TERMS AND CONDITIONS
Welcome to the pumpworld.co.uk website Terms and Conditions for use. These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this website.
TERMS OF USE
AGREEMENT BETWEEN USER AND Pump World
The Pump World Web Site is comprised of various Web pages operated by Pump World.
The Pump World Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Pump World Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Pump World reserves the right to change the terms, conditions, and notices under which the Pump World Web Site is offered, including but not limited to the charges associated with the use of the Pump World Web Site.
LINKS TO THIRD PARTY SITES
The Pump World Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Pump World and Pump World is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pump World is not responsible for webcasting or any other form of transmission received from any Linked Site. Pump World is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pump World of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Pump World Web Site, you warrant to Pump World that you will not use the Pump World Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Pump World Web Site in any manner which could damage, disable, overburden, or impair the Pump World Web Site or interfere with any other party's use and enjoyment of the Pump World Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Pump World Web Sites.
USE OF COMMUNICATION SERVICES
The Pump World Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Pump World has no obligation to monitor the Communication Services. However, Pump World reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Pump World reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Pump World reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pump World's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Pump World does not control or endorse the content, messages or information found in any Communication Service and, therefore, Pump World specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Pump World spokespersons, and their views do not necessarily reflect those of Pump World.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Pump World OR POSTED AT ANY Pump World WEB SITE
Pump World does not claim ownership of the materials you provide to Pump World (including feedback and suggestions) or post, upload, input or submit to any Pump World Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Pump World, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Pump World is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Pump World's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Pump World WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Pump World AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Pump World WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Pump World WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Pump World AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Pump World WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Pump World AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Pump World AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Pump World WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Pump World WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Pump World WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Pump World WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Pump World OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Pump World WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Pump World WEB SITE.
SERVICE CONTACT : nigel@pumpworld.co.uk
TERMINATION/ACCESS RESTRICTION
Pump World reserves the right, in its sole discretion, to terminate your access to the Pump World Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Pump World Web Site. Use of the Pump World Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pump World as a result of this agreement or use of the Pump World Web Site. Pump World's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pump World's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Pump World Web Site or information provided to or gathered by Pump World with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pump World with respect to the Pump World Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pump World with respect to the Pump World Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Pump World Web Site are: Copyright 2012 Digital Trading Creative Ltd and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
PURCHASE OF PRODUCTS
This agreement applies as between you, the User of this Web Site and the Owner of this website, Pump World Ltd, Unit 11, Woodside Rd, South Marston Park, Swindon, Wiltshire, SN3 4WA. Company Registration 2433506.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon delivery of the goods to you. The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order.
1. Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
2. Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business.
3. International Customers
International customers will need to contact us regarding the shipping and packaging costs. The charges shown on the site are based on UK mainland destinations.
If Goods are being ordered from outside Pump World’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Pump World is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Pump World cannot guarantee that the packaging of your Goods will be free of signs of tampering.
4. Accounts
4.1 In order to purchase Goods on this Web Site you may create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
4.1.1 all information you submit is accurate and truthful;
4.1.2 you have permission to submit Payment Information where permission may be required; and
4.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
4.2 It is recommended that you do not share your Account details, particularly your username and password. Pump World accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
4.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Pump World immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Pump World accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
4.4 When choosing your username you are required to adhere to the terms set out above. Any failure to do so could result in the suspension and/or deletion of your Account.
5. Termination and Cancellation
5.1 Either Pump World or you may terminate your Account. If Pump World terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
5.2 If Pump World terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
5.3 Pump World reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
5.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
5.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
6. Goods, Pricing and Availability
6.1 Whilst every effort has been made to ensure that all graphical representations and deions of Goods available from Pump World correspond to the actual Goods, Pump World is not responsible for any variations from these deions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 8.1 for incorrect Goods.
6.2 Where appropriate, you may be required to select the required model of the Goods that you are purchasing.
6.3 Pump World does not represent or warrant that such Goods will be available. Stock indications are provided on the Web Site however these may not take into account sales that have taken place during your visit to the web site at the time of going online. Pump World reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
6.4 In the event that prices are changed during the period between an order being placed for Goods and Pump World processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
6.5 All prices on the Web Site do include VAT at the current rate. Pump World’s VAT number is GB535638919
7.Delivery
7.1 Pump World will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
7.2 If Pump World receives no communication from you, within 24 hours of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
7.3 Pump World primarily supplies to main land Great Britian. Customers outside the mainland wishing to purchase from the web site should send an email to enquiries@pumpsource.co.uk giving their full address and details of their proposed purchases so that we can estimate the most cost effective way of sending the goods.
8. Returns Policy
Pump World aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
8.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return. Pump World is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
8.2 If any Goods you have purchased have faults when they are delivered to you, you should contact Pump World within 7 days to arrange collection and return. Pump World is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
8.3 If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.
8.4 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Pump World within 24 hours and arrange collection and return. Pump World is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
8.5 You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 7 days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to Pump World within 7 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Pump World. There may be a restocking charge of 25% if the goods returned are not "as new". You are responsible for paying shipment costs if Goods are returned for this reason.
8.6 If you wish to return Goods to Pump World for any of the above reasons, please contact us using the details on our Contact Page to make the appropriate arrangements.
8.7 Pump World reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
8.7.1 Any use that you may have already had out of the Goods
8.7.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
8.7.3 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
9. Disclaimers
9.1 Pump World makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
9.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
9.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
10. Changes to the Service and these Terms and Conditions
Pump World reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Pump World is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
GENERAL
1. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Pump World accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
2. Limitation of Liability
2.1 To the maximum extent permitted by law, Pump Source accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
2.2 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
3. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
4. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
5. Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to enquiries@pumpworld.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
6. Law and Jurisdiction
These terms and conditions and the relationship between you and Pump World shall be governed by and construed in accordance with the Law of England and Wales and Pump World and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.