Our Terms

1. These Terms

1.1

What these terms cover.
These are the terms and conditions on which we supply to consumers whether these are goods or services.

1.2

If you are not buying as a consumer.
Our Terms and Conditions of Business and Trade Sales (found here) will apply instead of these terms and conditions.

1.3

Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information About Us and How to Contact Us

2.1

Who we are.
We are Hydratech Benelux, a division of Liquitherm Technologies Group Limited, a company registered in England and Wales with, registration number 3651123 Our registered office is Europa Way, Swansea West Business Park, Fforestfach, Swansea, Wales, SA5 4AJ and VAT registration number GB801113401.

2.2

How to contact us.
You can contact us as follows:-

• Telephone: 01792 572290
• Email: support@liquitherm.co.uk
• Address: Liquitherm Technologies Group, Europa Way, Swansea West Business Park, Fforestfach, Swansea, SA5 4AJ

2.3

How we may contact you.
If we have to contact you we will use the contact information including telephone, email and postal address, provided by you to us in your order.

2.4

When we use the words "writing" or "written" in these terms, this includes emails.

3. Our Contact With You

3.1

How we will accept your order.
Our acceptance of your order will take place when we email you an Order Acknowledgment to accept it, at which point a contract will come into existence between you and us. Any quotation given by us shall not constitute a legally binding offer, or commit us to selling a particular product at a particular price.

3.2

If we cannot accept your order.
If we are unable to accept your order, we will inform you of this and will not charge you for the products. This might be because the products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because of issues with processing your payment, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the products or because we are unable to meet a delivery deadline you have specified.

4. Our Products

4.1

The products are described in Liquitherm's Order Acknowledgement.

4.2

Liquitherm reserves the right to amend the specification of the products (including any changes to packaging or trade dress) provided that these changes do not have a material impact on the capabilities, performance, or the quality of the products. The images of the products on our website are for illustrative purposes only, whilst we have made every effort to display the products accurately, your products may vary slightly from the images displayed.

4.3

Liquitherm reserves the right to amend the specification of the products if required by any applicable statutory or regulatory requirements.

5. Your Rights to Make Changes

If you wish to make a change to your order please contact us at the earliest possible opportunity. We will confirm if the change can be accommodated and if it results in any changes to the price of the products, the timing of supply, or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change, or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8).

6. Providing the Products

6.1

Delivery costs.
The costs of delivery will be as may be displayed to you on our website or as detailed on the order acknowledgement.

6.2

When we will provide the products.

• 6.2.1 If the products are goods. We will deliver the goods to you as soon as reasonably possible. We will contact you with an estimated delivery date which will be within [30] days after the day on which we accept your order.
• 6.2.2 If the products are services. We will begin the services on the date agreed with you during the order process. Some of our services (for example, the Fluid Monitoring Program) are subject to you taking and supplying fluid samples to us for analysis. You are required to take certain actions before we can complete the services. Any estimated completion date is dependent on you taking the necessary actions.

6.3

We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

6.4

Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 08:30 AM to 17:00 PM on weekdays (excluding public holidays).

6.5

Failed delivery. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the delivery agent will leave a note informing you of how to rearrange delivery, or collect the products from a local depot.

6.6

If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract and clause 10.2 will apply.

6.7

When you become responsible for the products.The products will be your responsibility from the time they were collected from us by you or a carrier acting for you, or we delivered them to the address you gave us.

6.8

When you own products.You own the products when we have received payment in full.

6.9

What will happen if you do not give required information to us. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply), or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We may need certain information from you so that we can supply the products to you, for example, the return of a testing kit.

6.10

Reasons we may suspend the supply of products to you. We may have to suspend the supply of products to:

• 6.10.1 deal with technical problems or make minor technical changes;
• 6.10.2 update the products to reflect changes in relevant laws and regulatory requirements; and/or
• 6.10.3 make changes to the products as requested by you or notified by us to you (see clause 6).

6.11

Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the products, unless the problem is urgent or an emergency. If we have to suspend the supply of the products for longer than 4 weeks we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for products if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 6 weeks and we will refund any sums you have paid in advance for the products in respect of the period after you end the contract.

6.12

We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to, (see clause 12.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).

7. Your Rights to End the Contract

7.1

You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the contract:

• 7.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the products repaired or replaced or a service re-performed, or to get some or all of your money back), see clause 11;
• 7.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
• 7.1.3 If you have just changed your mind about the products, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products;
• 7.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.

7.2

Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

• 7.2.1 we have told you about an upcoming change to the products or these terms which you do not agree to (see clause 6.2);
• 7.2.2 we have told you about an error in the price or description of the products you have ordered and you do not wish to proceed;
• 7.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
• 7.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 weeks; or
• 7.2.5 you have a legal right to end the contract because of something we have done wrong.

7.3

Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

7.4

When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

• 7.4.1 any goods which become mixed inseparably with other items after their delivery.
• 7.4.2 services, once these have been completed, even if the cancellation period is still running;
• 7.4.3 goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

7.5

How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

• 7.5.1 Have you bought services (for example, Fluid Monitoring Program services)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
• 7.5.2 Have you bought goods (for example, thermal fluids)? If so, you have 14 days after the day you (or someone you nominate) receives the goods, unless:
  1. Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
  2. Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
  3. Please note clause 7.4.1. You may not be able to change your mind if you have used the products and they become mixed inseparably with other items.

7.6

Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the goods are delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

8. How to End the Contract with Us (Including if You Have Changed Your Mind)

8.1

Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

• 8.1.1 Phone or email. Call customer services on 0168 – 722 026 or email us at support@liquitherm.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
• 8.1.2 By post. Simply write to us at Europa Way, Swansea West Business Park, Fforestfach, Swansea, SA5 4AJ, including details of what you bought, when you ordered or received it, and your name and address.

8.2

Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you, or you have received them, you must return them to us. You must either return the products in person to where you bought them, deliver them back to us at Liquitherm Technologies Group Limited Europa Way, Swansea West Business Park, Fforestfach, Swansea, Wales, SA5 4AJ, or arrange for them to be collected from you. Please call customer services on 0168 – 722 026 or email us at support@liquitherm.co.uk for a return label, or to arrange collection. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.

8.3

When we will pay the costs of return.We will pay the costs of return:

• 8.3.1 if the products are faulty or misdescribed; or
• 8.3.2 if you are ending the contract because we have told you of an upcoming change to the products or these terms, an error in pricing or description, a delay in delivery due to events outside our control, or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

8.4

What we charge for collection. If you are responsible for the costs of return and we are collecting the products from you, we will charge you the direct cost to us of collection. The costs of collection will be based on weight and dimensions of the products we are collecting and will be based on our standard delivery charges.

8.5

How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

8.6

Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

• 8.6.1
  We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
• 8.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of the products within 3-5 days at one cost but you choose to have the products delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
• 8.6.3 Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied in comparison with the full coverage of the contract.

8.7

When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

• 8.7.1 If we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us. For information about how to return the products to us, see clause 9.2.
• 8.7.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

9. Our Rights to End the Contract

9.1

We may end the contract if you break it. We may end the contract for the products at any time by writing to you if:

• 9.1.1 you do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due;
• 9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, information regarding your delivery address;
• 9.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
• 9.1.4 you do not, within a reasonable time, allow us access to your premises to supply the services.

9.2

You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10. If There is a Problem with the Products

10.1

How to tell us about problems. If you have any questions or complaints about the products, please contact us. You can telephone our customer service team at 0168 – 722 026, email us at info@hydratechbenelux.nl or write to us at Hydratech Benelux, 5 Europa Way, Fforestfach, Swansea, SA5 4AJ.

10.2

Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.

10.3

Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must deliver them back to us or allow us, to collect them from you. We will pay the costs of redelivery or collection. Please call customer services on 0168 – 722 026 or email us at info@hydratechbenelux.nl for a return label or to arrange collection.

11. Price and Payment

11.1

Where to find the price for the products. The price of the products (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the products advised to you is correct. However, please see clause 12.3 for what happens if we discover an error in the price of the products you order.

11.2

We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the products, we will adjust the rate of VAT that you pay unless you have already paid for the products in full before the change in the rate of VAT takes effect.

11.3

What happens if we got the price wrong. It is always possible that, despite taking all reasonable care, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of the products at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price of the products at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable, and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid, and require the return of any products provided to you.

11.4

When you must pay and how you must pay. We accept payment via credit & debit cards (Visa & Mastercard) or BACS. You must pay in full for goods before we dispatch them, and for services before we start providing them. When your payment will be processed depends on how you bought products from us:

• 11.4.1 for sales through our web store, your payment will be processed immediately by our payment services provider before the order is passed to us.
• 11.4.2 for sales outside of our web store, we will not charge your credit or debit card until we dispatch the goods to you.

11.5

We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

11.6

What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

12. Our Respomsibility for Loss or Damage Suffered by You

12.1

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen, or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987

12.3

We are not liable for business losses. These terms and conditions only apply to consumer sales for the supply of products for domestic and private use. If you purchase products from us under these terms and conditions and use the products for any commercial, business, or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. How we may use Your Personal Information

13.1

How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

14. Other Important Terms

14.1

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

14.2

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

14.3

Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.4

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.5

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

14.6

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish, or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish, or the English courts.