Terms and Conditions
1.1 These terms and conditions shall govern the sale and purchase of products and services through our website.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website. Please note that by ordering any of our products and services, you agree to be bound by these terms and conditions.
1.3 If you are a consumer, this document does not affect any statutory rights you may have (such as rights under the Sale of Goods Act 1979 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Protection Act 1987).
1.4 We revise these terms from time to time as set out in Section 15.1. Every time you wish to order products and services, please check these terms and conditions to ensure you understand the terms which will apply at that time.
2.1 In these terms and conditions:
(a) “we” means Hydro-X; and
(b) “you” means our customer or prospective customer,
and “us”, “our” and “your” should be construed accordingly.
3. Order process
3.1 The advertising of products and services on our website constitutes an invitation to treat rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase products and services from us the following steps must be taken:
(i) you must add the products and services you wish to purchase to your shopping basket and then proceed to the checkout;
(ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;
(iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms and conditions;
(iv) you will be required to enter your payment details, either by debit/credit card, or request a pro forma invoice;
(v) we will then send you an initial acknowledgement (this does not mean that your order has been accepted); and
(vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (“Order Confirmation”) (at which point your order will become a binding contract) (“Contract”) or we will confirm by email that we are unable to meet your order (and no contract will be formed between us).
3.4 You will have the opportunity to identify and correct input errors prior to making your order by reviewing your shopping basket. Please take the time to read and check your order at each stage of the order process.
3.5 The Contract will relate only to those products and services whose dispatch or booking we have confirmed in the Order Confirmation.
4. Products and Services
4.1 We may periodically change the products and services available on our website, and we do not undertake to continue to supply any particular product or type of product or service.
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website but this will not come into force prior to the date of the said price change. Any changes will not affect any order we have confirmed with an Order Confirmation.
5.3 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT (unless otherwise stated).
5.4 In addition to the price of the products you may have to pay a delivery charge. You will be notified of any applicable delivery charge prior to the contract of sale in respect of those products coming into force.
6.1 You are required to authorise payment for the products and services, in full, as part of the checkout process.
6.2 Payments may be made by any of the permitted methods specified on our website.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products and services.
6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
6.5 If requesting a pro forma invoice, it is your responsibility to inform us once payment is made. We will not dispatch your items until you have informed us that payment is made.
7. Deliveries of Products and Provision of Services
7.1 Our policies and procedures relating to the delivery of products and provision of services are set out in this Section 7.
7.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
7.3 We will use reasonable endeavours to deliver your products on or before the date for the estimated delivery set out in the Order Confirmation or, if no date is set out in the Order Confirmation, within 10 days following the date of the Order Confirmation; however, we do not guarantee delivery by this date.
7.4 We will only deliver products to addresses in the UK.
7.5 We shall not be liable for non-delivery of a product unless written notice is given to us within seven days of when the product should have been received (the date the product should have been received is 30 days from the date of the Contract).
7.6 Delivery will be completed when we deliver the products to the address you specified in your order.
7.7 You will own the products when we have received payment in full, including all applicable delivery charges.7.8 We will provide the services you purchase on the date set out in the Order Confirmation.
- Special Note On The Coronavirus Pandemic
- We are continuing to operate as normally as possible and are fulfilling our contractual obligations to our customers by continuing to deliver our products as close to on-time as possible.The main impact on our service is delays in the supply chain owing to item shortages and distribution delays. On this basis we have disabled next-day delivery on all orders, and have live lead times on each product to indicate when you should expect to receive you items. For convenience we are noting this as WORKING DAYS.PLEASE NOTE – where you have purchased multiple items of varying lead times, we will despatch your order as a single shipment based on the longest lead-time item.We thank all of our customers for their understanding in the current trading environment.
8. Distance contracts: cancellation right
8.1 This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
8.2 If you are contracting as a consumer, you may withdraw an offer to enter into a Contract with us through our website or cancel a Contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending on the date which is 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the Contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them) or ending on the date that is 14 days from the day the provision of services have been concluded.
8.3 In order to withdraw an offer to contract (or cancel a contract) on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision in writing. In the case of cancellation, you may inform us using the cancellation form that we will make available to you with the Order Confirmation. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
8.4 If you cancel a contract on the basis described in this Section 8, you must send the products back to us (to Hydro-X House, Eden Place, Outgang Lane, Dinnington, S25 3QT) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the Contract. You must pay the direct cost of returning the products.
8.5 If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 8.
8.6 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the Contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.
8.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
8.8 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier and at our sole discretion) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
8.9 In the case of a cancellation of a Contract that relates to the provision of services, if the services were provided to you before the Contract was cancelled you are obliged to pay for all of the services which have been provided at the date of cancellation.
9. Warranties and representations
9.1 You warrant and represent to us that:
(a) if you are a consumer, you are over 18 years of ages and legally capable of entering into binding contracts;
(b) if you are not a consumer, you have full authority, power and capacity to agree to these terms and conditions and bind any business on whose behalf you use our site to purchase products and services;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions.
9.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality.
9.3 We warrant to you that the services will be provided with reasonable care and skill.
9.4 All of our warranties and representations relating to the supply of products and services are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly excluded.
10. Breach of product warranty
10.1 If you believe that products you have purchased from us breach any of the warranties set out in Section 9.2, please contact us to discuss the issue and arrangements for the return of the products.
10.2 If products you purchase from us do not conform with the warranties set out in Section 9.2, then you will be entitled to a refund of all amounts paid in respect of those products. Alternatively and subject to availability, we may agree to supply you with replacement products, in which case we will pay the cost of delivering those replacement products to you. In either case we will reimburse you for your reasonable expenses incurred in returning the products to us.
10.3 If you return a product in contravention of these terms and conditions, and you do not have any other legal right to a refund or exchange for breach of warranty in respect of that product:
(a) we will not refund the purchase price or exchange the product;
(b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
(c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
11.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity and you agree that you will not seek to bring any claim against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12. Order cancellation
12.1 We may cancel a Contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under the Contract; or
(b) you commit any breach of the terms of the Contract.
12.2 We may cancel a Contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
13. Consequences of order cancellation
13.1 If a Contract under these terms and conditions is cancelled in accordance with Section 12:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) we will cease to have any obligation to provide services which have not been paid for at the date of cancellation;
(c) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation or services which have been provided prior to the date of cancellation (without prejudice to any right we may have to recover the products); and
(d) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 11, 16, 17, 18, 19, 20 and 21 will survive termination and continue in effect indefinitely.
14.1 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
15.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
15.2 A revision of these terms and conditions will apply to Contracts entered into at any time following the time of the revision, but will not affect Contracts made before the time of the revision.
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions − providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
17. No waivers
17.1 No breach of any provision of a Contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
17.2 No waiver of any breach of any provision of a Contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
18.1 If a provision of a Contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
18.2 If any unlawful and/or unenforceable provision of a Contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19. Third party rights
19.1 A Contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
19.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
20. Entire agreement
20.1 Subject to Section 11.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and services and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products and services.
21. Law and jurisdiction
21.1 A Contract under these terms and conditions shall be governed by and construed in accordance with English law.
21.2 Any disputes relating to a Contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
22. Statutory and regulatory disclosures
22.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
22.2 These terms and conditions are available in the English language only.
22.3 Our VAT number is 306704032.
23. Our details
23.1 This website www.hydro-x.co.uk/store is owned and operated by Hydro-X Training Limited.
23.2 We are registered in England and Wales under registration number 11552549 and our registered office is at Hydro-X House, Eden Place, Outgang Lane, Dinnington, S25 3QT.
23.4 You can contact us by writing to the business address given above, by using our website contact form or by email to firstname.lastname@example.org or by telephone on 01909 565 133