Terms & Conditions
Terms and Conditions of Trade
The term 'Simply Water Limited' or 'us' or 'we' refers to the owner of the website whose registered office is Unit 51 N17 Retail Park, Galway Road, Tuam, Co. Galway. Our company registration number is 212851 registered in Dublin. The term 'you' refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Republic of Ireland.
Customer shall be a reference to the individual, company, partnership or other body that purchases the goods from Simply Water Limited and does not extend to third parties whom may become the ultimate user of the product.
Goods shall be reference to any product sold or supplied by Simply Water Limited, including any product developed by Simply Water Limited or purchased by Simply Water Limited from another source. Contract of Sale The contract will be entered into when one of the following events occurs:-
1. If the goods are ordered using the Simply Water Limited website, the contract is formed when the customer confirms payment for the goods listed in the online shopping trolley.
2. If the goods are ordered over the telephone, the contract is formed when the customer provides and authorises the use of payment details, (credit card, laser card or debit card), to the Simply Water employee.
3. If ordering goods using an order form, the contract is formed when the customer signs the order.
Price and Payment
The price of the goods that are the subject of the contract shall be the price referred to on the website and/or the order form and/or by the Simply Water Limited employee by telephone. In all cases payment is due immediately on formation of the contract.
The Company will, subject to these terms and conditions, within a reasonable period of time at its option make good free of charge by replacement at the original point of delivery or repair or give credit for the invoice value of any Goods and or any part of any of them in which there occurs any failure occasioned by a defect of materials or workmanship or design which appears during a period of 12 months from the date of the Company's despatch of the Goods or such other period as the parties agree in writing (normal wear and tear excepted) provided that the Customer has given the Company written notification of the defect immediately upon the occurrence of such failure and that such notice is also within the said warranty period.
The Company shall have no liability for any Goods which have been installed, used, except in relation to any of the matters referred to in the warranty clauses above. Goods have been installed, used, maintained, assembled, commissioned, serviced, adjusted or stored otherwise than by the Company or in accordance with the Company's recommendations or (if there are none) in accordance with good trade practice;
Any Goods (or in relation to any loss or damage to any plant, equipment or other goods of the Customer in relation to which any of the Goods are applied or used) where the Goods have suffered any excessive wear, misuse, wilful damage, neglect or accident.
Any costs (including labour) of removing any Goods forming the subject of any claim which has been accepted by the Company or the refitting of any repaired or replacement items or any taxes, customs duties, levies or similar charges payable in connection with the transportation to the Customer of any replacement parts.
Any Goods in relation to any defect, failure in performance or other discrepancy in usability or functionality of them which results from any design, specification, advice, information, details, materials or services supplied by or on behalf of the Customer.
Except as expressly provided in these terms and conditions the Company accepts no liability, express or implied, for any life or wear of any Goods or their quality or suitability for any particular purpose or use under specific conditions (whether or not known to the Company). Life Time Guarantee - Provided a replacement filter element is purchased from Simply Water Limited at least once a year, all parts, except the filter element, will be guaranteed for 10 years. This guarantee assumes normal wear and tear on all components. If damage has occurred for any other reason, the guarantee is null and void. To avail of this guarantee the customer must complete the ‘Lifetime Guarantee Claim Form’ and return it to Simply Water Limited as soon as possible. In some cases, photographic evidence may be required to evaluate the claim or the relevant parts may be required to be returned to Simply Water Limited. Any claim will then be evaluated and if it conforms to the terms of the guarantee, the relevant parts will be available for collection from Simply Water offices or may be dispatched by post or courier, the cost to be borne by the customer. Delivery costs must be paid in full prior to dispatch.
The Company shall have no liability in respect of any claim by the Customer under these terms and conditions unless written notice of the claim is given to the Company within the warranty period referred to above; and the Customer has afforded the Company all reasonable opportunities and facilities for the investigation of any claim and the making good of any discrepancy or defect and complied with any request by the Company for photographic or other evidence of or reports relating to the alleged defect and, if the Company so requests, the return, securely packed, of any Goods (including the packaging) for examination or rectification by the Company, the cost of transportation to be borne by the Customer but credited by the Company if the claim is accepted; and the Customer has paid the full amount of all invoices due prior to the date of the claim. Any Goods in respect of which no claim is made in accordance with these terms and conditions shall be deemed to have been accepted and approved by the Customer in accordance with the Contract and the Company reserves the right to charge the Customer with any administration, handling or other costs it incurs in connection with any claim it does not accept.
Extent of Liability
Except to the extent provided below or where expressly provided otherwise in these terms and conditions, the Company shall have no obligation, duty or liability in contract, tort (including negligence), breach of statutory duty or otherwise howsoever under or in connection with the Contract other than for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms (title and quiet possession) implied by the Sale of Goods Act. Except in relation to each of the matters referred to above and where expressly provided otherwise in these terms and conditions the Company shall have no liability for any loss of profit (whether direct or indirect) or for any indirect, special or consequential loss, damage, costs, expenses or other claims for compensation whatsoever of the Customer arising out of, under or in connection with the Contract; and the total liability of the Company to the Customer shall not exceed the price (excluding VAT) for the Goods. Without prejudice the Company shall (except in relation to any matters referred to in clauses above be discharged of all liability to which these terms and conditions apply unless (without extending statutory limitation) proceedings are begun within twelve (12) months after the Customer became aware (or should reasonably have become aware) of the facts giving rise to such liability. Any claim by the Customer or acceptance of liability by the Company in respect of any particular Goods shall not entitle the Customer to reject or refuse to pay for any other Goods comprised in the same or any other Contract.
What we collect
We may collect the following information:
- name and job title
- contact information including email address and phone numbers
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
What we do with the Information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.