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About Us Trade Gardens is a trading identity of Applegate Gardens Limited, based in Bedfordshire, England. If you have any suggestions or comments please email us using the online form on the Contact Us page, or:
Applegate Gardens Ltd., PO Box 4269, Toddington, Dunstable, Bedfordshire, LU5 6WW, United Kingdom. VAT Reg'n No. 824437823, Company No. 04732196, Company registered in England and Wales.
WWW.TRADEGARDENS.COM These Terms & Conditions govern the use of the Trade Gardens service, and all versions of Branded or unBranded Consultation Suites (The "Websites") 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 Websites (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 Websites are an online service for downloading individual garden documents and document packs.
Customer Information Customers should ensure all information they provide is correct before payment or applying for a product or service.
Customer Complaints Applegate Gardens endeavours to respond to complaints within 5 working days.
Copyright & Licence The purchase of Websites gives the Customer a licence to use the Website, documents and information contained therein for the period of the licence, subject to limitations described in these terms and conditions. All Websites and 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 Websites and 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 expressly for the personal use of their clients only. Customers may not share any unique username or password they may be given to access the Websites and Packs or updates to the Packs with any third party. Websites are expressly for the use of Trade Gardens customers only - NOT their clients. Usernames and Passwords must be kept securely by customers, inline with the Data Protection Act. 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 Websites and 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 Websites and 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 admin@tradegardens.com immediately. Applegate Gardens will not issue any refunds either in full or part where access to the Websites and 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 Websites, the Packs or any other part of The Websites 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 Websites, the Packs or any other part of The Websites or where the Customer decides to act or not to act based upon the information contained within the Websites or Packs. Neither the contents of the Websites, Packs or any other part of The Websites constitute individual advice. All of our services should be used in conjunction with proper advice where required.
Access to The Websites Applegate Gardens takes all reasonable steps to ensure that both The Websites 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 Trade 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 Websites 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 Websites.
Alteration of Terms & Conditions Applegate Gardens is free to alter or revise The Websites at any time and without the requirement to notify users.
Acceptance Your use of The Websites 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 Websites are 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.
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Making A Purchase Making a purchase could not be easier. Just browse our site, and add any items that you wish to buy into the 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 and your Pro-forma invoice.
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 you a final invoice. 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. |
Guarantee We have provided a selection of Packs for you to choose to meet your own purpose and requirements. Except where you, the customer, 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 customer, 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 mainland supplied products, which may not supply to customers from outside the UK mainland. All images in Packs and on the Websites are, and remain the copyright of Applegate Gardens and it's authorised suppliers. All photographs and Images on this Websites and within all Packs are for illustration purposes only, actual product appearance may vary.
We endeavour to highlight planting 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 the soil is advisable if you suspect high acidity or alkalinity, in which case planting suggestions may not be suitable, and should be substituted by the customer with suitable planting. All advice on the Websites, and contained in all Packs is basic guidance only - more specific advice should be sought for your individual garden and planting conditions.
Applegate Gardens 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 the 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 download if your site is sloping. All dimensions are Metric units.
Applegate Gardens play no part in an agreement entered into between you the customer and your clients or any landscaper or garden designer who is contacted through any of our websites. Applegate Gardens do not make any direct or indirect recommendation on which landscapers or garden designers to employ for your project. Quotes resulting in any subsequent contract is strictly between you the customer, your clients and your chosen landscaper and garden designer.
Applegate Gardens do not make any guarantee's on the use of our Garden Design Software (accessed on www.gardendesignpro.co.uk) and it's suitability for business use by Trade Gardens customers - who are given free access to download and use it for Gold designs if they chose to do so. Trade Garden's products include access to this software as a bonus, and not as part of any obligation to provide this software now or in the future.
Applegate Gardens do not make any guarantee's on the future performance of seo customised Websites, and their subsequent search engine positions and visitor numbers. Applegate Gardens will customise Websites using current best practice techniques, and will not use 'Black Hat' methods. Applegate Gardens base their seo on current algorithm experience, and make no guarantee's on future algorithm changes, or the suitablity of current techniques with those future algorithms. Further seo services are available at additional cost.
Website customisation is limited to Branded Consultation Suites ONLY. Branded Suite customisation includes replacing the top logo with one of your own design and supply (700px wide x 85px high) and modifying the Garden Installation/Gold Garden Design/Gold Planting Design/About our Service pages with upto 100 words (supplied by you) to ensure continuity with your business operation. All other elements are as per unBranded Suites, however further customisation is available at additional cost.
Additional pages ordered for Consultation Suites are limited to a maximum of 300 words, and 4 images no larger than 200px in height and 475px in width. All content (words and images) must be supplied by you the customer. Images must be correctly sized, including resolution at 72 dpi. Further customisation is available at additional cost.
Customers purchasing 'un-Branded' Suites will receive Account details and Login by email within 5 working days of payment clearance. Customers purchasing 'Branded' Suites will receive Account details and Login by email within 10 working days of payment clearance, or 10 working days after we receive all content, imagery, logo's and any other customisation or seo packages you have ordered - which ever is the last to be received by Applegate Gardens.
Maintenance Charge: All Branded Suites require an annual maintenance charge of 50% of the setup cost (your initial payment) each year of operation - to maintain your license to use it, the suite's hosting and download updates. |
Reaching Us If you need to reach us, email us using the online form on the Contact Us page, or you can call on (0871) 871 3703 (International +44 (0871) 871 3703) or write to us at PO Box 4269 Toddington Dunstable Bedfordshire LU5 6WW United Kingdom. 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.
Cookies are used on this shopping site to keep track of the contents of your shopping cart, to store delivery addresses if the address book is used and to store your details if you select the 'Remember Me' Option. They are also used after you have logged on as part of that process. 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. Data collected is used to: a. Take and fulfill customer orders b. Administer and enhance the site and service c. Only disclose information to third-parties for goods delivery purposes |
Returns Policy Due to the electronic and personalised nature of the Applegate Gardens Websites and Packs, no right of cancellation or refund exists under Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000 once a Applegate Gardens Websites and Packs have been accessed or downloaded by you. |
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