Terms & Conditions - Consumer These terms and conditions are for consumers only. If you are a business customer, the terms and conditions for trade buyers available at Trade Terms and Conditions. Introduction This page tells you the terms and conditions on which we will supply you with Goods from our website at www.h2oiq.co.uk. Please read these them carefully before ordering, and before each occasion on which you purchase from us. By placing an order you agree to be bound by these Terms and Conditions (including any hyper-linked sections). These Terms and Conditions were updated on 26th March 2020. We reserve the right to make changes to them in future. Any changes will be posted to the Website and will take effect immediately. You may want to print a copy of these Terms and Conditions for future reference. 1.1 In these Terms and Conditions (unless the context otherwise requires): Consumer means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession Contract means any contract for the sale and purchase of the Goods made between you and us Goods means the products, articles or things to be supplied by us to you Return of Goods means the policy detailed at Clause 12 that deals with the return of Goods by you to us Territory has the meaning as set out in Clause 6.1 we means H2oiq Limited, a company registered in England and Wales with company number 11706601 and whose registered office is at Chaperly, Walkers Lane, Whittington, Worcestershire, WR5 2RD and whose VAT registration number is 315719893 and “us” and “our” shall be construed accordingly; you means the Consumer that places an order with us and “your” shall be construed accordingly. 1.2 The headings to the Terms and Conditions are intended for reference only and are not intended to affect interpretation of the Terms and Conditions. 1.3 References to any laws are intended to refer to that law as from time to time amended, extended or re-enacted. 1.4 These Terms and Conditions, and any Contract, are only in the English Language Information about us 2.1 The Website is owned and operated by us and our contact details are: (a) Chaperly, Walkers Lane, Whittington, Worcestershire, WR5 2RD (b) Email: email@example.com; (c) Contact Centre telephone number: 0800 368 8815 Your Status 3.1 In placing an order with us, you confirm that: (a) you are legally capable of entering into binding contracts (b) you are at least 18 years old (c) you are resident in the Territory (see Clause 6.1 below); and (d) you are accessing the Website from within the Territory (see Clause 6.1 below). Basis of the Sale 4.1 These Terms and Conditions (including the Return of Goods Policy) shall be incorporated into each Contract made between us and you. 4.2 All sizes, weights, capacities, dimensions and measurements and images issued by us or displayed by us on our Website, are approximate and for guidance purposes only and any reference to them, or any other representation of any Goods, is not intended to form the basis of any Contract. Orders 5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Once you have chosen the Goods you wish to purchase from the Website you will select to have the Goods delivered, no collection is available at this time. You are responsible for ensuring the accuracy of your order. Our order process allows you to check and amend any errors before submitting your order to us. Following an order being placed by you, we will send an e-mail acknowledging that such order has been received. This e-mail does not constitute an acceptance of your order and all orders are subject to acceptance by us in accordance with Clauses 5.2 (in the case of Goods for delivery) and 5.3 (in the case of Goods for collection) below. We reserve the right to reject an order for any reason. 5.2 In the case of Goods for delivery, we will contact you to confirm a convenient delivery time and date. We are not able to process or deliver orders on UK Bank Holidays, Saturdays and Sundays and days designated for stock take. Your order will be accepted, and the Contract will be formed between you and us (and becomes legally binding) at the point at which we notify you that we have dispatched the Goods to you unless: (i) we have notified you that we do not accept your order (ii) you have cancelled it (Please refer to the Returns and Refunds Clause below); or We cannot accept an order until payment is received in full for all Goods and any related delivery charges. 5.3 Goods are not available for collection. 5.4 All orders are subject to stock availability and we reserve the right to correct obvious errors on our Website. If we are unable to supply any Goods that you have ordered, for example because the Goods are not in stock or because of an error in the price on our Website, we will inform you as soon as possible. In the event that an out of stock item of Goods is part of your order, we will contact you using the contact details provided in your order to give you the option of amending your order to include only those Goods that we have in stock, in which case we will refund the purchase price of the out-of-stock or incorrectly priced Goods where payment has already been made. 5.5 We intend to rely on the written terms set out in these Terms and Conditions. If you require any changes, please make sure that you ask for these to be put in writing. In that way, we can avoid any problems surrounding what we and you are required to do. Delivery 6.1 The Website is only for the promotion of our products in the United Kingdom, Channel Islands and Isle of Man (the Territory). We do not guarantee that we will deliver to customers outside of the Territory. Additional delivery charges may be applicable for certain Goods or for deliveries to certain locations within the Territory. Such charges will be made clear to you before the Goods are supplied. If you require delivery outside of the Territory, please contact us to discuss whether we are able to deliver to the required delivery location and, if so, what the delivery charges will be. We reserve the right to refuse to accept orders from, or deliver products to, customers outside of the Territory. 6.2 We will deliver the Goods to the address specified for delivery by you in your order. It is important that this address is accurate and you are responsible for ensuring that it is. 6.3 We aim to provide you with an accurate date on which the Goods will be ready for delivery (as applicable). All delivery times and dates are estimates. We will try our best to meet the delivery estimates we have given you but shall not be responsible for any failure to deliver Goods within these time frames. We will let you know if we cannot deliver your products within 30 days of the date of your order and give you the opportunity to either wait for the Goods or cancel your order. (a) All delivery times and dates are estimates. This includes any indication of the length of time it will take us to deliver your order that we give you, both as you progress through our shopping pages before you place your order, and when we confirm your order (b) Whilst we will try our best to meet the delivery estimates we have given you we shall not be responsible for any failure to deliver Goods within these timeframes. We will let you know if we cannot deliver your Goods within 30 days of the date of your order and give you the opportunity to choose to either cancel your order or give us a new deadline for delivery. You can cancel your order if we do not meet the new deadline (c) If you do choose to cancel your order for late delivery, we will refund any sums you have paid to us for the cancelled Goods and their delivery and, if the Goods have been delivered to you. 6.4 We will not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the estimated delivery date. We strongly recommend that you do not book fitters or tradesmen until the Goods have been delivered and checked by you. 6.5 When Goods are to be delivered and a delivery date has been arranged, you must ensure that someone is available at the address to accept the delivery. All deliveries must be received and signed for by a person over the age of 18. 6.6 We will always try to make one single delivery to you wherever possible to minimise any inconvenience. This means that when an order contains a mix of products with different delivery lead times, the longest lead time will apply to the whole order. This does not apply where you have specified that you will accept multiple deliveries during the order process on the Website. We reserve the right to deliver by way of instalments. 6.7 If we are unable to deliver your Goods on arrival at the delivery address for any reason, we will retain possession of the Goods and attempt to contact you for instructions. You have 30 days to take delivery of the Goods from the day on which we contact you for instructions, unless we reasonably consider the Goods are too bulky or valuable for us to store for 30 days, in which case you will have 15 days from the date on which we contact you for instructions. After this deadline has expired (including where redelivery is arranged and you are unavailable to take the redelivery), we may cancel the order and refund the purchase price, excluding any delivery charges. An additional charge for any return or re-delivery will be made in accordance with the standard delivery charges on our Website. Loss or Damage to Goods 7.1 We request that you examine the Goods on delivery as soon as reasonably possible to do so. 7.2 Where you wish to return Goods because they are damaged or defective, we request that you do so in accordance with our Return of Goods Policy. Price 8.1 The price of the Goods and our standard charges for delivery shall be the prices given on the Website from time to time and as confirmed by us in our email sent to you in accordance with Clause 5.1 acknowledging that an order has been received. Such e-mail shall include any additional costs in respect of carriage, insurance, and/or storage (less any discount we allow). As stated in Clause 6.1 above, additional delivery charges may be applicable for certain Goods or for deliveries to certain locations within the Territory. We will notify you where such charges apply before the Goods are supplied and give you the opportunity to either accept the additional charges or cancel your order. 8.2 Prices of Goods or delivery charges as given on the Website are liable to change at any time. In addition, while we will try to ensure that all prices in our literature or on our website are accurate, errors may occur, or the price may change for reasons beyond our control. If we do need to increase the price of the Goods (whether because we have discovered an error or for other reasons) then we may do so as long as we inform you as soon as possible and in any event before we notify you we have dispatched the Goods to you in accordance with Clause 5.2 or made them available in accordance with clause 5.3. In these circumstances, we will give you the option of either reconfirming your order at the correct price or cancelling it. 8.3 We will not change the price of our Goods, in relation to orders for which we have already contacted you to confirm the dispatch of the Goods in accordance with Clause 5.2 or where we have notified you that the Goods can be collected in accordance with Clause 5.3. 8.4 If we are unable to contact you pursuant to Clause 8.2 above using the contact details you provided during the order process, we will treat the order as cancelled. In these circumstances if we do contact you pursuant to Clause 8.2 and you decide to cancel your order then, if you have already paid for the Goods, we will give you a full refund. 8.5 The price of the Goods is inclusive of VAT. 8.6 Payment for all Goods and delivery charges must be made by PayPal, credit or debit card at the time the order is placed in the case. The Website will specify which cards we will accept from time to time. If it is not possible to obtain the full payment for the Goods and any delivery charges from the payment details, you provided then the Contract can be cancelled by us and any further deliveries may be suspended. Risk and Property 9.1 The Goods will be your responsibility where Goods are to be delivered to you, at the time we deliver them to the address you gave us. 9.2 You own the Goods once we have received payment in full and cleared funds for all sums due from you under the Contract, including all applicable delivery charges, or when responsibility for the Goods passes to you under clause 9.1, if that happens later than you making payment. Events Outside our Control 10.1 If we are unable to supply you with the Goods you have ordered for any reason beyond our control and it is necessary to make alternative arrangements or offer you a substitute product, we will notify you and you will have the option to either accept the replacement product or cancel your order and receive a full refund. Warranty and Liability 11.1 Subject to Clause 11.2, we offer a warranty to you that any Goods purchased from us through the Website will, on delivery and for the following 12 months, conform in all material respects with their description, be of satisfactory quality, and be reasonably fit for all the purposes for which goods of that kind are commonly supplied. 11.2 We shall have no liability under the warranty provided in Clause 11.1 for: (a) any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval; or (b) any attempt made by you or any third party to remedy a defect before the Goods in question have been returned to us for inspection (if so required). 11.3 This warranty is in addition to, and does not affect, your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. 11.4 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. 11.5 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 11.6 We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence (b) fraud or fraudulent misrepresentations. Returns and Refunds This Clause 12 does not affect your legal rights, and further advice can be obtained from the Citizens Advice Bureau or Trading Standards office. 12.1 You have a legal right to cancel a Contract during the period set out below in Clause 12.2. However, this cancellation right does not apply in the case of the following Goods (unless they are faulty): (a) Goods made to your specifications or Goods which are either clearly personalised or which we identify as non-stocked goods ordered at your request (“Special Order Goods”). We will contact you to let you know if your order contains any such items (b) sealed sensitive electronic Goods (e.g. boiler printed circuit boards) if sealed packages have been opened (c) Goods that have been fitted; and (d) any Goods which become mixed inseparably with other items after their delivery. 12.2 Your legal right to cancel a Contract starts from the date on which we notify you either that we have dispatched the Goods in accordance with Clause 5.2 or that they are available for collection in accordance with Clause 5.3. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below: Your Contract Your Contract is for a single item of Goods (which is not delivered in instalments on separate days). Your Contract is for either of the following: • one item of Goods which is delivered in instalments on separate days. • multiple Goods which are delivered on separate days Your Contract is for the regular delivery of Goods over a set period End of the cancellation period The end date is the end of 14 days after the day on which you receive the Goods. The end date is 14 days after the day on which you receive the last instalment of the Goods or the last of the separate Goods ordered. The end date is 14 days after the day on which you receive the first delivery of the Goods. 12.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form If you use this method, we will e-mail you to confirm we have received your cancellation. You can also e-mail us at firstname.lastname@example.org, contact our Customer Services team by telephone on 0800 368 8815. If you are e-mailing us or writing to us, please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. 12.4 If you cancel your Contract we will: (a) refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods (e.g. it goes beyond the sort of handling that might reasonably be allowed in a shop. 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) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). (c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below: (i) if you have received the Goods and we have not offered to collect them from you: 14 days after the day on which we receive the Goods back from you or, if earlier, 14 days from the day on which you provide us with evidence that you have sent the Goods back to us; (ii) if you have not received the Goods or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract. 12.5 We will refund you via the same means of payment as you used to pay for the Goods 12.6 If the Goods have been delivered to you before you decide to cancel your Contract: (a) then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Unless otherwise agreed with us, you can send them back. Before returning any Goods you must contact us either by: (i) email on email@example.com; or (ii) telephoning 0800 368 8815; or Where Goods have been damaged whilst in your possession we shall not be obliged to accept the return of those Goods. In such circumstances, we will notify you that the Goods are available for re-delivery for which you shall be liable for any reasonable delivery charges incurred. (b) unless the Goods are faulty or not as described (in this case, see Clause 12.7), you will be responsible for the cost of returning the Goods to us. If the Goods cannot be returned by post, we estimate that if you use the carrier which delivered the Goods to you, these costs should not exceed the sums we charged you for delivery; (c) we request that you return all the original packaging where possible to do so and that you supply the advice note accompanying the Goods or other proof of purchase (and for the avoidance of doubt a copy of the email confirming details of the order will not be sufficient for these purposes); and (d) as you are responsible for the Goods until they are returned to us, we ask that you please ensure that you obtain adequate proof of postage with adequate insurance in place. 12.7 Because you are a consumer, we are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. If the Goods are faulty or misdescribed you may have a legal right to end the Contract (or to get the Goods repaired or replaced or to get some or all of your money back). These legal rights are not affected by your right of return and refund in this Clause 12 or anything else in these Terms and Conditions. If you wish to exercise your legal rights to reject Goods 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. General 13.1 When using the Website you accept that communication with us will be mainly via electronic means. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order, or by posting notices on the Website. When we refer, in these Terms and Conditions, to "in writing", this will include e-mail. This Clause does not affect your legal rights. 13.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at firstname.lastname@example.org or by writing to us at Chapelry, Walkers Lane, Whittington, Worcestershire, WR5 2RD, quoting the reference “FAO Online Contact Centre”. We will try to resolve any complaints that you have as soon as possible. If you are unhappy with our final response, you may access the European Commission's Online Dispute Resolution Portal available at http://ec.europa.eu/consumers/odr/ 13.3 We will not be liable or responsible for any delay or failure to perform any of our obligations under a Contract if the delay or failure to perform is due to a cause beyond our reasonable control (e.g. strikes or other industrial action by third parties, terrorist attack or threat of terrorist attack, fire, explosion, flood, subsidence or other natural disaster, or impossibility of the use of railways, shipping or other modes of transport). 13.4 This Contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you give the Goods to a friend, family member or other person as a gift (i.e. for no value in return), that person will have the benefit of our warranty at Clause 11, but we and you will not need their consent to cancel or make any changes to the Contract (including varying these Terms and Conditions). 13.5 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions. Except as provided for in Clause 13.4, you may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing. 13.6 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a failure by you to comply with the Contract, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 13.7 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. 13.8 These Terms and Conditions are governed by English law. This means that a Contract and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland 13.9 We reserve the right to monitor and record telephone calls our staff receives and make in order to monitor staff performance and ensure the highest service possible to our customers.