Terms of Use and General Provisions
Please read these Terms of Use carefully before browsing or using https://www.spiritwaterpro.com/.
Browsing the website, viewing it, or making any use of it in any manner, whether directly or indirectly, including any content and/or service offered through it, constitutes the user’s agreement to these Terms of Use, including the website’s Privacy Policy, as updated from time to time, without limitation or reservation.
These Terms of Use and the Privacy Policy govern the relationship between the user and SPIRIT WATER PRO, and may be updated from time to time at the company’s sole discretion.
1. General
1.1
https://www.spiritwaterpro.com/ is a website operating as an online store for the purchase of water filtration, purification, and water dispenser products. The website is operated by SPIRIT WATER PRO (hereinafter: the “Company”).
All rights in the content and graphic design appearing on this website are reserved to the Company. Any images and/or illustrations displayed on the website are for illustrative purposes only and shall not bind the Company and/or the website management.
The Company and/or the website management may update the prices of products and/or services and/or promotions on the website, including delivery and/or installation charges, at their sole discretion and without prior notice. For the avoidance of doubt, the binding price in relation to any action completed on the website shall be the price published at the time the action was completed. If the price is updated before the user completes the action, the user shall be charged according to the updated price in effect at the time of completion.
Any purchase made through the website is subject to all the terms set out in these Site Terms. For any questions, users may contact the Company’s customer service through the contact details published on the website.
For the purposes of these Site Terms, an “Action” and/or “Order” means any visit and/or browsing session on the website, the placing of an order, and/or the purchase of products and/or other services offered on the website.
The Company may, at any time, amend these Terms of Use by updating this document, and such amendment shall be binding on the user in all respects. These Site Terms shall apply to every action performed on the website and form the legal basis for any matter between you and the Company. These Site Terms constitute a binding agreement between you and the Company, and any person performing an action on the website declares that they are aware of the provisions of these Site Terms and the rules governing use of the website, agrees to them, and shall have no claim against the website owners, its operators, or anyone acting on their behalf.
Any visitor, browser, customer, or other person performing an action on the website (hereinafter: the “User”) agrees that the Company’s computer records regarding actions carried out on the website shall constitute prima facie evidence of the contents of such records and the correctness of such actions.
1.2
These Terms of Use shall apply to every use of the website and every purchase made through it, and shall constitute the legal basis for any discussion with the Company. Accordingly, you are requested to read these Terms carefully and in full. Browsing the website and/or performing any action on it constitutes your agreement to accept and act in accordance with these Terms of Use. If you do not agree to any of these terms, you are requested not to make any use of the website.
1.3
Any person performing an action on the website declares that they are aware of these Terms of Use and accept them, and that neither they nor anyone acting on their behalf shall have any claim and/or demand against the website owners, the website operators, or anyone acting on their behalf, except for claims relating to a breach of obligations under these Terms of Use.
1.4
Registration on the website and the use of any information provided by the User to the Company and/or stored about the User during the use of the website shall be carried out in accordance with applicable law and the website’s Privacy Policy, which forms an integral part of these Terms of Use. The User hereby consents to receive information from the Company by digital means and/or direct marketing, including marketing and advertising materials, and agrees to be added to the Company’s direct marketing system via email, mobile phone, text messages, and post, in accordance with applicable law.
1.5
Any use of the masculine form in these Terms of Use is for convenience only and shall be interpreted as referring to all genders.
1.6
Section headings are included for convenience only and shall not be used for the interpretation of these Terms of Use.
2. Legal Capacity to Perform Actions on the Website
Any user who meets all of the cumulative conditions set out below shall be entitled to perform actions on the website and participate in purchases made through it.
2.1
The User must have the legal capacity to enter into binding legal transactions. If you are a minor (under the age of 18) or are otherwise not entitled to carry out legal actions without the consent of a guardian, your use of the website shall be deemed to have been made with the approval of your guardian.
2.2
The User must hold a valid identification document and be legally entitled to make purchases and enter into binding transactions.
2.3
The User must hold a valid credit card or other valid payment method lawfully issued and accepted through the website.
2.4
The User must have an active email address and provide valid contact details and a deliverable address, where applicable.
2.5
The Company reserves the right to deny access to purchases and/or cancel the participation of users whose conduct is inappropriate, inconsistent with these Terms of Use, or intended to interfere with the proper operation of the website or the sales process.
3. Products on the Website
3.1
All products offered for sale on the website are new products in their original packaging, unless expressly stated otherwise.
3.2
The website offers its users products and/or services in various models, types, and quantities, all at the Company’s sole discretion. The Company may, at any time and at its sole discretion, add and/or remove products and/or services offered for sale on the website, and determine the manner of their sale and their prices, including delivery charges.
3.3
The Company does not undertake that the prices and/or price lists published on the website will be discounted and/or identical to prices offered at other points of sale.
3.4
The Company does not undertake to keep stock of all products displayed on the website. In addition, the Company shall not be liable for any inaccuracy in the information appearing on the website to the extent that such inaccuracy is not dependent on the Company.
3.5
All products offered for sale on the website are offered subject to availability in the Company’s stock. If, after an order has been placed, it becomes clear that the product is out of stock due to circumstances that were not known at the time the order was placed, the Company shall notify the customer within 7 business days that the product is unavailable. In such case, the Company shall offer the customer the option to choose between cancellation of the transaction and receipt of an alternative product, if available.
3.6
Each product offered for sale on the website is accompanied by a product page including a description of the product or service and its price, including VAT where applicable.
3.7
Most products offered for sale on the website are accompanied by images intended for illustration only. In the event of any discrepancy between an image and the written description, the written description shall prevail.
3.8
The Company makes considerable efforts to keep the information on the website updated and accurate. If, due to a bona fide error, the product description does not match the product for which the listing was published, the customer shall be given the option to choose between receiving the product as it can actually be supplied and receiving a full refund of all amounts paid for that product.
4. Placing Orders on the Website
4.1
The website allows users to purchase products online in a convenient and secure manner. Products will be offered for sale until stock is exhausted.
4.2
The User may view products and their prices and add any available item to the shopping basket. Until the order is completed, the customer may change quantities and add or remove items from the shopping basket. After completing the selection, the customer must proceed to checkout in order to approve the order and make payment.
For the purpose of completing payment, the User may be required to choose a username and password and to provide, among other things, the following details: name, address, email address, telephone number, and payment details.
Providing all required details is a precondition for completing a purchase. To ensure that the order is processed quickly and without errors, the User must ensure that all details provided are correct, complete, and accurate. Knowingly providing false details may constitute a criminal offence and may expose the user to civil and criminal proceedings, including claims for damages caused to the Company as a result of disruption to the sales process.
4.3
After an action is performed, the Company shall verify the payment details with the payment provider. Once the transaction is approved, the User shall receive a notification confirming that the action has been approved and that the ordering process has been completed. Approval of the transaction by the payment provider is a precondition for completing the order, and the transaction shall only be deemed completed once the charge has been approved.
4.4
If the order is approved, it shall be recorded in the Company’s systems and an order confirmation shall be sent to the User by email within 72 hours of the completion of the order. For the avoidance of doubt, only an order confirmation sent to the User’s email address and including the relevant order details, including the order number and customer details, shall constitute confirmation that the order has been received by the Company. The Company’s records shall constitute prima facie evidence of the correctness of the transaction.
4.5
The customer shall be charged for the product or service purchased through the approved payment method after the order is completed and approved.
4.6
If the transaction is not approved by the payment provider, the User shall receive an appropriate notice. In order to complete the order, the User may be required to contact the Company’s sales or customer support team in order to arrange payment approval. In such case, the period for calculating the delivery timeline shall begin only from the date on which the transaction is approved. If the User does not arrange such approval within 7 days from the date of the refusal notice, the Company shall be entitled to cancel the order.
4.7
The website is intended for retail sales only. Product prices and promotions published on the website are valid only for purchases made through the website, and may differ from prices offered at other points of sale.
5. Delivery, Transport and Shipping Times
5.1
Products and/or services purchased on the website, for which full payment has been made, shall be supplied by the Company. The Company shall arrange delivery of each product or service purchased on the website to the address provided by the User when placing the order, in accordance with the delivery terms stated on the relevant product page, unless otherwise specified.
5.2
Delivery of products may be carried out through a delivery company or in any other manner specified on the website.
5.3
Products and/or services shall be supplied within business days counted from the date on which the transaction is approved. For these purposes, “business days” means Sunday to Thursday, excluding Fridays, Saturdays, public holidays, and holiday eves, unless otherwise stated. The Company will make reasonable efforts to expedite delivery and/or coordinate it according to the customer’s needs, subject to the policy of the relevant delivery provider.
5.4
The terms and conditions of the carrier or delivery service through which the Company carries out delivery and supply shall apply to any such delivery and shall bind every User.
5.5
In the event of delay due to force majeure, including but not limited to strikes, fire, flood, war, or similar circumstances, the Company shall notify the customer as soon as the delay becomes known and shall allow the customer to choose between waiting for the product, receiving an alternative product, or cancelling the transaction and receiving a refund.
5.6
The Company shall not be liable for delays that are outside its control and/or caused by the customer, including difficulty in contacting the customer during normal working hours. Such delay shall not be deemed a breach of the Company’s obligations.
5.7
If, for operational or security reasons, products cannot be delivered to certain locations, the matter shall be clarified to the customer and the Company shall be entitled to coordinate delivery to an alternative location acceptable to both parties.
5.8
If the Company determines that it cannot supply the product to the customer within its operational means and no solution acceptable to both parties is found, the Company shall be entitled to cancel the transaction at any time prior to delivery. In such case, the Company shall refund the customer the full amount paid and/or cancel the payment charge, and the customer shall not be entitled to any compensation for such cancellation.
5.9
Upon delivery, the Company and/or anyone acting on its behalf may require the presence of the payment card holder and/or presentation of identification as a condition for releasing the product.
6. Cancellation of Transactions and Return of Products
6.1
The customer must inspect the product immediately upon receipt. If the product is supplied in defective condition or if its specifications differ from those published on the website, the customer may cancel the transaction by written notice to the Company. In such case, the customer shall not be charged cancellation fees.
6.2
The transaction may be cancelled within 14 days from the date of delivery of the product by written notice to the Company, including by email, provided that the product is in proper condition and returned together with the original invoice. In any cancellation notice, the customer must specify the order number, full name, and identification number.
Returned products shall be delivered to a location designated by the Company at its sole discretion, or collected by a courier on behalf of the Company, in which case delivery costs shall be borne by the customer.
In such case, the Company shall, within 14 days from the date the returned product is received, refund the relevant part of the transaction price paid, cancel the charge for the transaction, and shall not charge the customer any amount, except for a handling fee equal to 5% of the value of the transaction or EUR 100, whichever is lower. If installation has been carried out, an additional EUR 100 installation charge shall apply.
It is clarified that any refund after cancellation shall apply only to a product returned in proper condition, not defective, and in respect of which no water has passed through the system, in accordance with applicable law. No refund shall apply to consumable products whose packaging has been opened, and/or to services already provided for payment, including a technician visit, dismantling, and/or installation.
6.3
A service plan entered into through the website may also be cancelled after the initial 14-day period, subject to the following conditions:
a. The customer must submit a written cancellation notice to the Company by post, fax, or email.
b. The cancellation shall take effect within 3 business days from the date the notice is received by the Company, or within 6 business days from the date of dispatch if sent by registered post.
In any such cancellation case, the Company shall be entitled to retain the higher of the following amounts:
a. Any expenses incurred by the Company for repairs carried out on the product, where cancellation is made after the statutory warranty period.
b. The proportional part of the annual service fee for each month during which the agreement was in force, together with full payment for filters and accessories supplied up to the date of cancellation.
Any balance of sums actually paid for the service shall be returned to the customer by cheque or by credit to the customer’s payment card.
6.4
The Company shall be entitled to cancel an order and/or engagement with the User in any of the following cases, provided that it sends the User notice of such cancellation, including the reasons for it, within 10 days from the date on which the order was approved:
a. If a bona fide error occurred in one of the details appearing in the product listing, the product price, or the product description on the basis of which the order was placed.
b. If the User provided incorrect, inaccurate, or incomplete details.
6.5
Senior citizens, persons with disabilities, and new immigrants shall be entitled to an extended cancellation right of up to 4 months, in accordance with applicable law.
7. Product and Service Warranty
7.1
Products and services offered on the website are supplied together with a warranty certificate, where required by law. Products purchased through the website are new and supplied in their original packaging, and are covered by the warranty and service terms stated in the warranty certificate. The customer must activate and use the warranty in accordance with the instructions stated therein.
7.2
The warranty applicable to the product shall be as stated in the warranty document supplied with the product.
7.3
For any questions regarding the products, customers may contact the Company’s service representatives through the Contact Us page on the website.
7.4
The details of the manufacturer and/or importer shall appear on the ordered product. If such information is insufficient, the customer may contact the service centre for additional details.
7.5
The customer must inspect the product immediately upon receipt. The Company and/or the website management and/or anyone acting on their behalf shall not be responsible and shall not bear liability for any direct or indirect damage caused to the User or any third party as a result of use of the website and/or performance of actions through it not in accordance with these Site Terms, including but not limited to loss of income and/or loss of profits.
7.6
The warranty shall apply only to a customer holding original proof of purchase, and only if the purchase was made through the website’s store and the customer acted in accordance with the manufacturer’s warranty instructions.
7.7
The exclusive remedy in respect of a defective product covered by warranty shall be limited to repair or replacement of the defective product. The Company’s total liability in relation to any defective product shall in no case exceed the purchase price of that defective product.
The Company shall not be liable for any direct or indirect damage arising from use or misuse of the product, including incidental, special, indirect, or consequential damages, to the extent permitted by law. The customer bears sole responsibility for all risk, loss, damage, or injury to themselves, their property, and/or to third parties arising from use and/or non-use of the product, except where it is determined that such damage was caused solely by the Company’s negligence.
8. Intellectual Property
The website and its content, including copyright in all text, materials, and images (hereinafter: the “Content”), belong to the Company unless expressly stated otherwise, and are protected by applicable domestic and international law.
It is clarified that the website, the Content, trademarks, trade names, and any other intellectual property rights appearing on the website belong to the Company and/or to third parties, as the case may be. Nothing on the website, expressly or implicitly, shall be construed as granting any licence or right to use any trademarks displayed on the website without the prior written consent of the Company or the relevant rights holder.
Use of the website content or any part of it, including by means of linking from another website, without the Company’s prior written consent, is prohibited.
9. Limitation of Liability
9.1
The website and its content are presented by the Company “as is” (AS IS). Although the Company makes efforts to ensure the accuracy of the content displayed on the website, it makes no representation or warranty as to the completeness or accuracy of such information.
9.2
The Company shall not be responsible for advertising content or for any commercial, marketing, or other information published on the website. Information on the website is presented “as is” (AS IS), without the Company verifying its reliability, accuracy, and/or correctness. The Company shall not be liable for any discrepancy, error, inaccuracy, or any direct or indirect damage caused to any party.
The Company clarifies that the content included on the website is intended for general and informational purposes only and does not constitute a recommendation and/or opinion, including professional or medical advice. Any reliance on statements, opinions, advice, or any other content displayed on the website is at the User’s sole discretion and sole responsibility.
9.3
If an error occurs in the price and/or in any other characteristic of a product or service displayed on the website, such error shall not bind the Company. In any case of discrepancy or inconsistency between information appearing on the website and information supplied with the product and/or service at the time of actual purchase, the latter shall prevail.
9.4
The User agrees that responsibility for checking the website and its suitability for their needs rests solely with the User. Any risk arising from the use of the website rests solely with the User. The Company, its officers, employees, or anyone acting on its behalf shall not be liable for any direct, incidental, consequential, indirect, or punitive damages arising from access to the website or any use made of it.
9.5
Nothing stated on the website or in its content shall limit the Company in any way beyond what is permitted by law.
9.6
To the extent that any law provides that use of the website is intended for adults only, minors are prohibited from using the website. However, if a minor visits the website of their own free will, the Company shall not bear responsibility for such use, to the extent that the website or its use may be considered inappropriate for minors.
9.7
The Company may, at any time and without prior notice, at its sole discretion, make any change to the website or any part of it, discontinue or suspend operation of the website or any part of it, whether temporarily or permanently.
9.8
Features, models, designs, colours, or the appearance of products described or displayed on the website, including any product image or illustration, are for illustration purposes only unless expressly stated otherwise.
9.9
The website may include links, hyperlinks, or banners to third-party websites, which are not under the Company’s control and are not reviewed by it, including as to their reliability, legality, or security. Accordingly, the Company shall bear no liability of any kind in relation to the content published on such websites or any rights of third parties therein. The Company may, at its sole discretion, remove any link from the website and/or add additional links. The Company does not undertake that such links will be active or lead to an active website.
9.10
Any use of website content, including content provided by the Company and/or by third parties, and any access to third-party websites via links appearing on the website or advertisements appearing thereon, shall be at the User’s sole responsibility. The User shall have no claim against the Company in connection with website content and/or third-party content, including content relating to products and/or promotions, whether due to reliance on such content or due to any breach of privacy following such use.
10. Limitation Period
Without prejudice to the foregoing, the User hereby agrees that the limitation period in respect of any claim and/or demand against the Company shall be limited to 6 months, and the parties regard this as an agreement concerning the limitation period to the fullest extent permitted by law.
11. Governing Law and Jurisdiction
These Terms of Use shall be governed exclusively by the laws applicable to the operation of the Company and the website. The courts having jurisdiction in the area determined by the Company and/or by applicable law shall have exclusive jurisdiction in any matter relating to these Terms of Use.
12. Privacy Policy and Information Security
Your privacy is important to us. In order to improve the protection of your privacy, we provide the following information regarding our privacy policy and the options available to you when using the website, as well as our practices regarding the collection and use of information.
12.1
The Company implements systems and procedures for information security. However, the Company does not undertake that the website will operate without interruption and/or that the website and/or data collected and/or provided through it will be completely immune from unauthorised access and/or intrusion into the Company’s databases. The User acknowledges that the Company shall not be responsible for any direct or indirect damage and/or loss caused as a result of such events, including any breach of privacy.
12.2
The Company takes customary precautions in order to maintain, as far as possible, the confidentiality of the information and the privacy of the User. Any transmission of payment card details from the website is made in encrypted form according to accepted standards. However, in circumstances beyond the Company’s control and/or resulting from force majeure, the Company shall not be liable for any damage of any kind, direct or indirect, caused if such information is lost or used without authorisation.
12.3
The website is protected by an SSL protocol and by a Firewall system intended to prevent unauthorised intrusion. The system encrypts the information provided and allows it to be decrypted only by an authorised administrator.
12.4
The Company undertakes not to disclose the User’s payment card details to any party other than the payment provider and/or pursuant to a court order or judicial decision.
12.5
This Privacy Policy and these Site Terms apply only to information collected and stored in the Company’s databases through the website. The User agrees that use of the website, entering details into it, publishing content through it, and/or use of any of its platforms constitutes agreement to these Site Terms and the Privacy Policy.
12.6
When using and/or registering on the website, the User may be asked to provide personal information and/or other information for the purposes of using the website, publishing through the website, and accessing information available on it. It is clarified that the provision of any such information constitutes informed consent to its disclosure for the purpose of receiving the website’s services.
12.7
The User is not legally obliged to provide the personal information requested. However, in order to make optimal use of the website and the services offered through it, the User may be required to provide personal details. If the requested details are not provided, certain functions or services may only be available in part.
12.8
Information entered on the website is stored in the Company’s databases in accordance with applicable law and with privacy protection rules, at a high level of security appropriate to the sensitivity of the information. The Company takes reasonable measures to protect and manage the information as effectively as possible. Responsibility for safeguarding usernames and passwords rests solely with the User.
12.9
The information collected through the website may be used, among other things, for the following purposes:
- Updating the User with operational system notices, including notices relating to content or actions initiated by the User;
- Adapting website topics, advertisements, and commercial offers to the User’s areas of interest;
- General aggregated and anonymous use for statistical analysis, research, and improvement of website operations.
12.10
The Company may transfer certain information from the website to third parties as part of its regular operations, particularly public information published through the website, for the purpose of offering related services. The User hereby consents to this.
12.11
The website management shall not transfer Users’ personal details and information collected through the website to third parties except in special circumstances, including where the User has breached these Site Terms, where a court order is received, or in connection with a dispute, claim, or demand made by the User or any other interested party, and similar circumstances.
12.12
When entering details on the website and/or completing a transaction, the User understands and agrees that, for the purpose of registration and/or completing a transaction, only true, complete, and accurate details must be provided.
12.13
The Company takes customary precautions in order to maintain the confidentiality of information. However, in circumstances beyond the Company’s control and/or resulting from force majeure, the Company shall not be liable for any damage of any kind, direct or indirect, caused to the User and/or any third party if such information is lost and/or used without authorisation.
12.14
Clicking the “Submit” button and/or approving the Site Terms shall constitute the User’s consent to the Company and/or anyone acting on its behalf using such personal information in order to provide the User with information about the Company’s services and related information by email or otherwise, including market surveys and direct marketing, subject to the right to unsubscribe at any time.
12.15
It is agreed that consent to this Privacy Policy and these Site Terms shall also constitute consent for the purposes of applicable direct marketing and electronic communications rules.
12.16
The User undertakes not to collect and/or copy information from the website by any means, including technological means. The Company reserves the right to take legal action in any case of use of information displayed on the website other than in accordance with these Site Terms and/or applicable law.
12.17
The User further undertakes not to copy and/or reproduce information from the website other than for the permitted use of the website, not to perform any action that may disrupt the proper operation of the website, to use the website only in accordance with these Site Terms, and not to circumvent any technological measure used on the website and/or related systems intended to prevent prohibited actions.
12.18
A breach of any of the provisions of these Site Terms, and particularly of this section, shall oblige the breaching User to indemnify the Company for any damage caused to it as a result of such breach. The Company reserves the right to block, remove, and/or take any legal action it deems appropriate against any breaching User.
