Terms & Conditions

Terms & Conditions of Trade

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Simply Water Limited's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term 'Simply Water Limited' or 'us' or 'we' refers to the owner of the website whose registered office is Environment House, Brighton Green, Brighton Square, Dublin 6. Our company registration number is 212851 registered in Dublin. The term 'you' refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, your personal information may be stored by us for future use.
  • 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

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

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.

Warranty

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.

Claims

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.

Business Privacy Policy

This privacy policy sets out how Simply Water Limited uses and protects any information that you give Simply Water Limited when you use this website. Simply Water Limited is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Simply Water Limited may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st. February 2012.

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.

Security

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.

How we use Cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. 
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other Websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your Personal Information

You may choose to restrict the collection or use of your personal information in the following ways:

  • whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@simplywater.com.
  • We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

Website Disclaimer

The information contained in this website is for general information purposes only. The information is provided by Simply Water Limited and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of Simply Water Limited. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Simply Water Limited takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Internet Copyright Notice

This website and its content is copyright of Simply Water Limited - © All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • you may print or download to a local hard disk extracts for your personal and non-commercial use only
  • you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties

General

The laws of the Republic of Ireland govern these terms and conditions. By accessing this website and buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the Irish courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other