The Terms and Conditions regulate in particular the mutual rights and obligations of the Parties arising from the Purchase Contract and within the pre-contractual negotiations on conclusion of the Purchase Contract. The Terms and Conditions also apply to the regulation of the relationship between Pumps & Waters and the online shop user when using the website which we operate from the URL: “www.waterials.com” and other URLS from time to time (“Website”); via direct e-mail, or by telephoning our Customer Services helpline.
Sale of items via this Website, direct e-mail or by telephone is to individuals aged 18 or over only. If you are under 18 you must involve a parent or guardian when placing orders.
Please note that this Website may also contain links to other websites, which are not operated by Pumps & Waters (the “Linked Websites”). Our company has no
control over the Linked Websites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Websites will be subject to the terms of use and service contained within each such site.
Consent and acceptance to the Terms and Conditions
Before completing the order (concluding the Purchase Contract/Order), the Buyer expressly confirms that he/she has read the Terms and Conditions, the Return Policy and the Privacy Policy, agrees with them and is aware that they become part of the Purchase Contract.
You accept and agree to be bound by these Terms and Conditions and the other terms and conditions referred to above when: in the case of on-line orders, you place an order on the Website; you place an order via direct e-mail, or in the case of telephone orders, you confirm to a member of our Customer Services team that you agree to be bound by them.
Nothing in these Terms and Conditions affects your statutory rights either as a consumer or otherwise.
The Buyer acknowledges that it has not relied on any representation made by or on behalf of the Seller, which is not contained in these Conditions. The Buyer will be deemed to have satisfied itself, from its own investigations prior to ordering the goods, that the goods have the functional capability required by the Buyer.
Information about or samples of the goods are for general guidance only and do not form part of the Contract. The Buyer accepts that none of the Seller’s or any manufacturer’s catalogues, brochures, advertisements, drawings or other data form part of the Contract.
Unless the Seller has expressly stated in writing to the contrary, tenders and quotations by the Seller are not binding and only indicate, as at their date, the current price of the goods. The Contract price will be the price ruling at the date of the Buyer’s order but thereafter the Seller may notify the Buyer of such price variation as will reflect movement in the manufacturer’s prices since the date of tender or quotation.
Data on the availability of goods, including expected delivery dates, are only of an indicative nature and are not binding for the Seller. The images of the goods are for illustrative purposes only and may not correspond to the actual form of the goods.
A typographical, clerical or arithmetical error in a document relating to the Contract may be corrected by the Seller without liability.
The price does not include value added tax or any other tax or duty payable, all of which will be charged as an extra.
Purchase and payment
The Buyer sends a request for a quote for any of the products listed on our website, via direct mail or by telephone.
A non binding offer is provided in writing by the Seller.
The Buyer acknowledges and will be deemed to have satisfied itself, from its own investigations prior to ordering the goods, that the goods have the functional capability required by the Buyer and confirms the order in writing or by sending an Official Purchase Order.
The Seller must confirm in writing the acceptance of the order and provide to the Buyer the proforma/invoice for payment.
The order will be placed or be prepared for shipment (for stock items) only when payment is confirmed as received by the Seller`s Financial Department.
For offers containing payment on credit, the Seller will send to the Buyer an official confirmation of the order that is required to be accepted in writing by the Buyer.
The Purchase Contract is concluded when the goods are delivered/picked-up and accepted by the Buyer.
The Seller’s offer does not include assembly or other installation or commissioning of the goods.
If the Buyer orders goods with obviously incorrect information (price, quantity, product specifications, e.g. dimensions, materials, functions, etc. or accessories of the goods), the Purchase Contract shall not be deemed as concluded by submitting the order. In such a case, the order will be considered as an inquiry from the Buyer.
The prices provided by the Seller are NET, excluding VAT. If the buyer fails to provide a valid VAT identification number or any other official documents that will exempt the Buyer from the VAT payment, the Seller will be obliged to charge and collect the VAT in question from the Buyer.
Delivery
Please note that separate delivery rates apply if you require items to be delivered to your address. Unless otherwise specified any price quoted for goods does not include delivery.
Where delivery is to be made to destinations outside the European Union, import duties and taxes may apply, the payment of which is your responsibility. Such taxes and duties are levied once the items reach the specified destination. Pumps & Waters has no control over these charges and we are, therefore, unable to predict what they may be, so you should contact your local customs office for further information. You must comply with all laws and regulations of the country in which the items are to be delivered. You should also note that cross-border deliveries may be subject to opening and inspection by customs authorities.
The Seller will not be liable for any loss (Including loss of profit), damage, cost, expense or other claim caused directly or indirectly by any delay in delivery of the goods. Any date specified by the Seller for delivery is only an estimate. Time for delivery will not be made of the essence of the Contract by notice but if delay in delivery exceeds 45 days after the estimated delivery date the Buyer will be entitled to terminate or rescind the Contract without liability to, or claim against, the Seller.
Delivery will be deemed to have been made when the goods are delivered to the address specified by the Buyer. Even if the Buyer does not accept delivery, the goods will be deemed to have been delivered, risk in the goods will pass to the Buyer and the Seller will be entitled to charge the Buyer for storage and insurance costs.
The Buyer will ensure safe unloading of the goods and will indemnify the Seller (except to the extent of any negligence by the Seller or its nominated carrier) against loss or injury arising from delivery of and/or unloading the goods. At the delivery address the Seller will deliver the goods to the nearest hard standing area to the public highway.
The Buyer shall inspect the goods immediately upon delivery and notify the seller of any damage or shortage. By accepting the goods, the Buyer or his agent discharges the seller from any liability in respect of shortage and of loss or damage to the goods. If the Seller is satisfied that there is such damage, defect or shortage, it may at its discretion replace or repair the goods in a reasonable time, or credit the Buyer with their price. The Buyer will, if so requested by the Seller, return goods, which it believes are damaged or defective at the buyers expense. Where the Seller is satisfied that delivered goods are damaged or defective, the Buyer will not be entitled to refuse either to take delivery of or to pay for other goods delivered by the Seller.
All items must be returned as sold, in their original packaging. All items are not to be used or installed otherwise a refund/exchange will be refused.
If returning an item due to a fault, some manufacturers will require the goods to be sent to them to determine if the fault was caused by a manufacturing defect or incorrect installation. In some cases, inspection fees will apply from the manufacturer’s side, which will be covered by the Buyer. If the item’s failure was caused by a faulty installation or exploitation of the unit, no refund will be provided. If the fault was a manufacturing fault, a replacement or credit will be provided. Carriage costs will be covered by the Buyer. If you need to return goods to us for repair / replacement, please ensure they are carefully cleaned, drained of all fluids and packaged suitably for transit.
The delivery cost shall be borne by the Buyer and paid together with the price of the goods. Pick up is free, other delivery methods are charged. The amount of the delivery costs depends on the place of delivery, chosen delivery method and may be influenced by the quantity, dimensions and weight of the ordered goods. The Buyer will be informed of the specific delivery costs when the offer is sent. However, the delivery costs on the offer are calculated automatically according to the country of delivery and the calculation does not take into account possible cost increases for remote or less accessible delivery locations such as islands,
etc. In case of delivery to such locations, the delivery costs are likely to be higher than the costs calculated in the offer and specified in the Purchase Contract. If this happens, the Seller has the right to cancel the order. The Seller will inform the Buyer without undue delay in such cases and offer him a new order with delivery costs calculated for the exact delivery address of the Buyer.
For orders due to be picked-up by the Buyer, the Seller is entitled to charge the Buyer storage fees if the Buyer fails to pick up the goods from the Seller’s warehouse within a period of 14 days from the time the Seller informed the Buyer in writing that the order is ready for pick up. The goods will become the property of the Seller when the storage fees will be equal to the value of the goods or the buyer will fail to pick up the order within a period of 6 months from time the Seller informs the Buyer in writing that the order is ready for pick up.
Defective performance, complaints, rights
The Buyer is entitled to withdraw from the Purchase Contract (cancel the order) without giving a reason, at any point prior to starting the production (at the factory) or dispatch in case of existing stock. If the items are available on stock at the manufacturer, restocking fees might apply. In this case, the Buyer will cover the restocking fees. The withdrawal from the Purchase Contract must be delivered to the Seller by that time.
The Buyer cannot withdraw from the Purchase Contract for goods that:
- have been manufactured according to the Buyer – requirements/specifications or adapted to his/her personal needs;
- are perishable, or goods with a short shelf life, as well as goods which, by their nature, have been irretrievably mixed with other goods after delivery;
- have been delivered in sealed packaging and for health or hygiene reasons it is not appropriate to return such goods after the Buyer – Consumer has violated the packaging.
- Goods that have been cut to length
The Seller is entitled to withdraw from the Purchase Contract without giving any reason until the Buyer takes receipt of the goods or:
- the Buyer fails to pay the price of the goods including the cost of delivery of the goods by the due date and in the manner specified in the Purchase Contract;
- the Buyer fails to take delivery of the goods at the time and in the manner agreed in the Purchase Contract;
- the goods cannot be delivered within a reasonable period of time, even if they are listed on the website (e.g. if the goods have been withdrawn from circulation, ceased to be produced, in case of extension or failure of delivery of goods by the Seller’s suppliers, the offer of goods has been suspended or terminated by the Seller, etc., regardless of the fact that the Seller has not reacted to this fact by changing the information on the availability of goods);
- there has been a significant change in the price of delivery of the goods or associated costs since the conclusion of the Purchase Contract as well as in the case of inadequate delivery costs.
- the Buyer is in default in payment of the purchase price or acceptance of the goods from an earlier Purchase Contract concluded with the Seller;
- the Buyer is registered as an unreliable VAT payer or as an unreliable person or is a tax debtor;
- if the Buyer does not specify a delivery address different from the billing address, the billing address shall be deemed to be the delivery address.
In case of defective performance of the Seller, the Buyer – Consumer has the right to:
- remedy of the defect by repairing the goods, supply of new goods without defects (replacement of the goods) or supply of missing goods,
- an adequate discount on the purchase price
- withdrawal from the Purchase Contract; the details of withdrawal from the Purchase Contract
The Buyer cannot exercise the right to delivery of new goods (replacement), nor to withdraw from the Purchase Contract as a result of defective performance of the Seller, if the goods cannot be returned in the condition in which they were received. This is not valid in the following instances:
- if the condition of the goods has changed as a result of their inspection for the purpose of detecting a defect in the goods,
- if the Buyer used the goods before the defect was discovered,
- if the Buyer has not caused the impossibility of returning the goods in unaltered condition
- if the Buyer was sold the defective goods before the discovery of the defect, if he/she consumed them or if he altered them during normal use;
The Buyer is obliged to notify the Seller of the defect in a proper and timely manner. Within the notification of defects of the goods, the Buyer is obliged to describe all claimed defects of the goods and their manifestations. The Buyer acknowledges that if he/she does not provide a description of the claimed defects of the goods and how these defects are manifested, the Seller cannot proceed to the settlement of the complaint in relation to such claimed defects and such notification will not be considered as a proper notification (complaint) of the defect. The Seller recommends the Buyer to include his/her contact details (or bank account number in case of a refund) in the notification of defects. The Buyer is recommended to attach a proof of purchase of the claimed goods (invoice) to facilitate the settlement of the complaint.
The Buyer shall inform the Seller their choice regarding the defective performance (i.e. the specific method of resolving the complaint) when giving notification of the defect or without undue delay thereafter. The Buyer cannot change the choice made without the consent of the Seller. However, this does not apply if the Buyer has requested the repair of a defect that proves to be irreparable.
The Buyer – Consumer is entitled to exercise the right to claim for defects that occur in consumer goods for a period of 12 months from receipt of the goods.
The warranty shall further terminate in the event of any intervention in the goods or modifications to the goods not previously approved by the Seller.
The warranty does not cover defects::
- which the Buyer was already aware of prior to the acceptance of the goods or which the Buyer should have known with the exercise of ordinary care prior to the conclusion of the Purchase Contract;
- arising as a result of improper installation, service or maintenance of the goods, unless performed by the Seller or a person designated by the Seller;
- resulting from improper handling of the goods;
- arising as a result of improper use of the goods, in particular use contrary to the instructions for use, instructions on the packaging of the goods or in their documentation, instructions communicated by the Seller, generally known rules of use, as a result of using the goods for purposes other than those which they are intended for, etc;
- resulting from the storage of goods in unsuitable conditions;
- arising from force majeure or other circumstances not attributable to the nature or characteristics of the goods;
- defects for which a lower purchase price for the goods has been agreed with the Buyer;
- resulting from the natural wear and tear of the goods;
- arising as a result of the existence of another defect in the goods, which the Buyer did not properly and timely notify the Seller of, or whose removal the Buyer did not ensure (if the defect was not covered by the Seller’s liability for defects or under the quality guarantee).
The Seller shall return to the Buyer the funds received from the Buyer under the Purchase Contract (the price of the goods and the cost of delivery of the goods to the Buyer), by electronic transfer to the account from which the funds were received from the Buyer or to which the Buyer communicates to the Seller for this purpose. The Seller is not obliged to return the received funds to the Buyer before the goods are returned by the Buyer.
Limitation of liability
Above all warranties, conditions and other terms implied by common law or statute are, to the fullest extent permitted by law, excluded from the Contract and the Seller will not be liable to the Buyer for any indirect or consequential loss (whether for loss of profit, loss of business, depletion of goodwill or otherwise), damage, cost, expense or other claim for indirect or consequential compensation whatsoever, arising out of or in connection with the Contract.
The Seller is not responsible for the continuous availability of the online store and services associated with it, especially with regard to the need for maintenance associated with it. The Seller will not be liable to the Buyer for any claim for indirect or consequential compensation whatsoever, arising out of or in connection with the downtime of the services.
All product names, trademarks, brands and logos used on this site are the property of their respective owners. Pumps & Waters is not an authorized distributor, reseller or representative of all the products featured on this website. The depiction, description or sale of products featuring these names, trademarks, brands and logos is for identification purposes only and is not intended to indicate any affiliation with or authorization by any rights holder.
The Buyer will not assign the Contract or any part of it without the Seller’s prior written consent. The Seller may assign the Contract or any part of it to any person, firm or company. Nothing in the Contract except a permitted assignment confers or purports to confer on any third party any benefit or the right to enforce any provision of the Contract.
Risk and legal title
Risk in the goods will pass to the Buyer upon delivery. Notwithstanding delivery of the goods and the passing of risk to the Buyer, legal title to the goods will not pass to the Buyer until the Seller has received full payment for the goods and full payment of any other sums which are (or which, before full payment for the goods is made, become) due to the Seller from the Buyer on any account whatsoever, whether or not related to the goods supplied under this Contract.
If the Seller opts to replace damaged or defective goods where legal title to the goods has already passed to the Buyer, legal title to any goods so replaced will revert to the Seller.
Force Majeure
The Seller will be entitled. Without liability to the Buyer, to defer delivery of the goods or to cancel the Contract if the Seller is delayed in or prevented from implementing its obligations under the Contract due to circumstances beyond its reasonable control including, without limitation, acts of God, governmental or local authority action. war national emergency, riot, civil commotion, malicious damage, fire, explosion, lockout, strike or other labour dispute (whether or not relating to either party’s workforce). flood or other meteorological condition, restraint or delay affecting carriers. or delay in obtaining or inability to obtain supplies; provided that, if the event in question continues for a period of more than 120 days, either the Seller or the Buyer will be entitled (as its sole remedy) to give written notice of termination of the Contract to the other.
Data protection
The Seller will collect contact details and other information about the Buyer but will only use such data in implementing the Contract and in subsequent marketing and will not disclose such data to third parties outside the Seller’s group of companies. The Seller may search with a credit reference agency in respect of the Buyer and its directors/partners.
Changes to this Website and Terms and Conditions
We reserve the right at any time to make changes to the Website, these Terms and Conditions, the Website Conditions of Use , Privacy Policy and such other policies. You will be subject to the policies and terms and conditions in force at the time you order items using our services. Changes which we are required to make by law could apply to orders which you have already made. Customers / users in turn have the sole responsibility to check at regular intervals for any changes to these terms of use. These modifications are binding and by your use of the website it is presumed that you have accepted them. Any modification is not valid and therefore does not affect orders already placed and routed for delivery.
Dispute resolution in court
The courts of Romania shall have jurisdiction to resolve disputes between the Parties arising out of or in connection with the use of the online shop and the Purchase Contract.
Intellectual property rights
The website www.pumps-and-waters is the official online store for the exhibition and sale of Pumps & Waters products and therefore all its content, information, data, photos, trademarks, logos, graphics, designs and any other distinctive features as well as general All digital files and services provided by the online store are the intellectual property of the company itself and are protected by EU and international copyright and industrial property laws. It is forbidden in any way to mislead the public about the real owner of the content of this website which is the intellectual property of Pumps & Waters and is not allowed in accordance with the relevant provisions of EU law to be retransmitted and to be, in whole or in part, subject to copying, reproduction, sale, modification, republishing and / or distribution, by any means or means.
The names, trademarks, images, logos and insignia representing the website www-waterials.com or third parties and products, are the exclusive trademarks of the www-waterials.com or third parties and are protected by the relevant trademark laws, and commercial and industrial property. Their appearance on the website should not for any reason be construed as a transfer or assignment of their license or right of use. Responsibilities arising from the use in any way by third parties of the above marks and distinctive features of third parties are not borne by the company.