Terms and Conditions - Methven Handset Promotion

Background

  1. Briefly about the Promotion. This Promotion (as defined below) allows participants to trial an Aio shower handset in chrome with a hose, a Rua shower handset in chrome with a hose, or a Maku shower handset in chrome (the "Handsets") sold by the Promoter (as defined below) for 30 days ("Trial Period") by paying £1 to the Promoter (the “Promotion”). Participants may also qualify for cashback of £20 on any product purchase of £250 or more from the Promoter’s Methven branded product ranges (excluding handsets in the trial), purchased within 90 days of the start of the Trial Period, subject to these Terms and Conditions. Eligible Participants (as defined in clause 6(a) below) can either:
    1. choose to purchase the Handset at the end of the 30-day Trial Period by not returning it to the Promoter, in which case their credit card will be charged a further £108.14 for the Aio Handset Chrome with Hose and/or £30.26 for the Maku Handset Chrome and/or £93.60 for the Rua Handset Chrome with Hose; or
    2. return the Handset within 5 days of the expiry of the 30-day Trial Period and qualify for a £20 cashback on any product purchase of £250 or more from the Promoter’s Methven branded product ranges (excluding handsets in the trial). Details of how to claim the £20 cashback offer are set out in clause 10.

    Full details of the Promotion are set out below.

  2. What you need to know before using a Handset. Before signing up for the Promotion please check the following:
    1. ensure your shower has a hose connected to your shower handset. Handsets cannot be fitted directly to the wall;
    2. Rua and Aio Handsets work best on high pressure systems (1.0 bar and above) and the Maku Handset works on most pressure systems (0.35 and above) including electric showers.  Please check your water system type before you decide to trial a handset. Check our Identify Your Water System document or call our customer care team on 0800 195 1602, alternatively consult with your local plumber.
  3. Promoter. The promoter is Methven UK Limited of 3/3A Stonecross Court, Yew Tree Way, Golborne, Warrington. WA3 3JD United Kingdom with company number 06290166. ("Promoter"). The terms 'Methven', ‘us’ and ‘our’ refers to the Promoter.
  4. Acceptance of Terms and Conditions. By participating in this Promotion you are deemed to have accepted these Terms and Conditions. Methven reserves the right to change or update these Terms and Conditions of this Promotion by posting the amended Terms and Conditions on Methven’s website at https://www.methven.com/uk/methven-handset-promotion-terms-conditions/. Methven will notify you of the change or update by email using the email address you submitted in your entry.
  5. Promotion Period. The Promotion commences on 1st November 2017 and will continue until 31st December 2020 (“Promotion Period”). Eligible Participants can enter at any stage during the Promotion Period. No entries will be accepted outside of the Promotion Period.
  6. Entry and Eligibility
    1. To be eligible to participate in the Promotion, you must be 18 years old, a United Kingdom resident (residing in United Kingdom) and be able to supply your valid credit card details ("Eligible Participant").
    2. Employees of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with this Promotion, and their immediate families are ineligible to enter.
    3. In order to enter the Promotion, Eligible Participants need to go to the trial website landing page (www.methven.com/uk/methven-trial-handset) and register by providing their:
      1. full name;
      2. email address (Email);
      3. United Kingdom residential address - this cannot be a PO Box number (Address);
      4. United Kingdom telephone number; and
      5. valid credit card details
      • and click "Submit" to enter.
    4. In order to submit a valid entry, all information outlined in clause 6(c) must be provided upon entering the Promotion. Eligible Participants must ensure that the information supplied is correct as it will be used by the Promoter to communicate with them.
    5. Eligible Participants will receive a confirmation email that they have successfully entered into the Promotion, to the email address supplied by the Eligible Participant upon registration.
    6. Eligible Participants who wish to trial more than one Handset may do so by either:
      1. submitting a new entry in accordance with clause 6c); or
      2. selecting to trial more than one Handset when entering the Promotion, with a maximum of three handsets per trial
    7. Each Eligible Participant can only make a maximum of 2 entries and trial a maximum of 3 Handsets per entry.
    8. The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant who is not eligible to enter, does not comply with these Terms and Conditions, including not returning the Handset in good condition, or tampers with the entry process. For the avoidance of doubt, a Participant who fails to comply with clause 9.c) in respect of a Handset may be disqualified from making another entry to trial another Handset.
  7. £1 Trial Fee
    1. A non-refundable £1 fee (Trial Fee) will be payable by the Eligible Participant to the Promoter each time the Eligible Participant selects to trial for the Trial Period. The Eligible Participant must pay the Trial Fee upon submitting his or her entry on Methven’s website.
  8. Trial Period and Delivery of the Handset
    1. Upon receiving payment of the Trial Fee the Promoter will deliver the selected Handset to the Eligible Participant via courier. Eligible Participants will also receive confirmation via email that the Handset has been delivered.
      The Trial Period commences on the day the Handset is delivered to the Eligible Participant and will end after 30 days.
  9. Communication during the Trial Period and return of the Handset
    1. On delivery of the Handset Eligible Participants should retain all original packaging and contents, which will allow them to return the Handset to the Promoter should they decide not to purchase it at the end of the Trial Period.
    2. Eligible Participants will receive regular email updates in relation to the Promotion including emails relating to the end of the Trial Period, which will be delivered to the email address supplied by the Eligible Participant upon registration.
    3. If the Eligible Participant does not wish to purchase the Handset, the Eligible Participant should contact the Promoter of their decision to return the Handset by emailing [email protected].
    4. Handsets must be returned to the Promoter in Good Condition in the original box and outer packaging supplied by the Promoter and using the returns postage label. Returns should be sent through the Post office. “Good Condition” means that the Handset must be returned:
    5. For the purpose of clauses 9(c) and (e), "good condition" means that the Handset must be returned:
      1. in as new condition, subject only to fair wear and tear associated with its normal use during the Trial Period; and
      2. in the original packaging which was provided with the Handset
      3. complete with any hose provided by the Promoter.
    6. If the Promoter does not receive the Handset within 14 days of the end of the Eligible Participant's Trial Period, the Promoter will charge the credit card the Eligible Participant used to pay the Trial Fee with a further £108.14 for the Aio Handset Chrome with Hose and/or £30.26 for the Maku Handset Chrome and/or £93.60 for the Rua Handset Chrome with Hose.
    7. If the Promoter (acting reasonably) considers that the Eligible Participant did not return the Handset in Good Condition, then the Promoter may charge the Eligible Participant a fee of up to the RRP Price of the relevant Handset (“Fee”). The Fee will be charged against the credit card that was used for payment of the Trial Fee.
  10. Cashback Offer
    1. If Eligible Participants return the Handset in accordance with clause 9, they will be entitled to a cashback of £20 on any product purchase of £250 or more from the Promoter’s Methven branded product ranges (excluding handsets in the trial).
    2. The £20 cashback is paid out only once and is limited to one payment per Eligible Participant over the lifetime of the promotion.
    3. In order to get the discount, Eligible Participants must purchase the Cashback Product of their choice and submit an Online Cash Back Request and attach Proof of Purchase (invoice) at www.methven.com/uk/cashback/ within 90 days of the start of the Trial Period.
  11. Title and Risk
    1. Risk in the Handset passes to the Eligible Participant upon his or her receipt of the Handset for the purpose of the Promotion.
    2. Title in the Handset remains with the Promoter throughout the Trial Period. Title passes to the Eligible Participant upon receipt of payment of the RRP Price in full and cleared funds to the Promoter.

    General Terms

  12. Consumer Rights Act 2015: Nothing in these Terms and Conditions is intended to exclude, restrict or modify any rights that a consumer may have under the Consumer Rights Act 2015. These Terms and Conditions are subject to those statutory provisions and will not affect any statutory right that an Eligible Participant may have in relation to the Handset.
  13. Terms and Conditions of Sale: All sales made of Handsets and use made of the Handsets during a Trial Period are subject to Methven's standard terms and conditions of sale (the "Standard Terms of Sale"), which can be viewed at https://www.methven.com/uk/website-terms-and-conditions-of-sale/
  14. Data Protection Act 2018 and Privacy and Electronic Communications (EC Directive) Regulations 2003
    1. Eligible Participants agree to the Promoter using their personal information to conduct the Promotion, including to communicate with them about the Promotion (including by email or telephone) and about other offers from the Promoter if the Eligible Participant ‘clicks’ the opt in box on the entry form.
    2. All Eligible Participants' personal information will be held by the Promoter for the purposes of conducting the Promotion (which may include disclosure to third parties for the purposes of processing and conducting the Promotion). The Promoter will only retain an Eligible Participant's personal information to send updates on future promotions and other marketing communications if the Eligible Participant consents to it doing so.
    3. All entrants have the right to access their personal information and request correction of any errors in it pursuant to the Data Protection Act 2018. Eligible Participants may access, and request correction of, their personal information held by the Promoter by contacting [email protected]
  15. Use of information in media: Eligible Participants agree to participate in all publicity organised by the Promoter, including but not limited to, photographs and audio and/or visual recordings. Eligible Participants irrevocably consent to the Promoter using their likeness, name, image and/or voice in any media worldwide for an unlimited period of time without remuneration, for the purpose of promoting the Promotion, and promoting any products/services manufactured, distributed and/or supplied by the Promoter and agrees that the Promoter will own copyright in any such images, photograph/s and recordings and in all material incorporating the images and/or photograph/s and recordings, including on all social media platforms.
  16. Intellectual Property: All trade-marks, text, images, and logos relating to the Promoter, affiliates, agents, or third parties involved in this Promotion and used in relation to it, are the exclusive property of the Promoter or those affiliates, agents and third parties and participation in the Promotion does not confer any rights to an entrant in or over or grant any right to use these.
  17. Liability
    1. Subject to clause 17(b), neither the Promoter nor its affiliates, agents, directors or employees will be liable for any direct, indirect, special, consequential or other costs, expenses (including legal expenses), losses or damages whatsoever of any kind arising out of or in connection with:
      1. access to or use of the Methven website www.methven.com/uk or any information contained in it; or
      2. the Promotion, including, without limitation, any loss arising out of an entrant not being eligible to enter or able to enter due to any technical malfunction or communication failure.
    2. Nothing in these Terms and Conditions excludes or limits the Promoter’s liability for:
      1. death or personal injury caused by negligence;
      2. fraud or fraudulent misrepresentation, or
      3. any other liability than cannot be limited at law.
    3. Subject to clause 17(b) and 17(d), Methven’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise arising under these Terms and Conditions is limited to a sum equal to the amount paid or payable for the Handset in the Trial in respect of which the liability arises or, if the liability arises in respect of a Cashback Product, a sum equal to the amount paid or payable for the Cashback Product.
    4. Methven’s product liability in respect of the Handsets shall be limited in accordance with the Standard Terms of Sale.
    5. Subject to clause 17(b), the Promoter accepts no responsibility for any entries not received for any reason during the Promotion. All entries are deemed to be received at the time of receipt by the Promoter's database and not at the time of transmission by the Eligible Participant. Records of the Promoter are final and conclusive as to time of receipt.
    6. Incomplete or indecipherable entries will be deemed invalid.
    7. The Promoter’s decision on all matters involving the Promotion is final and no correspondence will be entered into.
    8. If, for any reason beyond the Promoter's reasonable control, the Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Promoter, its affiliates or agents, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, the Promoter reserves the right, at its discretion, to cancel, terminate, modify, extend or suspend the Promotion.
    9. Any cancellation, termination, modification, extension or suspension of the Promotion will be notified on the Promoter's website at www.methven.com/uk.
  18. Partial Invalidity and Waiver
    1. If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable, then the remaining terms and conditions shall continue in full force and effect.
    2. The Promoter's failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that or any other provision by the Promoter.
  19. English law. These Terms and Conditions and any non-contractual obligations arising out of or in connection with them, shall be governed by and construed in accordance with English law. Disputes arising out of or in connection with either the Promotion or these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.