Business Customers - Terms & Conditions of Sale
Website Terms of Sale
The following documents may also apply to your use of Our Site:
· Our Acceptable Usage Policy is referred to below in Parts 3, 7, 10, 11, and 16.
· If you purchase goods from Us, Our Terms of Sale, available in our Policies section will apply to the sale. These terms are also referred to below in Parts 13 and 14.
1. Definitions and Interpretation
means an account required to access certain features on Our Site, as set out in Part 7;
means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and live chat;
means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
means a user of Our Site;
means any type of user content like reviews and comments, shared by Users on Our Site; and
means The Deeside Water Company Ltd.
2. Information About Us
2.1 Our Site is operated by The Deeside Water Company Ltd. We are a limited company registered in Scotland under company number SC457187, whose registered address is 1 George Square, Glasgow, G2 1AL and whose main trading address is The Stables, Pannanich Wells, Ballater, Aberdeenshire AB35 5SJ.
2.2 Our VAT number is GB 658 5096 96.
3. How to Contact Us and Your Use of Our Contact Tools
3.1 To contact Us by email, please email email@example.com or to contact us by telephone, please call us on 01339 755000.
3.2 When using Our Contact Tools or contacting Us by any other means, the following rules apply, and you must not communicate, submit, or otherwise do anything that:
a) is sexually explicit;
b) in any way sexualises minors (including, but not limited to, child sexual abuse material);
c) is obscene, deliberately offensive, hateful, or otherwise inflammatory;
d) promotes violence;
e) promotes, encourages, incites, or supports acts of terrorism;
f) promotes or assists in any form of unlawful activity;
g) is defamatory of another person;
h) bullies, insults, intimidates, or humiliates another person;
i) discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;
j) is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
k) is calculated or otherwise likely to deceive;
l) is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;
m) misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive
n) implies any form of affiliation with Us or any other party where there is none;
o) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trade marks, and database rights) belonging to Us or any other party;
p) is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence;
3.3 We may monitor any and all communications made using Our Contact Tools.
4. Access to Our Site
4.1 Access to Our Site is free of charge.
4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.
4.3 Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted. If We suspend or discontinue Our Site (or any part of it), We will try to give you reasonable notice of the suspension or discontinuation.
5. Changes to Our Site
We may alter and update Our Site (or any part of it) at any time for operational or technical reasons.
7.1 Certain features on Our Site, including the ability to purchase goods from Us, may require an Account.
7.2 Only Users aged 18 or over may create an Account. If you are under the age of 18 and wish to use the features on Our Site that require an Account, your parent or guardian must create the Account for you and you may only use the Account with their supervision.
7.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes, it is your responsibility to ensure that your Account is kept up to date.
7.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols.
7.5 It is your responsibility to keep your Account details safe. You must not share your Account details with anyone else. If you believe your Account is being used by someone else without your permission, please change your password immediately.
7.6 You must not use another person’s Account without their permission.
7.9 If you delete your Account, any User Content that you have shared on Our Site will remain or be deleted at our sole discretion.
8. International Users
Our Site is intended for users in the United Kingdom and EU only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.
9. How You May Use Our Site and Content (Intellectual Property)
9.1 With the exception of User Content (please refer to Part 10) and some photographs, all Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
9.2 Users retain the ownership of the copyright and all other intellectual property rights in their User Content (with the exception of any part of any User Content which is owned by a third party, in which case, Users must obtain the express permission for such material to be used in the User Content). For information on the use of User Content, please refer to Part 10.
9.3 You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
9.4 You may print one copy and download extracts of any page(s) from Our Site for personal use only.
9.5 You may not otherwise modify the printed copies, downloaded extracts, or downloaded or saved Content in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.
9.6 You may not use any Content (including User Content) from Our Site for commercial purposes without first obtaining a licence from Us, Our licensors, or the relevant User, as applicable. This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.
9.7 Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as applicable) must always be acknowledged.
10. User Content
10.1 User Content on Our Site includes reviews and comments.
10.2 An Account is required for the submission of User Content to Our Site.
10.3 All User Content and communications with other Users on Our Site must comply with the content standards set out in Our Acceptable Usage Policy.
10.4 You warrant that you will comply with Part 10.3 and the content standards referred to. You will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of your warranty. You will be responsible for any loss or damage suffered by Us as a result of such a breach.
10.5 We are not responsible for any loss of User Content submitted to Our Site. It is your sole responsibility to secure and back up your User Content.
10.6 All User Content is considered non-confidential and non-proprietary.
10.7 We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy.
10.8 We have the right to disclose your identity to a third party if that third party claims that any User Content submitted by you infringes their intellectual property rights (including, but not limited to, copyright) or their right to privacy.
10.9 User Content is not approved or verified by Us before it is displayed on Our Site. The opinions, views, and values expressed in User Content on Our Site are those of the relevant Users and do not represent Our opinions, views, or values.
10.10 We do not store any terrorist content.
10.11 If you wish to make a complaint about any User Content submitted by another User, please contact Us using the details provided above in Part 3.
10.12 If you wish to remove User Content, you may do so by emailing us at firstname.lastname@example.org Please note that caching or references to your User Content may not be made unavailable immediately and may not be made unavailable where they are outside of Our reasonable control.
10.13 User Content on Our Site and the copyright and other intellectual property rights in that User Content, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with that User Content. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
10.14 You (or your licensors, as appropriate) retain the ownership of your User Content and all associated intellectual property rights. When you submit User Content to Our Site, you grant Us an unconditional, non-exclusive, fully transferrable, royalty free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content to the extent necessary to operate and promote Our Site and products.
10.15 In addition to the licence granted to Us under Part 10.14, when you submit User Content to Our Site, you also grant other Users the right to copy and quote your User Content within Our Site.
11. Links to Our Site
11.1 You may only link to the homepage of Our Site, www.deesidewater.co.uk Linking to other pages on Our Site requires Our express written permission.
11.2 Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
11.3 You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
11.4 Your link should not use any logos or trade marks displayed on Our Site without Our express written permission.
11.5 You must not frame or embed Our Site on another website without Our express written permission.
11.6 You may not link to Our Site from another website the main content of which does not comply with the content standards set out in Our Acceptable Usage Policy.
12. Links to Other Sites
12.1 Links to other websites may not be included on Our Site. We accept no responsibility or liability for the content of third-party websites.
13.1 Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be obtained before taking any action relating to our products.
13.2 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up to date, but to the extent permitted by law, We make no warranties, representations, or guarantees (express or implied) that this will always be the case. Please note that this does not apply to information concerning goods for sale through Our Site. Please refer to Our Terms of Sale for more information.
13.3 If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.
14. Our Liability
14.1 The provisions of this Part 14 apply only to the use of Our Site and not to the sale of goods. The sale of goods is governed by Our Terms of Sale.
14.3 If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
14.4 If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
14.5 If you are a consumer, you agree that you will not use Our Site for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.
14.6 If you are a consumer and Our Content (digital content) from Our Site (that is not User Content) damages other digital content or a device belonging to you, where that damage is caused by Our failure to use reasonable skill and care, We will not be liable for this in any way, but You may seek compensation or repair costs from the website developer and operator. This course of action will remain completely separate from Us and we accept no liability for it.
15. Viruses, Malware, and Security
15.1 We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
15.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
15.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
15.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
15.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
15.6 By breaching the provisions of Parts 15.3 to 15.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
16. Acceptable Usage of Our Site
16.2 You may only use Our Site in a lawful manner:
a) You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
b) You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
c) You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
a) Suspend or terminate your right to use Our Site;
b) Issue you with a written warning;
c) Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
d) Take further legal action against you, as appropriate;
e) Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
f) Any other actions which We deem reasonably appropriate (and lawful).
16.4 We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 16.3) in response to your breach.
17. How We Use Your Personal Information
18. Communications from Us
18.2 We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 14 days for your request to take effect and you may continue to receive emails during that time.
18.3 For questions or complaints about communications from Us, please contact Us using the details above in Part 3.
19. What Happens if We Transfer this Agreement to Another Party
20. Law and Jurisdiction
20.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 20.1 takes away from or reduces your legal rights as a consumer.
1. Terms and Conditions of Sale
1.1 These terms and conditions will apply to the sale of any Goods to business customers by The Deeside Water Company, including Fuarain skincare. Acceptance of delivery of the Goods will be deemed to effect acceptance by the Purchaser of these terms and conditions. They will apply to the exclusion of any other terms or conditions, notwithstanding the date or dates of issue of those other terms or conditions, except for any variation in quantity, price, date of delivery or specification of the Goods which has been agreed by Deeside.
In these terms and conditions:-
“Deeside” - means The Deeside Water Company Limited, a private limited company incorporated in Scotland with registered number SC457187 and having its registered office at 1 George Square, Glasgow, G2 1AL and its principal place of business at The Stables, Pannanich Wells, Ballater, Aberdeenshire, AB35 5SJ;
"Delivery" means delivery of the Goods to such place as is agreed between Deeside and the Purchaser, and Delivery shall be completed when the Goods have been unloaded or delivered to such place;
“the Purchaser” - means the purchaser of the Goods and/or any person who orders Goods from Deeside;
“the Price” - the price of the Goods quoted by Deeside / Fuarain or, if no such price is quoted, the price of the Goods specified in Deeside’s / Fuarain’s most recent price list or such other price for the Goods agreed between Deeside and the Purchaser;
“the Goods” - means water, Fuarain skincare and any other products that Deeside may supply, in whichever packaging or delivery format it is supplied, or any part thereof;
“in writing” - means, in relation to Deeside, signed by a director of Deeside.
Headings are given for convenience only and will not affect the interpretation of these conditions.
3. Price and Payment
3.1 The Price is exclusive of VAT (if applicable).
3.2 The Purchaser will pay the Price to Deeside without deduction or set off. The Price may be increased by Deeside at any time before Delivery to reflect any increase in cost beyond Deeside’s control (such as, but not limited to, foreign exchange fluctuation, currency regulation, significant increase in the cost of labour, materials and other costs of manufacture).
3.3 All credit account payments to Deeside are due 30 days after the date of invoice. If the Purchaser fails to make payment on the due date, then the Purchaser will pay Deeside interest on all sums due but unpaid at the rate of four percent over the base rate of the Governor and Company of the Bank of England from time to time from the due date until the actual date of payment. In addition, Deeside may, at its sole discretion, cancel or suspend any further supplies or deliveries to the Purchaser while any payments to Deeside are due but unpaid.
3.4 Where VAT is chargeable on the Goods, the Purchaser shall pay such VAT to Deeside in addition to the Price.
3.5 Transportation and delivery costs (including, without limitation, freight and insurance costs) are to be paid by the Purchaser as agreed with Deeside for each order, unless it is agreed between Deeside and the Purchaser that such costs are included in the Price.
3.6 The costs of packaging (including, without limitation, the costs of renting any pallets and/or containers) are to be paid by the Purchaser as agreed with Deeside for each order, unless it is agreed between Deeside and the Purchaser that such costs are included in the Price.
4.1 Any date specified for Delivery of the Goods ("the Estimated Delivery Date") is an indication given by Deeside in good faith of the date upon which the Goods will be available for Delivery but is not binding on Deeside.
4.2 Deeside will use reasonable endeavours to procure Delivery on the Estimated Delivery Date, but time of delivery will not be of the essence of the contract.
4.3 If the Purchaser fails to take delivery of the Goods or fails to give Deeside adequate delivery instructions prior to the Estimated Delivery Date then, without prejudice to any other right or remedy available to it, Deeside may, at its sole discretion:-
4.3.1 store the Goods until actual delivery and charge the Purchaser for the costs (including insurance) of storage; or
4.3.2 treat the order for the Goods as having been cancelled by the Purchaser.
5. Export Costs, Taxes and Duties
5.1 The Purchaser will be responsible for paying all transportation / shipping costs to export markets.
5.2 The Purchaser will be responsible for paying import duties, fees and taxes which are levied when the delivery reaches the specified destination. Deeside have no control over these charges and cannot predict their amount.
5.3 The Purchaser should contact their local customs office for further information before placing an order and ensure the Goods will comply with all applicable laws and regulations of the country for which the Goods are destined. Deeside will not be liable for any breach of any such laws by the Purchaser.
6. Cancellation by the Purchaser
6.1 If after making an order to purchase Goods from Deeside, but before those Goods are Delivered, the Purchaser cancels that order in whole or part, then the Purchaser will pay to Deeside all costs incurred by Deeside as a result of such cancellation and any charges specified by Deeside.
7. Risk in and Title to the Goods
7.1 Risk of damage to or loss of the Goods will pass to the Purchaser at the time of Delivery of the Goods to the Purchaser (where the Goods are so delivered in the United Kingdom) or at such time as shall be agreed between Deeside and the Purchaser (in all other cases). Sub sections (2) and (3) of Section 32 of the Sale of Goods Act 1979 shall apply subject to such agreement.
7.2 Title to the Goods will remain with Deeside until such time as all sums due from the Purchaser to Deeside are paid in full, notwithstanding delivery and/or acceptance of the Goods.
7.3 For the avoidance of doubt, any pallets and/or containers on or in which the Goods are supplied remain the property of Deeside or its contractors or suppliers (as the case may be) and the Purchaser shall acquire no right in or to such pallets and/or containers.
7.4 Where the Purchaser retains any such pallets and/or containers referred to above after Delivery and does not return them to Deeside within 14 Business Days of Delivery, Deeside shall be entitled to recover from the Purchaser the full replacement value of such pallets and/or containers plus all other costs and expenses incurred by Deeside as a result of such failure to return such pallets and/or containers.
8. Deeside’s Obligations
8.1 Deeside will supply the Goods to the Purchaser in accordance with these terms and conditions.
8.2 Deeside warrants that it has the right to sell the Goods, free from any charge or encumbrance.
8.3 Deeside warrants that the Goods will comply with Deeside’s specification for such Goods (which is subject to change by Deeside).
8.4 Except as set out in paragraphs (8.1)-(8.3) above Deeside shall owe no further obligation to the Purchaser in relation to the supply of the Goods (except insofar as Deeside has otherwise agreed in writing).
8.5 Except as set out in paragraphs (8.1)-(8.3) above any terms, conditions and/or warranties implied by law or otherwise into any contract for the sale of the Goods by Deeside to the Purchaser are excluded (save insofar as such exclusion is prohibited by law or has been waived by Deeside in writing).
8.6 Without prejudice to the above the Purchaser acknowledges that Deeside makes no warranty or representation as to the quality or fitness of the Goods for any particular purpose, it being the Purchaser’s responsibility to ensure that goods of the specification referred to in Clause 8.3 above are suitable for the purpose for which the Goods are used or to be used.
9. Storage and Use
9.1 Deeside’s advice and recommendation as to storage, application and use of the Goods which are set out in the technical specification sheets for the Goods published by Deeside, together with any other advice and recommendations made by Deeside in writing, must be followed by the Purchaser. Deeside shall not be liable for the consequences of the Purchaser’s failure to do so.
9.2 Any advice or recommendation given by Deeside or its employees or agents to the Purchaser or its employees or agents as to the storage, application or use of the Goods which is neither confirmed in writing by Deeside nor set out in the technical specification sheet in relation to the Goods published by Deeside, is followed or acted upon entirely at the Purchaser’s own risk and accordingly Deeside shall not be liable for any such advice or recommendation which is not so confirmed.
9.3 Deeside’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by Deeside in writing. The Purchaser acknowledges that it does not rely on any such representations which are not so confirmed.
9.4 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Deeside shall be subject to correction without any liability on the part of Deeside.
10. Limitation of Liability
10.1 Where any valid claim in respect of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet any specification provided by Deeside in writing is notified to Deeside, Deeside shall be entitled to replace the Goods (or the part of the Goods in question) free of charge or, at Deeside’s sole discretion, refund to the Purchaser the price of the Goods (or a proportionate part of the price), but Deeside shall have no further liability to the Purchaser.
10.2 Nothing in these terms and conditions shall limit any liability which cannot legally be limited, including but not limited to liability for fraud, fraudulent misrepresentation or death or personal injury caused by negligence.
10.3 Subject to Clause 10.2, Deeside shall have no liability to the Purchaser in respect of the following types of loss, howsoever caused:
10.3.1 loss of profits;
10.3.2 loss of sales or business;
10.3.3 loss of agreements or contracts;
10.3.4 loss of anticipated savings;
10.3.5 loss of use or corruption of software, data or information;
10.3.6 loss of or damage to goodwill; or
10.3.7 indirect or consequential loss.
10.4 Unless the Purchaser notifies Deeside that it intends to make a claim in respect of the Goods within one month following the best before date specified by Deeside in relation to the Goods, Deeside shall have no liability to the Purchaser in respect in respect of the Goods.
10.5 Subject to Clause 10.2, the aggregate liability of Deeside under or in connection with the Goods shall be limited to the Price for such Goods.
11. Cancellation by Deeside
Deeside may cancel or suspend any further deliveries of the Goods if:-
11.1 the Purchaser shall fail to pay any sums due to Deeside on their due dates;
11.2 the Purchaser becomes apparently insolvent or bankrupt;
11.3 any security holder or mortgagee takes steps to realise or enforce his security over any asset of the Purchaser;
11.4 control (as defined in section 1124 of the Corporation Tax Act 2010) of the Purchaser shall change; or
11.5 the Purchaser or any subsidiary or holding company of the Purchaser or any subsidiary of such holding company (a “Relevant Company”) shall convene a meeting of its creditors or if a proposal shall be made for a voluntary arrangement within Part 1 of the Insolvency Act 1986 or a proposal for any other composition scheme or arrangement with its creditors or if a Relevant Company shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee, receiver, administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of a Relevant Company or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps (including the presentation of a petition) are taken for the winding up of a Relevant Company or for the making of an administration order (otherwise than for the purpose of an amalgamation or reconstruction) (where the words “subsidiary” and “holding company” shall have the meaning given to them in the Companies Act 2006 as modified, supplemented or replaced from time to time);
12. Events Outside Our Control / Force Majeure
12.1 Deeside reserve the right to defer the date of delivery, to cancel an order or reduce the volume of the Goods ordered by the Purchaser (without liability to the Purchaser) if prevented from or delayed in carrying on business by acts, events, omissions or accidents beyond our reasonable control.
12.2 These include, without limitation, strikes, lock-outs, or other industrial disputes (whether involving the workforce of Deeside or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, snow, storm or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials ("Force Majeure Event"), provided that, if the event in question continues for 30 days, the Purchaser shall be entitled to give notice in writing to Deeside to terminate the order.
12.3 Deeside’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and will have an extension of time for performance for the duration of that period. Deeside will use all reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13. Intellectual Property Rights (IPR)
13.1 The Purchaser acknowledges and agrees that all Intellectual Property Rights of whatever nature, including without limitation copyright, patent rights, rights to inventions, know-how, design rights, trade mark rights and database rights existing now or at any time in the future (“IPR”) subsisting in the Goods, Deeside's products and processes or any information, samples, documentation or other items or materials provided by Deeside shall at all times remain Deeside’s exclusive property.
13.2 The Purchaser further agrees that all knowledge and IPR generated in the use, evaluation, testing or experimentation of the Goods in existing or new applications, processes and technologies, including without limitation any improvements to the same and any IPR subsisting in products, processes, deliverables, reports and test results, shall be Deeside’s exclusive property.
13.3 The Purchaser hereby assigns to Deeside (by way of a present assignation of future rights where legally competent) all right, title and interest in and to any such IPR arising out of or in connection with such evaluation, testing or experimentation of the Goods in existing or new applications, processes and technologies.
13.4 The Purchaser shall promptly upon request by Deeside, provide full details of all applications, methods, formulas and processes which use the Goods and execute all documents required by Deeside to absolutely vest the IPR and knowledge in Deeside.
13.5 Any data, including without limitation test results, trial observations, practical results, full scale operations and any other findings which are generated in the use of the Goods shall be deemed to be Deeside’s confidential information and shall be treated as IPR for the purposes of the foregoing.
14. Data Protection Act
14.1 Deeside reserves the right to consult whomsoever it considers appropriate for the purpose of obtaining trade references and will record information in respect of such opinions which will be made available to other businesses for the continuing assessment of credit risk.
15.1 All communications will be deemed to have been served if sent by ordinary mail to the Purchaser's postal address or by email to the Purchaser's email address, as notified to Deeside by the Purchaser. Communications to the Deeside Water Company should be addressed to :
Deeside Water Company, The Stables, Pannanich Wells, Ballater, Aberdeenshire AB35 5SJ, Scotland or by email to email@example.com or by telephone at +44 (0)1339 755 000.
16.1 Deeside reserve the right to amend or replace the Terms and Conditions at any time. If any substantial changes are made, they will be notified by posting on a prominent position on our website.
17. Errors and Omissions
17.1 Every care is taken to ensure that all prices, quotations, descriptions and information are correct. Upon the discovery of an inadvertent error or omission by either party, appropriate adjustments shall be made as soon as practicable, in good faith, to restore the Parties to the fullest extent possible to the position they would have been in had no such inadvertent error or omission occurred.
18.1 The Terms and Conditions shall be governed by and construed in accordance with Scots law and any disputes that may arise will be subject to the jurisdiction of the Scottish courts.
Terms of sale
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.deesidewater.co.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
means a contract for the purchase and sale of Goods, as explained in Clause 8;
means the goods sold by Us through Our Site;
means your order for Goods;
means our acceptance and confirmation of your Order;
means the reference number for your Order; and
means The Deeside Water Company, a limited company registered in Scotland under SC457187, whose registered address is 1 George Square, Glasgow G2 1AL and whose main trading address is The Stables, Pannanich Wells, Ballater, Aberdeenshire AB35 5SJ.
2. Information About Us
2.1 Our brand name Deeside Mineral Water and Site, www.deesidewater.co.uk are owned and operated by The Deeside Water Company, a limited company registered in Scotland under SC457187, whose registered address is 1 George Square, Glasgow G2 1AL and whose main trading address is The Stables, Pannanich Wells, Ballater, Aberdeenshire AB35 5SJ.
2.2 Our VAT number is GB 658 5096 96.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Age Restrictions
4.1 Consumers may only purchase Goods through Our Site if they are at least 18 years of age.
5. Business Customers
These Terms of Sale do not apply to customers purchasing Goods in the course of business. If you are a business customer, please consult our Business Terms and Conditions on this page.
6. International Customers
We only deliver within the United Kingdom to individual customers. We export to trade customers only.
7. Goods, Pricing and Availability
7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
7.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
7.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
7.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
7.3 Where appropriate, you may be required to select the required product, size and quantity of the goods that you are purchasing.
7.4 We cannot guarantee that Goods will always be available. Stock indications are not provided on Our Site. We always use our best efforts to ensure availability of Goods and prompt delivery. If we are unable to supply or deliver in the normal timescale, we will do our best to inform you as quickly as possible by email and you will have the option to accept a new delivery date or cancel your order and receive a full refund.
7.5 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.
7.6 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated periodically. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.9 regarding VAT).
7.7 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 7 days, We will treat your Order as cancelled and notify you of this in writing.
7.8 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
7.9 All prices on Our Site include VAT in the UK. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment. If VAT regulations change, we will update our prices accordingly.
7.10 Delivery charges are added separately to the price of Goods displayed on Our Site for UK customers. For more information on delivery charges, please refer to the drop down menu on our shop. Delivery options and related charges will be presented to you as part of the order process. You can see more details on our Delivery and Cost document in the Policy section.
8. Orders – How Contracts Are Formed
8.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
8.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
8.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
8.4 Order Confirmations shall contain the following information:
8.4.1 Your Order Number;
8.4.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
8.4.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
8.4.4 Estimated delivery date;
8.5 We will also include a paper copy of the Order Confirmation with your Goods.
8.6 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why by email. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days.
8.7 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.
9.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will be charged at the time of ordering.
9.2 We accept the following methods of payment on Our Site:
9.2.1 Visa, Visa Debit, Mastercard;
10. Delivery, Risk and Ownership
10.1 All Goods purchased through Our Site will normally be delivered in the UK within 5 working days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).
10.2 If for any reason we are unable to deliver the Goods to your chosen delivery address, we will leave a note informing you that the Goods have been returned to our premises with instructions for arranging re-delivery. If you do not collect the Goods or arrange for re-delivery, we will contact you to ask for further instructions. We may charge you for storage costs and for re-delivery. If we cannot contact you despite our reasonable efforts, or we cannot arrange re-delivery or collection, we may end the Contract and issue you with a refund but may deduct a reasonable sum in compensation for any net costs incurred by us as a result.
10.3 In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
10.3.1 We have refused to deliver your Goods; or
10.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
10.3.3 You told Us when ordering the Goods that delivery within that time period was essential.
10.4 If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
10.5 You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 7 days. Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case (10.3 or 10.4), We will bear the reasonable cost of returning the cancelled Goods.
10.6 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address (including, where relevant, any alternative address) you have provided.
10.7 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
10.8 Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Goods.
11. Faulty, Damaged or Incorrect Goods
11.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at firstname.lastname@example.org or 01339 755000 as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Your available remedies will be as follows:
11.1.1 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
11.1.2 If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a replacement of the Goods. We will bear any associated costs and will send a replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you the alternative or a full refund. If you request a replacement during the 30 calendar day rejection period, that period will be suspended while We send the replacement and will resume on the day that you receive the replacement Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
11.1.3 If, after a replacement, the Goods still do not conform (or if We cannot replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
11.1.4 If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
11.2 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind. If you are a consumer, you have a legal right to a 14 calendar day cooling-off period within which you can return Goods for this reason. Please refer to Clause 12 for more details.
11.3 To return Goods to Us for any reason under this Clause 11, please contact Us at email@example.com or 01339 755000 to arrange for a collection and return. We will be responsible for the costs of returning Goods under this Clause 11 and will arrange collection or reimburse you for reasonable postage costs where appropriate.
11.4 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 7 calendar days of the day on which We agree that you are entitled to the refund.
11.5 Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.
11.6 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods.
11.7 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
12. Cancelling and Returning Goods if You Change Your Mind
12.1 If you are a consumer, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.
12.1.1 If the Goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
12.1.2 If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
12.2 If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period. You may do so by emailing us at firstname.lastname@example.org and providing your Order Confirmation Number. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:
12.2.1 Telephone: 01339 755000;
12.2.2 Email: email@example.com
12.2.3 Post: Deeside Water Company, The Stables, Pannanich Wells, Ballater, Aberdeenshire AB35 5SJ;
In each case, providing Us with your name, address, email address, telephone number, and Order Number.
12.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
12.4 Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:
12.4.1 If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
12.4.2 If the Goods are not returned in their original packaging, unopened, in good condition and suitable for resale.
12.5 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.
12.6 You may return Goods to Us in person, by post or another suitable delivery service of your choice to Our returns address at Deeside Water Company, The Stables, Pannanich Wells, Ballater, Aberdeenshire AB35 5SJ. Please contact Us at firstname.lastname@example.org or 01339 755000 to arrange for a collection and return. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12. This cost is normally around £9.00 in the UK. We will charge you the direct cost to Us of collection if you request that We collect the Goods from you. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier. In the UK this is normally around £9.00
12.7 Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:
12.7.1 The day on which We receive the Goods back; or
12.7.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.9.1); or
12.7.3 If We are collecting the Goods under sub-Clause 12.7, the day on which you inform Us that you wish to cancel the Contract; or
12.7.4 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
12.8 Refunds under this Clause 12 may be subject to deductions in the following circumstances:
12.8.1 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
12.8.2 We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 12.
12.9 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods.
13. Our Liability to Consumers
13.1 We will only be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable, or any consequential loss.
13.2 We only supply goods on our Site for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
13.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
13.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
14. Events Outside of Our Control (Force Majeure)
14.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.
14.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
14.2.1 We will inform you as soon as is reasonably possible;
14.2.2 We will take all reasonable steps to minimise the delay;
14.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
14.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
14.2.5 If the event outside of Our control continues for more than 30 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;
14.2.6 If an event outside of Our control occurs and continues for more than 30 days and you wish to cancel the Contract as a result, you may do so by contacting Us directly using the following details:
Telephone: 01339 755000;
Post: Deeside Water Company, The Stables, Pannanich Wells, Ballater, Aberdeenshire AB35 5SJ;
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.
15. Communication and Contact Details
15.1 If you wish to contact Us with general questions or complaints, for matters relating to the Goods, your Order or cancellations, you may contact Us by telephone : 01339 755000, by email : email@example.com, or by post : Deeside Water Company, The Stables, Pannanich Wells, Ballater, Aberdeenshire AB35 5SJ.
16. Complaints and Feedback
16.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
16.2 All complaints are handled in accordance with Our complaints handling policy.
16.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
16.3.1 In writing, addressed to Deeside Water Company, The Stables, Pannanich Wells, Ballater, Aberdeenshire AB35 5SJ
16.3.2 By email, addressed to firstname.lastname@example.org;
16.3.3 By telephone on 01339 755000.
17. How We Use Your Personal Information (Data Protection)
17.1 All personal data that We may collect about you and use will be collected, held, and processed in accordance with UK data protection law (including, but not limited to, the GDPR (and any successor legislation which applies following the UK’s departure from the European Union), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003).
18. Other Important Terms
18.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
18.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
18.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale. This is subject to sub-Clause 18.2 and any purchaser to whom the guarantee has been transferred under that sub-Clause will be entitled to enforce the guarantee.
18.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
18.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
18.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 days of your cancellation.
19. Law and Jurisdiction
19.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of Scotland.
19.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 20.1 above takes away or reduces your rights as a consumer to rely on those provisions.
19.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Scotland.
19.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Scotland.