MAINTENANCE TERMS AND CONDITIONS - Aqua Perfecta

MAINTENANCE TERMS AND CONDITIONS

1. Introduction

1.1 We are Aqua Perfecta Trading ltd. Our company information is at the end of this document.

2. What this is all about – introduction to our terms and conditions

2.1 These are our terms and conditions which apply to our maintenance service. We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.

3. Some definitions

3.1 Here are some definitions which are used in this document (capitalised):

a) “Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.

b) “Product” – the purification / filtration or other product that you bought from us.

c) “Service” – our maintenance services.

4. Forming a contract with us

4.1 Your order is an offer to enter a legal contract with us to use our maintenance service.

4.2 You place your order by using the ordering process on our site. This involves sending your order to us by clicking on the “Pay Now” or equivalent button. You can check and amend any errors before making an order by using the change function and/or the internet browser back button.

4.3 We accept your offer and there is a binding legal contract when we send you a confirmation email.

4.4 Unless otherwise stated on our site, this contract is only valid if it is made within three months of your purchase of a product from us. If more than three months have passed, then the contract is invalid even if we have sent you a confirmation email accepting your offer.

5. Consumer right to cancel (“cooling off”)

5.1 If you are a Consumer, you have the right to cancel this contract subject to the information and instructions at the end of this document.

6. Changing our terms and conditions

6.1 We may change these terms and conditions by giving you at least 15 days’ notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will notify you by email and by posting the new version on our website.

6.2 If you don’t agree to the new terms, you can end this contract with effect from 15 days after our notice by emailing us within that period.

7. Payment

7.1 Payment is monthly or annually in advance or as otherwise stated on our website.

7.2 The prices shown on our website include any applicable VAT unless we say otherwise.

7.3 If we have mis-priced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.

7.4 Where stated on our Service when you signed up, your contract will continue to be auto-renewed for another 12-month period unless you end your contract before the contract renewal date as explained below. Ending the contract does not entitle you to a refund (unless Consumer cooling off rights apply). You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.

7.5 We may at any time change our maintenance prices. We will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should end the contract before the contract renewal date as explained below. Otherwise the next renewal after the one month’s notice will be at the new price.

7.6 You must contact us immediately with full details if you dispute any payment.

8. Our Service

8.1 Except where otherwise stated on our website, our Service comprises an annual visit to inspect and clean your Product and replace filters if necessary. It does not include any other maintenance or repair services unless specifically agreed with you.

8.2 We will aim to email you a reminder to book your annual maintenance visit, but it is ultimately your responsibility to contact us to book each annual maintenance visit during each 12 month period.

8.3 There is no charge if you change or cancel the maintenance appointment via our website on one occasion only and more than 24 hours in advance. We are entitled to charge you the cancellation fee shown on our website if: (1) if you cancel or change the appointment more than 24 hours beforehand on a second or later occasion or (2) at any time you cancel or change the appointment within 24 hours of the appointment or (3) the appointment is aborted because you are not present to admit the engineer or because you have broken this agreement. This clause does not affect any Consumer “cooling off” rights below.

8.4 We agree to provide our maintenance service with reasonable care and skill.

8.5 You agree to provide appropriate access to our engineers as well as a safe and suitable place to work including removing any moveable items from the immediate area. If our engineers have any concerns about their safety or security, they are entitled to suspend the installation until the concerns have been resolved.

8.6 You must ensure that engineers are allowed sufficient time to complete their work as explained on our site and we are entitled to charge you a reasonable additional fee if you end the appointment early and book an additional visit.

8.7 You must tell us immediately if you have any complaint relating to a maintenance visit.

9. Ending or suspending this contract

9.1 You may at any time end this contract by emailing us to the email address shown below. (This doesn’t entitle you to a refund unless you have Consumer “cooling off” rights, explained above.)

9.2 We are entitled at any time to end this contract or suspend our Service if:

a) you break this contract;

b) any fees payable by you are unpaid / unjustifiably charged back;

c) acting reasonably, we think that it is necessary to protect us or others;

d) we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or

e) you or anyone on your behalf acts inappropriately towards our staff or contractors.

9.3 We are entitled at any time to end this contract if we terminate our Service as a whole or if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.

9.4 If this contract ends:

a) Existing rights and liabilities are unaffected.

b) All clauses in this contract which are stated or intended to continue after termination will continue to apply.

10.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.

10.2 If you are a Consumer, we shall not be liable for any loss or damage where:

a) there is no breach of a legal duty owed to you by us;

b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);

c) (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or

d) such loss or damage relates to a business of yours.

10.3 If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer including claims made by other people arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

10.4 The following clauses apply only if you are not a Consumer:

a) Our liability of any kind (including our own negligence) for any act or omissions or series of connected acts or omissions is limited to the total fees paid or payable by you to us in connection with our Service in the 12 months before the act or omissions complained of.

b) In no event (including our own negligence) will we be liable for any:

· economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

· loss of goodwill or reputation;

· special, indirect or consequential losses; or

· damage to or loss of data

(even if we have been advised of the possibility of such losses).

c) You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.

d) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

e) This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

11. Events outside our control

11.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

12. Your personal information – our privacy policy applies

12.1 You acknowledge and agree that we may process your personal information in accordance with the terms of our Privacy Policy which is subject to change from time to time.

13. Transfer

13.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. You may not transfer any of your rights or duties under it without our prior written consent.

14. English law

14.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. Our email address is at the end of this document.

15. General but important stuff

15.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the

agreement shall continue to apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.

16. Complaints

16.1 If you have any complaints, please contact us via the contact details shown below.

17. Our company information

17.1 Company name: Aqua Perfecta Trading Ltd

17.2 Trading name: “Aqua Perfecta”

17.3 Place of incorporation: England

17.4 Company number: 13062397

17.5 Registered office: 22 Billet Street, Taunton, Somerset, TA1 3NG 17.6 Contact email address: [email protected]

17.7 Other contact information: See our website.

17.8 VAT number: 366700491

RIGHT TO CANCEL (“COOLING OFF”)

The following applies if you have the right to cancel this contract (as explained above):

Right to cancel

1. You have the right to cancel this contract within 14 days without giving any reason.

2. The cancellation period will expire after 14 days from the day of the conclusion of the contract.

3. To exercise the right to cancel, you must inform us Aqua Perfecta Trading Ltd, via the email address above (of your decision to cancel this contract by a clear statement). You may use the model cancellation form below but it is not obligatory.

4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

5. If you cancel this contract, we will reimburse to you all payments received from you.

6. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

7. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

8. If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.

MODEL CANCELLATION FORM

Complete and return this form only if you wish to cancel the contract:

— To Aqua Perfecta Trading Ltd, email address above:

— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],

— Ordered on [*]/received on [*],

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date

[*] Delete as appropriate

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