By accessing any areas of www.puredrinkssystems.co.uk the user acknowledges the notices, and agrees to the terms and conditions, set out below.
Pure Drinks Systems owns and operates the www.puredrinkssystems.co.uk web site. When we receive an Internet order you always get an e-mail from Pure Drinks Systems confirming your order placed on our website. We try our best to process all the orders within a reasonable time frame and according to the delivery options of your choice. If however, goods cannot be mailed within a reasonable time we will e-mail you to advise you of this and, if there is to be a delay, determine if you wish to continue with the transaction or offer you the opportunity to cancel your order.
1. All orders for goods (the “Goods”) to be supplied by Pure Drinks Systems or any of its subsidiary companies as the case may be (hereinafter referred to as the “Company”) are subject to these conditions of sale and the placing of an order by a buyer (“the Buyer”) will constitute acceptance of these conditions.
2. These conditions may not be modified or varied unless Pure Drinks Systems agrees in writing and Pure Drinks Systems will not be deemed to accept any other conditions not waive any of these conditions by failing to object to provisions contained in any purchase order or other communications from the Buyer. No person has authority on behalf of the Company to vary any conditions except by a written variation signed by a director or the company secretary.
3. VALIDITY OF QUOTATIONS. Quotations from the Company are stated to be open for such time as may be specified in each such quotation and provided it is not withdrawn by the Company in such period it remains capable of acceptance. No binding contract will be created by the acceptance by the Buyer of the Company’s quotation until notice of such acceptance has been given in a purchase order and has either been signed by the Company’s duly authorised representative or the Company has indicated to the Buyer orally or in writing its acceptance of such order.
4. If the Buyer places an order with the Company without requesting a quotation from the Company or before such quotation has been provided, all deliveries carried out in satisfaction of such order will be subject to these conditions.
5. NEW ACCOUNTS. Buyers are requested to make purchases via our website. Buyers wishing to open a credit account are requested to complete and sign an Application for Credit Account form (“Application Form”). The Proprietor(s), Partner(s) or an authorised employee (if a Limited Company), must sign the Application Form. Application forms must be submitted with the last twelve months of audited accounts. Until an Application Form has been received and a credit account approved [in writing], orders will not be accepted until cleared funds have been received. Credit accounts are subject to a minimum spend of £200.00 GBP per order.
6. SETTLEMENT TERMS. Unless otherwise agreed by the Company in writing, accounts are payable in full prior to delivery of the Goods taking place. If the Buyer has exceeded any agreed credit terms, the Company may demand immediate payment of all amounts outstanding from the Buyer to the Company on any account. The Company reserves the right to withdraw credit at any time and demand immediate payment of all monies outstanding.
7. The Company, at its discretion, shall be entitled to exercise its statutory right to claim interest under the Late Payment of Commercial Debts Regulations 2002, as modified or re-enacted from time to time. The Company may exercise this right, in addition to any other rights it may have in respect of Goods or non-payment.
8. Where the contract is to be or may be fulfilled in separate installments, deliveries or parts, payment for each such installment delivery or part will be made as if the same constituted a separate contract. Failure by the Buyer to pay for an installment in accordance with this clause will entitle the Company without prejudice to its other rights and remedies to suspend further deliveries of Goods under any other contract to the Buyer, pending payment by the Buyer.
9. The Buyer will indemnify the Company against all cost, losses and liability including but not limited to all legal expenses and disbursements incurred by the Company in recovering any amount which is overdue from the Buyer to the Company pursuant of the Agreement or otherwise.
10. PRICES. Unless otherwise agreed in writing all orders are executed subject to prices and any relevant discounts ruling at the date of receipt of the order and any price list of the Company whether published or not will not affect the right of the Company to charge for Goods in accordance with this clause. All prices are subject to the addition of Value Added Tax at the appropriate rate. Payment of the Price quoted and the VAT must be paid at sale, prior to delivery arrangements being made.
11. In the event of termination, variation or suspension of a contract on the Buyer’s instruction or by lack of instruction, the contract price will be adjusted to reflect the additional costs incurred by the Company. Where a price per unit has been quoted and the Buyers requires a smaller number of units to be delivered than those quoted for, the Company reserves the right to adjust the rates of prices applicable thereto.
12. CREDIT. Any contract will be subject to the Company being satisfied as to the Buyer’s credit worthiness and without prejudice to the generality of the foregoing the Company may in its absolute discretion, having informed the Buyer that the Goods are ready for delivery, refrain from delivering the Goods until such time as the Buyer tenders the purchase money to the Company in a form satisfactory to the Company.
13. DELIVERY. Delivery dates (if any) given by the Company are given in good faith to indicate estimated delivery times but will not amount to any contractual obligation to deliver at the times stated. The Company will not be liable for any loss including (but not limited to) loss of profit, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence) nor unless any delay exceeds 180 days will such delay entitle the Buyer to terminate or rescind the contract.
14. Failure by the Company to deliver any one or more (but not all) installments in accordance with this contact will not entitle the Buyer to treat this contract as repudiated.
15. If the Buyer fails to take delivery of any of the Goods when they are ready for delivery, or fails to provide any instructions or authorisations required to enable Goods to be delivered on time the Goods will be deemed to have been delivered and (without prejudice to its other rights) the Company may:-
15.1 - store the Goods until actual delivery or sale and charge the Buyer for all related costs and expenses (including, without limitation, storage and insurance); and/or 15.2 - following written notice to the Buyer, sell any of the Goods at the best price reasonably obtainable in the circumstances and charge the Buyer for any shortfall below the price agreed with the Buyer.
16. PASSING OF TITLE/RISK. Risk of damage to or loss of the Goods will pass to the Buyer upon delivery.
17. Ownership of the Goods will not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to the Company from the Buyer on any account.
18. DELIVERY/CARRIAGE The cost of delivery to a single address within mainland UK for orders under £100 is charged at £10.00 plus VAT. at the standard rate. We stock all the major brands and aim to delivery within 2 to 3 working days from order. We do offer an express service - please call or email us for prices. Free delivery on orders over £100.00. We can offer discounts if spending more than £1000.00. All prices are subject to 20% VAT unless stated.
19. DESCRIPTIVE MATTER, SPECIFICATIONS AND ILLUSTRATIONS. All descriptive and forwarding specifications, drawings and particulars of weights and dimensions issued by the Company are approximate only and intended only to present a general idea of the goods to which they refer and will not form part of the contract. All particulars are provided by the manufacturer.
20. LIMITATIONS OF LIABILITY. Nothing in these terms and conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation, or the conditions as to title implied by section 12 of the Sale of Goods Act 1979 as amended from time to time.
21. The Company’s total liability in contract tort (including negligence or breach of statutory duty) misrepresentation or otherwise, arising in connection with the performance of this contract will be limited to the price agreed for the Goods.
22. LEGAL CONSTRUCTION. Unless otherwise agreed by the Company in writing, these conditions will in all respects be construed and operate as an English contract, inconformity with English Law, and the parties submit to the exclusive jurisdiction of the English courts.
23. FORCE MAJEURE. The Company will not be liable to the Buyer in any matter or be deemed to be in breach of this contract because of any delay in performing or any failure to perform any of the Company’s obligations under this contract if the delay or failure was due to any cause beyond the Company’s reasonable control.
24. CLEARANCE ITEMS. Goods bought from promotional offers that are offered as clearance or end of line will be refundable at the sale price only. If the item is no longer stocked by the company there will be no material replacement. Credit can be issued against a replacement product.
Pure Drinks Systems will have no liability (other than imposed by the unfair contract terms act 1977), for any direct injury, loss or damage whatsoever, if the cause thereof lies beyond the reasonable control of the Company. Your statutory rights are not affected by the above exclusions.
Under The Consumer Protection (Distance selling) Regulations 2000, you have the right to cancel within seven days - starting from the day after you take delivery of the goods (a "cooling off" period). You have the right to cancel for any reason without penalty.
If you wish to cancel a contract, please write to us or e-mail clearly stating your full details, invoice number and cancellation instructions. To cancel the contract, you must give us notice within seven working days starting from the day after you take the delivery of the order. Please note, all packages sent out on next day services require a signature, if a parcel has been sent on next day and there was no-one in sign for it no refund will be given.
Once you have cancelled the contract, you have a legal "duty of care" to take good care of the goods. You must return the goods to us at your expense to the address below - we would advise that you use a recorded delivery service and an insured courier service for larger items. Please mark all parcels clearly with your returns number.
Goods returned to us for exchange or replacement should be sent by Royal Mail 2nd Class Recorded Delivery, we will not reimburse any other method of shipment.
Pure Drinks Systems, Unit 9 Spitfire Business Park, 1 Hawker Road, Croydon, Surrey CRO 4WD.