THE AGREEMENT: The use of this website and services on this website provided by Landscapes for Learning Ltd, Registered address: Unit 6 Withey Court, Duffryn Industrial Estate, Caerphilly, CF82 7TT, Company number: 10707024, Registered VAT no. 290 6848 67, Telephone no. 02922 403777, Email: firstname.lastname@example.org (hereinafter referred to as "Company") are subject to the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").
Landscapes 4 Learning Ltd are completely dedicated to your total satisfaction. If you have any suggestions or comments or if you need to contact us, please email us using the link on the store page or use the details above.
The parties referred to in this Agreement shall be defined as follows:
- a) Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
- b) You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
- c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.
The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.
For orders made from the UK, 20% VAT is added. All other orders are VAT free provided that you have supplied us with your Company VAT number.
5) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. When purchasing a physical good, You agree to provide Us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information that You provide to us. If We do so after payment has been processed, We will issue a refund to You in the amount of the purchase price. We also may request additional information from You prior to confirming a sale, and We reserve the right to place any additional restrictions on the sale of any of Our products. You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. For the sale of physical products, We may preauthorize Your credit or debit card at the time You place the order, or We may simply charge Your card upon shipment. You agree to monitor Your method of payment. Shipment costs and dates are subject to change from the costs and dates that You are quoted due to unforeseen circumstances. For any questions, concerns, or disputes, You agree to contact Us in a timely manner at the following: email@example.com.
Delivery of the Goods shall be made to the Buyer's address or to the delivery address specified on the order if different. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
The Buyer shall be deemed to have accepted Goods 5 working days after delivery to the Buyer. After acceptance the Buyer shall not be entitled to reject Goods which are in accordance with the contract.
In the case of damage or loss in transit or shortage, the Buyer must:
- a) clearly mark any delivery paperwork, consignment note, carriers docket or electronic signature pad as 'unexamined'
- b) advise the Seller within 5 working days of delivery so that we can make a prompt claim against the delivery company and correct the problem.
Please quote your order number in all correspondence. You agree that proof of delivery supplied by our delivery company is sufficient evidence to establish that goods have been received.
If delivery is rejected, the consumer must pay return charges, of £100 to Landscapes for Learning Ltd. Where the Buyer rejects any Goods, then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure of the Seller to supply the Goods which conform to the contract of sale. Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods. The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
We are unable to accept return of goods or cancellations once an order has been dispatched. This is the retailer’s obligation to their customers. You are responsible for the cost and risk of loss or damage when returning the goods. This cancellation policy does not affect your rights when we are at fault - for example, if goods are faulty or mis-described.
These terms apply to your order. We may change our terms and conditions at any time, so please do not assume that the same terms will apply in the future.
None of these terms affect your legal rights and these are not diminished in any way. If any term is held to be invalid under any applicable statute or rule of law, that term is automatically omitted from the terms to minimum extent necessary to comply with the law and without affecting the validity or enforceability of the remainder.
6) REMITTANCE TERMS
The Price shall be the invoiced price plus VAT, which shall be due at the prevailing rate on the date of the Seller's invoice. Payment of the invoice shall be made by you the Buyer to the terms agreed in writing with the Seller: Landscapes 4 Learning Ltd. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% per month compounded, and shall accrue at such a rate after as well as before any judgement.
The Seller reserves the right to discontinue sales and/or service to the Buyer if the Buyer has a past due Account
Any invoice discrepancies must be advised by the Buyer to the Seller within 14 days from date of the invoice. Payment for Goods shall not be withheld due to invoice discrepancies. The Goods shall be at the Buyer's risk as from delivery.
We aim to guarantee your satisfaction. All of our products come with a 1-year manufacturer's guarantee against poor workmanship.
Items are treated and protected for a period of 10 years against rot and insect infestation.
Felt is guaranteed for a period of 10 years.
Fixings are guaranteed for a period of 10 years.
STORM DAMAGE IS NOT COVERED BY ANY WARRANTY.
Guarantee only valid on the condition that your Landscapes for Learning Product is cared for in line with the maintenance and safe use guidelines as outlined in the following document.
8) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.
- a) You further agree not to use the Website or Services:
- I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
- II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- IV) To perpetrate any fraud;
- V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
9) AFFILIATE MARKETING & ADVERTISING
The Company, through the Website and Services, may engage in affiliate marketing whereby the Company receives a commission on or percentage of the sale of goods or services on or through the Website. The Company may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
10) PRIVACY INFORMATION
Through Your Use of the Website and Services, You may provide Us with certain information.
- a) Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website or Services, We may also receive information from external applications that You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
- b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication. We may also track certain aspects of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
- c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information about You that You have provided, such as Your email address.
THE PRODUCT(S) MAY CONTAIN SMALL PARTS AND IS NOT SUITABLE FOR CHILDREN UNDER 36 MONTHS. SMALL PARTS ARE A CHOKING HAZARD.
CHILDREN MUST NOT USE THIS PRODUCT UNTIL PROPERLY INSTALLED.
ADULT SUPERVISION REQUIRED.
This information is important for future reference. Failure to follow these guidelines will void the warranty.
- If the item requires self-assembly Item must be assembled by an adult before use exactly in accordance with the instructions.
- Children must not use this product until properly installed.
- Check all parts are present before you start to assemble the product.
- If any parts are missing do not use the product until the replacement parts are fitted.
- Ensure your product is sited on level ground. Failure to do this may put additional stress on connections and joints and in time could cause them to fail.
- Ensure your product is located on a suitable level surface.
- Avoid locating this product in full sun as warping or cracking may occur.
- Remove all packaging before giving to your children.
- Equipment should be checked by an adult at the beginning of each season and at regular intervals during the usage season to ensure it is safe. Pay special attention to all connections and fastenings.
- Parts may need to be replaced if they show signs of wear and tear. Replace any defective parts in accordance with these guidelines.
- Due to the natural characteristics of timber, it is vital to check your equipment regularly for splintering, lifting of surface layers of wood or exposure of rough wood. Affected areas must be rubbed down using coarse sandpaper to restore a smooth, safe surface.
- Any changes to the equipment or adding an accessory, must be done in accordance with this advice. Failure to do this will render your guarantee null and void and may make your product unsafe.
- Ensure children’s clothing is appropriate for the play activity.
- Never place equipment near a fire.
- In high winds, ensure outdoor equipment are moved to a sheltered position and/or securely staked down.
- The age recommendation for your product is clearly stated by the rep at point of quotation. Please adhere to it at all times. Adult supervision is required at all times to ensure children play safely. Landscapes 4 Learning will not be held responsible for accidents that occur due to lack of adequate adult supervision.
- When you dispose of this equipment please do so responsibly.
- We advise that all equipment be treated at least every six months with a preservative such as a clear decking oil or similar. Failure to do so will void any warranty.
- Your new equipment will be subject to ‘hard play’. Landscapes 4 Learning Ltd cannot be held responsible for the repairs resulting from general ‘wear & tear’. A degree of ongoing maintenance by an appropriately qualified and suitably insured person is expected. (e.g. caretaker/grounds manager)
12) EQUIPMENT INSPECTION
It is important to regularly inspect your wooden equipment to make sure no damage has occurred that will impact the safety of using it. Inspecting your equipment simply means thoroughly looking over the play equipment to look for any small or large damage that has taken place. It is important to note the small damages, as these can quickly result into a larger one, which will make the equipment unsafe for children to use. Ideally you should try to check your equipment about once a month, even if it is not being used regularly as weather conditions can cause damage.
All wooden items should be coated with a clear decking oil upon receipt, (or within the first 30 days of delivery). If this is not done, our 12-month warranty becomes void.
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
14) SPAM POLICY
You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
15) THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.
16) MODIFICATION & VARIATION
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
- a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
- b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
- c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
17) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
18) SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
19) TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
20) NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.
21) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred (100) GBP or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
22) GENERAL PROVISIONS:
- a) LANGUAGE:All communications made or notices given pursuant to this Agreement shall be in the English language.
- b) JURISDICTION, VENUE & CHOICE OF LAW:Through Your use of the Website or Services, You agree that the laws from the Company’s headquarters shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions.
- c) GOOD FAITH RESOLUTION:In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith.
- d)ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
- e) SEVERABILITY:If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
- f) NO WAIVER:In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
- g) HEADINGS FOR CONVENIENCE ONLY:Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
- h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE:No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
- i)FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
- j) ELECTRONIC COMMUNICATIONS PERMITTED:Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: firstname.lastname@example.org