Terms of Service
Terms & Conditions
This page (together with any documents referred to on it) tells you the terms and conditions upon which we supply any of the products listed on our website (our site) to you.
This website is operated by Test All Water Limited (we/our/us). As user of this website you (you/your) acknowledge that any use of this website, including any transactions you make, is subject to our terms and conditions below
Please read these terms and conditions carefully before ordering any products from our site. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions. Please print a copy of these terms and conditions for future reference.
Please tick the terms and conditions box during the ordering process to accept our terms and conditions. Please understand that unless you accept these terms and conditions, you will not be able to order any products from our site.
1. About Us
Our main trading address is Test All Water Limited, Unit 64, Block 8, Old Mill Lane Industrial Estate, Mansfield, Nottinghamshire, NG19 9BG. Our VAT number is GB249901874
2. Service Availability
Following our receipt of your on-line order we will inform you if we do not, for any reason, accept and process your order. We reserve the right to reject any order, as we see fit.
We reserve the right to not accept orders from any individual or company.
3. About You
By placing an order through our site you agree that you are capable of entering into legally binding contracts and are aged 18 years or over.
3.1 If you are not a domestic/private consumer, when you place an order you confirm that you have authority to bind any business on whose behalf you use this website correctly. Also by placing an order you agree to our terms and conditions regarding business customers. Distance Selling Regulations DO NOT apply to Business to Business contracts. Business Customers are defined as Sole Traders, Partnerships, Limited companies etc. purchasing goods from us by Internet, Mail Order, over the phone, or by collection.
4. The Contract
4.1 After you have placed an order, you will receive an e-mail from us acknowledging receipt of your order. Please note that this does not mean that your order has been accepted. Your order is an offer to us to buy a product(s). All orders are subject to acceptance by us. Once your offer has been accepted we will confirm this by sending you an e-mail that confirms that we have accepted your order (Acceptance E-mail) The contract between us (Contract) will only be formed once we have sent the Acceptance E-mail to you.
4.2 The Contract will relate only to those products we have confirmed in the Acceptance E-mail. We will not be obliged to supply any other products which may have been part of your order until the acceptance of such products has been confirmed in a separate Acceptance E-mail.
4.3 Any drawings, photographs, descriptions, including product weight or advertising we issue, and any photographs, descriptions or illustrations contained on our site, are issued or published solely to provide you with an approximate idea of the products they describe. They do not form part of the Contract between you and us or any other contract between you and us for the sale of the product.
5. Your Rights As A Consumer
5.1 For private consumers, you may cancel the contract at any time within 14 working days, beginning on the day after you received the products. In this case, you will receive a full refund of the price paid for the products in accordance with our refunds policy (set out in clause 9 below). This right does not apply to business customers see 5.3 below.
5.2 Details of this statutory right, and an explanation of how to exercise it, are provided in the Acceptance E-mail. This provision does not affect your statutory rights.
5.3 Business customers must inform us that they wish to cancel, in writing via email to accounts@testallwater.co.uk, within 5 working days after the day on which the product is received. Returns from business customers of any unwanted product are subject to a 60% restocking fee.
5.4 For both private customers and business customers, you must inform us in writing if you wish to cancel the contract. You must also return the product(s) to us immediately. The products must be returned to us in the same condition and the original packaging in which you received them. Products are returned to us at your own cost and risk. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.5 You can find out more about your consumer rights by contacting your local Trading Standards Department or Citizen Advice Bureau.
6. Availability And Delivery
6.1 Your order will be fulfilled by the delivery date set out in the Acceptance E-mail or, if no delivery date is specified, then within 30 days of the date of the Acceptance E-mail, unless there are exceptional circumstances.
6.2 We cannot be held responsible for failed deliveries or loss when the address or details are entered incorrectly (we do not tamper with ANY details you provide us with). We implore that you check your details are correct before checking out.
6.3 We will not dispatch any products until we have received cleared funds.
6.4 Orders placed before the specified cut off time will be processed the same day and will be delivered in accordance with your delivery request providing further security checks are not required and all the products are in stock and available.
6.5 All orders are subject to acceptance and product availability.
7. Risk And Title
7.1 From the time of delivery the products will be at your risk.
7.2 Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products and delivery charges.
8. Price And Payment
8.1 We reserve the right to change our product prices at any time. However any changes made will not affect orders in respect of which we have already sent an Acceptance E-mail.
8.2 The price of any products is as quoted on our site from time to time, except in cases of obvious error.
8.3 All our product prices include VAT but exclude delivery costs, these will be added to the total amount due at the checkout as set out in our Delivery Information Section.
8.4 Our site contains an extensive range of products and it is always possible that, despite our best efforts, from time to time a product listed on our site may be priced incorrectly. We usually verify prices as part of our dispatch procedures so that, when the correct price of a product is less than the price stated on our site, we will charge the lower amount when dispatching the product to you. But if the correct price of a product is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of this rejection.
8.5 We are not under any obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Acceptance E-mail, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.
8.6 Payment for all products must be by credit or debit card. We accept the following methods of payment: Visa; Visa Electron; MasterCard; Maestro; Solo and PayPal. We will not dispatch any products until we have received cleared funds. No payment shall be deemed to have been received until we have received cleared funds. Please be aware that if you are using PayPal as your payment method we reserve the right to not ship to unconfirmed addresses.
8.7 Your credit/debit card details will be encrypted by us in order to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. If there is a problem taking payment for all or part of your order, we may contact you by telephone or e-mail.
9.Our refunds policy
9.1 When you return a Product to us:9.1.1 If you are a private customer, because you have cancelled the Contract between us within 14 working days (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. If this is the case, we will refund the price of the product in full, including the cost of sending the item to you, but if you are only returning part of your order then we are not obliged to repay any of the delivery charge. However we will only refund you our standard delivery rate for your product, so if you have chosen to upgrade the delivery method you will not receive a full refund of your delivery costs.
9.1.2 However, you will be responsible for the cost of returning the item to us. We recommend that all items are returned via a recorded delivery method, as we will not be liable for any damage or loss whilst in transit, please see our Returns Policy.
9.1.3 If you are a business customer, the seven day cooling-off period does not apply to you. You will be responsible for the cost of returning the product to us and the original cost to us of sending the product to you. Any refund for unwanted product(s) will be subject to a 60% (of the product price) re-stocking fee.
9.1.4 For any other reason, (for instance, because you have notified us in accordance with clause 22 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the product is defective), we will examine the returned product and if you are entitled, we will notify you of our intentions to either repair, replace or refund via e-mail within a reasonable period of time. We will usually process your repair, replacement or refund as soon as possible and, in any case, within 30 days of receiving the defective product. If you elect a refund of a product returned by you because of a defect it will be refunded as per our refunds policy where you are returning an item that was part of a larger order, we will refund the charge for delivery that you incurred for that item(s) and the cost incurred of returning the defective item to us. If you are entitled to a repair or replacement of a defective product we will not charge you for redelivery of the repaired or replaced product.
9.1.5 Customers resident in the UK. If you elect to return the defective product to us please use Royal Mail recorded delivery service, but if you elect to choose an alternative method of delivery, this must be agreed by us in writing via email prior to dispatch. We reserve the right to pay only part of the delivery costs if the alternative method chosen by you is not cost effective. Any delivery charges, or part thereof, will only be refunded once we have received proof of carriage costs.
9.1.6 Customers resident within the EU. Please call us to discuss delivery method. Test All Water will not be liable for any delivery costs which have not been agreed by us in writing via email.
9.1.7 Customers outside the EU. If you wish to return a product to us either due to unwanted goods or to return defective products then you will be responsible for the return shipment costs back to the UK and shipment costs from the UK to outside the EU.
9.2 Refunds of any money received from you will be made using the same card or payment method originally used by you to pay for your purchase and paid back into the same account.
9.2.1 Customers outside EU requiring refund, Test All Water will not be responsible for any transaction transfer fees or currency exchanges.
9.3 To return a Product for any other reason, see our Returns Policy.
10.1 Our Returns Policy forms part of our Terms and Conditions and complies with the Consumer Protection (Distance Selling) Regulations 2000 and the Consumer Rights Act 2015. These Distance Selling Regulations give customers (except in the case of business to business transactions) the right to change their mind and to cancel an order within 14 working days.
10.1.2 You have a statutory duty under the Distance Selling Regulations to take reasonable care of the products whilst they remain in your possession, if you do not take reasonable care and the products are damaged, we may have a claim against you for breach of this duty.
10.2 Unwanted Products.
10.2.1. If you wish to return any product for this reason you must notify us in writing via email at accounts@testallwater.co.uk within 14 working days, after the day on which you received the product.
10.2.2. You are responsible for the cost of returning any unwanted product to us and you must also provide proof of delivery. Customers resident outside the UK, please call us to discuss delivery method. Test All Water will not be liable for any excess unpaid delivery costs. Customers outside EU must cover the cost of return postage to the UK and will not be eligible for recovery of any part of the original transaction shipping fees.
10.2.3. The product must be in the same condition as you received it and returned to us in its original packaging.
10.2.4. When returning a product to us you must take all reasonable care to ensure that items are suitably packaged and protected. The product remains your responsibility until it is delivered and signed for by us. Test All Water do not accept any responsibility for returned goods that are damaged in transit.
10.2.5. For business customers only (for definition of business customer see section 3.2 on our Terms and Conditions Page). If you are a business customer the Distance Selling Regulations’ 7 day ‘cooling off’ period does not apply to you. If you wish to return a product that is not needed or required you must notify us in writing, via email at sales@testallwater.co.uk, within 5 working days after the day on which you received the product.
10.2.6. The product must be in the same condition as when you received it and returned to us in its original packaging. When returning a product to us you must take all reasonable care to ensure that items are suitably packaged and protected.
10.2.7. The product remains your responsibility until it is delivered and signed for by us. You will bear the cost of returning the product to us as well as the original cost to us of sending the product to you.
10.2.8. Any unwanted products returned by business customers will be subject to a 60% (of the product price) restocking fee.
10.3 Incorrect Products.
If we have sent you the wrong product(s) i.e. not the one(s) you ordered please contact us in the first instance.
10.3.1. Customers resident outside the UK. Please call us to discuss delivery method. Test All Water will not be liable for any delivery costs which have not been agreed by us in writing via email. If you have to return the product then we will pay the delivery cost incurred by you for returning the items to us and for redelivery of the correct items to you.
10.4. Faulty Products
10.4.1. In line with the Consumer Rights Act 2015, if you believe your goods have been delivered faulty or damaged please contact Technical Support Team for advice via email on the contact us page or telephone us. Depending on the product we may be able to take you through a telephone diagnostic to make sure it is not a problem that can be resolved quickly. If we are unable to resolve the matter by telephone or email we will ask you to return the product to us for testing, please wait for our instructions regarding delivery method for any faulty product returns and we will give you an RMA number (Returned Merchandise Authorisation Number).
10.4.2 Products should be returned complete including all packaging, cables, manuals, etc. for that product. The product remains at your risk until delivered to us and signed for by us. If after testing the product is found to be faulty we will send you a replacement.
10.4.3. If the same product is not available for any reason, we may send you a similar value one as a replacement but we will agree this with you first. If the product is found to be faulty we will pay the delivery cost incurred by you for returning the item back to us and for delivery of any replacement product.
10.4.4. Should a product refund be necessary after a product has been found to be faulty we will refund the cost of the product and the cost of delivery to you, but we will only refund you our standard delivery rate for your product, so if you have chosen to upgrade the delivery method you will not receive a full refund of your delivery costs. We will also refund the delivery cost incurred by you for returning the item back to us.
10.4.5. Customers outside the EU. If you wish to return a defective product to us then you will be responsible for the return shipment costs back to the UK and shipment costs from the UK to outside the EU.
Our liability
11.1. We warrant to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. This warranty does not apply to any defect in the product arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the product in a way that we do not recommend, your failure to follow instructions, or any alterations or repairs you carry out without our prior written approval.
11.2. We are guided by the manufacturers in relation the assessment as to whether the equipment has been used in such a way to negate the warranty. In such circumstances we will offer a discounted trade in on a new item, return the product to the customer (there may be an evaluation fee for this) or dispose of the equipment free of charge.
11.2.1. Test All Water Limited only deals with UK manufacturers, any warranty for products is not transferrable to the manufacturers locations outside the UK or any other authorised distributor. As such any defective products must be returned to our UK manufacturer, if you are purchasing from outside the EU the return costs will be your responsibility and will not be met by Test All Water Limited.
11.3. Our liability for losses you suffer as a result of us breaching this agreement is strictly limited to the purchase price of the product you purchased.
11.4. This does not include or limit in any way our liability:
11.4.1. for any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us; or
11.4.2. under section 2(3) of the Consumer Protection Act 1987;
11.4.3. for death or personal injury caused by our negligence;
11.4.4. for fraud or fraudulent misrepresentation;
11.4.5. for any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us; or
11.4.6. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.5. You will be responsible for ensuring the fitness for purpose of the product for your application.
11.6. To the extent permitted by law, we accept no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to our negligence or that of our employees, agents or sub-contractors save for any loss or damage arising from death or personal injury.
11.7. To the extent permitted by law, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any contract with the you, for any indirect, consequential, special or unforeseen loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of us, our employees or agents or otherwise) which arise out of or in connection with the supply of the product or its use or resale by you.
12.1. Except as expressly set out in these terms and conditions, all use of your personal information will be made in accordance with our Privacy Policy.
12.2. By registering any of your personal details with us, you are agreeing to allow us to contact you regarding any of our own products or services.
13. Protecting your security
13.1. To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
13.2. By accepting these Terms and Conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act and GDPR.
13.3. During security checks we may ask for additional information or documentation to help support the data you have supplied.
14. Import duty
14.1. If you order products from our site for delivery outside the UK, they may be subject to export/import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
14.2. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
15. Written communications
15.1. Certain laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16. Notices
16.1. All notices given by you to us must be in writing to Test All Water Limited, Unit 11, Oak House B, Ransom Wood Business Park, Southwell Road, Mansfield, Notts, NG21 0HJ. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post (please obtain proof of postage) and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
17. Transfer of rights and obligations
17.1. The Contract between you and us is binding on you and us and on our respective successors and assigns.
17.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
17.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
18. Events outside our control
18.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
18.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (but not limited to) the following:
18.2.1. strikes, lock-outs or other industrial action;
18.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
18.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
18.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
18.2.5. impossibility of the use of public or private telecommunications networks;
18.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
18.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
19. Waiver
19.1. If at any time during the term of a contract we fail to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
19.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
20. Severability
20.1. If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. Entire Agreement
21.1. We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. Whilst we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
22. Our right to vary these terms and conditions
22.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems capabilities.
22.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance E-mail (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the product).
23.1. Unless specifically provided, we make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offence caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
24. Law and Jurisdiction
24.1. Contracts for the purchase of products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.