Terms & Conditions
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.twilightgardens.co.uk website (the "Service") operated by CLASSAQUA LIMITED ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Order of Acceptance
Upon acceptance of your order, we will send a confirmation email to you. Your receipt of this email confirmation shall serve as our acceptance of the order and the formation of a contract between you (the buyer) and us for the sale of the goods ordered, as outlined in these terms and conditions (hereinafter referred to as the "Contract"). It is recommended that you retain a copy of this email for your records. However, despite our best efforts to fulfil all orders, there may be instances where certain products are shown as available at the time of confirmation but become unavailable subsequently. In such cases, we will inform you as soon as possible and provide a refund for the unavailable products to the original method of payment. If payment has not yet been processed, funds for the unavailable products will not be withdrawn. Please note that our acceptance of your order is subject to the availability of products at the time of confirmation and does not guarantee future availability.
Purchases
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
We deliver to the United Kingdom only.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that CLASSAQUA LIMITED is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that CLASSAQUA LIMITED cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.
Please note that we cannot be held responsible for any delays, losses, or damages that may occur during delivery or as a result of any tradesmen or day rates associated with our products or services. As a result, we cannot offer any compensation or refunds for problems that may arise during the delivery process or as a result of tradesmen or day rates. By purchasing our products or services, you agree to release us from any liability related to delivery, tradesmen, or day rates and to hold us harmless for any losses or damages that may occur. We strongly recommend that you conduct your own due diligence and research before engaging any tradesmen or day rates associated with our products or services.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply. The terms and conditions of any other "Promotions" are independent of this agreement.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of CLASSAQUA LIMITED and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of CLASSAQUA LIMITED.
Links To Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by CLASSAQUA LIMITED.
CLASSAQUA LIMITED has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that CLASSAQUA LIMITED shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will cease immediately.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless CLASSAQUA LIMITED and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall CLASSAQUA LIMITED, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
CLASSAQUA LIMITED its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will CLASSAQUA LIMITED ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by CLASSAQUA LIMITED or any person for whom CLASSAQUA LIMITED is responsible, and even if CLASSAQUA LIMITED has been advised of the possibility of such loss or damage being incurred.
Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Privacy Policy and Cookie Policy
Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.
Re-Delivery Charge
In the event of multiple unsuccessful delivery attempts by the carrier or a failure on the part of the buyer to adhere to the previously agreed upon delivery schedule, CLASSAQUA LIMITED shall reserve the right to impose additional charges to the buyer for any additional costs incurred by CLASSAQUA LIMITED as a result of such failed delivery.
Contact Us
If you have any questions about these Terms, please contact us
Order confirmation
When we receive your order, we provide you with a confirmation to your email. In addition, when you receive your order confirmation we have pre-authorised your payment method. We check with our warehouse or suppliers to make sure that your order can be fulfilled. When we are informed that an order can be fulfilled, or you inform us that you are willing to wait and/or place an order on back order, we process the charges.
Estimated Delivery dates
This date is an approximation and whilst we do everything we can to make sure your order gets to you when promised, sometimes things happen that are outside of our control which may cause the delivery date to change.
How will my order be delivered?
All orders will be delivered using the fastest, safest, and most reliable methods. Once we process your payment, we aim to despatch your items within the delivery time frame stated on the product page unless agreed otherwise. The warehouse or supplier will choose the most suitable delivery method and courier after you order. It is not possible to choose a courier or delivery method yourself.
There may be additional charges if we have to re-arrange a delivery date after we have confirmed a delivery date with yourself and the courier.
Where does Twilight Gardens deliver?
We deliver anywhere in the UK (United Kingdom)
Please be advised that, due to the associated expenses, we are only able to provide shipping services to mainland United Kingdom.
There may be additional charges for the 'offshore domestic regions' and ‘Scottish Highlands’: Channel Islands, Isle of Wight, Isle of Man, Scilly Isles, Scottish Highlands, Scottish Islands and Northern Ireland.
If your address is outside of the UK mainland please contact for a delivery quote, either by email support@twilightgardens.co.uk or by phone 0330 043 0631
Access
It is imperative that we are made aware of any locations that may present challenges for large vehicles to access. Should such access difficulties exist, kindly inform us prior to placing your order and we will respond accordingly. Failure to provide this information may result in additional charges for which CLASSAQUA LIMITED will not be held liable.
Right to Cancel
You have the right to cancel this contract within 14 days without giving any reason, unless this is a custom item. All custom made orders can not be cancelled once work has started on the order. If the order is cancelled after this time, and we have started to process the order, we will charge the customer any parts/shipping cost incurred as well as £35 administration fee. The cancellation period will expire after 14 days from the day on which you, or a third party other than the carrier and indicated by you acquires, takes physical possession of the goods. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement by email to support@twilightgardens.co.uk
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Once the right to cancel period has expired we may still accept returns, although additional charges will be applicable. However, these regulations do not restrict the statutory right to cancel and do not apply during the 14 days cancellation period.
The 14 day cooling off period does not apply to hazardous goods, flammable liquids or gas appliances if used. This is covered in standard UK terms and conditions under consumer contracts regulations 2014.
Effects of Cancellation
If you cancel this contract during the 14 day cancellation period, we will reimburse all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than –
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
To Return a Product To Us
Please make sure that the product was received by you in the last 14 days.
Send an email to support@twilightgardens.co.uk
- Goods must to be in their original packaging
- A registered carrier must be used and the item must be tracked.
- Please track your item and notify us by Email to support@twilightgardens.co.uk once it has arrived.
- We will need proof of delivery.
Your email should have the following information so that we can process a return.
- Your name
- Order reference number
- Your Address
- Email address
- Contact number
- Date of purchase
- Date the goods were received by you
- If you originally ordered multiple items, which do you want to return.
When we approve a return, please send the product along with a note indicating whether you want to exchange the product (and if so, what other product you want to order) or a refund.
Please contact us for an address, do not send any item(s) to our office address.
Cancellations:
In the event of cancellation of an order by the buyer after the goods have been collected by the couriers, the buyer shall be liable for any and all return shipping charges incurred.
Sending A Return Back To Us
Some of our products may have delicate physical properties and the transportation of these items is a difficult business. If the item you wish to return has delicate physical properties please make sure that any courier used is aware that the contents of the shipment could contain delicate items. Also make sure that any courier shipment is fully insured to the value of the shipment (retail price).
Damaged Or Faulty Items Received By You
We reserve the right to remedy any defects or discrepancies, either through repair or replacement, at our discretion and as determined to be the most economically feasible solution.
Please inspect for damages or discrepancies when your item(s) arrive and before signing for delivery. If you received a damaged or faulty product, or a product with parts missing, please notify us within 48 hours for assistance.
Refunds will be made when items have been received back and inspected.
All these conditions are in full accordance with the Consumer Protection (Distance Selling) Regulations 2000. For more information visit www.opsi.gov.uk/si/si2000/20002334.htm (UK ONLY).
Sale items can be refunded.
If you have any questions about our Returns and Refunds Policy, please contact us:
- By email:support@twilightgardens.co.uk