Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:
up to 30 days: if your goods are faulty, you can get a refund;
up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases;
up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
This contract sets out:
your legal rights and responsibilities;
our legal rights and responsibilities; and
certain key information required by law.
This contract applies where we enter into a contract with you at your house or work premises. If this is not the case, please tell us so that we can provide you with the terms that apply to your purchase.
In this contract:
‘we’, ‘us’ or ‘our’ means The Pure Water People Limited, a company registered in England and Wales with company number 08569393, and registered VAT number 179971245, whose registered address is at Unit 1, 38 Midland Road, Staple Hill, Bristol, BS16 4NW.; and
‘you’ or ‘your’ means the person buying goods from us.
If you have any questions about this contract or any orders you have placed, please speak with our representative or contact us by:
sending an email to [email protected]; or
calling us on 0117 910 9988 (our telephone lines are open Mon-Fri 08:30 to 17:00).
Who are we?
We are The Pure Water People Limited.
Our registered office is at: Unit 1, 38 Midland Road, Staple Hill, Bristol, BS16 4NW.
Our VAT number is: 179971245.
We are registered in the following trade register: https://trustedtraders.which.co.uk/pure-water-people-in-bristol/
We subscribe to the Which Trusted Trader code of conduct, which can be found at https://trustedtraders.which.co.uk/code-of-conduct/
Information we will give you
We will give you information on:
the main characteristics of the goods you want to buy
who we are, where we are based and how you can contact us
the total price of the goods including any taxes (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price)
the arrangements for payment, delivery, performance, and the time by which we will deliver the goods
how to exercise your right to cancel the contract and the costs of doing so
our complaint handling policy
the fact that we are under a legal duty to supply goods that are in conformity with the contract
our after-sales services
our commercial guarantees
how long the contract is for and how to end it
Introduction
If you buy goods from us you agree to be legally bound by this contract.
Information we give you
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made (see the summary box above).
We will give you this information in a clear and understandable way. Typically, our representative will give you this information on paper before you buy the goods from us. Some of this information is also set out in this contract, such as information on our complaint handling policy (see clause 14).
The key information we give you by law forms part of this contract (as though it is set out in full here).
If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
Your privacy and personal information
Our Privacy Policy is available at https://www.purewaterpeople.co.uk/privacy-notice/
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
Ordering goods from us
Below, we set out how a legally binding contract between you and us is made.
Any quotation given by us before you make an order for goods and/or services is not a binding offer by us to supply such goods.
When you decide to place an order for goods and/or services with us, this is when you offer to buy such goods from us.
When you place your order with our representative, they will acknowledge it in person, or if this is not possible, by phone or by email. This acknowledgement does not, however, mean that your order has been accepted by us.
We may contact you to say that we do not accept your order. This is typically for the following reasons:
the goods are unavailable;
we cannot authorise your payment;
you are not allowed to buy the goods from us;
we are not allowed to sell the goods to you;
you have ordered too many goods; or
there has been a mistake on the pricing or description of the goods.
the goods ordered are not suitable for installation at the designated property.
We will only accept your order when our representative confirms this to you by phone or we email you to confirm this (Confirmation Email). At this point:
a legally binding contract will be in place between you and us; and
we will deliver and install the goods for you at the location agreed by our representative when they confirm your order.
If you are under the age of 18 you may not buy any goods from us.
Right to cancel
Except in the circumstances listed in clause 5.3, you have the right to change your mind and cancel your order as follows:
in respect of orders for goods, you have 14 days from the date that you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods to cancel your order; and
in respect of orders for services, you have 14 days from the date you signed the order for services to cancel your order.
If you enter into a finance loan agreement where we are the intermediary, you may cancel such an agreement within fourteen (14) days of entering into it. The cancellation of any finance loan agreement does not cancel your order for goods and/or services unless you cancel your order, or any part of it, in accordance with clause 5.5.
You do not have the right to cancel orders for bespoke goods and/or goods made to measure and/or personalised for you. You also lose your right to cancel services in your order if you requested for us to start providing the services during the 14-day cancellation period and the services are fully performed during this period. In either situation, this will not affect your legal rights as a consumer in relation to bespoke or made-to-measure goods that are faulty or not as described.
When you place an order for services, you will be given the option to tick a box to request for us to start providing the services during the 14-day cancellation period. By ticking the box, you acknowledge that you will lose your right to cancel this contract once the services are fully performed (ie the work is completed). If you do not tick the box, we will not be able to start providing the services to you until the 14-day cancellation period has expired. We are not obliged to accept your request.
To cancel your order, please either write to us, using the email or postal address given above in our contact details, stating clearly the goods and/or services in your order which you wish to cancel, or call us using the phone contact number given above and speak to a member of our staff informing them clearly of the goods and/or services in your order which you wish to cancel. You may use the model cancellation form attached to this contract when writing to us by post or email, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel an order, or any part of an order, under the terms of clause 5.1 and you have made any payment in advance for the respective services cancelled that have not been provided to you or for the respective goods cancelled, we will refund the amounts of these payments.
Where you seek to cancel an order for goods and/or services under the terms of clause 5.1 but you are unable to cancel solely due to the goods being bespoke and/or made to measure and/or personalised, we will accept your cancellation provided that you pay us for our costs in fulfilling your order which we had incurred already when you communicated your cancellation to us under the terms of clause 5.5. We will do this by refunding you some or all of the money that you have already paid to us, or by reducing the invoice payable by you, whichever means is sufficient to cover our costs in fulfilling your order which we had already incurred when you communicated your cancellation to us under the terms of clause 5.5. We will tell you what these costs are when you contact us. However, where you have cancelled an order because of our failure to comply with these terms (except where we have been affected by an event outside our control), you do not have to make any payment to us, and we will repay to you any amount that you have already paid to us for that cancelled order.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you.
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than:
14 days after the day we collected the goods from you or received back from you any goods supplied; or
(if earlier) 14 days after the day you provide evidence that you have returned the goods; or
if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back.
If you have received goods:
we will disconnect, uninstall and collect the goods at no cost to you, without undue delay, and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us;
we will collect the goods at our own expense;
you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods and the cost of uninstalling the goods;
you will be liable for any damage to the goods or your property arising from your attempts to remove the installed goods;
we will not uninstall the by-pass system installed by us unless you require this;
we will arrange for the goods to be disconnected and collected within a reasonable timescale and at no cost to you.
Delivery
We will deliver and install the goods at a time as agreed between us.
If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.
Delivery of the goods might be in installments to facilitate any other work taking place at the address of the property confirmed by you, where the goods shall be delivered and installed (“Property”). Each installment shall constitute a separate contract governed by these terms.
If nobody is available to take delivery, please contact us using our contact details set out above.
The time of installation of the goods may depend on the availability of our engineers.
We shall complete the delivery and installation of the goods in a reasonable time unless expressly agreed in writing between you and us, in advance, that the goods must be installed by a particular time. We do not accept liability in relation to any unforeseen delay to the delivery or installation of the Goods.
Delivery of an order shall be completed when we deliver the goods to the Property. You are responsible for the goods once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the goods passes to you when you take, or a third party notified by you takes, possession of the goods. But ownership of the goods will remain with us until we have received payment in full for the goods. Failure to pay for the goods and/or services will result in future deliveries being suspended until payment has been received.
We do not make deliveries to any addresses outside of the UK and only within certain areas within the UK based on our geographical location and our supplier’s stipulations. We will advise you before we agree to supply goods and/or services to you if the address which you wish the goods and/or to be supplied to is within the territory in which we deliver those particular goods and/or services.
Payment
The price of the goods and/or the services will be set out in the order (“Price”).
Any changes to the specification in the order requested by you may affect the price of the goods and/or services.
It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. I you have not already signed the order then, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as mispricing, we do not have to provide the goods to you at the incorrect price. Once, however, you have signed the order we are bound to provide the goods for the price given in the order, whether or not the goods have been incorrectly priced.
You must make a deposit payment on the date of entering into the contract as set out in your order unless a finance agreement has been entered into by you for payment of the goods and/or services.
If delivery of the goods and/or services is by instalment in accordance with clause 7.3, and as set out in your order, then a part payment of the Price for the goods and/or the services is due with the delivery of each instalment as set out in your order. We will inform you of the amount due in advance as specified in your order or supplementary third party finance documentation.
The balance of the payment due must be paid by you on satisfactory completion of the installation of the Goods in cash, by debit or credit card, or by bank transfer as set out in your order. For the avoidance of doubt, deliveries and delivery dates of any ancillary Goods or Services under this contract shall not affect the payment terms in this clause 8.6 and clauses 8.5 and 8.4.
If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England 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.
Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.
Nature of the goods
The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality.
We are under a legal duty to supply you with goods that are in conformity with this contract.
The packaging of the goods may be different from that shown in our brochure.
While we try to make sure that:
all weights, sizes and measurements set out in our brochure are as accurate as possible, there may be a small tolerance of up to 10% in such weights, sizes and measurements in the goods; and
the colours of our goods are reproduced as accurately as possible in the brochure, the actual colours that you see on delivery may vary slightly.
Any goods sold at discount prices, as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
If we can’t supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:
we will let you know if we intend to do this but this may not always be possible; and
you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
Faulty goods
Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
speak with our main office on 0117 910 9988; or
contact us using the contact details at the top of this contract; or
visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
If your goods are faulty, please contact us using the contact details at the top of this contract.
We guarantee that on delivery and for the period of any warranty from us that is applicable to the goods, the goods shall be free from material defects meaning that the Goods shall not be faulty. However, this guarantee does not apply in the circumstances described in clause 10.5.
This guarantee does not apply to any defect in the Goods arising from:
fair wear and tear;
wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
misuse of the goods;
if you fail to operate or use the goods in accordance with the user instructions;
any alteration or repair by you or by a third party who is not one of our authorised repairers; and
any specification or inaccurate information provided by you.
This guarantee is further subject to the following conditions:
we have received full payment in accordance with clause 8 for the goods and services from you by the payment due date;
you have permitted us or one of our subcontractors’ access to inspect the goods on request at all reasonable times; and
you have maintained and serviced the goods annually, including the replacement of consumables, in accordance with our recommendations.
This guarantee does not apply where a defect arises due to an event outside our control, your wilful damage, negligence or not following our instructions.
Any warranties from us applicable to the Goods cover the free replacement of parts during the warranty period.
Any external weatherproof box provided by us shall be warranted for twenty-four (24) months from the date of installation. Please refer to the ‘Owner’s Manual’ you receive from us for details on how to maintain the box.
Associated pipework, stopcock connections and bypass valves shall be warranted for twelve (12) months from the date of installation.
The goods may come with a manufacturer’s guarantee. For details, please refer to any manufacturer’s guarantee provided with the goods.
These guarantees are in addition to your legal rights in relation to the goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
End of the contract - If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
Limitation on our liability
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
losses that were not foreseeable to you and us when the contract was formed;
losses that were not caused by any breach on our part;
business losses; or
losses to non-consumers.
Third party rights - No one other than a party to this contract has any right to enforce any term of this contract. However, if a person acquires the goods lawfully from you, you may transfer our guarantee to that person. This also applies where we have provided services in respect of an item you have transferred to another person.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you under these terms and conditions that is caused by any events outside our control, provided that we make all reasonable efforts to minimise the effects of any events outside our control.
If we are unable to perform any of our obligations under these terms and conditions due to any events outside our control as set out in clause 14.1, and this leads to a service, or part of a service, or any goods, due to you from us not being supplied to you as a result, then we will refund any payment that you have made already for any such goods and/or services so affected, and you will have no obligation to pay for any such goods or services not supplied by us due to the events beyond our control.
An event outside our control means an event or sequence of events beyond our reasonable control preventing or delaying us from performing our obligations to you under these terms and conditions, including, without limitation, an act of God, fire, flood, lightning, earthquake or other natural disaster, pandemic, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service, or material required for performance of our obligations to you, strike, lockout or boycott or other industrial action including those involving our or our suppliers’ workforce;
Disputes
We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this contract.
A copy of our complaint handling policy is contained in our Complaints Leaflet which is attached at the end of these terms.
If a dispute cannot be resolved in accordance with our complaint handling policy or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court. Our ADR is available via this https://trustedtraders.which.co.uk/articles/how-to-make-a-complaint/
You can submit your dispute to Which Trusted Traders going to https://trustedtraders.which.co.uk/articles/how-to-make-a-complaint/. Which Trusted Trader is the ADR provider we use and is approved by the government to provide ADR services.
If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.
The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.