Terms & Conditions

Terms & Conditions of Sale

1. Application
These Terms govern the sale by Aquae Sulis to the purchaser of Products for which the purchaser places an order that is accepted by Aquae Sulis. Note that Aquae Sulis' catalog and website are intended for business users only, and we reserve the right to refuse service to non-business customers. No other terms and conditions shall apply. Your acceptance of the Products shall be deemed to constitute acceptance of these Terms.

2. Orders
All orders placed by the purchaser are subject to acceptance by Aquae Sulis. Aquae Sulis reserves the right to revise prices, limit quantities, correct errors in its catalogue and refuse orders at its discretion including, without limitation, orders from distributors, dealers and warehouse stores. Except as may otherwise be permitted by applicable law, the purchaser may not cancel an order which Aquae Sulis has accepted without the agreement in writing of Aquae Sulis, which requirement may be waived by Aquae Sulis from time to time in its sole discretion.

3. Availability of Goods
The vendor will use its best endeavours to comply with the date named for despatch or delivery which date is given and intended as estimate only and is not to be the essence of contract. If owing to non - availability of the goods or any other causes beyond the vendor’s control, the vendor shall be unable to effect delivery hereunder it shall be at liberty to determine the contract or part thereof by giving notice in writing to the purchaser.

4. Delivery
Aquae Sulis shall use reasonable endeavours to deliver the Products on the next working day (some areas of the UK may take up to 72 hours) following your order. Specifically, we are not able to provide for next working day delivery to areas located in the following post codes: FK17-22 G83 IV1-28 IV33-39 KW1-3 KW5-14 PA21-33 PA35-40 PH18-26 PH30-42 HS1-9 IV40-51 IV55-56 KA27 KA28 KW15-17 PA20 PA34 PA41-48 PA60-78 PH42-44 ZE1-3 and all EL post codes.

In addition, next working day delivery to areas located in the GY or JE post codes is available for an additional fee.

Note that oversized or bulky items may require additional delivery time; Aquae Sulis shall endeavour to inform you of extended delivery times at the time you place your order. In any case, Aquae Sulis shall not be liable for any cost or damage caused by late or non-delivery of the Products. Any delay in delivery of the Products shall not give you a right to reject the Products or cancel your order. Aquae Sulis reserves the right to deliver the Products in instalments.

5. Payment
Unless the purchaser is an Aquae Sulis Business Account, the purchaser must pay for the Products at the time the purchaser places their order. Aquae Sulis reserves the right, by giving the purchaser notice at the time the purchaser places their order, to increase the price of the Products to reflect any increase in the cost to Aquae Sulis which is due to any factor beyond its control. Price Lists do not constitute an offer.
All invoices are due for payment on the date shown on the invoice. Payment is to be made in sterling unless otherwise agreed in writing by a director.
All overdue accounts will be charged on a daily basis commercial interest at 5% above the base rate of the Bank of England Libor. Obtaining at the time.

6. Property and Risk
For so long as any amounts remain owing from the purchaser to the vendor (whether immediately due or not) title to the property of the goods shall remain in the vendor and ownership will not pass to the purchaser until the vendor has received payment in full. In the event of the purchaser reselling the goods, if the vendor has not received all amounts owing to it the purchaser shall account to the vendor for the proceeds of any such sale and meanwhile will hold all proceeds of such sale of such goods upon trust of the vendor until the vendor have received such amounts in full. The vendor shall have the right to trace all proceeds in accordance with the principals of R. v. Hallets Estates 1880 13CH.D96. At any time after the due date for payment from the purchaser to the vendor, and so long as such amounts have not been received by the vendor in full , the vendor at the purchaser’s expense shall have the right to enter the purchasers premises and remove therefrom all the goods which remain the property of the vendor.

7. Design Variation
Whilst the vendor makes every effort to ensure that the goods supplied correspond to in every effect with the sample, specification or description provided as the case may be, the vendor is not responsible for the minor variations in specification in colour or other design features, and no such minor variation shall entire the purchaser to rescind the contracts or shall be the subject of any claim against the vendor by the purchaser.

8. Claims
No liability for any claim for damage or non-functionality shall be accepted unless the purchaser notifies the vendor in writing or by telephone within 48 hours of delivery. This period may be extended at the sole discretion of the vendor where the manufacturers replacement policy extends the deadline
No liability for any claim for missing items such as manuals, etc shall be accepted unless the purchaser notifies the vendor in writing within seven days of delivery.
No liability for any claim will be accepted in the case of goods differing in quantity or descriptions from the purchaser given on the delivery note unless the vendor is notified in writing by the purchaser within seven days of delivery and the onus is on the purchaser to prove any shortage.
In the case of active third party on-site maintenance contracts, the purchaser accepts an obligation to use the services of the contracted third party to resolve claims under clause 5(a).
In the case of manufacturers who operate direct product support and returns procedures, the purchaser accepts an obligation to process their claim directly through the manufacturer.

9. Guarantee
The purchaser shall, unless otherwise, in writing, be responsible for all carriage, telephone, postal and other incidental charges incurred during the guarantee period.

10. Distance Selling Regulations
In accordance with the Distance Selling Regulation, the customer has the right to cancel an order within one week (7 working days) of delivery. In accordance with legal provisions personalised items, unsealed software or audio and products containing an activation key are exempt. The customer is expected to take good care of all items and not use them, any goods not returned in an 'as new' condition may be refused or involve extra costs in making the goods 'as new'. In order to meet the 1 (one) week deadline, mailing the cancellation notice within that time frame is sufficient. Please, always refer to and include the order number. The cancellation must be put in writing and must be forwarded to Orders, 1North Limited, Cliffview, 1 Cairnhill Road Roseheary, Aberdeenshire AB43 7NX by mail or e-mail to sales@1north.co.uk. When returning non-faulty goods under the Distance Selling Regulation delivery costs may not be refunded, if the customer wishes Overclockers UK to collect the goods the costs incurred shall also be deducted from any refund. Please note that you have no right to return goods under the Distance Selling Regulations if you are a business customer. All refunds will be processed within 30 days from when you notify us of cancellation of the order. However, we are usually able to issue refunds within 5 – 7 working days from when the goods have been returned to our warehouse

11. Returned Goods
The vendor will not accept goods for credit or rectification unless such return has been authorised by a director, and the goods are received by the vendor in stock condition, with original packaging, software and the vendor reserves the right at its sole discretion whether to accept the return of the goods or whether to rectify the goods or whether to issue a credit note in respect thereof. The vendor reserves the right to charge a restocking fee on goods returned for credit which are not in stock condition.
The purchaser shall unless otherwise stated be responsible for the cost of outward and return carriage and insurance of all goods returned by the purchaser to the vendor for service or credit which goods shall be at the risk of the purchaser until actual receipt of the goods by the vendor. The onus of proof of safe delivery shall rest with the purchaser.
All items returned to the vendor by pre-arrangement and found to contain no fault, will be subject to a 15% restocking charge, provided the goods are in original stock condition. Any downward variation of this restocking charge shall be at the sole discretion of the vendor.
A £20 +VAT Service charge will be applicable if No Fault Found.
No credit shall be allowed for goods until they have been received complete.
A Full Credit will only be given on items returned within 7 Days from Purchase.
If a credit is to be given, the original carriage charge will not be refunded/credited.

12. Liability
Nothing in these Terms shall exclude or limit Aquae Sulis' liability for fraud or for death or personal injury caused by its negligence or any other liability to the extent that the same may not be excluded or limited as a matter of law. Without prejudice to the previous sentence, Aquae Sulis shall not be liable for any loss of income or profits or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by the negligence of Aquae Sulis, its breach or non-performance or any of its obligations under these Terms or otherwise. These Terms set out the full extent of Aquae Sulis' obligations and liabilities in respect of the sale of the Products. In particular there are no conditions, warranties or other terms, expressed or implied, as to satisfactory quality, fitness for a particular purpose or of any other kind whatsoever, that are binding on Aquae Sulis except as specifically stated in these Terms. Any condition, warranty or other term concerning the sale of the Products, which might otherwise be implied into or incorporated within these Terms, whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law. If the purchaser is a consumer the exclusion of terms implied by law will not apply to the purchaser.

13. Data Protection
The personal information you provide to Aquae Sulis consists of your name, your postal and e-mail addresses, other contact details as well as order, delivery and billing information; it will be maintained as part of our customer records for the purposes of credit checking, direct marketing, orders delivery and product purchase history. You may also receive news and marketing offers from Aquae Sulis. This information will be stored, namely, on our database in the United Kingdom. Aquae Sulis may also need to make your records available to our professional advisors, such as lawyers, accountants, regulatory authorities or other governmental administrations. Most of these other parties will be located in the European Union, but others may be based, or have operations, out of the European Union, namely in the United States. From time to time and for quality and efficiency purposes, we may also monitor phone calls directed to our offices. You can contact Aquae Sulis at Aquae Sulis Water Coolers Limited, Unit 1, Duncote Mill, Walcot, Telford, Shropshire, TF6 5ER at any time to see the information held about you and to ask us to make any necessary changes to remove or correct it - in which cases an official fee will be payable - or to object against any further use of your personal data by Aquae Sulis for direct marketing purposes. Further information as to the right to protect your personal data is available from the Data Protection Registry in the United Kingdom. By entering into any agreement with Aquae Sulis or providing Aquae Sulis with personal data, you consent to the processing and transfer of such data in the manner and for the purposes described here above.

14. Consequential Loss
The extent of the vendor liability on the purchaser for any default or breach whatsoever and howsoever arising shall in no case exceed the invoice value of the goods and the vendor shall in no circumstances whatsoever be liable to the purchaser in respect of any loss or damage whether suffered by the purchaser or any customer of the purchaser and whether direct, indirect, consequential, or however else arising.1North Limited. will not be responsible for any data loss howsoever arising. You are responsible to backup your data on a regular basis.

15. Law
If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of the conditions.
This contract is and shall be deemed to have been made in England and / or Scotland and shall in all respects be governed by English Law and Scotish Law.
In respect of consumer sales only, statutory rights are unaffected by these terms and conditions.

16. General
Aquae Sulis shall not be liable to the purchaser for any loss or damage which the purchaser might suffer arising from Aquae Sulis' delay in fulfilling or failure to fulfil any of its obligations under these Terms to the extent that such delay or failure is caused by any circumstance beyond Aquae Sulis' reasonable control. If due to such circumstances or events Aquae Sulis has insufficient stocks to meet all its orders, Aquae Sulis may apportion available stocks between its customers at its sole discretion. These Terms and any terms appearing on any order form to which these Terms apply constitute the entire agreement between the purchaser and Aquae Sulis relating to the Products. The failure of Aquae Sulis or the purchaser to enforce any of these Terms does not constitute a waiver of that term and shall in no way affect the right later to enforce the term. The invalidity or unenforceability of any clause of these Terms shall not adversely affect the validity or enforceability of the remaining provisions. No amendment, variation or addition to these Terms shall be binding unless agreed to in writing by an authorised representative of Aquae Sulis. Aquae Sulis may transfer any contract with the purchaser concluded on these Terms or any of its rights or obligations under any such contract. These Terms will be construed in accordance with the laws of England and any disputes shall be settled by the English courts.

17. Defined Terms
\"Aquae Sulis\" means Aquae Sulis Water Coolers Limited, whose head office is at Unit 1, Duncote Mill, Walcot, Telford, Shropshire, England, TF6 5ER (Company No. 4363682 - VAT no [GB 594 1388 10]) trading as Aquae Sulis Water Coolers Ltd and aquaesuliswatercoolers.com. \"Terms\" means these terms and conditions of sale. \"Products\" means any products listed in this catalogue for which the purchaser places an order which is accepted by Aquae Sulis. \"The Purchaser\" means you, the customer.