TERMS AND CONDITIONS OF USE
General Terms and Conditions
As of April 22, 2020
1. Scope and validity of the terms and conditions
1.1 These general terms and conditions and ordering terms and conditions (hereafter the Conditions) of Web Store www.water4drinking.com owned by WHITEROAD CAPITAL LTD (hereafter the Seller) shall be valid for all parties (hereinafter the Purchaser) who use the online store at www.water4drinking.com (hereinafter the Web Store), order goods and services (hereinafter the Goods) in the Web Store by entering into a contract of purchase and sale (hereinafter the Sales Contract) in order to purchase Goods in the Web Store.
By accepting these Conditions, the Purchaser confirms that they have read the terms of the Sales Contract, agree to them and will follow them.
2. Purchasing Goods and placing orders in the Web Store
2.1 It is possible to purchase those Goods in the Web Store that have an ‘Add to cart’ link. The price and availability of the Goods may change at any time and without prior notice. If the Purchaser has placed their order before the price of the Goods changes, the price valid at the time of the order shall apply.
2.2 The Seller has the right to withdraw from a Sales Contract entered into via the Web Store and not to hand over the Goods or not to provide the Service ordered in the following events: the Goods are out of stock, the Goods have an ‘On order’ status in the Web Store (the Goods are out of stock) or the price or qualities of the Goods have been displayed in the Web Store incorrectly due a system error. There may be other circumstances when the Seller is legally or technically unable to fulfill the Sales Contract (see 5.3) and will issue full refund instead.
2.3 Shopping cart and placement of orders.
You may change the quantity of the Goods in your shopping cart.
Please confirm your order by clicking on the ‘Proceed to checkout’ button and you will be directed to ‘Placement of Orders’ page. Enter the information on the Customer/Purchaser (‘Personal Information’), and you are also welcome to register as a loyal customer of the Seller. Please read the purchasing conditions of the Web Store and if you agree to these, please confirm this by ticking a box in front of the Conditions and click on the ‘Continue’ button. Enter the information about the delivery and billing addresses on the ‘Addresses’ page, then click on the ‘Continue’ button. Select a suitable delivery option (‘Shipping Method’) for your order and click on the ‘Continue’ button. Now you will see payment options and in order to confirm your order and to make your purchase, you have to make a final selection. Select the option of payment and pay for your purchase, confirm this by ticking a box in front of the ‘Terms of Service’ and click on the ‘Order With an Obligation to Pay’ button. Please be very careful in placing your order, as this is very critical for the quick and uninterrupted delivery of the products ordered.
A Sales Contract is deemed as entered into from the receipt of the amount payable according to the confirmation of the order to the bank account of SELLER or after the contract for payment by instalments has been signed. The Seller shall not process order confirmations that have not been paid for.
2.4 Payment for the Goods
You may choose to pay online via bank transfer, credit or debit cards, payment systems or using other available options by clicking on the corresponding payment option and by following the instructions displayed. If your shipping address is outside of EU our prices do not include Import Duty and GST/VAT applicable in your country, and you also get prices with 0% VAT from us. Seller is VAT registered company in Cyprus. For shipping addresses in Cyprus and other EU member states standard EU VAT rules apply. Your cart will display you the prices, taxes and shipping cost based on your shipping address and provided VATIN (if any), so you will be able to check prices and taxes before you place order and pay.
After the payment, the Web Store will send you an Order Confirmation and an invoice.
2.5 Personal data
All the personal data disclosed in the course of visiting the Web Store and making purchases shall be treated as confidential information. The encrypted data communications line with banks ensures the security of the personal data and bank account information of the Purchaser. The representatives of SELLER do not have any access to the respective encrypted data.
2.6 Delivery and handover of products
The Goods will be delivered to the delivery address entered by the Purchaser in their order. The Purchaser will be notified of the delivery by using the contact data indicated upon placing the order. Goods ordered will be transported in accordance with the terms and conditions of transport valid at the moment of placing the order.
Please make sure that the contact data entered when placing an order are correct in order to prevent delays and misunderstandings in the delivery of the Goods. SELLER and a courier company do not assume any liability for the delayed delivery and misunderstandings if these have been caused by the inaccuracy or incorrectness of the data that you submitted during placing your order.
The Goods shall only be handed over to the Purchaser and against a delivery bill. Before signing the delivery bill, please check the packaging of the Goods carefully and if the packaging has been damaged, write a comment on the delivery bill. If the packaging has been damaged, you may refuse to accept the delivery and/or immediately inform the client service of SELLER thereof by sending an e-mail to email@example.com.
The Goods shall be handed over to a third person, if they have a letter of authorization (including in the event that the Purchaser has indicated a third person in their order as the recipient of the Goods). The Seller may authorize third persons (including use a courier service) to deliver the Goods.
If the Purchaser fails to collect the Goods no later than within 14 (fourteen) days from the agreed date of receipt of the Goods, it shall be deemed that the Purchaser has violated the Sales Contract and they do not want the Goods. The Seller has the right to unilaterally withdraw from the Sales Contract and request compensation for the damage (e.g. costs of storage of the Goods) and settle the damage incurred by the Seller by the amount of money prepaid by the Purchaser.
2.7 Right of withdrawal
2.7.1. The Purchaser has the right to withdraw from the Sales Contract entered into in the Web Store without providing a reason within 14 days.
2.7.2 The term for withdrawal expires 14 days after the day when the Purchaser or a third person who is not a carrier and has been appointed by the Purchaser has physically obtained possession of the Goods.
2.7.3. In order to exercise the right of withdrawal, the Purchaser must notify the Seller of their decision to withdraw from the Sales Contract in a written application and submit it in the Seller’s store or send it by e-mail to firstname.lastname@example.org. Contact details is here.
It is also possible to notify of withdrawal through a respective form.
2.7.4 Absence of right of withdrawal
The Purchaser has no right to withdraw from the Sales Contract if:
a. the Goods delivered to the Purchaser in packaging are not suitable for returning due to health protection or hygiene reasons and were opened or used after delivery (e.g. water filters, disposable replacement filters, faucets, accessories, etc.);
b. the object of the Sales Contract is a gift card and its unique code has already been used.
2.7.5 Withdrawal from Sales Contract
a. Upon withdrawal from the Sales Contract, SELLER will reimburse to the Purchaser all the payments received from the Purchaser under the Sales Contract, including the delivery costs (apart from additional costs arising from the Purchaser’s preferred delivery method which differ from the cheapest and most common method of delivery offered by SELLER), without delay, but no later than 14 days after the day on which the Seller learned of the Purchaser’s decision to withdraw from the Sales Contract.
b. SELLER will refund the aforementioned sums using the same payment method that the Purchaser used to make the payment.
c. The Purchaser must return the Goods to SELLER without delay, but no later than 14 days after they notified SELLER of their withdrawal from the Sales Contract. The deadline is considered met the Purchaser sends back the goods before the period of 14 days has expired. The Purchaser will have to bear the costs of returning the Goods. The address where Goods must be returned to may vary depending on the warehouse that dispatched the order.
d. The Seller has the right to refuse to provide any refunds until the Seller has received the Goods being the object of the Sales Contract or the Purchaser has provided the Seller with proof of having sent back the Goods.
e. If the Purchaser wants to avoid compensating for the decrease in the value of the Goods, the Goods must be used and tried in the manner as it can be done in an ordinary store and the Goods must be returned in their original packaging and in their entirety (all of the items included in the product packaging must be present along with any gifts related to the Sales Contract). If the Purchaser uses the Goods more than it is necessary in order to ascertain the nature and functioning of the Goods or does not return the Goods in their original packaging and in their initial full set, the Purchaser is responsible for the decrease in the value of the Goods.
f. Direct costs of returning the Goods must be covered by the Purchaser.
g. If the condition of the Goods that are to be returned has worsened, the Purchaser is responsible for the decrease in the value if they have used the Goods for a purpose other than that necessary for ascertaining their nature, qualities and functioning. In order to ascertain the nature, qualities and functioning of the Goods, the Purchaser may only handle and use the Goods to the extent that is usually allowed in store.
h. SELLER has the right to submit claims arising from the decrease in the value of the Goods against the Purchaser no later than within one month of receiving the returned Goods.
i. If the Purchaser has used or tried the Goods being returned in any other manner than that usually permitted in a store or has used the Goods more than it is necessary in order to ascertain the nature, qualities and functioning of the Goods, the Purchaser is responsible for the decrease in the value of the Goods and the Seller has the right to deduct this amount from the purchase price subject to payment. If the Purchaser does not agree to the decrease in the value as indicated by the Seller, the Purchaser has the right to address an independent expert in order to establish it. The costs of an independent expert shall be paid by the party whose position did not prove to be substantiated. If it is impossible to find out such a party, the costs related to the expert assessment shall be divided between the Purchaser and the Seller in equal parts.
2.8 Cancellation of the Sales Contract
You are entitled to cancel your order without any extra costs after having paid for it, but before the delivery of the Goods. In order to cancel the Sales Contract/Order, please send a corresponding notice and the number of the Sales Contract by e-mail to email@example.com. We will send you a confirmation on the cancellation of the Sales Contract.
2.9 Large electronic waste items should be taken to a suitable waste collection point.
3. Principles of data protection and processing
3.3 The Purchaser is entitled to withdraw their consent for the use of their data for marketing purposes at any time by sending a corresponding e-mail to the Seller, or to decline further direct marketing offers by following the instructions in a direct marketing offer sent to their e-mail address.
4. Liability and dispute resolution
4.1 The Purchaser is entitled to file complaints with the Seller with regard to non-conforming (defective) Goods over a period of one (1) year from the date of their handover. A complaint has to be filed without delay but no later than within one (1) month from detecting a defect of the Goods. The longer periods may be presumed by applicable laws depending on territory so these term limitations may not be applicable to you. You may enjoy longer periods based on your Billing or Delivery address or residency. Upon detecting a defect, the Purchaser has to take reasonable measures for the preservation and protection of the Goods, including not to use the defective Goods if this would further deteriorate the condition of the Goods.
4.2 If the Goods do not conform to the terms and conditions of the Contract, the Purchaser may exercise the legal remedies provided for in law, including to request the repair or replacement of the Goods or to withdraw from the Sales Contract and to return the non-conforming Goods.
4.3 SELLER shall not be liable for the following: for the deterioration of/damage to the Goods by the fault of the Purchaser, for the defects caused by the irregular or improper use of the Goods and for the normal wear and tear resulting from the regular use of the Goods.
4.4 If the Seller or the manufacturer has granted warranty against defects to the Goods, the warranty conditions in written form shall be delivered to the Purchaser along with the Goods and/or shall be made electronically available in the Web Store.
4.5 The Purchaser has to keep the purchase documents (invoice, contract, etc.) that verify the purchase of the Goods from the Seller’s Web Store for the resolution of possible later problems. The Seller/customer service assistant has the right not to resolve the problem if a purchase document is missing.
4.6 Complaints concerning the Goods purchased in the Web Store can be submitted to e-mail address: firstname.lastname@example.org.
4.7 A complaint has to be filed along with the defective Goods. The Seller and the Purchaser shall enter into a device maintenance and repair contract if the Goods need to be sent to a diagnostics center or to experts for the identification of the nature and cause of the defect.
4.8 Defects of the Goods shall be resolved according to SELLER’s Product Return and Refund Policy and Claiming Conditions, which form an integral part of the Sales Contract and these Purchase Conditions, and which the Purchaser has approved before entry into the Sales Contract.
4.9 The Seller shall ensure that the Goods sold in the Web Store conform to the standards effective in the European Union. The circumstances highlighted in these standards shall not be deemed as defects of the Goods.
4.10 You can ask for information on orders: from Monday to Friday by calling +357 99 418976 or sending an inquiry to: email@example.com.
4.11 The Customer is entitled to address to a competent Cyprus supervisory authority. In order to resolve disputes, the Purchaser may address the Consumer Disputes Committee. The Consumer Disputes Committee is authorized to resolve disputes arising from contracts entered into between the Purchaser and the Seller that the parties have failed to resolve by way of negotiations. Further information on the resolution of complaints is available at http://ec.europa.eu/consumers/odr/.
5. Other provisions
5.1 The images of products have illustrative purpose.
5.2 The prices and availability of the Goods may change without advance notice. In connection with the former, SELLER reserves the right to cancel the sales transaction and to refund the money to the Customer’s bank account/card within a reasonable time.
5.3 The Web Store of SELLER reserves the right to cancel the sales transaction if one of the following Goods-related or Customer-related problems has occurred: human error in entering the listing price or technical error in the system (e.g. if a Filtration System worth EUR 600 is sold for EUR 60, this is an obvious error. And therefore we assume that the Purchaser would understand that this is an error and the product will not be sold at that price), incorrect listing data (including substantial item description error, wrong tax value/amount or substantial shipping cost error), invalid information provided by the customer (including wrong shipping address, invalid VAT number and similar), SDN/Sanctions-related issues and other similar errors, omissions or bans that prevent legally or technically SELLER from fulfilling Sales Contract and/or ship the item. Full refund will be issued by SELLER if payment has been already completed against cancelled orders.
5.4 Product information is verified and updated on a regular basis. It may happen that the data have been updated after your last visit. As manufacturer’s data sheets can be incomplete, the product information at www.water4drinking.com Web Store might be inaccurate. In this event, www.water4drinking.com Web Store does not assume any liability for the correctness of the product data. However, we recommend that you check the accuracy of product information before your purchase by sending an inquiry to: firstname.lastname@example.org.
6. Validity of the Terms
6.1 These Seller’s Web Store Terms shall be valid as of April 22, 2020.