Terms & Conditions
PLEASE NOTE: Andrew's Water Treatment Ltd is closed between 23rd December and 1st January for the Christmas holidays.
Our last dispatch is on 19th December with all subsequent orders being sent on Tuesday 2nd January.
May we take this opportunity to wish you a very Happy Christmas and all the best for 2018.
- THESE TERMS
- These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.
- These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
- You should print a copy of these Terms or save them to your computer for future reference.
- We amend these Terms from time to time as set out in clause 11. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
- These Terms, and any Contract between us, are only in the English language.
- INFORMATION ABOUT US AND HOW TO CONTACT US
- We are Aqua Cure Limited, a company registered in England and Wales under company number 06330499 and with our registered office at Aqua Cure Ltd, Aqua Cure House, Hall Street, Southport, PR9 0SE, ENGLAND. Our main trading address is Aqua Cure Ltd, Aqua Cure House, Hall Street, Southport, PR9 0SE, ENGLAND. Our VAT number is GB828 3824 07.
- We operate the website http://watergem.co.uk.
- You can contact us by telephoning our customer service team on telephone number 01704 516916 or by writing to us at firstname.lastname@example.org or Aqua Cure Limited, Aqua Cure House, Hall Street, Southport, Merseyside PR9 0SE.
- If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you have provided to us in your order.
- When we use the words “writing” or “written” in these terms, this includes email.
- OUR PRODUCTS
- The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
- Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
- The packaging of the Products may vary from that shown on images on our site.
- USE OF OUR SITE
- Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
- USE OF OUR SITE
- We will use the personal information you provide to us:
- to supply the products to you;
- to process your payment for the products; and
- if you agree to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
- We will only give your personal information to third parties where the law either requires or allows us to do so.
- IF YOU ARE A CONSUMER
This clause 6 only applies if you are a consumer.
- If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
- IF YOU ARE A BUSINESS CUSTOMER
This clause 7 only applies if you are a business.
- If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
- These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
- You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them
- You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 8.3.
- We will confirm our acceptance to you by sending you an e-mail acknowledgement (Order Acknowledgement). The Contract between us will only be formed when we send you the Order Acknowledgement.
- If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because a credit reference we have obtained for you does not meet our minimum requirements or if you have exceeded your credit limit or because of an error in the price on our site as referred to in clause 20.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
- We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from OR deliver to addresses outside the UK.
- OUR RIGHTS TO MAKE CHANGES
- We may change the product:
- to reflect changes in relevant laws and regulatory requirements and
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
- YOUR RIGHTS TO MAKE CHANGES
- If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 16 - Your rights to end the contract).
- OUR RIGHT TO VARY THESE TERMS
- We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
- Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
- We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
- changes in relevant laws and regulatory requirements
- If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
- The costs of delivery will be as displayed to you on our website.
- We will contact you with an estimated delivery date, which will be within 7 days after the date of the Order Acknowledgement (the date on which we e-mail you to confirm our acceptance of your order).
- If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
- Delivery of an Order shall be completed when we deliver the Products to the address you gave us (or you collect from a local depot) and the Products will be your responsibility from that time.
- You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 12 only applies if you are a consumer.
- SUSPENSION OF DELIVERY
- If we miss the 7-day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
- we have refused to deliver the Products;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
- If you do not wish to cancel your order straight away, or do not have the right to do so under clause 13, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
- If you do choose to cancel your Order for late delivery under clause 13.2 or clause 13.3, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
- We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you (see clauses 9 and 10).
- We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
- If you do not pay us for the products when you are supposed to and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 21.5). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 21.4).
This clause 13 only applies if you are a registered Trade customer
- INTERNATIONAL DELIVERY
- If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
- You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
- You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
This clause 14 only applies if you are consumer or a Trade customer who has registered with Aqua Cure Limited
- NO INTERNATIONAL DELIVERY
- Unfortunately, we do not delivery to addresses outside the UK.
- You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
This clause 15 only applies if you are a consumer.
- YOUR RIGHTS TO END THE CONTRACT
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 19;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 16.2;
- If you have just changed your mind about the product, see clause 16.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 16.6.
- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 9);
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
- you have a legal right to end the contract because of something we have done wrong).
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. Under the Consumer Contracts Regulations 2013, you are to pay costs of return.
- When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
- services, once these have been completed, even if the cancellation period is still running;
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- any products which become mixed inseparably with other items after their delivery.
- How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
- Have you bought services (for example, system installation)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
- Have you bought goods (for example, a replacement filter)? If so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
- Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
- Your goods are for regular delivery over a set period (for example 12 months). In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 16.1), you can still end the contract before it is completed. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the product until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March.
This clause 16 only applies if you are a consumer.
- HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Phone or email. Call customer services on 01704 516916 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Online. Complete the online form on our website.
- By post. Print off the returns form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
- Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Aqua Cure Limited, Aqua Cure House, 16-18 Hall Street, Southport, Merseyside PR9 0SE or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01704 516916 or email us at firstname.lastname@example.org for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
- When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed;
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
- if you are exercising your right to change your mind. In all other circumstances you must pay the costs of return.
- What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, see http://watergem.co.uk/about.
- How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. http://watergem.co.uk/about for information about what handling is acceptable and examples]. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 17.2.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
This clause 17 only applies if you are a consumer.
- OUR RIGHTS TO END THE CONTRACT
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
- you do not, within a reasonable time, allow us access to your premises to supply the services; or
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 18.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
This clause 18 only applies if you are a consumer.
- IF THERE IS A PROBLEM WITH THE PRODUCT
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01704 516916 or write to us at email@example.com or at Aqua Cure Limited, Aqua Cure House, 16-18 Hall Street, Southport, Merseyside PR9 0SE.
- Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example furniture or a laptop, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
If your product is digital content, for example a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
- up to 30 days: if your goods are faulty, then you can get an immediate refund.
- up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
If your product is services, for example a support contract for a laptop or tickets to a concert, the Consumer Rights Act 2015 says:
- if your digital content is faulty, you're entitled to a repair or a replacement.
- if the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
- if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
- you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
- if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
- if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01704 516916 or write to us at firstname.lastname@example.org or at Aqua Cure Limited, Aqua Cure House, 16-18 Hall Street, Southport, Merseyside PR9 0SE for a return label or to arrange collection.
- PRICE OF PRODUCTS AND DELIVERY CHARGES
- The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 20.5 for what happens if we discover an error in the price of Product(s) you ordered.
- Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
- The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
- The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page http://watergem.co.uk/about.
- Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid.
- HOW TO PAY
- You can only pay for Products using a debit card or credit card. We accept the following cards: MasterCard Debit, MasterCard Credit, Visa Debit, Visa Credit and Maestro Cards.
- Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
- Registered Trade account users may be offered credit accounts subject to satisfactory credit reports and completion of a Trade account application which can supplied upon request.
- If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 6% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
- MANUFACTURER GUARANTEES
- Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
- If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
- OUR WARRANTY FOR THE PRODUCTS
- For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 23.2.
- The warranty in clause 23.1 does not apply to any defect in the Products arising from:
- fair wear and tear;
- wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- if you fail to operate or use the Products in accordance with the user instructions;
- any alteration or repair by you or by a third party who is not one of our authorised repairers; or
- any specification provided by you.
- If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
- OUR LIABILITY IF YOU ARE A BUSINESS
This clause 24 only applies if you are a business customer.
- We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
- Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987.
- Subject to clause 24.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Subject to clause 24.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
- OUR LIABILITY IF YOU ARE A CONSUMER
This clause 25 only applies if you are a consumer.
- If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 19.2 and for defective products under the Consumer Protection Act 1987.
- If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 26.2.
- An Event Outside Our Control means any act or event beyond our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
- COMMUNICATIONS BETWEEN US
- When we refer, in these Terms, to "in writing", this will include e-mail.
- If you are a consumer you may contact us as described in clause 2.3.
- If you are a business:
- Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
- A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at [9.00 am] on the [second] Business Day after posting or if sent by e-mail, one Business Day after transmission.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 23 to the recipient of the gift without needing to ask our consent.
- This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
- If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).