The Water Cooler Store
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Circon Ltd
Terms and Conditions of Sale

Circon Ltd undertakes to supply water coolers to business customers only. We regret that we are unable to supply water coolers to retail customers.

These are the Terms and Conditions of Sale of Product (the “Product(s)”) on which Circon Ltd (the ‘Company’) does business with its customers (the “Customer”).  They are designed to set out the Company’s responsibilities and the customers rights. They do not replace the customers statutory rights.   

1. Definitions  

 In these Terms and Conditions (hereinafter called ‘Conditions’):  

1.1     ‘Contracts’ mean any contracts made between the Company and the Customer for the
          sale of Product(s)  
1.2     ‘Products’ mean any product, article or item which the Company sells.  
1.3     ‘Order’ means any Order for “Products” made by the “Customer” using the Water
          Cooler Store Website.  
1.4     ‘Parties’ mean the “Company” and the “Customer”.  
1.5     ‘Website’ means         

2. Terms of Acceptance  

2.1     A Contract is formed between the Customer and the Company when (and not before)
         the Company notifies the Customer electronically that the Order has been accepted.
         No Order will be accepted before the Company receives authorisation of credit card
         payment. The Company reserve the right not to accept any Order.  
2.2     The Parties agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply
         in any Contracts.  
2.3     Subject to any relevant laws and regulation, the Customer agrees that these
         Conditions shall be the exclusive basis on which the Product is sold to him.  

3. Price and Payment  

3.1     The price of the ordered Products shall be as set out on the Website.  
3.2     The Company accepts payment through Visa and Master Card (collectively as ‘Credit
3.3     No payment for the Products shall be deemed to have been received until the
          Company has received cleared funds.  

4. Delivery and Installation of Products  

4.1     All Orders will be made through the Website  
4.2     The Products will be delivered to the address entered by the Customer on the on-line
         order form. Products will normally be dispatched within 24 hours. For the avoidance of
         doubt, as the actual delivery of the Products is carried out by third party couriers, the
         Company shall be under no liability for any delay or failure to deliver the Products.    
4.3     If the Company fails to despatch any ordered Products within 30 days of acceptance of
         your Order, the Company shall refund the Customer in full all payment in respect of
         such Products.  
4.4    The Customer agrees that risk of loss or damage of Products passes to him upon
4.5    If the customer installs the Product himself (“DIY installation”) he accepts all risks
        related to that work. If he uses the Company’s recommended Installation Service, such
        risk passes to the Installation Service. Point 6. Limitation of Liability, does apply also in
        this case.

5. Loss and Damage

5.1     The Company warrants that, at the time of delivery, the Products will, subject as
          hereinafter provided, correspond with the description on the Website, will be free from
          defects in materials and workmanship and will be of satisfactory quality (within the
          meaning of the Sale and Supply of Goods Act 1994). There may, however, be
          circumstances where the Company is unable to supply Products as shown or
          described on the Website in which case the Company may, but shall not be obliged
          to, despatch alternative Products (but so that the Products thus dispatched will
          always be of a comparable or superior quality). In such case the Customer shall be
          entitled to reject such Products, return them to the Company at the Company’s cost
          and receive a full refund from the Company. All other warranties are excluded to the
          fullest extent permitted by law.  
5.2     Any claim by the Customer that any Products fails to correspond with the description
         on the Website or that they are defective or not of satisfactory quality, must be notified
         to the Company by [e-mail, fax and/or letter] within 10 working days from the date of
         delivery. If delivery is not refused, or the Company is not notified accordingly, the
         Company shall have no liability for such failure or defect unless the Products were not
         of satisfactory quality at the time of delivery or such defects are latent defects.  
5.3     The Company shall replace the Products in question free of charge or refund payment
          in full, but the Company shall have no further liability for such failure or defect.  

6. Limitation of Liability      

6.1     The Company shall not be liable for any fault or defect in respect of the Products if:    

6.1.1    such fault or defect arose as a result of the Products being improperly
           used and/or not used in accordance with the manufacturer’s manual; or 6.1.2    such fault or defect was the result of modification of the Products by the

          6.2     The Company shall not be liable for any indirect or consequential loss or damage (whether for
                    loss of profit, loss of Company, depletion of goodwill or otherwise), costs, expenses or other
                    claims for consequential compensation whatsoever (howsoever caused) which arise out of or
                    in connection with these Conditions or Contracts.  

6.3     The provisions of this paragraph 6 shall survive the termination of these Conditions.                                          

7. Amendments to this Condition  

The Company reserves the right to vary these Conditions at any time.      

8. Law and Jurisdiction  

These Conditions shall be governed by and construed in accordance with English law.      

Registered address:- Circon Ltd, Grange Farm, Long Lane, Shaw, Newbury. RG14 2TF

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0800 0273101


Circon Ltd, Grange Farm, Long Lane, Shaw, Newbury. RG14 2TF         0800 0273101