Sale Terms and Conditions - Aqua Perfecta

Sale Terms and Conditions

1. Who we are

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 when you buy goods and services from us. (Separate terms apply to use of our site.) 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 are available in English only.

3. Consumers – definition

3.1 Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.

4. Who can buy on our site

4.1 You are not allowed to buy any goods or services via this site if you are located outside the UK.

4.2 You are not allowed to buy any goods via this site if your main purpose is to use them to infringe our intellectual property or other legal rights.

4.3 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.

5. Changing our terms and conditions

5.1 We may change these terms and conditions at any time. Please check them carefully as they will apply to anything you buy after the effective date shown at the top.

6. Minor variations

6.1 We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct. We have made reasonable efforts to display as accurately as possible the appearance of our goods. However, there may be minor differences between the actual goods and the way that they appear on our website. For example, the colour tone may differ.

6.2 The labelling or packaging of the goods you receive may differ from the images of these which you see on our site.

7. Your obligations

7.1 Before placing your order, you must check carefully that there is sufficient space to install any products that require installation based on the product dimensions and other guidelines on our website.

7.2 You must ensure that all information you supply to us in connection with your order is correct and complete and that you tell us immediately if there are any changes.

7.3 You promise to comply promptly with our reasonable requests for information and to generally provide us with reasonable co-operation in relation to our supply of goods and/or services to you.

8. Forming a contract with us

8.1 Your order is an offer to buy from us.

8.2 You place your order by using the ordering process on our site. This involves selecting the goods (and installation date/time if applicable) and sending your order to us by clicking on the “Pay Now” button. You can check and amend any mistake before making an order by using the change function and/or the internet browser back button.

8.3 We accept your offer and there is a binding legal contract when we send you a confirmation email. However, we are not obliged to supply any goods which are unavailable, even if we have accepted your offer. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.

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

9.1 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.

10. Price and payment

10.1 The price is as stated on our website and this includes the cost of installation if applicable. Any VAT is included in any price shown.

10.2 If we charge for delivery, these costs will be shown when you place your order and may depend on the delivery method chosen.

10.3 You must pay in advance by one of the payment methods listed on our site. We are entitled not to send the goods until we have received full payment in cleared funds.

10.4 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we tell you before we send it off. If we do, then you can decide if you want to order the item at the right price but, if you do not, we will provide a full refund of any payments already made.

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

10.6 If any amount due to us is unpaid, or unjustifiably charged back, we may end or suspend this agreement by email notice.

10.7 You authorise us and our third party payment provider take payment and/or to charge your payment card for the relevant amounts and at the relevant times. It is your responsibility to update your payment card details as necessary.

11. Delivery

11.1 If stated on our website, the installer will bring the product and install it. This section applies if we have told you that we are delivering the product to you.

11.2 Delivery is only to the UK and is otherwise subject to any restrictions we have explained. We reserve the right to cancel any order from outside the UK (even if there is a binding contract).

11.3 Unless we say otherwise, delivery timescales on our website are estimates only. We are not responsible for delays in delivery (a) if due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay or (b) if you have failed to supply us with adequate delivery instructions.

11.4 If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to immediately contact the courier to arrange re-delivery. If nobody is available to receive the goods, we reserve the right to leave them at the doorstep, hall or reception as available, or with a neighbour.

11.5 If the goods can’t be delivered because you haven’t complied with our agreement (e.g., giving us the wrong delivery address, not contacting the courier to arrange re-delivery after an unsuccessful delivery attempt) and are sent back to us, you must pay us the amount of any resulting courier or warehouse fees that we have to pay other people. We can insist that such costs be paid before we arrange re-delivery and/or add them to any future order you make and/or to deduct them from any refund (to the extent legally allowed).

11.6 This paragraph applies only if you are not a Consumer: You undertake to inspect all goods immediately on receipt and within seven days you must give notice in writing in detail of any damage or any ground on which you allege that the goods are not in accordance with this agreement. If you fail to give such notice, the goods shall be conclusively presumed to be in all respects in accordance with this agreement and free from any defect which would be apparent on reasonable examination of the goods and you shall be deemed to have accepted the goods accordingly. If you do give notice under this clause, we shall be given a reasonable opportunity after receiving such notice to examine the relevant goods and (if we ask you) you shall send the relevant goods at your expense to the location specified by us to enable the examination to take place.

12. Installation

12.1 We recommend that you use our installation service for our products that require installation. If not, you are responsible for ensuring that the product is installed by a person who has the appropriate qualifications, skills, experience and expertise and you acknowledge that any such installation is at your own risk.

12.2 For certain kinds of countertops as explained on our website (including marble and granite), it is your responsibility to arrange an initial appointment with a specialist driller via our website. We are entitled to charge you if an installation has to be aborted because you have not done so – see below.

12.3 There is no charge if you change or cancel the installation appointment via our website on one occasion only and more than 24 hours in advance. We are entitled to charge you the service 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 installer or because you have broken this agreement (e.g. by not first booking a necessary appointment with a specialist driller or ordering a product that does not fit in the installation location). This clause does not affect any Consumer “cooling off” rights below.

12.4 We agree to provide our installation service with reasonable care and skill.

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

12.6 We are entitled to cancel an installation if when we attend we consider that the premises are unsuitable for installation of the product. If so, we will make a full refund unless it was reasonable for you to have told us about the relevant issue beforehand. If so, we are entitled to deduct a reasonable installation fee from the refund.

12.7 You must ensure that installers 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.

12.8 You must tell us immediately if you have any complaint relating to an installation.

13. Use of the products

13.1 It is your responsibility to ensure that products are used and maintained in accordance with the product instructions and with all applicable laws and regulations.

14. Manufacturer guarantees

14.1 The goods that we sell may be subject to a manufacturer’s guarantee. If so, please read the term and conditions of those guarantees.

14.2 A manufacturer’s guarantee does not affect your legal rights as a Consumer. You can get advice about your legal rights from your local Trading Standards office or Citizens’ Advice Bureau.

15.1 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..

15.2 The following clauses apply only if you are a Consumer:

a) We are under a legal duty to supply goods that are in conformity with the contract. Nothing in our agreement affects your legal rights relating to goods that don’t conform with the contract, whether because they are faulty, not

as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens’ Advice Bureau.

b) We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:

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

· 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);

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

· such loss or damage relates to a business of yours (as we do not intend for goods bought by Consumers to be used for business).

c) You will be responsible to us for any reasonably foreseeable loss or damage we suffer including claims made by other people arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).

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

a) Our total aggregate liability of any kind (including for our own negligence) is limited to the price paid for our goods and services.

b) In no event (including for 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 breach of this agreement.

d) We warrant that the goods shall be of satisfactory quality.

e) 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.

f) 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.

16. Events outside our control

16.1 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.

17. Your personal information – our privacy policy applies

17.1 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.

18. English law and courts

18.1 These terms and conditions shall be governed by 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.

19. General but important information

19.1 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 either of us overlooks any breach of this agreement by the other, it can still be actioned later. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as stated otherwise.

20. Complaints

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

21. Our company information

21.1 Company name: Aqua Perfecta Trading Ltd

21.2 Trading name: “Aqua Perfecta”

21.3 Place of incorporation: England

21.4 Company number: 13062397

21.5 Registered address: 22 Billet Street, Taunton, Somerset, TA1 3NG 21.6 Contact email address: [email protected]

21.7 Other contact information: See our website.

21.8 VAT number: 366700491

RIGHT TO CANCEL (“COOLING OFF”)

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

Right to cancel

1. You have the right to cancel this contract within 100 days without giving any reason.

2. The cancellation period will expire after 100 days from the day on which you acquire physical possession of the goods.

3. To exercise the right to cancel, you must inform us 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 including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

6. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

7. We will make the reimbursement without undue delay, and not later than:

a) 14 days after the day we receive back from you any goods supplied, or

b) (if earlier) 14 days after the day you provide evidence that you have returned the goods.

8. 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. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

9. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

10. You will bear the direct cost of returning the goods.

11. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. (This may mean for example that we are entitled to make a deduction if you return an uninstalled product.)

12. If you requested us to begin the performance of services (i.e. installation) 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. (This means that we are entitled to deduct a reasonable installation fee if we have installed the product.)

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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