Terms and conditions of use
- In these terms and conditions ("the Conditions") words such as "us", "we""our" "RainWater TSS” and “RWTSS” refer to RainWater Technologies Systems & Services Limited (Registered Office: K3 Marina Commercial Park, Centre Park Road, Cork City) and words such as "you" and "your" mean you, the RWTSS customer, using our Online Store.
- These Terms and Conditions apply to all purchases made through the online store and apply in addition to the following;
- Your General Terms and Conditions of your Product or Service
- Our website terms and conditions
- Any other Terms and Conditions expressly incorporated to govern the relationship between RWTSS and you.
- The Online Store offers you the opportunity to purchase RWTSS products and services ('Goods') over the internet.
- This service is only available to you on the following conditions:
- you must reside in, and provide a delivery address within, the Republic of Ireland.
- you must be 18 years of age or older
- you must hold a valid credit card issued in your name. Note that all references to 'credit card' in these terms shall be deemed to include a debit card also.
- the name on the credit card used (cardholder identity) must match the name of the addressee to whom any Goods are to be delivered.
- Acceptance of all online orders are subject to status and a satisfactory credit check.
- You are advised to read these Conditions every time you intend to make a purchase and each time you place an order with us you must confirm acceptance of these Conditions.
- We may modify, suspend or discontinue the Online Store's services at any time with or without notice to you and without liability to you. Discontinuation may occur for any valid technical, operational or commercial reason. We do not guarantee or warrant that any particular functionality, features, information or Goods promoted on the web-site will be available to you at any given time.
- All Goods are subject to availability and we reserve the right to change or vary the Goods promoted on the Online Store or the prices at any time.
- By continuing to use our online store you agree:
- to comply with all of our reasonable requests or instructions in relation to the use of the Online Store's services
- to comply with all requests or instructions of any authorised authority in relation to the use of the Online Store or the internet in general or for the investigation of any alleged offences
- to abide by all applicable laws and regulations (including copyright and intellectual property protection laws)
- not to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programmes
- not to attempt to gain unauthorised access to or interfere with this web-site, other users, computer systems or connected networks
- not to disguise the origin of any transmitted communication or impersonate any other person or entity
- to notify us immediately of any breach of security or any claim or legal proceedings against you relating to your use of the Online Store.
- We may suspend or terminate your access to the site wholly or partially and with or without notice for any valid reason including, without limitation where:
- you fail to observe or perform any obligation set out in the Conditions, any relevant law, licence, regulation, directive, code of practice or applicable usage policy; or
- you fail to pay us any sums due to us; or
- you supply us with false, misleading or inaccurate information at any time; or
- we suspend or discontinues the web-site.
- Where we exercise any of our rights or powers under clause 9 such exercise shall not prejudice or affect the exercise of any other right, power or remedy which may be available to us. We shall not be liable to you or any third party for any suspension or termination of your access to or use of the web-site.
- If you breach the Conditions and we do not take action, that will not affect our ability to rely on these Conditions at a later stage.
Making a Purchase Online
- Information Required: When you opt to purchase Goods will be required to provide certain personal and payment details, any information that you provide to us for the purpose of making a purchase must be fully complete and accurate. In particular you must ensure that you are legally and fully entitled to use any credit card used for a purchase and that sufficient funds are available to cover any charges incurred by you.
- Credit Card Payments: All card payments are subject to authorisation by your card issuer. During the purchasing process you will be asked to complete your payment details and all fields must be completed fully by you. We will only accept payment by certain types of credit card or debit card. No cash or cheques will be accepted. Any credit cards that you use must be valid at the date of making your purchase.
- Prices: The prices for Goods are quoted in Euro and are subject to change from time to time. All prices are stated inclusive of valued added tax (VAT) at the relevant rate at the time of purchase (currently 23%).
- Purchasing Limits: We reserve the rights at our sole discretion to limit the number of any Goods that may be purchased in any transaction or impose any purchasing limits that we may require from time to time.
- Making an Offer to purchase - We promote a range of Goods for sale via the Online Store. When you order products and services from this site, we treat this as an offer from you to purchase such products and services.
- Order Rejection: We reserve the right to accept or reject any such offer from you at our sole discretion for any legitimate reason. We will notify you if this occurs. If we’re unable to supply the Goods to you, we will refund the relevant amounts if already debited from your card. For example, we may reject your order in any of the following circumstances:
- Credit Card Authorisation: When you submit details to make a purchase, a credit card check is carried out by our third party credit card payment agent with our partner bank. We may reject your order if the partner bank refuses to authorise your credit card for payment.
- Sudden Unavailability: If we are unable to supply you with a Good, for example because that Good is not in stock or no longer available we will inform you of this and will not process your order, and refund you the full amount as soon as possible.
- Mistakes in Pricing:Our site contains a large number of Goods. It is always possible that, despite our best efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Good at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable, we do not have to provide the Good to you at the incorrect (lower) price.
- Accepting the Offer – Products: Where you have ordered products, your order will be accepted and an agreement concluded when we send you a dispatch confirmation email.Services: Where you have ordered services, your order will be accepted and an agreement concluded when we send you an order confirmation email. Both Products and Services: Products: Where you have ordered products and services, your order will be accepted and an agreement concluded when we send you a dispatch confirmation email.
- Security: The details of your purchase submitted over the internet is protected by Secure Socket Layer (SSL), This is an industry standard technology designed to prevent information in transit over the internet from being intercepted. We may also implement our own security procedures to prevent fraud. We reserve the right to enhance, amend and update our security procedures. Our internal security procedures include the processing of your credit card details through our third party credit card payment agents (see paragraph 17 above). This processing takes place on a server that is not accessible on the internet. Your information is encrypted for the processing of your transaction. Notwithstanding this, you should be aware that there are certain risks associated with internet communications. You acknowledge that the internet is a media over which we have no control. We expressly disclaim, in so far as legally permissible, responsibility for any loss or damage arising out of the loss or delay of transmissions over the internet. In respect of any other loss or damage suffered or alleged to be suffered, our liability to you shall not, to the fullest extent permissible under applicable law, exceed the value of Goods purchased.
- You will be advised before you place your Goods order of estimate delivery times, applicable delivery charges and how such delivery charges will be payable and any delivery restrictions (if any).
- You should note that delivery will be to the address as specified by you in the online order. Goods will be delivered on the signature of any occupant at that address at the time of delivery. RWTSS is not liable for ensuring personal delivery to you. Deliveries will not be made to PO Boxes or to addresses outside the Republic of Ireland.
- RWTSS will ensure that all Goods are delivered within 30 days of the relevant order. If we do not deliver the Goods to you within this time period, where you agree, we will deliver within an extended period of delivery with you or, else we will refund the price in full to you.
- In the event of delay or non-delivery of products/services you should immediately contact our Company office on (00353) (0)21 206 1913 and we will assist you in resolving the matter.
- Where a contract involving the sale of goods is entered, RWTSS confirms it will supply these goods in conformity with that contract.
- Cancellation under the Distance Sales Regulations: RWTSS operates a cancellation and returns policy which is compliant with the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (2013 (the 'Consumer Information Regulations'). These regulations only apply to RWTSS customers dealing as consumers (ie. A natural person acting for purposes outside their trade, business or profession).
- Cooling-off period: : If you have changed your mind, you can get a full refund on any online purchase before the expiry of the cooling off period which is 14 calendar days following receipt of your goods, or in the case of services, from the date your contract was concluded. Where both goods and services are ordered the cooling off period expires 14 calendar days following receipt of your goods. If multiple goods are ordered, in one order and delivered separately, the cooling off period expires 14 days after the date of the last delivery. Please note the following limitations to this cooling off period:
- Digital Content: Where you have purchased digital content not supplied on a tangible form, you hereby acknowledge that the 14 day cooling off period expires immediately once you begin to download or stream this digital content.
- Alteration of product: Where you have purchased a product, you hereby acknowledge that where you alter this product before the end of the cooling off period, you will be liable for all charges incurred.
- Diminished Value of Goods: Where you have used the products or services supplied to you to avail of services before the expiry of the cooling off period you will be liable for any diminished value of the products or services.
- Further Limitations on Cancellation Rights Please note that the right to cancel does not apply in the following circumstances:
- Service contracts, after the service has been fully performed where the performance began with your prior express consent and acknowledgement that the right to cancel the contract would be lost once the contract had been fully performed by RWTSS
- Contracts for the supply of goods that are clearly personalised;
- Contracts for the supply of goods that are liable to deteriorate or expire rapidly;
- Contracts for the supply of sealed goods that—
- are not suitable for return for health protection and hygiene reasons, and
- were unsealed after delivery;
- Contracts for the supply of goods that are, according to their nature, inseparably mixed with other items after their delivery;
- Contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance;
- Contracts for the supply of sealed audio or sealed video recordings or sealed computer software that were unsealed after delivery;
- To cancel your order before the expiry of the cooling off period, you can call 021 206 1913 and you will need to fill out the Cancellation Form which can let us know of your decision. You should take note of the following:
- To meet the cancellation deadline it is sufficient for you to send this Cancellation Form to us or notify us by phone before the cooling off period has expired.
- You'll be responsible for the cost of returning the products (including any additional items sent with your product) to us unless:
- we arrange to collect the goods from you
- we've delivered them to you in error
- the product was damaged or defective at the date of delivery to you
- You'll need to take reasonable care of the products until they're returned or collected by us. RWTSS will not be responsible for any Goods while they are in transit returning to us and we recommend you pack the products securely and that you should use a recorded-delivery service (such as prepaid post) to return any products to us.
- You must return the Goods to RWTSS within 14 days of informing RWTSS of your wish to cancel unless RWTSS arrange to collect the Goods directly from you. Goods should be returned to:
K3 Marina Commercial Park
Centre Park Road
- Note that where you have used the goods or services supplied to you to before the expiry of the cooling off period you will be liable for any diminished value of the goods or services.
- Please note if returning Goods we require the original invoice invoice or order number or your full name and address. Without this information we will be unable to identify a returned package as yours and we will not be able to process the return/refund.
We'll refund the original purchase price (less any discounts we applied at the time of your purchase and less any applicable diminished value amount or service charges) for the products or service you're cancelling, together with the delivery charge to you (unless the delivery charge was a priority or express delivery cost) as soon as reasonably possible, and in any case in accordance with our statutory obligations. RWTSS will refund you using the same means of payment you used for your initial transaction.
RWTSS may from time to time contact you by post, email, text message or telephone with information on new products, services, special discounts or other information we believe may be of interest to you. If you would prefer not to receive such information please indicate your preference when submitting your order.
You may contact our offices on 021 206 1913 or alternatively send a letter to K3 Marina Commercial Park, Centre Park Road, Cork City Ireland
- The www.rainwatertss.com website (including the online store) are provided "as-is" and all conditions and warranties expressed or implied by statute or common law are excluded to the fullest extent permitted by law. Without prejudice to the generality of the foregoing, we make no warranties or representations that the operation of the site will be uninterrupted, timely, or error-free. Unless otherwise stated we shall not be liable for any losses, damages (other than for death or personal injury caused by our negligence), costs or expenses (including indirect or consequential loss (including loss of use, data, profits, business or anticipated savings)) arising out of or in any way connected with your use of the site and whether based in contract, tort, or otherwise, even if we or any of our suppliers have been advised of the possibility of such losses, damage, costs or expenses. It is your responsibility to evaluate the information about Goods provided on this web-site and to decide on the suitability of such Goods for your needs
- These Conditions are governed by the laws of Ireland and we and you submit to the exclusive jurisdiction of Courts of Ireland. If any part of these Conditions is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Conditions shall remain in effect.
- If you have any comments or require further clarification of any aspect of the Online Store please contact us on 021 206 1913.