Terms and conditions of sale to consumers
1 These Terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, including the related services which we may provide where that sale is a “distance” contract which we enter with you. That means that these terms will apply where there is a sale via our website or a sale which we agree via telephone discussions and/or email. These terms would not apply where a contract is formed where we meet face to face in our sales showroom and different terms and conditions will apply in that situation.
1.2 Why you should read them. Please read these terms carefully before you place an order with us for products. 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.
1.3 Who these terms apply to. These terms apply to any customer who purchases products and related installation services in the capacity as a consumer. Any person who is a business customer should contact us directly as different terms and conditions will apply. The sale of products via our website is equally aimed at consumers only and any person intending to purchase products for any commercial use should not purchase products from us online.
2 Information About Us and How to Contact Us
2.1 Who we are. We are Hyperion Hot Tubs Ltd. We trade as Hyperion Hot tubs and our company is registered in England and Wales. Our company registration number is 12596876 and our registered office is at Unit 8-9 Uddens Trading Estate, Wimborne, Dorset, BH21 7LL. Our registered VAT number is 370527502.
2.2 How to contact us. You can contact us by telephoning our customer service team on 01202 985125 or by writing to us at info@Hyperionhottubs.co.uk.
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 or other correspondence with us.
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 for all distance contracts apart from orders placed through our website. Given the nature of our products, we are likely to speak to you and/or enter into email correspondence with you to talk about products you might be interested in. Our acceptance of your order will only take place when we send our Order Confirmation document, 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 product. This might be because the product is 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 product or because we are unable to meet a delivery deadline you have specified or if we do not think, based on the information you have supplied that the product can be accommodated in the space you have told us about (for example if the space is too small).
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to mainland UK. Our brochure and website is solely for the promotion of our products in mainland UK (i.e. excluding Northern Ireland and the islands). Unfortunately, we do not accept orders for delivery of our products to addresses outside the UK mainland. If you wish to purchase our products for installation outside the UK mainland, we may at our discretion agree with you that you may collect the products from our depot, on the basis that you will be responsible for onward shipping, and our warranty will cover parts only, not labour.
3.5 For orders through our website only, a different process will apply. We offer some products for sale through our website such as cleaning products, accessories, parts and water care products. We do not sell hot tubs themselves through our website and so the following process would not apply to the sale of a hot tub.
3.6 Online shopping process
The following explains the process you will go through to place an order on our website and how the contract for the sale of those products to you, will be formed.
Step 1 – Choosing your products
You can browse our products which are available for purchase.
You can select products for purchase by clicking on the items you are interested in and then clicking “Add to basket”.
Step 2 – Reviewing your basket
You can review the products added to your basket and change the contents. Simply click on “Basket”.
Step 3 – The checkout page
Once you have finished browsing, you can proceed by clicking on “Proceed to Checkout”.
You will then be asked to input your billing details and delivery details.
You also have the possibility of providing us with any special delivery instructions.
On this page, you will also be given a summary of your order.
Please check all details very carefully and correct any mistakes or change the products which you want to order if they are incorrect. Any incorrect information such as an incorrect delivery address will be your responsibility and is likely to cause problems with or delay your order.
Step 4 – Accepting our terms, payment and placing the order
You will be asked to choose a payment method and then will be taken to the appropriate page depending on how you wish to pay. Please enter all payment details correctly and check the information carefully before placing your order.
We accept payment by most major credit and debit cards.
Before you place the order, you should read our terms and conditions carefully. If you are happy to proceed, click to confirm your acceptance of the terms.
In order to place the order and proceed with the purchase, you will need to click “Place order”.
Step 5 – Order Confirmation
Once you have placed the order and we have confirmation that payment is authorised, we will send you an order confirmation email. Please retain a copy of the order confirmation email and keep it for your records.
Our sending the order confirmation means that your order has been accepted and at that point, the contract between us will be formed.
Finally, when the products have been dispatched to you, you will receive another email, confirming that your order is on its way to you.
4.1 Products may vary slightly from their pictures. The images of the products on our website and in our brochure are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that if you are looking at images on a computer screen for example that your device’s display of the colours accurately reflects the exact colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website and in our brochure. We will use packaging which we think is most suitable for the products.
4.3 Making sure your measurements are accurate. It is extremely important when you buy a product from us, especially, a hot tub, that you measure the space available in the relevant location where you want it to be situated. This also includes ensuring that the access to the relevant location is sufficient to allow us to deliver and install the product to you.] You must therefore:
4.3.1 measure the location for installation of your hot tub accurately;
4.3.2 send us a short video of the area for product installation;
4.3.3 measure access to the relevant areas to ensure all required access is of a sufficient size to allow the hot tub to be delivered;
4.3.4 provide to us, such measurements and other similar information as we may reasonably request;
4.3.5 ensure that all information you provide to us is accurate.
You can find information and tips on how to measure on our website and in our brochure or by contacting us.
5. Your Rights to Make Changes
If you wish to make a change to the product you have ordered, for example, if you wish to change the model you have ordered, please contact us. We will let you know if the change is possible though please note that none of the products we supply is bespoke and therefore we cannot accommodate any personal specifications. If a change is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8, Your rights to end the contract).
6 Our Rights to Make Changes
6.1 Minor changes to the products. We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements, including changes in the types of parts used. These changes will not affect the overall performance of the product.
Some of these changes may be made by the manufacturers of products who are our suppliers and therefore in many instances, these changes will be beyond our control.
6.2 More significant changes to the products. If we or one of our suppliers makes a more significant or substantial change to the product such as how the product works or performs, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7 Providing the Products
7.1 Delivery costs. Our prices include delivery costs.
7.2 When we will provide the product(s). During the order process we will let you know when we will provide the products to you. We will deliver the product to you as soon as reasonably possible and we will contact you to arrange a delivery date. This will usually be 2 to 4 weeks after we send you an order confirmation, but at busy times could potentially be up to 6 weeks afterwards.
7.3 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 as soon as possible 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. Many of the products which we supply come from the USA and so have to be shipped into the UK and so many different factors can have an effect on delivery times.
7.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours on weekdays (excluding public holidays).
7.5 Arrangements for delivery. You must ensure that you (or, provided that you are not purchasing the hot tub on finance, a person nominated on your behalf) are available to take delivery on the agreed delivery date. This is especially important when we are delivering a hot tub to you because in most cases, we will be installing the hot tub for you. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or where appropriate, collect the products from a local depot. You must also ensure that on the agreed delivery date and in good time in advance of our arrival:
7.5.1 there is sufficient space for our installation team to work;
7.5.2 all areas are clear and free from obstruction, clear and tidy, including all access and egress areas;
7.5.3 there is an appropriate space for our delivery and other vehicles to park safely, without causing a highway obstruction and so as to provide reasonable access to the location for delivery or installation;
7.5.4 you have cleaned the relevant area in which the product is to be installed or delivered if appropriate (please do not ask our installation team to delay their work due to areas needing to be cleaned);
7.5.5 the location in which the hot tub is to be installed is flat and levelled and that all other requirements of our preparation guides have been adhered to;
7.5.6 the location for installation of the hot tub has an accessible and functioning water and power supply;
7.5.7 if we have advised you prior to delivery that a crane is needed to lift the hot tub into place, you have arranged for a crane and suitable operator to be at the site, ready to lift the hot tub into place. If alternatively we have agreed to provide a crane and operator, you must comply with all instructions which we provide in this regard. In either case, you should note that the use of a crane may result in minor wear and tear to the area on which it is standing (e.g. marking of a driveway) and that we are not liable to repair or compensate you for any such wear and tear.
7.6 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or where appropriate and agreed, you fail to collect the products from us, we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.7 If you do not allow us access to provide services. In many instances, we will also install as well as supply a hot tub product where we have agreed to do so in line with your accepted order. If you do not allow us access to your property to perform the installation services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property in order to install the products, we may end the contract or cancel the installation services and clause 10.2 will apply. In such circumstances where we deliver the product but cannot perform the installation service, we will not be responsible to you for any matters relating to failed installation and you will be responsible for the installation of the products yourself.
7.8 When you become responsible for the products. A product will be your responsibility from the time we deliver it to the address you gave us, or you or a carrier organised by you collect it from us.
7.9 When you own products. Where you purchase a product from us outright, you own a product once we have received payment in full and cleared funds. However, if you have agreed a separate finance arrangement in respect of your product, the terms of ownership of the product will be dealt with in accordance with the terms of the finance arrangement which you may have agreed.
7.10 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 have told you about this during phone conversations or email exchanges with you. 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 (and clause 10.2 will apply) 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.
7.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.11.1 deal with technical problems or make minor technical changes;
7.11.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.11.3 make changes to the product as requested by you or notified by us to you (see clause 6).
7.12 Your rights if we suspend the supply of products. If for any reason we suspend a particular product for example, if it becomes discontinued, we will contact you in advance to tell you we will be suspending its supply, unless the reason for suspension is urgent or an emergency. You may contact us to end the contract for a product if we suspend it for, or tell you we are going to suspend it for, longer than thirty days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.13 We may also suspend 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 12.4) and still do not make payment within seven days of us reminding you that payment is due, we may refuse to deliver the products until you have paid us the outstanding amounts and may change any agreed delivery date until such time as we are paid. We will contact you to tell you we are suspending supply of the product. As well as suspending the delivery of the product, we can also charge you interest on your overdue payments (see clause 12.6). If you have a finance arrangement in place and fail to make payments in accordance with the finance agreement, the effect of such non-payment will be as set out in your finance arrangement.
8 Your Rights to End the Contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the product which you do not agree to (see clause 6.2);
8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4 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 six weeks; or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought over the telephone, by mail order by exchange of emails as well as where you might buy goods from our website (i.e. the ancillary products which we make available online and which you can shop for on our website) you have a legal right to change your mind within 14 days of receiving the products and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms below.
8.4 How long do I have to change my mind? When you buy a product from us, in accordance with your cancellation right under the Consumer Contracts Regulations 2013, you have 14 days after the day you (or someone you nominate) receives the products, (unless your products are split into several deliveries over different days, for example if you buy several products from us from our website). In this latter case, you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
9 How to End the Contract With Us (including If You Have Changed Your Mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1 Phone or email. Call customer services on 01202 985125 or write to us at Info@hyperionhottubs.co.uk. Please provide details of what you bought, when you ordered or received it and your name and address.
9.1.2 Online. Complete the form at end of these terms.
9.1.3 By post. Complete the form available on our website and post it to us at the address on the form. Alternatively, you can write to us at Hyperion Hot Tubs Ltd, Unit 8-9 Uddens Trading Estate, Wimborne, Dorset, BH21 7LL, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the products in person to where you bought them, post them back to us or (if they are not suitable for posting depending on what they are) allow us to collect them from you. Please call customer services on 01202 985125 or write to us at Info@hyperionhottubs.co.uk, Hyperion Hot Tubs Ltd, Unit 8-9 Uddens Trading Estate, Wimborne, Dorset, BH21 7LL to arrange collection. If you are exercising your right to change your mind you must send off the products or otherwise arrange collection with us within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the products are faulty or misdescribed; or
9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return including uninstallation if the hot tub has already been installed).
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection, including uninstallation (as applicable). The costs of collection will be explained to you in the course of email exchanges.
9.5 How we will refund you. We will refund to you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if you choose to have the product delivered at a higher cost than our cheapest delivery option, then we will only refund what you would have paid for the cheaper delivery option.
9.6.3 We may also deduct from any refund, an amount for the supply of the installation service, where relevant, where that service has already been performed at the time at which you tell us that you had changed your mind.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
9.7.1 For products where we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
9.7.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10 Our Rights to End the Contract
10.1 We may end the contract if you break it. We may end the contract with you at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;
10.1.2 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, including any of the information referred to in clause 4.3;
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; and/or
10.1.4 you do not, within a reasonable time, allow us access to your premises to supply the installation services.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11 If There Is a Problem With the Product
11.1 How to tell us about problems. We are under a legal duty to supply products that are in conformity with this contract. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 01202 985125 or write to us at Info@hyperionhotttubs.co.uk Hyperion Hot Tubs Ltd, Unit 8-9 Uddens Trading Estate, Wimborne, Dorset, BH21 7LL
11.2 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. Please call customer services on 01202 985125 or write to us at Info@hyperionhottubs.co.uk to arrange collection.
11.3 Manufacturer guarantee or warranty. In some cases, a product may be accompanied by a separate guarantee or warranty. The details of that will be set out in the additional paperwork provided which will depend on the specific nature of the product. In some instances, that guarantee will be a manufacturer’s guarantee or warranty which will be in accordance with what that particular manufacturer may offer. If you do exercise your rights under the manufacturer’s warranty for a hot tub, you may still have to pay us a call-out fee as follows:
11.3.1 if we are called out to the hot tub within the first year after you purchase it, we will not charge a call-out fee;
11.3.2 if we are called out to the hot tub within the second year after you purchase it, we will charge a call-out fee of £49.99 plus VAT per visit; and
11.3.3 if we are called out to the hot tub within the third year after you purchase it, we will charge a call-out fee of £99.99 plus VAT per visit.
These call-out fees include the first hour of time spent on site.
Please note that the warranty for any hot tubs in respect of which you may arrange for onward transport to outside of the mainland UK (see clause 3.4) will only cover parts, and not labour. We do not attend call-outs to hot tubs located outside mainland UK.
11.4 Your statutory rights are not affected. Your statutory rights are not affected by any guarantee or warranty which accompanies your product.
12 Price and Payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price as set out on our website for those products which you buy from us directly online or in all other cases as confirmed to you in the order confirmation. We take all reasonable care to ensure that the price advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 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 product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. We use our best efforts to ensure that the price of the product advised is correct. However, if we discover an error in the price of the product you order:
12.3.1 where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount;
12.3.2 where the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order;
12.3.3 where we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as mispricing, we may end the contract, refund any sums you have paid and require the return of any products provided to you.
12.4 When you must pay and how you must pay. We accept payment by all major credit and debit cards for those products where you are paying for something in full and in advance of delivery. All payments by credit card or debit card need to be authorised by the relevant card issuer. You may also be required to complete extra security steps, such as:
12.4.1 Verified by Visa: https://www.visaeurope.com/making-payments/verified-by-visa/
12.4.2 Mastercard®SecureCodeTM: https://www.mastercard.co.uk/en-gb/consumers/features-benefits/securecode.html
12.5 For those arrangements where a finance option is available, payments will be in accordance with any finance agreement which you may enter into in order to finance your purchase.
12.6 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 2% a year above the base lending rate of the Bank of England 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.
12.7 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.
12.8 Other payment information. If you think an invoice is wrong please contact us promptly to let us know.
12.9 If your payment is not received by us and you have already received the products, you must:
12.9.1 pay for them within 14 days of receipt; or
12.9.2 return them to us as soon as possible. If so, you must keep the products in your possession, take reasonable care of them, and not use them before you return them to us.
12.10 If you do not return any products when you should have done (e.g. you have not paid for them) we may collect the products from you at your expense. We will try to contact you to let you know if we intend to do this.
12.11 All prices and payments shall be in pounds sterling (£)(GBP) unless otherwise stated.
13 Our Responsibility for Loss or Damage Suffered By You
13.1 Our liability to you. We do not in any way exclude or limit our liability to you where it would be unlawful to do so. This includes liability for:
13.1.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
13.1.2 fraud or fraudulent misrepresentation;
13.1.3 breach of your legal rights in relation to the products; and
13.1.4 defective product under the Consumer Protection Act 1987.
13.2 If we fail to comply with these terms or are negligent, we are responsible only 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 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. This means that our liability to you will be limited to the reasonable losses which are foreseeable as a direct consequence of something we do (or fail to do).
13.3 We will not be liable to you in respect of any indirect or special losses which means that we will not be responsible or liable for any loss or damage you incur as a side effect or consequence of the direct, main loss or damage or for anything which we could not reasonably anticipate or which you incur without first allowing us a reasonable opportunity to remedy any default which we are responsible for, within an appropriate and reasonable period.
13.4 We only supply the products for domestic and private use. If, despite this restriction, 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.
13.5 When we are liable for damage to your property. If we are providing services in your property, i.e. installation services for a hot tub you have purchased from us, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services, or for any minor wear and tear caused to the area upon which any required crane stands. If our delivery and installation team tell you that there is a chance that delivering and/or installing a hot tub in a certain way may mark or otherwise damage your property, and you agree to them proceeding in that way, we shall not be responsible for any damage caused as a result of using that delivery and/or installation method, to the extent that the damage is of the nature of which they warned you.
13.6 We are not liable for business losses. Unless otherwise expressly agreed, we only supply the products for domestic and private use. If, despite this restriction, 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.
13.7 Nothing in this clause or elsewhere affects your statutory rights including the rights which you have under the Consumer Rights Act 2015.
14 Complaints and disputes
14.1 How we resolve disputes. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the products, our service to you or any other matter, please contact us as soon as possible.
14.2 If after our customer service team has investigated your complaint, it has not been resolved, you may refer the dispute to an Alternative Dispute Resolution (ADR) provider. ADR 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. While we are not a member of any ADR scheme, an example of an ADR provider which you could choose is The Retail Ombudsman. You can find more information about this provider at www.theretailombudsman.org.uk. If you are not satisfied with the outcome, you may still bring legal proceedings in a court. You can also choose to go to court and do not have to seek to resolve a dispute via ADR.
14.3 For further information, consumers can also contact a local Citizens Advice office.
15 Your Personal Information
15.1 How we may use your personal information. In order to process your order, deliver your products, handle payments and deal with any after sales matters, we will need to collect and hold certain personal information about you such as you name, address and payment information. Doing this is necessary for the proper performance of our contract with you. We may also send information on news and offers once you become a customer or if you subscribe.
16 Other Important Terms
16.1 We may transfer this Agreement to someone else. We may transfer our rights under our contract with you to another business or company where we reasonably believe your rights will not be negatively affected. If you are unhappy with the transfer you may contact us to cancel any orders you have placed which we are yet to fulfil at the time of the transfer.
16.2 Transfer of your rights. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under the contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms except where we specifically agree. This may include any person who you pass any product guarantee onto which means that you may pass any associated product guarantee to a person who has acquired the product from you. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
16.4 If any of these clauses is not valid. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unenforceable, all other clauses will remain in full force and effect.
16.5 Rights can be exercised 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 later have to do those things and it will not prevent us taking steps against you at a later date.
16.6 Law and jurisdiction. These terms are governed by English law and (without affecting your other rights and remedies for example, in relation to ADR as explained above) you can bring legal proceedings in respect of the products or this contract in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products or this contract in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products or this contract in either the Northern Irish or the English courts
16.7 We may appoint third parties. We reserve the right to appoint any third parties to assist us in performing our obligations or providing products, as we decide.
16.8 The agreement between us. The contract is the entire agreement and understanding between us regarding its subject matter and all other statements and terms whether written or verbal are excluded to the fullest extent that the law permits. However, this does not affect any related finance agreement which you may have in place in connection with the financing of your purchase.
17 COVID-19 and other events beyond our reasonable control
17.1 Events beyond our control and the effect of Covid-19. From time to time, we may be affected by circumstances beyond our reasonable control. This means that we may need to vary or delay the performance of our obligations under the contract if we are unable to perform or delayed in performing any of our obligations due to any reason beyond our reasonable control including (without limit) legislation, government acts or restrictions, pandemic or epidemic, fire, flood, failure of power supply, inclement weather, storm, strike, employee or contractor stoppages, trade embargo, sanctions, import or export control, or restrictions or similar or closure of a transport network.
17.2 The provisions in clause 17.1 also apply specifically to the Covid-19 pandemic, epidemic and its effects including any Government actions, rules, laws, advisories, sanctions, guidance or other actions of Government (whether central or local and in any jurisdiction) arising as a result of the Covid-19 pandemic, including, a lockdown, partial lockdown, social distancing requirements, quarantine or self-isolation requirements.