Terms and Conditions for the online store www.homepooltablesdirect.co.uk
These terms and conditions form the basis on which consumers can visit our website and purchase our products. Please read them carefully as they contain important information. Business or Trade customers and their purchases are subject to different terms and conditions.
GENERAL TERMS AND CONDITIONS
www.homepooltablesdirect.co.uk is owned and operated by Rex Pool sales Ltd. is the online eCommerce website for Rex Pool Sales Ltd. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at www.homepooltablesdirect.co.uk.
1 The contract between us
Once payment has been received by us and stock verified 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. Separate notification that payment has been received is not in itself and acceptance of your order. Once your order is ready for dispatch you will receive an invoice for the balance owed by email. You can pay the balance owed by returning to our website and viewing your open orders. Full payment instructions will be included in the email you receive. All goods must be paid for in full prior to delivery. All orders are subject to acceptance and to availability of the goods ordered: Rex Pool sales Ltd is entitled to refuse any order placed by you. You must be over the age of 18 years to place an Order and we reserve the right not to accept an Order where we reasonably believe that you do not meet this requirement. Our acceptance of your order brings into existence a legally binding contract between us.
2 Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Rex Pool Sales Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, noncommercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
3 Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only. We reserve the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer. In placing the order you are confirming that the Goods will fit through doorways and have sufficient room to enable their use on your premises. You acknowledge and accept that we will not be held responsible should this not be the case.
4 Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
All orders are subject to acceptance and availability. If the Goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
The prices payable for goods that you order are as set out in our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
7 Health & Safety
Rex Pool Sales Ltd confirms that the goods it supplies as a distributor do not present a hazard to health and safety when properly used for the purpose for which they are designed; and if the Customer takes reasonable and normal precautions in their use. COSHH and product datasheets are available on request
8.1 Any delivery charges are clearly specified before payment stage.
8.2 All Goods are available for delivery in most places in mainland UK. Special delivery arrangements can be made to the Channel Islands, Northern Ireland, Republic of Ireland Isle of Wight, Isle of Man, Cornwall, and the Scottish Isles or Highlands. If you live in one of these locations please contact us in advance of placing an Order so that we can advise you of availability and any additional charges incurred for delivery. We do not normally deliver on Saturday, Sundays or public holidays.
8.3 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
8.4 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 they will be held at your own risk and we will not be liable for their loss or destruction.
8.5 If you cannot accept delivery, Rex Pool Sales Ltd may choose to:
a) Store and insure the goods at the Customer's expense and risk or
b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or
c) Re-arrange delivery provided that Rex Pool sales Ltd may charge the Customer for the additional delivery costs incurred.
8.6 Upon delivery of the goods, you will be asked to sign a Proof of Delivery to acknowledge safe receipt. You are responsible for ensuring that the number of Items or packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. Rex Pool Sales Ltd shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
8.7 Where Goods are installed on Delivery, you are required to inspect the Goods before signing the delivery note. You must inform us immediately if you discover any surface defects or marks on the Goods.
8.8 Where Goods are packaged, you must report any defects you discover on opening the packaging to us verbally within 24 hours and in writing within 48 hours of Delivery.
8.9 Our products are only available to buyers in the UK. We do not deliver outside of the United Kingdom.
9 Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full.
10 Cancellation rights
10.1 Unless covered by Distance Selling Regulations, customers may not cancel orders or return goods for refund unless authorized in writing to do so by rex pool sales Ltd. Goods authorized for return must be returned unopened and in a re-saleable condition within 2 weeks of authorization. Unless covered by Distance Selling Regulations, any goods returned will be subject to a 30% re-stocking fee, deducted from the credit amount.
10.2 Under the Distance Selling Regulations consumers have the legal right to cancel their order within seven days of receipt of your goods (with the exception of any made to order items). You do not need to give us any reason for canceling your contract nor will you have to pay any penalty. However, you will need to notify us if you wish to cancel your contract.
10.4 If you have received the goods before you cancel your contract then you must send the goods back to our contact address 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.
10.5 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us 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 will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
10.6 You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.
11 Cancellation by us
11.1 We reserve the right to cancel the contract between us if:
11.1.1 We have insufficient stock to deliver the goods you have ordered;
11.1.2 We do not deliver to your area; or
11.1.3 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 suppliers.
11.2 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 as soon as possible but in any event within 30 days of your order.
12.1 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable).
If you notify a problem to us under this condition, our only obligation will be, at your option:
12.1.1 To make good any shortage or non-delivery;
12.1.2 To replace or repair any goods that are damaged or defective; or
12.1.3 To refund to you the amount paid by you for the goods in question in whatever way we choose.
12.2 Rex pool Sales Ltd shall under no circumstances be liable for any consequential or indirect damage or loss, however caused. Liability shall be limited to the invoiced amount of the relevant order.
12.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
12.4 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 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 sent to our contact address at Clyde House 105 Bothwell Road Hamilton ML3 0DW and all notices from us to you will be displayed on our website from time to time.
14 Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
15 Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Scotland England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
18 Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party