Welcome to VirginPure.com
We, Virgin Pure (“VirginPure.com”, “we” or “us”), would ask that you take the time to read these Terms and Conditions carefully. They explain a number of things including, for example, the rules covering your use of this site as well as other information regarding your rights. By using www.virginpure.com, you’ll be confirming that you have read and understood and agree to these Terms and Conditions. These Terms and Conditions may change from time to time and, if they do, the up-to-date version will always be available on the VirginPure.com website. We will indicate at the top of these Terms and Conditions when they were last updated.
Please ensure that you check these Terms and Conditions regularly to view any changes which may have been made, because by continuing to use the site after these Terms and Conditions have changed, you will be confirming that you have read and understood, and agreed to be bound by, any revised Terms and Conditions.
Your Information and Privacy
Third Party Content
This site will contain some content which does not come from VirginPure.com, whether such content is posted by users or otherwise comes from anyone other than VirginPure.com (together, “Third Party Content”). Because of the open nature of the site, this Third Party Content is not approved by VirginPure.com. We have to state that any views expressed in such Third Party Content may not represent the views of VirginPure.com and that VirginPure.com shall not be responsible or liable for any Third Party Content or for the consequences of the use of it.
We will include on the site Third Party Content that is personal opinion and political or controversial in its nature. These views do not necessarily reflect the views of VirginPure.com and we cannot accept any responsibility for those views.
We may keep an eye on Third Party Content from time to time but please note that we have no obligation to police it. If we have any concerns, we may remove Third Party Content from the site with or without notice.
If you have any concerns about content appearing on this site, please contact us at email@example.com.
Our legal eagles have said that we need to include this paragraph which basically protects Virgin against people suing us for something bad happening:
In using this site you agree to indemnify and hold harmless VirginPure.com and all other Virgin companies, their subsidiaries and holding companies, the subsidiaries of their holding companies and each of their respective officers, directors, shareholders, employees, representatives and agents (and you shall continue to indemnify them and hold them harmless) in respect of all losses, liabilities, costs, claims, damages and demands suffered in connection with your conduct in using the site, your behaviour towards us, other Virgin companies, our and their representatives, other users, any breach of law, any breach of these Terms and Conditions or any breach of any third party’s rights.
All text, graphics, audio, video or image files, content, software, applications and information displayed on or available from this site, and all copyright, trade mark rights, design rights and other intellectual property rights in them (together, the “Proprietary Content”) are the property of VirginPure.com, other Virgin companies, our users, suppliers or licensors. This includes, without limitation, the organisation and lay-out of the site and the underlying software that is owned by us, other Virgin companies, our users, suppliers or licensors.
By using the site you’re agreeing that Proprietary Content is available for personal use only and that you will not copy, reproduce, publish, distribute or dispose of in any way any Proprietary Content. Neither the Virgin name nor any other Virgin company name, trade mark, logo or design may be used or copied in any manner.
Links to Other Sites
VirginPure.com contains links to other third party websites, resources, advertisements or sponsorships.
We reserve the right to remove a link at any time.
When using www.VirginPure.com, you may get pop-ups occasionally. We use these for many reasons, like competition entry forms and questionnaires to help us improve our service to you. Pop-up boxes from VirginPure.com are clearly marked with a heading from VirginPure.com.
You might also get pop-up ads from third parties. These may appear due to software you have installed, deliberately or unknowingly, on your computer. Unfortunately, VirginPure.com cannot control these pop-up boxes because they haven’t come from us.
If you have trouble using our website with certain web browsers or other software or if you want to let us know how we can improve accessibility, please let us know by emailing us at firstname.lastname@example.org. We appreciate your feedback and your suggestions will help us to improve our service to you.
Site information and downtime
This site may be unavailable occasionally for maintenance, updating or otherwise. Where this happens we apologise for any inconvenience caused. However, VirginPure.com shall not be liable for any loss, damages or inconvenience resulting from such unavailability.
At VirginPure.com we take great care in seeking to present accurate, transparent and useful information to you as a user. However, as an open platform there is content on this site which is not generated by us, for example Third Party Content, as described above. Therefore, we should let you know that information on this site might be out of date, incomplete, contain some errors or be in some way unreliable. Just to be sure, please check any information obtained from this site before acting upon it in any way.
Please note that we may make changes to the site, its functions and services from time to time.
Other Limitation of Liability
It is important to note that using the internet does have its dangers. Our aim is to ensure a fast, reliable and secure service and to protect your personal information. However we cannot take responsibility for:
any breach of security of www.VirginPure.com.
any damage, loss or corruption of any data, information or material.
any viruses or other malicious programs that may infect your computer equipment or other property.
any breach of security by hackers in relation to www.VirginPure.com.
VirginPure.com and the other Virgin companies won’t be liable for any special, indirect, incidental, consequential or economic loss (or for any exemplary or punitive damages) in connection with the use of www.VirginPure.com or any other site. The same applies for the employees, officers, directors, representatives and agents of VirginPure.com and/or the other Virgin companies. This paragraph only applies to the extent that it can in accordance with applicable laws.
Law and Jurisdiction
These Terms and Conditions and any dispute in relation to them are governed by English law and we reserve the right to bring proceedings in the courts in any location, the English courts or whichever forum we feel is appropriate.
As a user, the laws of your location may apply to your online dealings with www.VirginPure.com and you may have additional legal rights and/or obligations than those provided under English law. We always recommend that you should seek local legal advice, however we would encourage you to speak to us if you have any concerns to see if they can be resolved.
Other terms – a final word from our lawyers
If any provision or part of these Terms and Conditions is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of all of the other provisions and parts of these Terms and Conditions will not be impaired.
No failure or delay by VirginPure.com in exercising or enforcing any right, power or remedy which arises under these Terms and Conditions shall operate as a waiver of that or any other right, power or remedy. No waiver by VirginPure.com shall be effective unless in writing and signed by an authorised representative of VirginPure.com.
Membership Terms & Conditions
These Terms and Conditions (the “Terms”) form part of the Membership Agreement between Virgin Strauss Water UK Limited (“we”, “us”, “our”) and the customer (“you”, “your”) for the Virgin Pure Membership and the provision of the Equipment.
Please note the limits on our liability set out in Clause 15.
|Charges||the charges for the Virgin Pure Membership and the provision of Consumables and Services shown on the order or renewal confirmation;|
|Consumables||the filters and ultra-violet lamps required for the proper operation of the Equipment;|
|Equipment||the equipment shown on the Order Confirmation and all additions, replacements, renewals or substitutions of such equipment and all related accessories, manuals and instructions provided for it;|
|Membership Agreement||these Terms, together with the terms in the Order Confirmation, governing your Membership;|
|Installation Address||the address where the Equipment is to be installed will be shown on the Order Confirmation;|
|Minimum Membership Period||the period shown on the Order Confirmation starting upon installation of the equipment or the date of renewal;|
|Membership||the package of services as described in clauses 1 and 13 below;|
|Order Confirmation||the order confirmation emailed to you after you agree your purchase or renewal of Membership with us on the basis of the Membership Agreement|
|Services||the warranty, maintenance, engineer support and telephone support provided you during the Minimum Membership Period;|
|Working Day||this means Monday to Friday 9am-5pm except any bank or other public holidays in England and Wales.|
We provide a number of Membership types to suit your needs. These currently include:
(d) “Purchase and Purification”
2. Provision, ownership and cost of Equipment
Ownership of the Equipment shall not pass to you at any point and shall remain our property for the duration of and following expiry of the Membership Agreement. We are providing to you the Equipment free of charge for the Minimum Membership Period (and, if you wish to continue to use the Equipment after the Minimum Membership Period, for that period also) upon these Terms. For the avoidance of doubt this clause shall not apply where you have purchased the item of Equipment.
Ownership of the Equipment passes to you at the point of installation.
For the avoidance of doubt, there will be no provision of Equipment under this Membership.
(d) Purchase and Purification
Ownership for the Equipment passes to you at the point of installation. For the avoidance of doubt, payment in respect of the cost of ownership of the Equipment shall be attributed to payments made during the first 12 months of this contract, as further in clause 13.
3. Joining us – Minimum Criteria
3.1 Before you submit an order to join Virgin Pure and for the provision of the Equipment, you should check that the proposed Installation Address has a 13 amp power socket within 1.5 metres and accessible mains water supply within 15 metres of the Installation address. We will not be able to install the Equipment unless both of these conditions are met. If we cannot install the Equipment because these conditions are not met, we may cancel the Membership Agreement whereupon we will provide you with full refund of any payments you may have made to us.
3.3 All orders are subject to availability. If we are unable to supply you with the Equipment, we shall let you know as soon as possible and we provide you with a full refund of any payments you may have made and we will not process your order. We may offer you an alternative product or service of equal or greater quality and value which you may accept or refuse. If you choose to refuse any alternative product or service, we will offer a refund or replacement.
3.4 We accept orders from customers and deliver to Installation Addresses in mainland England, Scotland and Wales only. The images of the Equipment on our website and in any brochure are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours or the printed pictures accurately reflect the colour of the Equipment.
3.5 We may choose to install reconditioned (not new) Equipment, at our discretion.
4. Acceptance of orders and renewals
4.1 When you submit an order or renew a subscription with us, this does not mean that we have accepted your order or renewal nor does it guarantee that you will be offered a Membership and we reserve the right not to accept any order or renewal placed by you.4.2 You may place an order or renewal for Service or Purchase and Purification Memberships online, by telephone or in person. Orders for Purchase or WaterClub contracts or renewals can only be made over the telephone.
4.3 A binding contract between you and us shall be formed on our acceptance of your order or renewal, including verbal acceptance when making orders or renewal by phone.
4.4 If you place your order on the phone your order will be accepted at the time of the call. We shall then send you an email confirming your accepted order.
4.5 If you place your order through our website you will receive an email acknowledging your order. We will then contact you to arrange your installation of the equipment which is notification your order has been accepted.
4.6 If your order is not accepted we will contact you to arrange repayment of any charges made.
4.7 If you renew your subscription through our website you will receive an email notifying you of your renewal.
4.8 If you place your order or renewal using our telephone ordering service then during the call, we will collect the information needed to arrange your payments, by your chosen payment method, which will be either direct debit or debit/credit card. Please note, we will not be able to accept your order or renewal unless you have provided valid bank account/card details to allow for payment.
5. Changes to these Terms
5.1 We may revise these Terms from time to time as required to meet our changing business needs. We may revise these Terms at any time to comply with any changes in relevant laws and/or regulatory requirements.
5.2 If we have to revise these Terms after the Minimum Membership Period we will give you at least one month’s written notice of any changes to these Terms before they come into effect unless we are unable to do so where the change is required as a result of a change in relevant laws and/or regulatory requirements. All changes will also be posted on our website. If the changes are to your disadvantage and you do not want to accept the changes, you can choose to cancel the Membership Agreement in accordance with clause 11.3.
6. Changes to your Order
6.1 For Service, Purchase and Purchase and Purification customers, once you have placed your order, you can request a different model or colour of Equipment prior to installation of the Equipment by contacting us by email at email@example.com or on 020 7022 6471. Any request received prior to four days before installation shall be free of charge. For any request received four days or less before installation, we shall be entitled to make a charge of £60.
6.2 We reserve the right to refuse any request for a model change after installation, where a request for a model change is accepted we shall be entitled to charge a fee of £95.
6.3 If we are able to accommodate the requested change, this may affect the date the Equipment will be delivered and installed. We will provide you with a revised delivery and installation date. In such circumstances, it may be necessary to issue a new Membership Agreement which shall reflect your revised Equipment requirements and the relevant charges.
7. Delivery and Installation
7.1 Once we have received the order, we will contact you to arrange a date for our technicians to install the Equipment at the Installation Address.
7.2 Sometimes we may not be able to deliver and/or install the Equipment because of something beyond our reasonable control. Clause 16 sets out what we will do if this happens.
7.3 If you will not be present at the Installation Address on the date for installation, you will need to let us know at least one Working Day beforehand so that we can re-arrange another date to install. We reserve the right to charge a cancellation fee of £60 if you fail to inform us 24 hours in advance that you are unable to keep your appointment.
7.4 Delivery of your order will be complete once we have delivered and installed the Equipment at the Installation Address.
7.5 If Equipment is delivered to you before the arranged date for installation, you must not unpack, install or attempt to install the Equipment yourself.
7.6 If we are providing the Equipment to you free of charge under clause 2 of these Terms (i.e. for a Service Membership), it will be your responsibility and risk once we have delivered it to you. For Service Memberships, in accordance with clause 2 (a), ownership of the Equipment shall not pass to you at any point and shall remain our property for the duration of and following expiry of the Membership and nothing in these Terms should be interpreted as transferring title to the Equipment from us to you. If we are providing the Equipment to you by way of a Purchase or Purchase and Purification Membership, in accordance with clauses 2(b) and 2(d), ownership of the Equipment shall pass to you on installation. Responsibility and risk in the Equipment will pass to you once we have delivered it to you.
8. Your obligations
You agree to:
8.1 prepare (at your own cost) the proposed Installation address for installation of the Equipment
8.2 not attempt to install or modify the Equipment in any way;
8.3 not to alter, adapt or connect any other device to the connecting pipe work installed by us;
8.4 not to alter or adapt the Equipment;
8.5 change the filters and UV lamps and carry out the descaling process when due;
8.6 inform us of any changes to your personal contact details;
8.7 inform us as soon as is reasonably practical of any faults with the Equipment;
8.8 allow us all necessary access to the Equipment during normal business hours for the purpose of repairing the Equipment;
8.9 operate the Equipment in accordance with the “Ownership and Care Guide” provided to you by us on installation of the Equipment or any additional or replacement guides that we may tell you about during the term of the Membership, copies of which will be available for download from our website;
8.10 ensure that if we are providing the Equipment to you free of charge under clause 1 of these Terms, the Equipment remains identifiable at all times as being our property and wherever possible ensure that a visible sign to that effect is attached to the Equipment;
8.11 only use supplies or materials supplied or approved by us;
8.12 not to move or attempt to move the Equipment from the Installation Address without notifying us.
8.13 If you wish to move the Equipment to a new location, you shall notify us and we shall reinstall the Equipment on your behalf subject to these Terms and clause 12.7.3 in particular. We shall not be liable for any damage to the Equipment which results from your failure to comply with this clause.
9. Term and Renewal
9.1 The Membership shall commence on the date of the installation of the equipment or on the renewal of the subscription. It is subject to early termination in accordance with these Terms and shall remain in force for the Minimum Membership Period.
9.2 For Service and WaterClub Memberships, if you wish to cancel the Membership, you must notify us at least 10 days before the end of the Minimum Membership Period (or any subsequent Minimum Membership Period, if relevant). If you fail to do so, the Membership shall automatically renew for a further term equal to the length of the initial Minimum Membership Period and the revised Charges and Terms (if any) shall apply.
10. Your Cancellation Rights
10.1 All new Memberships are provided with a 30 day satisfaction guarantee. If you are not satisfied with the Equipment, our service or your Membership then you may cancel your Membership by providing notice to us within 30 days of installation (where Equipment is being provided and installed) or from the date the contract is concluded. If you cancel your Membership in this 30 day period all Charges already paid shall be refunded. For the avoidance of doubt this shall not include Service or WaterClub Memberships when they are renewed. Any installation fee shall not be refunded where installation has already taken place.
10.2 You may cancel any Membership on giving 30 days’ notice to us of your intention to cancel (in accordance with Clause 10.3 below). Cancellation is subject to payment of any outstanding Charges applicable to the remaining Minimum Membership Period. There will be no refunds or credits for partially used periods. To exercise the right to cancel under clauses 10.1 and 10.2, you must contact us by email at firstname.lastname@example.org or by telephone on 020 7022 6471.
10.3 You can terminate your subscription between us with immediate effect by giving us written notice if:
10.3.1. we breach this agreement in any material way and we do not correct or fix the situation within 30 calendar days of you asking us to in writing;
10.3.2. we go into liquidation or a receiver or an administrator is appointed over our assets;
after the Minimum Membership Period we change these Terms under clause 5.2 to your material disadvantage
10.4 Upon cancellation or termination by you, if we are providing the Equipment to you free of charge under clause 2 of these Terms, we will contact you to arrange collection of the Equipment and will arrange for it to be uninstalled within 30 Working Days from date of cancellation. You will provide full access to allow us to remove the Equipment.10.4 If you cancel the Membership as set out in clause 10.2 above and the Equipment has been delivered to you at the Installation address but not installed, you shall arrange for the Equipment to be returned to us (at your cost) or make it available for collection by us at our option, without delay.
10.5 If we are providing the Equipment to you free of charge under clause 2 of these Terms and you cancel or terminate the subscription and the Equipment has already been installed at the time of cancellation, we will arrange for one of our technicians to visit you to uninstall the Equipment. Our technicians will seek to make good any hole in the work surface left after the Equipment has been uninstalled. Our responsibility to you will be limited to ensuring that any hole is plugged. We will endeavour where possible to match the colour of your work surface but no guarantee is given as to any colour match. The non-return valve that we fit to your mains water supply when we install the Equipment will be put in the ‘off’ position. Subject to clause 15, we will not be responsible for any loss or damage you may suffer after we have uninstalled the Equipment.
We can terminate the Membership between you and us at any time if you:
10.6.1 do not pay us the Charges or any other sums you owe to us when you are supposed to under these Terms and fail to make such payment within 14 days of our notice to you; or
10.6.2 you materially breach the Membership Agreement in any other way and you do not correct or fix the situation within 30 calendar days of us asking you to in writing.
11. Consequences of termination
Upon termination of the Membership for any reason:
11.1 your Virgin Pure Membership shall automatically terminate; you shall return the Equipment to us in good condition (fair wear and tear excepted) allowing us or our representatives access to the premises where the Equipment is located for the purpose of removing the Equipment or delivering the Equipment to us at your cost; and
11.2 you shall pay all Charges and any other sums due up to the date of termination.
12. Virgin Pure Membership
12.1 Your Virgin Pure Membership will start on the day of installation of the Equipment and will continue until termination of the Membership.
12.2 Virgin Pure Membership entitles you to receive the services described in this clause 12 and we will make every effort to provide you with these services. Sometimes we may be prevented from providing a service because of something beyond our reasonable control. Clause 16 sets out what we will do if this happens.
12.3 We may also have to suspend one or more of the services if we have to deal with technical problems. Unless the problem is urgent or an emergency, we will contact you in advance to let you know when this occurs.
12.4 We may also suspend one or more of the services with immediate effect if you do not pay us any sums which you owe to us on the due date for payment until such time as we have received payment of the outstanding sums from you but without affecting our right to terminate the agreement between you and us in accordance with these Terms.
12.5 During the first 12 month period of the Membership and subject to you complying with the Membership Agreement we will:
12.5.1 install your first 6 month long-life filter and UV lamp at initial installation and
12.5.2 send you (by post) a new 6 month long life filter and descaling pod after 6 months
12.6 During the next 12 month period of the Membership and annually thereafter for the rest of the term of the Membership or renewed Membership (subject to you having paid all Charges due to us) we will:
12.6.1 send you a new UV lamp, 6 month long-life filter and descaling pod at the beginning of the 12 month period; and
12.6.2 send you a second 6 month long-life filter and descaling pod after six months.
12.7 During the term of the Membership and subject to you paying the Charges we will:
12.7.1 provide you with a telephone help line and support during our usual business hours
12.7.2 repair and/or replace any faulty Equipment supplied by us at the Installation address under Service or Purchase and Purification Membership unless such repair is as a result of misuse or mistreatment of the Equipment, is as a result of fair wear and tear or other damage caused to the Equipment by you or damage to internal or external parts caused by insects, or the equipment is infested by insects. If we choose to replace the Equipment we may do so with reconditioned (not new) Equipment, at our discretion. This does not extend to replacing external plastic parts of the Equipment or its casing that may require to be changed for aesthetic reasons;
12.7.3 reinstall the Equipment for you at a new location free of charge (residential customers only).
12.8 Any Consumables or other products ordered by you shall be sent to you 7 days after receipt of payment for such products.
12.9 Following the expiration of the Purchase and Purification contract, you can opt to purchase filters on a pay-as-you-go basis , or alternatively sign up to a direct debit for annual supplies.
12.10 At your request we may carry out inspections and repairs for work outside of the scope of the services offered by the Virgin Pure Membership such work is chargeable to you including technician call out charges.
12.11 We shall provide all services under the Virgin Pure Membership with reasonable care and skill.
12.10 If you require a repair to be made to the Equipment, please contact us by email at email@example.com or telephone our Customer Service team on 020 7022 6471. We will require you to run a series of checks on the Equipment and we shall attempt to rectify the fault over the phone. If following these checks, it is not possible to rectify the fault over the phone, we shall arrange for one of our technicians to visit and repair the Equipment. If during such a visit, the technician finds no fault with the Equipment, you shall be obliged to pay for the cost of the technicians visit. Subject to clauses 12.1 to 12.4, we shall endeavour to repair the Equipment within seven Working Days of you contacting us.
12.13 The services offered as part of your Virgin Pure Membership are in addition to your statutory legal rights in relation to the Equipment if it is faulty or not as described.
13. Charges and Payment
13.1 By starting your Virgin Pure Membership you agree for us to charge you a monthly membership fee at the then current rate. You will be charged at the beginning of each month’s membership by the payment method you have chosen except for the first month which will be taken at time of order. This will continue until you cancel as per clause 10.
13.2 You shall pay the Charges as specified in the Membership Agreement, such Charges being payable on the date set out in the Membership Agreement.
13.3 The Charges shall include the cost of delivery and installation of the Equipment
13.4 The Charges shall include VAT.
13.5 We reserve the right to charge you an administration fee of £20 for each failed payment.
13.6 If you pay us by direct debit you authorise us to collect the sums owed by you to us from your designated bank account for the agreed period of time.
13.7 In relation to the Purchase and Purification Memberships, subject to any change in Charges (in accordance with these Terms):
13.7.1 the Charges payable during months 1-12 of the Minimum Membership Period shall be attributable solely to the cost of ownership of the Equipment in accordance with clause 2(d);
13.7.2 the monthly payments made during months 13-24 of the Minimum Membership Period shall be attributable solely to the cost of the Consumables and Services.
13.8 We reserve the right to increase the Charges from time to time and will notify you if we do so under clause 5. With the exception of increases to the Charges which are necessary due to a change in the rate of VAT or an event outside of our control, increases in the Charges will not apply to you in the Minimum Membership Period however if you agree to a renewal term, you shall be subject to the revised Charges
14. Overdue Payments
14.1. You must pay all sums due to us from you by the due date for payment, or by any other date that we may agree with you. We have the right to charge interest at the rate of 3% per year above the base lending rate of HSBC Bank Plc, on all overdue amounts. This interest will be calculated on a daily basis from the due date until the date of payment. We reserve the right to make a reasonable charge for our reasonable administration and legal costs which result from recovering overdue sums owed to us by you.
14.2. If you fail to pay us any sums when due we have the right to demand or collect payment of all outstanding amounts owing to us which shall then fall due for payment within 7 days after our written request notifying you that payment of all outstanding amounts are due. Overdue accounts will be escalated through our debt collection and, where necessary, legal channels. Such activity can affect your credit rating.
15. Liability – PLEASE READ CAREFULLY
15.1 The Equipment is supplied for domestic and business use. We shall not be liable for any losses relating to any business of yours, for example, lost revenue, income or profits or any interruption to your business.
15.2 You have legal rights if the Equipment or items that make up a purification supplies pack are faulty, or if it is not as we have described, or if the services provided as part of the Virgin Pure Membership were not carried out with reasonable skill and care. Further information and advice about these legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
15.3 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our non-compliance or negligence. This means we will be responsible for any loss or damage if it was an obvious consequence of our non-compliance or if we knew that such loss or damage may result from our non-compliance at the time of entering into this contract.
15.4 Subject to clause 15.7, we will not be liable for any loss or damage suffered by any person who does not operate the Equipment in accordance with the Ownership and Care Guide provided to you on installation, or any replacement guides.
15.5 When we install the Equipment you agree that we will carry out the necessary work as part of the normal installation procedure. We will make good any damage to your property caused by us in the course of installing the Equipment and/or providing the services provided as part of the Virgin Pure Membership. This does not include work that alters any part of your property as part of the normal installation procedure (e.g. if we need to drill a hole in a worktop to install the Equipment). We shall not be responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation and/or performance of the services.
15.6 We guarantee that the valves and pipework we install connecting your mains water supply to the Equipment will be free from defects in workmanship and for a period of 12 months from the Installation date. Subject to clause 15.7 we will not be liable for any loss or damage suffered by any person with respect to faulty valves, pipework, or workmanship if:
- a period of twelve months has passed from the date of installation of the Equipment or,
- a period of one month has passed from removal of the Equipment
- a fault arises due to willful damage, abnormal working conditions, failure to follow instructions, misuse, alteration or unauthorised repair, improper maintenance or negligence on the part of you or a third party
15.7 We do not exclude or limit in any way our liability for:
15.7.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
15.7.2 fraud or misrepresentation;
15.7.3 breach of the terms implied by section 31 (goods) and section 57 (services) of the Consumer Rights Act 2015 ; and
15.7.4 defective products under the Consumer Protection Act 1987.
15.7.5 Our maximum liability to you shall be £100,000 except with respect to any liability under clause 15.7 in which case our liability to you is unlimited.
15.8 Nothing in these Terms will affect your legal rights.
16. Things beyond our reasonable control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Membership Agreement that is caused by an event beyond our reasonable control (such as strikes, lock-outs or other industrial action by third parties, civil disorder, acts of terrorism, war, epidemics, exceptionally severe weather, fire, explosions or acts or omissions of others for whom we are not responsible).
16.2 If an event beyond our reasonable control takes place that affects the performance of our obligations under the Membership Agreement we will contact you as soon as reasonably possible. The performance of our obligations will be suspended during the duration of the event and we shall either redeliver or re-start the performance of our obligations as soon as is reasonably possible after the event is over. You are not required to pay any sums which fall due during any period of suspension but this does not affect payment of sums which fell due prior to this date which you must still pay us.
16.3 You may cancel the Membership with us without liability if an event beyond our reasonable control takes place and we are unable to provide you with the services under your Virgin Pure Membership. If you do we will refund you any Charges you may have paid in advance for services that have yet to be performed.
16.4 We may have to cancel the Membership before the installation of the Equipment due to an event beyond our reasonable control or the unavailability of the Equipment, or any of the items that make up your water purification supplies or technicians to install the Equipment. We will let you know as soon as possible if this happens. If we cancel the Membership under this clause 16.4 we will refund you any payments you have made in advance for the Equipment and/or the Virgin Pure Membership.
16.5 If we have to stop providing you with any or all of the Virgin Pure Membership services we will provide you with at least 30 calendar days’ prior notice in writing and you or we have the right to terminate the Membership between you and us. On such termination we will refund you any Charges paid in advance but we will not refund any Charges you have paid for services or Equipment usage which you have already benefited from.
17. Contact details
17.1 Our registered office address is Virgin Strauss Water UK Limited, Oval Office, 11-12 The Oval, London E2 9DT. Company registration number 4880825. VAT Number GB 832101383.
17.2 If you have any questions or wish to provide feedback or make a complaint, please contact our Customer Service team on 020 7022 6471 or by e-mailing us at firstname.lastname@example.org. In case the case of urgent, Priority 1, complaints we will make best efforts to reply within 3 days. In the case of non urgent, Priority 2, complaints we will make best efforts to reply within 7 days. Details of Virgin Pure Complaints Procedure are available on request. If we cannot resolve any complaints relating to the Virgin Pure Membership services between us, if you are a customer within the EU you have the right to submit your complaint through the Online Dispute Resolution platform at http://ec.europa.eu/odr for resolution.
17.3 Any type of notice relating to the Membership Agreement must be in writing and delivered by email, by hand or sent by pre-paid post to us at the address shown on the front of these Terms.
18.3 For the purpose of the Data Protection Act 1998 (the “Act”) as may be amended, superseded or replaced from time to time, the data controller is Virgin Strauss Water UK Ltd, The Oval Office, 11-12 The Oval, London E2 9DT. Our nominated representative for the purpose of the Act is Thomas Stazicker.
18.4 Any questions, queries or comments related to this policy should be addressed to us at email@example.com.
18.5 If the personal data we hold about you is incorrect please tell us so we can keep your records up to date. In particular, should you move home during your Virgin Pure Membership you agree to inform us of your new address without delay.
18.6 We may collect the following personal data about you:
18.6.1 information you provide when placing an order with us, for example billing and delivery address details, telephone numbers, credit card or other payment information;
18.6.2 Information you provide if you contact us (we may keep a record of that correspondence);
18.6.3 information you provide if you respond to any of the surveys we issue for research purposes. You are not obliged to respond to these surveys;
18.6.4 records of transactions you carry out through our website and of the fulfilment of your orders;
18.6.5 details of your visits to our website (collected via cookies) including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access;
18.6.6 information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual; and
18.6.7 information about you from third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies).
18.7 We use personal data held about you in the following ways:
18.7.1 to fulfil orders which you have placed with us;
18.7.2 to carry out credit checks and confirm your identity where we are providing relevant goods or services to you (for example, we may credit check you before agreeing to provide consumer credit or if you fail to make payments in accordance with these Terms);
18.7.3 to ensure that content from our website is presented in the most effective manner for you and for your computer;
18.7.4 to carry out our obligations arising from any contracts entered into between you and us;
18.7.5 to allow you to participate in interactive features of our service, when you choose to do so;
18.7.6 to notify you about changes to our service;
18.7.7 to provide you with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer we will contact you by electronic means only if you have consented to this by ticking the relevant box. If you do not want us to use your data in this way please do not tick the relevant box situated on the form on which we collect your data.
18.8 Other than when we need to use your data to fulfil order(s) you have placed with us or to perform our contract with you, you can ask us to stop contacting you at any time by taking one of the steps set out at Clause 18.16.
18.9All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to us or our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access to that information.
18.10 We do not share your information with third parties for marketing of their products or services.
18.11 We may disclose your personal data to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries. Any transfers of your personal data outside of the EEA will be made in accordance with all applicable data protection requirements.
18.12 Where necessary to provide you with the Equipment or the Virgin Pure Membership we may share your information with our selected business partners.
18.13 We will provide your information to credit reference agencies in order for credit checks to be carried out where we are providing relevant goods or services to you.
18.14 It may be necessary for us to disclose your personal data to third parties in the following circumstances:
18.14.1 where we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
18.14.2 if we are under a duty to disclose or share your personal data in order to comply with any legal obligation or to protect the rights, property, or safety of Virgin Strauss Water UK Ltd, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection.
18.15 When we share your information with selected third parties they will process your information as either a data controller or as our data processor and this will depend on the purpose of our sharing your personal data. We will only share your personal data in compliance with the applicable data protection legislation. A list of our selected third parties with whom we may share your information is available by contacting us at firstname.lastname@example.org.
18.16 You have the right to:
18.16.1 ask us not to process your personal data for marketing purposes. Even if you have accepted the processing of your personal data for marketing purposes (by ticking the relevant box), you have the right to ask us to stop processing your personal data for such purposes. You can exercise the right at any time by following the ‘unsubscribe’ link found in our communications or by contacting us at email@example.com;
18.16.2 access , rectify, object to, restrict or cancel the processing of the information we hold about you. You may also request a copy of your personal data in a commonly used format and a transfer of your personal data to another data controller. You can exercise these rights at any time by contacting us at firstname.lastname@example.org.
18.17 We will store your data for as long as it is necessary for us to keep it.
18.18 Our website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
19.1 If either we chose not to, or delay in, enforcing any right or remedy under the Membership Agreement this will not be a waiver of those rights or remedies and you will still have to comply with your obligations under the Membership Agreement.
19.2 You may not transfer the Membership to anyone else. We can transfer our rights and obligations under this contract (including ownership of the Equipment), on the same terms, to another organisation but this will not affect your rights or our obligations under these Terms.
19.3 This contract is between you and us. No other person shall have any rights to enforce any of these Terms.
19.4 Each of the clauses of these Terms, or parts thereof, 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.
19.5 The Membership Agreement incorporates all the terms agreed between us and may only be varied by a document signed by both of us.
19.6 The Membership Agreement shall be governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the English courts.
20. Promotional Terms and Conditions
We may make promotional offers from time to time. If any Membership Agreement is explicitly entered into on the basis of a promotional offer then these Terms shall be subject to the terms and conditions applying to that specific promotional offer.
Months off promotion Terms and Conditions
- “Months off” shall mean months credited off the monthly membership fee specified in their Order Confirmation when commencing a Service, WaterClub or Purchase and Purification Membership. If you have signed up to a Months Off promotion:
- Your Months Off shall commence with your Virgin Pure Membership on the day of installation of the Equipment.
- You will not be charged a monthly membership fee for the duration of your Months Off.
- We reserve the right to change the Offer at any time during or after the promotion.
- The promotion is not open to Virgin Pure employees.
- This offer cannot be used in conjunction with any other offer, trial or months off promotion.
- There is no cash alternative to this promotion.