Tranquil Water Garden – Terms and Conditions

Disclaimer: These sample terms are provided for general informational purposes only and do not constitute legal advice. Laws differ depending on jurisdiction and the nature of your business. Before publishing or relying on any terms and conditions, you should consult a qualified solicitor or legal professional to ensure compliance with local legislation (e.g., the Consumer Rights Act 2015, Consumer Contracts Regulations 2013 and any other relevant UK or EU regulations).

1. Definitions and Applicability

“We”, “us” and “our” means Tranquil Water Garden, a pond and water-garden design and supply business operating in the United Kingdom.
“Customer”, “you” and “your” means the person or entity purchasing products or services from us.
“Products” means any goods that we manufacture, design, supply or install, including bespoke (custom-made) ponds, water features and associated equipment.
“Services” means any design, consultation, maintenance, installation or other services we provide.

By placing an order or paying a deposit with Tranquil Water Garden, you agree to be bound by these Terms and Conditions. If you do not agree, please do not proceed with your purchase.

2. Ordering and Design Process

Consultation and Design: Many of our projects involve bespoke products and custom installations created to your specification. We will discuss your requirements, budget and design preferences and may produce sketches, drawings or specifications for your approval.
Customer Contributions: You are responsible for providing accurate information about the intended use, dimensions, site conditions and any design elements you wish to incorporate. Any design approval you provide (verbally or in writing) will be deemed final. Changes requested after approval may incur additional charges and may extend the estimated delivery time.
Deposit Requirement: Once a design has been agreed in principle, we will request a deposit (typically a percentage of the total price) to cover initial costs, secure materials and schedule production. No work will commence until the deposit has been received and cleared.
Payment by Instalments (Purchase Plan): To make purchases accessible, we offer an instalment payment option. You pay a deposit at the time of order and then spread the remaining balance over agreed instalments (for example, monthly payments). The instalment schedule, amounts and due dates will be outlined in your order confirmation.
- Your order confirmation will specify whether instalments incur any interest or administrative fees (if relevant) and will set out the total cost payable.
- By choosing the instalment option, you agree to make payments on or before the specified dates. Late or missed payments may result in additional charges or suspension of work until payments are up to date.
Custom Products: Many of our products are built to order. We begin ordering components and materials from our suppliers and commence fabrication after we receive your deposit and design approval. Custom products may not be cancelled once production has begun (see Section 6 below).

3. Pricing and Payment Terms

Quotations and Validity: Unless otherwise specified, our quotations are valid for 30 days. All prices are subject to VAT (where applicable). We reserve the right to correct typographical errors and to adjust pricing to reflect changes in supplier costs prior to confirming your order.
Deposit: The deposit amount will usually be calculated as a percentage of the total order value. The deposit secures your order in our production schedule and covers preliminary expenses. For bespoke products, deposits are non-refundable once we have begun ordering materials or commenced production (see Section 6).
Instalments: If you elect to pay by instalments, the schedule will be detailed in writing. We may partner with third-party finance providers; in that case, your instalment agreement may be subject to their separate terms and credit-worthiness checks.
Final Payment: Payment in full (or completion of all instalments) is required before delivery or installation unless otherwise agreed. Ownership of the products remains with Tranquil Water Garden until full payment has been received.
Late Payments: If you fail to pay any amount due, we reserve the right to charge interest on overdue amounts at the statutory rate, suspend further work or delivery, or take steps to recover the outstanding balance (including legal fees).

4. Production Lead Times and Delays

Estimated Timescales: Bespoke products often require sourcing materials, manufacturing components and coordinating specialised trades. Lead times may range from several weeks to several months. We will provide an estimated timescale, but this is an approximation and not a guaranteed completion date.
Supplier and Manufacturing Delays: We rely on suppliers for certain parts and materials. Delays in obtaining materials, unexpected manufacturing issues or events beyond our control (e.g., extreme weather, labour shortages, transport disruptions) may extend the delivery schedule. We will keep you informed and work to minimise delays.
Customer-Requested Changes: Any modifications requested after production has begun can extend the timeline and may incur additional charges.
Customer Protection: If we cannot supply the agreed product within a reasonable timeframe, you may be entitled to cancel the order and receive a refund of any amounts paid, subject to deductions for work already completed or materials that cannot be returned (see Section 6).

5. Delivery and Installation

Delivery Arrangements: We will agree a delivery or installation date with you once your product is ready. Delivery charges (if any) will be specified in your order confirmation. For large installations, you must ensure the site is accessible and prepared.
Risk and Ownership: Risk of loss or damage to the products passes to you on delivery or installation. Ownership does not transfer until we have received full payment for all goods and services supplied.
Inspection: Upon receipt, please inspect the goods or the installation and notify us immediately of any damage or defects. Failure to report issues within a reasonable timeframe may affect your rights under warranty.

6. Cancellations, Returns and Refunds

Custom/Bespoke Items: Under UK consumer law, bespoke or custom-made goods tailored to your specification are exempt from the standard 14-day cooling-off cancellation period that applies to distance contracts. Once production has begun, you cannot cancel the order or return the item for a refund simply because you change your mind.
Prior to Production: If you cancel before we have ordered materials or begun manufacturing, we will refund your deposit minus any reasonable costs already incurred (e.g., design work, administrative fees).
If We Fail to Deliver: If we are unable to supply the products within a reasonable time and cannot agree on an alternative, you may cancel and receive a refund of amounts paid, minus any costs for work already completed or non-returnable materials.
Standard (Non-Custom) Goods: For non-custom products purchased without personalisation, you may have a right to cancel within 14 days of delivery and obtain a refund, provided the item is returned unused and in its original packaging. You are responsible for return shipping costs unless the item is faulty.

7. Warranties and Defects

Manufacturer’s Warranty: Many of the components we supply (e.g., pumps, filters) come with a manufacturer’s warranty. We will pass these warranties on to you and assist with claims where reasonable. Warranty terms vary; please refer to the specific documentation provided with your product.
Workmanship Guarantee: We warrant that our workmanship will be carried out with reasonable care and skill. If a defect arises due to our workmanship within 12 months of installation, we will repair or replace the defect free of charge. This warranty does not cover wear and tear, accidental damage, misuse, neglect, or alterations made by anyone other than us.
Consumer Rights: Nothing in these terms affects your statutory rights under the Consumer Rights Act 2015 or other applicable legislation. If a product is defective, you may be entitled to a repair, replacement or refund as required by law.

8. Liability and Indemnity

Limitation of Liability: To the fullest extent permitted by law, our total liability for any loss or damage arising under or in connection with your order (whether in contract, tort or otherwise) shall not exceed the price paid for the products or services giving rise to the claim.
Exclusions: We are not liable for any indirect or consequential losses (including loss of profits, business, goodwill or data), nor for any delay or failure in performance caused by events beyond our reasonable control.
Customer Property: We are not responsible for damage to underground services or structures not properly identified or disclosed by you. You must inform us of any hidden obstacles before installation.

9. Data Protection and Privacy

Personal Information: We collect and process personal data (such as your name, address, payment details and contact information) in order to fulfil your order, manage our business and comply with our legal obligations.
Use of Data: Your information will be used to administer your account, process payments, deliver products, provide customer service and, with your consent, send marketing communications. We will not sell your personal data to third parties.
Compliance: We will comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. For more information, please refer to our Privacy Policy (available on request).

10. Amendments to These Terms

We may update or amend these terms from time to time. The version in force at the time you place your order will apply to your purchase. Any changes will be posted on our website or provided to you on request.

11. Governing Law and Jurisdiction

These terms are governed by and construed in accordance with the laws of England and Wales. Any dispute arising from these terms or your purchase shall be subject to the exclusive jurisdiction of the courts of England and Wales, unless you are a consumer resident in another part of the United Kingdom, in which case you may bring proceedings in your local courts.

12. Contact Information

If you have any questions, concerns or complaints regarding these terms or your order, please contact us:

Tranquil Water Garden
Address: [insert business address]
Email: [insert customer service email]
Phone: [insert contact telephone number]

We will endeavour to respond promptly and resolve any issues to your satisfaction.