Sales Terms and Conditions

SALE TERMS AND CONDITIONS

(Effective for orders placed on or after 5 October 2023)

We, Virgin Pure (“VirginPure.com”, “we” or “us”), would ask that you take the time to read these Sale Terms and Conditions (“Terms”) carefully. These Terms apply to the purchase of a water system, consumables and services from us. When you make a purchase from us, a contract will be formed between us and you and these Terms will apply to that contract. Please note that the water systems we sell are for domestic use only and not for business use.

These Terms may change from time to time and, if they do, the latest version will always be available on the Website. We will indicate at the top of these Terms when they were last updated. Please ensure you check these Terms regularly to view any changes which may have been made.

If you have any queries regarding these Terms, your order or your contract with us, please contact us using the contact details set out in clause 16 below. If you wish to sign up to our subscription plan (hire agreement) for a water system, our Hire Terms & Conditions will govern that agreement and not these Terms. Please note that any membership purchased prior to 3 October 2023 will be subject to our previous Terms and Conditions Membership & Purchase Pre 4th October 2023.

Please note the limits on our liability set out in clause 13.

Nothing in these Terms affects your legal rights as a consumer.

Below is a summary of some of your key rights:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods or, in respect of services, 14 days from the date of your order confirmation, in most cases, you can change your mind and get a full refund.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods you are entitled to the following:

• • up to 30 days: if your goods are faulty, you can get a refund;
• • up to six months: if it can't be repaired or replaced, then you are entitled to a full refund in most cases;
• • up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.

Services must be provided with reasonable care and skill and if we provide installation services, the goods must be installed correctly. If a service is not carried out with reasonable skill and care, you can ask us to repeat the service, fix it or get some money back if we cannot fix it.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133. The information in this summary box summarises some of your key rights. It is not intended to replace the terms and conditions below, which you should read carefully.

These Terms set out:

• • your legal rights and responsibilities;
• • our legal rights and responsibilities; and
• • certain key information required by law.

Who are we?

We are a company registered in England and Wales under company number: 04880825.

Our registered office is at: 79-81 Paul Street, London, EC2A 4NQ

Our head office is at: 79-81 Paul Street, London, EC2A 4NQ

Our VAT number is: GB 832101383.

Virgin Strauss Water UK Limited is registered with the FCA under number 10003339 and is an Appointed Representative meaning that it can carry out certain regulated business on behalf of a Principal firm.

1. 1. INTERPRETATION

   The following definitions and rules of interpretation apply in these Terms:

   Charges: the charges for the Goods or Services (as relevant) to be paid by you to us as set out in the Order Confirmation;

   Consumables: any consumables as described on the Website or otherwise notified to you by phone and available to purchase or purchased by you as set out in the Order Confirmation;

   Delivery: the transfer of physical possession of the Goods to you at the Delivery Address;

   Delivery Address: the address set out in the Order Confirmation where the Water System will be delivered and installed by us;

   Goods: any physical goods purchased by you from us which may be the Water System and/or Consumables;

   Installation: the date of completion of the installation of the Water System at the Delivery Address by us;

   Installation Date: the date for installation of the Water System selected by you and confirmed by us by email as referred to in clause 6.1;

   Installation Fee: the installation fee set out in the Order Confirmation and payable by you for installation of the Water System at the Delivery Address;

   Instructions: any manuals and operating, safety and usage instructions for use of the Water System provided by us, including the ownership and care guide provided by us on installation of the Water System or any additional or replacement guides that we may tell you about, copies of which are available for download from the Website;

   Order: an order for Goods or Services (as relevant) submitted to us by you via the Website or by phone;

   Order Confirmation: the order confirmation emailed (or otherwise provided) to you by us confirming the details of your Order;

   Services: the engineer call out service or such other service as we offer from time to time;

   Terms: these Terms and Conditions, as amended from time to time;

   You/your: is the person placing an order with us via the Website or by phone;

   Warranty: an initial 12 month warranty for the Water System as described in clause 12;

   Water System: the home water system detailed in the Order Confirmation and all additions, replacements, renewals or substitutions of the same and all related accessories);

   Website: the Virgin Pure website located at https://virginpure.com.

2. 2. CHANGES TO THESE TERMS
   
   1. 2.1 We may change these Terms from time to time as required to meet our changing business needs or to comply with any changes in relevant laws and/or regulatory requirements. Any changes to these Terms will be posted on the Website.
   2. 2.2 These Terms apply in addition to our Website Terms of Use and other terms and conditions, notices, policies or Instructions which we make available on the Website or provide to you which are incorporated by reference into these Terms.
3. 3. ORDERS
   
   1. 3.1 Please check your Order carefully and correct any errors before you submit it to us. If you wish to make any changes to your Order once placed, please contact us and we will advise you as to whether the changes are possible.
   2. 3.2 You may place an order on the Website or by phone. When you place an Order with us via the Website or by phone this is an offer by you to purchase the items described in the Order which we are free to accept or decline. Any Order placed by you must meet the Order Criteria set out in clause 4 below.
   3. 3.3 If you place an Order via the Website, we may send you an order acknowledgement once your Order is placed and an Order Confirmation setting out details of the items you have ordered.
   4. 3.4 Acceptance of your Order placed via the Website or by phone, takes place when we send you an Order Confirmation at which point a legally binding contract is formed between you and us on these Terms.
   5. 3.5 If you place your Order by phone then during the call, we will collect the information needed to arrange payment. Please note that we will not be able to accept your Order unless you have provided a valid address, phone number, card details and, where applicable, bank details to allow for payment.
   6. 3.6 All Orders are subject to availability, and we reserve the right not to accept any Order. If we are unable to accept your Order, we will inform you of this in writing or by phone and will not charge you. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Goods or Services or because we are unable to meet a delivery or installation deadline you have specified. If your Order is not accepted by us, we will contact you to arrange repayment of any sums already paid by you (excluding any Installation Fee that we are not liable to refund to you in the circumstances set out in clauses 6.5 and 6.6) and we will cancel the Order.
4. 4. ORDER CRITERIA AND DESCRIPTIONS
   
   1. 4.1 Before you place an order for a Water System, you should check that the proposed Delivery Address has a 13-amp power socket within 1.5 metres and accessible mains water supply within 15 metres of where you wish the Water System to be located at the Delivery Address. We will not be able to install the Water System unless both of these conditions are met. If we attend the property at the Delivery Address to install the Water System but our engineer discovers that they cannot install the Water System because these conditions are not met, we may cancel the Order and no refund of the Installation Fee will be made as compensation.
   2. 4.2 By submitting an Order, you confirm that:
      1. 4.2.1 you own the property at the Delivery Address or have the permission of the owner of the property at the Delivery Address to have the Water System installed. We will not be responsible for any damage to the property caused by us in the course of installing the Water System if either of these conditions is not met;
      2. 4.2.2 the Delivery Address is in mainland England, Scotland and Wales only which excludes any of the islands. We will only deliver the Goods to, and install the Water System at, an address in mainland England, Scotland and Wales; and
      3. 4.2.3 you are over 18 years of age.
   3. 4.3 The images of the Water Systems on the 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 the display of the colours or the printed pictures accurately reflect the colour of the Water Systems and the colours may vary depending on what device you are using and your settings. Descriptions of the Water Systems are set out on the Website. Please read these carefully.
5. 5. CHARGES AND PAYMENT
   
   1. 5.1 The charges for the Goods and Services and any other items that may be offered by us from time to time are as set out on the Website or as otherwise notified to you by us and include VAT at the applicable rate. The charges include the cost of delivery unless stated otherwise on the Website or by us.
   2. 5.2 Payment of the Charges by you can be made by the payment methods described on the Website or notified to you by phone.
   3. 5.3 If you purchase a Water System from us, this must be installed by us and an Installation Fee is payable in addition to the price of the Water System. Please note that if the Water System is not installed by us, this may invalidate the Warranty that is provided with the Water System. This does not affect your legal rights as set out above.
   4. 5.4 You will be required to pay the Installation Fee either in full or in interest free instalments as detailed on the Website. No installation of the Water System will be carried out unless and until we have received payment in full of the Installation Fee or confirmation from our third party payment provider that your instalment payments are set up.
   5. 5.5 We reserve the right to increase all charges from time to time.
   6. 5.6 If we are unable to take payment from your card, we will try to contact you using the contact details you provided when you placed the Order. If we are unable to contact you, we will cancel the Order and notify you by email or phone.
6. 6. DELIVERY AND INSTALLATION
   
   1. 6.1 Delivery and installation of the Water System shall be made by us at the Delivery Address. After placing your Order, we will ask you to select your preferred installation date for the Water System from the available dates. Any installation date selected by you will only be booked when confirmed by email by us (“Installation Date”). The Water System will not be delivered to you prior to installation and will be brought to the Delivery Address by our engineer on the Installation Date. There might be circumstances where, due to your location or some other reason, we will send the Water System to you in advance, but this will only be where we notify you. If the Water System is delivered to you in advance, you must not unpack, install or attempt to install it by yourself.
   2. 6.2 We shall use reasonable endeavours to install the Water System without undue delay on the Installation Date, however, the Installation Date is not guaranteed and sometimes we may not be able to deliver and/or install the Water System due to something beyond our reasonable control which affects delivery and/or installation.
   3. 6.3 You shall procure that an authorised person over the age of 18 who has your authority to grant us access and allow the installation shall be present at the Delivery Address on the Installation Date and you shall prepare (at your own cost) the Delivery Address for installation of the Water System.
   4. 6.4 Acceptance of installation by such authorised person referred to in clause 6.3 shall constitute conclusive evidence that you have examined the Water System and found it to be in good condition, complete and fit in every way for the purpose for which it is intended. If required by us, your duly authorised person shall sign a receipt confirming such acceptance. Nothing in this clause affects your legal rights or your other rights set out in these Terms.
   5. 6.5 If there will be no one at the Delivery Address on the Installation Date meeting the requirements of clause 6.3, you must notify us (by phone) by midday on the last working day before the Installation Date so that an alternative date can be arranged. For example, if the Installation Date is booked for a Monday, you must let us know by midday on Friday if no one will be available to be there to accept delivery and installation. If you fail to notify us within the required timescale, you will be charged a further Installation Fee if installation is re-arranged, and there will be no refund of the Installation Fee already paid by you, irrespective of whether or not you re-arrange installation.
   6. 6.6 If there is no one at the Delivery Address who is competent to accept delivery and installation of the Water System when we arrive on the Installation Date (including as required under clause 6.3) or we are otherwise unable to install the Water System (other than in the circumstances set out in clause 6.7 below), you will need to contact us to arrange an alternative date for installation. You will be charged a further Installation Fee if installation is re-arranged, and there will be no refund of the Installation Fee already paid by you.
   7. 6.7 If we are unable to install the Water System due to a water pressure or engineer fault, we will refund the Installation Fee in full (excluding any Installation Fee that we are not liable to refund to you in the circumstances set out in clauses 6.5 and 6.6).
   8. 6.8 House Moves: If you wish to move the Water System to an alternative address following initial installation, re-installation at an alternative address can be provided at our then current installation fee as notified to you on request. Please note that you will be responsible for disconnecting the Water System and for transporting the Water System to the new address whilst at all times ensuring that these Terms (including Your Responsibilities set out in clause 8) are complied with. We shall not be liable for any damage caused to the Water System during disconnection, transit or installation (if not carried out by us).
7. 7. TITLE AND RISK
   
   1. 7.1 Title in the Goods will pass to you on Delivery unless any payment for the Goods remains outstanding in which case title to the Goods will only pass to you once payment has been made and received by us in full.
   2. 7.2 The risk of loss, theft, damage or destruction of the Water System shall pass to you on Installation at the Delivery Address or on Delivery (if this is earlier). The risk of loss, theft, damage or destruction of the Consumables shall pass to you on Delivery.
8. 8. YOUR RESPONSIBILITIES
   
   1. 8.1 You acknowledge that we shall not be responsible for any loss of, or damage to, the Goods arising out of or in connection with any negligence, misuse, mishandling of the Water System or otherwise caused by you.
   2. 8.2 Where you purchase a Water System, you shall:
      1. 8.2.1 keep and operate the Water System in a suitable environment, use it only for the purposes for which it is designed and in accordance with the Instructions;
      2. 8.2.2 only use with the Water System with the Consumables (including the de-scaler) supplied by us;
      3. 8.2.3 not alter, adapt or connect any other device to the connecting pipe work installed by us;
      4. 8.2.4 not alter or adapt the Water System and not remove any existing component(s) from the Water System;
      5. 8.2.5 not attempt to install or modify the Water System in any way;
      6. 8.2.6 change the filters and UV lamps and carry out the descaling process when due every 6 months or at such frequency as otherwise specified by us;
      7. 8.2.7 inform us as soon as is reasonably practical of any faults with the Water System that arise during the period of the Warranty;
      8. 8.2.8 allow us all necessary access to the Water System for the purpose of repairing the Water System (where required under the Warranty or at your request upon payment of the relevant charge) and ensure that an authorised person over the age of 18 who has your authority to grant us access is present at the time arranged for us to carry out the repair. Please note that if we are unable to access the Water System to carry out the repair at the stipulated time as a result of your failure to comply with this requirement, we will charge you for any subsequent visit by our engineer to carry out the repair at our then standard rates;
      9. 8.2.9 take such steps (including compliance with all Instructions) as may be necessary to ensure, so far as is reasonably practicable, that the Water System is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
9. 9. ASBESTOS
   
   1. 9.1 You shall be responsible for ensuring that the location where the Water System is to be installed is safe and free from asbestos content and other hazardous or toxic substances. We reserve the right to refuse to install the Water System at any location that we determine to be unsafe.
   2. 9.2 If a new Installation Date needs to be arranged due to the location being unsafe, as determined by us at our sole discretion, you will be charged a further Installation Fee for the new Installation Date, and there will be no refund of the Installation Fee already paid by you.
10. 10. CANCELLATION
    
    1. 10.1 You have the right to cancel your Order under the Consumer Contracts Regulations 2013 and obtain a refund of amounts paid by you under that Order (but excluding any Installation Fee that we are not liable to refund to you in the circumstances set out in clauses 6.5 and 6.6):
       1. 10.1.1 in respect of an Order for Goods, up to 14 days after you receive the Goods subject to clauses 10.4.1 and 10.5; and
       2. 10.1.2 in respect of an Order for Services, up to 14 days from the date of the Order Confirmation unless you have requested us to start providing the Services during the 14-day cancellation period and the Services are fully performed during this period subject to clause 10.4.2.
       3. This is known as the ‘Cooling Off Period’. For more information, visit www.citizensadvice.org.uk .
    2. 10.2 We also provide you with a 30 day satisfaction guarantee for the Water System and, notwithstanding your legal cancellation rights referred to in clause 10.1, you can return the Water System for any reason within the 30 day period from Installation and obtain a refund of all amounts paid by you under the Order (including the Installation Fee and any Charges for the Consumables but excluding any Installation Fee that we are not liable to refund to you in the circumstances set out in clauses 6.5 and 6.6) subject to clauses 10.4.1 and 10.5 below. Please note that the 30 day satisfaction guarantee does not apply to Consumables.
    3. 10.3 If you wish to exercise your rights under clause 10.1 or 10.2, you must notify us by telephone using the contact details set out in clause 16 or by using the cancellation form available here and sending it to us by email to the email address set out in clause 16. You will still need to phone us to arrange for collection of the Water System if this is being returned. If you have received the Goods, you must return them or make them available for collection (in the case of the Water System) within the relevant time period set out below and meeting the requirements of clause 10.5. The method for returns differs for Consumables and the Water System:
       1. 10.3.1 Consumables: You are responsible for returning any Consumables to us. You must return the Consumables (if already received) within 14 days of telling us that you want to cancel your Order. The deadline is met if you send the Consumables back to us before the 14 day period has expired. The Consumables should be returned by at your cost Royal Mail Signed For post to the following address:

          Virgin Pure Customer Returns
          Prolog Fulfilment
          Phase 1, Little Oak Drive
          Sherwood Park
          Annesley
          Nottingham NG15 0DJ
          Please retain proof of postage. Unless the Consumables are faulty or misdescribed, you are responsible for the cost of returning the Consumables to us.

       2. 10.3.2 Water System: We will arrange collection of the Water System from you. We will notify you of the available slots for collection and agree a mutually available time with you for collection unless we agree an alternative method for return with you. Final cancellation of the Order is subject to you providing us with full access to allow us to uninstall and remove the Water System within 30 working days from date of receipt of your notice that you wish to cancel or return the Water System or you otherwise returning the Water System to us where this has been agreed by us and you complying with our instructions for return.
       3. If you do not comply with the provisions of this clause, you may not be entitled to receive a refund of any sums paid by you. We will make any refunds to you as soon as possible. If you cancel an Order for Goods and have already received the Goods, we will issue the refund no later than 14 days from the day on which we receive or take back possession of the Goods or, if earlier, you provide us with written evidence that you have sent the Goods back as required under these Terms. Otherwise, we will issue the refund no later than 14 days from the day on which you told us that you want to cancel.
    4. 10.4 Your refund will be subject to the following deductions:
       1. 10.4.1 if you handled the Goods in a way beyond what might reasonably be permitted in a shop or the Goods show signs of unreasonable use and this resulted in a loss in value of the Goods, we may make a deduction from the refund for such loss in value; and
       2. 10.4.2 if Services have been provided during the 14 day cancellation period at your request, we will make deductions from any refund due to you for the Services we provided up to the time that you told us that you want to cancel.
       3. All refunds will be issued to the same payment method you used when you placed your Order.
    5. 10.5 All Goods must be returned to us in a re-sellable condition and, to the extent possible, in their original packaging. You shall not have the right to cancel an Order for a Water System or to any refund of any Charges if there is any defect in the Water System arising from wear and tear (fair wear and tear excepted), wilful damage, accident, negligence by you or any third party, use of the Water System otherwise than as recommended by us, failure to follow the Instructions, or any alteration or repair carried out by you or use of the Water System with consumables not provided by us.
    6. 10.6 When uninstalling the Water System, our responsibility is 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 Water System will be put in the ‘off’ position. Subject to clause 13, we will not be responsible for any loss or damage you may suffer after we have installed the Water System.
11. 11. SERVICES
    
    1. 11.1 If you book an engineer call-out, we will ask you to select your preferred date for the visit from the available dates. Any date selected by you will only be booked when confirmed by us by email.
    2. 11.2 We shall use reasonable endeavours to attend on the booked date, however, this date is not guaranteed and sometimes we may not be able to attend due to something beyond our reasonable control.
    3. 11.3 You shall procure that an authorised person over the age of 18 who has your authority to grant us access shall be present at your property on the booked date.
    4. 11.4 If there will be no one at your property on the booked date meeting the requirements of clause 11.3, you must notify us (by phone) by midday on the last working day before the booked date so that an alternative date can be arranged. For example, if the booked date is a Monday, you must let us know by midday on Friday. If you fail to notify us within the required timescale, you will be charged a further call-out charge if a new date is arranged, and there will be no refund of the call-out charge already paid by you, irrespective of whether or not you re-arrange the call-out.
    5. 11.5 If there is no one at your property when we arrive on the booked date (including as required under clause 11.3), you will need to contact us to arrange an alternative date. You will be charged a further call-out charge if a new date is arranged, and there will be no refund of the call-out charge already paid by you.
    6. 11.6 Our engineers can only carry out repairs to, and replace parts of, a Water System that has been sold by us to you.
    7. 11.7 Please note that if the Water System can be repaired with replacement parts, such parts will be included in the call-out charge but this does not extend to any replacement of the Water System if we are unable to repair the Water System. If we are unable to repair the Water System, it will not be replaced by us (except where replacement is covered under the Warranty) and there will be no refund of the call-out charge.
12. 12. WARRANTY
    
    1. 12.1 The Water System is provided with an initial 12 month warranty from Installation (Warranty) as detailed in this clause 11.
    2. 12.2 The Warranty is non-transferable.
    3. 12.3 The Warranty covers defects in material and workmanship in the Water System for 12 months from Installation. The Warranty does not guarantee that the Water System will at all times operate without interruption or will be error-free.
    4. 12.4 To make a claim under the Warranty, please contact us by email at customerservice@virginpure.com or telephone our Customer Service team on 020 7022 6471. We will require you to run a series of checks on the Water System 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 engineers to visit and repair the Water System. If during such a visit, the engineer finds no fault with the Water System, you shall be obliged to pay for the cost of the engineer’s visit.
    5. 12.5 If a valid claim is made under the Warranty we will, at our option, repair the Water System or replace any faulty Water System free of charge. If we choose to replace the Water System (at our sole election) we may replace the Water System with the closest available product. Repair and replacement under the Warranty does not extend to replacing external plastics parts of the Water System or its casing that may require to be changed for aesthetic reasons. Any parts which are returned to us will become our property upon receipt of the same by us.
    6. 12.6 Please retain your proof of purchase. If you do not have your proof of purchase we will need to verify your address and identification against those received when making your purchase.
    7. 12.7 The repair and replacement of the Water System (or any parts) must occur to and from the same address and must be the Delivery Address unless you have organised a property relocation with us in accordance with these Terms.
    8. 12.8 The Warranty is in addition to your legal rights as a consumer in relation to the Water System if it is faulty or not as described.
    9. 12.9 The Warranty does not cover any defect in the Water System arising as a result of, due to, or from, including:
       1. 12.9.1 purchases of products from unauthorized dealers or re-seller / auction sites such as eBay;
       2. 12.9.2 careless operation or handling, misuse, abuse and/or lack of maintenance;
       3. 12.9.3 use of consumables, parts and accessories other than those produced or recommended by us;
       4. 12.9.4 failure to change all Consumables or carry out recommended maintenance (e.g. descaling) at the recommended periods;
       5. 12.9.5 external sources such as weather, electrical outages or power surges;
       6. 12.9.6 repairs, installations, re-locations, re-installs or alterations carried out other than by us or our authorised representatives;
       7. 12.9.7 normal wear and tear (e.g. fuse etc.);
       8. 12.9.8 cosmetic damage, including but not limited to scratches, dents and broken plastic;
       9. 12.9.9 deliberate damage, accident or neglect by you or any third party;
       10. 12.9.10 the unblocking of drainage channels or similar related to your property’s plumbing;
       11. 12.9.11 use other than as recommended by us;
       12. 12.9.12 failure to follow the Instructions;
       13. 12.9.13 infestation of insects or bugs. Please note that in the case of infestation, we will not remove the Water System due to the risk of infestation spreading and you will have to make arrangements for, and pay the costs of, disposal.
    10. 12.10 If any fault to the Water System is outside the scope of the Warranty or is otherwise caused by your fault or negligence, we shall notify you and shall be entitled to charge you for any engineer call out and for replacement parts at our then standard charges.
    11. 12.11 Your remedy for breach of this Warranty is limited as set out in clause 13.
    12. 12.12 We also reserve the right to charge for the expense of an engineer call out where no fault has been found on inspection of the Water System.
    13. 12.13 The replacement of the Water System will not extend the period of the Warranty.
    14. 12.14 We reserve the right to change the method by which we may provide the Warranty service to you.
13. 13. LIABILITY – PLEASE READ CAREFULLY
    
    1. 13.1 We do not exclude or limit in any way our liability under these Terms:
       1. 13.1.1 for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
       2. 13.1.2 for fraud or misrepresentation;
       3. 13.1.3 for breach of the terms implied by section 31 (goods) and section 57 (services) of the Consumer Rights Act 2015;
       4. 13.1.4 for defective products under the Consumer Protection Act 1987, and/or
       5. 13.1.5 where the liability cannot be excluded or restricted by law,
       6. and the remainder of this clause and these Terms is subject to this clause 13.1.
    2. 13.2 If we fail to comply with these Terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach or failing to use reasonable skill or care but under no circumstances will we be liable for any loss or damage that is not foreseeable or that is not caused by any breach or negligence on our part. This means we will be responsible for any loss or damage if it was an obvious consequence or non-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 the contract with you.
    3. 13.3 We shall not be liable under the Warranty or otherwise for any loss suffered by you as a result of not being able to use the Water System or any other loss other than the repair or the replacement cost of the Water System or as otherwise set out in these Terms.
    4. 13.4 The Water System is provided for domestic use only and, we will 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.
    5. 13.5 We will not be liable for any loss or damage suffered by any person who does not operate the Water System in accordance with the Instructions or for other matters that we state we are not liable for in these Terms.
    6. 13.6 You have legal rights if the Goods are faulty, or if they are not as we have described, or if any Services 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.
    7. 13.7 When we install the Water System 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 Water System and/or providing the Services. 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 Water System). 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.
    8. 13.8 When we install the Water System, we guarantee that the valves and pipework we install connecting your mains water supply to the Water System will be free from defects in workmanship and for a period of 12 months from Installation. We will not be liable for any loss or damage suffered by any person with respect to faulty valves, pipework, or workmanship if:
       1. 13.8.1 a period of 12 months has passed from Installation; or
       2. 13.8.2 a period of 1 month has passed from removal of the Water System;
       3. 13.8.3 a fault arises due to wilful 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.
    9. 13.9 Our maximum liability to you under these Terms and the contract shall be limited to 125% of the Charges you paid for the relevant Goods and/or Services giving rise to the liability, except with respect to any liability under clause 13.1 in which case our liability to you is unlimited.
    10. 13.10 Nothing in these Terms will affect your legal rights.
14. 14. THINGS BEYOND OUR REASONABLE CONTROL
    
    1. 14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contract 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).
    2. 14.2 If an event beyond our reasonable control takes place that affects the performance of our obligations under these Terms, 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 re-deliver or re-start the performance of our obligations as soon as is reasonably possible after the event is over. You are still responsible for payments during any period of suspension if the suspension was due to non-payment of sums due by yourself.
    3. 14.3 We may have to cancel an Order before the Installation of the Water System due to an event beyond our reasonable control or the unavailability of the Water System, or any of the Goods that make up your water purification supplies or engineers to install the Water System. We will let you know as soon as possible if this happens. If we cancel an Order under this clause 14.3, we will refund to you any payments you have made in advance excluding any Installation Fee that we are not liable to refund to you in the circumstances set out in clauses 6.5 and 6.6.
15. 15. DATA PROTECTION
    
    1. 15.1 Unless otherwise agreed in writing, we will only use the personal data you provide to us as required for fulfilment of the contract with you. Please see our Privacy Policy | Virgin Pure for more information regarding our use of your personal data.
    2. 15.2 We may notify you of products and offers that we consider may be of interest to you from time to time, but you may opt out of such communications at any time by notice in writing to us.
16. 16. CONTACT DETAILS
    

    1. 16.1 If you have any questions regarding these Terms, your Order or the contract or wish to provide feedback or make a complaint, please contact our Customer Service team:

       By telephone: 020 7022 6471; or

       By e-mail: customerservice@virginpure.com.

       Our Operating Hours are 9.00am to 5.30pm Monday to Friday

       To help us to deal with your query or complaint efficiently, please provide us with your name and contact details (email address and/or mobile number), your order number and order date and details of the product or service you would like to speak to us about. We will make best efforts to reply to complaints within 7 days and we will write to you to let you know the outcome of any complaint within 8 weeks. Alternatively, you can contact the Citizens' Advice Consumer Service at https://www.citizensadvice.org.uk/consumer/get-more-help/if-you-need-more-help-about-a-consumer-issue/.

17. 17. GENERAL
    
    1. 17.1 We may at any time transfer all or any of our rights or obligations under these Terms with you but this will not affect your rights or our obligations under these Terms. We will always tell you in writing if this happens, and we will ensure that the transfer will not affect your rights under these Terms. You may not transfer to another person any or all of your rights or obligations under these Terms without our prior written consent.
    2. 17.2 The contract is between us and you. No one other than a party to this contract shall have any right to enforce any of its terms save for any party we transfer our rights and obligations to as referred to in clause 17.1.
    3. 17.3 If either we choose not to, or delay in, exercising or enforcing any right or remedy under these Terms or by law, this will not prevent or restrict us from exercising that or any other right or remedy. For example, if we allow you to retain the Water System without payment, we can still require you to make payment at a later date.
    4. 17.4 If a court or relevant authority decides that any provision or part provision of these Terms are or become invalid, illegal or unenforceable, that provision or part provision shall be deemed deleted but the remaining provisions of these Terms will remain in full force and effect.
    5. 17.5 Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
18. 18. GOVERNING LAW AND JURISDICTION
    
    1. 18.1 The Terms and any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
    2. 18.2 We both agree to the non-exclusive jurisdiction of the courts of England and Wales. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts.
    3. 18.3 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to CEDR via their website at www.cedr.com. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
19. 19. DISPOSAL
    
    1. 19.1 If you no longer want to keep the Water System, we can arrange to collect it for re-cycling or disposal. Please contact us using the contact details set out at clause 16.

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Virgin Pure Sale Cancellation Form

To Virgin Pure, 79-81 Paul Street, London, EC2A 4NQ

I hereby give notice that I cancel my contract for the purchase of the Home Water System

 

Date of Order
Customer Name
Customer Address
Customer Postcode
Customer Email
Customer Phone Number
Date