Waterworks Terms of Use and Sale

Last Updated: July 27, 2018


This Site is operated by Waterworks Operating Company UK Ltd. We are registered in England and Wales under company number 8470022 and have our registered office at 10 John Street, London WC1N 2EB. Our main trading address is 579/581 King’s Road, London SW62EH. Our VAT number is 162 0414 50.

These Terms of Use and Sale (this "Agreement"), state: (i) the terms and conditions under which you may use the website located at uk.waterworks.com and all Content and Services, as defined below, available therein (the "Site") and (ii) the terms on which we sell and supply any Products via the Site.

The Site includes certain information, data, text, graphics, content and other materials (collectively, the "Content") relating to Waterworks Operating Company UK Ltd. and its affiliates (a/k/a "Waterworks," "us," "our," or "we"), and certain services (the "Services") and certain products promoted or made available through the Site ("Products").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE OR SUBMITTING ORDERS TO US.

By using the Site or submitting an order, you acknowledge that you have agreed to be legally bound by this Agreement.

BY USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT.

In some areas you will have different rights under this Agreement depending on whether you are a business customer or a consumer. You are a consumer if you are an individual and you are buying from us or visiting our Site for personal use.

IF YOU ARE ACCESSING OR USING THE SITE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN "ORGANIZATION"), THEN YOU ARE A BUSINESS CUSTOMER AND ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. References to "you" and "your" in this Agreement will refer to both the individual using the Site and to any such Organization.

We may update and change the Site and Products listed on the Site from time to time. In addition, we reserve the right to amend this Agreement at any time and from time to time for business and operational reasons by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. If you use the Site after such changes, you will be deemed to have agreed to the amended Agreement. The "Last Updated" legend above indicates when this Agreement was last changed.

UK USE ONLY

This Site is intended to be used only by persons who are residents of the United Kingdom. We do not accept orders from addresses outside the United Kingdom. Persons that access the Site from outside the United Kingdom do so at their own initiative and risk and are responsible for compliance with all applicable laws.

INTELLECTUAL PROPERTY RIGHTS IN THE SITE

You acknowledge that this Site and various elements contained in this Site are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now or in the future. You also acknowledge that the Content is and shall remain the property of Waterworks or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may print a single copy of the Content for your own personal, non-commercial use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. You must not use any part of the Content for commercial purposes without obtaining a licence to do so from Waterworks.

TRADEMARKS

Waterworks is the owner of certain registered trademarks, trade names, service marks and logos that are listed below, as well as other trademarks, trade names, service marks and logos used on the Site (collectively the "Waterworks Trademarks"). Other company, Product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Waterworks. You are not permitted to use the Waterworks Trademarks without our approval. You acknowledge that Waterworks will own all goodwill generated from the use of the Waterworks Trademarks.

Waterworks Trademarks include:

  • AMELIE ®
  • ARCADIA ®
  • ARCHITECTONICS ®
  • ARCHIVE ®
  • CAMPUS ®
  • CITRINE ®
  • ETOILE ®
  • MEDOC ®
  • COTTAGE ®
  • EASTON ®
  • ECHO ®
  • ETESIAN ®
  • METRIX ®
  • SAVOY ®
  • WATERWORKS ®
  • WATERWORKS STUDIO ®

SUBMISSIONS

Any information and materials, including comments, ideas, questions, designs, images, and other similar communications that you submit on or through the Site (collectively, "Submissions") will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. You acknowledge that Waterworks, and any of its affiliates, may use such Submissions, and any concepts, ideas, know-how or techniques contained in such Submissions, for any purpose whatsoever. You hereby grant to Waterworks and its affiliates a perpetual, worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), transferable and irrevocable right and license to use, store, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, create derivative works from, transfer, analyze, sell and otherwise exploit such Submissions, in any format or media not known or hereafter developed, for any purpose (including promotional purposes, such as testimonials), and to use your name and other identifying information in connection with such Submission. Waterworks has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. We have the right to remove any Submission if, in our opinion, your Submission is in breach of this Agreement. SUBJECT TO OUR PRIVACY POLICY, IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

LINKS TO OTHER WEB SITES

This Site may periodically provide links to third-party websites ("Third-Party Sites"). This Agreement governs only this Site and not any Third-Party Sites. Linking to a Third-Party Site is not an endorsement by Waterworks of the content or services in that linked Third-Party Site, or the provider of that Third-Party Site. If you decide to access linked Third-Party Sites, you do so at your own risk, and should direct any concerns directly to the administrator of the applicable Third-Party Site.

SECURITY

You must not attempt to gain unauthorised access to the Site. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. Waterworks reserves the right (but does not have any obligation) to view, monitor, record and analyze activity on the Site without notice or permission from any user. Any information obtained by monitoring, reviewing, recording or analyzing is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. Waterworks will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.

RULES OF CONDUCT

In connection with the Site, you must not:

  • Post, transmit or otherwise make available any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise failing to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
  • Post, transmit or otherwise make available any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful; harvest or collect information about users of the Site; or systematically download and store Site content.
  • Restrict or inhibit any other person from using the Site; interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein; reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law; frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service; or create a link to any part of the Site other than the home page, or remove any copyright, trademark or other proprietary rights notice from the Site.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Waterworks grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.

DISCLAIMER OF WARRANTIES

OUR SITE IS MADE AVAILABLE FREE OF CHARGE. FOR USE OF THE SITE, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND (B) NEITHER WATERWORKS NOR ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE "WATERWORKS PARTIES") MAKE ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE. DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY WILL APPLY TO LIABILITY ARISING AS A RESULT OF THE SUPPLY OF ANY PRODUCTS TO YOU, AS SET OUT IN OUR ORDER TERMS DETAILED BELOW.

Except as otherwise specified in this Agreement, while Waterworks uses reasonable efforts to include accurate and up to date information and photographs on the Site, Waterworks makes no warranties or representations (whether express or implied) as to the accuracy of this information and these photographs. Except as otherwise specified in this Agreement, Waterworks assumes no liability or responsibility for any errors or omissions in the content or photographs on the Site.

NO RESPONSIBILITY FOR CONNECTIVITY

You agree that you are responsible for the means you use to access the Site and all related costs. You understand that we are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.

LIMITATION OF LIABILITY

WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

FOR USE OF THE SITE, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) UNDER NO CIRCUMSTANCES WILL ANY OF THE WATERWORKS PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE; (B) IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THIS SITE; (C) IN NO EVENT SHALL ANY OF THE WATERWORKS PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, OR FOR ANY LOSS OF PROFITS, SALES, BUSINESS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL OR REPUTATION (WHETHER CONSIDERED DIRECT LOSS OR INDIRECT LOSS), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES; (D) YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE; AND (E) THE MAXIMUM AGGREGATE LIABILITY OF THE WATERWORKS PARTIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO WATERWORKS FOR THE RIGHT TO USE THE SITE, AND (2) TEN BRITISH POUNDS STERLING (£10).

DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY WILL APPLY TO LIABILITY ARISING AS A RESULT OF THE SUPPLY OF ANY PRODUCTS TO YOU, AS SET OUT IN OUR ORDER TERMS DETAILED BELOW.

INDEMNIFICATION

To the fullest extent permitted under applicable law, you agree to indemnify and hold harmless the Waterworks Parties for any and all claims, losses, liabilities, and expenses (including legal fees) arising from your Submissions, your use of the Site and/or any breach of this Agreement.

USE OF PERSONAL DATA

Your use of the Site may involve the transmission of your personally-identifiable information (the "Personal Data") to us. Our policies with respect to the collection and use of Personal Data are governed according to our Privacy Policy.

TERMINATION

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time for business and operational reasons. We will try to give you reasonable notice of any suspension or termination. If you do not agree with the terms of this Agreement or wish to terminate this Agreement at any time, you must cease all use of or access to the Site.

DISPUTES; GOVERNING LAW AND JURISDICTION

This Agreement and any dispute (including any non-contractual dispute or claim) arising out of, or connection with, this Agreement, shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales, except to the extent you are an individual consumer and applicable law would require otherwise.

NOTICE OF INFRINGING CONTENT

If you believe in good faith that materials available on the Site infringe your intellectual property rights or are defamatory or otherwise infringe your rights, you may send to Waterworks a written notice by mail or e-mail, requesting that Waterworks remove such material or block access to it. Notices must be sent in writing as follows: By mail to London GM, 579 Kings Road, London SW6 2EH, United Kingdom, or by e-mail to Londongm@waterworks.com.

PRODUCTS

The Site may make available listings, descriptions and images of goods or services or related coupons or discounts related to Products, as well as references and links to Products. Such Products may be made available by Waterworks or by third parties, and may be made available for any purpose, including general information purposes. The availability through the Site of any listing, description or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colours, however the actual colours you see will depend on your device and we cannot guarantee that your device will accurately display such colours. Crazing, shade, colour and size variations are inherent characteristics of tile, stone, furniture and wood products. Products received may differ in shading and size of samples received. All sizes are nominal. It is your responsibility to ascertain and comply with all applicable laws (including minimum age requirements) regarding the possession, use and sale of any Product. If we are making the Product to measurements that you have given us you are responsible for ensuring that these measurements are correct.

ORDERS

Order Process and Charges

Please review each order thoroughly for accuracy, quantities and estimated ship dates. Our acceptance of each order that you place for any Products will take place when we email you to accept it. If we are unable to accept your order (e.g., because the item is out of stock), we will inform you of this and will not charge you for the Product. Product availability dates are estimates only. We will make every effort to contact you in the event of a change to the Product availability dates. Waterworks will not be liable for any loss, expense or damage incurred by you if Waterworks fails to meet the estimated availability dates. Any additions to orders may result in color or production lot variation, price variation or delivery delays. Waterworks recommends ordering a fifteen percent (15%) overage on all tile and stone orders. Waterworks reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honouring of any coupon, discount or similar promotion; and, for valid business and operational reasons, to bar any user from making any Transaction; and to refuse to provide any user with any Product.

You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges displayed on the Site. All orders must be paid in full prior to shipping. Product, tax and freighting pricing are subject to change without notice. Taxes and freight charges on orders are estimates only and subject to change upon shipment based on current market conditions. All prices payable for Products are exclusive of all taxes. You agree to pay all applicable taxes. You may use the methods of payment specified during the order process.

Shipping

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Site. A Product will be your responsibility from the time we deliver the Product to the address you gave us or you or a carrier organised by you collects it from us. You will own a Product when we have received payment in full for such Product. During the order process we will let you know when we will provide the Products to you. You acknowledge that the delivery dates noted on the order are estimates. Waterworks assumes no liability for direct, indirect, special or consequential damages, lost working time, or any expenses that relate directly or indirectly to variations in delivery dates and times or in the unlikely event of a delivery being delayed, postponed or incorrect. All deliveries are curbside unless otherwise specified and additional charges may be applied for special delivery handling.

You must accept delivery of the Products within ninety (90) days of the initial requested delivery date. If you do not accept delivery within ninety (90) days of the initial requested delivery date, you will incur a monthly warehouse storage fee equal to eight percent (8%) of the total open order value (assuming Product availability). The storage fee will be assessed monthly and will be payable in full prior to shipment. All orders held for nine (9) months past the initial requested delivery date may be subject to cancellation and forfeit of deposit. You are responsible for a forty pound (£40) re-delivery fee on all shipments where you missed the scheduled appointment with carrier. You are responsible for a fifty pound (£50) re-consignment fee on shipments where you change the delivery address while the Product is in route.

Payment Information

In respect of each order, you may be asked to supply certain relevant information, such as your credit card number and its expiry date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card or other payment instrument that you submit in connection with an order. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating orders. Verification of information may be required prior to the acknowledgment or completion of any order. By making an order, you represent that the applicable Products will be used only in a lawful manner.

Cancellation and Refunds

If you are a consumer then, to the extent consistent with applicable law, you have a right to cancel an order for a Product within fourteen (14) days of making the order and receive a refund, provided that this right does not apply in respect of any orders for made to measure or bespoke products or other special orders.

In addition to this statutory protection for consumers, our goodwill returns policy entitles you to return Products within ninety (90) days of receipt, provided that the unwanted Product is returned in its original condition and unused. You are also entitled to the relevant Warranties that we offer, solely according to the terms of such Warranties available on uk.waterworks.com. Such Warranties set forth the exclusive warranties for the purchased Product(s). In respect of consumers, this goodwill returns policy and these Warranties will not affect a consumer’s legal rights in relation to faulty or mis-described goods.

EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH OR INCORPORATED BY REFERENCE HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WATERWORKS DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS RELATING TO PRODUCTS, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ANY IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS. No warranty shall apply to any Product which has been modified, repaired or altered, except by Waterworks, or which has not been maintained or applied in accordance with any handling or operating instructions supplied by Waterworks, or which has been subjected to unusual physical or electrical stress, misuse, abuse, negligence or accident.

All order cancellations or returns must be requested and arranged through a Waterworks sales consultant or our Client Services Department. Products may be returned within sixty (60) days from the date a return authorization was issued. Failure to do so will result in the return being cancelled and the return request denied. Products, with the exception of our Furnishings line, may not be returned to Waterworks showrooms.

If you cancel an order for any reason after Products have been shipped to you, you must return them to us by notifying us of your intent to cancel your order as soon as reasonably practicable, and we will work with you to have the items returned via return label, LTL, or other means acceptable to us. If you are a consumer exercising your right to change your mind you must send the Products to us within fourteen (14) days of notifying us that you wish to cancel the order.

If you are a consumer, we will pay the costs of returning the Products if the Products are faulty or mis-described in breach of your legal rights. In all other circumstances, you will pay the costs of return.

You must inspect deliveries within five (5) business days of delivery for damages, shortages, finish and colour. It is your responsibility to accept delivery and verify accuracy of the shipment. All claims for damage or shortage must be reported to our Client Services team (0800-917-9116) within five (5) business days from date of delivery. After five (5) business days, if no report for damage or shortage is made, Waterworks disclaims all responsibility for damage or shortage. Any visible damage or shortage during delivery must be noted on the freight carrier bill upon delivery.

You acknowledge that installation constitutes acceptance and Products may not be returned once installed. Always inspect your merchandise before installation. You must follow the installation guidelines on all Products where provided. Please refer to the American National Standards Institute and the Tile Council of North America for tile and stone installations. Waterworks recommends dry laying all tile and stone prior to installation services of any kind. Waterworks does not sell installation services of any kind and does not accept responsibility or liability for installation, sealing, refinishing or damages incurred as a result of installation.

If you are entitled to a refund under this Agreement, we will refund you the price that you paid for the Products including delivery costs (except for the supplementary costs that arise if you choose a type of delivery other than our standard and least expensive method of delivery), by the method that you used for payment. Return credit will only be issued based upon receipt and inspection of the Products. A refund will not be issued if the Products are not in their original condition or packaging. We will make the refund no later than fourteen (14) days after the day we receive back from you any Products supplied. However, we may make the following deductions:

(i) we may reduce your refund (excluding delivery costs) to reflect any reduction in the value of the Product if this has been caused by unacceptable handling of the Product while in your possession; and

(ii) all non-defective returns will be charged a twenty-five percent (25%) return process fee.

Special order Products, slabs, tile, stone and tubs are non-cancellable and non-returnable.

Limitation of Liability

In respect of your purchase of Products under this Agreement, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. In respect of consumers, we do not exclude liability for breach of a consumer’s legal rights in respect of the purchase of any Products. In all other respects, to the fullest extent permitted by applicable law, except to the extent expressly specified in this Agreement, we do not make any representations, endorsements, guarantees and warranties (express or implied) regarding the Products.

In respect of your purchase of Products under this Agreement, Waterworks shall not be liable for any loss or damage caused by delay in furnishing Products or any other performance under this Agreement. In no event shall any of the Waterworks Parties by liable for any indirect, punitive, incidental, special or consequential damages or for any loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, loss of goodwill or reputation (whether considered direct loss or indirect loss), whether based on warranty, contract, tort, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or any other legal theory, even if notified in advance of the possibility of such damages.

You acknowledge that the maximum aggregate liability of the Waterworks Parties for all damages, losses and causes of action, whether in contract, tort (including negligence), principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise in connection with your purchase of Products under this Agreement, shall not exceed the net purchase price of the Products actually delivered to and paid for by you hereunder.

MISCELLANEOUS

If any portion of this Agreement is held by a court to be invalid or unenforceable, such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Intellectual Property Rights, Trademarks, Submissions, Disclaimer of Warranties, Limitation of Liability, Indemnification, Disputes, and Miscellaneous shall survive the expiry or termination of this Agreement. The section headings in this Agreement are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You agree that the Waterworks Parties will not be responsible for any delay in performance directly or indirectly caused by circumstances beyond their control, including, but not limited to, Acts of God, inability to obtain material, equipment, or transportation, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, fire, explosion, flood, earthquakes, or natural disasters, accidents, strikes, labor trouble, shortage or other industrial disputes, wars, terrorist activities, acts of or authorized by any government or any other governmental restrictions. If, for any reason, we are unable to supply the total demand for specified Products, we may distribute available supply among any or all purchasers on such basis as we may deem fair and practical, without liability for any failure of performance which may result therefrom. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement contains the entire agreement of the parties concerning this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all applicable laws, rules and regulations that govern or apply to the operation and use of the Site from time to time, including, but not limited to, all export control laws. You must not make any use of the Site that would constitute a crime or would otherwise be in breach of applicable laws, rules or regulation. All rights not expressly granted in these Terms are reserved by Waterworks. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.

INFORMATION OR COMPLAINTS

If you have a question or complaint regarding the Site or any order made through the Site, please send an e-mail to Londongm@waterworks.com. You may also contact us by writing to 579 Kings Road, London SW6 2EH, United Kingdom, or by calling us at 44 20 7384 4000. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

If you are a consumer, the European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/.

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