Terms & Conditions
CONSUMER TERMS & CONDITIONS OF SALE
1 These Terms
- 1.1 What these terms cover. These are the terms and conditions on which we supply products to you, by which we mean goods and/or related services.
- 1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2 Information about us and how to contact us
- 2.1 Who we are. We are Oyster Pools & Hot Tubs Limited a company registered in England and Wales. Our company registration number is 4376962 and our registered office is Raglan Garden Centre, Raglan, Usk. NP15 2BH. Our registered VAT number is 4026 755 52
- 2.2 How to contact us. You can contact us by telephoning our customer service team on 01291 690614 or by writing to us at email@example.com or Customer Care, Oyster Pools Limited, Raglan Garden Centre, Raglan, Usk. NP15 2BH.
- 2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- 2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3 Our contract with you
- 3.1 How we will accept your order. Our acceptance of your order will take place when we provide you with a copy of the sales order form completed by both you and us, at which point a contract will come into existence between you and us.
- 3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the products. This might be because the products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the products or because we are unable to meet a delivery deadline you have specified.
- 3.3 We only sell to the UK. Our brochure and website are solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK.
4 Our products
- 4.1 Products may vary slightly from their pictures. The images of the products in our brochure and on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your products may vary slightly from those images.
- 4.2 Product packaging may vary. The packaging of the products may vary from that shown on images on our website and in our catalogue or brochure.
- 4.3 Product warranty. Where your products contain a warranty, we will comply with its terms (subject to exceptions set out in the warranty such as damage resulting from abnormal use or fair wear and tear). However, in the event of us repairing products under the warranty (or otherwise):
- 4.3.1 we will have no liability for any loss of use of products during any period in which they cannot be used whilst awaiting or undergoing repair;
- 4.3.2 in the event that the products or the relevant part of the products cannot reasonably be repaired or replaced, or accessed or removed for repair or replacement, without causing damage to surrounding areas (including any decking, tiles or patio area, whether built to fit around the products or otherwise), we will have no liability in respect of any such damage or making good any such area but we will use reasonable endeavours to minimise any such damage; and
- 4.3.3 if in our reasonable opinion the products or the relevant part of the products cannot be accessed as reasonably required to carry out a repair and you have not complied with clause 7.7 to ensure access, then we will have no liability for any failure to repair or replace products.
- 4.3.4 If your installation requires you to be present for us to gain access we cannot be held responsible for your associated costs or loss of earnings.
5 Your rights to make changes
5.1 If you wish to make a change to the products you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm in writing whether you wish to go ahead with the change.
6 Our rights to make changes
6.1 Minor changes to the products. We may change the products:
- 6.1.1 to reflect any changes in relevant laws and regulatory requirements; and
- 6.1.2 to implement minor technical adjustments and improvements.
These changes will not affect your use of the products.
7 Providing the products
7.1 Delivery costs. The costs of delivery will be as told to you during the order process, or otherwise as set out in our current price list.
7.2 Where we will provide the products. We will deliver the products to the location agreed during the order process.
7.3 When we will deliver the products. Where the contract does not include installation of the products, we will deliver the products to you during the delivery slot agreed as part of the order process (or subsequently set using the method to fix a delivery slot agreed as part of the order process). Delivery will be completed when the products have been unloaded at the delivery location.
7.4 If you pay by finance, you must be personally present for delivery. If the products are being purchased by finance, a customer satisfaction note must be signed on the day of delivery by the person in whose name the finance is taken out. You must ensure that this person is in attendance at the time of delivery or we will not be able to complete delivery.
7.5 When we will install the products. Where the contract includes installation of the products, we (or our sub-contractor) will deliver and install the products using the following method:
7.5.1 we will provide you with a selection of dates when the products will be available, and we are able to install them;
7.5.2 we and you will then liaise, acting reasonably and in good faith, to seek to agree a mutually convenient delivery slot for delivery and installation of the products within that selection of dates, and if either we or you subsequently request that the delivery slot be changed then we and you will act reasonably and in good faith in seeking to agree any variation of this slot.
7.6 How you need to prepare for installation. It is important that the location where the products are to be installed meets certain requirements. We will provide you with details of what those requirements are as part of the order process, and you are responsible for ensuring that the location meets them and for meeting any related requirements (including organising the hiring of any crane or other lifting equipment as necessary).
7.7 We may conduct a site survey and identify steps for you to take. Unless we consider it unnecessary, we and you will liaise, acting reasonably and in good faith, to seek to agree a mutually convenient time for us to attend the intended location of the products and conduct a site survey to check that there is sufficient access and that pre-installation requirements are being met. Following this survey, we may stipulate reasonable requirements necessary for installation of the products (including the moving of fixed and non-fixed objects to allow access, and any need for a crane or other lifting equipment to move the products into place), and you are responsible for meeting these requirements.
7.8 Allowing access after installation. Once the products have been installed, you must ensure that there remains access to the products and its functioning parts as may be reasonably necessary for the products to be repaired or replaced if need be. We may give you particular requirements in this regard as part of the order process, and you are responsible for ensuring that these requirements are met. If you design an installation that requires you to be present to gain access, then we cannot be held liable for any associated costs or your loss of earnings.
7.9 If you are responsible for our inability to deliver or install the products. We will not be liable for delays caused by you not accepting delivery of the products (including the absence of the person obtaining finance (see clause 7.4), your failure to liaise with us as reasonable necessary to make arrangements for a site survey, delivery and/or installation, your failure to provide us with adequate delivery instructions or the access or assistance necessary to deliver and/or install the products (including taking any steps identified during a site survey as necessary for installation), or your failure to comply with the pre-installation requirements. In such event we and you will act reasonably and in good faith in seeking to agree a new slot for the delivery and/or installation, and reserve the right to charge you an additional delivery and/or installation fee at the same rate as agreed during the order process for these services, or at the rate set out in the document detailing installation requirements, or otherwise at our standard rate.
7.10 If you remain responsible for our inability to deliver or install the products. If we are still unable to deliver and/or install the products for the reasons set out in clause 11 for a period of two weeks from our initial attempt at delivery and/or installation, we may cancel the contract. If we do so, we may charge you for all attempts at delivery and/or installation and clause 15 will apply.
7.11 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. Reasonable is classified as up to and including 100% longer than stated. Substantial is over 100% longer than stated.
7.12 Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products, then you may treat the contract as at an end straight away if any of the following apply:
7.12.1 we have refused to deliver the products; or
7.12.2 we expressly agreed in writing that delivery within the delivery slot was essential and was not subject to reasonable delay.
7.13 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.12, we and you will act reasonably and in good faith in seeking to agree a new mutually convenient delivery slot.
7.14 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.12, you can cancel your order for the products or reject products that have been delivered. After that we will refund any sums you have paid to us for the cancelled products and their delivery and installation. If the products have been delivered to you, you will have to allow us to collect them, and we will pay the costs of this.
7.15 When you become responsible for the products. The products will be your responsibility from the time we deliver the products to the location agreed
during the order process and finish any related services being provided at the same time and location as delivery (such as any installation services).
- 7.16 When you own goods. You own the products once we have received payment in full.
- 7.17 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 9.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
- 7.18 We may delay supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.4) and you still do not make payment within 14 days of us reminding you that payment is due or in any event we have not received payment in cleared funds by the day 3 days before delivery is scheduled to take place, we may delay supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are delaying supply of the products. We will not delay the products where you dispute the unpaid invoice (see clause 11.7). As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.6).
8 Your rights to end the contract
- 8.1 You can end the contract for the supply of products before it has been completed. You may contact us to end your contract for products at any time before we have delivered them or completed supplying them and you have paid for them, but in some circumstances, we may charge you for doing so, as described below. Of course, you always have rights where products are faulty or mis-described (see clause 10, “If there is a problem with the products”). To cancel an order please provide your reasons for doing so in writing to firstname.lastname@example.org or Customer Care, Oyster Pools & Hot Tubs Limited, Raglan Garden Centre, Raglan, Usk. NP15 2BH.
- 8.2 What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at 8.2.1 to 8.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly. The reasons are:
- 8.2.1 we have told you about an error in the price or description of the products you have ordered, and you do not wish to proceed;
- 8.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control; (but see clauses 7.11 and 7.12 in relation to your rights if we deliver late).
- 8.2.3 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
- 8.2.4 you have a legal right to end the contract because of something we have done wrong (but see clauses 7.11 and 7.12 in relation to your rights if we deliver late).
- 8.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 8.2, then the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. In particular, if your order is for products not ordinarily stocked in the UK or a “special order” then we reserve the right to retain the deposit paid by you.
- 8.4 Returning products after ending the contract. If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. If you are ending the contract because we have told you of an upcoming change to the products or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances you must pay the costs of return.
9 Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for
products at any time by writing to you if:
- 9.1.1 you do not make any payment to us when it is due, and you still do not make payment within 28 days of us reminding you that payment is due;
- 9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products (see clause 7.16);
- 9.1.3 we attempt to contact you in order to arrange any aspect of a site survey, delivery or installation and we are unable to contact you for a period of 28 days (see clauses 7.5.2 and 7.6); or
- 9.1.4 you are responsible for us remaining unable to deliver and/or install the products for two weeks from the original delivery slot (see clause 7.9).
- 9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we will deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract (including our charges for failed delivery and/or installation and site visits).
- 9.3 We may withdraw non-standard products. Where you have ordered non- standard products, such as products in a different colour or not ordinarily stocked in the UK, we may write to you to let you know that we are no longer able to supply the products. We will let you know at least 14 days in advance of the anticipated delivery date and will refund any sums you have paid in advance for products which will not be provided.
10 If there is a problem with the products
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 01291 690614 or by writing to us at email@example.com or by writing to us at Customer Care, Oyster Pools & Hot Tubs Limited, Raglan Garden Centre, Raglan, Usk. NP15 2BH.
10.2 Alternatively, please speak to one of our staff in-store.
10.3 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your products are goods, for example a hot tub, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your products your legal rights entitle you to the following:
up to 30 days: if your goods are faulty, then you can get an immediate refund.
up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your products are services, for example installation or repairs, the Consumer Rights Act 2015 says:
you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it.
if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable. if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
10.4 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
11 Price and payment
11.1 Where to find the price for the products. The price of the products (which includes VAT unless stated otherwise) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We use our best efforts to ensure that the price of products advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the products you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the products, 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.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the products’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
11.4 When you must pay. You will need to pay a deposit when placing your order with us, and the balance of the price no less than seven days before the scheduled delivery date (but see clause 11.5 if paying by cheque or finance). The amount of deposit will be as agreed during the order process. Any additional charges which arise must be paid within seven days of being incurred. Please see clause 7.17 for the effect of your failure to pay when you are supposed to.
11.5 Methods of payment. We do accept payment by cheque, but you must allow 7 days to clear into our account, in relation to our payment schedule. Payments in cash are only accepted in-store. Maximum total value £9,999. If you are using finance to pay the balance, all finance documents must be signed at least 15 days before the scheduled delivery date. If you require our bank details for payment by bank transfer, we will provide these upon request.
11.6 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 3% a year above the Bank of England’s base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.7 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12 Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill (unless the terms expressly say otherwise, and please note any exceptions set out in the warranty document included with your products), but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:
- 12.2.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- 12.2.2 fraud or fraudulent misrepresentation;
- 12.2.3 breach of your legal rights in relation to the products as summarised at clause 10.2; and
- 12.2.4 defective products under the Consumer Protection Act 1987.
- 12.3 When we discover damage to your property. We are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while installing or repairing the products.
- 12.4 When your property is damaged during our site survey, delivery, installation or repair. Please see clause 4.3.2 which explains how we are not liable where we are not able to repair, replace or access your products without causing some damage. Otherwise, if we are responsible for damaging your property whilst providing services in relation to the products, we will repair any such damage, or if inform you that we are not able to do so we will reimburse your reasonable costs of you repairing such damage.
- 12.5 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13 How we may use your personal information
- 13.2 Passing your personal information to third parties. In particular, we will pass your personal information to any third party who will deliver, install, repair and/or maintain products on our behalf as part of our performance of our contract with you.
14 Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 We may arrange for somebody else to perform our obligations for us. We may arrange for our obligations under this contract to be performed on our behalf by somebody else, such as delivery and installation of the products. We will remain liable for acts and omissions of these other parties as if they were our acts or omissions.
14.4 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
14.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
14.8 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use, which is the Swimming Pool & Allied Trade