TERMS & CONDITIONS - LINCOLNSHIRE POOLS & SPAS LTD
1. Terms and Conditions of Trading
Terms & Conditions for Consumers
These Terms and Conditions (‘the Terms’) govern your relationship with Lincolnshire Pools & spas Ltd.
Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these terms, please do not place an Order for Goods or Services with us.
All Orders for Goods or Services accepted by us will be subject to the following Terms which will form part of and will govern the contract of sale. No variation of these Terms will be accepted unless agreed in writing by an authorised person or persons of Lincolnshire Pools & spas Ltd.
‘Contract’ means any contract between you and us for the sale and purchase of Goods or Services, incorporating these Terms.
‘Goods’ means an individual product or good including software as described in our literature or website.
‘Order’ means an order for Goods or Services made by you in accordance with these Terms.
‘Order Confirmation’ means our written acceptance of your Order.
‘Services’ means service and support provided by us to you.
2.1 When you place an Order for Goods or Services, this will be regarded as an offer by you to purchase the Goods or Services subject to these Terms and we shall not be obliged to accept your offer at our discretion.
2.2 All details including item model, colour options and any associated features and services are thoroughly checked and you will be asked to confirm and accept these details on an order form. In confirming your order, you agree that the order details and its contents are correct. Once completed, your order forms part of a legally binding contract, which cannot be cancelled by either party without charge. This becomes your order confirmation.
2.3 We reserve the right to obtain validation of your credit or debit card details before providing you with any Goods or Services.
2.4 The Order Confirmation will be binding on you unless there is an inadvertent discrepancy between the Goods or Services that you ordered and those detailed in the Order Confirmation. You should notify us as soon as you become aware of any such discrepancy.
2.5 If we cannot supply the Goods ordered by you, we reserve the right to offer alternative Goods of equal or superior quality. Any such changes will be detailed in the Order Confirmation. In such cases, if you do not wish to accept the alternative Goods offered, you may cancel the Order and require the refund of any money paid to us in respect of that Order, including carriage charges. This shall be your sole remedy.
2.6 We make every effort to supply the Goods as advertised but reserve the right to supply the Goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer. Images of Goods are provided for illustrative purposes only and the actual Goods you receive may differ from the image displayed in the catalogue or on our website, especially with generic products.
2.7 When you place an order, you are undertaking to us that:
(a) All details you provide to us for the purpose of purchasing Goods or Services are correct, and
(b) The credit or debit card you use to make a purchase from us is your own card, that you are authorised to use it,
And that there are sufficient funds or credit facilities to cover the cost of any Goods or Services you order from us.
3. PRICES AND PAYMENT
3.1 Goods and Services, together with VAT, are invoiced at the price prevailing at the time of your Order.
3.2 We reserve the right to vary our prices from time to time.
3.3 When you submit an Order, you will be notified of any additional costs including shipping and handling costs or insurance.
3.4 We will not supply Goods or Services to you until payment has been received in full unless stated otherwise at point of ordering.
3.5 Payment for Goods to be delivered on the UK mainland may be made by bank transfer, cash, cheque and Visa, MasterCard or Maestro.
4. DELIVERY, TITLE AND RISK
4.1 We shall use reasonable endeavours to despatch Goods to you by the estimated delivery date, but we shall not accept liability for failure to deliver within the stated time or on a stated day, where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. You will not be entitled to damages or compensation if delivery of Goods does not occur on the estimated delivery date.
4.3 Where a delay is likely we shall endeavour to keep the customer updated.
4.4 Delivery is deemed to take place when the Goods are delivered to your nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to you.
4.5 If you cannot accept delivery, we may at our option:
(a) Re-arrange delivery provided that we may charge you for the additional delivery costs incurred.
(b) Arrange storage at the Customer’s risk and cost (including transportation).
4.6 Upon delivery of the Goods, you will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is your responsibility to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, you should either note this on the Proof of Delivery or refuse to accept delivery of the Order.
4.7 We shall not be liable for discrepancies or damage evident on delivery where you accept delivery and sign the Proof of Delivery without amendment.
4.8 You may request a copy of the Proof of Delivery, provided that this request is made within 7 days of the date of delivery and we shall use reasonable endeavours to provide such proof. If you do not make such a request, or notify us in accordance with clause 4.9 then we shall be entitled to assume that all the Goods in your Order have been delivered successfully.
4.9 You should notify us as soon as possible and in any event no later than 48 hours after delivery in the event that Goods are found to be damaged on delivery, items are missing, the Goods are not as specified in the Order Confirmation or delivery does not take place on the estimated delivery date. If you need to return any Goods, then please see our Returns policy below.
5. RETURNS AND WARRANTIES
5.1 If you need to return Goods to us, they must be in the original manufacturer's packaging (which shall not be defaced) complete with accessories, manuals and documentation.
5.2 In the event that any Goods Delivered to you do not correspond with the goods in the Order Confirmation, or have been Delivered to you by mistake, then you will be under a duty to take reasonable care of such Goods and to contact our Customer Services team immediately no later than 14 days. We will then arrange for a courier to collect the Goods and replacements to be supplied on a credit and recharge basis.
5.3 Address for returns of Goods
If you need to return Goods to us for whatever reason, then please send such items to: Lincolnshire Pools & Spas Ltd, Unit 26 Fleet Road Industrial Estate, Holbeach, Spalding, Lincolnshire PE12 8LY
5.4 Your Right to Cancel
The Customer may not return any Goods supplied in accordance with the Contract after the Contract has been made. The Company may, at its absolute discretion and following the Customer's prior written request, agree to the cancellation of an order and / or to the return of any Goods and it shall be a condition of the company exercising its discretion which:
(a) The Goods to be returned form part of the Company's normal stock holding.
(b) The Customer shall pay the Company a sum equal to the greater of 20% of the price of the Goods or £20 for each item comprising the Goods;
(c) Any Goods returned are in their original condition:
(d) The Customer shall, in addition, be liable for the costs of delivery or re-delivery.
(e) When you cancel an Order, we will refund the price paid, less any direct cost of recovering the Goods
(When applicable), within a period of 30 days from the date of cancellation.
5.5 Care of Goods to be returned
Whilst in possession of the Goods you are under a statutory duty to take reasonable care of them. We reserve the right to claim against you for Goods returned which have been made unfit for resale or damaged whilst in your possession.
5.6 Returns of Defective Goods
(a) In the event that Goods are found to be defective at any time within the first 30 days from delivery then please
contact our Customer Services team immediately that you become aware of the defect, ensuring that you have
the item’s serial number available to provide to our staff. Different manufacturers have differing policies for
dealing with Goods which are termed ‘dead on arrival’, meaning that the Goods are found to be defective
either on delivery or very shortly afterwards.
It is your responsibility to package and secure the Goods prior to collection.
(b) We shall at our option repair or replace such Goods (or the defective part) or refund the price of such Goods
at the pro-rata contract rate provided that you return the Goods to us with all internal and external parts
that were delivered with the Goods.
(c) If we have arranged for a courier collection of your product, this will normally occur between 9.00am and
5.30pm. We are unable to specify a precise collection time, and it is your responsibility to ensure that
someone will be present at the collection address when the courier arrives.
(d) On receipt by us of the returned Goods, if following the testing process the Goods are found to be in good
working order without defect, we will return the Goods to you, and the carriage costs of this return will be
your responsibility. Please note that if you have, in the meantime, required us to provide you with replacement
Goods before completion of the testing process, you will be liable to pay for these Goods. If, when we examine
the Goods, it is evident that the defect has arisen because you have failed to follow the
manufacturer’s instructions as to the storage, installation, commissioning, use or maintenance of the Goods,
or if you have altered the Goods without our consent then we reserve the right to refuse or limit any refund.
5.7 Warranty Claims
(a) If Goods become faulty more than 30 days after delivery then you are advised to contact the manufacturer
and use their warranty procedure. Unless otherwise stated in the manufacturer's documentation, all Goods will
carry a manufacturer's warranty. If you wish to make a warranty claim, you should comply with the manufacturer's
instructions and warranty procedure. In order to resolve your problem as quickly as possible, we are happy to
refer you to the product manufacturer who will deal directly with the return. In these instances, we will
provide you with the contact information for the relevant manufacturer. This does not affect your statutory rights.
(b) You should note that certain Goods have a reduced warranty period. In particular, Goods specified as
‘refurbished’ are only subject to a 3-month warranty from the date of delivery. Your statutory rights are not
affected when you purchase such Goods.
5.8 Provision of Services
(a) If you purchase Services from us, then we shall use our skill and expertise to carry out the Services to a
standard equivalent to that of a competent professional, and shall warrant our work as free from
defects, for a period of 30 days after completion. In particular, we cannot be held responsible for any fault
or damage not caused by our services engineers or their contracted agents. In the event of a claim arising
relating to the level of skill and judgement applied in the course of providing Services, we reserve at our
sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the
execution of the Service(s).
(b) We accept no liability for equipment installed or configured by us when the equipment has subsequently been
altered or configured by persons other than ourselves or our agents. Except as set out here, all other express
or implied terms or warranties relating to the Services are excluded to the fullest extent permitted by law.
6. OUR LIABILITY
6.1 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to our Goods or Services. This does not affect your statutory rights as a consumer, nor does it affect your right to cancel an Order. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms for:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or
anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) any special or indirect losses suffered or incurred by that party arising out of or in connection with the
provisions of any matter under the Terms.
6.2 Nothing in the Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
7. FORCE MAJEURE
7.1 We shall not be liable to you or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of our obligations in respect of the Goods or Services, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: act of God, explosion, flood, tempest, fire or accident; war, threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or of a third party); difficulty in obtaining materials, labour or machinery; and power failure or breakdown in machinery.
7.2 If we are unable to provide you with your Goods or Services within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the Goods or Services or we may decide to terminate the Order.
8. ERRORS & OMISSIONS
8.1 We make every effort to ensure that all prices and descriptions quoted in our catalogue and on our website are correct and accurate. In the case of a manifest error or omission, we will be entitled to rescind the contract, notwithstanding that we may already have accepted your Order and/or received payment from you. Our liability in that event will be limited to the return of any money that you have paid in respect of the Order. In the case of a manifest error in relation to price, you will be entitled to purchase the Goods or Services by paying the difference between the quoted price and the correct price, as confirmed in writing by us after the manifest error has been discovered. A 'manifest error', as the term is used in this paragraph, means, in relation to an incorrect price, a price quoted in error by us which is more than 10% less than the price that would have been quoted had the mistake not been made.
9. GENERAL TERMS OF BUSINESS
9.1 Nothing in these Terms affects your statutory rights as a consumer.
9.2 You must not transfer any contract made with us under these Terms, as it is personal to you, without written authority from us. This authority will not be refused without good reason.
9.3 If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms
9.4 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
9.5 You confirm that, in agreeing to accept the Terms, you have not relied on any representation save insofar as the same has expressly been made a part of these Terms and you agree that you shall have no remedy in respect of any representation. Nothing in these Terms shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a part of the Terms.
9.6 These Terms shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
UNIT 26 FLEET ROAD INDUSTRIAL ESTATE, HOLBEACH, SPALDING, LINCOLNSHIRE PE12 8LY
01406 424504 – 07496 002751