Introduction and Acceptance of the Terms and Conditions
The general Terms and Conditions of Sale detailed below govern the contractual relationship between the “User” (hereafter also referred to as “You” or the “Customer”) and “pHur” (hereafter also referred to as “We” or the “Website”). Both parties accept these Conditions unreservedly. These general Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of express written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our general Conditions of Sale. These Terms and Conditions of Sale are important to you and pHur as they are used to protect your rights as a valued customer and our rights as a business.
Changes to the Terms of Service and the Website
The Website is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.
Access to the Website
We work hard to ensure the Website is always up and available, but we can’t guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for regular updating of products and for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.
Parts of the Website require you to input a password to access certain features. This is to be able to give you details relevant to your order whilst still keeping them private to you. To do this, as part of our security procedures, we require you to register an account with pHur by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third party and only using pHur in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms of Service.
pHur takes great care when putting product information, descriptions and images on-line but will not be held responsible for any mistakes or omissions to any information given.
The prices indicated on the Website are shown in United States dollars and do not include taxes or shipping. Taxes and shipping costs are clearly shown and invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any moment but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.
We will always endeavour to fulfill your order once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment. If your order includes products that are temporarily unavailable, we will send the available products out first and will follow with the outstanding items once they are available again. We will refund the shipping fees for the rest of the order. If relevant, we will offer you a replacement for an unavailable product, a product of equal price and quality. If you accept the replacement, and then wish to return it to us in the conditions outlined under Right of Return, the return postage will be covered by us. If you choose to decline this offer, and the original product is permanently unavailable, we will reimburse the price of the unavailable product.
The Website currently accepts major credit cards as the payment method for orders. This payment option uses advanced SSL encryption to keep your transaction secure and does not cost you anything to use.
Your order will be delivered to the address you indicated when your order was placed. The products purchased on pHur will be delivered to one address in the approved continental United States. Currently, we do not deliver to international addresses or PO Box addresses.
pHur does everything in its power to respect the delivery times indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.
If your product is shown to be “in stock” on our website when you place your order, delivery schedules are:
Payment validation + order preparation + parcel collection by carrier = 24-48 hours
Delivery times of your parcel(s) according to the carrier you have chosen. Carrier delivery times start from the moment you receive an e-mail confirming order dispatch. Dispatch and delivery times are given in working days.
Please check your received order carefully for any anomalies or damage. If there is damage, record this on the delivery invoice when signing for your goods, then contact us immediately by email to info@pHurwater.com to advise us of this. Without prejudice and with respect to the applicable legal guarantees, we recommend that you address any reservations you may have pertaining to malfunctioning products on the date of delivery as quickly as possible.
Right of Return
pHur allows you 15 days to return a product that you are not satisfied with. Your right of return starts from the moment your order is delivered. You can return the product to us within this time frame. You will receive a full refund minus postage and a $5.95 restocking fee. Email your name and reason for the return to firstname.lastname@example.org to start the simple return process. pHur subscription cancellations can be completed within your pHur Water account profile. Cancellation requests must be received 5 business days before the next scheduled refill.
If the product is returned within 15 days of its delivery, the User will be reimbursed via the same payment method as was used initially.
For any returned package, please go to the Website FAQ’s and follow the instructions for returning that item. Shipping fees are your responsibility, except if the product does not conform to the description of said product (you are responsible for any damage done during the shipping of the returned goods).
Several types of warranties are available for the products sold on our website. All products sold on the Website, whether they are new or used, come with a legal guarantee concerning product conformity, as outlined in the following legal clauses. The aforementioned guarantee may be used in conjunction with extended warranties. Pursuant to the legal guarantee concerning product conformity, pHur commits to delivering your order in accordance with the provisions of the concluded sales agreement. We will also take responsibility for any latent defects noticed upon delivery.
To comply with the terms of the contract, products must:
1) Match the description given on the website.
2) Be suitable for the purpose usually associated with such a product, or be suitable with any other purpose required by the customer. The customer will have informed pHur of the required purpose before placing their order, and pHur will have formally confirmed the suitability of the product.
3) Have the features and purpose that customers would expect from such a product, given the product type and description on the website.
In the case of a lack of conformity, you shall be entitled to have the goods brought into conformity free of charge by repair or replacement. The legal guarantee concerning product conformity covers all latent defects discovered within 15 days from the date your product was delivered.
The legal guarantee concerning product conformity does not apply in some cases:
– when damage is caused by external factors such as shocks, lightning, power surges, rust and sand.
– when damage is caused by the customer’s non-respect of the manufacturer’s instructions regarding the use and installation of the product.
– when damage is caused by the customer’s misuse of the product.
– when the customer is aware of damage to the product at the time of placing their order.
pHur will not be held liable for poor use and its consequences on the products purchased from the Website.
Privacy and protection of personal data
The details you give us are essential for the processing and delivery of your orders, for billing and for the establishment of warranty contracts, therefore failure to provide these details will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present general Terms and Conditions.
You have the permanent right to access and rectify all the information that concerns you, in accordance with United States laws in place. You can at any time make a request to pHur to find out what personal information we hold concerning you. You may at any time, and by request, modify this information. If you accepted to receive our promotional e-mails when you registered on the Website, offers including new items, clearance, exclusivities, sales offers, etc. will be sent to you. You may at any time request not to receive any further e-mails from us by emailing your request to info@pHurwater.com
Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to our site and suggest products that might interest you according to the items that you selected when you previously visited the site. Before any information is recorded, an alert message will ask you whether you would like to enable cookies, and you may refuse if you wish. Cookies do not contain any confidential information about you.
All the content on the pHur website (illustrations, texts, names, brand names, images and videos) is the property of pHur, its co-contractors or partners. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorization by pHur. All information, content, files and software offered by our services is protected by International law concerning intellectual ownership and copyright. pHur cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under United States intellectual property law.
pHur will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.
Waiver and Severability
Any failure of pHur to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and pHur, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Feedback and Comments
We welcome any comment, question, and communication at info@pHurwater.com
Any opinions left on the Website by pHur customers are screened and moderated by the marketing team. If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary, etc.), The pHur reserves the right to refuse or modify it.