Conditions of Use
Terms and Conditions of Purchase for Consumers
Welcome to Aqua Amore. Please take time to carefully read our Terms and Conditions for Consumers purchasing products on aquaamore.com. By placing or submitting an order (and any subsequent orders) on our web site you are agreeing to the terms that appear below.
These Terms and Conditions were most recently updated on 22nd September 2009 and apply to sales to consumers.
1 CONTRACT OF PURCHASES.
1.1 This web site is operated by Aqua Amore Limited ("we", "us" or "our"). By using the aqua-amore.com website you are bound by these terms and conditions. All use and purchases made on this web site are governed by these Terms and Conditions at any time although the Terms and Conditions governing any given use or purchase will be those in effect at the date of your order or specific use. If you use or order goods after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each use or order to ensure that you understand the precise terms and conditions applicable to your site visit or purchase. To assist you in determining whether the Terms and Conditions have changed since your most recent order we will display the date and time when these Terms and Conditions were most recently updated.
1.2 We will confirm acceptance of your order placed directly by using the aqua-amore.com website. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the e-mail address you have provided to us. At the point of acceptance the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions. The contract will be deemed to be entered into in London, United Kingdom.
2 PRICE AND DELIVERY CHARGES.
2.1 The price of the goods will be as quoted on the web site at the time you confirm your order (usually by clicking the "confirm the order" button) subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order to add items, the prices charged will be those applicable to the new item(s) at the time that the amended order is confirmed. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.
2.2 The prices stated on the website will be inclusive of any VAT payable. The VAT receipt will be delivered with your order (or by email if preferred)
2.3 Each order you make will include a charge for delivery. The delivery charge will be shown to you as a separate charge on the delivery confirmation page before you confirm your order.
3 METHODS OF PAYMENT
3.1a Orders placed for nationwide delivery may be paid for by debit or credit card for prompt dispatch. Alternatively a cheque payment may be sent in advance, in this instance the goods will be dispatched once the cheque has cleared.
3.1b In addition to accepting debit and credit card payments for deliveries in London and Surrey, payment can also be made by cash or cheque upon delivery. Aqua Amore reserve the right to request the cheque guarantee card be shown to the delivery driver before goods are delivered (unless prior agreement for cheque payment has been agreed and approved by a director of the company). For credit card payments; in certain circumstances where the billing address differs to the delivery address we reserve the right to request further information for card verification purposes.
3.2 We also accept Aqua Amore promotional vouchers, where applicable. Any refunds arising from an order paid for by vouchers shall be given in Aqua Amore vouchers.
3.3 The debit and credit cards accepted by us are those listed on the web site on the date on which your order is placed.
3.4 We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage.
3.5 You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of no less than £20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.
4.1 Delivery will take place within: a) Three working days for orders in London and Surrey b) Five working days for nationwide orders outside of these areas. However, we endeavour to deliver within one working day for London and Surrey and three working days for nationwide deliveries outside of these areas.
4.2 Products are subject to availability and prevailing market conditions. We will notify you of any delays caused by unavailability of products within a reasonable period after an order is placed.
4.3 We will always try to supply you with the full quantity that you have ordered. If you are not satisfied with the quantity you have received we will arrange with you for non-perishable goods to be returned to us (please note that the goods must not be used and must be in good condition). In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly for return within seven days. You will not be charged for any incorrect goods or goods which you have not received. In any event, subject to clause 7.1 below, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
4.4 We take special care to endeavour that deliveries are made within a short delivery slot and accordingly, it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. An appropriate person must sign for all goods on delivery. If no one is at the address when the delivery is attempted the goods will be retained by us or left in a safe place. We will leave notification of delivery and will telephone to attempt to rearrange the delivery in the event that we were unable to leave the products in a safe location.
4.5 Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, subject to clause 7.1 below, our liability to you will be limited to the price of goods not delivered and the cost of delivery.
4.6 Should you fail to be present for over three failed deliveries we are entitled to charge you in full for the cost of delivery.
4.7 Aqua Amore will ordinarily only make deliveries when an appropriate person is able to receive the delivery. In the event that you instruct Aqua Amore to leave a delivery unattended at your address or leave with another party Aqua Amore expressly disclaims all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
5 DEFECTIVE GOODS
5.1 We guarantee the quality of our goods. You must inspect the goods and notify us promptly in writing, by phoning our office or by using the ‘contact us’ option on the website of any dissatisfaction with your order. We will promptly and fully refund the price of any goods that do not meet with your reasonable satisfaction or arrange for the delivery of replacement goods, provided that you notify us within 7 days of delivery of the goods. We will arrange with you for the goods to be returned to us.
5.2 Subject to clause 7.1 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.
6 AMENDMENT OF ORDERS AND CANCELLATION RIGHTS
6.1 You have a right to cancel your order until 5am on the day of delivery.
6.2 We will arrange with you for cancelled non-perishable goods to be returned to us, and we will credit your payment card with the price of such goods/return cash or cheque within a reasonable period from the day on which cancellation was given (provided payment has already been debited to your payment card).
7 WARRANTY AND LIABILITY
7.1 Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
7.2 In addition to paragraph 4.4, we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
7.3 Other than as set out in clause 7.1, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
8.1 To help us ensure the best possible service some telephone calls may be recorded.
8.2 In assessing your request for delivery of products from us we may make enquiries about you including searching your records held by organisations like Experian and Equifax and credit reference agencies. We may also check your details held by the IMRG Security Alert scheme and other fraud prevention schemes.
8.4 At the time of your registration you will be prompted to supply a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your e-mail address in combination with your password. You must immediately notify us of any unauthorised use of your e-mail address and/or password or any breach of security known to you.
9 CUSTOMER COMPLAINTS
9.1 Any Customer complaints should be addressed to the Aqua Amore Customer Service Team – you will find a comment box in the "Contact" section of the website.
10 SPECIAL OFFERS PROMOTIONS AND COMPETITIONS
10.1 From time to time, and in our complete discretion, purchases of goods may be subject to special offers. In the event that such a special offer applies to your purchase, the terms of such special offer shall be subject to these Terms and Conditions. If there is any conflict between the terms of a special offer and these Terms and Conditions, these Terms and Conditions shall prevail unless specifically excluded.
10.2 We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. Subject to clauses 2.1(a) and 4.2, we will honour at the offer price any order placed by you before an offer ends, or is amended or withdrawn.
10.3 We reserve the right to offer in our complete discretion different customers different special offers, promotions and the ability to enter different competitions.
11.1 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
11.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use the material data and content only for your personal use in placing orders through aqua-amore.com, and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on the aqua-amore.com website without Aqua Amore's prior written permission. Aqua Amore may impose a fee on any proposed use of the material data and content contained on its website, other than for placing orders through the aqua-amore.com website.
11.4 The slogan "Minerals & Terroir" is used to signify the unique and researched matching of waters alongside beverages, and is subject to strict copyright laws. Under no circumstances may the findings or data associated with ‘Minerals and Terroir’ be reproduced without prior permission by a director of Aqua Amore Limited.
Aquaamore.com and Aqua-Amore.com are trading names of Aqua Amore Limited.
The registered company address for Aqua Amore Limited is B139, Riverside Business Centre, Bendon Valley, London, SW18 4UQ. Registered in England. Company registration number: 06433065.