CONSUMER TERMS AND CONDITIONS OF BUSINESS
Your attention is in particular drawn to the limitation of liability provisions in condition 10.
We strongly recommend that you do not book a plumber, electrician, builder or any other installer until all Products have been delivered and checked.
Products must be installed by suitably qualified or registered installers.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
We are registered in England and Wales under company number 06906233 at Charles House, Royle Barn road, Castleton, Rochdale, Lancs, OL11 3DT. Our VAT number is 973 2733 02
2. YOUR STATUS
By placing an order with us, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18years old;
(c) All details you provide to us for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects;
(d) You are authorised to use the credit or debit card with which you purchase any Product(s) and that there are sufficient funds in your account to cover payment of the Product(s) ordered.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order with us, you will receive an initial e-mail from us acknowledging that we have received your order and a further email will usually be sent (usually within 48 hours of the initial e-mail) advising an estimated delivery date for the Product(s). Please note that this does not mean that your order has been accepted. Your order (whether made through our site or over the telephone or fax or in writing) constitutes an offer to us to buy a Product. All orders are subject to acceptance by us and product availability, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3.3 When placing an order, you warrant that any and all information and/or specifications given are complete and accurate.
3.4 All specifications, descriptions, colours or illustrations of Products on our site are given for the sole purpose of giving an approximate idea of the Products sold through our site and we shall not be liable for any variations in any specification, description or colour of the Product which do not materially affect the specification, use and operation of the Product.
3.5 We reserve the right to refuse your order for any reason.
3.6 Any quotation is valid for a period of 30 days only from its date, provided that we have not previously withdrawn it. Any quotation is given on the basis that no Contract shall come into existence until we send you a dispatch confirmation in accordance with condition 2.1.
4. AVAILABILITY AND DELIVERY
4.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. Where we become aware that the date for delivery may be delayed, we will notify you as soon as possible and aim to provide you with a revised date.
4.2 If you order more than one Product, the Products may be delivered to you in separate installments. Each installment is a separate Contract and no cancellation of one Contract relating to an installment entitles you to cancel any other Contract or installment.
We strongly recommend that you do not book a plumber, electrician, builder or any other installer until all Products have been delivered and checked. Products must be installed by suitably qualified or registered installers.
4.3 All deliveries require a signature. Deliveries. You agree to provide (at your expense) adequate and appropriate manual labour for unloading the Product(s).
4.4 You must inspect all Products thoroughly before signing for delivery. If items are defective or damaged on delivery, you must inform us in accordance with Condition 8.3.
4.5 If you fail to take delivery of the Product(s) or we are unable to deliver the Product(s) on time because you have not provided adequate delivery instructions, the Product(s) shall be returned to the supplier and a further delivery date will be arranged. You agree to meet the costs of any subsequent re-delivery.
4.6 We shall not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the date where the delay is caused by reasons outside of our control.
4.7 We shall not be liable for any non-delivery of Products unless you give written notice to us of the non-delivery within 3 days of the date when the Product(s) would in the ordinary course of events have been received. Our liability for non-delivery of Products shall be limited to replacing the Product(s) within a reasonable time.
4.8 Delivery to a different address other than the cardholders address is at our discretion.
5. RISK AND TITLE
5.1 The Products will be at your risk from the time of delivery.
5.2 Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Product(s), including delivery charges.
6. PRICE AND PAYMENT
6.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. Discounts for bulk purchases may be available on request.
6.2 These prices are shown as both exclusive and inclusive of VAT but exclude delivery costs, which will be added to the total amount due. Delivery is free for orders of over £100.00 (exclusive of VAT) and where delivery is to take place within the United Kingdom mainland. A delivery charge on orders of over £100.00 may apply to delivery to some remote postal areas depending on the location and the nature of the Products ordered. If such a delivery charge applies, we will notify you at the time of order. Please contact us for details of delivery charges to remote postal areas, overseas and to locations outside the United Kingdom mainland.
6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6.4 Our site contains a large number of Product(s) and it is always possible that, despite our best efforts, some of the Product(s) listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Products correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
6.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
6.6 Payment for all Products must be by credit card, debit card or cheque. We accept payment by most major credit/debit cards including Visa, Mastercard, Switch, Delta, Maestro and Solo. We also accept online payments via Paypal or Protx.
Where payment for Products is made by credit or debit cards issued outside the United Kingdom, such payment may be subject to an upper limit. Payment will be taken at the time of order. An order will not be dispatched until full payment has been received in respect of that order.
6.7 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
7. CONSUMER RIGHTS
7.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refunds Policy (set out in condition 9).
7.2 To cancel a Contract, you must inform us by email or in writing. You must also return the Product(s) (together with any instructions and accessories for the Product(s) and any premium offers or free gifts accompanying the Product(s)) to us (or our suppliers or manufacturers, as directed by us) immediately, in the same condition in which you received them, in the original packaging, and at your own cost and risk. In some cases, and at our discretion, we can arrange for the return of the Product(s) at your expense. You have a legal obligation to take reasonable care of any Product while it is in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.3 You will not have any right to cancel a Contract for the supply of any Products that have been altered or made to your specification or Products that have already been installed.
7.4 Details of this statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
8.1 We warrant to you that on delivery any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
8.2 Most Products purchased through our site carry a full manufacturer's guarantee or warranty. We shall endeavour to transfer to you the benefit of any warranty or guarantee given to us by the manufacturer of the Product(s) that you have purchased but we do not separately warrant the Products ourselves. Please note that the warranty or guarantee will not be valid if the Product is not installed by a registered installer (where applicable).
8.3 If you receive a Product that is damaged or defective (including a defect as a result of damage in transit) we shall, at your option, replace such Product, or refund to you the amount you paid for such Product (in accordance with our Refunds Policy set out in condition 9) provided that you notify us of such damage or defect by email or in writing within 7 days of delivery of the Product. We may require you to return such Product(s) to the supplier or manufacturer at our cost for an examination to take place.
8.4 Where a Product has been damaged whilst in your possession, or where we deem the complaint for the damaged or defective Product to be unjustified, we shall not be obliged to accept the return of such Product. In such circumstances, we will notify you that the Product is available for re-delivery and you shall be liable for any reasonable delivery charges incurred.
8.5 We shall not be liable for a breach of any of the warranties in condition 8.1 if:
(a) You make any further use of the Product(s) after giving such notice; or
(b) The defect arises because you (or a third party engaged by you) failed to follow the instructions as to the storage, installation, commissioning, use or maintenance of the Product(s) of (if there are none) good trade practice; or
(c) You alter or repair such Product(s).
8.6 If we comply with condition 8.3, we shall have no further liability for a breach of any of the warranties in condition 8.1 in respect of the Product(s).
9. OUR REFUNDS POLICY
9.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see Condition 7), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us (or our suppliers, as directed by us).
(b) for any other reason (for instance, because you have notified us in accordance with paragraph 19 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.2 When you return a Product to us outside the seven-day cooling off period (see Condition 7) (other than where a Product is damaged or defective on delivery), we may charge you a re-handling charge of up to a maximum of % of the value of the Product. We will endeavour to keep any re-handling charge to a minimum.
9.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.4 Any Product returned to us (other than where such Product is damaged or defective on delivery) must be in a fully resalable condition and in its original, undamaged packaging. If the Product has not been returned us in fully resalable condition, we reserve the right to refuse to refund the purchase price of the Product.
10. OUR LIABILITY
10.1 Subject to conditions 3, 4 and 8, the following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
(a) any breach of these conditions;
(b) any use made or resale by you of any of the Products, or of any product incorporating any of the Products; and
(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
10.2 Nothing in these conditions excludes or limits our liability:
(a) for death or personal injury caused by our negligence; or
(b) under section 2(3) of the Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for us to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
10.3 Subject to condition 10.2 and condition 10.3:
a) our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to £5,000,000 in relation to public and product liability and £1,000,00 in relation to liability for the acts or omissions of our employees, agents and sub-contractors; and
b) We shall not be liable to you for loss of profit, loss of business or depletion of goodwill in each case whether direct, indirect or consequential or any claims for consequential compensation whatsoever which arise out of or in connection with the Contract.
11. IMPORT DUTY
11.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Aquacheck engineering Limited at Charles House, Royle Barn road, Castleton, Rochdale, Lancs,OL11 3DT..We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24hours after an e-mail is sent, or three days after the date of posting of any letter. 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.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 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 events outside our reasonable control (a Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
(e) Impossibility of the use of public or private telecommunications networks
(f) The acts, decrees, legislation, regulations or restrictions of any government
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law
18 ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions
18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other partys only remedy shall be for breach of contract as provided in these terms and conditions
19 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within sevenworking days of receipt by you of the Products)
20 LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales