Terms & Conditions
In these conditions:
“The Company” means Aqua Ozone.
“The Buyer” means the persons, firm or company entering into the contract with the Company.
“The Conditions” means the conditions herein contained relating to the sale of the goods.
“The Contract” means the contract between the Company and the Buyer, created upon acceptance of the Buyer’s order.
“The Goods” means the goods or services supplied hereunder in accordance with the order.
“The Order” means the order placed by the Buyer, based on the Company’s quotation.
“The Quotation” means the quotation provided by the Company to the Buyer.
(a) Quotations for and acceptance of all orders are subject to these conditions and shall govern the contract to the exclusion of all other terms and conditions. The Buyer shall be deemed to have accepted these conditions on placing the order.
(b) No addition to or variation from these terms and conditions shall have effect unless the same are expressly accepted by the Company in writing under the hand of a director of the Company.
(c) The conditions represent the entire agreement and understanding of the parties and supersede any prior agreements, representations or undertakings.
(a) The price for goods will be as provided in the quotation and confirmed to the Buyer in the Company’s invoice.
(b) The Company reserves the right to vary from the price quoted to the extent that such variation is required to cover increases in the cost of supplying the goods between quotation and delivery to the Buyer. Prices at the date of delivery shall therefore prevail.
(a) Payment shall be made within 30 days following the month of invoice unless otherwise agreed and confirmed to the Buyer in the Company’s invoice.
(b) In the event of late or part-payment, interest at the rate of 5% above the Company’s bank base lending rate shall be charged on the sum outstanding on a daily basis until full payment is received.
(c) All prices quoted are exclusive of VAT, carriage, insurance, packing and all other duties, taxes or levies required to be paid under the contract.
(a) The appointment of carriers is at the Company’s sole discretion unless the Buyer indicates a specific carrier prior to quotation.
(b) All reasonable efforts will be made by the Company to fulfil delivery dates provided that reasonable notice of such date is given by the Buyer. Time is not of the essence in the contract.
(c) The Company will consider repair or replacement of goods damaged or lost in transit where delivery is made by the Company’s carrier providing written notice of such damage or loss is provided within 3 days by the Buyer.
RISK AND PROPERTY
(a) Risk in the goods passes on delivery.
(b) Title in the goods will not pass to the Buyer until payment in full of the invoice.
(c) Where the Buyer sells goods on to a third party title will pass immediately before the goods are delivered to such third party.
(d) Where goods are attached to, or incorporated in other goods, or altered, title will not pass by virtue of such attachment or alteration, where the goods can be detached or removed.
(e) The Buyer is required to store the goods supplied separately from any other goods in its possession until title has passed in accordance with sub-paragraphs (b) and (c) above.
(f) If the Buyer is overdue in payment for the goods or other goods supplied by the Company, the Company may recover and sell the goods. The Company shall be entitled to take possession of the goods and is hereby granted licence to enter the Buyer’s premises for such purpose and may, if necessary, detach or remove the goods from other goods or equipment. This will not affect any other right the Company may have against the Buyer.
(g) Until payment for the goods and all other goods which are supplied under these conditions:
(i) The Buyer shall hold the goods upon trust for the Company.
(ii) If the goods are sold the Buyer shall hold the proceeds of sale on trust for the Company in a separate bank account specifically designated for this purpose.
(iii) The Company reserves the right to trace the proceeds of sale received into any bank or other account which the Buyer maintains.
(iv) If the goods are sold the Company may by written demand require an assignment of the Buyer’s right to recover the price from any third party.
(v) If the Buyer incorporates the goods into, or uses the goods for manufacture of other goods, before payment in full of the price, the Company shall be entitled to take possession of the new goods and is hereby granted a licence to enter the Buyer’s premises for the purpose of recovering the new goods. The Company shall be entitled to sell the new goods (subject to any third party rights therein) and shall retain from the proceeds of sale the amount outstanding to the Company for the goods and pay any balance remaining to the Buyer.
WARRANTY AND LIABILITY
(a) Subject to the conditions set out below, the Company warrants that the goods will be free from defects in material and workmanship for a period of 12 months from the date of delivery and shall replace any goods which the Buyer proves to the satisfaction of the Company to be faulty in accordance with this condition.
(b) The warranty given in paragraph (a) is subject to the following conditions.
(i) The Company shall be under no liability in respect of any defect in the goods arising from any specification of the Buyer provided in its order or any tender.
(ii) The Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions, misuse or alteration or repair of the goods without the Company’s written approval.
(iii) The Company shall be under no liability under the above warranty if the total price for the goods has not been paid by the due date for payment.
(iv) The above warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the Buyer shall only be entitled to the benefit of any warranty or guarantee provided by the manufacturer thereof to the Company.
(c) Subject as expressly provided in these conditions, all warranties, conditions or other terms implied by statute or common law are expressly excluded to the extent permitted by law.
(d) Except in respect of death or personal injury caused by the Company’s negligence (or implied under the Consumer Safety Act 1987) the Company shall not be liable to the
Buyer by reason of any representation, implied warranty, condition or other term or under the express terms of the contract for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever arising out of the supply of goods and the Company’s liability for direct loss (otherwise than for death or personal injury) shall be limited to the value of the invoice for the contract.
The Company shall levy a storage charge to the Buyer for all goods stored by the Company within 1 month of the following;
(i) The Buyer failing to collect any goods from the Company’s premises following written notification of availability for collection;
(ii) The Buyer failing to take delivery of the goods or failing to make arrangements for delivery upon written notification of readiness for dispatch.
(a) The Company will not accept the return of any goods without its prior written consent.
(b) Where such consent is provided goods shall be returned at the Buyers expense.
(c) Credit for goods returned will be provided by the Company at the goods resale value, less a handling fee of 20%, provided that the goods are returned in a condition suitable for resale.
The Company may make such alterations or modifications as it deems necessary to the goods or their manufacture without notice to the Buyer from time to time.
All notices to be given under the contract shall be given by prepaid first class post or facsimile to the registered office or principal place of business of the party to be notified and shall be deemed to have been delivered if by letter at the expiration of 48 hours after posting and if by facsimile on receipt.
Without prejudice to any other remedies the Company may have against the Buyer. The Company may terminate the contract on notice to the Buyer, upon the Buyer becoming bankrupt or insolvent or upon a resolution to wind up the Buyer being passed or a receiver, administrative receiver or administrator being appointed and shall be entitled to take possession of all goods supplied and unpaid for, in accordance with paragraph 6 hereof.
The Company shall be entitled to cancel the contract or reduce the quantity of goods to be provided if it is prevented from providing the goods through any circumstances beyond its reasonable control including (but not limited to) industrial action, war, fire or prohibition or enactment of any kind, and will not be liable for any loss or damage incurred whatsoever arising therefrom.
The contract shall be governed by English law and subject to the exclusive jurisdiction of the High Court in England.
1 INFORMATION WE COLLECT FROM YOU
We will collect and process the following data about you:
1.1 Information you give us. This is information about you that you give us by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our site, subscribe to our service, search for a product, place an order on our site, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey, and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.
1.2 Information we collect about you. With regard to each of your visits to our site we will automatically collect the following information:
i. technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
ii. information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
1.3 Information we receive from other sources. This is information we receive about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data if we intend to share those data internally and combine it with data collected on this site. We will also have told you for what purpose we will share and combine your data. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies). We will notify you when we receive information about you from them and the purposes for which we intend to use that information:
3. USES MADE OF THE INFORMATION
We use information held about you in the following ways:
3.1 Information you give to us. We will use this information.
i. to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
ii. to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
iii. to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
iv. to notify you about changes to our service;
v. to ensure that content from our site is presented in the most effective manner for you and for your computer.
3.2 Information we collect about you. We will use this information:
i. to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
ii. to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
iii. to allow you to participate in interactive features of our service, when you choose to do so;
iv. as part of our efforts to keep our site safe and secure;
v. to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
vi. to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
3.3 Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out
above (depending on the types of information we receive).
4. DISCLOSURE OF YOUR INFORMATION
4.1 You agree that we have the right to share your personal information with:
4.1.1 Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
4.1.2 Selected third parties including:
i. business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
ii. analytics and search engine providers that assist us in the improvement and optimisation of our site;
iii. credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
4.2 We will disclose your personal information to third parties:
4.2.1 In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
4.2.2 If Aqus Ozone or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
4.2.3 If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms Of Website Use or Terms & Conditions of supply and other agreements. This includes exchanging information with other companies and organisations
5. WHERE WE STORE YOUR PERSONAL DATA
The data that we collect from you will be transferred to, and stored at, a destination outside the European Economic Area (”EEA”). It will also be processed by staff operating outside the EEA who work for us or for one of our suppliers. This includes
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of
our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at
your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
6. YOUR RIGHTS
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any
third party for such purposes. You can also exercise the right at any time by contacting us at email@example.com.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not
accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
7. ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request will be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.