Terms & conditions

We ask that you take the time to read these Terms & Conditions (“Terms”) carefully. These Terms apply to the purchase of goods from us and together with your order constitute a legally binding contract between you and us. Please note that these Terms only apply if you are buying goods from us as a consumer (i.e. for purposes outside of your business, craft or profession). If you are buying goods from us in the course of business, our business terms and conditions apply to such purchases. For a copy of our business terms and conditions, please contact us at sales@monarchwater.co.uk.

Please note the limits on our liability set out in clause 12 below.

Nothing in these Terms affects your legal rights as a consumer.

These Terms set out:

• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.

In these Terms:

• ‘we’, ‘us’ or ‘our’ means Monarch Water Limited, a company registered in England and Wales with company number 06590010, whose registered office address is at Fourth Floor, Abbots House, Abbey Street, Reading RG1 3BD. VAT no. 571 076 935 UK; and
• ‘you’ or ‘your’ means the person using our site to buy goods from us.

Our contact details

If you have any questions about these Terms, your contract with us or any orders you have placed, please contact us by:

• sending an email to sales@monarchwater.co.uk ; or
• calling us on 0800 093 8222 (our telephone lines are open Monday to Friday 08:30 to 17:00).

Do you need extra help?

If you would like these Terms in another format (for example: large print) please contact us using the contact details above.

1. Introduction

1.1            If you buy goods from us you agree to be legally bound by these Terms.

1.2            These Terms apply if you are buying goods from us as a consumer (i.e. for purposes outside of your business, craft or profession). If you are buying goods from us in the course of business, our business terms and conditions apply to such purchases. Please email sales@monarchwater.co.uk for a copy of our business terms and conditions.

1.3            These Terms are only available in English. No other languages will apply to our contract with you.

1.4            When buying any goods from us you also agree to be legally bound by:

1.4.1        Our Website Terms of Use and any documents referred to in them;

1.4.2        our Subscription Terms , if you are making a purchase via our ‘set and forget’ subscription service;

1.4.3        extra terms which may add to, or replace some of, our contract with you, for example if there is a change in law. We will contact you to let you know if this applies before we ship your order.

The above documents form part of your contract with us as though set out in full here.

2. Changes to These Terms

2.1            We may change these Terms from time to time as required to meet our changing business needs or to comply with any changes in relevant laws and/or regulatory requirements. Any changes to these Terms will be posted on our website.

3. Orders

3.1            Below, we set out how a legally binding contract between you and us is made.

3.2            You can place an order in the following ways:

3.2.1        on our website by adding the required goods to your basket and completing the online checkout process;

3.2.2        by telephone or otherwise placing an order with our representative (including an engineer) where you indicate which good(s) you wish to purchase and make payment through the designated channels as facilitated by us.

3.3            Please check your order carefully and correct any errors before you submit to us.

3.4            In respect of online orders, after you complete the online checkout process and submit your order we will acknowledge payment by email. Please note that your credit/debit card will be charged when your order is placed. For sales made with our representative whether by telephone, in person or by email, they will acknowledge in person or by email. This acknowledgement does not, however, mean that your order has been accepted by us. A binding contract between us and you shall be formed on our acceptance of the order which will be as set out in clause 3.6 below.

3.5            All orders are subject to availability, and we reserve the right not to accept any order placed by you. We may contact you to say that we do not accept your order. This is typically for the following reasons:

3.5.1        the goods are unavailable;

3.5.2        we cannot authorise your payment;

3.5.3        you are not allowed to buy the goods from us;

3.5.4        we are not allowed to sell the goods to you;

3.5.5        you have ordered too many goods; or

3.5.6        there has been a mistake in the pricing or description of the goods.

3.6            We will send you a payment confirmation email after you have placed an order. This does not constitute acceptance of your order. Acceptance of your order will be when we send you a shipment confirmation email confirming dispatch of your order.. At this point a legally binding contract will be in place between you and us. If we are unable to accept your order for any reason, we will notify you, cancel your order and refund any sums already paid by you for that order. If you order any goods from our engineer whilst at your premises and the engineer installs the goods, a contract will be formed on installation.

4. Delivery

4.1            We may use third party delivery service providers to deliver our goods. Any stated delivery times are estimates only and we will not be responsible for delays in delivery caused by factors beyond our control.

4.2            Delivery will take place at the address specified by you when you placed your order with us.

4.3            We will your reasonable efforts to deliver your order within the delivery period or on the delivery date agreed with you, but no guarantee is given. If your delivery is delayed, we will notify you as soon as possible. However, we are not liable to you for any losses you incur if delivery is delayed due to circumstances beyond our reasonable control (e.g. failures of any mail or courier company, severe weather, accidents or traffic delays).

4.4            If nobody will be available to take delivery, please contact us using the contact details at the start of these Terms. If there is no one at the address given who is able to take delivery when we try to deliver, a reasonable fee for storage and re-delivery fee may apply.

4.5            You are responsible for the goods once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the goods passes to you when you take, or a third party nominated by you takes, possession of the goods. This does not affect your legal rights if the goods are faulty or not as described. Ownership of the goods will pass to you once you have paid for them in full.

4.6            We do not make deliveries to any addresses outside of the UK.

4.7            We may deliver your goods in instalments.

4.8            Please examine the goods as soon as possible after delivery and promptly notify us of any fault or damage.

5. Subscription services

5.1            We offer a ‘set and forget’ subscription service which enables you to purchase consumable items for your goods on a subscription basis. For further information please see our FAQs and Subscription Terms.

6. Services

6.1            If you book and pay for an engineer call-out, we will ask you to select your preferred date for the visit from the available dates. Any date selected by you will only be booked when confirmed by us by email or telephone.

6.2            We shall use reasonable endeavours to attend on the booked date, however, this date is not guaranteed and sometimes we may not be able to attend due to something beyond our reasonable control.

6.3            You shall procure that an authorised person over the age of 18 who has your authority to grant us access shall be present at your property on the booked date.

6.4            If there will be no one at your property on the booked date meeting the requirements of clause 6.3, you must notify us (by phone) by midday on the last working day before the booked date so that an alternative date can be arranged. For example, if the booked date is a Monday, you must let us know by midday on Friday. If you fail to notify us within the required timescale, you will be charged a further call-out charge if a new date is arranged, and there will be no refund of the call-out charge already paid by you, irrespective of whether or not you re-arrange the call-out.

6.5            If there is no one at your property when we arrive on the booked date (including as required under clause 6.3), you will need to contact us to arrange an alternative date. You will be charged a further call-out charge if a new date is arranged, and there will be no refund of the call-out charge already paid by you.

6.6            Any replacement parts will be charged for in addition to the call-out charge.

7. Right to cancel

This clause only applies to you if you are a consumer.

7.1            You have the right to cancel your order under the Consumer Contracts Regulations 2013 and obtain a refund of amounts paid by you under that order:

7.1.1        in respect of an order for goods up to 14 days after you receive the goods subject to the terms of this clause 7; and

7.1.2        in respect of an order for services, up to 14 days from the date of the order confirmation unless you have requested us to start providing the services during the 14-day cancellation period and the services are fully performed during this period and subject to clause 7.7 and the other terms of this clause 7.

This is known as the ‘Cooling Off Period’. For more information, visit www.citizensadvice.org.uk . 

7.2            To exercise the right to cancel, you must inform us by a clear statement by using the contact details below and prior to the end of the relevant 14 day cancellation period. You must provide your name, address, contact details and details of the order you wish to cancel:

7.2.1        Email: sales@monarchwater.co.uk

7.2.2        Phone: 0800 093 8222

7.2.3        You may also use the model cancellation form set out at the end of these Terms and send it to us but it is not obligatory.

7.3            If you create a return for an item during the above timeframes but you can't return it to us for some reason within the time period due to extenuating circumstances, please get in touch as soon as possible but any refund will be at our discretion.

7.4            You will be responsible for the costs of the return of any goods (including salt) to us. You should retain evidence of posting.

7.5            If you cancel your contract with us, we will reimburse to you all payments received from you (except for the supplementary costs arising if you chose to pay for expedited delivery).

7.6            We will make the reimbursement without undue delay. If you cancel an order for goods we will issue a refund:

7.6.1        14 days after the day we have received back from you any goods supplied; or

7.6.2        (if earlier) 14 days after the day you provide evidence that you have returned the goods; or

7.6.3        if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel your contract with us.

7.7            If services have been provided during the 14 day cancellation period at your request, we will make deductions from any refund due to you for the services we provided up to the time that you told us that you want to cancel.

7.8            All refunds will be issued to the same payment method you used when you placed your Order.

7.9            You shall not have the right to cancel an order for goods or to any refund if there is any defect in the goods arising from wear and tear (fair wear and tear excepted), wilful damage, accident, negligence by you or any third party, use of the goods otherwise than as recommended by us, failure to follow the instructions, or any alteration or repair carried out by you or a third party.

7.10          If you have received goods, you must send back the goods unused and, to the extent possible in their original packaging (and in the case of salt and consumables unopened) or hand them over to us at Monarch Water Limited, Fair Green, Diss IP14 4DG, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the order to us. The deadline is met if you send back the goods before the period of 14 days has expired.

7.11          You must take reasonable care to ensure the goods are not damaged while in your possession or in return transit. We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of: unnecessary handling by you (for example if any consumable item has been opened or have visible signs of wear or use); or damage in your possession or during transit.

8. Payment

8.1            We utilise a third party payment processor to facilitate transactions. We do not accept cash or cheques for any orders.

8.2            We will do all that we reasonably can to ensure that all of the information you give to us when paying for the goods via any third party payment processor is secure by using an encrypted secure payment mechanism, such as Shopify. However, in the absence of negligence on our part, any failure by us to comply with the contract between us and you or our Privacy Policy or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

8.3            All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via schemes such as Verified by Visa or Mastercard®SecureCodeTM .

8.4            All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate. Delivery costs for your order are included.

8.5            If we offer any discount codes, such codes will only be valid for the period and on the terms stated.

9. Warranty

9.1            Selected goods are sold with a manufacturer’s warranty, details of which are provided with the goods.  Any extended warranty offered by us will be charged for and subject to terms and conditions as detailed by us at the time of purchase.

9.2            Any warranty provided with the goods or sold by us does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use of the goods contrary to their intended purpose, failure to follow our instructions, or any alteration or repair carried out on the goods by you or a third party not authorised by us.

9.3            Any warranty is in addition to your legal rights as a consumer for any faulty goods, as set out in in clause 10.

10. Faulty goods

10.1          We are under a legal duty to supply you with goods that are in conformity with the contract between us and you.

10.2          The images of goods and their packaging on the website and in any brochure are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the display of the colours or the printed pictures accurately reflect the colours of any goods and the colours may vary depending upon what device you are using and your settings.

10.3          All weights, sizes and measurements set out on the website and in any brochure are as accurate as possible but there may be a slight tolerance in such weights, sizes and measurements in the consumable items.

10.4          Any goods sold at discount prices, as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

10.5          The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality. For more detailed information on your rights and what you should expect from us, please:

10.5.1     contact us using the contact details at the top of these Terms; or

10.5.2     visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.

10.6          Nothing in the contract between us and you (including under any warranty) affects your legal rights under the Consumer Rights Act 2015. You may also have other rights in law.

10.7          We shall not be liable for any defect in the goods arising as a result of, due to, or from:

10.7.1     purchases of goods from unauthorised dealers or reseller/auction sites;

10.7.2     careless operation or handling, misuse, abuse or lack of maintenance;

10.7.3     use of consumables, parts and accessories other than those produced or recommended by us;

10.7.4     failure to change the consumables or carry out recommended maintenance (e.g. descaling) at the recommended periods;

10.7.5     external sources such as weather, electrical outages or power surges;

10.7.6     repairs, installations, re-locations, re-installs or alternations carried out other than by us or our authorised representatives;

10.7.7     normal wear and tear (e.g. fuse etc.);

10.7.8     cosmetic damage, including but not limited to scratches, dents and broken plastic;

10.7.9     deliberate damage, accident or neglect by you or any third party;

10.7.10  a blocking of drainage channels or similar relating to your property’s plumbing;

10.7.11  use other than as recommended by us;

10.7.12  failure to follow the instructions for the goods;

10.7.13  infestation of insects or bugs.

11. End of the contract

11.1          If our contract with you is ended it will not affect our right to receive any money which you owe to us under that contract.

12. Limitation on our liability – PLEASE READ CAREFULLY

12.1          We do not exclude or limit in any way our liability under these Terms:

12.1.1     for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

12.1.2     for fraud or misrepresentation;

12.1.3     for breach of the terms implied by section 31 (goods) and section 57 (services) of the Consumer Rights Act 2015;

12.1.4     for defective products under the Consumer Protection Act 1987, and/or

12.1.5     where the liability cannot be excluded or restricted by law,

and the remainder of this clause and these Terms is subject to this clause 12.1.

12.2          If we fail to comply with these Terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach or failure to use reasonable skill or care but under no circumstances will we be liable for business losses, any loss or damage that is not foreseeable or that is not caused by any breach or negligence on our part. This means we will be responsible for any loss or damage if it was an obvious consequence or non-consequence of our non-compliance or if we knew that such loss or damage may result from our non-compliance at the time of entering the contract with you.

12.3          We shall not be liable under the warranty or otherwise for any loss suffered by you as a result of not being able to use the goods or any other loss other than the repair or the replacement cost of the goods or as otherwise set out in these Terms.

12.4          The goods are provided for domestic use only and, we will not be liable for losses to non-consumers or for any losses relating to any business of yours, for example, lost revenue, income or profits or any interruption to your business.

12.5          We will not be liable for any loss or damage suffered by any person who does not operate the goods in accordance with the instructions or for other matters that we state we are not liable for in these Terms.

12.6          Our maximum liability to you under these Terms and the contract shall be limited to 125% of the charges you paid for the relevant goods and/or services giving rise to the liability, except with respect to any liability under clause 12.1 in which case our liability to you is unlimited.

12.7          Nothing in these Terms will affect your legal rights.

12.8          You have legal rights if the goods are faulty, or if they are not as we have described, or if any services were not carried out by us with reasonable skill and care as set out in clause 10.

13. Your privacy and personal information

13.1          Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy , which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

13.2          We may notify you of goods, services and offers that we think may be of interest to you from time to time, but you may opt out of such communications at any time by notice in writing to us.

14. Disputes

14.1          We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered, our service to you or our website, please contact us as soon as possible using the contact details set out at the top of these Terms.

14.2          If a dispute cannot be resolved via our customer service team or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court. You can submit a complaint to CEDR via their website at www.cedr.com. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

15. General

15.1          The contract is between us and you. No third party shall have any right to enforce any terms of the contract save for any party we transfer our rights and obligations to as referred to in clause 15.2 below.

15.2          We may at any time transfer all or any of our rights and/or obligations under the contract but this will not affect your rights and obligations. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may not transfer any or all of your rights or obligations under the contract to another person without our prior written consent.

15.3          If we choose not to, or delay in, exercising or enforcing any right or remedy under the contract or by law, this will not prevent or restrict us from exercising that or any other right or remedy.

15.4          If a court or relevant authority decides that any provision or part provision of the contract is or becomes invalid, illegal or unenforceable, that provision or part provision shall be deemed deleted but the remaining provisions of the contract shall remain in full force and effect.

15.5          Except as expressly provided in these Terms, the rights and remedies under the contract are in addition to, and exclusive of, any rights or remedies provided by law.

16.            Governing Law and Jurisdiction

16.1          The contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

16.2          We both agree to the non-exclusive jurisdiction of the courts of England and Wales. If you live in another part of the UK you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To:      Monarch Water Limited

          Fair Green, Diss,

          Norfolk, IP22 4DG

I hereby give notice that I/ cancel my contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate