Terms and Conditions

/Terms and Conditions
Terms and Conditions2018-08-23T16:31:57+00:00

Read through these terms & conditions carefully before using this website as your use of the website will be signify your agreement to be bound by them.

General

We reserve the right to change these terms and conditions at any time. Any such changes will take effect from when they are posted on the website and it is your responsibility to read the terms and conditions on each occasion that you use the website. Your continued use of the website that signify your acceptance to be bound by the latest terms & conditions.

Order Process

By submitting any order on this website, you are confirming that you are either the owner or have the owner’s permission

Once you have placed your order the confirmation stage sets out the final details of your order. Following this, we shall send you an order acknowledgement email detailing the products you have ordered. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us.

It is the responsibility of the customer to get authorization to use copyrighted or trademarked design or appearance (‘Intellectual Property Rights’) on any of our products. Any licensing fees arising out of the above are the responsibility of the customer. By placing an order, you warrant that you own or are authorised to use the Intellectual Property Rights free from any claims or encumbrances.

Delivery

This website is only for delivery of products to customers on the United Kingdom mainland. Please note that we do not deliver to BFPO addresses.

If the postcode or any part of the address is entered incorrectly, delays or delivery failures may result.

Estimated timescales are specified when you place an order prior to payment. These timescales are subject to stock availability and from the date your order is processed. We make every effort to deliver goods within the estimated timescales, time is not of the essence of any contract.

Delivery charges and delivery time
(Please note: Working days do not include Saturdays, Sundays or UK Bank Holidays)

We shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond its reasonable control (Force Majeure Event), including but not limited to any of the following:

(a) Acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster;
(b) war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
(c) terrorist attack, civil war, civil commotion or riots;
(d) nuclear, chemical or biological contamination or sonic boom;
(e) compliance with any law (including a failure to grant any license or consent needed or any change in the law or interpretation of the law);
(f) fire, explosion or accidental damage;
(g) loss at sea;
(h) adverse weather conditions;
(i) collapse of building structures, failure of plant machinery, machinery, computers or vehicles;
(j) any labour dispute, including but not limited to strikes, industrial action or lockouts;
(k) non-performance by suppliers or subcontractors; and
(l) interruption or failure of utility service, including but not limited to electric power, gas or water.

If the Force Majeure Event prevails for a continuous period of more than six months, any party may terminate this agreement by giving 14 days written notice to all the other parties. On the expiry of this notice period, this agreement will terminate. Such termination shall be without prejudice to the rights of the parties in respect of any breach of this agreement occurring prior to such termination.

The customer has to sign for the delivery of their products, however, if there is somewhere to leave the goods (advised at time of placing order) the carrier will leave them or they will leave a calling card and arrange another time to deliver.

Risks of loss and damage of products passes to you on the date when the products are delivered.

Payment

We take payment from your card at the time we receive your order, once we have checked your card details. In the event that we are unable to supply the goods we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.

The price you pay is the price displayed on this website at the time we receive your order. However, whilst we make every effort to try and ensure that all prices on our website are accurate errors sometime occur. If we discover an error in the price of goods that you have ordered, we will inform you of this fact as soon as possible. You will be given the option of reconfirming your order at the correct order or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods you will receive a full refund. We use Paypal who provide a secure online credit card and debit card payment solutions.

Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received clear payment in full for the products, including delivery charges.

All products are inclusive of VAT.

Returns

We hope that you will be pleased with the items you have purchased. However if you wish to cancel /return your goods, the customer must notify AquaSafe90 within 7 days following delivery. The goods must be returned in perfect condition.

The Customer must pay the cost of returning the goods to AquaSafe90 Please ensure that the items are packed correctly as we reserve the right to make a deduction for any goods returned to us damaged.

Once we are in receipt of the returned items we will issue a full refund.

If in the event you receive a faulty product you must inform us in writing within 48 hours on receipt of delivery. Before replacing the product we do request to see a photo of the faulty product. This can either be e-mailed to us to sales@aquasafe90.co.uk or alternatively send in the post. If production confirm there is a fault, we shall arrange for our carriers to collect the faulty product and send out a replacement on receipt of the damaged item(s) being returned to us at no charge to yourself. We shall not be obliged to replace any product which is considered to be faulty as a result of you providing us with incorrect information or as a result of your negligence.

Please note that our clearance products are NON returnable.

Privacy

We do not pass any of your details to any outside company for mailing or any other purpose. However, any personal information we collate when processing your order will be used for the following:

Processing your order
Advertising of our products
Future promotions
Intellectual property

You acknowledge and agree that the material in content contained within this website is available for your personal and non commercial use, and you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited (and you agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute commercially exploit or create derivative works of such material and content.

Linked sites

We are not responsible for the content of any off-site pages or other sites linked to the site nor have we reviewed any such site. If you link to any off-site pages or other sites without our prior written permission, such action will be at your own risk. We cannot be held responsible for the contents of any website which is electronically linked to the site and is not maintained by us.

Liability and Indemnity

We warrant to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

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) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of data; or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause shall not prevent claims for direct financial loss that are not excluded by any of categories (a) to (g) above.

We will take all reasonable precautions to keep the details of your order and payment secure but unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

You agree to indemnify us and hold us harmless against any and all third party claims of liability, demands, judgments or causes of action, and damages, costs and expenses related thereto (including but not limited to legal fees and costs) arising out of the use of the Intellectual Property Rights on the products. Such indemnity shall extend to third party claims relating to unauthorised use of the Intellectual Property Rights. This indemnity shall continue beyond delivery of the products.

Miscellaneous Provisions

The contract between us should be governed by the laws of England and any dispute between us will be resolved exclusivity in the courts of England. English is the only language offered for the conclusion of the contract.

Paypal processes all debit, credit and charge card payments for customers and will retain a handling fee from the transaction value. The remaining amount will be paid to AquaSafe90 for the goods and services supplied. The total amount payable by all customers regardless of the means of payment will be the same as AquaSafe90 will be incurring the cost of the handling fee on your behalf.

AquaSafe90 will be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms & conditions if the same is wholly or partly caused, whether directly or indirectly, by circumstances beyond its reasonable control.

To provide increased value to our customers we may provide links to other websites or resources, whether affiliated with us or not, for you to access at your sole discretion. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.

You acknowledge and agree that, as you have chosen to enter the link website we are not responsible for the availability for such external sites or resources, and not review or endorse and are not responsible of liable directly or indirectly for:
i – the privacy practices of such websites
ii – the contents of such websites including( without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or
iii – the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by AquaSafe90.

AquaSafe90 reserves the right to transfer, assign, novate or sub-contract the benefits of the whole or part of any of its rights or obligations under these terms and conditions or any related contract by any third party.

If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected. These terms and condition to do not create or confer any rights or benefits enforceable by any person that is not party (within the meaning of the U.K. contracts (Rights of Third Parties) Act 1999)

AquaSafe90 have the right to enforce any rights or benefits under these terms and conditions.
AquaSafe90 shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
A person who is a permitted successor or assignee under above section of the rights or benefits in favour of such third parties);
No consent from the persons referred to in the above section is required for the parties to vary or resend these terms and conditions ( whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties);
No delay or failure by AquaSafe90 to exercise any powers, rights or remedies under these terms & conditions will operate as a waiver of them nor will any single or partial exercise of any such powers rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of AquaSafe90.

These terms & conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and AquaSafe90 relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and AquaSafe90 for your use of this website.