Terms and Conditions
TERMS & CONDITIONS
1.0 These Terms
1.1 That these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. 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.
2.0 Information About Us And How To Contact Us
2.1 Who we are. We are The Pure H2O Company Limited a company registered in England and Wales. Our company registration number is 02461213 and our registered office is at Unit C3 Fairoaks Airport, Chobham, Woking, Surrey GU24 8HU. Our principal place of business is Unit 21 Boundary Business Centre, Boundary Way, Woking, Surrey GU21 5DH. Our registered VAT number is 529 1866 19.
2.2 How to contact us. You can contact us by telephoning our customer service team on 01483 613566 or by writing to us at Unit 21 Boundary Business Centre, Boundary Way, Woking, GU215DH.
2.3 How we may contact you. 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 provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.0 Our Contract With You
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 We only sell to the UK. Our brochure and marketing material 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.
4.0 Our Products
4.1 Products may vary slightly from their pictures. The images of the products on our website and in our brochure are for illustrative purposes only. Although we have made every effort to ensure the colours are accurately represented, we cannot guarantee that a picture in our brochure or on our website accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website or in our brochure.
5.0 Our Rights To Make Changes
5.1 Minor changes to the products. We may change the product: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
6.0 Providing The Products
6.1 Delivery costs. The costs of delivery will be as notified to you before you place your order.
6.2 When we will provide the products.
6.3 During the order process we will let you know when we will provide the products to you. We are not responsible for delays outside our control. 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.
6.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 1000-1600 on weekdays (excluding public holidays).
6.5 If you are not at home when the product is delivered. 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 us.
6.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from us we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
6.7 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged such as installation services (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or rearrange access to your property we may end the contract and clause 10.2 will apply.
6.8 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
6.9 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 6.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.10 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 6.8 or clause 6.9, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, 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 01483 617000 or email us at firstname.lastname@example.org for a return label or to arrange collection
6.11 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us. 6.12 When you own goods. You own a product which is goods once we have received payment in full.
7.0 Your Rights To End The Contract
7.1 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:
(a) 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 (such as installation) re-performed or to get some or all of your money back), see clause 10;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
(c) If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.6.
7.2 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 clause 7.2 (a) to (d) 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:
(a) 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;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) 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 6 weeks; or
(d) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 6.8).
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought over the telephone, by mail order, by exchange of emails or off-premises you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. 7.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) products that are made to your specification or are clearly personalised;
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(c) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(d) any products which become mixed inseparably with other items after their delivery.
7.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought goods for example, RODI-S, Quatreau or our AS range of water softeners, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) 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.
(b) If we are providing installation services for example [the installation of the RODI-S, Quatreau or our range of water softeners], if so you have 14 days after the latter of (i) the day you (or someone you nominate) received the goods; or (ii) the day we contact you to confirm that we accept your order. However once we have completed the installation you cannot change your mind, even if the period referred to above in clause 7.5(b) 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.
7.6 Ending the contract where we are not at fault and there is no right to change your mind under clause 7.3. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1 and 7.3), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered 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 a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
8.0 OUR GOODWILL GUARANTEE.
8.1 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by The Pure H2O Company Limited of Unit 21 Boundary Business Centre, Boundary Way, Woking, Surrey GU21 5DH to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. The goodwill guarantee and the provisions of clauses 8.1 to 8.11of these terms do not affect your legal rights in relation to faulty or misdescribed products (see clause 11.2) and are in addition to those rights.
8.2 Subject to the following provisions of this clause 8, we warrant that upon delivery and for a period of 12 months from the date of delivery, the goods supplied shall correspond with their specification and be of satisfactory quality and fit for any purpose made known to us in writing at the time of placing the order within the meaning of the Consumer Rights Act 2015, be free from material defects in design, material and workmanship and will comply with all applicable statutory and regulatory requirements relating to the goods supplied.
8.3 Subject to clause 8.4 where the Goods have been manufactured by us if:
(a) you give written notice to us during the warranty period referred to in clause 8.2 within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 8.2;
(b) we are given a reasonably opportunity of examining such goods; and
(c) you (if asked to by us) return such goods to our place of business at our cost we shall, at our option, repair or replace the defective goods.
8.4 We shall not be liable for the goods failure to comply with the warranty set out in clause 8.2 in any of the following events:-
(a) you make any further use of such goods after giving such notice in accordance with clause 8.3(a);
(b) the defect arises from your failure to comply with our oral or written instructions as to storage, installation, commissioning, use or maintenance of goods or in accordance with good trade practice regarding the same;
(c) you alter or repair the goods without the written consent of us;
(d) the defect arises as a result of us following any drawing or design or specification supplied by you;
(e) the defect arises as a result of fair wear and tear, willful damage, negligence, abnormal storage of working conditions or other items leaking on to our goods; or
(f) the goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
8.5 Any goods to be replaced under Clause 8.3 shall belong to us and be delivered to us at our expense.
8.6 Where the goods have been manufactured by a third party we shall where possible pass on to you the benefit of any warranty in respect of the goods granted to us by such third party.
8.7 Our obligations under clause 8.3 shall not extend to parts, materials or equipment not manufactured by us, in respect of which you will only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to us in the circumstances as set out in clause 8.6.
8.8 Except as provided in this clause 8 we shall no liability to you in respect of the goods’ failure to comply with the warranty set out in clause 8.2. 8.9 These Terms shall apply to any repaired or replacement goods supplied by us.
9.0 How To End The Contract With Us (including if you have changed your mind in accordance with clause 7.3)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 01483 617000 or email us at email@example.com. Please provide details of what you bought, when you ordered or received it and your name and address.
(b) By post. Simply write to us at 21, Boundary Business Centre, Boundary Way, Woking GU21 5DH including details of what you bought, when you ordered or received it and your name and address.
(c) If you have changed your mind within 14 days in accordance with clause 7.3 in addition to the above methods you can use the model cancellation form set out in the schedule if you wish but it is not obligatory.
9.2 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. As the goods are not suitable for posting you must allow us to collect them from you. Please call customer services on 01483 617000 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.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) 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
(c) if you are exercising your right to change your mind in respect of goods which were delivered to your home when the contract was entered into and the goods are not suitable for posting. In all other circumstances you must pay the costs of return.
9.4 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, as [told to you over the telephone OR set out in our brochure OR on our website OR told to you in the course of email exchanges] and such direct costs will include a charge for the collection and de-installation.
9.5 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.
9.6 Deductions from refunds if you are exercising your right to change your mind under clause 7.3. If you are exercising your right to change your mind:
(a) 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. See our brochure 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.
(b) 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.
9.7 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:
(a) 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 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10.0 There Is A Problem With The Product
10.1 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 on 01483 617000 or write to us at 21, Boundary Business Centre, Boundary Way, Woking GU21 5DH
10.2 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 a water purifier the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following: • up to 30 days: if your item is faulty, then you can get an immediate refund.
• up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
• up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back. If your product is services, for example installation, the Consumer Rights Act 2015 says:
• 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 upfront, what you’re asked to pay must be reasonable.
• if you haven’t agreed a time upfront, it must be carried out within a reasonable time.
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products as they are not suitable for posting you must allow us to collect them from you. We will pay the costs of collection. Please call customer services on 01483 617000 or email email@example.com or wrtite to us at 21, Boundary Business Centre, Boundary Way, Woking GU21 5DH for a return label or to arrange collection. 10.4 To be able to rely on your legal right as mentioned in clause 10.2 you must be able to prove that the item is faulty. If we request it you must within a reasonable time, allow us access to your premises to inspect the item and run tests as appropriate. We may at our discretion video record this testing procedure.
11.0 Price And Payment
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price as [told to you over the telephone OR set out in our brochure OR on our website OR told to you in the course of email exchanges OR in our most recent price list, as provided to you OR on your order form]. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we 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 end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 When you must pay and how you must pay. We accept payment by cleared funds transfer to our bank account or by most credit and debit cards (other than AMEX). When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
11.5 We can charge interest if you pay late. 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 3% a year above the base lending rate of Barclays Bank PLC 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.
11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12.0 Our Responsibility For Loss Or Damage Suffered By You
12.1 We are responsible to you for foreseeable loss and damage caused by us. 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.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 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 11.2; and for defective products under the Consumer Protection Act 1987.
12.3 When we are liable for damage to your property. If we are providing services in your property such as installation services, 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 preexisting faults or damage to your property that we discover while providing the services.
12.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.0 How We May Use Your Personal Information
13.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed 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. 13.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
14.0 Other Important Terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if the goods are to be removed or reinstalled by anyone other than a technician trained by us. However, you may transfer our guarantee at clause 8 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by a letter signed by you.
14.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.