1. Delivery and Installation of Products
1.1 You may place an order with us in the following ways:
- Website: www.living-water.co.uk
- Email: info@living-water.co.uk
- Telephone: 02031399051
- Postal addressed: Unit 1, 55 Weir Road, London, SW19 8UG, United Kingdom
1.2 Where an Order is not made through the Website, the Order made shall clearly state (1) the type of Products; (2) the quantities ordered; (3) the location where the Products are to be delivered; and (4) whether the Buyer requires the Company to install the Products. Where an Order is placed orally or in the event of any dispute as to the Order, the Company’s version of the Order shall be deemed as the authoritative Order and the Buyer shall not dispute the correctness of the same.
1.3 The Company will on a reasonable endeavours basis dispatch the Products to the location specified in the Order within 24-48 hours. For the avoidance of doubt, as the actual delivery of the Products is carried out by third party couriers, the Company shall be under no liability for any delay or failure to deliver the Products. Notwithstanding the foregoing, subject to additional delivery charges which the Company shall be entitled to charge the Buyer, the Company shall arrange for such Products to be delivered to the Buyer at specific dates and/or times as may be requested by the Buyer.
1.4 Unless otherwise agreed in writing by the Parties, the Buyer agrees that risk or loss or damage of Products passes to the Buyer on upon delivery of the Products or on the date of first attempted delivery by the Company.
1.5 If the Company is unable to effect delivery due to any fault of the Buyer, the Buyer may incur additional delivery charges.
1.6 Where the Buyer requires the Company to install the Products for the Buyer, the Company shall on a reasonable endeavours basis carry out such installation within 7 days from the date when such Order was accepted by the Company.
2. Loss and Damage
2.1 If there is a problem with the goods, please contact us. We will deal with the matter in accordance with your legal rights.
2.2 Any Products delivered to the Buyer shall be deemed to be in good order unless the Buyer informs the Company of any defects, faults or malfunction of the Products (collectively as ‘Faults’) within 5 working days from the day of receipt of the Products unless the Faults are not ascertainable from reasonable inspection; in which case, the Buyer shall inform the Company of the faults as soon as it is practicable. Subject to the Company’s agreement, the Buyer shall return the goods to the Company at their own expense. The Buyer must ensure the goods are packaged adequately to protect against damage. If the Buyer fails to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, the Company may charge for the reduction in value.
3. Price and Payment
3.1 Any price quoted by the Company is based on its current price as on the date the quotation is made but the actual price payable for the Products shall be based on the actual current price of the Company as at the time of acceptance of the Order.
3.2 Where Orders are made through the Website
3.3 No payment for the Products shall be deemed to have been received until the Company has received cleared funds.
3.4 If the Buyer fails to settlement any payment due to the Company within the stipulated time, the Company shall be entitled (without prejudice to any other right or remedy it may have) to charge the Buyer interest on the sum at the rate of 3% per cent per annum above Barclays Bank PLC base rate in force from time to time from the date the payment became due until actual payment is made (irrespective of whether the date of payment is before or after any judgment or award in respect of the same).
4. Cancellations
4.1 No cancellations of Orders shall be permitted unless agreed in advance by a manager of the Company.
4.2 If Products have been delivered, the Products may not be returned unless agreed in advance by a manager of the Company. Any return which has been agreed shall be subject to the following conditions:
4.2.1 The Products are in brand new and in unused condition;
4.2.2 The packaging of the Products remain intact and unbroken and in reasonable condition;
4.2.3 The Products are returned at the cost of the Buyer; and
4.2.4 The returned Products are received within 14 days from when a manager of the Company agreed to accept the returned Products.
4.3 Where Products are cancelled or returned pursuant to this Clause 6, the Company reserves the right to charge an administration cost.
5. Disputes and set off
Any liability of the Company under any Contract is subject to and conditional upon the Buyer duly performing and observing all its obligations under the relevant Contract and these Conditions.
6. Warranties and Liability
6.1 The Company will use its reasonable endeavours to pass on any manufacturer’s warranty to the Buyer.
6.2 The Company shall not be liable for any Fault in respect of the Products if:
6.2.1 Such Fault arose as a result of the Products being improperly used and/or not used in accordance with the manufacturer’s manual; or
6.2.2 Such Fault was the result of unauthorised modification of the Products without the written consent of the Company.
6.3 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions and/or Contracts.
6.4 The Company shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for loss of profit, loss of Company, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with these Conditions or Contracts.
6.5 The provisions of this Clause 6 shall survive the termination of these Conditions and/or Contracts.
6.6 The exclusions and limitations of liability set out in this Clause 6 shall be considered severally. The invalidity or unenforceability of any one of these sub-clauses shall not affect the validity or enforceability of any other part of this Clause 6.
7. Termination and Suspension
Without prejudice to the rights and remedies available to the Company (whether under these Conditions, Contracts or otherwise), the Company shall be entitled to (at its sole discretion) upon providing the Buyer with notice of such intention, terminate and/or suspend in whole or in part, any Contracts entered into between the Buyer and the Company if:
7.1 The Buyer fails or refuses to take delivery of any Products in accordance with these Conditions;
7.1 The Buyer commits any material breach of these Conditions;
7.1 The Buyer fails to pay any sums due to the Company; or
7.1 The Buyer makes any composition or voluntary arrangement with its creditors or becomes bankrupt or enters into administration or goes into liquidation (other than for the purpose of amalgamation or reconstruction).
8. Force Majeure
The Company shall not be liable to the Buyer or be deemed to be in breach of these Conditions or any Contracts by reason of any delay in performing or any failure to perform any of its obligations in relation to the Products if the delay or failure was beyond the Company’ reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond the Company’ reasonable control:
8.1 Act of God, explosion, flood, tempest, fire or accident.
8.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition.
8.3 Acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
8.4 Import or export regulations or embargoes.
8.5 Strikes, lockouts or other industrial actions or trade disputes.
9. Support Services
9.1 The Buyer may contact the Company’s excellent customer support service for any support services required. The support line is 0207 133 9051.