Terms & Conditions

1. Introduction 

These terms and conditions, the “Terms”, are the terms on which our Website (www.land-and-water.co.uk), the “Website”, is made available to you. These Terms apply to you (“You”/”Your”). You are an individual who is not acting as a commercial entity, for the purchase of land&water’s products, the “Products”, on this Website.
 
By using or accessing our Website, You acknowledge that You have read and accepted these Terms as they apply to Your use of or access to our Website. You agree to be legally bound by these Terms.
 
In these Terms, land&water means the trademarked brand, land&water, wholly owned by Watergate Bay Hotel Ltd, a company registered in England and Wales under registration number 3709185 whose registered address is On the Beach, Watergate Bay, Cornwall TR8 4AA. Our VAT number is GB 133 2333 13.
 
If You do not wish to be bound by these Terms then please refrain from using our Website.
 
Any products which are available for You to purchase on or via our Website are subject to additional terms and conditions which will be notified to You when You follow the ordering procedures as set out on the relevant Website pages.
 
land&water has the right to amend these Terms from time to time to comply with law and to meet its changing business requirements. Any amendments to the Terms will apply to any order registered after the amended Terms come into effect and are posted on the Website. If You have any questions, comments or complaints as regards to ordering or buying products on this Website then please email us at hello@land-and-water.co.uk or write to us at land&water, Watergate Bay, Cornwall, TR8 4AA.

 

2. Purchasing products on our Website

Please follow the ordering procedure as set out on the relevant product and check out pages. We will acknowledge that we have received Your order by sending You an email to the email address that You have given us on ordering. Please note that this does not mean that Your order has been accepted.
 
We are entitled to refuse any order placed by You. We will notify You if we do not accept Your order, for example because Your selected product(s) are unavailable or payment is not authorised or You are placing a bulk order.
 
Once Your order is dispatched, we will send You a confirmation email. We will endeavour to fulfil Your order according to our Delivery & Returns Policy. A contract for the sale and purchase of the products will be in place once we send You a dispatch confirmation and the products have left our warehouse.
 
You must provide correct details to us when purchasing products on our Website. You confirm that the credit or debit card, or any electronic cash, which You use is Your own and that there are sufficient funds or credit facilities to cover the cost of any order. Before providing You with any products, we reserve the right to obtain validation of Your credit or debit card details from Your card issuer.
 
Occasionally, we will make promotional codes available. You may use one code per transaction. We will inform You of additional specific terms which apply to such promotional codes at the relevant time. We reserve the right to withdraw or change our promotions.
 
All items are subject to availability. We will inform You as soon as reasonably possible if the products You have ordered are not available. Products and packaging are subject to change or substitution without prior notice. Every reasonable effort will be made to dispatch the items specified.
 
The products will be at Your risk from the time of delivery. Ownership of the products passes to You on delivery as long as full payment has been received.
 
In purchasing or using our products You agree that You do not acquire any rights of use to our trademark. Any unauthorised use of our trademarks for distribution or resale of our products is forbidden.

 

3. Price and Payment

    We will display details of the prices for our products and the procedures for payment and delivery on our Website. You must pay for the products by credit card, debit card or Paypal at the time of the order, at which time You will be notified of the current price.
     
    The price of any product is in pounds sterling and includes VAT but excludes delivery costs which will then be added to the total amount due as set out in our Delivery & Returns Policy. If You live outside of the UK You are responsible for local import taxes and duties.

     
    Prices are liable to change at any time and we reserve the right to withdraw or change product offers at all times.
     
    The Website contains a number of products and it is always possible that, despite our best efforts, some of the products listed on the Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price we will charge the lower amount when dispatching the product to You. If a product’s correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact You for instructions before dispatching the product, or reject Your order and notify You of such rejection.
     
    We are under no obligation to provide the product to You at the incorrect (lower) price, even after we have sent You a dispatch confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by You as mis-pricing.
     
    We can only accept payment in Pounds Sterling. All prices are inclusive of VAT (where applicable). If a product contains some zero rated goods the consolidated VAT rate is then reduced accordingly. We reserve the right to amend prices subject to change in the rate of duty. The total cost of Your order is the price of the products including delivery charges.
     
    In the unlikely event that Your payment card is used fraudulently to make a purchase with land&water, You, the consumer are entitled to cancel the said payment.

     

    4. Cancelling Your order

    If for any reason You are not entirely satisfied with Your order, You may cancel Your contract and return any product in its original condition for a full refund. You must follow the points below:

    • Inform land&water of Your decision to cancel Your contract no later than 14 working days after the day on which you receive Your order.
    • Send land&water a clear statement with Your name, address, telephone number, email address and details of the order You wish to cancel.
    • Email us Your statement of cancellation at hello@land-and-water.co.uk or write to us at land&water, Watergate Bay, Cornwall, TR8 4AA
    • Ensure You return Your product(s) within 14 days of such cancellation.
    • The products must be returned unused, in their original, undamaged packaging.
    • You are responsible for the cost of return postage and we cannot be responsible for any items lost or damaged in transit. We recommend that the product(s) being returned be sent via insured, trackable delivery for Your protection.
    • We will reimburse the purchase price of the returned product(s) no later than 14 working days after the day we receive them back from You.
    • Any taxes or duties applicable in returns from outside the UK must be met by You.
    • We make a deduction from the reimbursement for loss in value of any product(s) supplied, if the loss is the result of unnecessary handling by You.
    • Refunds can only be credited back to the card that the product(s) were bought with. On return of a product(s) on which You have received a discount/offer, that discount/offer will no longer apply if You fall below the discount/offer threshold.
    • Claims for breakages or other damages must be made to land&water in writing or by email within 3 days of receipt. 
    The above process reflects Your statutory cancellation rights if You live in the European Union. Nothing in this section affects Your statutory rights if the product(s) are faulty or not as described.
     
    Please note that the cancellation rights referred to in this section do not apply in the following circumstances:
    • If the product(s) are personalised or bespoke;
    • If the product(s) were sealed for health protection or hygiene purposes, and these have been unsealed after You receive them; or
    • If You have not purchased the product(s) as a consumer

     

    5. Website modifications

    We reserve the right to alter, suspend or discontinue any aspect of our Website or the content, including Your access to it. Unless stated otherwise, any new features or alterations shall be subject to these Terms.
     
    We cannot guarantee that our Website will operate continuously or be error free. We do not accept liability for its unavailability.

     

    6. Use of this Website from outside the UK 

    Unless otherwise specified, the materials on this Website are directed solely at those who access this Website from the UK. Those who choose to access this Website from any site other than within the UK are responsible for compliance with local laws if, and to the extent, local laws are applicable.

     

    7. Your information

    Information provided by You in this Website will be automatically processed by land&water.
    Please read our Privacy Policy for further information on the processing of Your personal data.

     

    8. Security 

    You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to You or selected by You for use on our Website. You must not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our Website that comes to Your attention.

     

    9. Applicability of Online Materials 

    Unless stated otherwise, text on our Website is presented solely for Your private, personal and non-commercial use.

    We make no representations that the materials on our Website is appropriate or available for use in locations outside the UK.

     

    10. Copyright

    Use of our Website and contents grants no rights to You in relation to our intellectual property rights including, without limitation; trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in our Website and its contents. You may use our Website and its contents only as expressly authorised by us.
     

    11. Prohibited uses 

    In addition to other prohibitions as set forth in the Terms, You are prohibited from using the Website or its content:
    • For any unlawful purpose
    • To solicit others to perform or participate in any unlawful acts
    • To infringe upon or violate our intellectual property rights or the intellectual property rights of others
    • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
    • To submit false or misleading information
    • To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of land&water or of any related website, other websites, or the internet
    • To collect or track the personal information of others
    • To spam phish, pharm, pretext, spider, crawl or scrape
    • For any obscene or immoral purpose
    • To interfere with or circumvent the security features of our Website or any related Website

     
    We reserve the right to limit or terminate Your access to our Website at any time without notice at our discretion if we have reasonable grounds to believe You have breached any of the restrictions above.
     
    You agree to compensate us for any damage claims (including legal fees incurred during the process of such damage claims) made by a third party in relation to or as a result of Your use of our Website including any breach or suspected breach of these Terms or Your violation of a law or the rights of a third party.
     

    12. Your content 

    If, at our request, You send certain specific submissions (for example competition entries) or without a request from us You send creative comments, You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You send us.
     
    You confirm that You have the right to submit any content submitted to or posted on the Website and have obtained all necessary licences, consents and/or approvals for us to use the content.

     

    13. Linking to our Website

    You may establish links to our Website provided You have prior written authorisation to do so. You will immediately stop providing links to our Website if notified by us.

     

    14. Links to other websites and services

    Our Website may contain links to other websites which are not under the control of and are not maintained by us. These links are provided for Your convenience only and we are not responsible for the content of those sites.

     

    15. Cookies 

    As a result of viewing this Website we may log certain information about You by using ‘cookies’ or similar file which may help land&water to improve the content of the Website or to improve the matching of users’ interests or preferences. For more information please refer to our Cookie Policy.

     

    16. Liability

    The entire liability of land&water under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.

    We are not responsible for indirect losses which happen as a side effect of the main loss or damage.

    All content and services on our Website are provided on an ‘as is’ and ‘as available’ basis. We do not make any representation or give any warranty in respect of our Website or its content.

     

    17. User’s responsibilities

      You are responsible for ensuring that Your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy Your particular requirements for the accuracy of data input and output.

       

      18. General

        We may change or withdraw any part of our Website, or may refuse You access to the Website at any time if we consider it necessary.

        In the event of any dispute between You and us concerning these Terms, English law will apply.

        These Terms replace all other terms previously applicable to the use of our Website.