T & Cs
PHS Waterlogic Limited – Terms and Conditions for Sale
This page (together with the documents referred to on it) sets out the terms and conditions on which we supply any of the products (Products) listed on our website [PLEASE INSERT DOMAIN ADDRESS] (our site) to you. Please read these terms and conditions carefully before ordering information or any Products . You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
We recommend you print a copy of these terms and conditions for future reference.
Where ordering online, please click on the button marked "I Accept" at the end of these terms and conditions if you accept them (Contract). Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products or information from our site.
1. Information about us
1.1 [DOMAIN ADDRESS] is a site operated by [PHS Waterlogic Limited] (we). We are registered in England and Wales under company number 04068010 and with our registered office at Western Industrial Estate, Caerphilly, Mid Glamorgan, CF83 1XH. Our VAT number is 3805412
2. How the contract is formed between you and us
2.1 After you place a request for information, we will contact you by e-mail or by telephone acknowledging your request for information. We will arrange a meeting for a [customer care /sales person] to discuss your requirements.
2.2 If you place an order via the site, you will receive an e-mail from us acknowledging receipt of your request and arranging a meeting for a [customer care/sales person] to discuss your requirements. We will not be bound by any order, until we confirm our acceptance to you by signature of notification of dispatch of the Products including the total sum payable and the expected date for delivery of the Products (Dispatch Confirmation).
3. Availability and delivery
Unless there are exceptional circumstances beyond our control, we will fulfil your order by the delivery date specified in the Dispatch Confirmation. If no delivery date is specified, it will be fulfilled within a reasonable period of time.
4. Risk and title
4.1 The Products will be at your risk from the time of delivery and ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products including all delivery charges.
5. Price and payment
5.1 Unless expressly stated in writing by us all fees, charges and payments set out in the Contract are exclusive of VAT and delivery charges.
5.2 The prices listed on our site from time to time are indicative and will be confirmed when the Dispatch Confirmation is signed. Please note that we reserve the right to alter the price of the Product from the time of your original order or request for information and signature of the Dispatch Confirmation.
5.3 We will issue an invoice to you and payment will be due within 30 days of the date of invoice. Payment will be accepted by direct debit, credit card payment from an authorised personal or business card issued by [Switch, Delta, Mastercard or Visa].
5.4 You undertake that all details provided to us for the purpose of advance payment for the Products will be correct, that the credit or debit card, or any electronic cash, which you use is your property and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your credit or debit card details.
5.5 If you do not pay any sum due under the invoice issued by us, you will pay us [interest at the rate of (5) per cent] above the base rate of Bank Of Scotland on all arrears for each day following the due date until we receive payment in full.
6. Consumer rights
6.1 If you are a consumer, you may cancel the Contract at any time within seven (7) working days, beginning on the day after you received the Product(s). 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 clause 8).
6.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own risk. You must take reasonable care of the Products while they are in your possession. If you do not, we may have a right of action against you for compensation.
6.3 You will not have any right to cancel a Contract for the supply of any Products which have been clearly connected to the water supply or been used, save for where the Products are faulty.
6.4 This provision does not affect your statutory rights.
7. Our refunds policy
7.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 7.1), we will process the refund due to you including the cost of sending the item to you within 30 days of the day you have given notice of your cancellation; or
(b) because you claim that the Product is defective, we will examine the returned Product. If we agree that the Product is defective we will notify you of your refund via e-mail or correspondence by post within a reasonable period of time.
7.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8. Our liability
8.1 We warrant to you that any Product purchased from us is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
8.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to [the purchase price of the Product] you purchased. This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) For fraud or fraudulent misrepresentation; or
(c) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.3 We accept no liability for indirect or incidental losses (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
8.4 Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions, and we accept no liability for their products.
9. Maintenance
9.1 All maintenance, servicing and repair of Products will be carried out by [our] engineers under the terms of a separate service and maintenance agreement (Service and Maintenance Agreement).
10. Privacy
10.1 Any personally identifiable data about you which we collect will be treated by us in accordance with the requirements of the Data Protection Act and our Privacy Policy. [PLEASE INSERT LINK TO PRIVACY POLICY].
11. Our right to vary these terms and conditions
11.1 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.
11.2 You are advised to check these terms and conditions prior to placing any future order, as all orders will be subject to the policies and terms and conditions in force at the time that the order is placed, 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 seven working days of receipt by you of the Products)
12. General
12.1 We will have no liability to you if we are prevented from, or delayed in, performing our obligations or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
12.2 A waiver of any right under the terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given. Unless specifically provided otherwise, rights arising under the terms are cumulative and do not exclude rights provided by law.
12.3 The Contract is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns, and is not intended to benefit, or be enforceable by, anyone else.
12.4 If any provision of the Contract is found by any court of administrative body of a competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
12.5 If any invalid, unenforceable or illegal provisions would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
12.6 You shall not assign or otherwise transfer the Contract to any other person without obtaining our prior consent.
12.7 We reserve the right to assign all or part of the Contract at any time to any company or person.
This Agreement shall be governed by English law. The parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract.
