Terms & Conditions

 

About www.thechristmasaspect.com

www.thechristmasaspect.com is a trading name of Aspect Water Solutions Limited.  Registered Office: Unit 9, Ouzledale Foundry Business Park, Long Ing Lane, Barnoldswick, Lancashire, BB18 6BJ.  Registered Number 04695453 (England and Wales) VAT No 809 0845 22.  If you want to ask us anything about the terms and conditions or have any comments or complaints on or about our website, please contact us.

The Website

This website is owned and operated by Aspect Water Solutions Limited (“Aspect”, “we” or “us”) Aspect is providing this site on an ‘as is’ basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, Aspect makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Aspect howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

This site is targeted at England & Wales and Scotland residents only. If you are not a resident of England & Wales and Scotland DO NOT USE THIS SITE. In listing your place of residence and delivery address in our order form, you are representing to us that you are a resident of England & Wales and Scotland. This is a representation on which we rely prior to accepting your offer to purchase our advertised goods and services

While we try to ensure that the website is available 24 hours a day, we cannot guarantee this and will not be liable if for any reason the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, for reasons beyond our control or any other reason we consider to be appropriate in the circumstances. We shall have no liability in respect of any such suspension.

The Website may contain links to other websites not operated or controlled by us. If you use these links, you will leave the website. These links are provided for convenience only and do not constitute any endorsement by Aspect of the organisation promoted on the linked websites, their products or services. We do not have any control over such linked websites or the content of them and cannot accept any responsibility for them.

Please note that although reasonable care is taken to ensure that the website and the materials available from it are virus-free, we cannot accept responsibility for any viruses which may affect any material you download.

Neither Aspect nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Notwithstanding the foregoing, none of the exclusions and limitations in the clauses are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Aspect’s liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

You may not misuse the website (including, without limitation, by hacking, attempting to gain unauthorised access to the Website or any server on which the Website is stored, or by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful). You may not attack the Website via a denial of service attack or a distributed denial of service attack.

By breaching this provision you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website.

Purchase of Goods

1. The contract between us

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.

2. Price

2.1 The prices payable for goods that you order are as set out in our website.

2.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.

3. Right for you to cancel your contract

3.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

3.2 To cancel your contract you must notify us in writing. All notices must be sent in accordance with clause 7 of these terms and conditions.

3.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

3.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

4. Cancellation by us

4.1     We reserve the right to cancel the contract between us if:

4.1.1  We have insufficient stock to deliver the goods you have ordered;

4.1.2  We do not deliver to your area; or

4.1.3  One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers

4.2     If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

5. Delivery of goods to you

5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.

5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.

5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

6. Liability

6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.

6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.

If you notify a problem to us under this condition, our only obligation will be, at your option

6.2.1  To make good any shortage or non-delivery;

6.2.2  To replace or repair any goods that are damaged or defective; or

6.2.3  To refund to you the amount paid by you for the goods in question in whatever way we choose.

6.3     Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2(c) above.

6.4       You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

6.5       Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

7. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at (Unit 9, Ouzledale Foundry Business Park, Long Ing Lane, Barnoldswick, Lancashire, BB18 6BJ) and all notices from us to you will be displayed on our website from to time.

8. Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

9. Invalidity

If any provision of these terms and conditions (including any provision in which we exclude our liability to you) is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

10. Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

11. Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

12. Governing law

The contract between us and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

13. Entire agreement

These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

14. Disposal of Waste Electrical and Electronic products

The Waste Electrical and Electronic Equipment Regulations mean that you will need to dispose of your waste electrical products at a collection facility instead of putting them in domestic waste.  Please refer to www.recyle-more.co.uk to find out where your nearest facility is situated.  Alternatively, you should contact your local council or us.