 The Business Customer shall provide at the address specified for delivery, and at its expense, adequate and appropriate equipment and manual labour for unloading the Goods.

5.7 The VUKOGC reserves the right to deliver in instalments at its discretion.

5.8 All Goods must be inspected by the Business Customer immediately on delivery.  If any Goods are damaged or lost or if there has been short delivery, the Business Customer must endorse the consignment note accordingly and submit a detailed written claim to the carrier within 3 days of delivery of the Goods and supply a copy of such claim to VUKOGC within 7 days of delivery of the Goods.  The Business Customers signature on the consignment note without any such endorsement shall release VUKOGC from any liability in respect of damage or loss in transit or short delivery.

6 Risk

Except as otherwise provided in these Conditions, the risk of loss or damage to the Goods shall pass to the Business Customer upon delivery of the Goods in accordance with clause 5

7 Price

7.1 The price payable for the Goods shall be as stated on the VUKOGC price list or quotation relating to the Goods unless otherwise stipulated in writing by VUKOGC but VUKOGC reserves the right to alter its prices without prior notice to the Business Customer.

7.2 The price is exclusive of the cost of delivery in accordance with clause 5.2 and exclusive of Value Added Tax, customs duties and all other taxes, duties and expenses in respect of the Goods all of which shall be added to the price for the Business Customer�s account unless otherwise stipulated in writing by VUKOGC.

8 Payment

8.1 payment is due prior to delivery and may be recovered by VUKOGC whether or not actual delivery or collection of the Goods has occurred.

8.3 If payment is not made when due then VUKOGC may, without prejudice to its other rights, charge interest at an annual rate of 4 per cent above the current base rate of Royal Bank of Scotland Plc to be calculated on a day to day basis on the balance outstanding until payment is made in full.

8.4 The Business Customer shall not purport to set off or withhold any payments claimed or due to VUKOGC under this or any other contract.

9 Title and lien

9.1 VUKOGC shall retain title to and ownership of the Goods until it has received payment in full of all sums due for all Goods supplied to the Business Customer.  If payments received from the Business Customer are not stated to refer to a particular invoice VUKOGC may appropriate such payments to any outstanding invoice.

9.2 If any of the Goods owned by VUKOGC are attached to, mixed with or incorporated into any other goods not owned by VUKOGC so that the Goods in question are not separate from the resulting composite or mixed goods, then immediately upon manufacture all such composite or mixed goods shall belong to VUKOGC absolutely and not by way of charge until the Goods have been paid for in full or until VUKOGC recovers possession of and resells sufficient of the composite or mixed goods to discharge the purchase price in full and VUKOGC�s costs recovered, any excess to be accounted for to the Business Customer.

9.3 Until payment of the purchase price the Business Customer shall be the bailee of the Goods for VUKOGC and the Goods shall be stored separately from any Goods which belong to the Business Customer or any third party, and shall be clearly marked and identifiable as being VUKOGC�s property.

9.4 VUKOGC hereby licences the Business Customer to sell, as VUKOGC�s agent and bailee Goods which belong to VUKOGC.  All monies received from any such sale shall be held on trust to settle any sums due in respect thereof to VUKOGC and pay any balance to the Business Customer.  Such monies shall be placed to the credit of a separate fiduciary bank account which shall not be permitted to become overdrawn and shall not be released to the Business Customer until payment for the Goods has been received.

9.5 If the Business Customer fails to make any payment to VUKOGC when due, compounds with its creditors, executes an assignment for the benefit of its creditors, has a bankruptcy order against it or, being a company, enters into voluntary or compulsory liquidation or has an administrator or administrative receiver or receiver appointed over all or part of its assets or takes or suffers any similar action in consequence of debt or becomes insolvent or if VUKOGC has reasonable cause to believe that any of these events is likely to occur, VUKOGC shall have the right, without prejudice to any other remedies:

9.5.1 to enter without prior notice any premises where Goods owned by it may be, and to repossess and dispose of any Goods owned by it so as to discharge any sums owed to it by the Business Customer under this or any other contract;

9.5.2 to require the Business Customer not to resell or part with possession of any Goods owned by VUKOGC until the Business Customer has paid in full all sums owed by it to VUKOGC under this or any other contract;

9.5.3 to withhold delivery of any undelivered Goods and stop any Goods in transit.

9.6 Unless VUKOGC expressly elects otherwise, any contract between it and the Business Customer for the supply of Goods shall remain in existence notwithstanding any exercise by VUKOGC of its rights under this clause 9.

9.7 The Goods shall, once the risk has passed to the Business Customer in accordance with clause 6 (Risk) or otherwise, be and remain at the Business Customer�s risk at all times unless and until VUKOGC has retaken possession of them, and the Business Customer shall insure accordingly.

10 Warranty

10.1 VUKOGC warrants that the Goods will be of merchantable quality and reasonably fit for purpose for a period of 12 months from the date of delivery and VUKOGC will at its option refund the purchase price of or repair or replace free of charge any Goods which its examination confirms are defective provided:

10.1.1 the Business Customer makes a full inspection of the Goods immediately upon delivery;

10.1.2 the Business Customer notifies VUKOGC forthwith of any defects which it discovers;

10.1.3 the Business Customer has used the Goods in accordance with any instructions or recommendations of VUKOGC;

10.1.4 the Goods have not been adjusted, altered, adapted or repaired by any party other than VUKOGC;

10.1.5 the Goods are either made available to VUKOGC for inspection or returned to VUKOGC at the Business Customer�s own expense, as VUKOGC may request.

10.2 In no circumstances shall VUKOGC�s liability to the Business Customer for any breach of warranty exceed the price paid for the Goods with respect to which the claim is made.

10.3 VUKOGC shall be under no liability in respect of any defect arising from any drawing, design or specification supplied by the Business Customer.

10.4 VUKOGC shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, frost, negligence, lightning, the electrical supply, abnormal working conditions, or the introduction of any water additives or materials not supplied by VUKOGC.

10.5 Except as provided for in these Conditions, there are no warranties, express or implied, of merchantability or of fitness for a particular purpose, or of any other kind except as to title.  In particular, all conditions and warranties which would otherwise be implied by statute or under the common law are hereby excluded.

11 Liability

11.1 VUKOGC shall under no circumstances be liable for any indirect, special or consequential loss (including, without limitation, loss of anticipated profit, loss of business, depletion of goodwill and similar loss or third party claims) howsoever arising either from breach or non-performance of any of its obligations under the Contract or from the supply of or intended use of the Goods, even if VUKOGC has been advised of the possibility of such potential loss, except that in the case of contracts which are not international supply contracts as defined in section 26 Unfair Contract Terms Act 1977 VUKOGC shall be liable for loss arising from death or personal injury resulting from the proven negligence of VUKOGC and except that nothing in these Conditions of Sale shall have the effect of excluding or limiting liability under the Consumer Protection Act 1987 to a person who has suffered damage caused by a defective product, or to a dependent or relative of such person.

11.2 The Business Customer shall fully indemnify VUKOGC in respect of all actions, suits, claims, demands, costs, charges or expenses arising from damage to or destruction of property, personal injury or death whether caused by the negligence of VUKOGC, its servants, agents or subcontractors in executing the Contract or howsoever caused, provided that in the case of contracts which are not international supply contracts (as defined above) the Business Customer shall not be liable to indemnify VUKOGC in respect of any action, suit, claim, demand, cost, charge or expense arising from personal injury or death caused by the proven negligence of VUKOGC.

11.3 All recommendations and advice given by or on behalf of VUKOGC to the Business Customer as to methods of storing, using or applying the Goods, the purposes for which the Goods may be applied are given without liability on the part of VUKOGC.

11.4 VUKOGC makes no representation or warranty that use of the Goods does not infringe the rights of any third party and VUKOGC accepts no liability in this respect.

11.5 Nothing in these Conditions excludes or limits the liability of VUKOGC for any matter which it would be illegal for VUKOGC to exclude or attempt to exclude its liability or for fraud or fraudulent misrepresentation.

12 Regulations and labelling

The Business Customer shall be responsible for compliance with all relevant laws and regulations and for obtaining and maintaining at its expense any necessary import or export licences, customs clearance, exchange control consent or other authorisations and permits whatsoever and the Business Customer shall ensure that the Goods are at all times labelled in such a way as to ensure the safety which a person is entitled to expect from the Goods.

13 Termination

Should the Business Customer make default in any payment or otherwise be in breach of its obligations to VUKOGC under the Contract or under any other contract with VUKOGC, or compound with or execute an assignment for the benefit of its creditors or commit any act of bankruptcy or being a company enter into voluntary or compulsory liquidation or suffer a receiver or administrative receiver or administrator to be appointed over all or any part of its assets or take or suffer any similar action in consequence of debt or become insolvent or should VUKOGC have reasonable cause to believe that any of these events is likely to occur, VUKOGC may, by notice in writing to the Business Customer, without prejudice to any other rights, forthwith suspend or cancel any uncompleted part of the Contract or stop any Goods in transit or require payment in advance or satisfactory security for further deliveries under the Contract.

14 Assignment

14.1 The Business Customer shall not be entitled to assign, transfer or otherwise dispose the Contract or any part of it without the prior written consent of VUKOGC.

14.2 References in these Conditions to a party shall, except where the context requires otherwise, include its successors in title and permitted assigns.

14.3 Unless the Contract expressly states otherwise:

14.3.1 a person who is not a party to the Contract has no right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999; and

14.3.2 if a person who is not a party to the Contract is stated to have the right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999, the parties may rescind or vary the Contract (and any documents entered into pursuant to or in connection with it) without the consent of that person.

15 Force majeure

VUKOGC shall not be liable to the Business Customer for any loss or damage caused to or suffered by the Business Customer as a direct or indirect result of the supply of the Goods by VUKOGC being prevented, restricted, hindered or delayed by reason of any circumstances outside the reasonable control of VUKOGC including, without limitation, circumstances affecting the provision of all or any part of the Goods by VUKOGC�s usual source of supply or delivery or by VUKOGC�s normal route or means of delivery.

16 Relationship between the parties

Nothing in these Conditions is to be construed as establishing or implying any partnership or joint venture between the parties, or as appointing any party as agent or employee of any other party.  No party shall hold out any other party as its partner or joint venturer.  Except, and to the extent, that these Conditions expressly states otherwise, no party may, incur any expenses or negotiate on behalf of any other party or commit any other party in any way to any person without that other party�s prior written consent.

17 Intellectual Property

17.1 In this clause �Intellectual Property� means patents, trademarks, service marks, rights (whether registered or unregistered) in any designs, applications for any of the foregoing, trade or business names, copyright, rights in and to software, rights in and to confidential information and know-how, rights in and to databases and all other intellectual property rights and similar property rights of whatever nature subsisting in any part of the world.

17.2 Each party acknowledges that the other owns Intellectual Property which has been independently developed and which relates to that party�s business or operations.  It is acknowledged that, save only as expressly agreed in writing by the parties, the Intellectual Property owned by either party will remain the exclusive property of the owning party.

18 Waiver

The failure of VUKOGC to insist upon the strict performance of any of the terms and conditions of the Contract shall not be construed as a waiver of any such term or condition and shall in no way affect VUKOGC�s right to enforce such provision later.

19 Severability

If any of the terms and conditions of the Contract (or part thereof) shall be found to be invalid, ineffective or unenforceable, the invalidity, ineffectiveness or unenforceability of such term or condition (or part thereof) shall not affect any other term or condition (or the other part of the term or condition of which such invalid, ineffective or unenforceable part forms part) and all terms and conditions (or parts thereof) not affected by such invalidity, ineffectiveness or unenforceability shall remain in full force and effect.

20 Communications

20.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax:

20.1.1 (in case of communications to VUKOGC) to its registered office or such changed address as shall be notified to the Business Customer by VUKOGC; or

20.1.2 (in the case of the communications to the Business Customer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Business Customer set out in any document which forms part of the Contract or such other address as shall be notified to VUKOGC by the Business Customer.

20.2 Communications shall be deemed to have been received:

20.2.1 if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or

20.2.2 if delivered by hand, on the day of delivery; or

20.2.3 if sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.

20.3 Communications addressed to VUKOGC shall be marked for the attention of the Directors.

21 Governing law

The construction, validity and performance of the Contract shall be governed by English law and by entering into the Contract the parties submit to the jurisdiction of the English courts.

22 Copyright and use of our images and videos.

Images, videos and text on this site or in VUKOGC published literature are copyright to diy2go Ltd. Please contact us if you wish to use one of our images or videos: use of our images or videos without our permission is theft. diy2go Ltd can offer all images / video clips for use to authorised Business Customers free of charge, please contact us to request the use of our images. Alternatively, images and videos owned by diy2go Ltd may be hired for an initial fee of �1000 + VAT per image or video plus �100 + VAT per week per image or video. Your use of one of our images or videos on your website or literature without prior consent signifies your agreement to these terms and conditions. They constitute a contract between you and us governing your use of these images or videos.

  

 

Privacy
We are committed to protecting you privacy. We will only use the information that we collect about you lawfully, in accordance with the Data Protection Act 1998. Any information you provide is used by us to process your order and contact you should there be a problem. If you have agreed, we may occasionally e-mail you Special offers and News. You may opt out of this at any time you choose. We will never share your personal information with any other company or organisation.

Your Statutory Rights
All statements, guarantees or warranties in these terms are additional to, and do not alter or otherwise affect your statutory rights.

Complaints
We aim to provide the best possible service at all times. In the event or a query or complaint please contact us at "support (at)Value UK Online Garden Centre.o.uk". We will respond as soon as possible, usually within 48 hours to discuss and try to resolve the problem.

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