BuyWaterGuardonline operates this website. Throughout the site, the terms "we," "us," "our," "vendor," and "seller" refers to BuyWaterGuardonline. BuyWaterGuardonline offers this website, including all information, tools, and services available from this site to you, the "user," also referred to throughout this document as "customer" or "purchaser" conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.
1.2 By visiting our site and/or purchasing something from us, you engage in our "Service." You agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all site users, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
1.3 Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.
1.4 Any new features, products, content, or tools added to the current online store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your (the customer's) responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1.5 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or the age of majority in your state or province of residence.
2.0 THE PARTIES
2.1 The vendor is BuyWaterguardonline, Registered in England and Wales co no 08295861 Regd Address 85 Great Portland Street, London, England, W1W 7LT
2.2 The purchaser is the person or organisation paying for the goods.
3.0 THE CONTRACT
3.1 The goods advertised on this website are displayed as an 'invitation to treat.'
3.2 the purchaser makes the offer to buy at the time of placing the order.
3.3 The vendor reserves the right to decline any offer to buy. If payment has been made, this will be refunded in full forthwith in the vendor's event, declining the offer to buy.
3.4 Acceptance of the offer to buy is made by the vendor when creating the shipping labels and notifying the purchaser of this by e-mail. At this point, the contract to buy and sell between the purchaser and the vendor is formed.
3.5 Our acceptance of any offer to buy goods on this website is expressly limited to these terms and conditions.
4.0 THIRD PARTY RIGHTS
4.1 Where goods are to be delivered to, or subsequently provided to or installed for a third party (i.e., someone other than the purchaser), there will be no contractual or other rights conferred to the third party. Any issues arising under the contract, including, but not limited to, warranty claims, disputes, cancellations, amendments, and returns, must be made directly by the original purchaser.
5.0 PRODUCT DESCRIPTION
5.1 while the vendor endeavours to ensure that product descriptions and illustrations are accurate and up to date, the vendor reserves the right to amend minor product specifications without notice. In the event of such minor changes, all goods supplied will be of equal or higher quality as those advertised. Where changes are of a substantial nature, the customer will be informed before dispatch, and the opportunity to cancel or amend the order will be given to the customer.
5.2 Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate or out of date at any time without prior notice (including after you have submitted your order).
6.1 We reserve the right to amend the prices of any or all goods and/or services offered on this website without prior notice.
6.2 Price Guarantee
6.2.1 When a price quotation has been provided ahead of a potential order being placed, the prices quoted will be honoured, subject to the aforesaid, for a minimum period of 28 days from the date of that quotation regardless of any interim price increase on this website.
6.2.3 Should a customer find identical goods available for delivery to their order shipping address on offer to the open market at any time up to 7 days after completing their order on this website and at a lower price (including shipping), we offer to refund the difference between the price paid to us and the lower price on offer. Any customer wishing to make a claim under this term must notify us by e-mail to email@example.com within the seven day period following completing their order ln this website. Any refunds made under this policy will be made a soon as reasonably practicable after verification by us of the alternative goods' price and availability.
7.0 SHIPPING TIMES
7.1 All shipping times advertised and quoted on this website are estimates.
7.2 The number of days quoted refers to working days (Monday – Friday inclusive).
7.3 Day one of any shipping period will be the working day following the order's completion date. Any orders paid for after 5.00 pm (east coast time) will be deemed to have been completed on the next working day.
7.4 Any changes to the customer's order will result in the first day of the shipping period being re-set to the first working day after the changes have been made subject to the 5.00 pm cut off time. Any such changes must be requested by e-mail to firstname.lastname@example.org or by telephone to one of the numbers advertised on this website.
7.5 Where a customer opts to pay for expedited shipping and the goods are delivered later than the advertised period, the difference between the expedited shipping charge and the charge for the achieved shipping period will be refunded, subject to the customer notifying the company of the late delivery within 14 days of the original due date for delivery of the goods. Such claims must be made by e-mail to email@example.com.
7.6 For achieved shipping date, the first attempted delivery date will be used as recorded in the courier website's tracking information.
7.7 The vendor accepts no liability for any losses or damages consequential or otherwise resulting from delayed delivery beyond that stated within these terms and conditions. (see para 7.5 above).
8.1 The vendor warrants that the goods will be delivered free of manufacturing defects and / or damage in transit. Subject to our returns policy – see below – the vendor will replace or refund any such defective/damaged goods. The choice between replacing or refunding will be at the vendor's discretion.
8.2 Where goods are to be replaced due to loss or damage in transit, the vendor's policy is to replace such damaged or missing goods without delay and not wait for an outcome of any claim or search by the delivery company.
8.3 The vendor makes no warranties, express, or implied the suitability or performance of the particular project's goods. It is up to the customer to determine the suitability of the goods they buy for the project they intend to use.
8.4 while the vendor offers free expert technical advice, this is given in good faith and without the benefit of seeing the property where the goods are intended to be installed. Such advice is freely offered without liability for losses or damages consequential or otherwise.
8.5 We specifically advise that our basement drainage systems are designed for installation in basements with a separate floor slab / Footer, aka strip footer. They are not suitable for structures with monolithic floor/footings, aka raft foundations. If in doubt, you should seek professional advice prior to ordering.
8.6 The vendor accepts no liability for loss or damages consequential or otherwise arising from handling or using the goods supplied to the purchaser over and above that prescribed in statutory law. Customers are advised that some products may have sharp edges and that installation requires power tools that have inherent dangers. The customer/installer of the products should make themselves fully aware.
8.7 It remains the customer's responsibility to ensure that all necessary protective clothing is worn during installation and that safe working procedure are followed. The protective clothing required includes typically but is not necessarily limited to builder's gloves (which should be waterproof when handling cement and related products), earplugs /defenders, goggles, dust mask, and safety work boots. If in doubt, professional advice should be sought.
9.1 Unless expressly agreed to the contrary, all payments are due prior to dispatch of goods. If a payment is not received or payment is declined, the purchaser acquires no rights nor incurs any liabilities as a result.
9.2 Import duty/brokerage fees: -
International shipments sometimes attract local customs and excise duty/brokerage fees, which are set by and collected on behalf of their country's Government. The vendor is not responsible for these charges, which must be paid by the purchaser, usually directly to the shipping courier.
10.0 CANCELLATION AND RETURNS POLICY
10.1 Domestic / non-commercial customers
10.1.2 The customer has a right to cancel any order and to return any goods received for which they will receive a refund subject to the following: -
10.1.3 The cancellation time limit is fourteen days, starting from the delivery date or first attempted delivery to the customer. 10.1.4 Any refund made due to cancellation by the customer shall be subject to deductions made in respect of order processing, packing, and re-stocking - 20%10.1.5 The lowest available shipping cost (which was available at the time of placing the order) will be refunded; any optional shipping costs, i.e., for faster service will not be refunded.
10.1.6 Cost of shipping becomes effective upon the creation of the shipping labels. Once the order has been picked and packed and shipping labels created, the 20% deduction referred to in 10.2.3 above will apply. Once the goods have been physically dispatched (collected by the courier), the courier clause 10.2.4 above will come into effect.
10.1.7 The customer shall remain liable for any taxes, duties brokerage, and/or other fees payable in connection with the importation to the customer's country of delivery.
10.1.8 The customer shall be liable for any costs of shipping, non-recoverable taxes, duties, and fees relating to the repatriation of any returned goods.10.1.9 Refunds for returned goods, which are due to the customer exercising their right to cancel shall be made within fourteen days of receipt of goods by the vendor provided that the goods are undamaged and in the condition that they were in when originally shipped to the customer.
10.1.10 Any goods due to be returned by a customer exercising their right to cancel as described above must be shipped within fourteen days of cancellation being notified to the vendor.
10.1.11 In the event of a customer wishing to exercise their right to cancel their order and return goods, it will be the customer's responsibility to pay the return shipping costs directly to the shipping company of their choice for the return of such goods. The vendor will not be responsible for arranging the return shipping.
10.1.12 Ownership of any returned goods shall remain with the customer until the vendor has safely and successfully received them back. Any loss or damage that occurs during the return shipping will be at the customer's risk. The customer is advised to take out insurance (ordinarily available through the courier company) if they wish to protect themselves against such risks.
10.2 Non-Domestic customers.
10.2.1 The vendor does not accept returns from non-domestic customers other than at the vendor's discretion.
10.2.1 For these terms and conditions, a non-domestic customer is anyone or any organisation who has purchased the goods to re-sell or install them for a third party for commercial gain. The third party is a friend or relative of the purchaser who is genuinely organising the supply of goods as a gift of favour. Such transactions will still be regarded as domestic to implement this returns policy.
10.3 In response to the Coronavirus pandemic and it's potential for disruption to international trade, we are introducing a new delivery guarantee from 20th March 2020.
10.3.1 Any orders where delivery is delayed beyond the end of June 2020 will automatically entitle the customer (domestic or commercial) to the right to cancel and request a full refund, including shipping costs, without any deductions. Such requests should be sent by e-mail to firstname.lastname@example.org.
10.3.2 In such an event, the goods will be returned to the vendor, and the customer will be refunded via their original payment method.
10.3.3 Customers who opt to wait for their goods to be delivered will not lose their right to cancel and receive a full refund as outlined in 10.3.1 at any time until clause 10.3.1 becomes ineffective.
10.3.4 The moment that the tracking information reveals that the goods are out for delivery, clause 10.3.1 ceases to affect.
11.1 The vendor reserves all rights to the content of this website. Unauthorised use of any of this website's content will be treated as an infringement of copyright.
11.2 Should a customer or potential customer wish to use any illustrations or content of this website (for example, to promote their own installation business where they are installing our products), they may request permission to do so.
12.0 DISPUTE RESOLUTION
12.1 It is the vendor's policy to resolve disputes on an amicable and mutually agreeable basis. Should the purchaser feel that it is necessary to raise a dispute or complaint, this should be addressed to the vendor in writing, preferably by e-mail to email@example.com.
12.2 If a mutually agreeable solution cannot be found, the purchaser has recourse to the dispute resolution service (and the buyer protection afforded by) their credit card issuing company and/or PayPal depending upon the payment method used.
13.0 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
13.1 In no case shall Advanced Basement Solutions Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law in such states or jurisdictions.
14.1 If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
15.1 The contract may be determined by the vendor by implementing the cancellation and returns policy and successfully returning the goods, as described in section 10. above or by the vendor by refunding the purchase price (or the portion which is contractually due) before shipping the goods or at any time after that.
15.2 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
16.0 ENTIRE AGREEMENT
16.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
16.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service).
16.3 Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.
17.0 GOVERNING LAW
17.1 These Terms of Service and any separate agreements whereby we provide you with goods or services shall be governed by and construed in accordance with the laws of England and Wales.
Questions about these Terms and Conditions should be sent to us at firstname.lastname@example.org.