Terms and Conditions
These terms and Conditions govern your use of the cheddarwater.com website (“cheddarwater.comSite”) and your relationship with Cheddar Water Limited (“Cheddar Water”, “we”or “us”). Please read them carefully asthey affect your rights and liabilities under the law.
Registration
To use the cheddarwater.com Site and register with Cheddar Water you must be eighteen years of age or over. When completing the registration details you must ensure that the information you have provided is correct and complete. If there are any changes to your contact details including your address for deliveries you must inform us of this by updating your personal details.
Cheddar Water may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. The postponement or termination of your registration and your right to use the cheddarwater.com Site shall not affect either party’s rights or liabilities. The Terms and Conditions headed “Limitations on Liability” and “Intellectual Property” shall survive termination.
Password And Security
When you register to use the cheddarwater.com Site you will be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately by contacting our Home Delivery Customer Services (see below for contact details) if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner.
We may require you to change your password or we may refuse to accept any orders made using such password, if cheddarwater.com Site has reason to believe that there is likely to be a breach of security or misuse of the cheddarwater.com Site.
Prices
All prices shown are inclusive of VAT. The prices for the goods are set out on our website and can be viewed by clicking here.
Delivery (which will be made by courier) within mainland Britain is free of charge when you purchase not less than 5 cases otherwise you will be required to pay £4.95 per order at the time you pay for goods. We do not deliver to Northern Ireland, Isle of Man, Isle of Wight, Isle of Scilly Channel Islands Scotland or beyond mainland Britain.
You can pay using a valid PayPal account or credit card via PayPal we do not charge a handling fee.
Contract Between Us
Before your order can be processed, we must receive payment of the whole of the price for the goods that you order. Once we have received payment and your order has been acknowledged we will advise you by sending an email acknowledgment to the email address you provide in your order form. Our acknowledgment of your order brings into existence a legally binding contract between you and us. The minimum order we will accept is for 2 cases of water. A case contains either 12 x 1500ml PET, 24 x 500ml PET, 12 x 750ml glass, 24 x 330ml glass in still or sparkling.
Right For You To Cancel The Contract Between Us
You may cancel your contract to purchase goods from us at any time up to the end of the seventh working day from the date you receive the goods you ordered. You do not have to pay any penalty nor will you need to give us any reason for cancelling your contract.
To cancel your contract you must notify us in writing which you can address to us at Cheddar Water Limited, Carscliff Farm, Upper Draycott Road, Cheddar, Somerset, BS27 3YL or at homedelivery@cheddarwater.com.
If you have received the goods before you cancel your contract in respect to them then you must retain such goods in your possession and take reasonable care of them. If you cancel your contract but we have already processed the order for delivery you must not unpack the goods when they are received by you. In either case, you must either send the goods back to us at your own cost and risk (It is recommended that you post using registered mail and retain your proof of postage. If your returned item does not reach us and you do not have the correct proof of postage with insurance, you will not be eligible for a refund). Or make such goods available for collection by us (at your cost) at the same premises to which they were delivered.
Once you have notified us that you are cancelling your contract, any sum debited to us from your PayPal Account or credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are received by us in the condition that they were in when delivered to you.
Cancellation By Us
If we have insufficient stock to fulfil your order we reserve the right to cancel the contract between us.
We will notify you by e-mail if we cancel your contract and we will re-credit any sum deducted by us from your Paypal account as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
Delivery Of Goods To You
Goods ordered by you will be delivered to the address that you provided at the time of making your order, at which time you will become owner of the goods on the condition that you have not cancelled and do not cancel the contract between us. Upon delivery of the goods they will be held at your own risk and we will not be liable for loss or destruction of such goods.
After your order has been acknowledged, goods will be delivered usually within 5 working days. This will be confirmed via email.
All goods supplied by Cheddar Water using the cheddarwater.com Site are supplied to you for your own personal non-commercial use and therefore you agree not to sell the Cheddar Water goods for profit or otherwise.
Limitations On Liability
If the goods delivered to you are damaged or defective, not what you ordered or of the incorrect quantity, Cheddar Water shall have no liability to you unless you notify us of the problem in writing to Cheddar Water Ltd, Carscliff Farm, Upper Draycott Road, Cheddar, Somerset, BS27 3YL or homedelivery@cheddarwater.com within 24 hours of the delivery of the goods in question.
Once you have notified Cheddar Water of a problem with your order under the above conditions, the only duty for Cheddar Water at you option will be:
1) To repair or replace the goods that are damaged or defective.
2) To make good any non-delivery or shortage of goods.
3) To refund to you the amount paid by you for the goods in question.
Except in respect of death or personal injury caused by our negligence, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill)howsoever arising (including, for the avoidance of doubt, late delivery) out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under this condition.
Intellectual Property
The content of the cheddarwater.com Site is protected by copyright and other intellectual property rights. You may retrieve and display the content of the cheddarwater.com Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal,non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the cheddarwater.com Site without the prior written permission of Cheddar Water Ltd.
All trademarks, service marks and trade names placed by Cheddar Water on the Cheddarwater.com Site are the property of Cheddar or third parties that have granted Cheddar the right and licence to use such marks.
Availability Of The Cheddarwater.com Site
Although we aim to offer you the best service possible, we make no promise that the services at the cheddarwater.com Site will meet your requirements. We cannot guarantee that the service will be fault free. If a fault occurs you should report it to homedelivery@cheddarwater.com. We will attempt to correct the fault as soon as we reasonably can.
Your access to the cheddarwater.com Site may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
Events Beyond Our Control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, supply shortages, strikes,lock-outs and other industrial disputes, breakdown of systems or network access, act of God, tempest, flood, fire, explosion or accident, war or threat of war, sabotage, civil disturbance or requisition, pollution of water supply or acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority or regulator.
Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be made in writing and sent to us at Cheddar Water Limited, Carscliff Farm, Upper Draycott Road, Cheddar,Somerset, BS27 3YL or homedelivery@cheddarwater.com and all notices from us to you will be displayed on our website from time to time.
Governing Law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.
Miscellaneous
The failure of Cheddar Water Ltd to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforce ability. Cheddar Water Ltd reserves its rights in respect of these terms and conditions at all times.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
A person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
The cheddarwater.com Site is owned and operated by Cheddar Water Limited, a company incorporated under the laws of England and Wales with registration number 5212658 and whose registered office is at Carscliff Farm,Upper Draycott Road, Cheddar, Somerset, BS27 3YL.