Definitions
1.1 Ultra Soft
Ultra Soft Water Softeners Ltd (https://ultra-soft.co.uk) or ‘Ultra Soft’ is a private limited company incorporated according to the laws of England and Wales under the registered company number 13808476. Registered office address 15 Chippendayle Drive, Harrietsham, Maidstone, Kent, ME17 1AD.
1.2 Consumer
Reference to the individual, company, partnership or other that purchases goods from Ultra Soft. This does not extend to third parties who may become the ultimate end user of the product.
1.3 Goods
Reference to any product sold or supplied by Ultra Soft.
1.4 Terms
The terms and conditions set out here outlay the terms of the contract between Ultra Soft and the consumer in regards to the supply of all goods by Ultra Soft to the consumer. Variations to the terms laid out here will only apply if agreed in writing by Ultra Soft.
1.5 Contract Formation
The contract will be formed in the occurrence of one of the following events:
- If ordering goods using the Ultra Soft website, the contract is formed when payment has been confirmed by the consumer for the goods listed in the consumers online cart;
- If ordering goods by telephone, the contract is formed when authorisation of the use of payment details has been provided by the consumer to the telephone operative of Ultra Soft;
- If ordering goods using an order form, the contract is formed when the consumer signs the order form;
1.6 Subject Matter Of The Contract
The subject matter of the contract will be detailed in one of the following ways:
- If ordering goods using the Ultra Soft website, the contractual subject matter are the goods listed in the consumers online cart;
- If ordering goods by telephone, the contractual subject matter are the goods requested by the consumer to (and confirmed are available to the consumer) by the telephone operative of Ultra Soft;
- If ordering goods using an order form, the contractual subject matter are the goods as displayed on that order form;
1.7 Price And Payment
The price of the goods that form the subject matter of the contract is the price referred to on the website or confirmed by the telephone operative of Ultra Soft. Where goods are ordered via the website, by telephone or by means of an order form the payment for the goods is due immediately upon formation of the contract.
Packaging, Handling And Delivery
2.1 Delivery Dates
Delivery dates quoted by Ultra Soft are approximate only. Ultra Soft will not be liable for the delay in delivery of the goods however this delay may be caused.
2.2 Delivery Methods
Delivery method will be at the absolute discretion of Ultra Soft to the delivery destination, both on or as close to the delivery date as is reasonably practicable in all circumstances.
2.3 Special Delivery
In the event that the consumer requests a special delivery on a day or at a time outside of normal delivery hours, Ultra Soft reserves the right to make an additional charge and will advise the consumer of any such additional charges at the point at which the order is confirmed. In this instance delivery date is still approximately only and time shall not be of the essence for delivery.
2.4 Delivery
When the goods have been delivered to the delivery destination nominated by the consumer, delivery shall be deemed to have taken place.
2.5 Card Holder
Where payment of goods has been or is to be made by credit or debit card, then Ultra Soft reserves the right to only deliver the goods to the address registered to the holder of that card.
2.6 Delivery Acceptance And Storage
If, for any reason, the consumer is not able to accept delivery of the goods when they are due and ready for delivery then Ultra Soft may, in its absolute discretion, pass on any applicable charges for arranging re-delivery. In the event that goods are returned to sender then Ultra Soft may arrange for the storage of the goods and the consumer shall be liable for the reasonable costs of storage (including insurance). After a period of six months from the date of order placement and as such the formation of the contract, Ultra Soft reserves the right to dispose of the goods. A 30 notice of intention to dispose will be provided to the consumer. This provision is without prejudice to any of Ultra Soft’ rights in relation to a failure by the consumer to take delivery of the goods or pay for them in accordance with the terms of the contract.
2.7 Insurance And Packaging
Ultra Soft reverses the right to add additional insurance and packaging charges to protect any goods during transit.
2.8 Refusing Delivery
In the event that a consumer refuses delivery, Ultra Soft reserves the right to charge in full for the attempted delivery and any costs of having the goods returned to Ultra Soft. These charges shall be deducted from any monies due as part of a refund. Where delivery is being made to a third party, the onus is on the consumer making the purchase to be sure that the third party is aware of the details of delivery. In the event of a third party refusing delivery the full cost of delivery and collection will be deducted from any monies due as part of a refund to the purchaser.
Where delivery to a third party has been attempted (and refused) Ultra Soft reserve the right to deliver the goods to the premises of the purchaser (the consumer who placed the order) for any further delivery attempts.
Incorrect Orders, Breakages And Damages
3.1 Notification
Ultra Soft must be notified of any damage or defect in the quality or condition of the goods including any incorrect or shortage of products within 24 hours of the receipt of goods by the consumer. This must be done by email to sales@ultra-soft.co.uk or by telephone (01622 933 853). In the event that Ultra Soft request photographic evidence of any breakage, damage or error then this should be provided by email and as and when requested.
Returns
4.1 Cancellation Prior To Despatch
Should the consumer wish to cancel the order prior to despatch Ultra Soft will endeavour to refund the consumer within 14 days of the request to cancel. The consumer may cancel the order at any point prior to despatch, this must be done by telephone or email with verbal or written confirmation of the cancellation. In the event that verbal or written confirmation is not received and the order is despatched, any delivery charges paid will still be incurred by the consumer. For orders cancelled prior to despatch Ultra Soft reserves the right to add a discretionary charge for any transaction fees incurred as a result of a cancelled order.
4.2 Cancellation After The Delivery Of Goods – 14 Day Cooling Off Period
The good must have been ordered on Ultra Soft’ website or over the telephone with a representative of Ultra Soft. The Consumer Contract (Information, Cancellation and Additional Charges) Regulations will apply.
The consumer must notify Ultra Soft that they no longer require the goods within 14 days of delivery. This must be done through our returns page (https://ultra-soft.co.uk/refund-returns/) by email (sales@ultra-soft.co.uk) or by telephone (01622 933 853). No other form of communication for returns can be accepted.
The consumer will be issued with a return number and will be provided with clear instructions as to how to return the goods. Ultra Soft endeavour to do this within 48 hours of receiving the return request. Return numbers are only valid for 14 days from the date of issue. Failure to return the goods within 14 days of the return number being issued will result in the goods being refused and returned to the sender.
Return codes are associated with specific items only and can not be used for a return that has not previously been authorised. If additional goods are returned that have not been authorised these items will remain the property of the consumer. In the event of unauthorised items being return it will be the responsibility of the consumer to retrieve the items from Ultra Soft. Under no circumstances are unauthorised returns eligible for a refund. After a period of 30 days from receipt of an unauthorised return Ultra Soft reserve the right to dispose of the returned items with no further communication with the owner of the goods.
The goods must not have been installed or used in any way and must be returned in re-sellable condition.
Where consumers exercise their right to cancel after the goods have been delivered, the consumer will be responsible for returning the goods at their cost and ensuring that they are delivered to Ultra Soft unused and in re-sellable condition. Returned goods will only be accepted if they are returned in the original packaging, are complete, unused and with any instruction manuals that were supplied with the goods. The goods must be in a condition to return to our stores as new, which includes free of odour.
The consumer has a statutory duty to take good care of the goods during this 14 day cancellation period and to return the goods to Ultra Soft. Ultra Soft reserve the right to retain any costs incurred for the original delivery of the goods to the consumer. The consumer is responsible for obtaining proof of delivery, insurance and proof of receipt of any goods being returned. Ultra Soft cannot accept any responsibility for good received damaged upon return or for the non-arrival of returned goods.
In the event of a partial return where the goods were purchased as part of a promotional package and the consumer wishes to keep part of the order, Ultra Soft reserve the right to re-charge the items kept by the consumer at normal retail price.
Where goods have been purchased as part of a special offer, such as where an item or items are part of a promotional or package discount, the refund due on the returned item will be the discounted price and not the normal retail price. Ultra Soft reserve the right to request all items of a discounted package are to be returned for a refund in some circumstances. Where goods are returned, Ultra Soft reserves the right to incur charges of up to £30.00 to cover new packaging including, but not limited to, the examination of the goods and any associated administration costs.
All refunds are processed within 14 days from the receipt of the returned goods at Ultra Soft, subject to the terms of return being fulfilled as detailed in section 4 of these terms and conditions. If for any reason the consumer refuses delivery of the goods Ultra Soft reserve the right to deduct all actual transportation costs from any refund that may be due (regardless of whether transportation has been charged as part of the original transaction or not.
Exemptions
There are some circumstances where we are unable to accept a return/offer a refund.
4.3.1 Bespoke Or Special Orders
Bespoke or special order goods made to the consumers own specification can not be returned under any circumstance unless faulty. In the instance of a fault to a bespoke or special order item a replacement will be supplied, subject to fault testing and necessary checks by Ultra Soft.
4.3.2 Sealed Goods
Goods that are sealed for health protection and/or hygiene reasons. We do not specifically accept the return of reverse osmosis systems or associated replacement filters and membranes for returns or refunds due to hygiene reasons.
4.4 Business To Business Transactions
Business to business transactions – where a purchase is a ‘business to business’ transaction, Ultra Soft reserve the right to charge a maximum of 30% of the total value of the order for restocking and rehandling. This is in addition to any transport charges raised where goods have been returned or rejected as detailed previously in these terms and conditions. Actual transportation charges will be deducted from any refund due regardless of whether or not a transportation fee was charged at the point of sale.
Warranty
Ultra Soft offer a 2 year warranty with the manufacturer on Domestic Water Softeners only, starting from the date of delivery of the goods.
Should an item become faulty and Ultra Soft accept the goods for investigation, the goods will remain the property of the consumer during the investigation period. As such consumers agree to accept their goods back at the end of the investigation period and subsequently pay for their return in the instance that no fault is found. This forms part of the agreement to our terms and conditions in accepting goods under the warranty agreement. Warranty cover can be parts only, labour or parts and labour with finite time periods and is specific to each product.
A general overview of the warranty provided is available on our warranty page (https://ultra-soft.co.uk/warranty-information/) however a comprehensive breakdown of cover is available below.
5.1 Defective Goods
Ultra Soft warrants to the consumer that if the goods are or become defective and that in the opinion of Ultra Soft, the defect is due to faulty materials or workmanship, Ultra Soft will from the date of sale of the goods to the consumer (and during the warranty period appropriate to the goods) repair or replace at its sole option, free of charge, the goods, any such defective component part of the goods, subject to the terms outlaid below.
5.2 Installation And Operation Instructions
The goods must have always been used in accordance with any installation and operating instructions provided or available on the Ultra Soft website. Including and not limited to the following:
- The system is properly sized and has been purchased directly from Ultra Soft;
- The system has been correctly installed in accordance with our installation instructions and operating parameters including water pressure and water flow;
- The system has been used for normal domestic purposes, only using water from a municipal supply;
- The system has been correctly maintained within our specification;
- The system has not been serviced, maintained, repaired, disassembled or tampered with by any person without prior authorisation from Ultra Soft;
5.3 Breakdown Or Faults
Any warranties offered by Ultra Soft only covers breakdowns or faults due to a defect in materials or workmanship. It does not cover acts of god, wear and tear, gradual deterioration in performance, or failure caused by any of the following: connection to incompatible equipment, moisture ingress, fluid or foreign bodies, physical stress, electrical stress, connection to an electrical supply for which it has not been adjusted, lightening strike, improper storage, use or operation in an unsuitable environment or inappropriate applications, incorrect installation, lack of regular routine servicing and maintenance, accidental damage or damage caused through negligence or misuse, items considered by Ultra Soft to be of consumable nature, use of parts of consumables not approved by Ultra Soft, unauthorised modification, incorrect adjustment or repair and servicing.
Ultra Soft reserve the right to withdraw or discontinue any warranty or service activity in light of any of the instances covered in 5.1, 5.2 or 5.3.
5.4 Replacement Goods
Should a breakdown occur and replacement goods are provided in place of a repair to the original goods, the replacement goods shall be regarded as a like for like replacement and the balance of any remaining warranty period from the purchase of the original goods be transferred to the new goods. Subject to product availability Ultra Soft reserves the right to provide a fully refurbished exchange unit as the replacement goods. Should this solution be unavailable an alternative model of the same or higher specification will be provided. When replacement goods are provided, ownership of the replacement goods will vest in the consumer and ownership of the replaced goods will vest in Ultra Soft.
5.5 Remedy
The sole and exclusive remedy under any warranties is for the repair or replacement of the goods or replacement of any defective parts (excluding water softener resin). No other remedy, including without limitation, incidental or consequential damage or loss of whatsoever nature shall be available.
5.6 Proof Of Purchase
Any warranties are made available to the consumer who is the initial purchaser of the goods from the date of purchase, provided that suitable proof of purchase can be produced. Warranty can not be transferred and the place of performance of any service provided under warranty shall be within the UK and Northern Ireland only. Warranty with Ultra Soft is ‘return to base’ under all and any circumstances.
5.7 Liability
Ultra Soft shall not be liable for installation or removal or de-installation or re-installation of the goods or for any call out charges. Ultra Soft shall not be liable for delivery or collection costs relating to equipment repair or replacement for any loss, consequential or otherwise caused by a delay in the performance of services provided for under this warranty and at its sole discretion, subject to terms prevailing at the time be they territorial or otherwise reserve the right to withdraw (in part or total) other services which may have been offered from time to time. Ultra Soft will not provide an alternative or ‘loan’ unit whilst the consumers goods are being investigated.
5.8 Return Of Goods
It is the responsibility of the consumer to arrange to the return of goods to Ultra Soft, including the cost of secure packaging, insurance to cover the goods during transit from the consumers address to Ultra Soft and the cost of shipping the goods. The goods remain the property of the consumer during the investigation period.
5.9 Reimbursement Of Return Paid
Should the goods be deemed to be faulty and covered under the warranty arrangement then the costs of returning the goods to Ultra Soft will be reimbursed subject to a maximum amount. The consumer should retain copies of receipts in order for reimbursement to occur. Ultra Soft will cover the cost of returning the repaired or replacement goods to the consumer.
5.10 Goods Deemed Fault Not Found
Where the goods are deemed to be ‘fault not found’, the packaging, insurance and transit costs will be the responsibility of the consumer. Ultra Soft reserve the right to charge the consumer for the cost of returning the goods, including insurance, additional packaging and for subsequent charges for storage and disposal should the consumer decide not to accept the return of their goods for any reason.
5.11 Warranty Exclusions
The warranty does not cover:
- Component parts that due to their nature become worn and are expected to be replaced during normal use;
- Component parts that have a finite life and need to be replaced as part of a maintenance routine;
- Parts or equipment not suppled by Ultra Soft or through an approved UK or Northern Ireland re-seller;
- Parts or equipment that require regular replacement within certain timeframes where: replacements have not been fitted or have been fitted incorrectly, the wrong replacement part has been used or where timeframes for the replacement of parts have been extended.
- Damage resulting from transportation, improper use, neglect (including not being filled with water softener salt, using incorrect salt and the introduction of foreign bodies by whatever means);
- Systems not installed in accordance with local regulations;
- Systems installed in a way whereby access for service or removal is restricted, including non installation of a bypass facility. In these cases the customer must arrange to have a bypass facility added post-installation in order to facilitate the removal of the softener in the instance that there is a warranty issues with the system;
- Resetting the programmer in the event of power failure, incorrect programming or when the influent water hardness or number of people in the household changes;
- Systems that are improperly installed, faulty plumbing or faulty electrics;
- Systems that have been installed outside of mainland UK;
- Systems installed in commercial premises unless specifically configured and supplied for commercial use (which must be stated at the time of sale);
- Systems that are subject to extreme environments without correct protection that could result in damage to the unit;
Ultra Soft reserves the right to withdraw warranty absolutely in these circumstances and to make any necessary repair chargeable for parts and labour. Nothing in our warranty affects the statutory rights of the purchaser of one of our systems. Any faults that can not be attributed to the system but arise due to faulty installation or operation will be chargeable whether they can be rectified or not.
Disclaimer
The provisions of this disclaimer shall be for the sole benefit of Ultra Soft. All goods are supplied or sold for use on water supplies only and should not be used for any other purpose. The consumer of any goods is continually responsible for the thorough verification of the potential risks associated with and suitability for the use of the goods. Ultra Soft provides no warranty unless explicitly stated and it shall not be implied, whether through any description or otherwise, that any goods confirm to, or are suitable for any specific purpose, unless written confirmation of such as warranty as to the suitability of the goods for the purpose address specific goods and consumer.
7.1 Recommendations
Ultra Soft may recommend specific goods to a consumer. Any recommendations are solely based upon the information provided by the consumer to Ultra Soft. Therefore any recommendations made by Ultra Soft to a consumer in relation to any goods shall be provided as only an opinion and shall not be constructed as an express or implied warranty as to any recommendation given, unless written confirmation of a warranty to that effect is provided by Ultra Soft to the consumer and the consumer is referred to the clause immediately preceding this. Ultra Soft take no responsibility for evaluating the safety or risk levels of any goods, nor have any goods been evaluated for safety by any other agency.
7.2 Where a consumer is seeking help (in sourcing spare parts or any other such assistance) for any unit not originally supplied by Ultra Soft the consumer accepts that such assistance and or advice is given in good faith by Ultra Soft. When purchasing parts or consumables for a unit purchased elsewhere the consumer accepts that any supply of such parts is at their own risk. If it is subsequently found that supplied parts are incorrect, the consumer accepts that any request for a refund will be at the discretion of Ultra Soft.
7.3 Ultra Soft endeavour to give our best possible suggestions for products and water treatment solutions, but cannot accept responsibility for system performance guarantees due to circumstances beyond our reasonable control. Any goods provided are on a supply only basis, unless otherwise agreed in writing, and we strongly recommend that such equipment be installed by a qualified installer. We accept no liability for poor installation, commissioning, and on-going maintenance of any goods supplied.
Title
Title in the goods will remain with Ultra Soft until cleared funds are received in full by Ultra Soft for the payment of the goods.
Risk
If it is agreed that the goods will be delivered to the consumer, the goods will be on the consumers risk upon delivery of the goods to him/her/them. If it is agreed that the consumer will collect the goods, the goods will be on the consumers risk upon collection by him/her/them. If the consumer is returning the goods by delivery to Ultra Soft, the goods will be on the risk of Ultra Soft upon delivery. If the consumer is returning goods by Ultra Soft collecting the goods, the goods are on the risk of Ultra Soft upon collection.
Data Protection
Under the Data Protection Act, and the more recent General Data Protection Regulation, we have a legal duty to protect any information that we collect from you. We maintain strict security standard to prevent unauthorised access to data of any sort. We collect consumer’s details, including but not limited to their address, contact information, purchases and any communication that passes electronically or otherwise.
Privacy Policy
This privacy policy combined with our the terms and conditions on this page, sets out how Ultra Soft Water Softeners Ltd uses and protects any information that you give upon use of the website and affiliated services. We are committed to ensuring that your privacy is protected and controlled against the requirements expected of us as a business. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy policy.
When We Collect Personal Data:
In some cases we will collect personal data where-required for customer experience purposes, in the following instances:
- When you create an account with us
- When you sign up for a newsletter
- When you purchase a product
- When you fill out a review or survey
- When you enquire about a product and/or service
- When you make a return
- When you make a complaint
Public data sources may also be used to gather data where-appropriate and where consent has been given, or where the information is made public as a matter of law.
We May Collect The Following Information:
- Name and job title
- Contact information including email address and phone number
- Demographic information such as postcode, preferences and interests
- Other information relevant to customer surveys and/or offers
What We Do With The Information We Gather
We require the above information to understand your needs and provide you with a better service. Below we list some of the potential uses of your data:
- Internal record keeping
- Legitimate interest of the customer will be used to provide contact to improve user experience through non-promotional emails before an opt in is required (for example to gather feedback on services)
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided (of which users are required to opt in)
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, or mail. We may use the information to customise the website according to your interests.
We will only keep your data for as long as it is necessary for the purpose of which it was collected, at the end of which period all sensitive data will be removed. Any non-sensitive data (such as product ordered, or order value may be used for statistical analysis and business planning in the future. Personal data from orders will be held for a maximum of 5 years to ensure that we can comply with legal and contractual obligations (such as for tax/vat purposes).
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online and we do not store credit card details nor do we share customer details with any 3rd parties.
HTTPS protocols are used throughout our website and include the checkout process, such measures are used as a preventative strategy to maintain security throughout the browsing and shopping experience. Internal access to personal data is password protected and maintained by the data controller within that department.
How We Use Cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree to use our website, the file is added and the cookie helps analyse web traffic or lets you know what particular site a visit may have came from. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. By using our website you explicitly accept our use of cookies as specified within this policy.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may however, prevent you from taking full advantage of the website.
Links To Other Websites
Our website may contain links to other websites of interest which may or may not be direct affiliated with us as a business. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling Your Personal Information
You may choose to request an update or removal of the personal data stored against you as an individual under the Data Protection Act 1998, in this case we ask you to contact us directly either via email, phone or through contact forms available on site. If you have previously agreed to us using your personal information for direct marketing purposes, you may also change your mind at any time by getting in touch or clicking ‘unsubscribe’ available at the bottom of any marketing communication.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
Notification Of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of an order or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.