www.ecowow.co.uk (the ‘Website) is operated by Circulogic Limited, registered in England with company registration number: 10083896 and registered address: 34 Waystead Close, Kingsmead, Northwich, Cheshire, CW9 8NN, England (hereinafter together referred to as "Circulogic/ecowow/we/us").
If you place an order through this Website, upon confirmation that such order is accepted a contract of sale will be executed between you and Circulogic Limited, which will be governed by these Terms and Conditions and specifically by the Purchase Terms below. The same Terms and Conditions apply where a contract of sale is executed through the issue of an Invoice.
2. Purchase Terms
Please read these Purchase Terms carefully before ordering Products online from the Website or via payment of a separately issued Invoice.
2.1 Application of Purchase Terms
These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by us. In other words, you agree to these Purchase Terms, when you (i) order anything from the Website, (ii) order anything at any web page directly connected to the Website or (iii) when you accept an offer (Invoice) from us. It is only possible to deviate from these Purchase Terms if agreed in writing by us.
We amend these Purchase Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 17th January 2020.
These Terms, and any Contract between us, are only in the English language.
2.2 Products and Product Specifications
We offer different types of products. This may include products fully designed and created by us (“Standard Products”), products that, although designed by us, may be customised or modified by you by selecting materials, colours or such other customisation to your liking (“Customised Products”), and products that we market on behalf of third parties (“External Products”), jointly termed “Products”.
All Products shown on the Website are subject to availability. This means that, although we strive to ensure our Website reflects the availability of stock, a Product shown on the Website may no longer be available for purchase. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made. In the case of limited edition or Customised Products, extra restrictions such as limiting the number of such Products per customer may apply. Customers wishing to order multiple Products should contact us directly (see section 4.7).
Our Products incorporate a number of recovered (secondary) components, whose specification and appearance vary. As such each product sold is unique, and will incorporate variations in look, colour etc. Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. We are not liable for these variations and deviations, which do not materially affect the quality or performance of our Products. Your attention is drawn to supporting images and information on social media websites directly accessible from the Website, where posted by us, which should be viewed prior to placing an order.
We continue to invest in material and product R&D, and as such reserve the right to make any changes in the specification of the Products, this includes making changes which are required to conform with any applicable safety or other statutory requirements.
2.3 Product Care
We draw your attention to any use and maintenance information contained on the Website and linked social media websites, where posted by us. We are not liable for any damage or injury resulting from incorrect handling of Products.
2.4 Consumer Rights and Contract Formation
As a consumer, you may only purchase Products from us if you are at least 16 years old.
You can only order on the Website if you are a consumer, not a reseller.
You guarantee that the information you provide to us in any contact request or order is accurate and complete. Incorrect information, such as incorrect delivery addresses, which result in your items being returned to us, may result in you incurring extra costs for the redelivery of your items.
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
After you place an order via the Website, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
We, or our courier, will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to under section 2.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
We will not file a copy of the Contract between us.
2.5 Product Pricing and Delivery
Prices for our Products will change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
The price of a Product as quoted on the Website includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will notify you in writing to inform you of this error and we will give you the option of continuing to purchase the Product 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 and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
The price of a Product as quoted on the Website includes delivery charges to the UK. We reserve the right not deliver to addresses outside the UK, or to the Channel Islands, PO Boxes or BFPO locations.
We will deliver to the UK billing address provided by you when placing an order through the Website, or as amended during the order confirmation process (2.5). Our courier will make 3 attempts to deliver any Products to the address you gave us when placing an order. If a delivery attempt is unsuccessful, you agree that the courier we have engaged for the delivery may also deliver the Products to a neighbouring/nearby address or safe place, after which we are deemed to have met our obligation to deliver the Products. The carrier will notify you of the delivery to the neighbouring/nearby address or safe place. After 3 attempts to deliver our couriers reserve the right to return the Products to us, or to destroy any Product if you do not tell them what to do with it. In most cases delivery should be made within 3-5 working days of order acceptance.
You can only pay for Products using a debit card or credit card, including through the use of third party payment service providers that we may use.
Payment for the Products and all applicable delivery charges is in advance.
2.7 Cancellation and Returns
As a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2014) during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of fourteen working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
To cancel a Contract in accordance with your legal right to do so, you must contact us in writing by sending an e-mail to email@example.com. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you send us the e-mail.
You will be liable for any delivery costs associated with returning Products, except in cases where we have sent you an incorrect or faulty Product. Where the same applies, we reserve the right to issue refunds excluding the original delivery charge.
Instructions for returning Products will be provided following receipt of a cancellation request from you in writing or through content posted by us on linked social media websites.
All products come with a 12 month warranty covering defects in materials and workmanship.
3. Use of the Website
Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the Website and any content created by us on social media websites, including without limit Facebook, Instagram and YouTube (together: the “Website”). These Use of the Website Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined below), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.
3.1 Content on the Website
All of the content featured or displayed on the Website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Circulogic, its affiliated companies, its licensors or its content providers. All elements of the Website including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, Trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Circulogic, no portion or element of the Website or its Content may be copied or retransmitted via any means. The Website, its Content and all related rights shall remain the exclusive property of Circulogic, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.
3.2 Intellectual Property
The copyright in all Content is and remains owned by Circulogic, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Website, you are authorised to view, play, print and download Content found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of Circulogic. For purposes of these terms, the use of any such Content on any other Website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Website.
All trademarks, registered design numbers, logos and trade names which appear on Products, product packaging and/or on the Website, whether registered or not (the “Trademark”) remain the exclusive property of Circulogic, its affiliated companies or its licensors (as appropriate) and are protected by applicable Trademark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Circulogics' prior written consent. The use of any of the Trademarks on any other Website or network computer environment, for example the storage or reproduction of (a part of) the Website in any external internet Website or the creation of links, hypertext, links or deep links between the Website and any other internet websites, is prohibited without the express written consent of Circulogic.
3.3 Disclaimer of Warranties
The Website and the Content are free of charge and provided 'as is' and without any warranties of any kind. The information on the Website is for general information purposes only and does not constitute advice.
Circulogic does not represent or warrant that the information and/or facilities contained in the Website are accurate, complete or current, or that the Website or the server that makes the Website available are free of viruses or any other harmful components. Further, Circulogic will not provide for specific IT infrastructure or connectivity. Thus Circulogic cannot represent or warrant the Website will be uninterrupted or error free. Circulogic does not make any warranties or representations regarding the use of the Content on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
3.4 Limitation of Liability
Your use of the Website is at your own risk. Neither Circulogic, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Website, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website, or the performance of the products or otherwise arising out of or in connection with these Use of Website Terms and Conditions, even if Circulogic has been advised of the possibility of any such damages.
3.5 Links to Third Parties
3.6 Website Misuse
You are prohibited from using the Website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Circulogic may deny you access to the Website at any time in its sole discretion, and which shall include situations where Circulogic believes that your use of the Website is in breach of any of these Use of Website Terms and Conditions and/or applicable laws.
You are also prohibited from using the Website to advertise or perform any commercial solicitation.
You may not use any software, robot, crawler, spider, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the Website or its content or circumvent the structure or presentation of the Website or any of its content or (b) to interfere with the operation of the Website or any transaction being made on the Website or interfere or affect any person's use of the Website or to help facilitate any third party to purchase any product on the Website.
You may not attempt to gain unauthorised access to any part or feature of the Website or any system connected to the Website by hacking, password mining or other illegitimate or unauthorised means.
3.7 User Generated Content
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials (including your personalisation of Customised Products) that you or other users of the Website post to the Website or transmit using the Website (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, Circulogic shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (licence grant). You acknowledge and agree that Circulogic only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. Circulogic shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall Circulogic be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of Circulogic. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the licence as stipulated in this paragraph. You agree to indemnify and keep Circulogic and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Circulogic or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Website.
Circulogic reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which Circulogic believes is not in accordance with these Use of Website Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Circulogic.
You agree to promptly notify Circulogic in writing (see section 4.7 on how to contact us) of any User Generated Content (or other Content) which breaches these Use of Website Terms and Conditions. You agree to provide to Circulogic sufficient information to enable Circulogic to investigate whether such User Generated Content (or other Content) breaches these Use of Website Terms and Conditions. Circulogic agrees to make good faith efforts to investigate such complaint and shall take such action as Circulogic in its sole discretion decides. However, Circulogic does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
4. Other Important Terms
4.1 Our Liability to you as a Consumer
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession)
- Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples)
- Defective products under the Consumer Protection Act 1987.
4.2 Events Outside our Control
Circulogic will be not held responsible for any delay or failure to perform or comply with our obligations under these Terms when the delay or failure arises from any cause which is beyond Circulogics’ reasonable control.
4.3 Sub-Contracting and Assignment
Circulogic reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under these Terms without our written consent.
Each provision of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions.
These Terms are governed by English law. This means a Contract for the purchase of Products through the Website or through the issue of an Invoice and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
4.6 Environmental Claims
We are committed to using a high proportion of recovered and recycled material in our Products and to maximise use of recyclable packaging. All Product environmental claims on the Website are ‘self-declared environmental claims’ made in accordance with BSEN ISO I4021:2016.
4.7 Contacting Us
If you wish to contact us for any reason, you can do this via e-mail to firstname.lastname@example.org.