Customer Terms of Supply
1.1.What these Terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
1.2.Why you should read them. By placing an order to purchase or hire any products and/or services offered on this Site, you agree to be bound by these Customer Terms of Supply. Please read all of these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these Terms, please contact us to discuss your concerns.
2.1.Who we are. We are WET Environmental Ltd, a company registered in England and Wales. Our company registration number is 08955497 and our registered office is at Greville House, 11 Abbey Hill, Kenilworth, Warwickshire, England, CV7 1LU. Our registered VAT number is 200396740.
2.2.How to contact us. Throughout these Customer Terms of Supply, wherever you would like to or are required to contact us, you should use the following methods. You can:
(a)Email our customer service team at: firstname.lastname@example.org
(b)Write to us at: WET Environmental Ltd, Units 3-4, Welton Road, Wedgnock Industrial Estate, Warwick, CV34 5PZ.
2.3.How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4."Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
3.1.The following words have the following meanings in these Customer Terms of Supply:
(a)We, our, us: refers to WET Environmental Ltd (see our full company details at clause 2.1).
(b)You, your: refers to you, the customer.
(c)Site: this website, with homepage url: https://pureionicwater.com/
(d)Terms: where capitalised refers to these Customer Terms of Supply.
(e)Account: your Pure Ionic Water customer account that is opened upon purchasing one of our PIW System subscriptions.
(f)Product Instructions: means any and all instructions relating to the products, which are given to you by us, whether included with the product, displayed on our Site, or communicated to you via email or given to you by our customer service team.
(g)PIW System(s): refers to the Pure Ionic Water System(s), that can be hired on subscription via this Site.
(h) Month(ly), Quarter(ly), Year(ly): these time periods are referenced throughout these Terms. They are the options you can choose when deciding how often you want to pay for your PIW System subscription. Month is a calendar month. Quarter is a period of three (3) calendar months. Year is a calendar year. Where they are referred to in these Terms, you should read the relevant sections as though they refer to the option that is applicable to your current selected payment frequency.
(i) Business Days: refers to any day except any Saturday, any Sunday, any day which is a legal holiday in the United Kingdom or any day on which banking institutions in the United Kingdom are authorised or required by law or other governmental action to close.
3.2.There are other words in these Terms that have a specific meaning. Where they are used they will have a capital letter, and will have their meaning explained in a specific term, where they will look like ‘This’.
4.1.Placing an order with us. Orders are placed by following the instructions and prompts that appear on this Site when you view products or services. When you place an order with us, you are making an offer to us to sell you the products and/or services you have requested under the terms of these Customer Terms of Supply. You can only correct errors or make changes until you submit your order to us by selecting ‘Confirm Payment’ at the final stage of the checkout process. Please ensure you have properly checked your order before completing this step.
4.2.How we will accept your order. We may send you an acknowledgement of order email as soon as you place your order. This will detail the Products you have ordered and will confirm that we are currently processing your request. This email does not constitute acceptance of your order. Our acceptance of your order will take place when you receive an order and shipping confirmation email. This email is our acceptance of your order and it will confirm that the products have been despatched, at which point a contract will come into existence between you and us.
4.3.If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. We understand this may cause an inconvenience to you, but please understand that we would usually only do this if we felt it was necessary. This might be because the product is out of stock (all stock is subject to availability), because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified. Whilst we hope we never need to decline an order, we explicitly reserve the right not to accept an order at our sole discretion and we shall not be liable to you or anyone else for any decision not to accept an order.
4.4.Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.5.We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
5.1.Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display colours or other physical details accurately, we cannot guarantee that your device's display accurately reflects the details of the products. Your product may vary slightly from those images. In particular, our products can display your chosen sporting team logo and branding, which is likely to differ from the branding being displayed on PIW Systems in our instructional videos and other website images and videos.
5.2.Product packaging may vary. The packaging of the product may also vary from that shown in images on our website.
Due to the nature of our products, we are unable to make changes to the products as ordered. If you decide that you want to end the contract, see section 17 ‘Your Rights to End the Contract’.
7.1.Minor changes to the products. We may change the product:
(a)to reflect changes in relevant laws and regulatory requirements, for example (but not limited to), in the case of hygiene and technical standards, we may need to alter the frequency with which maintenance must be performed on the products; and
(b)to implement minor technical adjustments and improvements, for example to address a security threat. These changes may require a new part to be sent, or instructions to be issued, that you would be required to install and/or adhere to.
7.2.Changes to the Customer Terms of Supply. We reserve the right to change these Terms without notice, at any time, by updating them on this Site. The updated Customer Terms of Supply as listed on this Site will then apply to any new orders placed following the update. This means you should always read through the current Terms before placing an order, even if you have previously read through them, as they may have changed. Changes made in this way would not apply to orders placed with us before the changes were made.
7.3.More significant changes to the products and these Terms. In addition, as we informed you in the description of the product on our website, we may make changes to these Terms or the product, which may apply to orders already placed, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received. This includes but is not limited to the following:
(a)In the event of changes to relevant law, regulatory requirements, or in the event of an issue with the products that has become apparent, we may need to recall a product model to replace with a different or newer version;
and(b)The price of subscription fees may change however, you will have the option to end the contract before changes take effect as detailed in section 17 ‘Your Rights to End the Contract’.
8.1.Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the product page where you selected to make your order. Prices do not include delivery charges, which will be calculated and added during the checkout process. Please note our prices displayed on the checkout page during the cart process will display upfront charges and charges broken down as per the subscription plan, therefore this may not be the totality of charges made in the long term. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 8.4 for what happens if we discover an error in the price of the product you order.
8.2.Price changes. Prices of our products are subject to change at any time. Changes will only affect any orders placed after the change has occurred. The only exception to this is if we are changing the price of your ongoing subscription, in which case we would write to notify you in advance. In that case, you would also have the right to cancel your subscription if you did not agree to the change.
8.3.We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect. See clause 11.9(d) for how this would affect your PIW System subscription.
8.4.What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If this happens the following applies:
(a)If a higher price has been incorrectly listed. We will either:
(i)charge at the lower correct price (this applies if discovered prior to payment processing);
or(ii)refund to you the difference (this applies if the error is discovered after the payment has been processed).
(b)If a lower price has been incorrectly listed. At our discretion, we may either:
(i)reject your order and issue a refund (if payment has already been received);
or(ii)before we accept your order we may contact you to advise you of the correct price and request instructions as to how you wish to proceed.
(c)If an incorrect lower price was listed but we have already accepted and processed your order, where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
8.5.When you must pay. Payment for goods is made in advance, at the time you request your order. For our PIW System subscription, see section 11 ‘Your Pure Ionic Water System Subscription’. You must pay promptly, on the day they fall due, any fees or charges due to us either as part of your subscription, or due to any administrative charges, late fees, liability for damage, loss or theft, or any other costs incurred arising out of these Terms.
8.6.Making payment. Payment is made via the checkout process. Payment methods accepted are at the discretion of our Site hosting company Shopify. By making payment via our Site hosting company Shopify, you authorise Shopify to store your card and/or payment details in case we need to recharge your card or payment method for associated fees, such as late fines. You are responsible for ensuring your payment method and details are correct. We reserve the right to make credit valuation checks at our discretion. We are not responsible for any action taken by your card or payment account issuer, including but not limited to online handling or processing fees being charged, or payment authorisation being declined. You should always ensure you have read and understand the terms of your card or payment account issuer.
8.7.If your payment is unsuccessful. If for any reason your payment is unsuccessful, we will automatically recharge your payment method again within seven (7) days. If this is still unsuccessful we will contact you via email and request that you make immediate payment and check that your payment method is correct. You remain responsible for any uncollected amounts. If you are a PIW System subscription customer and a payment is not successfully settled, due to payment method expiration, insufficient funds, the chargeback of a previously valid payment, or otherwise, and you do not cancel your subscription, we may suspend your Subscriber Benefits and/or cancel your subscription if payment is not received. You may add, update or change payment cards or other subscription details such as email address and billing address by visiting your account and logging in with your email address.
8.8.We can charge interest if you pay late. If you do not make any payment to us by its due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Lloyds Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. We may also charge an administrative fee of £5 for late payments that are not able to be recharged automatically.
8.9.What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from their original due date.
8.10 Additional charges. If you are liable to pay us any subscription charges, payments for products, or additional charges under these Terms, such as interest on late payments, administrative fees, compensation for the cost of the product or damages, and we are unable to charge your original payment method for any reason, including where we are unable to do so due to limitations with our payment processor and site host Shopify, we shall bill you for them by sending an invoice via email which shall be payable immediately. It is your responsibility to contact us and make payment of the sums you owe in any circumstance where they are not billed automatically. We reserve the right to charge extra administrative charges for any instance where we need to chase you for payment.
9.1.Delivery costs. The costs of delivery will be as displayed to you on our website.
9.2.Delivery methods.Deliveries are made by our third-party couriers, DHL. Deliveries are standard delivery, which take place on Monday to Friday, excluding bank and public holidays. Please check directly with the courier what current requirements are regarding signing for parcels, as this may change depending on Covid-19 and other public health guidance.
9.3.You have responsibility to enable delivery.
(a)You must provide one suitable address per order, you may not split products within the same order to be delivered to more than one address.
(b)It is your responsibility to provide an address where someone will be available to take delivery of the order, we are not responsible for delays caused by your failure to take delivery of products.
(c)You are responsible for contacting and responding to the relevant post office or courier company to ensure deliveries and returns are facilitated, including but not limited to: arranging collections or deliveries of products if an original delivery attempt has failed, if you are wishing to make changes to your delivery information (for example, if you have left specialist delivery instructions with the courier company), or whenever you are under an obligation to return products to us.
9.4.When we will provide the products. During the order process we will let you know when we will provide the products to you but please be aware that any times and/or dates given by us to you are estimates only. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract. We will supply the product/s to you until either the order/services are completed, or the contract is ended in accordance with these Terms.
9.5.We are not responsible for delays outside our control. Delivery delays may occur at any time due to a wide range of circumstances outside of our control. The following provisions deal with this and you should ensure you understand them fully to minimise problems should a delay of this type occur:
(a)We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by reasons beyond our control. Amongst other things, this means that on the rare occasions where a delivery is unsuccessful, we're not liable for costs incurred. This might include things like a third-party plumber.
(b)It is your responsibility to ensure products are ordered in plenty of time, allowing for the possibility of delays.
(c)If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay.
(d)If any items are delivered late you must accept delivery in any event unless where clause 9.5
(e) applies and you have contacted us and received written confirmation from us that we have agreed otherwise.(e)If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
9.6.If you are not at home when the product is delivered. We deliver our products using third party couriers. Please ensure you read through any pre-delivery notifications they send to you and follow the instructions to re-arrange your delivery to a preferred / convenient day if you know you won’t be available. If no one is available at your address to take delivery, the products cannot be posted through your letterbox, and you have not given them alternative instructions, our couriers will usually leave you a card informing you to collect the products from a local depot. Please ensure to do this as soon as possible and within five (5) working days, otherwise the parcel may be returned to us, incurring charges. You should contact the couriers in the first instance regarding any problems with delivery of the products.
9.7.If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect the delivery from a delivery depot, we will contact you for further instructions and may charge you for storage costs, return charges, and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 23.2 will apply.
9.8.When you become responsible for the goods. Products you order will be your responsibility and at your risk from the time of delivery.
9.9.When you own goods. By purchasing a subscription for any of our PIW Systems you acknowledge and accept that you do not own the goods hired to you as part of the subscription.Leased items are and will at all times remain the absolute property of WET Environmental Ltd. You will need to return them to us upon the subscription contract coming to an end for any reason. If you purchase any goods outright and not on subscription, such as our add on taps or water bottles, you will own them once we have received payment in full.
9.10.What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your personal details (including those required for any credit checks), selected product options, payment details and delivery information. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information (including requesting this information during the order process on our website). If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 23.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
9.11.Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a)deal with technical problems or make minor technical changes;
(b)update the product to reflect changes in relevant laws and regulatory requirements;
(c)make changes to the product as notified by us to you (see section 7 ‘Our Rights to Make Changes).
9.12.Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than twenty-one (21) days in any six (6) month period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than twenty-one (21) days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
10.1.You are required to install products yourself. You should have received instructions for installing products when your order was confirmed and/or when you receive your products. If you need to locate the instructions or to access our installation support, please click HERE.
10.2.Problems that arise during installation or setup. We are not liable for any problems that occur with the products if this is a result of you or a third-party performing an installation incorrectly. You are still required to inform us of any issues without delay and we will do our best to advise you if the error can be corrected by reinstalling the product correctly.
11.1.Who can subscribe to Pure Ionic Water. We only accept subscription orders if you are aged eighteen (18) or over, you are located in the UK, you have legal capacity to enter into a binding contract with us, and you are not in breach of any of our terms and conditions (including these Terms) or any other agreements you have with us. Our PIW System subscription is only supplied for private and non-commercial use. We reserve the right at any time and in our sole discretion to verify your eligibility and compliance with these Terms, including but not limited to, ensuring that the subscription is not being used for a commercial purpose.
11.2.The PIW System subscription rental period. The rental period shall commence from when you receive the PIW System and shall continue until the return date indicated on your subscription termination email following either your request to cancel your subscription, or our decision to notify you that we are cancelling your subscription.
11.3.Subscription fees. Subscription fees, (the Monthly, Quarterly or Yearly subscription payments plus Upfront Fee) include VAT. By ordering the subscription, paying the Upfront Fee, and paying any recurring Monthly, Quarterly or Yearly subscription fees to keep your subscription active, you will be able to enjoy the Subscriber Benefits set out in section 14 ‘Your PIW System Subscription Benefits’ in accordance with the Terms. Your non-use will not obligate us to provide you with any refund, in whole or part, of your Monthly, Quarterly or Yearly subscription fee or the Upfront Fee.
11.4.The Upfront Fee. For our PIW System subscriptions, you must make an advance payment of £180.00, the ‘Upfront Fee’, before we start providing them. The Upfront Fee is charged when you checkout your order on the Site. The Upfront Fee is non-refundable in any event unless you are able to cancel your order in the Cooling-Off Period before installing and using your PIW System (see clause 17.3), or in the event that you are entitled to any refund or partial refund by law due to us being at fault. We may change the Upfront Fee from time to time and only the Upfront Fee in force at the time shall be applicable to new orders, save for changes made in accordance with clause 11.9.
11.5.The subscription payments. The first payment will be taken in advance of your subscription beginning, at the time your initial order is placed. Subject to any cancellation of your subscription, we will charge you Monthly, Quarterly or Yearly (in accordance with the payment package you selected when purchasing the product) for the subscription until the subscription is terminated. You accept that the subscription will automatically renew and has automatically recurring payments as detailed in these Terms, and that you will be responsible for all recurring fees. Your payments will be taken automatically via direct debit from the payment account details you give us when you place your order.
11.6.Recurring monthly subscription fees. Subject to either you or us exercising our rights to suspend, cancel or terminate the subscription, you authorise us to, and accept that we will, charge your original payment method on a recurring Monthly, Quarterly or Yearly basis (according to your selection), beginning on the day you place your order, for your first Month, Quarter or Year of subscription, and every Month, Quarter or Year thereafter until you cancel or we suspend or terminate your access to the subscription. The recurring subscription fee is £30 per Month if paid on a Monthly basis, £90 per Quarter if paid on a Quarterly basis, or £300 per Year if paid on a Yearly basis. Each subscription period is for one calendar month if operating on a Monthly basis, three calendar months if operating on a Quarterly basis, or 12 calendar months if operating on a Yearly basis.
11.7.Your subscription will automatically renew. Your subscription will automatically renew. Your subscription will renew automatically on a Monthly, Quarterly or Yearly basis, in accordance with the payment option you selected at the time you placed your order. Payment details are stored securely by Shopify to allow recurring payment for future recurring payments. Your subscription will continue indefinitely unless suspended, cancelled or terminated in accordance with these Terms. You will be charged on the same day each Month, Quarter or Year as your first Month, Quarter or Year payment, or where your charge falls on the last day of a month and the next relevant month is longer or shorter than the previous one, your recurring payment will be taken on the last day of that relevant month.
(a) Monthly: If your subscription order is placed on 25th February 2022 and your PIW System is delivered to you on 1st March 2022, your subscription begins on 1st March 2022. Your payment for your first month will be taken in advance on 25th February 2022 when you placed your order. If you had selected to subscribe on a Monthly basis, your subscription will be valid until 1st April 2022. The recurring Monthly subscription fee would be charged on the same day as your original payment but in March for the second month of your subscription, so in this example it would be due on the 25th March 2022, which would cover your subscription from 1st April until 1st May 2022. If your subscription payments begin on the last day of a month, your recurring Monthly payment will be taken on the last day of each next month, even if the date is different due to the month being shorter or longer. So, if your first payment was taken on 31st March 2022, your next payment will be due on 30th April 2022.
(b) Quarterly: If your subscription order is accepted on 25th February 2022 and your PIW System is delivered to you on 1st March 2022, your subscription begins on 1st March 2022. Your payment for your first month will be taken in advance on 25th February 2022 when you placed your order. If you had selected to subscribe on a Quarterly basis, your subscription will be valid until 1st June 2022. The recurring Quarterly subscription fee would then be charged on the same day as your original payment but in May for the second Quarter of your subscription, so in this example it would be due on the 25th May 2022, which would cover your subscription from 1st June until 1st September 2022. If your subscription payments begin on the last day of a month, your recurring Quarterly payment will be taken on the last day of each next relevant month, even if the date is different due to the month being shorter or longer. So, if your first payment was taken on 31st March 2022, your next payment will be due on 30th June 2022.
(c) Yearly: If your subscription order is accepted on 25th February 2022 and your PIW System is delivered to you on 1st March 2022, your subscription begins on 1st March 2022. Your payment for your first month will be taken in advance on 25th February 2022 when you placed your order. If you had selected to subscribe on a Yearly basis, your subscription will be valid until 1st March 2023. The recurring Yearly subscription fee would then be charged on the same day as your original payment the following year, so in this example it would be due on the 25th February 2023 for the next subscription Year which would run until 1st March 2024. If your subscription payments begin on the last day of February, your recurring Yearly payment may be taken on the 29th February if it is a leap year and revert back to the 28th when it is not a leap year.
11.8.Your subscription will renew automatically unless you cancel it. Each month, quarter or year, after the recurring monthly payment has been received, we will email you to confirm your subscription has been renewed for another month, quarter or year. Unless you cancel your subscription, your subscription will be automatically renewed for successive months, quarters or years (in accordance with the option you selected) at the then-current subscription fee. If you cancel your subscription, you may use the subscription until the end of the applicable subscription month and your subscription will not be renewed after that month ends. We reserve the right not to renew your subscription at any time without cause. Payment details are stored securely by Shopify to allow recurring payment for future recurring payments.
11.9.Changes to the terms of your subscription. We may change any of the terms of your subscription, including subscription fees, on the following basis:
(a)We'll let you know at least one (1) month in advance if we decide to:
(i)Cancel your subscription (unless it is because you are in breach of these Terms in which case we reserve the right to cancel with immediate effect);
or(ii)Make any changes to your subscription which are (in our reasonable opinion) likely to be of material detriment to you. You can end the contract for such changes as explained in section 17 ‘Your Rights to End the Contract’;
(b)If the amount to be charged for a recurring subscription fee changes from the current fee, we shall provide notice of the amount to be charged and the date of the charge at least one (1) month before the scheduled date of payment of the recurring subscription fee. If, as a result of the fee change, you want to cancel your subscription, please follow the steps in section 18 ‘How to End the Contract with Us’.
(c)We may change or introduce new fees in respect of additional services or products that are compatible with the PIW System. We'll publish any changes on our website. If any additional services or products affected have recurring charges, we'll let you know at least one (1) month before the charge changes. You will be able to cancel any additional services or products.
(d)If any change or increase is due to changes to laws or regulations which affect us - this includes any increase or change in the rate of VAT or other applicable taxes or any new taxes that are introduced, we will try to give you as much notice as possible but will apply the changes from the day they take legal effect.
(e)If you carry on using the PIW System and/or any Subscriber Benefits after any change takes effect, you will be considered to have accepted the change.
12.1.The Pure Ionic Water System that you receive as part of your subscription is and will at all times remain the absolute property of WET Environmental Ltd.
12.2.You accept full responsibility for the safekeeping of the PIW System once it has been delivered to you and until you have both returned it and it has been received by us. You will be solely liable for any damage or loss that occurs to the PIW System during the Rental Period. You should read the following provisions carefully as they outline what you are required to do whilst you have the PIW System and in the event of any damage or loss occurring.
12.3.Once the PIW System has been delivered to you, you must examine it without delay and tell us immediately if it is, on arrival, in any way damaged or missing any parts or instructions.
12.4.You must access, read and follow all Product Instructions, for unpacking, installing, operating, maintaining, servicing, uninstalling, re-packing and otherwise dealing with the PIW System at all times during the rental period.
12.5.We have the sole right and responsibility to repair the PIW System. The decision as to whether to repair any individual PIW System, and the timing of such repair, is at our sole discretion. If your PIW System needs to be repaired you must contact us without delay.
12.6.If any damages, missing parts or other loss cannot be evidenced as having been present at the point of delivery to you then it will fall within your liability as above and we will make charges for repairs or replacements as detailed at clause 12.10.
(a)Take appropriate care of the PIW System and ensure it is in a suitable, safe and secure environment;
(b)Ensure you have full written permission from the homeowner before installing the PIW System and any taps;
(c)Stop using the PIW System immediately and contact us as soon as you become aware of any fault with or malfunction of the PIW System;
(d)Change the filters according to specifications in the Product Instructions and promptly return used and/or old filters via our third-party courier (DHL) drop off points; and
(e)Return the PIW System to us at the end of the Rental Period, in the original condition, except for usual wear and tear. By original condition we mean you’ve kept all original packaging and labels in good condition and the product is as it was when received by you and can be resold or leased at full price.
12.8.You must not:
(a)Modify, deconstruct, or otherwise alter the PIW System;
(b)Use or deal with the PIW System in a careless or reckless manner, or in breach of these Terms or the applicable laws, safety rules and requirements of the United Kingdom;
12.9.If the Pure Ionic Water System is damaged, lost or stolen during the rental period. If, during the rental period, the PIW System becomes damaged, lost or is stolen:
(a)You remain liable for the full retail value of the PIW System because you have agreed to take responsibility for it by ordering and taking delivery of your subscription and products, regardless of whether you are personally responsible for any damage or loss.
(b)You shall accurately report any damage, loss or theft to us as soon as possible and confirm this to us promptly in writing (email is sufficient) no later than one (1) business day in case of a theft and in all other cases two (2) business days, from the moment you become aware of the event.
(c)Where appropriate, whether for theft, loss, or damage, you shall report this promptly to the police, inform us in writing (email is sufficient) of any details, and cooperate and assist us at our request with providing full and accurate details and assistance with any legal proceedings.
12.10.In the event of damage to, loss of, or theft of the PIW System (or any of its parts or accessories) from the time of the commencement of the Rental Period up until the time the PIW System is returned to and received by us (unless caused by our own fault), you will be liable for the following costs, charges and other damages (provided this does not result in us being compensated twice for the same loss):
(a)The costs of repairing the PIW System, or replacing any of its parts or accessories;
(b)To the extent that any repair does not fully restore the value of the PIW System, but the PIW System can still be leased or sold by us, a reasonable sum for the diminishment of value;
(c)In the event of a total loss, theft, or where the total estimated repair cost is greater than the value of the PIW System, the full retail value of the PIW System, whereby the retail value shall be the retail price for which a PIW System of the same type, make and model as the damaged, lost or stolen PIW System is sold to consumers in the UK, at the latest point in time prior to the theft, loss or damage occurring;
(d)Our resulting loss of revenue charged at the monthly subscription rate based on our loss of income of the PIW System, not to exceed six (6) months, provided this does not result in us being compensated twice for the same loss;
(e)Any reasonable administrative costs incurred by us;
and(f)Any recovery, storage and legal fees reasonably incurred by us as a result of the damage to, loss of, or theft of the PIW System during the Rental Period.
12.11.Details of how you can dispute any of the above costs, charges or other damages will be included in the invoice we send to you for any such costs, charges or other damages.
13.1.Your obligations to us when you create an Account. When you create an Account with us you agree that:
(a)You must only have one Account;
(b)You must submit only accurate information and keep this up to date;
(c)You must keep your Account details confidential and not share your Account with anyone else;
(d)You must not allow anyone else to access your Account, nor give them the means to do so, such as by sharing passwords or remaining logged in on a shared or public device;
(e)It is your responsibility to ensure that nobody obtains unauthorised use of your Account, and we won't be held liable for any loss suffered by you (including any lost Subscriber Benefits) for any such unauthorised use of your Account, unless it's due to our fault or negligence.
(f)Any username or distinguishing name must not be offensive, nor must it suggest that you are another person, a brand or a company, you acknowledge and agree that we reserve the right to change your username if we think that it breaches this provision.
13.2.When we may close your Account. We may close your Account if it breaches any of these Terms. We may also close your Account if it has been longer than three (3) years since the date you first purchased a subscription, you have no current subscriptions, and there has been no activity on your Account and no purchases made for twelve (12) months.
13.3.We also reserve the right to suspend your account and any associated accounts and contact you if we notice an unusual pattern of returns activity or there is other suspicious activity associated with your account or any associated accounts. We will notify you if this is the case.
13.4.How to update your details on your account. Please log in to your account and click ‘Manage’. You can add or take away shipping, payment information & billing addresses, edit them, & deal with your subscription.
13.5.If you wish to close your account. Write to us, we will close your Account request Shopify to delete your details from their database. We’re not liable if Shopify fail to do this.
14.1 Your benefits. As a PIW Subscriber you will have the following ‘Subscriber Benefits’ in accordance with these Terms, so long as you have paid any fees and charges due to us on time and you are not in breach of any of our terms and conditions (including these Terms) or any other agreements you have with us:
(a) ‘Subscriber Deals’ which reduce the cost of an Eligible Product of your choosing for a one time purchase at the point of the initial purchase of your subscription;
(b) Annual filter change service;
(c) Membership warranty package covering maintenance advice, repairs and replacements in accordance with these Terms;
(d) No cancellation fees if you wish to cancel your subscription at any time in accordance with these Terms;
(e) Waiver of the Upfront Fee if you reactivate your cancelled subscription within three (3) years of the date of your cancellation.
14.2.You will receive the following Subscriber Deals against the following ‘Eligible Products’:
a) Tap 1 ‘Single Tap’ RRP £55 - £55 off when purchased via the Subscriber Deals.
b) Tap 2 ‘Triple Flow Tap’ RRP £300 - £100 off when purchased via the Subscriber Deals.
c )Tap 3 ‘Chef Triple Faucet’ RRP £400 - £180 off when purchased via the Subscriber Deals.
14.3.All Eligible Products and Subscriber Deals are subject to availability and can be withdrawn at any time. All of our usual terms and conditions continue to apply to Eligible Products. The list of Eligible Products may change from time to time and we will endeavour to update this list as and when products are added or removed and notify you before any significant changes to the list.
14.4.How are Subscriber Deals applied to an order. Once you have added your PIW System to your shopping cart, you will be taken to our Site page with the selection of Subscriber Deals on Eligible Products for you to make your selection before checking out.
14.5.Free Annual Filter Service. As described in your installation and maintenance instructions, you must change the filters on your PIW System annually. You will receive a notification email when it is time to do this and we will send out a new filter to you in the post. You will also receive a special bag to place your used filter inside, which you must then send back to us by using the return postage packaging we send to you, and depositing the packaged used filter at your nearest DHL drop off point.
14.6.Other benefits are discretionary. If we make any benefits, offers or promotions available to you as a subscriber in addition to your Subscriber Benefits, these are discretionary and can be withdrawn at any time unless we expressly tell you otherwise. This includes but it not limited to time sensitive promotions, limited offers, discounts and benefits given to specific individual customers or class of customers, competitions, prizes, and benefits or prizes offered through or in collaboration with our Hydration Partner companies. Where we offer discounts, prizes or other benefits to individual customers or classes of customers, under no circumstances are we obliged to make them available on a general basis or to any other specific customers or classes of customers. If we offer any benefits to you as an incentive to renew you subscription, the incentive will be provided to you in accordance with the separate terms and conditions applicable to the offer, and will not form part of your Subscriber Benefits.
14.7.Only for you. Only you, the person named on the subscription order, can benefit from your Subscriber Benefits and these Terms.You may not use your subscription to obtain filters, Eligible Products, or other benefits for anyone else. You may not sell or make any commercial use of filters, Eligible Products, or other benefits obtained using your subscription, and any attempt to do so will result in your subscription being withdrawn and you may be liable to us for costs and/or damages.
14.8.You can cancel your subscription at any time within three (3) years and re-instate it free of charge. If you decide to cancel, this will become effective from the end of the subscription period (Month, Quarter or Year) in which you cancel. If you then decide to reinstate your subscription by applying to us to reactivate it within three (3) years of the date your cancellation became effective, you will not be charged the Upfront Fee. We reserve the right to extend the option to rejoin for free for further Monthly, Quarterly or Yearly periods at our sole discretion, including on an individual basis as a gesture of good will.
14.9.Cancelling and reactivating your subscription. To cancel your subscription, see section 18 ‘How to End the Contract with Us’. To reactivate your subscription, log back in to your account with your email address and click ‘Manage’. When your subscription is inactive there will be an option to ‘Reactivate’. Please select this option. You will then be taken to a form. Fill this in and submit to send your request to our customer service team. They may need to contact you to before we can accept your order. You will be notified by email once we accept your new order to reactivate. Your new reactivated subscription will begin from the date that your reactivate request was submitted/your new system is delivered If you have any difficulties in re-instating your subscription, please contact us using the details at the beginning of these Terms.
15.1.All rights in the Pure Ionic Water System and any of the other products we provide belong to us. We reserve all our rights.
15.2.The ‘Pure Ionic Water' trademark and other related images, logos and names are proprietary marks of our group of companies. We reserve all our rights.
16.1.We are sorry if there is a problem with your product. We always strive to sell the best quality products that you can rely on. However, we understand that sometimes, despite our best efforts, things do go wrong. The following provisions explain what we will do if you experience a problem.
16.2.How to tell us about problems. In the first instance, you should get in touch with us as soon as possible if you have any questions or complaints about the product. You can:
(a)Email our customer service team at: email@example.com
(b)Write to us at: WET Environmental Ltd, Units 3-4, Welton Road, Wedgnock Industrial Estate, Warwick, CV34 5PZ.
16.3.Summary of your legal rights. We care deeply about our customer satisfaction and will try our best to resolve any issues. You should also be aware that we have a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights as a consumer in relation to our products. Nothing in these Terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If you purchase goods from us, for example one of our taps, the Consumer Rights Act 2015 says the goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 16.6.
If you are receiving a service from us, the Consumer Rights Act 2015 says you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
See also clause 17.3 to 17.7: Exercising your right to change your mind (Consumer Contracts Regulations 2013).
16.4.Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must allow us to collect them from you. We will pay the costs of postage or collection. Please contact us without delay.
16.5 If there is a problem with your PIW System.Please see section 12 ‘Your Responsibility for the Pure Ionic Water System’.
16.6 Our policy for faulty purchased goods. If you are rejecting due to a confirmed fault, products that you have bought to own (such as one of our taps), the following outlines the time periods and options you should be aware of:
a) Within thirty (30) days of delivery, contact us to request to return the product for one option out of: a full refund, have it repaired, or have it replaced.
b) After thirty (30) days of delivery but within six (6) months of delivery, contact us to request to return the product to have it repaired or replaced. Please note: it may not always be possible for us to do your preferred option, in which case we will do the other option. In the event that we cannot offer a repair or replacement, we will allow you to return the product and in most cases you will be able to receive a full refund.
c) After six (6) months of delivery, if you’re able to prove that the fault or defect was there at the time the product was delivered to you, we will offer you the same resolutions as mentioned in point 16.6(b) above but your ability to receive a full refund may be more limited. Any partial refunds that we give as a gesture of goodwill doesn’t guarantee you a right to this save for rights you have under consumer law.
d) In any event we urge you to contact us in the case of a problem as we want to hear feedback about how our products are working for you and we may still be able to help you or find a resolution.
16.7 Warranty for purchased goods. If you purchase goods from us that are not on a subscription basis, which includes our range of taps, you will be given a copy of the warranty terms with your installation guide, which covers the products for one (1) year. Alternatively, you can access them HERE. You must follow the instructions in the warranty document and be in compliance with all of its terms in order to activate and make use of the warranty.
17.1.You can always end your contract with us.Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a)If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 16.6;
(b)If you want to end the contract because of something we have done or have told you we are going to do, see clause 17.2;
(c)If you have just changed your mind about the product, see clauses 17.3 to 17.7. You may be able to get a refund if you are within the Cooling-Off Period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d)In all other cases (if we are not at fault and there is no right to change your mind), see clause 17.8.
17.2.Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a)we have told you about an upcoming change to the product or these Terms which you do not agree to (see clause 7.3);
(b)we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c)there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d)we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than twenty-one (21) days;
or(e)you have a legal right to end the contract because of something we have done wrong.
17.3.Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days, the ‘Cooling-Off Period’ and receive a refund.These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
17.4.When you don't have the right to change your mind.You do not have a right to change your mind in respect of:
(a)services, once these have been completed, even if the cancellation period is still running, this includes the cost of your PIW System subscription as soon as the products have been installed and you have commenced using them (in which case the service has been completed), or the cost of your PIW System subscription for uninstalled/unused products up to the date of cancellation if within the two week cooling off period (as you will have had possession of the products as per the subscription during this time);
(b)the right to cancel will not apply to any monthly, quarterly or yearly renewals of your subscription;
(c)any products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(d)sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
and(e)any products which become mixed inseparably with other items after their delivery.
17.5.How long do I have to change my mind? If you have purchased a subscription for any of our products, you have fourteen (14) days after the day we email you confirming that we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. We have completed the services when you have received the products, installed them and started using them. See clause 17.4(a) above.
17.6.If you exercise your right of cancellation in accordance with clause 17.3, this contract will come to an end and we will reimburse to you any payments received from you for your subscription. We will make this reimbursement no later than fourteen (14) days after the day on which we are informed about your decision to cancel your subscription. We will make the reimbursement using the same means of payment you use to pay for your subscription, unless you expressly agree otherwise.
17.7.You expressly acknowledge and agree that:
a) we may give you access to your subscription during the Cooling-Off Period if your PIW System is delivered within this time; and
b) if you exercise the right to cancel set out in clause 17.3:
c) prior to receiving your PIW System, you will receive a full refund; and
d) after you have received your PIW System, as long as you have not installed and commenced use of your system, you have complied with all of these Terms, and all of the product and packing is returned to us in its original condition (see clause 12.7(e)), you will receive a full refund; and
e) after your subscription service provision is completed by you installing the PIW System you no longer have the right to change your mind under clause 17.3.
17.8.Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 17.1), you still have options to end the contract. If you have purchased a product from us to own outright such as our taps, you can cancel it as long as we have not confirmed your delivery. We will refund any further advance payment you may have made for products which will not be provided to you. You are able to cancel your PIW System subscription at any time. The Upfront Fee is non-refundable. The subscription will not end until the end of the current subscription payment period you are in (Month, Quarter or Year) on the day after the day on which you contact us. For example, if you are on a Quarterly plan and your current subscription period is running from 1st February 2022 to 1st May 2022, and you tell us you want to end the contract on 4th March 2022, we will continue your subscription until 1st May, on which date you will be required to return the PIW System and any further subscription products (such as filters) to us. We reserve the right to charge an administration fee for some cancellation requests, which will be fully communicated to you.
18.1.Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a)Email. Email customer services at ‘firstname.lastname@example.org’. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b)Online. Log in to your account on our website and select Manage. From here you can select the button to cancel your subscription. You will then need to fill out the cancellation form that appears on your screen.
18.2.Return any products you are required to return. You must return any products that you have in your possession that are either
(a)Products that are goods that you want a refund for.
(b)Products that are goods that you have received as part of a subscription that you wish to cancel.
19.1.How to return products. Products must be returned to us by allowing us to collect them from you via our third-party couriers DHL. Please contact us using the methods detailed at the beginning of these Terms.
19.2.If you are exercising your right to change your mind. You must arrange to send off the goods within fourteen (14) days of telling us you wish to end the contract.
19.3.Which products can't be returned? The following products won’t be eligible for exchange or refund (unless there is a confirmed fault or problem with the product and you are exercising your rights under law and as at section 16 If there is a problem with your product):
(a)Products you received over thirty-five (35) days ago;
(b)Products that have been opened or unsealed (other than where necessary to inspect);
(c)Products without original packaging or labels; and/or(d)Products or packaging in poor condition.
(d) Products or packaging in poor condition; and/or
(e) Products meeting any criteria set out in other parts of these Terms that state such criteria renders the product ineligible for returns and/or replacements, repairs or refunds.
19.4 Product condition and packaging for returns. You must take reasonable care of products in your possession, even if you are requesting a refund, returning a broken product, or raising any dispute with us. If you fail to do this, we may deduct the costs of any damage or further damage to the products from any refund, or require you to pay us for the costs of any such damage, up to the full cost of the products. You must ensure any products being returned are packaged appropriately and securely, using the original packaging. If a product is damaged and you have not packaged it sufficiently then you may be liable to us for compensation. If you are in any doubt as to whether packaging is sufficient, please contact us. Please save your proof of postage and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Products to us.
19.5. If you do not return the products to us in time.We reserve the right to charge extra costs, fees or compensation due to us for any products that are due to be returned but are not returned within the time frames specified by these Terms. This includes but is not limited to, holding you liable for the full cost of products not returned to our possession, requiring you to pay for any failed collection or subsequent attempts at re-delivery/collection, charging you an administrative fee, charging you late fees, charging for interest on all amounts due, and charging for any further costs of recovery.
(a)Overdue returns will incur an extra charge at the rate of ½ the original hire fee per week or part thereof.
(b)You will be liable for the full retail price of the hire Products in the event of any loss occurring due to your failure to take proper care of them or in the event that the hire Products are not returned, in which case, we may debit your credit or debit card (where payment has been made by such method) for the sum due and will inform you (by email) that we have done so.
(c)If products are not returned twenty-one (21) days after the date on which they were due to be returned to us under these Terms, we will determine that the return is not going to take place and we will hold you liable for the full RRP of the products and will charge your current card or payment account on record with us.
19.6.When we will pay the costs of return. We will pay the costs of return delivery via our third-party courier DHL:
(a)if the products are faulty or misdescribed;
or(b)if you are ending the contract because we have told you of an upcoming change to the product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return
19.7 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. We usually charge £14.40 for any single collection of any of our products. This is subject to change at any time if the charges of our third party courier change. We will confirm with you the exact cost for the return of your item when you contact us to arrange it. We will invoice you for these charges and you will need to contact us to pay them.
20.What you need to obtain a refund. If you return products which are outside our returns policy or if you don’t have proof of purchase, we’re unable to process a refund, so please keep your proof of payment and/or order confirmation.
20.1.How we will refund you.We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. If you are only returning some of the items on your order, then we will only refund the cost of those items.
20.2.If your payment details are incorrect.It is your responsibility to ensure that you have updated us with new, accurate payment details if any payment methods you used for your original purchase are no longer in use. You must ensure you have provided us with the correct information in order for us to issue your refund. If any payment we send to your card, bank or payment account is refused and you do not supply us with an alternative bank account within 28 days of us asking you, we may keep that payment to cover our costs and you will be entitled to nothing.
20.3.Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a)If you’re returning part of an order that’s had Subscriber Credits applied, your refund will be for the full amount minus the discount applied.
(b)We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling of them. We allow you to carefully unpack the product and examine it properly. However, if you have used the product, had it installed, repackaged it incorrectly, or damaged it in any way, we may not be able to sell it to someone else. This means that where the value of the product is reduced by your use, we may only make a partial refund, or charge you for the reduction in value. If you have not used the product and it is returned to us in the original and correctly put together packaging, you will receive a full refund.
(c)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 amount to account for the reduction in value.
(d)The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(e) Where the product is a service, in addition to any other deductions we have the right to make, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
20.4.When your refund will be made. We will make any refunds due to you as soon as possible.If you are exercising your right to change your mind then:
(a)For refunds relating to returned goods, including goods received as part of a subscription, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us via our third-party courier DHL, in accordance with these Terms. For more information see our Returns Policy.
(b)In any other cases, your refund will be made within 14 days of your telling us you have changed your mind
21.1.We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a)you do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;
(b)you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products and/or receive payment, for example, your personal details, product selection options, payment and credit check information or delivery information;
(c)you do not, within a reasonable time, allow us to deliver the products to you;
(d)you do not return any items due, including filters and other accessory parts;
(e)you breach or attempt to breach any of these Customer Terms of Supply;
(f)you take any action or make any omission with the effect of obstructing our communication with you, including but not limited to having an email address listed that cannot accept our emails or having our emails marked or filtered as spam, junk, abusive or any label that means they are not received in an inbox that is properly monitored by you;
(g)you defame, bring into disrepute, or make an attempt to defame or bring into disrepute our company or products, (for the avoidance of doubt, this provision does not affect customers giving genuine consumer feedback and reviews);
(h)you deconstruct or attempt to uncover intellectual property, machinery or technical information about the products, or are involved in any intellectual property infringement against us or any member of our group companies;
(i)you are using the products for the purposes of reselling or other commercial activity not falling within use as a consumer;
or(j)you misuse, damage, put at risk or alter the products in any way that affects our ownership or ability to take repossession of the products and/or resell them.
21.2.You must compensate us if you break the contract. If we end the contract in the situations set out in clause 21.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. Any such compensation shall be in addition to any further legal and/or equitable remedies that we may have against you in law, and shall not be taken to replace or affect any further remedies available.
21.3.We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least thirty (30) days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
21.4.If we end your subscription. You must return any products you have received as part of your subscription as soon as we have notified you that we are terminating your subscription. See section 19 ‘Returning Products’ for how to do this.
21.5.Ending this contract does not affect existing rights. Terminating this contract, the Customer Terms of Supply, does not affect any rights or remedies provided by law which exist at the date of the termination. Any parts of these Terms that by implication continue after the contract has been ended are not affected and will continue with full force.
21.6.If we think you have done anything unlawful. If you do anything we suspect may be fraud, theft or other criminal activity, we may report the matter and applicable details to the police. We would also immediately suspend or end any services and orders still due to be provided. Any sums in credit on your Account or paid in advance may be returned to any credit providers, card or payment account issuers, or they may be kept by us to cover the costs we have incurred dealing with your fraud or other criminal activity, including our estimation of costs for our own time and resources.
22.1.We are only responsible to you for reasonably foreseeable loss and damage caused by us. If we fail to comply with these Terms, our responsibility to you is strictly limited to loss or damage you suffer that is a reasonably foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it being a possibility with us during the sales process.
22.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 16.3; and for defective products under the Consumer Protection Act 1987.
22.3.Our liability to you is for the price you paid for the relevant products. Subject to clause 22.2 above, our total liability to you in any event shall not exceed the price you actually paid for the purchase or hire of any relevant products and/or subscription (including delivery costs). Where the price paid was for a PIW System subscription, it is limited to the subscription fees that you actually paid to us for the cost of your subscription during the material time/s that any loss or damage occurred.
22.4.We are not liable for third party services or events outside our control. We shall not have any responsibility or liability of any kind for any fault, failure, delay or other problem in performance of our obligations under these Terms that is caused by a third party, or by events outside of our reasonable control. We will use our reasonable endeavours to inform you of any situations outside our control that may impact or affect any provision of our obligations. At our sole discretion, we may from time to time provide assistance with issues caused by such events or a third party, via a good will gesture, but at no time shall this give you any rights to such assistance. You acknowledge and accept that your choice to receive any services from a third party recommended by us, such as a third party plumber, means that you enter into terms and conditions directly with that third party, that we shall hold no liability whatsoever for the recommendation or any services provided by the third party, and you undertake to do your own research and make your own suitable enquiries prior to engaging the services of the third party.
22.5.We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose, you are in breach of these Terms. If you use the products for any commercial, business or re-sale purpose, we shall have no liability for any business losses, including but not limited to loss of profit, loss of business, business interruption, or loss of business opportunity.
24.1.We may transfer this contract to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
24.2.You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. We may not agree if they do not meet our customer requirements, including credit checks, and/or if they are or would be in breach of any of clause 21.1.
24.3.Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of these Terms, except as authorised using the process in clause 24.2. Neither of us will need to get the agreement of any other third-party person in order to end the contract or make any changes to these Terms.
24.4.If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
24.5.Even if we delay in enforcing this contract, we can still enforce it later. A failure or delay by us in enforcing any of our rights does not result in a waiver of that right. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
24.6.These Customer Terms of Supply cannot be altered or varied without our express written consent received from an authorised director of our company.
24.7.Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the products in the courts of England & Wales. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
24.8.Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Retail ADR via their website at https://www.retailadr.org.uk/. Retail ADR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.