These terms and conditions contain important information about the rights and obligations of all parties when using the Purple Turtle website and in the sale of goods.
The Purple Turtle website is owned and operated by European WaterCare Ltd (‘we’/’us’/’our’), a limited company registered in England and Wales under company number: 03114221 whose registered office is at Euro House, 1394 High Road, London, N20 9YZ.
The term ‘you’ refers to the user or viewer of our Website.
We reserve the right to change the domain address of this website and any services, products, product prices, product specifications and availability at any time.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected.
These terms and conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales. The terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof.
In case of dispute or claim, Purple Turtle and the customer agree to seek amicable solution before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.
Proof of Transaction(s)
The records we store in our computer systems (under appropriate conditions to ensure the security of your data and privacy), including purchase orders and invoices, are considered proof of communications, orders and payments made between our customers and Purple Turtle. As such, these communications can be produced and used as evidence.
Accuracy of Product Information
We have made every effort to ensure the information presented on our website is unambiguous, accurate and up-to-date. However, neither Purple Turtle nor our suppliers will be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where we were aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.
Product Pricing and Sales Promotions
The product prices stated on our website are valid for the day the site is consulted, prices are subject to change without notice.
We may offer specific short term sales promotions at our discretion. These will be subject to their own terms and conditions and cannot be used in conjunction with any other offer or discount. In the event that an online offer code / coupon code mechanism is used, these will be completely automated and cannot be applied after the order has been placed.
Delivery and Exchanges
We will deliver to the address you specify at the time of purchase (as recorded on the purchase order). We reserve the right to limit our delivery service within specified geographic regions.
We check all products before they leave our premises to ensure they are in perfect condition. It is the customer’s responsibility to notify the carrier (courier/ Royal Mail) if there is even the slightest trace of damage to the parcel, and refuse the package if necessary. If customers do not notify damage during carriage at the time of receiving the goods, we cannot be obliged to make exchanges.
If deliveries are delayed or goods are lost in transit, the carrier will take responsibility to investigate, making every effort to find the goods. If the goods are not found, the carrier will reimburse Purple Turtle, and we will deliver a new, identical package to the customer without charge.
Please note, we cannot be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather, traffic disruption, strikes, natural disasters etc.
In no circumstances will Purple Turtle be responsible for damage or loss of goods (or part thereof) in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer provides written (or email) notice of their claim to us AND the carrier within three business days from taking delivery. Furthermore, the customer has responsibility to hold the goods and make them available for inspection or collection by Purple Turtle or its representatives on request.
Likewise, if there is a delivery error (i.e. non-conformity of goods, in kind or in quality, where the delivered goods do not compare with the information on the purchase order), customers are responsible for informing Purple Turtle immediately (the same day or, at the latest, the first business day following delivery) should they wish to claim an error. All claims must be made in writing and any claims made after the stated time period will be rejected.
Any claim that does not respect the terms described above cannot be taken into account and releases Purple Turtle of any responsibility to the customer.
All goods to be exchanged or refunded must be returned to Purple Turtle complete, in its original packaging and in perfect condition to Purple Turtle, Regal House, South Road, Harlow CM20 2BL. For your claim to be accepted, you must first make a declaration to us concerning any returns and receive our written consent.
Purple Turtle will take responsibility for shipping fees, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return.
The provisions hereof cannot deprive the customer of their right to legal warranty requiring Purple Turtle to protect the customer against latent defects of goods sold.
All products sold on our website are under a standard one (1) year warranty unless specified otherwise. Please note, any products which are modified or repaired by the customer or any other party not explicitly chosen by Purple Turtle, are not covered by this warranty.
Your Right to Withdrawal
Under Consumer Contracts Regulations 2013, if you buy online or by phone, your consumer rights entitle you to a full refund if you request one in writing within 14 working days of receipt. This includes any delivery charge incurred, but excludes orders for any goods made or modified to your specification.
If you decide to cancel, you should return the goods to us at your cost within 28 days of such cancellation and we will refund you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation right apply.
We may make a deduction from the refund for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We refund customers no later than 14 days after the day we receive back the goods supplied.
In cases where goods are returned after 28 working days following cancellation, a £20 plus VAT charge will be deducted for the original delivery charge.
Customers wishing to return goods must advise us by phone or email. All goods must be returned to our head office address: Purple Turtle, Regal House, South Road, Harlow CM20 2BL. We advise customers to retain proof of postage.
In exercising your right to withdrawal, whether requesting a full refund or exchange, all shipping expenses (return delivery) shall be your responsibility.
If the goods are returned after the 14 day period due to a fault, they will be tested in our workshops. If no fault is found with the item this will be returned to you as promptly as possible. Items that are returned as faulty where no fault is found after testing, and are subsequently not required by the customer will be subject to a 25% handling charge of the original sale price.
A “force majeure” event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In such events, neither Purple Turtle nor its customers will be deemed to be in breach of any of their obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties’ control.
In such circumstances, the delayed party shall notify the affected party within ten business days following the date such events become known. Both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
Protecting your Data
All personal data you provide will be treated in accordance with the principles outlined in the Data Protection Act 1998. We will not share your data with any third party.