STANDARD TERMS AND CONDITIONS OF SALE

Please contact your Design Consultant to request the terms and conditions for your sale.

Supply Only Terms and Conditions

These Terms and Conditions (Terms) govern the purchase of swimming pool chemicals, spare parts, and other physical goods (Products) ordered directly from Waterstream LTD (we, us, our) via our website, phone, or email, for supply and shipment to the Customer (you, your). By placing an order for Products, you agree to be bound by these Terms.

Crucial Note: These Terms apply only to the supply of physical goods and specifically exclude any provisions related to installation, service, or maintenance of swimming pools. Separate terms will govern those services.

1. Orders and Acceptance

1.1 Placing an Order

You may place an order using our website, by contacting us via phone, or by sending an email order request. All orders are subject to availability and our acceptance.

1.2 Order Acceptance

A contract of sale is formed only when we confirm acceptance of your order, which will usually be via an Order Confirmation email or physical document. If we are unable to accept your order (e.g., due to stock limitations or an error in pricing), we will inform you and not process the order or payment.

1.3 Accuracy of Information

You are responsible for ensuring the accuracy of all details provided in your order, including product selection, shipping address, and contact information.

2. Product Information and Suitability (Supply Only)

2.1 Product Descriptions

We take reasonable care to ensure that all details, descriptions, and prices of Products are accurate. However, errors may occur. If we discover an error in the price or description of any Product you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price/description or cancelling it.

2.2 Supply Only Disclaimer

We provide Products on a supply-only basis. We are not responsible for determining the suitability, compatibility, or specific application of any Product for your swimming pool or equipment. You acknowledge that you or your chosen installer/technician are solely responsible for: a. Verifying the correct Product specification, quantity, and compatibility prior to ordering. b. The proper, safe, and legal installation, storage, handling, and use of all chemicals and spare parts supplied.

2.3 Chemicals and Safety

You warrant that you will follow all manufacturer safety data sheets (SDS) and instructions regarding the handling, storage, mixing, and application of any chemicals purchased.

3. Pricing and Payment

3.1 Pricing

Prices for Products are those displayed at the time of your order, unless a pricing error is discovered (see Section 2.1). Prices include VAT (where applicable) but exclude delivery charges, which will be added to the total amount due.

3.2 Payment

Payment must be made in full before shipment of the Products. We accept payment via Card Payment, BACS, or Direct Debit.

4. Shipping and Delivery

4.1 Delivery Times

Delivery dates and times are estimates only and are not guaranteed. We will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.

4.2 Passing of Risk

Risk of loss or damage to the Products passes to you upon delivery to the address specified in your order.

4.3 Inspection upon Delivery

You must inspect the Products immediately upon receipt. If the Products are damaged or if the order is incomplete, you must notify the carrier and Waterstream LTD within 14 working days of delivery, providing photographic evidence of the damage.

5. Cancellations, Returns, and Refunds

5.1 Your Right to Cancel (Distance Selling)

If you are a consumer, you have a statutory right to cancel an order placed remotely (online, phone, email) within 14 days, starting from the day after you receive the Products.

5.2 Exclusions to the Right of Cancellation

The right to cancel does not apply to: a. Products which are liable to deteriorate or expire rapidly (e.g., certain chemicals with limited shelf lives). b. Products that are sealed for health protection or hygiene reasons and were unsealed after delivery (e.g., opened containers of chemicals). c. Products that have been clearly personalised or custom-made.

5.3 Return Process

To exercise your right to cancel, you must notify us of your decision by a clear statement. The Products must be returned to us at your expense, securely packaged and in their original, unopened, and resalable condition, within 14 days of notifying us of the cancellation.

5.4 Refunds

If you cancel an order in accordance with this section, we will refund the price paid for the Products and the standard delivery cost (if applicable). We may make a deduction from the reimbursement for any loss in value of any Products supplied, if the loss is the result of unnecessary handling by you.

6. Limitation of Liability and Warranty

6.1 Warranty

We warrant that upon delivery, the Products will conform in all material respects with their description and be free from material defects in design, material, and workmanship. Our warranty is limited to replacing or repairing defective Products or refunding the purchase price, at our sole discretion.

6.2 Limitation of Liability

To the maximum extent permitted by law, we shall not be liable to you for any indirect or consequential loss, damage, or expense (including loss of profits, business, or goodwill) arising out of or in connection with the purchase of any Products. Our total liability to you in respect of all losses arising under or in connection with the purchase shall not exceed the price paid for the Products in question.

7. General

7.1 Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

7.2 Entire Agreement

These Terms constitute the entire agreement between you and Waterstream LTD regarding the sale of Products and supersede any prior agreements or understandings.

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