OVERVIEW

This website is operated by Viscum Water Gardens and Aquatics. Throughout the site, the terms “we”, “us” and “our” refer to Viscum Water Gardens and Aquatics. Viscum Water Gardens and Aquatics offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is built by Design Utopia. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of 18 and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected if they do not meet the criteria met in our returns policy.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You agree that your account details are kept safe and secure, and that you will not disclose your account information or give access to your account to any other party.

SECTION 7 – OPTIONAL TOOLS/SERVICES

We may provide you with access to third-party tools/services over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools/services.

Any use by you of optional tools/services offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – PRICING & WEBSITE CONTENT ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

All of the prices indicated upon our website are in Pounds Sterling and include VAT at the appropriate rate. The Company reserves the right to amend prices at any time.

Should an order be placed for an item which is inaccurately priced, the Company will contact you to arrange the necessary amendments to the transaction. Should the revised price be unacceptable to you, the Company will provide you with a full refund and cancel your order. If the Company is unable to contact you regarding the matter, the order will be refunded and cancelled.

Due to the large volume of products that are advertised upon the Company’s website and the continued expansion of our product catalogues; the Company is often reliant upon manufacturers for the provision of product descriptions. Every effort is made to ensure that this information is clear, accurate and up to date. The Company does not however warrant, represent or guarantee that this information is clear, accurate or up to date. We will be not be liable to you or any third party for any consequential or incidental damages whatsoever that may arise out of or are related to the use of this website and or any information contained within it.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international and local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

In no case shall Viscum Water Gardens and Aquatics, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 – WARRANTIES & GUARANTEES

Warranties & Guarantees are offered by manufacturers only and are product specific, if you are unsure whether the product(s) you are purchasing have an implied warranty or guarantee please contact us.

We work with the manufacturers to ensure their guarantees are honoured and we use best endeavours to resolve issues within the warranty period. We can only refund return postage costs under the manufacturers guarantee if the goods are returned to us within 14 days of the original purchase and meets the returns policy requirements. We will not refund return postage costs for guarantee/warranty returns unless the product becomes faulty within the first few weeks of receipt. We can only offer replacements parts or replacement goods when authorised by the manufacturer. Under no circumstances should goods be returned to us without prior approval. We can only offer to replace damaged glass items if we are notified within 48 hours of you receiving the delivery. We cannot replace glass bulbs/tubes unless they become faulty within the initial 14 day period.

Please note that any ex-display product purchased online or in store will not come with a warranty unless otherwise stated.

SECTION 15 – FAULTY ITEMS

You agree to follow all provided instructions prior to assembly of any item supplied by us to you, failure to do so may result in voiding of warranty and will affect your ability to return as faulty. Please consult with us prior to returning any faulty item to enable us to attempt to assist before items are returned. Items returned for repair are subject to variable processing times. If faulty goods are received you must notify us within 14 working days. Where possible replacement parts will be dispatched and where not possible we will ask you to return the goods to us in line with our Returns Policy. You must fill out a Returns request form which will be provided by a member of our customer services team. Once we have verified the damage we will supply replacements as required. Where goods returned to us are in good working order we are not able to refund your return postage costs and we reserve the right to deduct our original postage cost and a restocking fee from any refund. We cannot take responsibility for any consequential loss or damage arising directly or indirectly from goods supplied. Please be aware that all items purchased as a used or ex-display model will not retain a manufacturers warranty and are sold as seen.

SECTION 16 – CANCELLATION & RETURNS POLICY

You have the right to cancel any online order within 14 working days of receipt. You must return the goods to us in new and unused condition, in line with our Returns Policy. We must receive the goods within 21 days of the notice of cancellation during which time you are responsible for any loss or damage. If the goods arrive back in any less than perfect condition, they will be returned to you and no refund will be processed.

On such occasions, you must contact the Company in writing (or via email sent to info@viscum.co.uk), quoting your order number and the item(s) that you wish to be returned, prior to returning the product(s). Once the Company has received and acknowledged your requirement, they will provide you with the necessary procedure which you must ensure is followed. The Company will provide a full refund for these item(s) once received in original condition, excluding any carriage charges that may have been incurred when initially dispatching the order. When returning goods, you must use a recorded courier to deliver them to us, this cost will be incurred by you the customer unless explicitly expressed otherwise. The Company accepts no responsibility for damage that is incurred in transit when returning goods, or for goods that are lost in transit.

Please note that we cannot process Paypal or Klarna refunds in store. Should you wish to return an item you have paid for using Paypal or Klarna you will need to return the item to us via recorded courier as above.

Should you require the goods to be collected by the Company in order for their return, the cost of this will be incurred by you and not the Company.

 

SECTION 17 – DELIVERY & SHIPPING

The Company endeavours to ensure that all orders placed before 11:00 GMT on a working day are dispatched upon the same day, however this will not always be possible. Ordinarily you will receive your order within 5 working days, depending on stock availability. If when your order is placed we expect a longer delivery timeframe we will aim to contact you via your account details to notify you of an expected delivery timeframe. If the delivery time frame is not suitable we will issue a full refund. Please note that the Company does not guarantee the delivery timeframe of any order placed. The Company shall not be liable for any losses, costs, damages, charges or expenses caused by any delay in the delivery of an order. Should you have not received your order within 28 days of placing it, you may contact the Company quoting your order number. The Company will then provide you with an estimated delivery timeframe or alternatively may offer a full refund.

When delivered to you, it is your responsibility to inspect the goods that have been received. The Company will not accept any liability for any loss or damage that has been incurred during transit unless the Company has been informed in writing ( via email sent to info@viscum.co.uk) within 48 hours. The Company reserves the right to either dispatch a replacement(s) or missing item(s), or to provide a refund for the item(s) damaged or missing. Should an item be damaged, the Company may wish to arrange for the damaged item(s) to be collected or require that you dispose of the item(s), or alternatively we will request that you return the damaged item to us via courier. Should the Company wish to collect damaged item(s), you must ensure that they are easily available for collection and in their delivered condition.

Under no circumstances shall the Company be liable for consequential loss or damage arising from the damage or loss of an order during transit.

Free Shipping is standard for all addresses within mainland UK excluding parts of the Scottish Lowlands, the Scottish Highlands, Isle of Man, Isles of Scilly, Isle of Wight and Northern Ireland. This is due to couriers passing additional charges to these areas. Should an order be placed from one of these locations, we will contact you to inform you of the additional charges applicable, at which point there will be an opportunity to cancel the order with a full refund being provided.

See our returns policy.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Viscum Water Gardens and Aquatics and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 19 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 21 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – KLARNA

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

• Pay in 3
• Financing

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

SECTION 25 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@viscum.co.uk