This site is owned by Milehouse Management Ltd (hereafter THE MERCHANT) and registered in England, Registration No. 4913708, email address at sales@fountainsofteners.co.uk. VAT registration number 823 2170 63 - EORI number GB823217063000.
Any purchase of goods from the site www.fountainsofteners.co.uk (hereafter THE MERCHANT SITE) requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature". |
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| Purpose |
| These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by THE MERCHANT for the customer. |
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| Order Confirmation |
| These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by THE MERCHANT for the customer.. |
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| Proof of Transaction |
The records stored in THE MERCHANT's computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.
Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence. |
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| Product Information |
| Every effort has been made to ensure the accuracy of the information presented on THE MERCHANT SITE. THE MERCHANT or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual. |
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| Validity Period of Offer and Prices |
Our offers and prices are valid for the day the site is consulted and are subject to change without notice. Offer codes are completely automated and cannot be applied after the order has been placed. |
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| Delivery Terms |
Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service.
All products are checked before leaving our premises and leave in perfect condition. The customer must notify the carrier (or postman) of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary.
No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception.
As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will reimburse THE MERCHANT, who will deliver a new, identical package to the customer free of charge.
We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes. |
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| Loss or Damage in Transit |
THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE MERCHANT and the carrier within three (3) business days of delivery.
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE MERCHANT or its representatives on request. |
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| Delivery Errors |
The customer must inform THE MERCHANT immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.
Any claim made after this time period will be rejected.
All claims must be made in writing and sent to THE MERCHANT ADDRESS.
Any claim that does not respect the rules defined above cannot be taken into account and releases THE MERCHANT of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE MERCHANT in whole, in its original packaging and in perfect condition to THE MERCHANT ADDRESS.
For claims to be accepted, the customer must first make a declaration to THE MERCHANT concerning any returns and receive and THE MERCHANT's consent. If accepted, the customer will ship the package to THE MERCHANT ADDRESS.
Shipping fees shall be at THE MERCHANT's expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return. |
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| Warranty |
The provisions hereof cannot deprive the customer of their right to legal warranty requiring THE MERCHANT to protect the customer against latent defects of goods sold.
The customer is expressly informed that THE MERCHANT is not the manufacturer of the goods presented in THE MERCHANT SITE and that THE MERCHANT shall not be held liable for defective goods.
In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product.
All products sold on THE MERCHANT SITE are under a one (1) year warranty unless specified otherwise. All products that have been modified or repaired by the customer or any other party not chosen by THE MERCHANT are not covered by this warranty. |
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| Right to Withdrawal |
Under Consumer Contracts Regulations 2013, if you buy online or by phone, your consumer rights entitle you to a full refund if you request one in writing within 14 working days of receipt. This includes any delivery charge, but excludes orders for any goods made to your specification.
If you decide to cancel, you should return the goods to us at your cost within 28 days of such cancellation and we will refund you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation right apply.
We may make a deduction from the refund for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the refund no later than 14 days after the day we receive back from you the goods supplied.
In cases where goods are returned after 28 working days following cancellation, a £20 plus VAT charge will be deducted for the original delivery charge.
We must be advised of your wish to return the goods beforehand by phone or email to our customer service department. All goods must be returned to our delivery address - Fountain Softeners, Poplars Barn, Newpound, Wisborough Green, West Sussex, RH14 0EJ and ask you to keep a proof of postage. If you would like us to arrange a collection, please call for a quote.
If you exercise the right to withdrawal, you have the option of requesting a full refund or exchange of goods. If an exchange is requested, all shipping expenses shall be your responsibility.
If the goods are returned after the 14 day period due to a fault, they will be tested in our workshops. If no fault is found with the item this will be returned to you as promptly as possible. Items that are returned as faulty where no fault is found after testing, and are subsequently not required by the customer will be subject to a 25% handling charge of the original sale price. |
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| Right of Use |
| The use of any trademarks, logos or brands present on the site is strictly forbidden. |
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| Force Majeure |
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.
In such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within ten (10) business days following the date such events become known.
Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party. |
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| Partial Invalidity |
| These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court. |
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| Non-Waiver |
| No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof. |
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| Data Protection |
| All personal data you provide us is used to process your orders and not shared with any third party. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998. |
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| Applicable Law and Competent Jurisdiction |
In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT's terms and conditions.
In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts. |
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| Obligations |
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or otherwise sub-license material on the website;
(c) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(d) edit or otherwise modify any material on the website; or
(e) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our product catalogue and price list)].
The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. |
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| Restricted Access |
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password.
We may disable your user ID and password if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us. |
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