Brit Ponds LLP Terms & Conditions of Business

Product Returns & Refunds and Special Orders

1. For purchases of product delivered direct to your home, if you are not 100% satisfied with your purchase of product items, you can return the product and request a full refund or exchange to an equal product value, whether a similar item or not. Returns & exchanges can be made up to 14 days from the date of purchase only, after which full refund requests may not be accepted.

2. Delivery and packaging fees on purchases are included, however the delivery cost of returned items is borne by the customer.

3. A delivery and packaging fee will be charged for exchanged items and invoiced accordingly.

4. Refunds will be processed once we have received returned items back in a saleable condition, in its original undamaged packaging, with any tags and leaflets attached, and provided goods have not been used or installed.

5. Special Orders. Items ordered with us on Special Purchase, including special orders for plants, trees and other garden items as required by the water feature design scheme as part of your project, are done so on a NO RETURN basis. An exchange may be possible subject to the specialist supplier’s own terms and conditions of business. Please notify us in writing if you wish to exchange a Special Order.

Cancellation Policies

Customer Site Visit Cancellation Policy

6 (a) Customer Site Visit Cancellation Policy. A full refund of the fee is given on receipt of 48 hours advance notice of cancellation of your scheduled appointment in writing.

6(b) If less than 48 hour notice of cancellation is given in writing the consult fee paid in advance becomes non-refundable.

6(c) You can contact us by email at hello@britponds.com or by text on 07498 340667. If you wish to make an alternative date arrangement for the appointment please let us know and we will do our best to accommodate.

Garden Water Feature Project – Cancellation Policy

6.(d) If you change your mind about proceeding with your water feature project, and wish to cancel, notice of project cancellation should be made to us in writing to us as soon as possible please after booking in and deposit paid.

6(e) In any event, not less than 14 days notice of cancellation in writing must be given before the agreed start date of project works to remove your project from our scheduling.

6(f) Contact us at hello@britponds.com or by What’s App on 07498 340667 for all cancellations of booked water feature projects.

Cancellation charges policy

7 (a). Receipt of your project deposit monies confirms your agreement for us to purchase materials for your water feature project on your behalf in readiness for your project to start. Any expenditure on buying materials for your project following receipt of deposit monies is non-refundable in the event of subsequent customer cancellation. You may opt to take delivery of the materials purchased on your behalf if you wish, following cancellation, subject to a charge for delivery expenses to your address. Any remaining balance of deposit funds after materials purchased and delivery expenses is refunded to the customer if notice is received in writing and acknowledged within the 14 day cancellation period.

7 (b). Notice of Cancellation in writing AFTER 14 days of booking in and deposit paid will incur an additional cancellation charge of 20% of deposit funds received to cover business administration and handling costs. This charge is raised in addition to non- refundable materials purchased costs as set out above in clause 7.

7 (c ) Any remaining balance of deposit funds is refunded to the customer.

Brit Ponds 12 Month Guarantee

8 (a) Our 12-month Brit Ponds LLP Guarantee Policy for new ecosystem water feature installations designed and created by us is referenced in your customer paperwork and on our website. Your Guarantee becomes operable on receipt of payment in full of the balance of the project invoice and runs for 12 months from that date. A personalised Guarantee document will be provided. It covers new water feature installations designed & created by Brit Ponds LLP only. It does not extend to maintenance or repairs of pre-existing ponds or water features created by third parties, or to existing excavations prepared by another contractor.

8(b) Our Guarantee includes up to 2 further call outs to visit your new ecosystem water feature on a no-charge basis if issues arise on notice to us during the first 12 months after installation.

8( c) Any additional call outs further to this become chargeable at our standard rates and are invoiced accordingly.

8(d) Aquascape Inc. offer a warranty for their products used on your Brit Ponds LLP water feature (e.g. pumps) which can be extended on customer’s own registration of their product with Aquascape Inc. See aquascapeinc.com for more information.

Brit Ponds Guarantee Extension

9 (a). Our 12 month Guarantee Policy for new ecosystem pond & water feature installations designed & created by us is extended – at our discretion – on customer purchase of one of our Annual Maintenance Packages for the duration of the maintenance package purchased i.e a further 12 months from the date of the maintenance carried out.

9 (b) Our Brit Ponds Guarantee expires once the timeframe for the maintenance package purchased ends.

9 (c) All further call outs to the water feature after expiration of the Brit Ponds Guarantee become fully chargeable and are invoiced at our standard rates.

Exclusions to Brit Ponds LLP Guarantee

10 (a) Our Brit Ponds LLP Guarantee does not cover, and specifically excludes, issues arising following works done to your water feature by:-

(i) Any Third Party Contractors or other persons not recommended or authorised by Brit Ponds LLP including any Third Party Contractors not trained and professionally qualified to work upon Aquascape Inc. CAC ecosystem water features or otherwise howsoever.
(ii) The moving of rocks or material disturbance of the water feature components by Third Party Contractors or Others after the completion of project works. This includes the drilling of rocks by other Third Party Contractors, the addition of pond netting by Third Party Contractors including the piercing of the pond liner, the addition or removal of any components of the Brit Ponds water feature and any other 3 tampering or amendment to the water feature by Third Party contractors or Others without our knowledge or consent.
(iii) Pest infestation or acts of nature after the completion of project works.
(iv) Natural ground settlement resulting in low edges.
(v) The effects of pond treatments added by other Third Party Contractors or any other Advisors.

10 (b) Works to remedy issues arising under these excluded circumstances will incur a call out charge for materials and labour along with any plant hire charges for plant needed on site to investigate and remedy damage caused by Third Party Contractors or Others at our standard rates and will be invoiced accordingly and payable on receipt in full.

10(c ) We reserve the right to charge for additional product required beyond that originally supplied & installed as part of your project. The supply of ‘Pond Maintain’ beyond your Annual Pond Maintenance is chargeable and invoiced in advance.

10 (d) We reserve the right to cancel any Brit Ponds 12 Month Guarantee at our discretion and upon notice in writing to the Customer.

Complaints

11 (a) If you are unsatisfied about your project works any Customer complaints should be directed to our Founders Daniel Windley and/or Sarah Windley, in the first instance for reasonable resolution. Complaints should be notified to us in person at the time that the complaint arises if you are dissatisfied with our services, and subsequently by email please within 7 days of your complaint arising.

11 (b) Please notify us of your complaint by email at hello@britponds.com. We will do our best to reasonably resolve your concerns directly.

11 (c) If you are unsatisfied with the outcome of your complaint you may contact the UK Aquascape Inc. Manager for further investigation in writing at thutchins@aquascapeinc.com.

11 (d) Our preferred method of dispute resolution is by way of Mediation conducted by a Certified Mediator at a neutral venue with the costs of Mediation borne equally by the parties.

11 (e) Your customer consumer rights under the laws of England & Wales are not affected.

Google 5 Star Customer Reviews

12. Google Business Customer 5 Star Reviews are genuine reviews by verifiable Brit Ponds LLP customers. If you would like a personal reference following a Customer Site Consultation, please ask us and we will direct you to one of our Customers for taking references about our services in private.

Payment Terms for Services & Product and Customer Site Consultations

13. (a) Payment terms are referenced in our FAQ section of our website. Preferred payment is by online bank transfer with details set out on our Invoices.

13. (b) We do not accept cheques or cash as methods of payment.

13. (c) Value Added Tax. VAT is payable on ALL submitted invoices at the current VAT rate. Please note that as a VAT registered company we DO NOT accept offers of cash payment without VAT for our goods & services.

13 (d). Prices for products and services on our website are for ecosystem water feature projects within a 25 mile radius of our Berkhamsted HQ. Customer sites further afield will incur additional costs/expenses and are subject to POA according to location and current market cost of materials and expenses (e.g fuel) at the time.

13 (e). Customer Site Consultations further afield than a 25 mile radius are priced on a case by case basis and agreed with you for payment in advance of scheduled appointment. They cover our professional consultation services in:

(i) attendance at your property at a time to suit by prior appointment with you and/or your appointed agent (i.e. Garden Designer/Landscaper etc)
(ii) professional advice on your existing and/or proposed ecosystem water feature
(iii) proposals for the design & creation of your proposed project, to include as required illustrative design drawings prepared by hand by Daniel Windley and details of your project costings
(iv) any additional recommendations arising on inspection, plus expenses.

13 (f). Customer Site Consultation fees & expenses paid, for a period of 12 months from the date of payment, are non-refundable if you decide not to go ahead with a Brit Ponds project following your consultation appointment and the consultation services have been provided.

Retention of Title, Overdue Invoices and Debt Recovery

14 (a). Retention of title of goods supplied /installed by Brit Ponds LLP to customers as part of customer project works will remain with Brit Ponds LLP until all project invoices are paid in full.

14 (b). Project Debt. In the event of late or non-payment of project invoices submitted for our work done pursuant to our Ecosystem Water Feature Agreement with you on your project, we reserve the right to charge interest on the debt at 5% per day on outstanding invoiced amounts overdue.

14 (c). Debt Recovery. We reserve the right to pass overdue invoice debts for any Brit Ponds customer project works – without notice -onto our professional Debt Recovery Agents for resolution in the event that our invoices remain unpaid.

Remedial works to garden

15 (a) The nature of our work means that the ground /lawns in customer gardens may sometimes be affected for the duration of the project whilst groundworks / plant machinery / pond or water feature installation is underway. We take reasonable care to keep this to a minimum by use of protective boarding / protective measures as discussed and agreed with you and by tracking plant in the same direction, but sometimes damage to lawns can occur as part of the process especially in wet or inclement conditions. If grass/garden lawns are damaged beyond repair in the area that we are working, and new top soil/grass may be needed to rectify this, then replacement lawn/grass seed will incur additional cost beyond the scope of the project costings.

15 (b) The additional cost for any remedial works will be notified to the customer in advance before being invoiced for payment in advance and remedial works being undertaken at the conclusion of the project.

Our Professional Accreditations & Data Protection

16 (a) Brit Ponds LLP is a Multi Award Winning and Master Certified Aquascape Contractor. We are Professionally trained and annually certified to industry leading US Aquascape Inc. Product & Customer Service Standards in the US and the UK.

16 (b) Our Industry Professional Certification, qualifications and training is ongoing with Aquascape Inc. in the USA. Our Professional Certification credentials to Master CAC status and our Awards can be inspected at our Berkhamsted HQ by appointment.

16 (c) We may be required to submit details of our Customer project works to Aquascape Inc. for the purposes of inspection for compliance with our annual professional accreditation and recertification purposes only. All information submitted about our customer projects will be done on an Anonymous basis to preserve Customer privacy in accordance with UK GDPR Regulations. Brit Ponds LLP is registered with the Information Commissioners Office. Our Privacy Policy is published on this website.

17. We reserve the right to pass on annual increases in prices according to inflation and annual price increases by our suppliers.

18. Brit Ponds LLP is insured for Public Liability.

19. Brit Ponds LLP is a VAT registered company 398759215.

20. All legal rights, including all Intellectual Property Rights, are fully reserved.

21. This and your Customer paperwork to include your Ecosystem Water Feature Agreement and Customer Guarantee is the entire agreement between the parties.

22. Governed by the Laws of England & Wales.