TERMS AND CONDITIONS OF USE

Last modified: 23rd November 2023

INTRODUCTION

Alice's Garden UK Ltd is a company registered in the United Kingdom under company number 10265497 and trading as the brand sweeek. VAT number is GB 245 4962 84 and the registered address is:

Alice's Garden UK Ltd.

23 Copenhagen Street

London

N1 0JB

These Terms and Conditions (hereinafter “T&Cs”) are applicable for all participants and users of sweeek website www.sweeek.co.uk (hereinafter the “website”) and define the terms governing the availability and use of the services on the website.

Managing Director: Mr ROMIEU, Nicolas

The Website is hosted in France at OVH, 2 rue Kellermann - 59100 Roubaix - France.

Access to the website, as well as consultation and use of the website, is permitted only by acceptance of these T&Cs. They may be amended at any time, unilaterally by sweeek, as a result of changes or additions made, in order to comply with any legal, jurisprudential, editorial and/or technical developments.

These T&Cs do not affect your statutory rights as a consumer. sweeek try to provide all the information you may require on the website. You will find the answers to the questions that are most often asked by users on the FAQ page. However, if you need further assistance, we would gladly answer your questions, please get in touch with us via our contact form. 

ARTICLE 1 – ORDERING

An order can only be registered on the website if you have clearly identified yourself with your email address. You can place your order based on the references of the visible and available products on the website.

If for any exceptional reason, the product you have ordered is not available or subject to any delay, sweeek will inform you as soon as possible and will propose 1) cancelling the order and issuing a full refund; 2) buying an alternative product from our website; 3) waiting until the item is back in stock, in which case you will be informed of the estimated delivery window.

When you place an order, sweeek will email you confirming the details of your order, if you submitted an accurate email address while placing the order. sweeek will validate the order upon payment and will send you an email to confirm when your order will be dispatched. At this point, a legally binding contract will be formed between you and sweeek, although your payment would have been processed prior to confirmation from sweeek.

Please note that due to data protection, we are unfortunately unable to take orders over the telephone. 

sweeek reserves the right to cancel an order in the event of a typographical error producing a "false price" at the time of placing the order. In the case of a difference in interpretation between "low price" and "false price", regarding the price displayed on the website at the time of ordering, the customer may request the intervention of the appropriate court.

ARTICLE 2 – HOW TO PAY

By placing an order with sweeek, you confirm that the payment details provided on your order are correct. We offer different payment methods:  

Credit Card: Visa or MasterCard

PayPal and PayPal Pay-in-3

Bank Transfer without extra costs for you to the following account:

Account holder: Alice's Garden UK Ltd

Bank: Banc Sabadell

Account number: 05783014 Sort code: 60 92 70

2.1. If you pay by Credit Card, when you are ready to enter your payment details, you will be redirected to a secure payment gateway provided by our payment partner, HiPay, which complies with rigorous security standards designed to make shopping on the internet safer.

2.2. If you pay by bank transfer, to complete your order, please email us through our contact form with a screenshot of the payment proof (covering any sensitive information).

 ■ Important: sweeek only accepts payment in GBP, for international bank transfers only GBP currency will be accepted.

ARTICLE 3 – SHIPPING AND DELIVERY TIMES

3.1. Where do we deliver? 

We are able to deliver to the following postcodes: AB, BT, DD, DG, EH, G, HS, IM, IV, FK, KA, KW, KY, PA, PH, PO, TD, TR and ZE.

Unfortunately, we are unable to deliver to the Channel Islands and the Republic of Ireland.

*Free delivery is only available to mainland UK addresses and does not include the Scottish Highlands, Isles of Scilly, Isle of Man, Isle of Wight, Shetlands and Northern Ireland.

Please note that if you are ordering from Northern Ireland, there may be additional customs fees or duty payable on your order. Any charges incurred will be the responsibility of the recipient.

sweeek will ship a product in stock within 24 hours (working days) following receipt of payment. sweeek cannot be held responsible for additional delivery time caused by late payments.

It is your responsibility to diligently allow sweeek to process your order and to respect the time indicated. sweeek cannot be held responsible for delays in delivery from a force majeure such as a delay due to strike action at one of its service providers, or any other cause unrelated to the company that is unpredictable by a jurisprudential definition.

sweeek partners with several delivery companies and the estimated timescale is specified on the individual product.

Premium delivery services may be proposed on the checkout page, with an additional fee. 

Depending on the products you order and the time of the year, various delivery options may be available at different prices. These options are displayed clearly on the checkout page before you place your order.

3.2. Courier home delivery - Standard front door delivery

We are trying our best to deliver within 3-5 working days for orders placed before midday on weekdays. Depending on the delivery partner, you may receive additional delivery updates from the courier directly. If your product is pre-ordered, it will be shipped the day after it arrives in the warehouse, as we are still awaiting the stock. You will receive a tracking email once your item has left the warehouse and, depending on the carrier, you may receive an SMS and/or email with interactive delivery options and a delivery ETA.

3.3 Express and Saturday delivery 

This option is available on a paid-for basis. The order cut-off times for such services are stated when you reach the checkout. You will receive a tracking email once your item has left the warehouse and, depending on the carrier, you may receive an SMS and/or email with interactive delivery options and a delivery ETA.

Any extra delivery fees will be displayed at checkout before you have placed your order.

3.4. Two-person home delivery

For our larger items, home delivery is carried out by specialist two-person delivery partners who will leave the items in your room of choice or in your garden.     

Our delivery partner will contact you and propose a delivery date between 2–5 working days. The day prior to the confirmed delivery date, you will receive an ETA by SMS and/or email. On the day of delivery, you will receive a courtesy call 30–60 minutes prior to your designated ETA. If your product is in pre-order, our delivery partner will contact you the day after it arrives in stock to book delivery.

*Please note that if you are not home on the first delivery attempt, or if delivery is cancelled or amended less than 48 hours before the planned delivery date, a charge of £50 will be applied for any subsequent delivery attempts. Delivery will be made to your room of choice.

Delivery beyond the 2nd floor is at the driver's discretion based on Health and Safety assessment and access.

ARTICLE 4 – HOME DELIVERY

Delivery is deemed to be successful once the products have arrived at the address provided for delivery. If the delivery of your goods is refused or aborted at the delivery address, we reserve the right to charge for a second delivery. Our delivery obligation only stands for the first delivery attempt.

Please note that we dispatch our products only on working days (Monday to Friday).

Please be aware that an order consisting of several items may not arrive altogether.

The products we deliver are often large and heavy products to carry. In certain circumstances, our delivery partners may be unable to lift it into your property, or the room of your choice. Narrow corridors, many steps or restricted parking may compromise our ability to deliver your goods. It is your responsibility to ensure that we have access to the delivery address.

4.1. Product damaged during transit 

If the parcel has been damaged during transport, the customer must declare any visible damage on the delivery note provided by the driver.

Furthermore, in case a package is delivered damaged, the customer has 48 hours to contact us through our contact form.

If the customer accepts the parcel without having recorded any claims on the delivery note, sweeek will consider that the package was delivered in perfect condition.

4.2. For hidden defects (such as missing parts or damaged items), 

The customer has a 7-day window to inform sweeek of the issue by filling out our contact form. After this 7-day period, no claims regarding delivered damaged items or hidden defects will be accepted.

ARTICLE 5 – CANCELLATIONS AND RETURNS

In case you've changed your mind and would like to return your order, you have 14 days from the date of delivery to do so.

However, it is essential that you keep hold of the original packaging, as your order will not be eligible for return unless in its original boxes.

If you wish to cancel the order before delivery, we can only accommodate cancellation requests prior to shipping. Once the order has been shipped, we will not be able to process a cancellation.

5.1. Important information before you return your order

All goods returned must be in their original condition (i.e. not used and in their original packaging). Any damage to the product or packaging, or any sign of use, may result in a deduction from your refund.

If you are using your own transport for a return, sweeek cannot accept liability for goods lost or damaged in transit on the way back to our warehouse.

If your return is collected from your premises, please ensure you keep your proof of collection from the carrier until your refund has been processed.

If you paid for a premium delivery service as part of your original order that was correctly fulfilled, the charge for this service will not be reimbursed if you decide to return the product(s).

If you were charged a delivery fee due to the delivery address being situated in one of the excluded postcodes, this delivery charge will be refunded in full if you decide to return your product(s).

5.2. How much will I be charged for the return?

If you would like sweeek to organise the return of your product to our warehouse, the return fee is 20% of the value of your order or a minimum charge of £20.00 if your order is under £100.00 or less.

Please note that the returns charge detailed above will be deducted from your refund.

5.3. When will I be refunded?

Once your return reaches our warehouse, it will be inspected by our product experts, and we will issue your refund within 14 days of its arrival back at our warehouse.

Please also note that if there are any signs of usage or damage, parts missing, or the item is not returned in its original packaging, this will result in a further deduction from your refund.

Please keep in mind that we do not accept returns of used products. 

5.4. Exchanges

Please note that we do not offer exchanges. If you would like to purchase a different colour or item, we can process a return and issue a full refund. That being said, we will only accept returns for products in perfect condition and in their original packaging.

5.5 Ineligible for return

Inflatable hot tubs: For hygiene reasons, we do not accept returned hot tubs returns if they have been used.

Barbecues: In the interest of food hygiene, we do not accept the return of used barbecues.

ARTICLE 6 – AFTER SALES 

sweeek will help you solve problems that occur during the warranty period or after the warranty period has lapsed.

Please ensure you immediately remove the product from the packaging upon receipt, to inspect its condition. Any hidden defects, missing parts or damage to the structure reported more than 7 days after delivery will not be eligible for claim.

In the event that your item is returned to sweeek due to being declared faulty, any delivery charges paid on the original order will also be refunded.

If you would like to purchase spare parts, please contact us through our contact form and we will provide you with a quote. 

If part of your aftersales case requires spare parts to be sent, please ensure that the spare parts you need are correctly identified, as you will be charged for the shipping if the wrong parts are ordered.

ARTICLE 7 – WARRANTY

If you return a product because it is faulty or damaged, sweeek is under a legal duty to provide you with a product that is of satisfactory quality or a full refund of the faulty product. In addition to your legal rights, sweeek is proud to offer a 2-year warranty on all its products (apart from our MSpa range - please see below).

The validity of the guarantee is subject to sweeek's confirmation that the product or part of a product is defective.

Replacement parts provided by sweeek under the guarantee do not extend their duration. 

sweeek is not responsible for any repair or assembly services of replacement parts.

Our products comply with different norms and have security certificates:

Trampolines: EN71-14 standards / 2009/48 / CE and the security standards certificates of CE / ITS France.

Swings: EN71-14 standards / 2009/48 / CE and the security certificates of CE / TÜV Rhineland.

Inflatable toys: Standards and security: EN71 parts 1,2 y 3; CE 2009/48 / CE on the security of the toys; RoHS, EMC, LVD.

Patio heaters: CE standards.

LED lights: Sphere standards: CE / ROHS / FCC and IP68 - dust-proof and water-resistant.

Cube and flower vase standards: CE / ROHS / FCC y IP54 - dust-proof and splash-resistant.

WARRANTY RESTRICTIONS:

Hot Tubs:

sweeek is proud to be an official distributor of MSpa hot tubs. Our MSpa products follow a specific warranty procedure provided by the manufacturer which differs slightly from the sweeek policy.

If you purchased your hot tub after 1st October 2021, MSpa’s warranty will cover electrical parts for 1 year and the lining for 6 months.

If that’s the case, and you have any trouble with your hot tub you will need to contact our dedicated team of MSpa customer service experts via the following contact form: http://www.mspauk.co.uk/product-support/ 

For hot tub orders placed between 1st October 2020 and 2021, the warranty will cover electrical parts for 2 years and the lining for 6 months.

If you purchased your hot tub before October 2020, the warranty will cover electrical parts for 1 year and the lining for 6 months.

If you have any trouble with your hot tub please contact us via the following form:

https://sweeeksupport.zendesk.com/hc/en-gb/requests/new

In order to process your claim, you’ll need to provide a brief description of the issue, a picture of the back of the remote control (showing the serial number and product model) and a picture of any error displayed on the remote control.

In the event of after-sales queries, all customers must complete the relevant form so that we have all the necessary information to resolve the issue swiftly.

MSpa FAQ: www.mspauk.co.uk/faq

7.1. Other warranty exceptions:

Deterioration and damage that is not attributable to sweeek, such as incorrect assembly, defective maintenance, abnormal use (misuse, intensive use, professional use), use of the product under conditions different to those for which they were manufactured and non-compliance with the conditions described in the instruction manual.

Damages or accidents result from shock, fall, negligence, lack of supervision or maintenance, but also in case of product customisation.

Damages or accidents related to weather or climate conditions (storm, forces of nature, lightning, strong wind, rain, hail, snow, strong heat).

Sewing problems on fabric or canvas in case of accident or tearing due to abnormal use (misuse, intensive use, professional use).

The commercial warranty does not apply to discolouration or colour changes due to weather conditions or contact with chemical products (such as sun cream) or others.

The commercial warranty only covers domestic use; items for use in commercial properties will not be covered.

Any damage or breakage of glass was not reported at the moment of the delivery. 

For a full and detailed list of warranty exclusions, please visit our FAQ page. 

ARTICLE 8 – IMAGES AND DIMENSIONS OF THE PRODUCTS

Every care has been taken in the preparation of the content of the website. However, neither sweeek nor any third-party supplier of sweeek products accepts responsibility for your reliance on any information on this website. The specifications, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products, however, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.

Please also note that the colour tones of certain items may vary slightly across different production years. For instance, a purchase of a particular rattan sofa set in 2020 may have a vaguely different colour tone of rattan or cushion fabric to the same rattan sofa set produced in 2021. This type of colour deviation would not be considered a valid warranty claim.

sweeek has a policy of continuous improvement and reserves the right to make changes to products without notice. Please note not all features are available on all the products shown and all products are subject to availability and may be withdrawn without notice. You should not solely rely on information from this website to make any decision.

ARTICLE 9 – PRICES

All the prices displayed on the website include VAT and standard delivery and exclude other services such as installation. We always try our best to have the correct prices on the website. However, if it occurs that a price is wrong, sweeek will contact you before dispatching the product and will give you the option of reconfirming your order at the correct price or cancelling it. If sweeek is unable to contact you, your order will be treated as cancelled. If you choose to cancel and have already paid for the goods, you will receive a full refund.

If you click on the flags at the top of our website's homepage, you will be redirected to the websites of sweeek France, sweeek Belgium, sweeek Netherlands, sweeek Spain, sweeek Portugal and sweeek Italy. The prices and available products might be different in each country.

9.1. Discount codes

sweeek may offer discount codes on selected products. Discount codes will be available for a limited time and are subject to availability. sweeek may also withdraw these codes at any time. Discount codes can only be redeemed on the website and you can only use one discount code per order. sweeek is unable to honour previous prices stated on the website or discounts for promo codes not used during the checkout process.

ARTICLE 10 – YOUR PERSONAL INFORMATION

To create your account on our website, you must be over 18 years old. Each account must be used by a single user only. You should not share your username and password with any other person. You are responsible for the security of your password. We can cancel or suspend your account at our reasonable discretion or if you breach any of your obligations under these T&Cs.

We require some information about you to process your order, to ensure a secure payment.

By placing an order on the website, you agree that sweeek may pass your information to its credit reference or fraud prevention agencies and to its delivery agents partners. sweeek will not share your personal data with any other party without your agreement.

Depending on your choice whilst creating or checking your account you may receive some commercial offers or suggestions from sweeek by email. If you want to stop receiving these offers, simply contact us through our contact form.

10.1. Usage of cookies 

We really want to understand your needs and answer them in the best way possible. That's why we use cookies - these allow us to know if you have visited the website, so we can customise your experience with sweeek.

ARTICLE 11 – GOVERNING LAW AND JURISDICTION

These T&Cs are governed by and constructed in accordance with the laws of England and Wales. Disputes arising from our contract with you and these T&Cs shall be subject to the exclusive jurisdiction of the English courts.

sweeek does not guarantee that the products sold through the website are appropriate or available for delivery and use outside the United Kingdom. If you access this website from locations outside the United Kingdom, you are responsible for compliance with local laws.

sweeek may change our website and T&Cs without giving prior notice. However, the T&Cs applicable when you have placed your order will continue to apply to the products you ordered.

ARTICLE 12 – INTELLECTUAL PROPERTY

You may not assign, sublicense, or otherwise transfer any of your rights under these T&Cs. If any provision of these T&Cs is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall continue to have full force and effect.

You acknowledge and agree that all the elements that make up the website (various protectable works and creations, text, graphics, software, photographs, images, videos, sounds, plans, names, logos, trade names databases etc.) and the website itself belong to sweeek or its suppliers, and you can only use this material if expressly authorised.

These elements are the exclusive property of sweeek, apart from elements produced by stakeholders outside the website, who have not transferred their copyright.

Any use of the website elements not expressly approved entails a breach of copyright or of any other laws and regulations in force and shall constitute an infringement.

Unless otherwise agreed in writing by sweeek, the customer undertakes to refrain from amending, copying, reproducing, republishing, downloading, placing online, transmitting, selling or distributing in any way whatsoever, on another server or in another place, the content made available thereto by sweeek.

This website is owned and operated by Alice’s Garden UK LTD.

VAT number: GB 245 4962 84

Company number: 10265497

ARTICLE 13 – PERSONAL DATA PROTECTION

These terms and conditions are governed by and constructed in accordance with the laws of England and Wales. Disputes arising from our contract with you and these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

Rest assured: we will protect your data as if it were our own.

sweeek is committed to protecting and respecting your privacy in accordance with the applicable data protection legislation (the "Data Protection Legislation"), files and civil liberties about the automated processing of personal data, as well as EU Regulation 2016/679 of 27 April 2016.

Your personal data enables us to offer you the perfect customer experience from start to finish.

13.1 – Who collects your data? : Data controller

These provisions apply to all personal data processed by Alice's Garden UK Ltd, registered in London with the company number 10265497. VAT number: GB 245 4962 84, acting in the capacity of data controller.

 13.2 – What data do we collect and what is its purpose?

After placing your order, we need to process some of your personal data to fulfil our side of the contract, to detect fraud, and to protect you (and us) against it.

To process orders:

 - Your title, full name

 - Your home/billing address and email address

 - Telephone number: carriers might contact you so that you can arrange your delivery day and time (if you have chosen this option); sweeek might contact you in case there is a problem with your order.

- Your date of birth (optional data): To detect fraud, and to protect yourself (and us) against it.

 For marketing purposes:

Email: We only send you information with your permission. If you have given us your consent, we will send you messages by email, so that you can be kept up-to-date with our news, offers, promotions and new arrivals.

Title: To direct you to the right category on our website and offer you tailored promotional offers for a personalised customer experience.

 a - Payment information.

Rest assured that we do not keep this information. Keeping your data secure is our top priority! Your payments are secured by the 3D-Secure system (Visa, MasterCard).

In the event of a refund (e.g. a partial refund when the action is not possible in the marketplace), we may ask you for your IBAN. Do not worry: we use it to fulfil our side of the contract with you and pay you back. We do not keep your IBAN after the refund transaction.

b - Your exchanges with us: activity history

sweeek uses your activity history to assist you, train our teams and provide you with the best possible service. Your experience will be unique and personalised.

c - Identification of your device (IP, MAC, UDID) and browser (Chrome, Firefox, Safari...)

When you browse the website, some of your information is transmitted to us, such as your IP address, the device used and your browsing route.

sweeek uses this data to improve our website and configure some default options, to detect fraud, and to protect you (and us) against it.

d - Password

Rest assured: your password is encrypted (BCRYPTE system), personal and non-transferable so that your customer account remains secure.

e - Cookies and analytics tools 

Cookies may be present on your computer and on your mobile phone.

These cookies allow us to recognise you when you return to our site and record information about browsing habits on our site. 

The use of cookies allows us

 - to store information about your browsing on the website.

- to save your items in your basket for later or for when you are not logged into your sweeek account.

When you visit other sites, we offer targeted banners and advertisements through different marketing networks and ad-exchange services.

We use analytics tools that use cookies (IP address, Mac address, authentication and browsing data on our site).

These cookies allow us to analyse the behaviour of the users of our site and to process statistics, always with the aim of making your browsing experience more pleasant on our site.

The data generated by these tools is stored by European partners that meet the requirements of the GDPR and international partners (Facebook, Instagram, Google, for example) with servers located in the United States that benefit from "Safe Harbor Privacy Principles" data protection.

h - Voice recording

During your telephone exchanges with our teams, your conversations are likely to be recorded to enhance your customer experience every day and to train our agents.

i - Information on social networks and participation in competitions

 - Your personal data allows us to offer you a personalised customer experience.

- Your answers to competitions are used to fulfil our side of the contract. Your information is recorded so that you have the chance to win.

- We invite you to consult the personal data management policies of the various social networks to find out the personal data they may transmit.

You are not obliged to provide us with your personal data. However, without the mandatory data, it will not be possible to purchase from the website and, above all, we may be unable to offer you a perfect experience from start to finish.

13.3 - Sharing your data

We do not rent or sell your data to third parties.

However, always with a view to providing you with an optimal customer experience and perfect service, we share your data with:

Companies that handle your purchases, such as warehouses and delivery companies (BJS Home Delivery, ParcelForce, TNT, Espack Eurologistica).

Website hosts (OVH, Odiso).

The partners that enable sweeek to respect a legal or regulatory obligation, (to contribute to the detection of fraud, respond to litigation or to act in the defence of our rights.)

Companies that allow sweeek to maintain a close relationship with you: Iadvize, Zendesk, Mindbaz, Newtech, Trust Pilot, Amazon AWS.

sweeek partners (influencers) and other collaborators so that you have the chance to win a competition or enjoy exclusive offers with certain partners.

Payment partners such as Hipay, Paypal, Oney (Accord bank)

13.4 - Your rights

You have the right to be informed of the use of your data and to know the purpose of its use.

You have the right to access your personal information and can make changes or corrections to your data directly via your customer account.

You have the right to request the modification or correction of any incorrect personal data (you can also do this via your customer account).

You have the right to ask for your data to be deleted, or for us to stop processing/collecting it, in some cases (please note that legal or regulatory provisions or legitimate reasons may require us to keep your data)

You have the right to ask us to stop sending you messages: you can unsubscribe by clicking at the bottom of our emails on "unsubscribe" or you may retract your consent to the use of your data for commercial purposes at any time: by sending us your written request by post to: Alice’s Garden UK Ltd, 23 Copenhagen Street, London, N1 0JB (taking into account your request and updating our systems may take a few days, during which time you are likely to receive messages that have already been programmed).

You have the right to complain to the National Commission for Data Protection and Freedoms in its capacity as data protection regulator by post or by clicking here https://ico.org.uk/

13.5 - Transfer outside the European Union

Do not worry: your personal data will remain inside the European Union.

13.6 - Retention period

The data related to the management of a customer account is kept for as long as the commercial relationship lasts. It can be kept for commercial prospecting purposes for up to 3 years from the end of this commercial relationship, 3 years from its collection by the controller, or from the last contact from the prospect. 

Data relating to the management of orders, deliveries and invoicing are removed after 10 years, in accordance with the regulations in force.

Data relating to cookies on our site are deleted after 12 months.  

Statistical identification data is deleted after 26 months. 

Telephone recordings after an exchange with a consultant are deleted after 30 days.