PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SHOPPING ONLINE AT AVOCA WATER SOFTENER SERVICES LTD. BY ACCESSING OR USING OUR WEBSITE YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. PRICES ARE IN EURO. ALL PRICES ARE INCLUSIVE OF VAT IF APPLICABLE. WE MAY CHANGE THE ADVERTISED PRICE OF A PRODUCT AT ANY TIME. THE PRICE YOU PAY WILL BE THE PRICE IN FORCE AT THE TIME OF YOUR ORDER. THE PRICE ON YOUR ORDER WILL BE VALIDATED BY US AS PART OF THE ACCEPTANCE PROCEDURE. WE DO OUR UTMOST TO ENSURE THE PRICES DISPLAYED ON OUR WEBSITE ARE CORRECT AT ALL TIMES. SHOULD A PRICING ERROR ARISE, WE WILL INFORM YOU AS QUICKLY AS POSSIBLE. IF THE CORRECT PRICE OF THE PRODUCT IS HIGHER THAN THAT STATED ON YOUR ORDER THEN YOU HAVE THE OPTION TO EITHER PROCEED WITH THE ORDER AT THE REVISED PRICE OR CANCEL YOUR ORDER.
We accept all major Credit\Debit cards and payment is taken when the order is placed. This is to protect us from card fraud. AVOCA WATER SOFTENER SERVICES LTD are entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means (“Confirmation”) to the email address you have given us on the order. If you do not receive a confirmation email, please contact us to ensure your order has been accepted. You undertake that the details you provide to us for the purpose of purchasing our products will be correct, that the debit or credit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of your order. We reserve the right to obtain validation and verification of the authenticity of your credit or debit card details before providing you with any products.
All products are subject to availability. If the product you order is unavailable or out of stock we will contact you as soon as possible and if you do not wish to proceed with your order we shall reimburse your payment in full.
ARRANGING AND ANTICIPATING DELIVERY
Delivery options will be clearly detailed before you complete your order.
Any time or dates stated on our website or confirmation emails regarding delivery are estimates only. AVOCA WATER SOFTENER SERVICES LTD will make all reasonable effort to deliver products within the time specified, but does not accept liability for any failure to deliver within that time. Orders received on Saturdays, Sundays or public holidays, will be processed the next working day.
Whilst we agree to use all reasonable endeavours to ensure that delivery is made around the delivery time advertised, you will acknowledge that actual delivery is often via third party suppliers and carriers and can therefore be beyond our control. Incorrect personal details may lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full address details, including accurate postcode of the delivery address and your daytime contact telephone number and e-mail address so we can notify you in the event of a delivery problem.
WHEN THE DELIVERY ARRIVES
Delivery will be deemed as successfully made once the product has arrived at the address specified. No signature is required for proof of delivery, except where carriers use this for their own confirmation. Products may be left at the delivery address without the recipient’s permission except where third party suppliers require signed confirmation. Products will be deemed your responsibility once they have been received by you, your agent or the intended recipient. Any loss or damage to the products shall then be at your own risk.
In case of delivery to certain locations such as Schools, Clubs, Business premises, the signature of any person authorized to accept delivery on behalf of the organisation shall be accepted as proof of delivery. Should delivery be refused at the delivery address, and re-requested for another date, we may charge for the second delivery, since we met our delivery obligations with the initial delivery attempt. It is the recipient’s responsibility to sign for the correct number of packages as shown on the carrier’s delivery consignment note. Shortages must be noted on the consignment note where possible. You should notify us of the shortages within 10 days of delivery. If boxes look damaged on Delivery we recommend the contents are inspected before accepting and signing the delivery note.
CANCELLATIONS AND RETURNS
We endeavour to provide the best Customer Service possible. Should anything go wrong, we will make every effort to resolve the issue. However, should the problem be unsolvable, or you prefer to amend or Cancel your Order, please contact us.
You may cancel your Order within 24 hours from the date of making the Order for any reason. If you cancel your Order via telephone your Order will be put on hold. You must confirm your wish to cancel the Order in writing via email within 24 hours. Your Order will not be considered Cancelled until notification in writing is received.
If you decide to cancel an Order after the Products have been dispatched and commenced their carriage to you by carrier or post, we may charge you for the carriage of those Products and any administration incurred. We advise you check the status of the Order before you request Cancellation. Any charges will be communicated to you before we confirm the Cancellation.
Before you request or arrange return of a Product, please read the information below carefully.
You may return any Delivered Product you have purchased within 14 working days of delivery. To do so you must notify us in writing via email or post within 14 working days of delivery. If you are Returning a Product, you must pay the costs of Returning the Product to us, except where
- The Product delivered is not what you Ordered (including an unapproved Substitute Product), or does not correspond with its description; or
- The Product delivered is not of a satisfactory quality, or
- The Product arrives damaged or faulty and you have notified us within 7 working days from delivery.
If the Product arrives in a damaged condition and you have notified us within 7 working days from delivery you must also make a note on the carrier’s delivery consignment note where possible. In these circumstances we will replace the item or affected parts or you may Cancel the Order and receive a full Refund.
If the Product becomes defective soon after 7 working days from delivery, AVOCA WATER SOFTENER SERVICES LTD will, at its sole option, repair the product, replace the product or refund you in full or in part.
We will not accept Returns or Cancellations if the Products have been altered by applying chemicals or paints to the surfaces or by altering or customizing the Product in any way that could be deemed as you using or treating the Products as your own. While in your possession, you must keep any Products you intend to return to us in good condition. Products must be returned in the same condition as they were delivered. If products were delivered flat packed they must be returned in the same way. Care must be taken to ensure the Return Products are packed well to avoid damage or loss of parts in transit. Products returned which cannot be re-sold as new due to damage or wear and tear may be subject to a reduction in the Refund given.
Refunds will be processed within 30 days. Where exchange rates of currency are involved, the Refund will be made in Euros at the current exchange rate. We do not accept responsibility for any loss or gain caused by changes in the exchange rate between the time of Ordering and the time of issuing the Refund.
We may assign, transfer, novate or subcontract any or all of our rights and obligations under these Terms and Conditions at any time.
We may alter these Terms and Conditions from time to time and post the new version on our web site, following which all use of our web site will be governed by that version. You must check the Terms and Conditions on the web site regularly.
If any provision or terms of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them.
These Terms and Conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
All notices shall be given:
* to us via email or by post at: email@example.com
AVOCA WATER SOFTENER SERVICES LTD
* to you at either the email or postal address you provide during any Ordering process. Notice shall be deemed received when an email is received in full by 5pm (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
MODIFICATIONS TO WEBSITE
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our web site or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these Terms and Conditions.
Please note that although we try to ensure that the content of our web site is accurate, our web sites may contain typographical errors or other inaccuracies.
These Terms and Conditions replace all other Terms and Conditions previously applicable to the use of our web site and/or sale of the Products.
NATURE OF OUR WEBSITE
Our web site is a place for you to browse, select and order products (the “Products”). Our web site describes the Products in more detail.
Please note that our web site is available only to individuals that can form legally binding contracts under applicable law. You must be over 18 years to purchase the Products, using the payment methods displayed on our web site.
If you do not qualify you may not use our web site.
We promise that for any Product you purchase from our web site:
- We have the right to sell the Product to you;
- The Product will correspond with the description we have given to you; and
- The Product will be of satisfactory quality.
We also promise that any service we provide to you will be provided with reasonable skill and care. Subject to our Delivery statements, we shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our web site or any information or service provided through our web site If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation. The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permissible by applicable law.
INFORMATION YOU PROVIDE TO US
The following applies to any information you provide to us, for example during the registration or Ordering process.
- You authorize us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our web site by us, our suppliers, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our “Partner Companies”).
- You must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libelous or defamatory of any person or be otherwise unlawful;
- You must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for Products or services; and * We have the right to monitor Content and may elicit, reject remove or change Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming emails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above. You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us except any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us. You warrant and undertake that you will not use our web site for any purpose that is illegal or prohibited by these Terms and Conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these Terms and Conditions then your permission to use this web site terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these Terms and Conditions.
You are responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our web site You may not share these with or transfer them to any third parties. You must notify Us immediately of any unauthorized use of them or any other breach of security regarding our web site that comes to your attention.
APPLICABILITY OF ONLINE MATERIALS
Unless otherwise specified all content and materials published on our web site are presented solely for your private, personal and non-commercial use.
Our web site is controlled and operated by us from our office in Ireland. Where content published on our web site is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our web site and use of all information contained within it.
We have used our best endeavours to ensure that our web site complies with UK and Irish laws. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside the Republic of Ireland and UK. Those who visit our web site from other locations do so on their own initiative and are responsible for compliance with all applicable laws
If use of our web site and/or viewing of it, or use of any material or content on our web site or services, or products offered through our web site are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorized to view or use our web site and you must exit immediately. AVOCA WATER SOFTENER SERVICES LTD makes no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK or Ireland is permitted under any applicable non-UK/Irish laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you.
You accept that if you are resident outside Ireland or the UK, you must satisfy yourself that you are lawfully able to purchase the Products. AVOCA WATER SOFTENER SERVICES LTD accepts no liability, to the extent permitted by applicable laws, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside Ireland or the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
COPYRIGHT AND MONITORING
The contents of our web site are protected by international copyright laws and other intellectual property rights. The owner of these rights is AVOCA WATER SOFTENER SERVICES LTD, its affiliates or other third party licensors. All product and company names and logos mentioned in our web site are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our web site for the sole purpose of placing an Order with us or using our web site as a shopping resource.
However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in Order to complete any test or questionnaire.
AVOCA WATER SOFTENER SERVICES LTD make no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site When you access any other web site you understand that it is independent from us and that we have no control over the content or availability of that web site In addition, a link to any other web site does not mean that AVOCA WATER SOFTENER SERVICES LTD endorses or accepts any responsibility for the content, or the use of, such a web site and AVOCA WATER SOFTENER SERVICES LTD shall not be liable for any loss or damage cause or alleged to be caused by or in connection with use or reliance on any content, Products or services available on or through any other web site or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.
AVAILABILITY OF OUR WEBSITE
We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.
You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other Internet connected device. We will do our best to ensure that all materials and information published on our web site are accurate, but please note that all content, materials and information on our web site are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our web site and use of all information contained within it.
We accept no liability for any indirect, consequential loss, damage or special or punitive damages, or costs, or for any loss of data, profit, revenue, business contracts (whether direct or indirect) in each case, however caused, even if foreseeable and even if we have been advised of the possibility of such damages. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our web site or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these Terms and Conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Us or our servants, agents or any other person or entity.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our web site and is compatible with our web site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our web site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.