Please read these terms and conditions carefully, they will be applied to all orders undertaken through the dryspell.co.uk website.

In these terms of sale, “we” means Dryspell Irrigation Irrigation Ltd (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

ORDER PROCESS

Your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps:

1. you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;
2. You will be transferred to the Paypal website, and Paypal will handle your payment;
3. we will then display a page confirming receipt of your order and send you an initial acknowledgement; and
4. we will send you an order confirmation (at which point your order will become a binding contract).

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your order on the Review & Payment page. You may correct those input errors before placing your order.

PRICES AND PAYMENT

Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated.

In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.

Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

Payment for all products must be made via paypal, either through an existing account, or via a credit or debit card.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

If you dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back:

1. an amount equal to the amount of the charge-back;
2. all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
3. an administration fee of GBP50 (including VAT); and
4. all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).

Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.

For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.

WARRANTY

You warrant to us that:

• (a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
• (b) the information provided in your order is accurate and complete; and
• (c) you will be able to accept delivery of the products.

DELIVERY

We offer delivery to all UK mainland addresses with the following price structure in place:

• Our Delivery Costs Range From £7.50 – £15.00 Depending On Weight & Size of Order
• This excludes the Scottish highlands and islands, Northern Ireland, Isle of White, Isle of Man and the Channel Islands. Our standard delivery is an overnight, next working day service (excluding weekends and public holidays).

RISK AND OWNERSHIP

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:

• (a) delivery of the products; and
• (b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).

Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee.

We will be entitled to recover payment for the products even where ownership has not passed to you.

RETURNS

Any products that you may feel are unsuitable or incorrect may be returned to us providing that you have spoken to us and it is agreed by both parties. Then and only then, may the return be issued under the following terms:

• (a) the goods remain ‘as sold’ and are therefore undamaged and in a re-sellable condition
• (b) Garden Watering UK are in agreement that the goods may be returned
• (c) you accept full responsibilities for the return of the goods, including postage and packaging

Once these terms have been met, a refund will be issued to you for the full cost of the goods, but not for the carriage.

FORCE MAJEURE

In this Section a “force majeure event” means:

• (a) any event which is beyond our reasonable control;
• (b) the unavailability of raw materials, components or products; and/or
• (c) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.

We will take reasonable steps to mitigate the effects of the any force majeure event.

GENERAL TERMS

We will treat all your personal information that we collect in connection with your order under the strictest privacy.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.