Consumer Terms and Conditions
As a user of this website, you acknowledge that any use of this website
including any transactions you make is subject to the terms and conditions
below. We advise you to read through these terms and conditions carefully before
using this website. We would also refer you to our Privacy Statement which
relates to your personal information.
1. General
1.1 If you are not a consumer, please
Click Here for details of our Terms for Business Users only.
1.2 Certain website services will require registration and subsequent access to
those services will be subject to an approved login name and password ("Password
Details"). Information that you provide on this website must be accurate and
complete. All Passwords Details are accepted and may be withdrawn at our sole
discretion and are exclusive to you and non-transferable and must be treated as
strictly confidential at all times. In the event that you have any concerns
regarding your Password Details or become aware of any misuse then you must
inform us immediately (see Contact Us for more
information and full contact details).
2. Order process
2.1 All orders that you place on this website will be subject to your
acceptance in accordance with these terms and conditions.
2.2 Once you have submitted your order details on this website, we will send to
you an order acknowledgement email detailing the products you have ordered
complete with an Order ID reference. Please note that this email does not
constitute being an order acceptance from H2O Information Technology Ltd, but is
simply confirmation that your order details have been received prior to
processing.
2.3 Acceptance of your order and the completion of the contract between yourself
and H2O Information Technology Ltd will take place on the dispatch to your
products detailed on your order, unless we have notified you that we do not
accept your order or you have cancelled it (please click
here for details of how to
Return an order).
2.4 In accordance with the Distance Selling Regulations 2000, monies paid
on cancelled orders shall be refunded within 30 days of the date at which the
cancellation notice is given, and shall be re-paid to the payment method ie.
Credit Card credit or BACS.
3. Delivery
3.1 This website is only for delivery of products to customers in mainland UK
and Northern Ireland addresses. All goods must be signed for by an adult aged 18
years or over upon delivery.
3.2 Delivery charges and estimated timescales are specified at the time an order
is placed. We will make every effort to deliver goods within the estimated
timescales, however delays are occasionally inevitable due to unforeseen
factors, therefore H2O Information Technology Ltd shall be under no liability
for any delay or failure to deliver the products within estimated timescales.
3.3 Risk of loss and damage of products passes to you on the date when the
products are delivered and signed for, or upon the date of first attempted
delivery by us.
3.4 Any damage to goods in transit, or shortages, must be notified to the
company within 24 hours of receipt in writing by email or fax. Where applicable,
all packaging must be held for inspection at a later date.
4. Payment
4.1 Once your details have been verified and processed by our Secure Payment
Server, the payment will automatically be taken from your card. Goods are
subject to availability. In the event that we are unable to supply the goods, we
will inform you of this as soon as possible. If you have already paid for the
goods, and stock is not available, an alternative suitable product will be
offered or a refund will be given.
4.2 Whilst we try and ensure that all prices on our website are accurate, errors
may sometimes occur. If we discover an error in the price of goods you have
ordered, we will inform you as soon as possible and give you the option of
reconfirming your order at the correct price or cancelling it. If we are unable
to contact you, we will treat the order as cancelled. If you cancel and you have
already paid for the goods, you will receive a full refund.
4.3 Payment can be made by major Credit Card, Debit Card or by BACS. For
information about secure on-line ordering, please refer to our Privacy
Statement.
4.4 Title to any products you order on this website shall pass to you upon
delivery of the products provided that we have processed and received payment in
full for the products.
4.5 All prices include VAT (where applicable) at the applicable current rates,
but exclude delivery charges, unless expressly otherwise stated, please refer to
Payment & Delivery.
5. Goods Returns
5.1 In the unlikely event that you receive faulty or damaged goods, please refer
to our Returns section.
5.2 Occasionally the product specifications from the manufacturer may change, in
which case we will do our best to offer you a substitute item of the same or
improved quality at the same price. If you are not happy with the replacement
offered, you may cancel your order in accordance with your rights under the
Distance Selling Regulations (Please refer to Returns)
5.3 All sizes and measurements are approximate are provided by the product
manufacturer and are as accurate as possible.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all materials and/or content made available as
part of your use of this website shall remain at all times vested in H2O
Information Technology Ltd or our suppliers. You are permitted to use this
material only if expressly authorised by the applicable parties.
6.2 You acknowledge and agree that the material and content contained within
this website is made available for your personal non-commercial use only, and
that you may only download such material and content for the purpose of using
this website. You further acknowledge that any other use of the material and
content of this website is strictly prohibited and you agree not to (and agree
not to assist or facilitate any third party to) copy, reproduce, transmit,
publish, display, distribute, commercially exploit or create derivative works of
such material and content..
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death
or personal injury caused by negligence, fraudulent misrepresentation, or any
other liability which may not otherwise be limited or excluded under applicable
law.
7.2 Subject to Section 7.1 above, H2O Information Technology Ltd will use
reasonable endeavors to verify the accuracy of any information on the site but
makes no representation or warranty of any kind (express or implied statutory or
otherwise) regarding the contents or availability of the site or that it will be
error-free, that defects will be corrected, or that the site or the server that
makes it available are free of viruses or represents the full functionality,
accuracy, reliability of the website. H2O Information Technology Ltd will not be
responsible or liable to you for any loss of content or material uploaded or
transmitted through this website and we accepts no liability of any kind for any
loss or damage from action taken or taken in reliance on material or information
contained on the site.
7.3 Subject to Section 7.1 above, other than as expressly provided in these
terms and conditions, with respect to specific products and except for the
exclusive remedies set out at Section 5 above, any indemnities, warranties,
terms and conditions (whether express or implied) are hereby excluded to the
fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, H2O Information Technology Ltd will not be
liable, in contract, tort (including, without limitation, negligence),
pre-contract or other representations (other than fraudulent on negligent
misrepresentations) or otherwise out of or in connection with the terms and
conditions for any: economic losses (including without limitation loss of
revenues, data, profits, contracts, business or anticipated savings); or loss of
goodwill or reputation; or special or indirect losses suffered or incurred by
that party arising out of or in connection with the provisions of any matter
under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1 H2O Information Technology
Ltd aggregate liability (whether in contract, tort or otherwise) for loss or
damage shall in any event be limited to a sum equal to the amount paid or
payable by you for the product(s) in respect of one incident or series of
incidents attributable to the same clause.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does
it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your order
and payment secure, but, unless we are negligent, we cannot be held liable for
any losses caused as a result of unauthorised access provided by you to such
information.
8. Miscellaneous Provisions
8.2 We have selected our products on the basis that they will be used for
domestic / consumer use only. If you intend to use them for business purposes,
please make sure that you are covered by any appropriate insurance.
8.3 H2O Information Technology Ltd shall be under no liability for any delay or
failure to deliver products caused either directly or indirectly by
circumstances beyond its reasonable control.
8.4 To provide increased value to our customers, we may provide links to other
websites or resources for you to access at your sole discretion. You acknowledge
and agree that, as you have chosen to enter the linked website we are not
responsible for the availability of such external sites or resources, and do not
review or endorse and are not responsible or liable, directly or indirectly, for
(i) the privacy practices of such websites (ii) the content of such websites,
including (without limitation) any advertising, content, products, goods or
other materials or services on or available from such websites or resources or
(iii) the use of these websites or resources, nor for any damage, loss or
offence caused or alleged to be caused by, or in connection with, the use of or
reliance on any such aforementioned materials or services available on such
external websites.
8.5 You may not assign or sub-contract any of your rights or obligations under
these terms and conditions or any related order for products to any third party
unless agreed upon in writing by H2O Information Technology Ltd.
8.6 If any portion of these terms and conditions is found by any competent
authority to be invalid or unenforceable either in whole or in part, the
validity or enforceability of the other sections of these terms and conditions
shall not be affected.
8.7 Delay or failure by H2O Information Technology Ltd to exercise any powers,
rights or remedies under these terms and conditions shall not operate as a
waiver of them, nor will any single or partial exercise of any such powers,
rights or remedies preclude any other or further exercise of them. Any waiver to
be effective must be in writing and signed by an authorised representative of
H2O Information Technology Ltd.
8.8 These terms and conditions (including the documents or other sources
referred to in these terms and conditions) supersede all prior representations
understandings and agreements between yourself and H2O Information Technology
Ltd relating to the use of this website (including the ordering of products) and
sets forth the entire agreement and understanding between yourself and H2O
Information Technology Ltd for your use of this website.
For details of the Distance Selling Regulations (SI2334/2000)
which relate specifically to purchases made via the internet,
click here