TERMS AND CONDITIONS

TERMS AND CONDITIONS

DEFINITIONS

1.1 AquaEuro

East Midlands Water.Com Limited, a private company limited by shares and incorporated under the laws of England and Wales under the registered company number 03663830 whose registered office is 2 Cannock Street, Leicester, Leicestershire, LE4 9HR and shall include any subsidiaries of the Company or its authorised contractors.

1.2 Consumer

Shall be a reference to the individual, company, partnership, or other body that purchases the Goods from EMWC and does not extend to third parties whom may become the ultimate user of the product;

1.3 Goods

Shall be reference to any product sold or supplied by EMWC, including any product developed by EMWC or purchased by EMWC from another source.

1.4 Terms

These Terms and Conditions set out here, set out the Terms of the contract between EMWC and the Consumer in the supply of all Goods by EMWC to the Consumer. Variations of these Terms and Conditions will only apply if agreed in writing with EMWC.

1.5 Formation of the Contract

The contract will be formed when one of the following events occurs;

If ordering Goods using the EMWC website, the contract is formed when the Consumer confirms payment for the Goods listed in the online cart of the Consumer.

If ordering Goods over the telephone, the contract is formed when the Consumer provides and authorises use of payment details to the telephone operative acting on behalf of EMWC.

If ordering Goods using an electronic system in a face to face situation, the contract is formed when the Consumer provides and authorises the use of payment details.

If ordering Goods using an order form in a face to face situation, the contract is formed when the Consumer signs the order form. The use of the order form does not negate any of our terms and conditions as shown on our website.

If ordering Goods by returning a standing order mandate, the contract is formed upon receipt of the completed standing order mandate from the Consumer.

1.6 Subject matter of the Contract

The subject matter of the contract will be detailed in one of the following formats;

If ordering Goods using the EMWC website, the subject matter of the contract are those Goods listed in the Consumers online cart.

If ordering Goods over the telephone, the subject matter of the contract are those Goods requested by the Consumer to, and confirmed available to the Consumer by, the telephone operative of EMWC.

If ordering Goods using an order form, the subject of the contract are those Goods as set out in the order form.

If ordering Goods by returning a standing order mandate, the subject matter of the contract are the total number of Goods referred to on the standing order or in any literature accompanying the standing order, regardless of a staggered delivery (if any).

1.7 Price and Payment

The price of the Goods that are the subject matter of the contract shall be the price referred to on the website and/or order form and/or standing order mandate and/or by the telephone operative of EMWC. If the Goods are ordered using the EMWC website and/or an order form and/or over the telephone, the Payment for the Goods is due immediately upon formation of the contract. If the Goods are ordered using a standing order mandate, payment for the Goods are to be made in the manner prescribed in the standing order mandate or any accompanying literature. If one of the payments is not made in accordance with the manner set out in the standing order mandate, or any accompanying literature, that payment becomes due immediately together with any payments that were due to be paid at a later date.

1.8 East Midlands Water.com are a supply only business. We do not install units or offer a customer premises based faulty finding service post installation. We are not responsible for any third party installation or fault finding, in any circumstances. Requests for assistance are managed via our Technical Service team and offered as a sole remedy.

2 DELIVERY, PACKING AND HANDLING

2.1 Any date quoted for delivery of the Goods are approximate only and EMWC shall not be liable for any delay in delivery of the Goods, howsoever caused.

2.2 Delivery shall take place by such method as EMWC may, in its absolute discretion decide, to the delivery destination, on or as close to the delivery date as is reasonably practicable in all the circumstances.

2.3 In the event that the Consumer requires a delivery on a day or time outside of EMWC normal delivery hours (Monday to Friday, 0830 – 1800), EMWC reserves the right to make an additional charge that will reflect the actual charge being raised by the agent making the delivery and shall advise the Consumer of any such additional charge when the order is confirmed. For the avoidance of doubt, the delivery date is approximate only, and time shall not be of the essence for delivery.

2.4 Delivery of the Goods shall be deemed to have taken place when they have been delivered to the delivery destination as nominated by the Consumer.

2.5 Where delivery of goods has been agreed with the consumer for a specific date and the delivery is alleged to have not taken place, the onus of notification of non delivery lies with the consumer. Non delivery needs to be advised to EMWC within 10 working days of the agreed delivery date. EMWC cannot be responsible for loss of goods, alleged or otherwise, where the non delivery advice timescale has not been observed. As tracking information is supplied by a third party (courier company) EMWC cannot be held responsible for its accuracy in cases of non delivery or incorrect delivery.

2.6 In the event that payment for the Goods has been, or is to be, made using a debit or credit card, then EMWC reserves the right to only deliver the Goods to the registered address of the card holder of that card.

2.7 If, for any reason, the Consumer is unable to accept delivery of the Goods when the Goods are due and ready for delivery, then EMWC may, in its absolute discretion, arrange the storage of the Goods and the Consumer shall be liable to EMWC for the reasonable costs (including insurance) of such storage. After a period of six months from date of placing the order and the formation of the contract, EMWC reserves the right to dispose of the Goods in these circumstances. A 30 day notice of intention of disposal will be given. This provision is without prejudice to any of EMWC rights in relation to a failure by the Consumer to take delivery of the Goods or pay for them in accordance with the Terms of the Contract.

2.8 EMWC reserves the right to add a packing and insurance charge to any order to protect any Goods during transit.

2.9 Refusing Delivery

In the event of a Consumer refusing delivery, EMWC reserves the right to charge in full for the attempted delivery and additionally, the cost of having the goods returned to EMWC. These charges will be deducted from any monies due as part of a refund. Where delivery is being made to a third party, the onus is on the Consumer making the purchase to ensure that the third party is aware of the delivery details. In the event of a third party refusing delivery, the full cost of delivery and collection will be deducted from any monies due as part of a refund to the purchaser.

Where delivery has been attempted to a third party (and refused) EMWC reserve the right to deliver the goods to the premises of the Consumer placing the order for any subsequent attempts at delivery.

2.10 Delivery/Shipping Offers

EMWC reserve the right to make special offers on delivery/shipping from time to time. These offers are limited to the UK mainland only. They specifically exclude shipping to the Scottish Isles and Highlands, Jersey, Guernsey and the Channel Isles, the Isle of Man and Northern Ireland. Orders shipped to Europe, including the Republic of Ireland and the rest of the world are also specifically excluded from these offers.

2.11 Pallet Delivery

Where it is necessary to deliver a customers goods on a pallet (quarter, full or half) EMWC will engage a suitable courier for this purpose. It is the customers responsibility to ensure that the delivery will be accepted at its destination by their personnel and appropriate handling equipment (eg forklift) will be available, as required. EMWC will endeavour to ensure the customer is notified of the pallet delivery date but cannot be responsible for a specific time. Should the pallet delivery fail through non attendance by the customer or their agents and redelivery has to be arranged, the customer will be responsible for redelivery charges including those where the pallet is returned to EMWC premises.

3 BREAKAGES, DAMAGES AND INCORRECT ORDERS

EMWC must be notified of any damage or defect in the quality or condition of the Goods, or any incorrect products or a shortage of products immediately of receipt of the Goods by the Consumer. This is required via email to customerservice@eastmidlandswater.com. Requests for photographic evidence of any breakage, damage or error should be supplied via email, as and when requested. We are unable to replace or refund an item that has been damaged, where notification falls outside of a 24hour receipt window.

In the event of damaged goods and where a consumer wishes to claim reasonable return postage costs, receipts must be provided as proof of expenditure. Consumers should choose the most cost effective return option commensurate with the item being returned. Most expensive options will not necessarily be paid in full. EMWC reserve the right to refuse to pay the full amount where it is clear return postage costs are not reasonable.

4 RETURNS and REFUNDS policy

4.1 Cancellation prior to despatch.

The Consumer may cancel their order at any point prior to dispatch. This must be done via telephone in the first instance and followed up by email, as there can be no guarantee that the email will be read in time to stop the order being processed. If only an email notification is received, no guarantee can be given that the order has been cancelled prior to despatch and charges will still be incurred. In these circumstances; the customer is responsible for returning the product(s) at their own cost.

We charge a 5% cancellation fee on the total value of the order being cancelled.

Deposits and payments made in full for trade show orders, regardless of percentage of the total price, will attract a 5% cancellation fee.

Where more than six months has elapsed with no contact from the customer, EMWC reserve the right to retain 100% of any monies paid in the form of deposit/full payment. This includes communication post cancellation requests. At this point, the customer forgoes the right to a refund or fulfilment of goods.

4.2 Cancellation after receipt of Goods – 14 day cooling off period – ordered via the EMWC website and/or via the telephone.

The Goods must have been ordered via the EMWC website and/or via the telephone with the assistance of an EMWC operative. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations will apply.

The Consumer must tell EMWC that they no longer require their Goods, within 14 days of delivery, via email to returns@eastmidlandswater.com or in writing using recorded delivery. No other form of communication for returns can be accepted. The reason why we insist on an email notification is so that the date of request for the refund is clear.

4.2.1 Consumers are responsible for the cost of returning items for refund. Consumers will be issued with a Returns Code and detailed instructions as to how to return the goods. We aim to provide a returns code within 3 working days of request.

Return codes are valid for 14 days only.

4.2.2 Failure to use a specific EMWC Returns Code issued for the sole purpose of the return of specific goods may result in the goods being refused. We will be unable to issue a refund in these circumstances.

4.2.3 Failure to return the goods within the specified time will result in the goods being refused and returned to the sender. We will be unable to issue a refund in these circumstances.

4.2.4 Return codes are issued for specific items only and cannot be used for a non authorised return or any other purpose. If additional goods are returned that do not have authorisation, the items will remain the property of the consumer and the onus will be on the consumer to retrieve the items(s) from EMWC.

4.2.5 Unauthorised returns are not eligible for a refund in any circumstances. After a period of 30 days EMWC reserve the right to dispose of unauthorised returns with no further communication with the owner of the goods.

4.2.6 The Goods being returned must not have been installed or used in any way.

4.2.7 Consumers exercising their right to cancel after the Goods have been delivered, will be responsible for returning the Goods at their own cost and in a re-saleable condition. Returned Goods will only be accepted if they are returned in their original packaging, complete, unused and with all instruction manuals. Goods must be in a condition to be able to return to stores, as new, which includes free of odour. We reserve the right to check all goods being returned to ensure they are complete, even where customers advise that packaging is unopened.

The Consumer has a statutory duty to take good care of the Goods during this 14 day cancellation period and to return the Goods to EMWC using a safe and reliable method.

4.2.8 Delivery charges to customers are not reflective of actual delivery charges that EMWC pay to couriers. As such, delivery charges are regarded as subsidised. EMWC reserve the right to retain any actual costs, (as opposed to the cost that the consumer has paid) incurred in delivering the Goods to the Consumer as part of the original delivery. This includes circumstances where the consumer has been given free delivery. The actual cost of delivery will be deducted from the refund amount.

4.2.9 Consumers are responsible for obtaining proof of delivery, insurance during transit and proof of receipt of returned Goods with their courier company. EMWC can accept no liability for Goods received damaged on return or non-arrival of Goods.

4.3 Partial Returns. Where Goods are purchased as part of a promotional package and are retained by the Customer and subject to agreement with EMWC, EMWC reserve the right to re-charge the items at normal retail price.

4.3.1 Where Goods have been purchased as part of a special offer (where an item or items have been part of a discounted package) if a customer opts to return part of the discounted package, the refund due on the returned item will be the discounted price and not the full price. EMWC reserve the right to request all items of a discounted package to be returned in order to fulfil the refund. Where a customer fails to return all items, the charge for the retained items will be the retail price of the item plus an additional 10% Return fee. The total amount will be deducted from the refund due.

4.3.2 We charge a 10% Return Fee. This is 10% of the total value of the items that are being returned and represents our administration costs for checking items as being suitable to return to stock, regardless of whether items have been removed from packaging or not, reboxing charges, bank processing charges and our time.

4.4 We aim to process refunds within 14 business days. This is from the point at which the returned goods have been confirmed as returned to stock (after checking and repacking) which is not necessarily immediately on receipt of the goods. Courier confirmation of delivery is not the start date of our refund process.

Holiday periods and short working weeks (Christmas, Easter, Bank Holidays) will be taken into account where a refund is due. Public holidays fall outside of the 14 day refund period due to staff annual leave.

Returned Goods are subject to the Terms of Return being fulfilled, as detailed in Section 4 of these Terms and Conditions.

4.5 Refusal of Goods at point of delivery (for any reason).

Should items be refused at point of delivery, EMWC reserve the right to deduct all transportation costs from any refund that might be due. This includes the cost EMWC incurs from the refusal of goods and return to EMWC by the courier.

4.6 Exemptions

There are circumstances where we are unable to accept a return/offer a refund.

4.6.1 Orders placed at a Trade Show or other face to face environments are not eligible for cancellation and/or refund, in any circumstances. The Consumer Rights Act of 2015 refers and as such is classed as a face to face transaction which is subject to different laws, compared to online selling. We regard our presence at a Trade Show as being our retail outlet.

Where specifically raised as reason to return an item, the order MUST be annotated by an authorised member of staff at the time of placing the order. This cannot be requested retrospectively.

4.6.2 Bespoke/Special order Goods made to consumers own specifications cannot be returned, in any circumstances, unless faulty. In the case of a fault to bespoke/special order items, a replacement will be supplied, subject to fault testing and necessary checks by EMWC.

4.6.3 Goods that are sealed for health protection and hygiene reasons. We do not specifically accept Reverse Osmosis units and associated replacement filters and membranes for returns/refunds due to hygiene reasons.

4.6.4 Business to Business Transactions

Where a purchase is a ‘business to business’ transaction, EMWC reserve the right to charge a maximum of 35% of the total value of the order for restocking/rehandling.

Where a purchase is a ‘business to business’ transaction and goods are returned/rejected as at point 4.2.12 of these terms and conditions, actual transportation charges will be deducted from any refund due, regardless of whether a transportation fee was charged at point of sale, or not.

4.6.5 Delivery of Returned Units in person.

We will accept returned units to our premises in Leicester but only where the Returns procedure has been followed. Customers must have a Returns Code. Reception is open 10am - 4pm Monday to Friday. Returns must be handed to an EMWC employee. Refunds are not issued at time of return. The Refund process will be followed as per section 4 of these terms and conditions.

5 STANDING ORDER PAYMENTS

Where a customer has opted to pay for products or services by a standing order arrangement contract, the agreement will remain in place until such time as the agreement is cancelled in writing by the customer. The onus for cancelling any bank standing order payment remains with the owner of the bank account or their legal representative. In these circumstances, any payments made towards products or services will be held on account and can be used against future purchases. Refunds cannot be made against these payments when the option to take goods or services has been cancelled.

6 CUSTOMER LOYALTY OFFERS

EMWC may offer customer loyalty schemes whereby incentives are given for the return of reusable items for recycling. Where these offers are current, all elements of the item must be returned in order to maximise the value of the loyalty offer.

The customer is responsible for returning the item (and the costs incurred) to EMWC in order to take advantage of the loyalty offer.

The value of the offer (credit on account) will be advised at the time of purchase. No monetary value can be taken in lieu of the credit on account.

Offers may be subject to limitations and not taken in conjunction with other special offers made by EMWC.

EMWC reserve the right to withdraw or change these offers at any time, without notice.

7 WARRANTY

Should an item become faulty and EMWC accept the item for investigation, the item will remain the property of the customer during the investigation. As such customers are agreeing to accept their Goods back at the end of the investigation and subsequently pay for their return, should no fault be found. This forms part of the agreement to our Terms and Conditions in accepting Goods under our Warranty Agreement. Warranty cover can be parts only, labour only or a combination of parts and labour with finite time periods and is specific for each product. Water softener resin is not covered by any warranty.

All EMWC warranty returns are 'return to base' warranties. Consumers are responsible for the cost of returning faulty goods (both in and out of warranty) to EMWC premises.

7.1 EMWC warrants to the Consumer that if the Goods are or become defective and that if in the opinion of EMWC, the defect is due to faulty materials or workmanship, EMWC will from the date of sale of the Goods to the Consumer, and during the warranty period, appropriate to the Goods as advised by EMWC upon formation of contract, repair or replace, at its sole option, free of charge, the Goods, any such defective component part of the Goods, subject to the following Terms:

7.1.1 The Goods must have always been used in accordance with the installation and operating instructions issued by EMWC, including and not limited to the following:

The unit is properly sized for the application and purchased from EMWC
The unit has been correctly installed in accordance with our installation instructions and operating specification including water pressure and water flow.
The unit has been used for normal domestic purposes only using municipal water supply.
The unit has been correctly maintained in accordance with our specific instructions
The unit has not been serviced, maintained, repaired, taken apart or tampered with by any person not authorised by EMWC.

7.1.2 The EMWC warranty only covers breakdowns or faults due to defect in materials or workmanship. It does not cover;

Acts of God, wear & tear, gradual deterioration in performance, failure caused by connection to incompatible equipment, ingress of moisture, fluid or foreign bodies, physical or electrical stress, connection to an electrical supply for which it has not been adjusted, lightning strikes, incorrect storage, operation or use of the product in unsuitable environments or inappropriate applications, incorrect installation, lack of regular routine servicing and maintenance, accidental damage or damage caused by negligence or misuse, items considered by EMWC to be of a consumable nature, usage of parts or consumables not approved by EMWC, unauthorised modification, incorrect adjustment or repair and servicing by persons other than those contracted by EMWC.

EMWC reserve the right to withdraw/discontinue any warranty/service activity should any of the situations covered in 7.1, 7.1.1, or 7.1.2 are invoked.

7.2 Should a breakdown occur, and replacement Goods are provided in place of a repair to the original Goods, the replacement Goods shall be regarded as a like for like replacement and the balance of any remaining warranty period will transfer to the replacement goods. Subject to product availability, EMWC reserves the right to provide a fully refurbished exchange unit as the replacement Goods. Should this remedy be unavailable, an alternative model will be provided as the replacement Goods. If an alternative model is provided it will be of the same or of a higher specification than the Goods replaced. When replacement Goods are provided, ownership of the replacement Goods will vest in the Consumer and ownership of the replaced Goods will vest in EMWC.

7.3 Lost in transit (Repair/Investigation)

7.3.1 The responsibility of returning goods for investigation/repair remains with the owner of the goods (the Customer/consumer). As such it is important that the owner arranges insurance against loss or damage.

7.3.2 Where replacement goods are provided in place of a repair to the original Goods, the replacement Goods shall be regarded as a like for like (not new for old) replacement and the balance of any remaining warranty period will transfer to the replacement Goods. Subject to product availability, EMWC reserves the right to provide a fully refurbished exchange unit as the replacement Goods. Should this remedy be unavailable, an alternative model will be provided as the replacement Goods. If an alternative model is provided it will be of the same or of a similar specification than the Goods replaced. When replacement Goods are provided, ownership of the replacement Goods will vest in the Consumer and ownership of the replaced Goods will vest in EMWC.

7.4 The sole and exclusive remedy under this warranty against EMWC is for the repair or replacement of the Goods or replacement of any defective parts excluding water softener resin. No other remedy, including, without limitation, incidental or consequential damage or loss of whatsoever nature shall be available.

7.5 This warranty is made available to the Consumer who is the initial purchaser of the product, from date of purchase, provided that appropriate proof of purchase can be produced. Warranty is not transferable and the place of performance of any service provided under this warranty shall be within the UK only. Warranty with EMWC is ‘Return to Base’ in all circumstances

7.6 EMWC shall not be liable for installation or removal or de-installation or re-installation of the Goods or for call out charges. EMWC shall not be liable for collection or delivery charges relating to equipment repair or replacement or for any loss, consequential or otherwise caused by a delay in the performance of services provided for under this warranty and at its sole discretion, subject to Terms prevailing at the time be they territorial or otherwise reserve the right to withdraw in part or total, other services which may have been offered from time to time. EMWC do not provide an alternative or ‘loan’ unit whilst the Consumers goods are being investigated.

7.7 It is the Consumers responsibility to arrange for the return of the Goods to EMWC. This includes the cost of secure packaging, insurance to cover the Goods during transit from the Consumers address to EMWC and the cost of shipping the Goods.

Where our products have been purchased and installed outside the UK, the cost of returning the goods to EMWC and the subsequent return of the product to the customers address, is the sole responsibility of the customer. This will apply to all purchases and include both in and out of warranty requests for assistance and regardless of outcome. It is the customers responsibility to ensure that their items are fully insured, especially if being despatched from outside of the UK.

The Goods remain the property of the Consumer during any fault-finding procedures instigated by EMWC.

7.8 All EMWC warranty returns are 'return to base' warranties. EMWC will cover the cost of returning the Goods, once repaired, to the Consumer. This clause covers units installed in the UK only.

7.9 Where Goods are deemed to be ‘fault not found’, the packaging, insurance and transit costs will be the responsibility of the Consumer, the owner of the Goods. EMWC reserve the right to charge the Consumer for labour for investigation and the cost of returning Goods, including insurance, additional packaging and subsequent charges for storage and Goods disposal should the Consumer decide to not accept the return of their Goods, for whatever reason.

7.10 The warranty does not cover;

7.10.1 Any items supplied by EMWC that have not been installed correctly and precisely to our instructions.

7.10.2 Component parts that due to their nature become worn and are expected to be replaced in normal use

EMWC reserves the right to withdraw warranty absolutely in these circumstances and to make any necessary repair chargeable for both labour and parts.

Component parts such as filters and lamps that have a finite life and need to be replaced as part of a regular maintenance routine
Equipment that has been in use for more than a specified period or operated for more than a specific number of hours as advised by EMWC at the outset of purchase or during the life of the product. The onus is with the consumer to check this specific period by contacting EMWC.
Equipment or parts not supplied by EMWC or through an approved UK or Ireland Reseller.
Equipment that requires regular replacement of key parts within certain timescales where;

replacements have not been fitted,
replacements have been fitted incorrectly,
wrong parts have been fitted
where timescales for changing replacement parts have been exceeded.

Damage resulting from transportation, improper use or neglect, including not being filled with water softener salt, using incorrect salt, (for water softeners) the introduction of foreign bodies by whatever means
Units not installed in accordance with local regulations.
Units installed in such a way that access for service/removal is restricted, including non installation of a bypass facility. In these cases, the customer must arrange to have a bypass facility added post installation in order to facilitate the removal of the softener, if there is a warranty issue with the unit.
Resetting the programmer in the event of: power failure or incorrect programming, or when the influent water hardness or number of people in the household changes.
Units which are improperly installed, faulty plumbing or faulty electrics.
Units installed outside UK mainland.
Units installed in commercial premises, unless specifically configured and sold for commercial use, which must be stated at time of sale and annotated on the original order.
Units that are subjected to extreme environments, without correct protection, that would result in damage to the unit

Nothing in this express warranty affects the statutory rights available to the purchaser of this equipment.

Any faults which are not attributable to the unit but due to faulty installation or operation will be chargeable, where they can be rectified or not.

7.10.3 Warranty v Life of Product

All our products are covered by warranty. Each type of product has a specific warranty period. This is not necessarily the same length of time as the life of the product or its expected use timescale.

7.11 Municipal Water Supply

Our products are designed to manage/improve municipally supplied and treated water. EMWC cannot be held responsible or liable for any damage incurred as a result of actions by water suppliers which includes change of pressure; routine maintenance; urgent maintenance and foreign bodies in the water supply. We recommend the fitting of shock arrestors where water supply maintenance or the quality of water supplied has the potential to have a detrimental effect on our products.

7.12 Labour costs for in/out of warranty repair.

Our labour charge for repair is £65.00 per hour plus vat. It is assumed that by submitting units for investigation/repair the consumer will accept costs involved to a value of less than 30% of the current retail value of the unit (cost to replace old with new). Where costs are expected to be greater than 30%, EMWC will provide an estimate before commencing work. If the Consumer requires an estimate of any charges before work commences, they must inform EMWC in writing of this requirement. By returning units for investigation, the Consumer is accepting these (in/out of) warranty terms.

8 DISCLAIMER

The provisions of this disclaimer shall be for the sole benefit of EMWC. All Goods are sold or supplied for use on water supplies only and should not be used for any other purpose. The Consumer of any Goods is continually responsible for the thorough verification of the potential risks associated with and suitability for the use of the Goods. EMWC provides no warranty, and it shall not be implied, whether through any description or otherwise, that any Goods conform to, or are suitable for any specific purpose, unless written confirmation of such a warranty as to suitability of the Goods for purpose addresses specific Goods and Consumer.

8.1 EMWC may recommend to a Consumer, specific Goods. These recommendations are based solely upon the information received by EMWC from or on behalf of the Consumer. Therefore, any recommendations by EMWC to a Consumer in relation to any Goods shall be provided only as an opinion and shall not be construed as an express or implied warranty as to any recommendation given, unless written confirmation of a warranty to that effect is provided by EMWC to the Consumer and the Consumer is referred to the clause immediately preceding this. EMWC takes no responsibility for evaluating the safety or risk levels of any Goods, nor have any Goods been evaluated for safety by the Foods Standards Agency, any government department, or any other agency.

8.2 Where a Consumer is seeking help (spare parts or other assistance) for any unit not supplied by EMWC, the Consumer accepts that such assistance (and/or advice) is given in good faith on the part of EMWC. When purchasing parts for a non EMWC supplied unit, the Consumer accepts that any supply of such parts is at their own risk. If it is subsequently found that supplied parts are incorrect, the Consumer accepts that any request for refund will always be at the discretion of EMWC.

8.3 Where a customer places an independent order on the EMWC website, they do so of their own volition. No responsibility can be taken for incorrect orders made in this way. EMWC will endeavour to assist where incorrect items have been ordered but no liability or responsibility can be accepted in these circumstances. The onus is on the customer to ensure they are ordering the correct goods.

8.4 Supply of Alternative Goods

Our manufacturers and suppliers retain the right to supply us with products that do not necessarily match the images on our website - but perform in exactly the same way, with the same specification. We in turn reserve the right to supply alternative goods that may look different but will perform in exactly the same way as those that are on our website. Images on our website are intended for guidance only. The onus is on the consumer to advise us if a specific manufactured product is required, at time of ordering.

8.5 Dimensions of products on our website.

Where ever possible, dimensions are given for our many products on our website. Consumers should take into account their own plumbing arrangements and the impact of these arrangements may have on available space when installing our products. It is the consumers responsibility to ensure they have enough available space, taking into account their own plumbing arrangements in order to install our products. Errors will be rectified, where possible with the consumer responsible for any costs associated with miscalculations.

8.6 Ownership of Goods

Where EMWC are in receipt of consumer units for investigative work/repair/maintenance/in and out of warranty and where a fee is payable for work undertaken or cost of return which is subsequently not paid, for whatever reason, EMWC reserve the right to dispose of these units. Consumers will be given a formal notification of EMWC intention to dispose via email. Notice duration is 30 days. No further notification will be given.

9 TITLE

Title in the Goods will remain with EMWC until cleared funds are received by EMWC in relation to the payment for the Goods.

10 RISK

If it is agreed that the Goods will be delivered to the Consumer, the Goods will be on the Consumers risk upon delivery to him. If it is agreed that the Consumer will collect, the Goods will be on the Consumers risk upon collection by him. If the Consumer is returning Goods by delivery to EMWC, the Goods will be on the risk of EMWC upon delivery. If the Consumer is returning Goods by EMWC collecting the Goods, the Goods are on the risk of EMWC upon collection.

11 DATA PROTECTION

Under the Data Protection Act, and the more recent General Data Protection Regulation, we have a legal duty to protect any information we collect from you. We keep strict security standards to prevent any unauthorised access to it. We collect Consumer’s details, included but not limited to their address, contact information, purchases and any communication that passes electronically or otherwise. Cookies are pieces of data that are often created when you visit a website, and which are stored in the cookies directory of your computer. Cookies are created when you visit our site. Our cookies store a random number on your computer to help us count the number of times users return to our site. The cookies do not contain any personal information about you, and they cannot be used to identify an individual user. You can set your browser not to accept cookies. We do not pass on any personal information you have given us to third parties. This privacy policy applies only to our site, so you should always be aware when you are moving to another site and read the privacy statement of any other site(s) that collect personal information about you. We do not pass on any personal information you have given us to any other site. Where you are directed to our website site from another site (for example a search engine) we may receive personal information relating to you from the other site(s). You should read the privacy policies applicable to such sites as these will govern the use of any personal information that you provide when accessing such sites and which is provided to us. If you wish to see our records of any correspondence you have sent to us, or if you have a query or complaint about this privacy policy or about the site, you can contact us by email. If this privacy policy changes in any way, we will place an updated version on this page. Regularly reviewing this page ensures you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties. We reserve the right to contact you regarding essential replacement products and servicing that will ensure the equipment we have supplied you with, will continue to operate at optimum performance, ensuring your health and wellbeing.

12 RESTRICTION ON USE OF THIS SITE AND ITS CONTENT

The Site is owned and operated by EMWC. All materials appearing on the site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of EMWC. We authorise you to download and print documents and portions of documents, including but not limited to information published by us on the site and expressly labelled as "downloadable", solely for personal viewing and browsing purposes. However, any technical information that you download is also governed by these Terms and Conditions. You agree not to change or delete any copyright, trademark, or other proprietary notices from any copy of these documents which you download or print.

Our Terms and Conditions are

13 GENERAL

The contract shall be governed and construed according to the laws of England and Wales and the parties submit to the exclusive authority of the Courts of England and Wales. If any provision in these Terms and Conditions is held to be illegal, invalid, or unenforceable, such provision shall be fully severable, and these Terms and Conditions shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never been a part of these Terms and Conditions. The remaining provisions of these Terms and Conditions shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this these Terms and Conditions. The masculine gender shall include the feminine gender and the singular shall include the plural and vice versa.

Every purchase order made through the EMWC website is subject to acceptance of these Terms and Conditions. We retain the right to amend these Terms and Conditions at any time. This includes the right to amend, remove or vary the content of anything displayed on the website, without notice. The website user takes entire responsibility to read these Terms and Conditions each time they place an order. These Terms and Conditions do not affect your statutory rights. Once an order has been placed, the website user assures their agreement of these Terms and Conditions and we will treat their order as an acceptance of these Terms and Conditions. Equally those Consumers who contact EMWC by phone and place an order, will receive an email to confirm their order. These Terms and Conditions will also form a contract relating to the Terms and Conditions as part of their verbal purchase.