Last updated 5th November 2006.
These policies are subject to change and supersede any previously issued in writing or via this website. Please print out and ensure that you understand the documents. Should you have any queries on any of these policies, please feel free to contact BrightWater Environmental Ltd.
TERMS AND CONDITIONS OF USE OF www.bwater.eu
ACCEPTANCE OF TERMS
Your access to and use of www.bwater.eu (“the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
CHANGES TO WEBSITE
www.bwater.eu reserves the right to:
change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that www.bwater.eu shall not be liable to you for any such change or removal; and
change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
- All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to www.bwater.eu or otherwise used by www.bwater.eu as permitted by law.
In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
DISCLAIMERS AND LIMITATION OF LIABILITY
- The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- To the extent permitted by law, www.bwater.eu will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
- www.bwater.eu makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
- Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of www.bwater.eu for death or personal injury as a result of the negligence of www.bwater.eu or that of its employees or agents.
You agree to indemnify and hold www.bwater.eu and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against www.bwater.eu arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
www.bwater.eu is committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of the data protection legislation in the UK.
The purpose of this statement is to explain to you what personal information we collect and how we may use it.
When you order, we need to know your name, address, email address and card details. This allows us to process and fulfil your order. You have the option to withhold personal information that is not required for the order process.
We use your personal information solely for payment and billing purposes.We will only contact you with your consent.
We do not sell, rent or exchange your personal information with any third party for commercial reasons, beyond the essential requirement for credit/debit card validation during purchase.
We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access in accordance with the UK data protection legislation.
We do not collect sensitive information about you except when you specifically knowingly provide it. In order to maintain the accuracy of our database, you can check, update or remove your personal details by sending an email to email@example.com.
We use a technology called “cookies” as part of a normal business procedure to track patterns of behaviour of visitors to our site. A cookie is an element of data that our Website sends to your browser which is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.
In order to process credit/debit card transactions, the bank or card processing agency may require to verify your personal details for authorisation outside the EEA (European Economic Area). Your information will not be transferred outside the EEA for any other purpose.
If you have any questions about privacy please contact us at firstname.lastname@example.org.
TERMS AND CONDITIONS OF SALE OF www.bwater.eu
- “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
- “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
- “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
- “Goods” means the articles that the Buyer agrees to buy from the Seller;
- “Seller” means www.bwater.eu of BrightWater Environmental Ltd,BrightWater House,36 Thomas Way, Lakesview Business Park, Canterbury, Kent, CT3 4JZ;
- “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
- Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
- These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
- Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
- Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
- All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
- Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
- When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.
PRICE AND PAYMENT
- The Price of the Goods shall be that stipulated on the Seller’s Website. The Price is exclusive of VAT. The Price excludes delivery charges.
- The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order
- 3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
- 4 Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods.
RIGHTS OF SELLER
- 1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
- 2 The Seller reserves the right to withdraw any goods from the Website at any time.
- 3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
AGE OF CONSENT
- Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
- If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose
- Goods supplied within the UK will normally be delivered within 60 working days of acceptance of order
- Goods supplied outside the UK will normally be delivered within 60 working days of acceptance of order
- Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund
- The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date
- Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery
- Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods
CANCELLATION AND RETURN
- The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller phone or email within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods
- Where a claim of defect or damage is made the Seller shall be responsible for the recovery of the Goods from the Buyer. The Buyer shall be entitled to a full refund (including delivery costs) if the Goods are in fact defective
- If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller phone or email within 7 working days of receipt of the Goods
- In the event of cancellation, the Seller shall be responsible for the recovery of the Goods from the Buyer and the Seller shall inform the Buyer within 21 days of cancellation of the date when the Seller will collect the Goods. The Buyer will be under a duty to take care of the Goods until they have been recovered. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) within 30 days of cancellation
- Goods to be returned must clearly show the order number obtained from the Seller on the package
- Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage
LIMITATION OF LIABILITY
- 1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever
- 2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated
CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time. but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.