Terms & Conditions
Allpools and Spas Ltd – Terms & Conditions
Terms and Conditions of Supply and Web Site Usage
In these terms and conditions;
(Registered Office Address )
Allpools and Spas Ltd.
Dobbies Garden Centre
Somerset BA4 4PE
These terms and conditions may be altered from time to time as we deem necessary.
“You” means the person or persons so named on the order form provided on our website, on our Invoice or by verbal or other form of information transference.
Your order whether placed directly on-line, by telephone or by any other means of communication is accepted subject to the following terms and conditions:
- The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted or by arrangement as detailed on invoice. Once full payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form or by other forms of communication. This document is called an Order Confirmation and is headed as such.
Our acceptance of your order brings into existence a legally binding contract between us. In all events we retain title in the products and, at our discretion, absolute right to recover the building and recover any costs from you, including right of access for said recovery at any time entirely at our discretion until full payment is received.
2.1 The price & payment terms payable for goods that you order are as set out in our website or by separate arrangement and detailed on invoice.
2.2 You will be required to pay for delivery unless by prior arrangement and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website or by separate quotation.
2.3 Payments by following methods are subject to following Maximum Limits: PayPal Payments, Credit and Debit Card Payments to Maximum Value of £8000.00. Bank Transfer Payments are accepted without maximum Limit. We may at our discretion require payments for bespoke or special orders to be made by bank transfer. Credit Purchases are offered and governed by the lender.
2.4 Displayed Prices are subject to alteration without notice.
2.5 By making a deposit payment you automatically confer on us the right to take balance payments from the same card details that were used to pay the deposit. We will only use this method if we have exhausted usual methods to communicate with you to give you the opportunity to choose another payment method. We may use this method at anytime to recover an outstanding debt.
- Rights for you to cancel your contract
3.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
*In the event that the goods ordered are manufactured against your order or are bespoke in any way and you cancel the contract:
In Accordance with the Distance Selling Regulations – “Bespoke or Special Order” products cannot be cancelled and will not receive a refund. We offer the following Exceptions:
Cancellation within 7 days of the order being placed will incur no cost (provided the goods have not been delivered).
Cancellation after 7 days and up-to 14 days will incur any costs placed on us by the manufacturer with the balance of any payment being refunded to you or owed by you within 30 days. Cancellation from 15 days after date of order is not possible and goods must be paid for in full.
Except as above: Unless agreed in advance deposit payments are non-refundable
3.2 Except as for Bespoke products, to cancel your contract you must notify us in writing quoting your order reference number.
3.3 Except as for Bespoke products, if you have received the goods before you cancel then you must send the goods back to our contact address or an address of our choosing, at our discretion, at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible. You may by notice ask us to collect the goods from you at your cost at the price to be determined by us. When we or our suppliers have dispatched the goods, the goods are deemed to have been delivered.
3.4 Except as for Bespoke products, once you have notified us that you are cancelling your contract any sum debited to us from your credit / debit card will be re-credited to your account as soon as possible and in any event within 30 days of your cancellation. If you did not pay by credit / debit card you will be refunded by cheque as soon as possible and in any event within 30 days of your cancellation PROVIDED THAT the goods in question are returned by you and received by us or our supplier, entirely at our discretion, in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
3.5 It should be noted that we always comply with the Distance Selling Regulations. It should also be noted that any goods that are manufactured against your order or are bespoke in anyway – including colour fall outside the remit of the Distance Selling Regulations. Any product that is in anyway bespoke or made against your order is not returnable.
Distance Selling Regulations are not applicable to business customers
- Cancellation by us
4.1 We reserve the right to cancel the contract between us if:
4.1.3 we have insufficient stock to deliver the goods you have ordered, if for any reason we are unable to manufacture or deliver the ordered item.
4.1.2 we do not deliver to your area; or
4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our supplier; or
4.1.4 Unexpected or Excessive Currency Exchange Fluctuations; or
4.1.5 Supplier being unable or unwilling to supply the goods owing to political, military or any other reasons; or
4.1.6 Web Site or Other Technical fault results in Displayed Pricing being in-correct.
4.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card or any other form of payment as soon as possible but in any event within 30 days of your order.
We will not be obliged to offer any additional compensation for disappointment or any consequential loss suffered.
- Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. Delivery of all Garden Buildings and other large items will be Nearest Accessible Point at Kerb Side. Drivers will be helpful and try to comply with reasonable delivery requirements but it should be assumed that delivery is Kerb Side. Moving goods from Kerb Side is at your risk and responsibility. Where our driver is requested to or there is an implication that delivery should be made onto your property or any private property this may be done at the drivers discretion but is entirely at your risk and responsibility. Any damage incurred owing to weight of delivery vehicle / driver negligence or any other damage is entirely at your risk and you agree to be responsible for any costs in making good.
5.2 Delivery will be made as soon as possible after your order is accepted unless subject to other arrangement.
5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you (kerb side) they will be held at your own risk and we will not be liable for their loss or destruction.
5.4 If for any reason delivery cannot be made to the ordering address it is your responsibility to provide an alternative address to where delivery can be made. We may charge for this. The charge shall not exceed any cost imposed on us by the carrier.
5.5 Delivery is Not Of the Essence. Delivery Schedules are not guaranteed and are offered as a guideline to likely potential schedules.
5.6 You are strongly advised not to book any contract assembly or any other work for your delivery until it the consignment has been delivered and checked against the parts list. We shall have no liability for any third party costs. We acknowledge that it is not possible to check all components on day of delivery therefore any and all missing or damaged parts must be reported within 14 days of delivery.
5.7 In the highly unlikely event that parts are found to be missing or damaged on delivery of your consignment then all missing or damaged parts must be reported within 14 days by e-mail to: email@example.com We will always require photographic evidence for any claim of damaged parts. We will then make ONE delivery of missing or damaged parts.
6.1.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity we shall have no liability to you unless you notify us in writing at our contact address of the problem within 7 working days of the delivery of the goods in question
6.1.2 We shall have no liability to you in the event that the goods are damaged following delivery
6.2 All delivery periods stated are “advisory” and estimated. We shall have no liability whatever for delayed delivery.
If you notify us of any defect or shortage on delivery our only obligation will be, at our option:
6.2.1 to make good any shortage or non-delivery;
6.2.2 to replace or repair any goods that are damaged or defective; or
6.2.3 At our discretion to collect any goods and / or to refund to you the amount paid by you for the goods in question in whatever way we choose
6.2.5 In the event of any claim being made under the guarantee or owing to damage in transit (except as per 6.2.6 below) or for any other reason: We reserve the right to request photographic evidence to support any claim. We reserve the right not to fulfil any claim until such satisfactory evidence is received. Such evidence as shall be sent will not be considered conclusive or final. As per Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2016 – any and all damaged goods must be reported within 14 days of delivery.
6.2.6 In the very unlikely event of damage to wood or glass being found on opening the package any claim must always be supported by photographs of the damaged parts in situ within the package. Claims for damage cannot be supported without such evidence.
6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2.3 above.
6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that you may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions all notices from you to us must be in writing and send to:
Allpools and Spas Ltd.
Dobbies Garden Centre
Somerset BA4 4PE
or email to the following address: firstname.lastname@example.org and all notices from us to you will be displayed on our website from time to time
- Events beyond our control
We shall have no liability to you for any failure to deliver goods you have
ordered or any delay in doing so or for any damage or defect to goods delivered
that is caused by any event or circumstance beyond our reasonable control including,
without limitation, strikes, lock-outs and other industrial disputes, breakdown
of systems or network access, flood, fire, explosion or accident. Further we shall have no liability for any consequential loss that you may suffer as a result of the terms within this clause or any feature within clause 4.
8.2 Warranty: You agree that we do not offer or imply any warranty on any product unless specifically stated in the product text as shown on this web site. Any warranty such as may exist is a manufacturers limited warranty and all warranty issues shall be deemed and governed by the Manufacturer. Warranty is always based on full compliance with manufacturers recommendations for assembly, treatment, maintenance, use and is always limited to the original purchaser for UK domestic use only.
8.3 In the Event of any part being replaced under a warranty it is your responsibility to fit that part.
8.4 We accept no responsibility whatsoever for the content of any web sites other than web sites owned by Allpools and Spas Ltd. We do not warrant the accuracy or provide information to any web sites that purport to offer information regarding us or our products whether said web sites are linked to our web sites or not. We explicitly do not warrant the accuracy or in any way support any information displayed on web sites other than our own sites as listed on www.allpoolsandspas.co.uk
If any part of these terms and conditions is enforceable (including any provisions in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
- Third party rights
Except for our affiliates, directors, employees or representatives, a person
who is not a party to this agreement has no right under the UK Contracts (rights
of Third Parties) Act 1999 to enforce any term of this agreement but this does
not affect any right or remedy of a third party that exists or is available
apart from that Act.
- Governing law
The contract between us shall be governed by and interpreted in accordance
with English law and the English courts shall have jurisdiction to resolve any
disputes between us regardless of where the product is delivered to.
13 Use of Customer Information
13.2 We will use Your Information in the following ways:
a) to set up and maintain Your Account and all records relating to it;
b) for the administration of Your Account and to process and communicate with You about transactions on Your Account;
c) to enable us and third parties to carry out technical, logistical or other functions for the purposes of managing Your Account and the technical and management systems upon which it relies on Our behalf;
d) to carry out fraud prevention in accordance with 13.3 below;
e) to carry out credit checking in accordance with 13.4 below;
f) to enable us and third parties to carry out data analysis with regard to Your Account for the Company’s internal business purposes; and
g) to conduct marketing activities described in and subject to 13.5 below.
13.4 We may use Your Information for credit checking in order to mitigate exposure to bad debts. By entering into this Agreement You confirm Your agreement to Us or a third party nominated by Us undertaking such credit reference agency searches from time to time and You agree that records of the searches may be seen by other organisations in relation to any application for credit in the future.
13.5 Your Information including Your contact details may be used for marketing purposes as agreed by You when you register and activate your Account on the MMA.
- Entire agreement
It should be noted: We do not “Recommend the Services of any Assembling or Installation Company or Individual” You are responsible for validating the Insurances, Qualifications and any work carried out by anyone except and unless provided directly by us and invoiced by us. All third party work, unless invoiced by us, including assembly or any modifications are not part of this contract but shall form a separate contract between you and the service providing company. Allpools and Spas Ltd shall not be responsible for any unauthorized modifications to any equipment or any occurrence relating to the effect of any modifications whatsoever.
Errors and Omissions are excepted.
Terms and conditions of website usage
The term Allpools and Spas Ltd or ‘us’ or ‘we’ refers to the owner of the website whose Office is:
Allpools and Spas Ltd.
Dobbies Garden Centre
Somerset BA4 4PE
The term ‘you’ refers to the user or viewer of our website.
• The content of the pages of this website is for your general information and use only. It is subject to change without notice. Products are subject to removal and / or image or description change without notice
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website or document without Allpools and Spas Ltd prior written consent.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and under jurisdiction of English Courts.
The information contained in this website is for general information purposes only. The information is provided by Allpools and Spas Ltd and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Allpools and Spas Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However Allpools and Spas Ltd takes no responsibility for, and will not be liable for, the website being temporarily or permanently unavailable due to technical issues or for any other reason both within and beyond our control.
Errors and Omissions are excepted.
As with all content of all websites belonging to Allpools and Spas Ltd: These Terms and Conditions are Assigned Copyright 2018. Copying or reproduction of these terms is expressly prohibited.