IMPORTANT INFORMATION SOFTWARE MEMBERSHIPS - PLEASE ALLOW 2 WORKING DAYS FOR YOUR ORDER TO BE PROCESSED. Orders are processed manually within 2 working days (usually sooner), you then receive an email with your account details to gain access. Why '2 working days'? Your components are encrypted with a unique code for security reasons.
You are buying access to our components to download, NOT a Google SketchUp Pro license.
We've provided a free sample of a component to download, open the Zip file, place in your software, insert into a model and use - so you are confident in the compatability. If you have not - CLICK HERE to make sure. Refunds are not available as we have provided you with this free sample, and by agreeing to these terms and conditions you have confirmed they are compatible. We do not provide telephone support for Google SketchUp, but if you have a problem accessing your Garden Design Pro account, please email us using the form on the 'About Us' page.
READY-MADE DESIGNS AND DOWNLOADS. Please go into your Online Merchant Receipt after payment and download your designs. You can also download them by clicking on the link in your confirmation email for a further 24 hours.
Not all account details/confirmation emails get through due to spam filters, so please check yours. If you do not receive your account details/confirmation email after 2 working days, please email us quoting your Order Number.
About Us Garden Design Pro is a trading identity of Applegate Designs Limited, England. If you have any suggestions or comments please call (0871) 871 3701 (International +44 (0871) 871 3701) or email us using the online form on the Contact Us page, or:
Garden Design Pro (Kids Racing Ltd), Unit 3B, Northend, Ravenstone, Olney, Milton Keynes, Buckinghamshire, MK465AN, United Kingdom. VAT Reg'n No. 126357319, Company No. 07860007, Company registered in England and Wales. Email us using: interest [at] gardendesignpro [dot] co [dot] uk
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 components, models, memberships, 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 Designs Ltd, ("Applegate Designs"). APPLEGATE DESIGNS, and the apple logo are the registered trade marks of Applegate Designs and must not be used in any form without the express prior written approval of Applegate Designs.
Introduction The Website is a solution for designing gardens and for downloading or purchasing bundles or individual 3D components, models, memberships, 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 (12 months from date of purchase), subject to limitations described in these terms and conditions. The Website and Products are and remain the copyright of Applegate Designs. 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 Designs 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 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 and Discount Codes must be kept securely by customers, inline with the Data Protection Act. Customers must notify Applegate Designs 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 Designs regarding the Website and Products to another email address, whether it is their email address or that of a third party. Applegate Designs reserves the right to withdraw (without refund) access to the Website and Products where it is believed that usernames & passwords or discount codes 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 Designs at firstname.lastname@example.org immediately. Applegate Designs 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 Designs 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 Designs, its directors or officers, partners of Applegate Designs, 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 Designs takes all reasonable steps to ensure that The Website is available and functioning fully at all times. However, Applegate Designs does not accept any responsibility for "down-time" or poor performance of Applegate Designs fileservers or where any Garden Design Pro service is unavailable for any other reason, whether within or outside the direct control of Applegate Designs. Furthermore Applegate Designs 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 Designs 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 Designs.
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 Designs Failure by either Applegate Designs 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 Designs 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 Designs 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.
Making A Purchase Making a purchase could not be easier. Just browse our site, choose your products and add to your 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. From time-to-time, other products are available on the website, please see the relevent pages.
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. Backordered items are not charged until they are shipped.
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 details of your purchase. 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.
SOFTWARE MEMBERSHIPS - Once your order is received, each customer is processed manually, so within 2 working days (usually much sooner) you will receive an email with your unique login details to access our website. If, after 2 full working days you have not received your login details, please contact us on our 'Contact Us' page with your name, address and order details.
DOWNLOADS AND READY-MADE DESIGNS - Products are available to download immediately after successful payment and for a further 48 hours after payment. Please go into your Online Merchant Receipt after payment and download your designs and documents. Alternatively you can download your designs and documents by clicking on the links in your confirmation email for a further 48 hours. Not all confirmation emails get through, due to different security levels and spam filters. Please check your spam filter for your confirmation email - if you do not receive one and need to, please email us quoting your Order Number.
Tax Charges Value Added Tax (VAT) at 20% is charged on all orders, and is not 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 Designs 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 Designs 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 Designs and it's authorised suppliers. All photographs and Images on these 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.
Products 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 Designs 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 Designs 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 Designs 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 Designs 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 access to download and use it. Our solution is based on a proprietary, licensed software available elsewhere by Google. Applegate Designs 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 proprietary software, you must use the software manufacturers existing support facilities. Customers using Google SketchUp for business reasons, must upgrade to Google SketchUp Pro for a commercial license (as per their Terms and Conditions). Individual DIY design styles memberships, contain components that may be suitable for more than one style.
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 Designs Products will be prosecuted for copyright theft in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Pictures of products on this web site are images made from the actual files you are purchasing. We cannot guarantee that color and detail are rendered accurately due to differences in users' monitors and individual calibrations.
Reaching Us If you need to reach us, email us using the online form on the Contact Us page or write to us at Unit 3B Northend, Ravenstone, Olney Milton Keynes Buckinghamshire MK465AN United Kingdom. Our registered address is 2/3 Bassett Court, Broad Street, Newport Pagnell, Bucks, MK16 0JN.
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 Designs Websites, Products, Packs, Memberships and Downloads, no right of cancellation or refund exists under Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000 once any 3D components, models, membership accounts, software plugins, advice documents, downloads or packs of downloads/documents have been accessed or downloaded by you.
SOFTWARE MEMBERSHIPS - We have provided you with a free sample of a GDpro component for Google SketchUp on this website so that you can download it, place it in your software's component library, insert it into a model and use it. We want you to be confident in the quality and compatability of our component files - if you have not already CLICK HERE to do so.
Refunds are not available for software memberships you purchase from Garden Design Pro, as we have provided you with a free sample to make sure these component files work with your software program. We make no warranties as to the quality or useability of these files. All sales are final, any refunds will be given at the discretion of the management.