TERMS & CONDITIONS
This page and any documents referred to on it inform you of the terms and conditions by which we supply any of the products (Products) listed on our website www.totalpoolsandleisure.com (our website) to you.
Please read these terms and conditions before ordering any Products from our site.
Please note that by ordering any of our Products, you agree to be bound by these terms and conditions.You should print a copy of these terms and conditions for future reference.
If you refuse to accept these terms and conditions, you will not be able to order any Products from our website or over the telephone.
INFORMATION ABOUT US
1.1 www.totalpoolsandleisure.com is a website operated by Total Pools & Leisure Limited (we). We are a UK registered company registered in Northern Ireland at [address] with VAT number [ vat number].
ACCESS AND SERVICE AVAILABILITY
2.1 Our website is intended for use by people resident on the mainland of Great Britain and Northern Ireland and we deliver only to addresses on the mainland of Great Britain and Northern Ireland. We do not accept orders from individuals resident at or deliver to addresses elsewhere, including the Channel Islands and the Isle of Man.
2.2 Access to our website is in accordance with these Conditions and any orders placed by you are placed strictly in accordance with these Conditions.
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident on the mainland of Great Britain and Northern Ireland; and
(d) You are accessing our site from the mainland of Great Britain and Northern Ireland.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 You may place an order and make payment by credit or debit card using our secure server or you may telephone your order and credit or debit card details to us. Telephone orders are accepted only on the basis of these terms and conditions.
4.2 Please note that placing an order does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and are accepted only if the full price and delivery charge (for accessories and chemicals) or the deposit (for hot tubs) has been received by us. We will confirm acceptance to you by sending you an invoice by email (if you have placed your order via our site) or letter and the contract between us (Contract) will only be formed when we do so.
4.3 We will issue a Dispatch Confirmation by email when the Product is shipped by us or the manufacturer confirms the estimated date of delivery. For hot tubs we or our carrier will contact you to arrange a convenient delivery date.
4.4 Accessories and Chemicals will normally be delivered within 7 days of the Dispatch Confirmation unless you have ordered them with a hot tub, in which case they will be delivered with or before the hot tub.
4.5 HYPERLINK "http://www.superhottubs.co.uk/"Hot tubs and accessories will normally be delivered within 5 weeks of the Dispatch Confirmation.
5.1 Please note that as a consumer purchasing Products on line or via the telephone you are entitled to change your mind and cancel your order if you so wish provided that you exercise your right no longer than seven working days after the day on which you receive the Products. In such circumstances you will receive a full refund of the price paid in accordance with our Refunds Policy set out in paragraph 10 below. Returns outside this 7 day period will not be accepted.
5.2 You will not have any right to cancel a Contract for Products if they have been used or (in the case of hot tubs and accessories) installed.
5.3 To cancel an Order you must inform us in writing and for Products that have been delivered to you , you must return the Products immediately to us in the same condition in which you received them and at your own cost and risk. Please note when returning rejected Products that are not faulty, the package and its contents must be in perfect condition. If the product returned is not in full resaleable condition or its packaging is damaged, we reserve the right to refuse a refund on the item, or deduct up to 30% of the original selling price from the refund amount. No goods will be accepted at the company’s warehouse without prior consent. You are responsible for the cost of returning the goods safely to our warehouse. We will refund your money within 30 days of cancellation, less any delivery costs incurred.
5.4 This provision does not affect your statutory rights.
5.4 If you wish to cancel a made-to-order product for any reason, it’s unlikely that we can sell it to another customer at full selling price. We will charge a cancellation fee of 20% of the full selling price. In respect of made to order products, our usual refund policy does not apply and products cannot be returned or exchanged unless faulty.
AVAILABILITY AND DELIVERY
6.1 Your order will be fulfilled by the delivery date set out in your Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6.2 If you have ordered a hot tub or spa:
6.2.1 You warrant that there is an unobstructed good hard road surface to the point at which the hot tub or spa is to be unloaded from the delivery vehicle,
6.2.2 You are responsible for ensuring that the necessary power supply has been correctly installed by an appropriately qualified electrician in accordance with the requirements specified on our site, and
6.2.3 you must provide a solid, flat surface for the hot tub designed to carry a load of at least 150 lbs per square foot. If the hot tub or spa is to be sited indoors or if the hot tub or spa will be placed upon decking, you must ensure that the structure upon which the hot tub or spa sits is both waterproof, and is capable of carrying a load of at least 150 lbs per square foot.
6.3 If you have ordered a hot tub or spa but not our installation service it is your responsibility to unload the hot tub or spa from the lowered tailgate of the delivery vehicle and to install it. You must provide sufficient labour to unload the hot tub or spa from the delivery vehicle, store the hot tub or spa until it is installed by you or your contractor and install the hot tub or spa in accordance with our recommendations.
6.4 On delivery you should inspect the Product as soon as reasonably practicable and notify us as soon as possible of any items that are missing, damaged or defective.
6.5 To make costs of delivering hot tubs cost efficient we may wish to deliver multiple hot tubs or spas on any particular run. If you live in a remote part of the country, or if we are unable to pair your delivery with other tubs, delivery may take longer to arrange. In this circumstance if you require a delivery at an earlier date than we are able to offer, then we may need to charge an extra fee to make your request possible.
7.1 We offer an installation and commissioning service at an additional cost. This service includes positioning the hot tub on delivery, installing the hot tub, connecting it to the electrical supply (installed by your contractor unless the hot tub is ‘plug and play’, and commissioning the hot tub. If you order this service you warrant that there is a suitable access route (meeting the criteria set out on our site) from the place at which the hot tub is to be unloaded from the delivery lorry to the place at which it is to be installed, and your warranties and obligations set out in clauses 6.2 will still apply.
RISK AND TITLE
8.1 The Products will be at your risk from the time of delivery. Where you order a hot tub or spa and do not order the positioning or installation service this will be when the delivery vehicle arrives at the delivery address.
PRICE AND PAYMENT
9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
9.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as shown on the relevant Product page on our site. The prices of Products do not include installation, as described in clause 7, for which additional fees are payable as agreed between us.
9.3 Prices of Products on our site are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice.
9.4 Given the number of Products listed on our site it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation.
9.6 Payment for all Products must be by credit or debit card or (if we have so agreed in advance) by bankers draft or cheque. We accept payment with Visa, Mastercard, Delta and Switch. If a payment is made by card and the shipping address is different from the actual delivery address, the cardholder must present Photo Identification on delivery.
9.7 We may at our discretion choose to accept an order upon receipt of a deposit. In this instance, delivery will not be arranged until the final balance has been received.
10.1 When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time.
10.2 We will refund any money received from you using the same method originally used by you to pay for your purchase.. Refunds will be issued as soon as possible after we have received the Products back in our possession and will be processed within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund after product inspection or the returned defective product.
10.3 Products returned by you because of a defect will be refunded in full including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item.
10.4 Products returned by you within the seven day cooling off period as referred to in paragraph 5.1 above will be refunded in full including the costof sending the item to you. Please note however that you will be responsible for the cost of returning the Product to us.
10.5 It is your (the buyers) responsibility to inspect your hot tub on delivery, pre installation. If our engineers are permitted by you to proceed to siting the tub, or unloading the tub into your care on the kerbside or conveying it to your garden, unwrapping the tub and running though basics of chemical use, then the tub will count as having been installed, and it will be deemed that you have inspected the hot tub. For the avoidance of doubt if a product that is returned is not in full resaleable condition or its packaging is damaged, the tub has been filled with water, or has been installed, we reserve the right to refuse a refund on the item, or deduct up to 30% of the original selling price from the refund amount, as it can no longer be sold as a new hot tub or spa.
WARRANTY AND OUR LIABILITY
11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and hot tubs supplied by us also have the benefit of the warranty set out in the Schedule to these Terms and Conditions.
11.2 Subject to clause 11.1, our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
11.3 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, waste of your time or that of any of your contractors or employees or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Applicable laws require that some of the information or communications we send to you should be in writing. If you order goods or services from us via our site or otherwise notify us of an email address for you, you accept that communication with us may be mainly electronic. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to firstname.lastname@example.org. OR Total Pools & Leisure Limited at[ address ] . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 13. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(i) Strikes, lock-outs or other industrial action. Shipping impediments of any kind.
(ii) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(iii) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(iv) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. Events out of our control or reliant on third parties regards shipping and transport.
(v) Impossibility of the use of public or private telecommunications networks.
(vi) The acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these terms and conditions from time to time.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you our invoice (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the invoice).
LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.