Water Features - Terms and Conditions
Last updated: 20 March 2023
These Terms and Conditions apply to all transactions on this site. Please read them carefully. They do not affect your statutory rights.
In these Terms and Conditions:
“WF2GO” means waterfeatures a trading name of diy2go Limited a company registered in England and Wales number 5050601, VAT number 843 0826 34
“Order” means a request from a customer to buy a product(s) from WF2GO
“Product” means a water feature or other item sold through this web site
We may change these Terms and Conditions at any time. Any changes will take effect on the date they are posted on to the site (see date above). You will be asked to confirm you have read and accept the Terms and Conditions each time you place an order on-line to ensure that you are familiar with the most current ones. If you order by telephone you will also be subject to the Terms and Conditions displayed on the web site at that date.
Our Contract
You will have an opportunity to check and correct any input errors in your order up until you click the Submit Order button. When you submit an Order on-line your Order will be automatically processed for payment and we will send a receipt by email as acknowledgement that you have submitted an Order. However we may subsequently decline all or any part of your Order for any reason, in which case we will inform you as soon as possible. Acceptance of your Order or part thereof will be signified by dispatch of the Products ordered. No contract will exist between you and WF2GO for the sale of Products by us to you until we dispatch the Products ordered. Dispatch of the Product(s) ordered or part thereof signifies our acceptance of your Order and creates a legally binding contract between us. For the avoidance of doubt, if no Products have been dispatched then no contract exists between us. This contract is to be interpreted and enforced within the laws of England, in its entirety and will be subject to the non-exclusive jurisdiction of the English courts. For the avoidance of doubt, any such contract will be deemed to have been concluded in England. We do not accept amendments to these terms and conditions.
Prices and Payment
All prices and charges on this site are in UK pounds. They include any VAT payable, and also include standard delivery charges for most addresses on mainland UK. We will contact you if the actual delivery charges are different to those included in the price shown on the web site. Please telephone for delivery prices outside mainland UK and in the north of Scotland. Prices, offers and Products are subject to availability and may change before, but not after, we accept your Order. If something becomes unavailable we may offer you an alternative. We try very hard to ensure that all information on this site is accurate. However an error can occur. If we discover an error in the price or description of a product you have ordered, we may cancel your Order at any time up to the point we send you the Product(s). We will contact you where we become aware of an error and ask whether you wish to continue with your Order at the correct price or cancel it. If we do cancel your Order or do not accept your Order, you will receive a full refund of any charges paid in advance. We reserve the right to change prices without notice. All Orders for Products received before prices are changed will be fulfilled at the price when the Order was received by WF2GO, other than in the case were an error is discovered when we will contact you to ask whether you wish to continue with your Order at the correct price or cancel it. Payment methods are as detailed on the web site and include most major credit and debit cards. Payment must be made in full prior to the despatch of the Product ordered. We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method or suggest that you order over the telephone. Please Note, all imperial sizes shown on our website are for guidance only, and are rounded to the nearest inch from the metric sizes shown.
Availability and Delivery
Our Product availability information is updated regularly but it is possible that in some instances a product may become unavailable between updates. In such circumstances we will notify you as soon as possible and advise you of any suitable alternative products for you to consider. You do of course have the option of a full refund of any amounts you have paid in advance. Please note that estimated days for delivery shown on the web site are based on working days excluding Saturday, Sunday and Bank Holidays. Prior to delivery, you may be contacted to agree a convenient delivery day for all products other than those sent via standard letter post. Standard delivery times are between 8 am and 8 pm Monday to Friday. Premium delivery arrangements may be available at a small extra cost. These include prearranged am and pm deliveries and Saturday deliveries. If you are interested in a premium delivery service please contact us for details. We do everything we can to meet the delivery dates specified. However, these cannot be guaranteed as occasionally deliveries may be affected by factors beyond our control e.g. traffic problems and vehicle breakdowns. In such circumstances we will inform you as soon as we become aware of an unexpected delay. We ask that you provide a telephone number where you can be contacted on the day of delivery in case unforeseen problems arise. All deliveries with the exception of Products sent by standard letter post require a signature on the delivery note to accept delivery and confirm the Product has arrived in an undamaged condition, unless you the customer has requested that the product is left without signature. If you are not satisfied with the condition of the Product please advise the driver and refuse the delivery. If you sign for the Product the full shipment will be deemed to have been supplied in good condition and WF2GO will not accept any claim for shortages in delivery or obvious defects or damage to or breakages to the Products. If after agreeing a delivery date, we are unable to make the delivery due to the absence of someone to sign for the delivery you will be asked to pay any costs incurred to redeliver the products at a later time or date. Some of our Products are delivered direct from the supplier, subject to availability. Some are made to Order. Some can only be delivered to mainland UK addresses. If an item is being delivered on a pallet service then this will be to the kerbside delivery and drivers are not insured to bring the item onto the property. Drivers may, at their discretion, assist in getting the product as close as possible to the desired location.
Returns Policy
We are sure you will be delighted with your purchase. If however it is not exactly what you wanted then you have the right to cancel your order providing we are notified and the item is received back to us within 14 calendar days from receipt of goods. This does not include Products which have been personalised, business to business transactions or Products which were ordered to your specification. If you wish to cancel your order you must notify WF2GO at "support (at) waterfeatures.co.uk" requesting that you would like to return the product and ensure the item arrives back to us within 14 days of delivery. We will issue a returns number which must be clearly labelled on all returns. Please do not send back items without a returns number. Please do not write directly on the product packaging, as this may be classed as damage and invalidate your refund. Please only affix official carrier labels. In all cases, your product must be complete and in 'as new' condition. If you have opened the box to examine the Product you must have done so without damaging or marking the Product or packaging. The Product must not have been used or installed. It should be returned with the original box and packaging, along with any accessories and literature you received with it. You, the customer will be liable for return delivery charges. Our standard website prices include delivery within the price for orders over £50, otherwise a delivery charge applies. If you follow the above steps, we will issue you with a full refund for the cost of the Product and any standard delivery charge you may have paid to receive the product; next day, timed, Saturday or outside UK mainland additional delivery charges will not be refunded; you will be liable for return delivery charges. Refunds take up to 30 days to be credited to your payment card following receipt of the Product by WF2GO in ‘as new’ condition. All our Products have at least a one year manufacturer's warranty. Faults are very rare, but if you consider an item to be faulty please call or email us immediately. We may be able to help solve the problem over the phone. If the Product needs to be returned for inspection, please check with us how the item should be returned. In all cases we reserve the right to inspect the product and verify the fault. Faulty Products will be repaired or replaced. This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear. Please always follow the manufacturer’s installation and aftercare instructions, as not doing so will invalidate the warranty. This returns policy does not affect your legal rights.
Faulty Goods
Under the Consumer Rights Act 2015, a customer has an early right to reject goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund. This right is limited to 30 days from the date the customer took ownership of the goods. If an item is faulty and needs to be returned, the customer does not need to pay postage costs for the return of the faulty item. If a customer is asked to return an item that arrived damaged, not as described or faulty, the retailer should refund the total cost of the return.
Guarantee and warranty
A manufacturer's warranty covers all products that we supply. WF2GO warrants that the Goods will be of merchantable quality and reasonably fit for purpose for a period of 12 months from the date of delivery (excluding batteries) (some items have up to 3 year warranty which will be clearly marked on the product page) and WF2GO will at its option refund the purchase price of or repair or replace free of charge any Goods which its examination confirms are defective provided:
A) the Customer makes a full inspection of the Goods immediately upon delivery;
B) the Customer notifies WF2GO forthwith of any defects which it discovers;
C) the Customer has used the Goods in accordance with any instructions or recommendations of WF2GO;
D) the Goods have not been adjusted, altered, adapted or repaired by any party other than WF2GO;
E) the Goods are either made available to WF2GO for inspection or returned to WF2GO at the Customer’s own expense, as WF2GO may request.
F) In no circumstances shall WF2GO’s liability to the Customer for any breach of warranty exceed the price paid for the Goods with respect to which the claim is made.
G) WF2GO shall be under no liability in respect of any defect arising from any drawing, design or specification supplied by the Customer.
H) WF2GO shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, frost, negligence, lightning, the electrical supply, abnormal working conditions, or the introduction of any water additives or materials not supplied by WF2GO.
I) Except as provided for in these Conditions, there are no warranties, express or implied, of merchantability or of fitness for a particular purpose, or of any other kind except as to title. In particular, all conditions and warranties which would otherwise be implied by statute or under the common law are hereby excluded.
J) Paint peeling will occur if the fountain has been left outside in the frost and will not be covered by the warranty.
K) Parts broken off the main body of a water feature while in use are usually caused by bad weather conditions or external factors and are not covered by the warranty.
L) Flickering lights are caused by a build up of algae and lime scale on the connectors between the transformer and the lights. This is not covered under warranty.
M) Light bulbs are not covered by the warranty but can be purchased separately on the website.
N) Fountain covers can help to protect fountains from winter conditions but we do not guarantee it will protect the fountain from winter damage.
O) Batteries and transformers should be located in a sheltered or suitable area to avoid damage from extreme weather or flooding. These items are not covered under the warranty if they have not been protected from such conditions.
P) Please be aware that should you return your water feature pump or panel for inspection and it is found not be faulty the there is a £14.99 administration and shipping fee which must be paid before this can be returned to you so it is important that you check the item is actually defective before returning it. Please ensure you have studied the troubleshooting guide before you return an item.
In all cases, a warranty claim requires the customer to return / pay for the return of the item and we are committed to repairing, replacing or refunding the item and shipping it back to a UK address.
WF2GO reserve the right to charge delivery for items returned for testing under guarantee which subsequently after testing are found to operate correctly.
General
All rights, including copyright and database right, in WF2GO web sites and its contents, are owned by or licensed to WF2GO or its suppliers, or otherwise used by WF2GO as permitted by applicable law. In accessing the WF2GO web pages, you agree that you will access the contents solely for your own private use but not for any commercial or public use. You can download and use the service on a single CPU at a time and you can print out a single hard copy of any part of the content on the WF2GO websites for your personal use. Except as permitted above, you undertake not to copy, store in any medium (including in any other web site), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of WF2GO web site without the prior written permission of WF2GO or in accordance with the Copyright, Designs and Patents Act 1988. Except as specifically stated on this Web site, to the fullest extent permitted at law, neither WF2GO nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or Products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, WF2GO does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of WF2GO, its affiliates, directors, employees or other representatives. You may not create any link to this web site without our prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.
Items sold on this website are generally intended for normal domestic and consumer use and not for resale or commercial use. Please note that images displayed on our website are for illustration purposes only and colours may vary. Please also be aware that if for any reason we are unable to dispatch an item we reserve the right to refund you in full and this refund can take up to a maximum of 28 days. We reserve the right to refuse access to this website, to remove or edit content, or to refuse or cancel orders at our discretion. If we cancel an order, it will be without charge to you, and we will reimburse any payment made by you If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
Privacy
We are committed to protecting you privacy. We will only use the information that we collect about you lawfully, in accordance with the Data Protection Act 1998. Any information you provide is used by us to process your order and contact you should there be a problem. If you have agreed, we may occasionally e-mail you Special offers and News. You may opt out of this at any time you choose. We will never share your personal information with any other company or organisation.
Your Statutory Rights
All statements, guarantees or warranties in these terms are additional to, and do not alter or otherwise affect your statutory rights.
Complaints
We aim to provide the best possible service at all times. In the event or a query or complaint please contact us at "support (at)waterfeatures.o.uk". We will respond as soon as possible, usually within 48 hours to try to resolve the problem.
Lowest Prices Online Terms and Conditions
The two products must be identical and in stock
Price must include VAT and postage charges.
The product must be brand new, not returned stock or reconditioned.
We must be given sufficient information and time to verify the other price.
The price match product(s) cannot be from auction websites (ebay, Amazon etc)
We aim to have the most competitive prices online. Our team check prices daily and we work closely with supplier to get savings which can be passed onto you, the customer.
We reserve the right to refuse any price match requests that we are unable to comply with. Sales through any affiliate channel are exempt from our price guarantee
The above terms and conditions and for use on all consumer purchases. The following terms and conditions apply for business to business transactions.
BUSINESS TO BUSINESS TRANSACTIONS CONDITIONS OF SALE
1 Definitions
Business Customer means the person, firm or company placing an order with WF2GO.
Contract means the contract for the supply Goods formed by WF2GO’s acceptance (which, however made or communicated, shall be deemed made subject to these Conditions) of the Business Customer’s order.
Goods means all the goods or services which are the subject of the Business Customer’s order and which are to be supplied to the Business Customer by WF2GO subject to these Conditions of Sale.
2 Formation of Contract
2.1 All Goods sold by WF2GO are sold subject to these Conditions of Sale and these Conditions of Sale shall be the sole terms and conditions of any sale by WF2GO to the Business Customer. Terms and conditions on the Business Customers order form or other similar document shall not be binding on WF2GO and the placing of an order for or the acceptance of the Goods by the Business Customer shall indicate unqualified acceptance of these Conditions of Sale.
2.2 No representative, agent or sales person has the authority of WF2GO to vary, amend or waive any of these Conditions of Sale on behalf of WF2GO and no amendment or addition to any of these Conditions shall be deemed to have been accepted unless accepted in writing by WF2GO.
3 Quotations
The prices, quantities and delivery times stated in any quotation are not binding on WF2GO. They are commercial estimates only which WF2GO will make all reasonable efforts to achieve.
4 Specifications
All drawings, photographs, illustrations, dimensions, weights and other technical information and particulars of the Goods whether included in the WF2GO catalog, web site or otherwise are given by WF2GO in the belief that they are as accurate as reasonably possible but are not to be treated as binding or as forming part of the Contract.
5 Orders and delivery
5.1 Orders are accepted by WF2GO subject to the availability of Goods for delivery.
5.2 Delivery is deemed to be complete
5.2.1 In the case of transport arranged by WF2GO, at the moment of arrival of the Goods at the point of delivery and before the commencement of unloading
5.2.2 In the case of goods to be collected by the Business Customer or the Business Customers carrier, the earlier of the date notified to the Business Customer by WF2GO when the Goods are available for collection or the actual time and date when the Goods are loaded onto the Business Customers carrier
5.3 Times and dates named by WF2GO for delivery are intended as estimates only and whilst WF2GO will use all reasonable efforts to meet such delivery dates, it shall not be liable to the Business Customer for any loss or damage, whether direct, indirect or consequential if it is delayed or prevented, in whole or in part, from delivering the Goods, and the Business Customer will not be entitled to rescind the contract for late delivery whether or not such delay in delivery is caused by the fault of WF2GO
5.4 If the Business Customer refuses or fails to take delivery of the Goods on the date of delivery, WF2GO will be entitled at its discretion to store the Goods at the risk of the Business Customer and the Business Customer shall in addition to the price payable under clause 7 pay all costs and expenses of such storage and any additional costs of carriage incurred.
5.5 Unless otherwise agreed, delivery of Goods within mainland UK will be made at the cost of the Business Customer to the address specified in the Business Customer’s order by any method of transportation regarded as suitable by WF2GO at its discretion and delivery of Goods destined for export outside the UK will be as stated in the Contract.
5.6 The Business Customer shall provide at the address specified for delivery, and at its expense, adequate and appropriate equipment and manual labour for unloading the Goods.
5.7 The WF2GO reserves the right to deliver in installments at its discretion.
5.8 All Goods must be inspected by the Business Customer immediately on delivery. If any Goods are damaged or lost or if there has been short delivery, the Business Customer must endorse the consignment note accordingly and submit a detailed written claim to the carrier within 3 days of delivery of the Goods and supply a copy of such claim to WF2GO within 7 days of delivery of the Goods. The Business Customers signature on the consignment note without any such endorsement shall release WF2GO from any liability in respect of damage or loss in transit or short delivery.
6 Risk
Except as otherwise provided in these Conditions, the risk of loss or damage to the Goods shall pass to the Business Customer upon delivery of the Goods in accordance with clause 5
7 Price
7.1 The price payable for the Goods shall be as stated on the WF2GO price list or quotation relating to the Goods unless otherwise stipulated in writing by WF2GO but WF2GO reserves the right to alter its prices without prior notice to the Business Customer.
7.2 The price is exclusive of the cost of delivery in accordance with clause 5.2 and exclusive of Value Added Tax, customs duties and all other taxes, duties and expenses in respect of the Goods all of which shall be added to the price for the Business Customer’s account unless otherwise stipulated in writing by WF2GO.
8 Payment
8.1 payment is due prior to delivery and may be recovered by WF2GO whether or not actual delivery or collection of the Goods has occurred.
8.3 If payment is not made when due then WF2GO may, without prejudice to its other rights, charge interest at an annual rate of 4 per cent above the current base rate of Royal Bank of Scotland Plc to be calculated on a day to day basis on the balance outstanding until payment is made in full.
8.4 The Business Customer shall not purport to set off or withhold any payments claimed or due to WF2GO under this or any other contract.
9 Title and lien
9.1 WF2GO shall retain title to and ownership of the Goods until it has received payment in full of all sums due for all Goods supplied to the Business Customer. If payments received from the Business Customer are not stated to refer to a particular invoice WF2GO may appropriate such payments to any outstanding invoice.
9.2 If any of the Goods owned by WF2GO are attached to, mixed with or incorporated into any other goods not owned by WF2GO so that the Goods in question are not separate from the resulting composite or mixed goods, then immediately upon manufacture all such composite or mixed goods shall belong to WF2GO absolutely and not by way of charge until the Goods have been paid for in full or until WF2GO recovers possession of and resells sufficient of the composite or mixed goods to discharge the purchase price in full and WF2GO’s costs recovered, any excess to be accounted for to the Business Customer.
9.3 Until payment of the purchase price the Business Customer shall be the bailee of the Goods for WF2GO and the Goods shall be stored separately from any Goods which belong to the Business Customer or any third party, and shall be clearly marked and identifiable as being WF2GO’s property.
9.4 WF2GO hereby licences the Business Customer to sell, as WF2GO’s agent and bailee Goods which belong to WF2GO. All monies received from any such sale shall be held on trust to settle any sums due in respect thereof to WF2GO and pay any balance to the Business Customer. Such monies shall be placed to the credit of a separate fiduciary bank account which shall not be permitted to become overdrawn and shall not be released to the Business Customer until payment for the Goods has been received.
9.5 If the Business Customer fails to make any payment to WF2GO when due, compounds with its creditors, executes an assignment for the benefit of its creditors, has a bankruptcy order against it or, being a company, enters into voluntary or compulsory liquidation or has an administrator or administrative receiver or receiver appointed over all or part of its assets or takes or suffers any similar action in consequence of debt or becomes insolvent or if WF2GO has reasonable cause to believe that any of these events is likely to occur, WF2GO shall have the right, without prejudice to any other remedies:
9.5.1 to enter without prior notice any premises where Goods owned by it may be, and to repossess and dispose of any Goods owned by it so as to discharge any sums owed to it by the Business Customer under this or any other contract;
9.5.2 to require the Business Customer not to resell or part with possession of any Goods owned by WF2GO until the Business Customer has paid in full all sums owed by it to WF2GO under this or any other contract;
9.5.3 to withhold delivery of any undelivered Goods and stop any Goods in transit.
9.6 Unless WF2GO expressly elects otherwise, any contract between it and the Business Customer for the supply of Goods shall remain in existence notwithstanding any exercise by WF2GO of its rights under this clause 9.
9.7 The Goods shall, once the risk has passed to the Business Customer in accordance with clause 6 (Risk) or otherwise, be and remain at the Business Customer’s risk at all times unless and until WF2GO has retaken possession of them, and the Business Customer shall insure accordingly.
10 Warranty
10.1 WF2GO warrants that the Goods will be of merchantable quality and reasonably fit for purpose for a period of 12 months from the date of delivery and WF2GO will at its option refund the purchase price of or repair or replace free of charge any Goods which its examination confirms are defective provided:
10.1.1 the Business Customer makes a full inspection of the Goods immediately upon delivery;
10.1.2 the Business Customer notifies WF2GO forthwith of any defects which it discovers;
10.1.3 the Business Customer has used the Goods in accordance with any instructions or recommendations of WF2GO;
10.1.4 the Goods have not been adjusted, altered, adapted or repaired by any party other than WF2GO;
10.1.5 the Goods are either made available to WF2GO for inspection or returned to WF2GO at the Business Customer’s own expense, as WF2GO may request.
10.2 In no circumstances shall WF2GO’s liability to the Business Customer for any breach of warranty exceed the price paid for the Goods with respect to which the claim is made.
10.3 WF2GO shall be under no liability in respect of any defect arising from any drawing, design or specification supplied by the Business Customer.
10.4 WF2GO shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, frost, negligence, lightning, the electrical supply, abnormal working conditions, or the introduction of any water additives or materials not supplied by WF2GO.
10.5 Except as provided for in these Conditions, there are no warranties, express or implied, of merchantability or of fitness for a particular purpose, or of any other kind except as to title. In particular, all conditions and warranties which would otherwise be implied by statute or under the common law are hereby excluded.
11 Liability
11.1 WF2GO shall under no circumstances be liable for any indirect, special or consequential loss (including, without limitation, loss of anticipated profit, loss of business, depletion of goodwill and similar loss or third party claims) howsoever arising either from breach or non-performance of any of its obligations under the Contract or from the supply of or intended use of the Goods, even if WF2GO has been advised of the possibility of such potential loss, except that in the case of contracts which are not international supply contracts as defined in section 26 Unfair Contract Terms Act 1977 WF2GO shall be liable for loss arising from death or personal injury resulting from the proven negligence of WF2GO and except that nothing in these Conditions of Sale shall have the effect of excluding or limiting liability under the Consumer Protection Act 1987 to a person who has suffered damage caused by a defective product, or to a dependent or relative of such person.
11.2 The Business Customer shall fully indemnify WF2GO in respect of all actions, suits, claims, demands, costs, charges or expenses arising from damage to or destruction of property, personal injury or death whether caused by the negligence of WF2GO, its servants, agents or subcontractors in executing the Contract or howsoever caused, provided that in the case of contracts which are not international supply contracts (as defined above) the Business Customer shall not be liable to indemnify WF2GO in respect of any action, suit, claim, demand, cost, charge or expense arising from personal injury or death caused by the proven negligence of WF2GO.
11.3 All recommendations and advice given by or on behalf of WF2GO to the Business Customer as to methods of storing, using or applying the Goods, the purposes for which the Goods may be applied are given without liability on the part of WF2GO.
11.4 WF2GO makes no representation or warranty that use of the Goods does not infringe the rights of any third party and WF2GO accepts no liability in this respect.
11.5 Nothing in these Conditions excludes or limits the liability of WF2GO for any matter which it would be illegal for WF2GO to exclude or attempt to exclude its liability or for fraud or fraudulent misrepresentation.
12 Regulations and labelling
The Business Customer shall be responsible for compliance with all relevant laws and regulations and for obtaining and maintaining at its expense any necessary import or export licences, customs clearance, exchange control consent or other authorisations and permits whatsoever and the Business Customer shall ensure that the Goods are at all times labelled in such a way as to ensure the safety which a person is entitled to expect from the Goods.
13 Termination
Should the Business Customer make default in any payment or otherwise be in breach of its obligations to WF2GO under the Contract or under any other contract with WF2GO, or compound with or execute an assignment for the benefit of its creditors or commit any act of bankruptcy or being a company enter into voluntary or compulsory liquidation or suffer a receiver or administrative receiver or administrator to be appointed over all or any part of its assets or take or suffer any similar action in consequence of debt or become insolvent or should WF2GO have reasonable cause to believe that any of these events is likely to occur, WF2GO may, by notice in writing to the Business Customer, without prejudice to any other rights, forthwith suspend or cancel any uncompleted part of the Contract or stop any Goods in transit or require payment in advance or satisfactory security for further deliveries under the Contract.
14 Assignment
14.1 The Business Customer shall not be entitled to assign, transfer or otherwise dispose the Contract or any part of it without the prior written consent of WF2GO.
14.2 References in these Conditions to a party shall, except where the context requires otherwise, include its successors in title and permitted assigns.
14.3 Unless the Contract expressly states otherwise:
14.3.1 a person who is not a party to the Contract has no right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999; and
14.3.2 if a person who is not a party to the Contract is stated to have the right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999, the parties may rescind or vary the Contract (and any documents entered into pursuant to or in connection with it) without the consent of that person.
15 Force majeure
WF2GO shall not be liable to the Business Customer for any loss or damage caused to or suffered by the Business Customer as a direct or indirect result of the supply of the Goods by WF2GO being prevented, restricted, hindered or delayed by reason of any circumstances outside the reasonable control of WF2GO including, without limitation, circumstances affecting the provision of all or any part of the Goods by WF2GO’s usual source of supply or delivery or by WF2GO’s normal route or means of delivery.
16 Relationship between the parties
Nothing in these Conditions is to be construed as establishing or implying any partnership or joint venture between the parties, or as appointing any party as agent or employee of any other party. No party shall hold out any other party as its partner or joint venturer. Except, and to the extent, that these Conditions expressly states otherwise, no party may, incur any expenses or negotiate on behalf of any other party or commit any other party in any way to any person without that other party’s prior written consent.
17 Intellectual Property
17.1 In this clause “Intellectual Property” means patents, trademarks, service marks, rights (whether registered or unregistered) in any designs, applications for any of the foregoing, trade or business names, copyright, rights in and to software, rights in and to confidential information and know-how, rights in and to databases and all other intellectual property rights and similar property rights of whatever nature subsisting in any part of the world.
17.2 Each party acknowledges that the other owns Intellectual Property which has been independently developed and which relates to that party’s business or operations. It is acknowledged that, save only as expressly agreed in writing by the parties, the Intellectual Property owned by either party will remain the exclusive property of the owning party.
18 Waiver
The failure of WF2GO to insist upon the strict performance of any of the terms and conditions of the Contract shall not be construed as a waiver of any such term or condition and shall in no way affect WF2GO’s right to enforce such provision later.
19 Severability
If any of the terms and conditions of the Contract (or part thereof) shall be found to be invalid, ineffective or unenforceable, the invalidity, ineffectiveness or unenforceability of such term or condition (or part thereof) shall not affect any other term or condition (or the other part of the term or condition of which such invalid, ineffective or unenforceable part forms part) and all terms and conditions (or parts thereof) not affected by such invalidity, ineffectiveness or unenforceability shall remain in full force and effect.
20 Communications
20.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax:
20.1.1 (in case of communications to WF2GO) to its registered office or such changed address as shall be notified to the Business Customer by WF2GO; or
20.1.2 (in the case of the communications to the Business Customer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Business Customer set out in any document which forms part of the Contract or such other address as shall be notified to WF2GO by the Business Customer.
20.2 Communications shall be deemed to have been received:
20.2.1 if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
20.2.2 if delivered by hand, on the day of delivery; or
20.2.3 if sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
20.3 Communications addressed to WF2GO shall be marked for the attention of the Directors.
21 Governing law
The construction, validity and performance of the Contract shall be governed by English law and by entering into the Contract the parties submit to the jurisdiction of the English courts.
22 Copyright and use of our images and videos.
Images, videos and text on this site or in WF2GO published literature are copyright to diy2go Ltd. Please contact us if you wish to use one of our images or videos: use of our images or videos without our permission is theft. diy2go Ltd can offer all images / video clips for use to authorised Business Customers free of charge, please contact us to request the use of our images. Alternatively, images and videos owned by diy2go Ltd may be hired for an initial fee of £1000 + VAT per image or video plus £100 + VAT per week per image or video. Your use of one of our images or videos on your website or literature without prior consent signifies your agreement to these terms and conditions. They constitute a contract between you and us governing your use of these images or videos.