1. INTERPRETATION

1.1 In these terms and conditions, unless the context otherwise requires, the following terms have the following meanings:

1.1.1 “Products” means boiling, chilled, sparkling and filtered devices that you retrofit to your existing tap as well as their consumables supplied for sale by us to you. 

1.1.2 “us” or “we” means Noa Water Ltd., a company registered in England with company number 11785754 and having its registered office at Lynwood House, Crofton Rd, Orpington BR6 8QE 

1.1.3 “website” means the website through which we sell the Products: http://www.tapnoa.com/ and

1.1.4 “you” means the customer purchasing Products, and “your” shall be interpreted accordingly.

2. APPLICATION OF THESE TERMS

2.1 These terms and conditions (the “Conditions“) apply to the sale of Products, whether through our websites or by other means.
2.2 These Conditions together with an order or order confirmation accepted in accordance with clause 3 below (the “Contract“) constitutes the entire agreement between the parties relating to the purchase of Products. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by or on our behalf which is not set out in the Contract.
2.3 Your privacy is also very important to us, and these Conditions must be read in conjunction with our Privacy Policy which can be found at www.tapnoa.com/pages/privacy-policy

3. PLACING AN ORDER

3.1 We only supply Products for purchase by adults and we do not sell to children. If you are under 18, you may use our website only with the involvement of a parent or guardian.

3.2 For Products purchased on our websites, the following provisions apply:

3.2.1 The places we deliver to vary depending on the Product and will be displayed on the appropriate webpage.

3.2.2 The Products and the prices on the Websites are an invitation to place an Order only and do not constitute an offer by us to you to purchase the Products.

3.2.3 When you click the “Place Order” button on one of our websites, the placing of such order will constitute an offer by you to purchase the Products subject to these Conditions. You should review the order and correct any incorrect details before pressing the “Confirm Order” button.

3.2.4 We may reject your order for any reasonable reason, for example, but not limited to, incorrect or incomplete information, a declined credit or debit card, or lack of availability. If we are unable to accept your order, we will notify you by email.

3.2.5 An online order shall only be accepted by us when you receive a confirmation email from us which, subject to the provisions of Condition 3.2.6, shall create a Contract. The date of the Contract shall be the date on which we issue the confirmation email.

3.2.6 Acceptance of your order is not a guarantee by us of the availability of the Products and all acceptances are conditional on availability of the Products. If the Products which you have ordered are not available, we shall inform you of this as soon as possible.

3.2.7 If you receive a confirmation email for an order which you did not place, or if the details in the confirmation email do not match the order which you placed or intended to place, you must contact our customer services department by sending an email to hello@tapnoa.com to cancel the order or correct the details.

3.3 Where you order in person, over the phone, by email, fax or post, the following Conditions apply:

3.3.1 Unless you have requested a quotation, your order constitutes an offer to purchase the Products in accordance with these Conditions. You are responsible for ensuring that the terms of your order and any applicable specification submitted by you are complete and accurate. Your order shall only be deemed to be accepted when we issue a written acceptance of the order, at which point the Contract shall come into existence.

3.3.2 If you have asked for a quotation for your order, the Contract will come into existence when you accept our quotation. Quotations are subject to availability at the time the quotation is accepted, and quotations shall only be valid for 1 month from the date of issue.

4. APPEARANCE OF PRODUCTS

4.1 The images of the Products on the website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
4.2 Any samples, drawings, descriptive matter, or advertising produced by us, and any descriptions or illustrations contained in our catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract or have any contractual force.

5. PRICE AND PAYMENT 

5.1 The following terms are applicable to purchases of Products on our Website and all sales to consumers:

5.1.1 Unless otherwise stated, prices are inclusive of VAT, but they do not include delivery charges which will be added to the total amount at the point of order completion.

5.1.2 If you are located outside of the UK and the EU, the prices are exclusive of any applicable sales tax and import duties applicable in your country as well as delivery charges which will be added to the price.

5.1.3 We will require payment at the time of placing the order.

5.2 The following terms are applicable to sales to corporate and business customers (excluding website sales):

5.2.2 Where we provide you with a quotation or a trade price list, prices are, unless otherwise stated, exclusive of VAT and any other sales tax or duty and do not include packaging or delivery charges or the cost of installation.

5.2.2.1 Invoices are payable: within 30 days of the date of any invoice in respect of the Products; 

5.3 The following terms apply to all sales.

5.3.1 If you fail to make any payment due to us under the Contract by the due date for payment, then we reserve the right to charge interest on the overdue amount at the rate of 4% per annum above Lloyds Bank Plc's base rate from time to time. Such interest shall accrue daily from the due date until actual payment of the overdue amount, whether before or after judgment.

5.3.2 You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting any other rights or remedies we may have, set off any amount owing to us by you against any amount payable by us to you.

5.3.3 If the rate of VAT changes between the date of the order and the date of delivery, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.

5.3.4 Whilst we make every effort to ensure prices and information accessible via the websites and are brochures or price lists are accurate, complete, and up to date, we cannot guarantee this. We do reserve the right to correct any mistakes without liability to you. We will email you if the Contract is affected by a mistake and you will have the right to cancel the Contract. If you cancel you will receive a full refund of the price paid by you.

6. RISK AND OWNERSHIP

6.1 Ownership of the Products will pass to you on the date on which you pay for the Products.

6.2 Risk of damage to or loss of the Products shall pass to you at the following times:

6.2.1 If you purchase Products on our website, risk will pass upon delivery to your address.

6.2.2 If you are a commercial customer and we have agreed an Incoterm with us for delivery under Incoterms 2010, then, unless otherwise agreed on the order confirmation, risk will pass at the time specified by the agreed Incoterm.

6.2.3 In all other cases, risk will pass when the Products leave our warehouse.

7. CANCELLATION AND RETURNS

7.1 If you are purchasing from us as a consumer in the United Kingdom or the European Union, and you purchase our Products away from our premises (such as through our websites) you are entitled to a statutory "cooling off period" allowing you to cancel the Contract for any reason if you change your mind:

7.1.1 in relation to any Products which are not perishable, or tailor made for you, at any time within fourteen (14) days of receiving the Products.
7.1.2 In relation to Services, at any time within fourteen (14) days of the date of the Contract.

7.2 You may cancel the contract under Condition 7.1 by contacting our customer services department by email to hello@tapnoa.com

7.3 We are able to accept returns only directly purchased through Noa via phone, website or through our Retailers. Proof of purchase from the Retailer will be required and a refund must be obtained directly from the Retailer.

7.4 Under our goodwill guarantee returns policy for consumers in the UK and the European Union, we will extend the returns period for Products to 60 days from the date of receipt of the Products provided the Products are in their original, unused condition and returned in their original packaging with a copy of the original delivery note.

7.5 Where you cancel your Contract within the cooling off period we will promptly refund to you any payment you have made and in any event within 30 days of cancellation, provided the Products are returned undamaged and in the original packaging and that the Products have not been specifically tailored to your specifications, or personalised, or the Products by their very nature cannot be returned or are liable to deteriorate. 

7.6 We will also refund to you the cost of returning Products to us provided: 

7.6.1 the address from which the Products are being returned is in the United Kingdom; and you return the Products within the fourteen-day period referred to in clause

7.6.2. In all other cases, you shall be responsible for the cost of returning the item to us.

8. DELIVERY

8.1.1 Changes to the shipping address must happen within 24 hours so that we can ensure our third-party warehouses have time to make the change, otherwise this change could incur a surcharge. Whilst every effort will be made to accommodate the address change request, we cannot guarantee that we will be able to make this change before the Product(s) ship. As a result, address change fees may apply.

8.2 For international deliveries, we may agree a shipment term with you in your order confirmation which will be construed in accordance with Incoterms, 2010.

8.3 If you fail to take delivery of the Products:

8.3.1 delivery will be deemed to have taken place on the date for delivery;

8.3.2 risk in the Products will pass to you; or

8.3.4 we may (without prejudice to any of our other rights) dispose of the Products.

8.4 A recipient is required to be present at the address to sign and confirm receipt of goods in satisfactory condition.

8.5. Failure to provide us with the correct delivery address may result in a re-direction charge of full price.

8.6 The time it takes for us to ship the Products depends on stock levels and will be specified to you at the time you place your order, or failing that, by email following our receipt of your order.

8.7 The time it takes to deliver the Products once they have been shipped depends on the delivery service we use, which depends on the type of Product and your location. Delivery timings will be shown on product page at time of purchase.
Please note that this may differ due to high demand - view the product page for most up to date information. Please note that for islands within the UK and the Scottish Highlands, delivery may take a little longer than advertised on the Product page.

8.8 Since we use a third-party delivery service, late delivery of Products is out of our control and will not be eligible for a refund on the ground of late delivery after they have left our warehouse.

9. GUARANTEE AGAINST DAMAGE IN TRANSIT

9.1 For Noa Products, if there is any present or visible damage to the Products, contact us via email at hello@tapnoa.com within the same day of delivery, to report damages and ensure fast replacement of your products.

10 WARRANTIES

10.1 If you are a consumer, you have a legal warranty of two years for the goods you purchased from Noa.

11 LIMIT ON LIABILITY 

11.1 If you are a consumer:

11.1.1 We will not be liable for any indirect or consequential loss that is or is not reasonably foreseeable to both you and us when the Contract was made.

11.1.2.1 Our liability to you and your liability to us for breach of these Conditions will not exceed an amount equal to the price paid or payable by you for the Products ordered.

11.2 If you purchase from us for business purposes, then

11.2.1 Subject to clause, we will not be liable to you, whether in tort (including negligence), for breach of contract, breach of statutory duty or otherwise for:

11.2.1.1 any indirect or consequential loss; or for

11.2.1.2 any business loss (including loss of profits, contracts, income or revenue), anticipated savings, data, goodwill or wasted expenditure, whether direct or indirect.

11.2.2 Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products or the Services to which the claim relates.

11.2.3 If any items are missing from your order, or there are any other irregularities such as faulty or incorrect items, you must notify us as soon as possible in writing, and by no later than within 7 days of Product delivery in order for us to rectify the problem. Failure to notify us within this timeframe may result in the inability to rectify this problem.

12 EVENTS OUTSIDE OUR CONTROL

12.1 We may cancel the Contract if an event outside our reasonable control makes it difficult to provide the Products in accordance with the Contract, and we shall not be in breach of these Conditions if we do cancel due to such an event. As soon as we become aware of the need to cancel the Contract, we will contact you by email setting out our reasons for cancellation. You will receive a full refund of the price paid by you.

13 DATA PROTECTION

13.1 Any information that you provide to us pursuant to the Contract shall be processed in accordance with our Privacy Policy and applicable data protection legislation.

13.2 We also use cookies on our Website. For more information, please see our Cookies Policy.

14 PROMOTIONAL OFFERS

14.1 From time to time we may offer promotional offers in respect of certain Products on our website. These promotional offers will be subject to availability of the relevant Products and are not an indication of availability

14.2 All promotional offers offered by us shall be subject to these Conditions together with any applicable additional terms and conditions, rules, and instructions. Where there is a conflict between these Conditions and any additional terms and conditions, rules, and instructions these Conditions shall apply.

15 GENERAL

15.1 We may transfer the Contract to any person or ask any person to fulfil any aspect of it as long as the performance of the Contract is not affected.

15.2 An entity which is not expressly a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions.

15.3 If any of the numbered terms in these Conditions is found to be void or unenforceable, such invalidity or unenforceability shall not affect the remainder of these Conditions.

15.4 We reserve the right to make changes to these Conditions at any time. Your Contract will be governed by the version of these Conditions in force at the time that you place your Order.

15.5 These Conditions and the Contract shall be governed by and construed in accordance with the laws of England in the English language, and any court proceedings must take place in the English courts.

16 REFERRAL PROGRAM 

16.1 The offer is subject to a minimum spend.

16.2 There are limits in place on how many and how frequently referrals can be made by any single referrer. Rewards may not be given if those limits are exceeded.

16.3 Rewards must be claimed before the expiration date.

16.4 We reserve the right to refuse the issue of any reward to any Referred Friend or Advocate at any time.

16.5 We reserve the right to vary all elements of this offer at any time without notice.

16.6 We reserve the right, at our sole discretion, to prevent any individual from participating in this or future promotions.

16.7 Referral reward cannot be applied to previous purchases and is not redeemable for cash.

16.8 This referral program is subject to modification or termination at any time without notice in our sole discretion.

17 INTELLECTUAL PROPERTY 

17.1 All content that we put at your disposal via our website and any other communication mean, including software, pictures, graphic elements, logos, documents, texts, slogans, user content, and other information, as well as all related intellectual property rights (including copyrights, database rights and trademark rights) and other rights, are our exclusive property, or are the property of their respective holders.

17.2 You are not allowed to copy, display, republish, translate, offer, transfer, or distribute in any way, any part of the content, except as explicitly allowed in these conditions or otherwise explicitly permitted in writing by us and the respective holders.