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Garden software and programs
Garden Design Pro resources
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About Us
Garden Design Pro 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.GARDENDESIGNPRO.CO.UK
These Terms & Conditions govern the use of the Garden Design Pro service and all it's websites and databases, (The "Website") and any 3D garden models, software plugins, advice documents, downloads or packs of downloads/documents (The "Products") and all other content, information or guides located on The Website (or Products 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 Website is an online solution for designing gardens and for downloading or purchasing individual 3D garden models, software, software plugins, advice documents and document/download packs.
Customer Information
Customers should ensure all information they provide is correct before payment or applying for Products.
Customer Complaints
Applegate Gardens endeavours to respond to complaints within 5 working days.
Copyright & Licence
The purchase or downloading of Products gives the Customer a licence to use the Website and Products, documents and information contained therein for the period of the licence, subject to limitations described in these terms and conditions. The Website and Products are and remain the copyright of Applegate Gardens. Furthermore the copyright notice and document reference details on each Product shall not be removed or altered in anyway by the Customer. Customers may not re-sell, re-publish, copy or distribute any Applegate Gardens Products 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 Products for their personal use or their clients personal use only. Customers may not share any unique username or password they may be given to access the Website and Products or updates to the Products with any third party. Website and Products are expressly for the use of Garden design Pro customers only. 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 Website and Products 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 Website and Products 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@gardendesignpro.co.uk immediately. Applegate Gardens will not issue any refunds either in full or part where access to the Products is withdrawn due to a breach or suspected breach of these Terms & Conditions by the Customer.
Liability
Applegate Gardens tries to ensure that all Products or information contained within the Websites, the Products or any other version of the Website 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 Website, the Products or any other part of The Website or where the Customer decides to act or not to act based upon the information contained within the Website or Products. Neither the contents of the Website, Products or any other part of The Website constitute individual advice. All of our services should be used in conjunction with proper advice where required.
Access to The Website
Applegate Gardens takes all reasonable steps to ensure that both The Website is 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 Garden Design Pro 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 Website 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 Website.
Alteration of Terms & Conditions
Applegate Gardens is free to alter or revise The Website at any time and without the requirement to notify users.
Acceptance
Your use of The Website 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 Website is 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.
We accept credit and debit card payments in Sterling, US Dollars and Euro's. If you are shopping from Europe or anywhere else, place your order and your credit card company will convert the transaction to US Dollars, Euros or your own currency. We accept Visa and Mastercard. We do not charge for any item until it is ready to ship. Backordered items are not charged until they are shipped. You may send your credit card information via phone, fax, snail mail or over the Internet.
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 an 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. |
Credit Card Security
Verification of credit or debit cards is carried out by WorldPay, the UK's leading provider of secure online card processing. WorldPay are authorised by all major banks in the U.K. to carry out the processing of credit and debit card transactions. Your card details are sent in an encrypted form using industry standard 128-bit encryption. 128-bit encryption is the strongest commercially available encryption system on the internet.
Applegate Gardens Ltd. does not have access to your card details, these are passed directly from WorldPay in an encrypted form to your bank over a secure link. We (like you) receive a transaction receipt as proof of your purchase. This means that you can be sure that your card details never leave this secure environment.
To check that any card payment page is secure look for the following in your browser:
1. The website address begins with "https" rather than "http".
2. A picture of a locked padlock or a complete key, will appear at the bottom of your browser window.
Applegate Gardens Ltd. does not accept payment by standard email, telephone or fax, as these methods are less secure than the security provided by WorldPay. |
Guarantee
We have provided a selection of Products 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 Products.
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 Products 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 Products are for UK mainland supplied products, which may not supply to customers from outside the UK mainland. All images in Products 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 Products 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 Products is basic guidance only - more specific advice should be sought for your individual garden and planting conditions.
Whilst we may give general advice as to how the Products 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.
Applegate Gardens cannot be held responsible for discontinued or out of stock items which are recommended within these Products, or for inaccuracies in product information given to us by suppliers. All dimensions must be confirmed on site by you before you calculate your material quantities or any construction is carried out. Material Lists and Planting Lists within all Products 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 Products you use in your design or which may require the use of particular building techniques or processes. Products are not modelled to scale.
Applegate Gardens play no part in an agreement entered into between you the customer or 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 solution and it's suitability for business or personal use by Garden Design Pro customers - who are given free access to download and use it. Our solution is based on a proprietary, licensed software available elsewhere, which we can supply free and cost versions. Applegate Gardens do not make any guarantee's on the future suitability of our solution, with any future upgrades or updates of this proprietary, licensed software. We do not offer support for this software, you must use the software manufacturers existing support facilities.
All Garden Design Pro Products contain a unique, embedded copyright identifyer - linked to the original purchasing/downloading customer. Customers found to be re-selling, re-publishing, copying or distributing any Applegate Gardens Products will be prosecuted for copyright theft in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. |
Reaching Us
If you need to reach us, email us using the online form on the Contact Us page 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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