Applegate Gardens Ltd. Information

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Applegate Gardens Ltd.
PO Box 4269, Toddington, Dunstable, Bedfordshire, LU5 6WW. United Kingdom
Phone: (0871) 871 3701
VAT Reg'n No. 824437823
Company No. 04732196
Company registered in England and Wales.

WWW.APPLEGATEGARDENS.CO.UK
These Terms & Conditions govern the use of Applegate Gardens service, (The "Website") and any bronze, Silver or Gold designs, downloads, documents or packs of documents (The "Packs") and all other content, information or guides located on The Website and all other versions of the Website or Packs that appear on third party sites that have been expressly licenced by Applegate Gardens Ltd, ("Applegate Gardens"). APPLEGATE GARDENS, and the apple logo are the registered trade marks of Applegate Gardens and must not be used in any form without the express prior written approval of Applegate Gardens.

Introduction
The Website is an online service for downloading or purchasing individual garden documents and document packs.

Customer Information
Customers should ensure that the contact information they provide is correct before payment or applying for a free download.

Customer Complaints
Applegate Gardens endeavours to respond to complaints within 5 working days.

Copyright & Licence
The purchase or download of Packs from the Website gives the Customer a licence to use the documents and information contained therein for the period of the licence, subject to limitations described in these terms and conditions. All Packs are and remain the copyright of Applegate Gardens. Furthermore the copyright notice and document reference details on each Pack shall not be removed or altered in anyway by the Customer. Customers may not re-sell, re-publish, copy or distribute any Applegate Gardens Packs or any part thereof for use by any third party, including another organisation within a group. Customers may make a reasonable number of copies of Packs for personal use only. Customers may not share any unique username or password they may be given to access the Packs or updates to the Packs with any third party. Customers must notify Applegate Gardens of any changes to their contact details, including their email address. Customers must not use the email address supplied at the time of purchase to forward service announcements or notice of updates sent by Applegate Gardens regarding the Packs to another email address, whether it is their email address or that of a third party. Applegate Gardens reserves the right to withdraw (without refund) access to the Packs where it is believed that usernames & passwords have been disclosed to a third party. If you suspect that your username & password are being used by a third party you should email Applegate Gardens at designs@applegategardens.co.uk immediately. Applegate Gardens will not issue any refunds either in full or part where access to the Packs is withdrawn due to a breach or suspected breach of these Terms & Conditions by the Customer.

Liability
Applegate Gardens tries to ensure that all documents or information contained within the Website, the Packs or any other part of The Website are relevant at the time of use. However, neither Applegate Gardens, its directors or officers, partners of Applegate Gardens, or third party sales agents shall be liable for any losses that arise from relying upon information within either the Website, the Packs or any other part of The Website or where the Customer decides to act or not to act based upon the information contained within the Website or Packs. Neither the contents of the Website, Packs or any other part of The Website constitute individual advice. All of our services should be used in conjunction with proper advice where required.

Access to The Website
Applegate Gardens takes all reasonable steps to ensure that both The Website are available and functioning fully at all times. However, Applegate Gardens does not accept any responsibility for "down-time" or poor performance of Applegate Gardens fileservers or where any Applegate Gardens service is unavailable for any other reason, whether within or outside the direct control of Applegate Gardens. Furthermore Applegate Gardens reserves the right to bar users or customers from access to either The Website and any services contained within where a user or customer commits or seeks to commit fraud, attempts to disrupt in any way the services offered on The Website .

Alteration of Terms & Conditions
Applegate Gardens is free to alter or revise The Website at any time and without the requirement to notify users.

Acceptance
Your use of The Website and any service contained within constitutes acceptance of these Terms & Conditions.

Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and Applegate Gardens.

Severability
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

Waiver by Applegate Gardens
Failure by either Applegate Gardens to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless Applegate Gardens acknowledges the waiver in writing.

Jurisdiction
The Websiteis intended for the jurisdiction of England & Wales and as such should not be specifically used or relied upon for any other jurisdiction. Applegate Gardens does not accept responsibility for any such use. These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

making a purchase
Paying for your Packs could not be easier. Simply follow the link in your email to the payment page for your garden size, and click on the 'Buy Now' button to add the item to your shopping basket. After you have finished your selection, click on 'Checkout' and you will be asked for a few details that we need to be able to complete the order.

We regret we cannot accept orders from customers from the USA or Canada for legal reasons.

We accept credit and debit card payments in Sterling, US Dollars and Euro's. If you are shopping from Europe or anywhere else, place your order and your credit card company will convert the transaction to US Dollars, Euros or your own currency.

When confirmation of order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send your invoice, designs or documents. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.

tax charges
Value Added Tax (VAT) at 17.5% is charged on all orders, and is included in the prices shown for each product.

credit card security
Verification of credit or debit cards is carried out by WorldPay, the UK's leading provider of secure online card processing. WorldPay are authorised by all major banks in the U.K. to carry out the processing of credit and debit card transactions.

Your card details are sent in an encrypted form using industry standard 128-bit encryption. 128-bit encryption is the strongest commercially available encryption system on the internet.

Applegate Gardens Ltd. does not have access to your card details, these are passed directly from WorldPay in an encrypted form to your bank over a secure link. We (like you) receive a transaction receipt as proof of your purchase. This means that you can be sure that your card details never leave this secure environment.

To check that any card payment page is secure look for the following in your browser:

1. The website address begins with "https" rather than "http".
2. A picture of a locked padlock or a complete key, will appear at the bottom of your browser window.

Applegate Gardens Ltd. does not accept payment by standard email, telephone or fax, as these methods are less secure than the security provided by WorldPay.

guarantee
We have provided a selection of Packs for you to choose to meet your own purpose and requirements. Except where you, the buyer, are dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 section 12) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of these Packs.

Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of the Packs other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973. 23.2 .

All product and manufacturer references within Packs are for UK supplied products, which may not supply to customers from outside the UK. All images in Packs and on this website are, and remain the copyright of Applegate Gardens Ltd, Garden World Images, Homebase Ltd. and it's authorised suppliers. All photographs and Images on this website and within all Packs are for illustration purposes only, actual product appearance may vary.

We endeavour to highlight planting which is considered poisonous or known to cause allergic reactions. However we cannot be held liable for a recommendation of specific planting which may be attractive to children yet poisonous if eaten or cause allergic reactions, or design features that may be dangerous or unsuitable for the young, disabled or elderly.

Packs contain planting suitable for slight acid, slight alkaline or neutral PH soil conditions. A test of your gardens soil is advisable if you suspect high acidity or alkalinity, in which case some planting suggestions may not be suitable, and should be substituted by the buyer with suitable planting. All gardening advice on the website, and contained in all Packs is basic guidance only - more specific advice should be sought for your individual garden and planting conditions.

Applegate Gardens Ltd cannot be held responsible for discontinued or out of stock items which are recommended within these Packs, or for inaccuracies in product information given to us by suppliers. All main products are listed in the Material Lists (or Shopping Lists) within Packs - additional sundry landscaping materials required are not listed.

Whilst we may give general advice as to how the Packs may be constructed, you should seek specific advice about ground conditions, building techniques, site levels and any additional retaining walls or steps, drainage or any potential for contravening current Building Regulations. All dimensions must be confirmed on site by you before you calculate your material quantities or any construction is carried out. Material Lists (or Shopping Lists) within all Packs do not contain total material quantities required. Any material quantities given are purely estimates.

We have not surveyed your garden and cannot be held responsible for ground conditions, requirements for additional drainage or the position of routes of services which may cross the garden and be affected by the Packs or which may require the use of particular building techniques or processes. Packs are not drawn to scale. All Packs assume a flat, level garden site. DO NOT purchase or download if your site is sloping. All dimensions are Metric units.

Additional for Gold Packs
Gold Packs may be produced in either A4 or A3 format depending on the size of garden plot within the design. All Packs are delivered in a printed hard copy format as standard. We will confirm your actual garden plot size by email (and the balance due for your Final Design) on receipt of your Menu and Site Sketch pack. Your balance is due on completion of your Concept Design, before your Final Design is dispatched. All deposits are non-refundable.

By ordering a Gold Garden Design you are entering into a contract, if you do not wish to proceed beyond your Concept Design, you agree to pay the design fee's for the work carried out so far (70% of total price). Changes requested after your Gold Consultation is complete may incur additional cost. Gold Packs only include a basic Planting List of suggestions. Existing items in your garden will be modelled using a basic, representative method. Allow 15 working days for delivery of your Concept Design, and 15 working days for delivery of your Final Design - after our last correspondance. These times do not include time delays in receiving information from you, the client. Your completed Site Sketch and Menu packs must be submitted to us within 30 days to qualify for current prices. After 30 days, prices and conditions may be subject to change.

We cannot accept responsibility for missing or inaccurate information in your Menu and Site Sketch pack. Repeated requests for missing or inaccurate information may incur additional cost. Requests for changes during your consultation (which contradict details submitted in your Menu and Site Sketch pack) may incur additional cost. All 3D design imagery is purely representative, and may differ from the actual product referenced. Additional copies of Gold Packs can be ordered at £20 each copy.

Gold planting designs contain our suggestions for your planting only. We can individually research your existing planting or your specific new planting requests at extra cost.

Once full payment is received, we will dispatch your Gold Packs by first class post.

Applegate Gardens Ltd. play no part in an agreement entered into between you the client and any landscaper.
Applegate Gardens Ltd. and Homebase Ltd. do not make any direct or indirect recommendation on which landscapers to employ for your project. Quotes resulting in any subsequent contract is strictly between you the client and your chosen landscaper.

reaching us
If you need to reach us, please email us at the address listed above, alternatively, you can call us on (0871) 871 3701 (International +44 (0871) 871 3701) or fax us on (0871) 661 9049 or write to us at Applegate Gardens Ltd. P.O. Box 4269, Toddington, Dunstable, LU5 6WW, United Kingdom. Our registered address is 30, Harborough Road, Kingsthorpe, Northampton, NN2 7AZ.

privacy policy
Applegate Gardens Ltd. do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.

We may send you follow up customer satisfaction emails with news of products we think you may be interested in, however we do not send random marketing emails to personal email addresses (spam) and we conform with the requirements of the Data Protection Act, 1998.

Cookies are used on this shopping site to keep track of the contents of your shopping basket. You can turn off cookies within your browser by going to 'Tools | Internet Options | Privacy' and selecting to block cookies. If you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies.

returns policy
Due to the electronic and personalised nature of the Applegate Gardens Ltd. Packs, no right of cancellation or refund exists under Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000 once a Applegate Gardens Ltd. Packs have been purchased or downloaded by you - including Gold deposits.

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