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TERMS & CONDITIONS

This document provides information about who we are and the legal terms and conditions that apply to any product or service provided by us.

This website is operated by Acqua Systems Limited (“Acqua Tower”) whose registered office is at 27-28 Eastcastle Street, London W1W 8DH. Company Reg No. 11481103.
The terms “we”, “us” and “our” refer to Acqua Tower. If you order from Acqua Systems Limited, t/a Acqua Tower Growing Systems via our website, in person, by telephone or by any other means of communication you will be deemed to have read, understood and agreed to our General Terms & Conditions for Sale of Goods.

OVERVIEW
By visiting our site and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, sellers, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree to all the Terms of this agreement, then you may not access the website.

Any new features or tools which are added to the current website shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

The headings of the paragraphs of these Terms are included for convenience only and are not deemed to constitute part of these Terms or affect the construction thereof.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

PRIVACY / GDPR STATEMENT 
Acqua Tower is committed to ensuring that your privacy is protected and we strictly adhere to the provisions of all relevant Data Protection Legislation, including GDPR, ensuring all personal data is handled in line with the principles and guidelines outlined in the regulation. 

PRIVACY POLICY
This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.acquatower.com (the “Site”).

PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:
“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
“Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
“Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

Additionally, when you make a purchase or attempt to make a purchase through the Site, we will collect certain information from you, including your name, billing address, shipping address, payment information (including credit/debit card numbers, email address, and phone number). We refer to this information as “Order Information”.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfil any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), for re-targeting purposes and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store - you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site - you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a search warrant or other lawful request for information we receive, or to otherwise protect our rights.

BEHAVIOURAL ADVERTISING
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

YOUR RIGHTS
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident, please note that we are processing your information in order to fulfil contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information may be transferred outside of Europe, including to Canada and the United States.

DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

CHANGES
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

ONLINE ECOMMERCE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your country, state or region of residence, or that you are the age of majority in your country, state or region of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you use any of our products, violate any laws in any jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services and all of our rights are hereby reserved.

GENERAL CONDITIONS
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any products provided by us, use of our products or any contact on the website through which our products provided, without express written permission by us.

DESCRIPTION, ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only and should not be relied upon. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

ORDERING AND DELIVERY
We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Unless otherwise agreed in writing, delivery of the Goods [refers to any product purchased specified by the Buyer] shall take place at the address specified by the Buyer [defined as the person who placed and paid for the Goods] on the date specified by us. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
The date of delivery specified by us is an estimate only. Time for delivery shall not be of the essence of the contract between us and while every reasonable effort will be made to comply with such dates compliance is not guaranteed and the Buyer shall have no right to damages or to cancel the order for failure for any cause to meet any delivery date stated.
If we are unable to deliver the Goods for reasons beyond our control, then we are entitled to place the Goods in storage until such time as delivery may be affected and the Buyer shall be liable for any expense associated with such storage.
In addition, the Buyer shall then pay reasonable storage charges or demurrage as appropriate in the circumstances until the Goods are either dispatched to the Buyer or disposed of elsewhere.
We are entitled to deliver the Goods by instalments and where the Goods are so delivered, each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat any other related contract as repudiated.
The Buyer shall not remove or otherwise interfere with the marks or numbers on the Goods.
The Buyer shall accept delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that any such discrepancy shall not exceed five (5%), the Price [the value stipulated at time of purchase] to be adjusted pro-rata to the discrepancy.

PRICING AND PAYMENT
Pricing set out in the list of prices of the Goods maintained by us may be amended from time to time plus such carriage, packing, insurance or other charges that may be quoted by us.
Payment in full is required at time of placing of order.

PRODUCTS OR SERVICES
Certain products may be available exclusively online through the Site and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products on this site. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any products at any time.
Products are supplied in line with the Sales of Goods Act (1979) and the Consumer Rights Act (2015)

INTELLECTUAL PROPERTY RIGHTS Where any Goods supplied by us embody, include or contain computer programme(s) and/or related documentation the copyright in which is owned by a third party, all rights and liabilities associated with the use and/or reproduction thereof will be subject to the terms of the applicable end user licence, to the exclusion of all liabilities and obligations on our part.
The Buyer will indemnify us against all liabilities for infringement of third party intellectual property rights arising from our compliance with the Buyer’s specific requirements regarding design or specification for the Goods or arising from the use of the Goods in combination with other products.
In the event that all the Goods or the use thereof (subject as aforesaid) are held to constitute an infringement of any intellectual property rights and the use is thereby prevented, the will at its own expense and option either procure for the Buyer the right to continue using the Goods or replace the same with a non-infringing product, or modify the Goods so that they become non-infringing, or may elect to retake possession of the Goods and refund the Price. Subject to the foregoing, we shall be under no liability to the Buyer for any loss, damage or enquiry, whether direct or indirect, resulting from any intellectual property right infringement of the Goods.
All Intellectual Property Rights produced from or arising as a result of the performance of any contract shall, so far as not already vested, become the absolute property of us, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties. The Buyer acknowledges and agrees that all existing and future intellectual property and other rights relating shall remain the exclusive property of Acqua and all Intellectual property and other rights relating to any drawings, models, products, documents or work provided by Acqua will belong to and vest in Acqua.

The Buyer agrees not to reverse engineer or otherwise copy or seek to copy any system, product or equipment of Acqua.

ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us at our sole discretion and for any reason. We may, in our sole discretion, limit or cancel quantities of goods purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

RETURNS AND REFUNDS
Returns and Refunds will be accepted and made in line with current consumer Rights Act 2015 and comply with the various consumer acts for the UK/EU and other European Territories.

With the exception of perishable items, the Buyer is required to test Goods upon delivery and shall be deemed to have accepted the Goods fourteen (14) days after delivery to the Buyer.
Accordingly, no claim for defect, damage or quality will be entertained (without prejudice to the Seller’s other rights pursuant to these Conditions) unless written notice together with all supporting evidence is received by us within fourteen (14) working days of delivery.
After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
The Buyer must cover the cost of returning unwanted goods unless the goods are faulty.
If a repair or replacement is not possible within a reasonable time and the Buyer does not choose to accept the product/s at a reduced price a full refund including the basic delivery cost (where applicable) for goods returned will be made if returned within the time period specified for faulty goods.
A deduction may be made if the value of the goods has been reduced as a result of the Buyer handling the goods more than necessary. We reserve the right to charge the buyer for expenses for a site visit (not exceeding £300) if there is evidence that the defect is attributable to misuse, incorrect installation, or third party supplied product or design fault.

OPTIONAL TOOLS
We may provide you with access to third-party tools which we neither monitor nor have any control over nor input into.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS
Certain content, products and services available via our Site may include materials from third-parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, '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 forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.

PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape [more than said elsewhere]; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

WARRANTIES AND LIMITATION OF LIABILITY
The products are warranted for one year with the following exceptions:
All perishable items;
Any item with a ‘use-by’ date of less than one year.

We do not warrant that the results that may be obtained from the products under warranty will be accurate or reliable.
We warrant only that the Goods on delivery shall conform in all material respects with the Specification/Data/Instruction sheets published by us from time to time.
All other warranties, conditions or undertakings as to quality or description (howsoever made or implied) shall be excluded to the fullest extent permitted by law. We are not liable for a breach of warranty or a defect in the Goods unless it is notified to the Seller within thirty (30) days after the date of delivery.
In respect of any nonconforming or defective Goods, the Buyer shall inform us and we will at our election, repair the Goods or supply replacement Goods (in which event we will not be deemed to be in breach of the Contract or have any liability to the Buyer for the non-conforming or defective Goods); provided in each case that the Buyer, upon request, returns the relevant Goods (unaltered) to us for inspection as soon as possible and at its own risk and expense, or where not possible, allows our representative to visit the site where the goods have been installed and inspect the relevant Goods and installation.
We will not accept liability for products that are defective as a result of misuse, incorrect installation or design fault.
We will not accept liability for any products supplied by third parties without our express prior written consent.
We ask that before any of our products are specified for any given project that all literature and advice notes on the website are observed and taken into consideration. You agree that from time to time we may remove products for indefinite periods of time or cancel products at any time, without notice. You expressly agree that your use of, or inability to use, the products at your sole risk. All products delivered to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Acqua Tower, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or any products procured using the Site, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Acqua Tower and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

You agree to indemnify, defend and hold harmless Acqua Tower and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

ENTIRE AGREEMENT
These Terms and any documents incorporating them or incorporated by them constitute the entire agreement and understanding between the parties.
Any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and govern your use, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the site).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and Wales the parties hereby submit to the exclusive jurisdiction of the English courts.

FORCE MAJEURE
We will not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, acts of God, accidents, fire, strikes, lock outs, strikes, war and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may without liability on its part, terminate the contract or any part of it.

CONTACT INFORMATION
For more information, or if you have questions, or if you would like to make a complaint, please contact us by e‑mail at info@acquatower.com or by mail using the details provided below:
Acqua Systems Ltd, 27-28 Eastcastle Street, London, W1W 8DH, United Kingdom

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment method. Payment is to be made to Klarna.

Slice it: With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available:
Austria https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/flex_account, the United Kingdom https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_gb/account_agreement, Germany https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_de/base_account, Sweden https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_se/base_account, Norway https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_no/base_account, Denmark https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/en_dk/account and Finland https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_fi/base_account.

The payment method Slice It is only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com https://www.klarna.com/. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

United Kingdom
In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you.

General information on Klarna you can find here at www. Karma.com/uk. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy policy http://cdn.klarna.com/1.0/shared/content/legal/terms/Klarna/en_gb/privacy.

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