“Purchaser"
shall mean the individual or company who supplies their credit/debit card details for the purpose of acquiring goods via the Internet.

"Company"
shall mean East Midlands Water Company, the seller of the said goods whether acting as a third party authorised distributor, agent or not.

"Contract"
shall mean the statutory contractual obligation to arrange the supply of goods to the purchaser.

"Goods"
shall mean the goods or services described for purchase upon a web site precisely and shall not refer to any other goods either in fact or by implication.

"Terms"
shall mean these terms and conditions of sale in respect of goods offered for sale on the Internet and shall not refer to any other goods or services.

"Secure Server"
shall mean the electronic means by which credit/debit cards details are taken and protected when proffered for payment for goods or services on the Internet web site the property of the Company.

"Changes"
shall mean changes in writing on the Company's formal headed paper, or by electronic means such that publication of the said changes is made on the Company's web site clearly displayed at the relevant place upon the said web site.

This document shall constitute a legal agreement between the Purchaser and the Company/Third party Manufacturer/Supplier

1. Sale of Goods or Services

1.1
The purchaser agrees that these terms and conditions shall be the only terms and conditions that shall apply to the sale of goods or services on the Company's web site. No other terms or conditions may be applied or included therein for any purpose whatsoever except where:-

1.2
Changes or variations shall be made by the Company in writing or by electronic means where they shall be clearly displayed on the appropriate web site.

1.3
Statements in respect of any part of the goods or services sold where the Company acts as the registered distributor for a third party manufacturer or supplier are entirely the responsibility of the said third party manufacturer and may not be regarded as being necessarily the opinions of the Company, its agents or representatives.

1.4
The Company reserves the right not to supply goods where the destination of the said goods are or are believed to be in a country or territory the subject of a trade embargo instituted by the government of the United Kingdom, wheresoever the said country or territory might be situated.

2. Price

2.1
Prices published for goods or services proffered for sale on the Company's web site are deemed to be correct at the time of entry, but the Company reserves the right to change prices by notification in writing or by electronic means where instructed to do so by a third party manufacturer/supplier or as the result of circumstances deemed to be beyond the control of the Company.

2.2
Prices may fluctuate by virtue of variations in foreign exchange rates and such variation shall not be bound by the conditions at 2.1 of this agreement. Such fluctuations may be applied without prior notice but shall be applied at the first possible opportunity in any event.

2.3
The purchaser acknowledges that he/she shall not hold the company responsible for any claims made in respect of any goods or services offered for sale under this agreement where those claims are the result of information supplied by a third party manufacturer or supplier.

2.4
All prices shall include Value Added Tax at the rate appropriate to current UK and EU legislation's.

2.5
The purchaser shall be responsible absolutely for the payment in full of any and all duties or taxes that might be charged for the purposes of import into a foreign country or territory by the government or appropriate authority of the said country or territory.

3. Warranties and Guarantees

3.1
Any warranty or guarantee applied to goods sold at the behest of a third party shall be the responsibility of the said third party absolutely and any correspondence entered into must initially be carried out between the purchaser and the Company.

3.2
Goods sold as manufactured by or being the service of the Company shall be subject to such warranties and guarantees as may be stated by the Company and correspondence should be entered into with the Company in writing exclusively.

3.3
No warranty or guarantee shall be applied or implied other than at the time of purchase.

3.4
In any event all goods or services purchased here in shall be subject to an unconditional warranty for a period of 30 days, said warranty not to exceed the value of the purchase.

4. Refunds

4.1
The Company shall have liabilities as stated at the time of purchase in respect of goods or services supplied where the said goods or services shall originate from the Company

4.2
Goods returned for the purposes of refund must, where the goods are not stated to be faulty, be in re-saleable condition.

4.3
Delivery costs are non-refundable.

5. Payment and invoice

5.1
Full payment shall be proffered by means of a credit or debit card as specified at the time of order.

5.2
The Company shall proffer an invoice by mail, a single copy only shall be sent, and further copies will be made available by request and at a nominal charge to the purchaser.

5.3
Credit/debit card payments will be debited from the purchaser's account immediately prior to or at the time of despatch of goods ordered.

5.4
Purchasers ordering services shall pay either in full or by instalment whichever shall be specified upon the relevant web site Credit/debit cards shall be debited immediately for services purchased.

6. Fraud Protection

6.1
The Company reserves the right to employ the use of Fraud Protection services in respect of all credit/debit card transactions and all applications must pass in full any and all fraud protection checks that the Company might from time to time employ prior to goods being despatched or services being applied.

6.2
Any transaction where a credit/debit card shall fail to meet the requirements of the fraud protection scheme employed by the company shall be declared void and no debit shall be made from the said account.

6.3
Where a transaction shall fail fraud protection, purchasers may be offered alternatively methods of payment at the discretion of the Company absolutely.

6.4
Where an attempted transaction is made that is deemed to be deliberately fraudulent in its nature the Company shall reserve the right to prosecute in every case.

6.5
The giving of false or malicious information on to the Company's secure server shall be deemed to be reason for the Company to prosecute without exception.

7. Ordering

7.1
Goods and services shall be ordered exclusively by means of the Company's secure server from the applicable web site on the Internet .

7.2
Errors and omissions made when ordering shall be the responsibility of the purchaser absolutely and care shall be taken when entering information onto the web site that contains details of a purchaser's credit/debit card, address or "E"mail identification.

8. Despatch

8.1
Goods will be despatched immediately, or as soon as is practical, upon confirmation of fulfilment in full of the Company's Merchant Banking and Fraud Protection conditions

8.2
Goods despatched directly from a third party manufacturer’s premises shall be the responsibility of the said third party manufacturer absolutely and no liability for late or delayed delivery shall fall upon the Company howsoever such delay or late delivery might occur.

9. Cancellation of Orders

9.1
Cancellation of an order placed using a credit or debit card may only be affected in writing to the Company.

9.2
Refunds in the case of cancellation will be made in full, less a handling charge equal to 10% (ten percent) of the total value of the goods or services for the purposes of administration. Refunds will only be made directly to the purchaser's account by electronic banking means and will not be made in cash or by cheque or by banker's order at any time or for any reason whatsoever.

10. Patents and Copyrights

10.1
Any product or service offered by the Company for sale which is protected by patent or copyright shall not have the said patent or copyright infringed in any way whatsoever or for any reason by the purchaser.

10.2
Any infringement as described at 10.1 which shall be deemed as having been committed shall render the individual responsible and liable to prosecution without notice.

11. Liabilities and Exclusions thereof

11.1
The Company shall be in no way responsible nor shall it be held to be liable for any defect, failure or change in specification or quality of any item of goods where such goods originate from a third party manufacturer. A Purchaser’s statutory rights in respect of the said goods are not affected but liability for the said rights shall lie solely with the third party manufacturer.

11.2
Liability for the quality defect, failure or change of specification of goods originating directly from the Company shall be limited to the purchase price value of the goods only. The statutory rights of the purchaser shall not otherwise be affected.

12. General

12.1
The Company reserves the right to change for the purposes of update any or all of the foregoing terms and conditions at such time as the Company shall see fit and for any other purpose within 14 days notice to be published upon the Internet on the relevant web site(s).

12.2
These terms and conditions shall be governed by the Laws of England and Wales absolutely and shall be deemed to have been accepted as such at the time of purchase.

13. Declaration
I have read and agree to be bound absolutely by the foregoing Terms and Conditions of Purchase. I understand that I risk prosecution if I make a fraudulent statement in order to obtain any goods or services herein offered under these terms and conditions.

(effective 28/01/2001)