This document (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) or services (Services) as listed on our website www.delagua.org (our site) to you. Please read these terms and conditions carefully before ordering any Products or Services from our site via telephone or email. You should understand that by ordering any of our Products or Services, you agree to be bound by these terms and conditions. These terms and conditions shall apply and form the contract between us, and shall prevail over any inconsistent terms or conditions contained, or referred to, in any document you provide us with, or are otherwise implied by law, trade custom, practice or course of dealing.
If you are looking at a soft copy of this document, you should print a copy of these terms and conditions for future reference.
www.delagua.org is a site operated by Delagua Water Testing Limited ("We" of “us”). We are registered in England and Wales under company number 05940720 and have our registered office at Ye H’aepennies, High Street, Marlborough, Wiltshire, SN18 1LZ. Our main trading address is DelAgua Water Testing Limited, University of Surrey, AW02, GUILDFORD, Surrey GU2 7XH United Kingdom. Our VAT number is GB 891 2419 14. We are a limited company
By placing an order, you warrant that:
(a)You are legally capable of entering into binding contracts; and
(b)You are at least 18 years old;
| 1.2 | After placing an order (by telephone or email), you will receive an e-mail from us acknowledging that we have received your order (the Acknowledgment Email). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Product or Services. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product and/or Services will be supplied (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation. |
| 1.3 | The Contract will relate only to those Products and Services confirmed in the Order Confirmation. We will not be obliged to supply any other |
Products or Services which may have been part of your order until the delivery of such Products or Services have been confirmed in a separate Order Confirmation.
We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that Products or Services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
| 1.4 | If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products (in respect of Products), or beginning the day after the Contract was concluded (in respect of Services). In such instances, you will receive a full refund of the price paid for the Products and/or Services (as applicable) in accordance with our refunds policy set out in clause 10 below, save that a Contract for Services cannot be cancelled once the supply of Services has begun. |
| 1.5 | To cancel a Contract, you must inform us in writing. You must also return any Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. |
| 1.6 | Details of this statutory right, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your statutory rights. |
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances.
In respect of Services, we will use reasonable endeavours to supply the Services by such dates identified in the Order Confirmation (but time shall not be of the essence for performance of the Services). We will use reasonable endeavours to provide the Services, and to deliver any associated deliverables, in accordance with the Order Confirmation.
| 1.7 | Any Products ordered will be at your risk from the time of delivery. |
| 1.8 | Ownership of such Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges. |
| 1.9 | The price of any Products and Services will be as detailed in the Order Confirmation, except in cases of obvious error. |
| 1.10 | These prices include VAT. Delivery costs (where applicable), which will be added to the total amount due, and will be set out in the Order Confirmation. |
| 1.11 | Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Order Confirmation. |
| 1.12 | Our site contains a large number of Products and Services and it is always possible that, despite our best efforts, some of the Products and Services listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product/Service’s correct price is less than our stated price, we will charge the lower amount to you. If a Product/Service’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before performing the Contract, or reject your order and notify you of such rejection. |
| 1.13 | We are under no obligation to provide the Product/Service to you at the incorrect (lower) price, even after we have sent you a Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. |
| 1.14 | When you return a Product to us: |
| (a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us. (b) for any other reason (for instance, because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. | |
| 1.15 | We will usually refund any money received from you using the same method originally used by you to pay for your purchase. |
| 1.16 | We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. We further warrant that any Services will be carried out with reasonable skill and care. |
| 1.17 | Our liability for losses you suffer as a result of us breaking this Contract is strictly limited to the purchase price of the Products and/or Services you purchased. |
| 1.18 | This does not include or limit in any way our liability: |
| (a) For death or personal injury caused by our negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. | |
| 1.19 | We are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to: |
| (a) loss of income or revenue (b) loss of business (c) loss of profits or contracts (d) loss of anticipated savings (e) loss of data (f) loss of data, or (g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause |
| 1.20 | If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. |
| 1.21 | Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws. |
Applicable laws require that some of the information or communications we send to you should be in writing. You accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to DelAgua Water Testing Limited at sales@delagua.org We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
| 1.22 | The contract between you and us is binding on you and us and on our respective successors and assigns. |
| 1.23 | You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. |
| 1.24 | We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. |
| 1.25 | We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). |
| 1.26 | A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: |
| (a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e) Impossibility of the use of public or private telecommunications networks. (f) The acts, decrees, legislation, regulations or restrictions of any government. | |
| 1.27 | Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event |
| 1.28 | If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. |
| 1.29 | A waiver by us of any default shall not constitute a waiver of any subsequent default. |
| 1.30 | No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above |
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
| 1.31 | These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. |
| 1.32 | We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions. |
| 1.33 | Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions |
| 1.34 | We have the right to revise and amend these terms and conditions from time to time. |
| 1.35 | You will be subject to the policies and terms and conditions in force at the time that you order Products and/or Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of (i) receipt by you of the Products) (in the case of the Products) or (ii) the day after the Contract has concluded (in the case of Services)) |
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Empty
