WATERSIDE LEISURE UK LIMITED t/a THE HOT TUB COMPANY – TERMS AND CONDITIONS
1. Interpretation
1.1. In these Conditions the following words and expressions shall have the following meanings unless the context otherwise requires:
Additional Charges means the charges provided for at Conditions 9.5, 9.6, 10.5, 11.2 and paragraph 1 of the Services Schedule;
Buyer means the person who buys or agrees to buy the Goods from the Seller as identified in the Order Confirmation;
Buyer’s Premises means the address where the Goods are to be delivered as detailed in the Order Confirmation or otherwise agreed in Writing;
Cooling off period means as defined in Condition 14.1;
Conditions means these standard terms and conditions of the Seller;
Contract means the contract for the sale and supply of Goods and/or Services by the Seller to the Buyer pursuant to these Conditions, the Order Confirmation, the Services Schedule (if applicable) and the Installation Guide (if applicable);
CRA means the Consumer Rights Act 2015;
Deposit means the deposit stated in the Order Confirmation being part of the Price, to be paid in accordance with Condition 5.2;
Goods means all goods (including any instalment of the Goods or any parts for them) which the Seller is to supply to the Buyer pursuant to the Contract;
Installation Guide means the installation guide in respect of the Goods and Services issued by the Seller from time to time;
Order Confirmation means the written acceptance by the Seller of the Buyer’s order which comprises a description of the Goods and/or Services, the price paid or payable and the delivery costs (where appropriate);
Price means the price of the Goods and/or Services payable in accordance with Condition 8;
Quotation means any proposal or quotation submitted to the Buyer by the Seller in writing before the Contract is made;
Relocation means as defined in Condition 10.10;
Seller means Waterside Leisure UK Limited a company registered in England and Wales with registration number 02716426 whose registered office is at 3 Hayhill Industrial Estate, Hayhill, Barrow Upon Soar, Loughborough, Leicestershire, LE12 8LD and which uses the following trading names: “The Hot Tub Company”, “Waterside Leisure” and “Waterside Pools & Spas”;
Services means those installation and/or other services to be provided by the Seller as detailed in the Order Confirmation and/ or the Services Schedule;
Services Schedule means specific details of the Services which will be attached to these Conditions if the Contract is for the sale of Services in addition to Goods;
Website means www.thehottubcompany.co.uk ;
Working Day means any day from Monday to Friday other than a statutory or public holiday in England; and
Writing includes communications by post and e-mail but not facsimile.
1.2. In these Conditions (unless the context otherwise requires):
1.2.1. references to any statute or statutory provision include, unless the context otherwise requires a reference to the statute or statutory provision as modified or re-enacted and in force from to time to time;
1.2.2. any reference to a Condition is to the relevant condition of these Conditions and any reference to a sub-Condition is to the relevant sub-Condition of the Condition in which it appears and any reference to a paragraph is to the relevant paragraph of the Services Schedule and any reference to a sub-paragraph is to the relevant sub-paragraph of the Services Schedule;
1.2.3. the headings to the Conditions, the Order Confirmation, the Services Schedule and the Installation Guide do not affect the interpretation of these Conditions, the Order Confirmation, the Services Schedule or the Installation Guide;
1.2.4. words in the singular include the plural and words in the plural include the singular;
1.2.5. use of any gender includes the other genders; and
1.2.6. any phrase introduced by the term include, including, in particular or any similar expression is to be interpreted as illustrative and does not limit the words before the phrase.
2. Basis of Sale
2.1. These Conditions shall apply to the sale by the Seller of all Goods and/or Services purchased by and supplied to the Buyer and these Conditions, together with the Services Schedule (if any) shall govern the Contract to the exclusion of any other terms and conditions introduced or submitted by the Buyer.
2.2. The Buyer should read these Conditions, the Services Schedule (if any) and the Installation Guide carefully before submitting an order to the Seller. These Conditions tell the Buyer who the Seller is, how the Seller will provide products and services to the Buyer, how the Buyer and the Seller may change and end the Contract and what to do if there is a problem, and other information. If the Buyer thinks there is a mistake in these Conditions, the Buyer should contact the Seller to discuss.
2.3. The Services Schedule and the Installation Guide set out details of the condition the Buyer’s premises must be in, in order for the Seller to provide the Services. If the Services Schedule and the Installation Guide are not complied with, this may delay or prevent the delivery of the Goods and/or the provision of the Services.
2.4. The Conditions shall apply to the sale by the Seller of Goods and/or Services to consumers only. To the extent that the Buyer contracts as a business, those provisions of these Conditions that refer expressly to the CRA and any terms and conditions relating to consumer contracts implied by the CRA or otherwise shall not apply to the Contract.
2.5. Images of the Seller’s goods on its Website and in its brochures are for illustrative purposes only. The Goods may vary slightly from those images and/or from any display models in the Seller’s showroom.
2.6. In the event of a conflict of the terms of the documents forming the Contract, the order of precedence in which the documents shall apply is (highest importance first): (1) the Order Confirmation, (2) these Conditions (3) the Services Schedule (if applicable) and (4) the Installation Guide (if applicable).
3. Information about the Seller and how to get in contact
3.1. Please see the definition of the Seller under Condition 1.1 above.
3.2. The Buyer can contact the Seller by telephoning the Seller’s customer service team on 01509 815533 or by writing to the Seller at 3 Hayhill, Barrow Upon Soar, Loughborough, Leicestershire, LE12 8LD or by email to info@thehottubcompany.co.uk .
3.3. If the Seller has to contact the Buyer, the Seller will do so by telephone or by writing to the Buyer at the email address or postal address provided by the Buyer in its order.
4. Safety
4.1. Any Goods supplied by the Seller must be handled correctly by the Buyer. Some Goods can constitute a health hazard if handled, stored or used incorrectly and the Buyer must ensure that all appropriate safety precautions are taken and that it is aware of and complies with all instructions provided by the Seller in respect of the Goods, including but not limited to instructions relating to installation, usage, storage and maintenance of the Goods.
5. The Seller’s contract with the Buyer
5.1. The Seller’s acceptance of the Buyer’s order will take place when the Seller issues (in person, by e-mail or by post) an Order Confirmation. The Contract will come into existence between the Seller and the Buyer when the Buyer has signed and returned the Order Confirmation to the Seller and the Deposit is paid. The Order Confirmation will lapse in the event that the Buyer fails to sign and return the Order Confirmation and/or the Deposit is not received in cleared funds by the Seller within 14 days of the date of the Order Confirmation.
5.2. For the avoidance of doubt:
5.2.1. any Quotation submitted by the Seller to the Buyer will not constitute an offer and shall remain valid for 28 days from the date of issue;
5.2.2. any order or acceptance of a Quotation for the supply of Goods and/or Services by the Buyer shall be deemed an offer by the Buyer to purchase the Goods and/or Services subject to these Conditions;
5.2.3. an email acknowledging the Buyer’s order will be issued by the Seller without undue delay following order placement however this document is a summary of the Buyer’s order only and the Seller’s acceptance of the order will only take place in accordance with Condition 5.1.
5.3. If the Seller is unable to accept the Buyer’s order, the Seller will inform the Buyer of this and will not charge the Buyer for the Goods/Services. This might be because the goods are out of stock, because of unexpected limits on the Seller’s resources which the Seller could not reasonably plan for, because the Seller has identified an error in the price or description of the goods or because the Seller is unable to meet a delivery deadline the Buyer has specified.
5.4. The Seller will assign an order number to the Buyer’s order and notify this to the Buyer when the Seller issues the Order Confirmation. The Buyer should refer to this order number when contacting the Seller about its order.
5.5. The Seller’s brochure(s) and the Website are solely for the promotion of the Seller’s goods in the United Kingdom. Unfortunately, the Seller does not install goods at addresses outside mainland England and Wales.
5.6. The Buyer shall be under a duty to provide the Seller with all the relevant information as requested by the Seller from time to time or which is necessary to enable the Seller to perform the Contract.
6. Changes
6.1. If the Buyer wishes to make a change to the Goods ordered it must contact the Seller who will inform the Buyer if the change is possible. If it is possible the Seller will inform the Buyer of any changes to the Price, the timing of supply or anything else which would be necessary as a result of the Buyer’s requested change and ask the Buyer if it wishes to proceed with the change in question.
6.2. The Seller reserves the right to make any changes to the Goods:
6.2.1. which are required so that the Goods conform with any applicable statutory or EU requirement; or
6.2.2. where such changes to the Goods do not materially affect the quality or performance of the Goods.
7. Cancellation
7.1. No order which has been accepted by the Seller may be cancelled except in accordance with Condition 10.3, Condition 14 or Condition 18.3 or with the written agreement of both parties and on the terms that the party requesting the cancellation shall indemnify the other in full against all loss (including but without limitation loss of profit), costs (including but without limitation the cost of all labour and materials used), damages, charges and expenses reasonably incurred as a result of cancellation.
7.2. If the Buyer wishes to cancel an order following delivery of the Goods and the Seller agrees to the cancellation in Writing, the Buyer must return the Goods to the Seller’s place of business at its own expense (unless the Goods are faulty). If the Seller collects the Goods it will be entitled to deduct the reasonable costs of collection from any refund due to the Buyer (unless the Goods are faulty).
7.3. If the Buyer cancels an order other than in accordance with Condition 14, unless the Seller is in breach of these Conditions the Seller may retain any money it has received from the Buyer to the extent required to cover the Seller’s losses reasonably incurred as a result of the cancellation. The Seller shall refund any of the Buyer’s money in excess of its reasonable losses to the Buyer.
7.4. The Buyer will not be permitted to cancel an order for any Goods which have been personalised or made to the Buyer’s specification (Special Order).
8. Price
8.1. The Price will be as specified on the Website and shown in the Seller’s price list in force at the time the Buyer places the order, and detailed in the Order Confirmation.
8.2. All prices quoted are inclusive of VAT or any other sales tax which will be charged at the rate in force at the time of despatch unless stated otherwise.
8.3. Unless clearly stated otherwise in the Order Confirmation, the Price shall be exclusive of the cost of delivery to the Buyer’s premises and estimated delivery costs are displayed on the Website. Delivery costs will be notified to the Buyer during the order process and shown in the Order Confirmation.
8.4. In the event that the Seller discovers an error in the price of the Goods and/or Services ordered by the Buyer, the Seller shall notify the Buyer as soon as possible and provide the Buyer with the option of either reconfirming the order at the correct price or cancelling the order. If the Seller is unsuccessful in obtaining such confirmation or cancellation from the Buyer within 7 days of notifying the Buyer, the order shall be cancelled and any payment made for the Goods shall be refunded in full.
9. Payment Terms
9.1. Save as set out in Condition 9.3, the Deposit is payable immediately upon issue by the Seller of the Order Confirmation.
9.2. Save as set out in Condition 9.3, the Buyer shall pay the balance of the Price to the Seller no later than one (1) week prior to agreed delivery date of the Goods, unless the Goods are to be purchased using a finance option, as set out on the Website at https://thehottubcompany.co.uk/hot-tub-finance-options/ .
9.3. Where the Contract which relates to Goods which are consumable items only, the full Price will be payable upon placing the order for them.
9.4. The Buyer shall be required to provide its irrevocable authority for the Seller to debit payment for the price of the Goods and/or Services from the Buyer’s debit or credit card on or after the due date for payment of the same.
9.5. The Seller shall be entitled to invoice the Buyer for any Additional Charges as and when the Additional Charges arise.
9.6. All payments by the Buyer must be made in pounds sterling and be received in full and in cleared funds, unless agreed otherwise in Writing.
9.7. The Buyer shall pay each invoice from the Seller immediately following receipt of the invoice.
9.8. If the Buyer fails to pay in full any undisputed amount due to the Seller by the due date for payment then, without prejudice to any other right or remedy the Seller may have:
9.8.1. all amounts due to the Seller in respect of any Goods and/or Services sold or supplied and any Additional Charges under any other contract which may exist between the parties shall immediately fall due for payment;
9.8.2. the Seller shall be entitled (without prejudice to any other right or remedy it may have) to:
9.8.2.1. cancel or suspend any further deliveries to the Buyer under any order;
9.8.2.2. sell or otherwise dispose of any Goods which are the subject of any order by the Buyer and apply the proceeds of sale to the overdue payment; and
9.8.2.3. charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 4% per annum above the minimum lending rate of Lloyds Bank plc.
9.9. Unless otherwise agreed in Writing by the Seller, all queries from the Buyer regarding any amount owed to the Seller or any relevant invoice must be received prior to the required payment date.
10. Delivery
10.1. The Seller shall use its reasonable endeavours to deliver the Goods to the Buyer’s Premises within the estimated delivery time displayed on the Website and the Seller shall, within a reasonable time following the date of the Order Confirmation, notify the Buyer (by post or email) of the delivery date.
10.2. Delivery of the Goods shall take place once the Goods have been unloaded at the Buyer’s Premises.
10.3. The Seller shall not be held responsible for delays in delivery caused by circumstances beyond its reasonable control, including but not limited to those circumstances in Condition 15.12. If delivery is delayed in any circumstances the Seller shall contact the Buyer as soon as reasonably practicable to arrange an alternative date for delivery. If delivery is delayed for more than 180 days otherwise than at the request of or as a result of an act or omission of the Buyer, the Buyer shall be entitled to cancel the order and end the Contract and to receive a refund for any Goods it has paid for but not received.
10.4. The Buyer must notify the Seller at the time of placing its order if it wishes to delay delivery of the Goods and the Seller reserves the right to charge the Buyer for the reasonable costs of storage.
10.5. In the event that the Buyer does not take delivery of the Goods (otherwise than by reason of the Seller’s fault) or in the event that the Buyer fails to give the Seller adequate instructions for delivery within 90 days of the date of the Order Confirmation, or provide all documents licences or authorisations as may be required for delivery to take place then, without prejudice to any other right or remedy available to the Seller whether under the Contract or otherwise:
10.5.1. the Goods shall be deemed to have been delivered;
10.5.2. the Seller may store the Goods until delivery whereupon the Buyer shall be liable for all related costs and expenses reasonably incurred (including but without limitation storage and insurance);
10.5.3. the Seller may sell the Goods at the best price readily obtainable and charge the Buyer for any shortfall below the Price payable under the Contract and the price obtained in the sale; and
10.5.4. the Buyer shall be charged for the wasted time at the Seller’s standard hourly rate and any other expenses reasonably incurred by the Seller for each attempted delivery where the Seller or Seller’s carrier leaves the delivery point and subsequently returns to the delivery point with the Goods.
10.6. Upon delivery the Buyer will sign a delivery note which will be conclusive evidence that delivery of the Goods has been made. All persons present at the delivery address shall be deemed to have authority to sign the Seller’s delivery note.
10.7. The Seller shall have the right to deliver any Goods ordered in instalments.
10.8. The Buyer shall solely be responsible for ensuring that the Buyer’s Premises are adequate to accept delivery of the Goods as detailed in the Order Confirmation, the Services Schedule, and/or the Installation Guide and the Seller reserves the right to refuse to deliver the Goods if, upon arrival, the Buyer’s Premises are not adequate and/or suitable for delivery.
10.9. If the Buyer’s Premises do not meet the requirements of the Order Confirmation, the Services Schedule and/or the Installation Guide at the time of attempted delivery of the Goods and/or commencement of the Services, then the provisions of Condition 10.5 shall apply.
10.10. If level access to the installation site of the Goods at the Buyer’s Premises is not possible or the Goods are to be installed on any floor of the Buyer’s Premises other than the ground floor, and unless otherwise agreed by the parties in Writing, the Buyer will prior to delivery of the Goods and/or the commencement of the Services if later:
10.10.1. make all arrangements for moving or relocating the Goods from the point of delivery to the installation site or the other floor (as appropriate), such arrangements including but not limited to, arranging for all necessary machinery to assist the relocation (Relocation);
10.10.2. bear responsibility for and settle all costs arising from the Relocation; and
10.10.3. ensure that the Goods are insured against all risks associated with the Relocation, and risk in the Goods shall pass to the Buyer immediately prior to the Relocation.
10.11. Condition 10.10 shall apply on the provision by the Seller of subsequent Services including but not limited to the servicing, repair, maintenance and replacement of any Goods and the resolution of any issues relating to any Goods.
11. Services
11.1. Unless the parties agree otherwise in Writing the Services will commence on delivery of the Goods or as specified in the Order Confirmation.
11.2. The Seller reserves the right to charge the Buyer for all labour at the Seller’s standard hourly rate and additional costs reasonably incurred as a direct result of:
11.2.1. unforeseen works not included in any Quotation or the Order Confirmation including, but not limited to, moving, diverting, repairing or altering underground pipes, hidden obstacles or unforeseen parts or equipment;
11.2.2. any variation to the works outlined in any Quotation or the Order Confirmation on the request of the Buyer after the time of order placement;
11.2.3. any failure on the part of the Buyer to provide readily accessible utilities for the performance of the Services as agreed in any Quotation or the Order Confirmation including, but not limited to the provision of a water supply; and/or
11.2.4. to the extent not included in the preceding provisions of this Condition 11.2, the Buyer’s failure to comply with the provisions of the Services Schedule and/or the Installation Guide in relation to the preparation of the Buyer’s Premises for installation of the Goods.
11.3. The Buyer must not attempt to use the Goods until the Services have been completed and both parties have signed and dated a completion note certifying that the Services have been completed.
11.4. The Buyer shall ensure that it is in attendance on delivery of the Goods and on all such other days as the parties agree necessary for the purpose of overseeing the Services.
12. Risk
12.1. Save as provided in Condition 12.2, risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery once the Goods have been unloaded in accordance with Conditions 10.1 and 10.2.
12.2. In the event that Relocation is required in accordance with Condition 10.10, risk of damage to or loss of the Goods shall pass to the Buyer in accordance with that Condition 10.10.
13. Title
Title in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the Price and any Additional Charges including any applicable interest.
14. Distance selling
14.1. The Buyer shall have a period of 14 Working Days (cooling off period) commencing on the day after the Contract was concluded during which it may cancel the Contract insofar as it relates to Services unless the Services commence earlier in which case the cooling off period shall end on the commencement of the Services.
14.2. The Buyer shall have a cooling off period of 14 Working Days commencing on the day after the date of delivery of the Goods during which it may cancel the Contract insofar as it relates to Goods.
14.3. The Buyer may cancel its order under Conditions 14.1 or 14.2 by writing to Waterside Leisure UK Ltd, 3 Hayhill, Barrow upon Soar, Loughborough, Leicestershire, LE12 8LD and in the case of orders for Goods by returning the Goods to the Seller within 14 days of cancellation.
14.4. The following Conditions apply when the Buyer cancels the Contract during the cooling off period:
14.4.1. the Seller shall refund payment of the price of the Goods and/or Services and any Additional Charges directly to the credit or debit card or account used for payment without undue delay and in any event within 14 days of the Seller receiving the Goods back from the Buyer; if the value of the Goods is diminished by any amount as a result of handling of the Goods by the Buyer beyond that which is necessary to establish the nature, characteristics and functioning of the Goods, the Seller may deduct that amount from the refund to the Buyer, up to the Price.
14.4.2. the Buyer shall be responsible for the costs of returning the Goods.
14.5. The Buyer shall not be entitled to cancel the Contract in accordance with this Condition 14 where the Goods are:
14.5.1. personalised or made to the Buyer’s specification (Special Order); or
14.5.2. items which have been unsealed; or
14.5.3. chemicals &/or used hot tubs (for health & safety reasons).
15. Seller’s Warranties and Liability
15.1. The Seller is not the manufacturer of the Goods. The Seller shall assign any manufacturer’s warranty or guarantee provided in relation to the Goods to the Buyer. The Buyer should refer to the Hot Tub Warranty page of the Website at https://thehottubcompany.co.uk/hot-tub-warranty/.
15.2. Subject to remaining provisions of this Condition 14, the Seller warrants that the Goods (excluding consumable items) will be free from material defects in manufacture for a period of 1 year from the date of delivery.
15.3. No warranty shall apply where:
15.3.1. the Goods are or have been connected to an electrical supply, which does not meet current electrical standards and/or the Buyer is unable to produce a genuine certificate of electrical installation in accordance with the Services Schedule, issued by a person qualified to issue such a certificate;
15.3.2. the Goods are ex-display models or are sold as refurbished including, but not limited to used or pre-owned and are documented as such in the Order Confirmation;
15.3.3. any sum(s) due to be paid by the Buyer to the Seller pursuant to the Contract have not been paid by the due date for payment in accordance with Condition 9 and remain outstanding;
15.3.4. the fault is caused by:
15.3.4.1. exposure to severe weather conditions including, but not limited to, direct sunlight, hurricanes and flooding; or
15.3.4.2. installation by the Buyer or any party other than the Seller (unless such third party is acting as agent or authorised representative of the Seller); or
15.3.5. the Buyer has requested that the Seller store the Goods for a period in excess of one (1) month after the date of the Order Confirmation, in which case the warranty shall apply but shall commence on the date falling one (1) month after the date of the Order Confirmation, notwithstanding delivery has not taken place.
15.4. The Seller shall not be liable for a breach of the warranty unless:
15.4.1. the Buyer notifies the Seller in Writing of the defect immediately on discovery and in any event within 7 days from discovery of the defect or fault, unless a longer time period is agreed in Writing by the Seller; and
15.4.2. the Seller is given a reasonable opportunity to examine the Goods and the Buyer complies with any request from the Seller to return Goods to the Seller’s place of business at the Buyer’s cost for the examination to take place there.
15.5. The Seller shall not be liable for breach of warranty relating to the Goods under this Condition 14 if:
15.5.1. the Buyer makes further use of the Goods after giving notice under 15.4.1; or
15.5.2. in the Seller’s reasonable opinion the defect arises because the Buyer has failed to follow the Seller’s or manufacturer’s instructions (whether oral or in Writing) as to the storage, installation, commissioning, proper use and maintenance of the Goods or (if there are none) good trade practice; or
15.5.3. the Buyer alters, repairs, or tampers with the Goods without the prior written consent of the Seller including, but not limited to, making any alteration to the specification or layout of the Goods.
15.6. Where any valid warranty claim in respect of the Goods is made by the Buyer under Condition 15.2, the Seller shall be entitled at its option to:
15.6.1. replace or repair or correct the Goods (or the part in question) found not to conform to that warranty at the Seller’s cost; or
15.6.2. at the Seller’s sole discretion, refund to the Buyer the Price (or a proportionate part of the Price) of the relevant part of the Goods found not to conform to that warranty.
15.7. Where the Seller deems (acting reasonably) that the Buyer’s claim does not constitute one which falls under the warranty provided under Conditions 15.1 or 15.2 then the Seller shall be entitled to charge the Buyer for the costs of any repairs or replacement and reserves the right to charge the Buyer for the reasonable travelling and labour costs incurred inspecting, replacing, repairing or correcting the Goods in question.
15.8. The Buyer may not transfer the warranty provided in Conditions 15.1 or 15.2 without the Seller’s prior written consent.
15.9. Nothing in these Conditions excludes or limits the liability of the Seller for death or personal injury caused by the negligence of the Seller or any liability which may not otherwise be limited or excluded under applicable law, including under the CRA (unless the Buyer is acting as a business and not a consumer).
15.10. Subject to Condition 15.9 and other than as expressly provided in these Conditions any indemnities, warranties, terms and conditions (express or implied) are excluded to the fullest extent permitted under applicable law.
15.11. Subject to Condition 15.9 above, the Seller shall not be liable for any losses under the Contract which:
15.11.1. were not foreseeable to the Buyer and Seller at the time when the Contract was made;
15.11.2. relate to any business of the Buyer; and/or
15.11.3. were not caused by any breach of these Conditions by the Seller, its agents or employees.
15.12. The Seller shall not be liable to the Buyer nor be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Contract, if the delay or failure was due to any cause beyond the Seller’s reasonable control such as (but without limitation) any strike, lock-out or other form of industrial action, reduction in or unavailability of power at the Seller’s works or those of the Seller’s suppliers, breakdown of manufacturing or other equipment and unavailability of raw materials.
15.13. Without prejudice to the preceding provisions of this Condition 14, in the event that the Seller is required to remove the Goods from the Buyer’s Premises or relocate them at the Buyer’s request, in each case for any reason, any additional costs incurred by the Seller as a result of any alteration to the Buyer’s Premises subsequent to the original delivery and installation of the Goods shall be for the account of the Buyer.
15.14. This Condition 14 does not affect the statutory rights of the Buyer as a consumer under the CRA or otherwise.
16. Buyer’s Obligations and Warranties
16.1. The Buyer shall ensure that the terms of its order and the Order Confirmation are complete and correct, and co-operate with the Seller in all matters relating to the Goods and the Services.
16.2. The Buyer warrants that it shall not remove or modify any constituent parts of the Goods including but without limitation, any safety devices on the Goods without the Seller’s prior approval in Writing.
16.3. The Buyer warrants that the base area for the installation for the Goods and the immediately surrounding area shall be flat, smooth and freely accessible and otherwise is in accordance with the requirements of the Service Schedule and the Installation Guide.
16.4. The Buyer warrants that it has complied with the requirements of the Service Schedule and the Installation Guide.
16.5. The Buyer warrants that the load bearing capacities of any decking, floor, wall, ceiling or other structure on which the Goods are to stand shall be adequate for the purposes of the Goods and shall be in a suitable state of repair and condition for the Services to be performed safely and the Seller shall have no responsibility or liability in relation thereto.
16.6. The Buyer warrants that the Buyer’s Premises and all equipment provided by the Buyer and employed on it shall comply with all appropriate statutory and regulatory requirements including all applicable building regulations, fire regulations, health and safety legislation, codes of practice and any statutory or regulatory requirements.
17. Data Protection and personal information
17.1. The Seller will use personal information provided by the Buyer:
17.1.1. to supply the Goods and/or Services to the Buyer;
17.1.2. to process payment for the Goods and/or Services; and
17.1.3. if the Buyer has agreed to it during the order process, to inform the Buyer about the products and services of the Seller, but the Buyer may elect to stop receiving such communications at any time by contacting the Seller.
17.2. Where third party credit facilities are made available to the Buyer for Goods and/or Services, the Seller may pass the Buyer’s personal information to those third party credit providers and credit reference agencies and they may keep a record of the Buyer’s personal information and any search that they carry out.
17.3. The Seller will only provide the Buyer’s personal information to other third parties where the law either requires or allows it to do so.
17.4. All personal information will be collected, stored and used by the Seller in accordance with its Privacy Policy (which can be found on the Website at https://thehottubcompany.co.uk/privacy-policy/) and in accordance with the Data Protection Act 2018 and all other applicable data protection and privacy legislation in force from time to time in the United Kingdom.
18. Insolvency
18.1. This Condition applies in respect of the Buyer if:
18.1.1. the Buyer makes any voluntary arrangement with its creditors or becomes bankrupt;
18.1.2. an encumbrancer takes possession or a receiver is appointed, of any of the property or assets of the Buyer; or
18.1.3. the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
18.2. This Condition applies in respect of the Seller if:
18.2.1. the Seller makes any voluntary arrangement with its creditors, becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);
18.2.2. an encumbrancer takes possession or a receiver is appointed, or any of the property or assets of the Seller; or
18.2.3. the Seller ceases, or threatens to cease, to carry on business; or
18.2.4. the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Seller and notifies the Buyer accordingly.
18.3. If this Condition applies then, without prejudice to any other right or remedy available, the Seller or the Buyer (as applicable) shall be entitled to cancel the Contract and:
18.3.1. where this Condition operates in favour of the Seller, the Seller will also be entitled to suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods and/or Services have been delivered and/or performed but not paid for, all of the Seller’s outstanding invoices to the Buyer shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary; and
18.3.2. where this Condition operates in favour of the Buyer, the Buyer will also be able to refuse further deliveries of Goods and/or performance of Services under the Contract without any liability to the Seller, notwithstanding Condition 10.5.
19. General
19.1. Any notice other than an Order Confirmation required or permitted to be given by the Seller to the Buyer under these Conditions shall be in Writing addressed to the Buyer’s Premises or such other address as may at the relevant time have been notified in Writing to the Seller.
19.2. Any notice required or permitted to be given by the Buyer to the Seller under these Conditions shall be in Writing addressed to the Seller’s registered office or principal place of business or such other address as may at the relevant time have been notified in Writing to the Buyer.
19.3. Notices served under these Conditions shall be deemed served as follows:
19.3.1. in the case of notices to cancel the Contract under Condition 14 sent by e-mail, post or delivered personally on the day on which the notice is sent or left; or
19.3.2. in the case of all other notices on the next day following posting provided that this falls on a Working Day where the recipient’s address is in the United Kingdom, or on the seventh Working Day following posting where the recipient’s address is outside of the United Kingdom. Any notice delivered personally shall be deemed served at the time of personal delivery, provided the same occurs on a Working Day. Any notice sent by e-mail shall be deemed served at the time of transmission provided that this occurs on a Working Day and a confirmatory copy of the e-mail is sent by post within 24 hours of transmission.
19.4. If any provision in these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions shall remain in full force and effect.
19.5. No delay or failure by either party to exercise any powers, rights or remedies under these Conditions will operate as a waiver of them and to be effective any waiver must be in Writing and signed by an authorised representative of the waiving party.
19.6. Each right or remedy under the Conditions is without prejudice to any other right or remedy under the Conditions or otherwise.
19.7. A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
19.8. The Seller may transfer its rights and obligations under these Conditions to another organisation. The Seller shall contact the Buyer to inform the Buyer if the Seller plans to do this.
19.9. The Seller’s consent in Writing is required for the Buyer to transfer its rights under these Conditions to someone else.
20. Dispute resolution, jurisdiction and law
20.1. The Seller is a member of both The British and Irish Spa and Hot Tub Association (www.bishta.co.uk ) and The Swimming Pool and Allied Trades Association (www.spata.co.uk). Each of these entities offers a dispute resolution forum which can be accessed at www.bishta.co.uk/contact-us/dispute-resolution/ and www.spata.co.uk/contact-us/dispute-resolution/ respectively. The Buyer may want to contact either of these entities if it is not satisfied with how the Seller has handled a complaint.
20.2. The Contract shall be governed by the laws of England and the relevant courts of the England will have exclusive jurisdiction over any court proceedings arising in relation to it.
