1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Our Control: is defined in clause 11.2;
Order: your order for the Products;
Products: the products that we are selling to you as set out in the Order;
Terms: the terms and conditions set out in this document; and
we/our/us: Award Leisure whose registered office is at, Spa House, Watling Street, Dordon, Warwickshire, CV9 2PZ. The registration number being 06693808
Award Leisure: Lincoln Hot tubs, London Hot tubs, Award Leisure,
1.2 When we use the words -writing- or 'written- in these Terms, this will include e- mail unless we say otherwise without notice.
2 Our contract with you
2.1 These are the terms and conditions on which we supply Products to you.
2.2 Please ensure that you read these Terms carefully, and check that the details of the Order and in these Terms are complete and accurate, before you submit Order. If you think that there is a mistake or require any changes, please contact us to discuss.
2.2.1 By placing your order with Award Leisure (Award Leisure and or any other business associated with) you agree to be bound by these terms.
2.3 When you submit the Order to us, this does not mean we have accepted your order for Products. Our acceptance of the Order will take place as described in clause 2.4. If we are unable to supply you with the Products, we will inform you. of this and we will not process the Order.
2.4 Award Leisure Ltd shall sell and the Buyer shall purchase the products in accordance with any written, electronic or verbal order of the buyer which is accepted by Award Leisure Ltd, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
2.5 If any of these Terms conflict with any term of the Order, these Terms will take priority. These Terms may only be varied in writing by one of our directors
2.6 If you are not a consumer, you confirm that you have authority to bind any the business on whose behalf you purchase Products.
3 Changes to Order or Terms
3.1 We may revise these Terms from time to time in the following circumstances: into force. 3.1.1 changes in how we accept payment from you; 3.1.2 changes in relevant laws and regulatory requirements.
3.2 You may make a change to the Order for Products within two calendar days of placing that Order by contacting us provided that we have not yet begun making the Products. Where this means a change in the total price of the Products, we will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 12.1 in these circumstances.
4.1 The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our Products are a mixture of hand and machine made all dimensions and measurements indicated on our website have a 10mm tolerance.
4.2 We cannot accept made to order products back. These have been specially ordered to your requirements and are bespoke to you.
4.3 Sometimes our product specifications may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price
4.4 All goods are offered subject to availability. Where goods are found to be unavailable or discontinued, Award Leisure Ltd will offer a similar substitute if available, subject to your agreement.
4.4.1 Award Leisure Ltd may make any changes in the specification of the products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to Award Leisure Ltd specification.
5 Delivery of goods
5.1 Please note that timescales for delivery and delivery charges will vary depending on the location of the delivery address. Please allow for extra time for deliveries to Devon and Cornwall, the Scottish Highlands and Islands, or to addresses outside the UK. Our delivery charges can be found on our website. Delivery charges are indicated on the site where available.
5.2 We will contact you to give an approximate ETA for arrival and possible install date. We will do this once we have a confirmed manufacture completion date and shipping ETA. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 11 for our responsibilities when this happens.
5.3 If you have asked to collect the Products from our premises, you can collect the Products from us at any time during our working hours of 9:00 am - 4:00 pm on weekdays only.
5.4 Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you collect them from us.
5.4.1 In the requirement of lifting equipment such as a crane or Hi-Ab, this cost is NOT included in any advertised price. This is regardless of Buyer perception, Image/Product description or Award Leisure Ltd representative allegation. If the Buyer is confident that the price of the Product includes the requirement of lifting equipment, the Buyer must have this in writing from Award Leisure Ltd before the Product is delivered.
5.5 If no one is available at your address to take delivery of the Products on the delivery date, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. We are entitled to charge you for re-delivery when we cannot deliver.
5.6 If you amend your agreed delivery date within 7 days of the agreed delivery date, we are entitled to charge you a fee for storage of the goods. This is normally £100 per week, but may vary depending on the size of the Product. We will inform you of and variations to the storage charge in writing by email or post or telephone.
5.7 If you cancel an installation within 5 working days of the agreed installation. You will be charged for the original build and delivery costs. You will then need to arrange and be charged for a new build and delivery costs.
5.8 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
5.9 The Products will be your responsibility from the completion of delivery.
5.10 You own the Products on the later of the date we receive payment in full, or the date of delivery of the Products.
5.11 If for any reason due to your mistake or non-communication, the product does not have sufficient access, supplies in place to get the product working or sufficient ground works to sit the product on. You can be charged for the delivery, installation and storage cost. You will then need to arrange with the office a new date when this has been completed.
5.12 The customer shall inspect the goods immediately on delivery and shall notify the Company within 3 days (not working days) of any damage, defect, shortage or discrepancy between the goods ordered and the goods delivered. If you notify us outside of this time frame then there will be
5.13 The seller shall use all reasonable endeavours to ensure the goods are available for delivery to the buyer for the estimated delivery date but see also Section 11.
5.14 We cannot guarantee to replace or repair items which have been signed for in good condition or ‘unchecked’ and are later found to be damaged. This does not affect your statutory rights.
5.15 Should the buyer authorise access through any adjacent properties not belonging to the buyer during delivery then, the buyer must provide written authorisation to the seller from the property owner. The seller shall be under no liability to any third party and the buyer accepts full liablility towards any other property owner.
6 If the Products are faulty
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights
6.1 You will have our full and undivided attention to the matter that arises, and in return you will:
6.1.1 Allow us the opportunity to come and diagnose what the fault may be,
6.1.2 Allow us to fix the problem and put right anything else that could be found.
6.1.3 Be mindful that not all faults are fixed first tie and there may need to be further diagnosis and repair work carried out.
7 Our guarantee of Products
7.1 We guarantee that on delivery and for a specified period after delivery, the Products shall be free from material defects. The guarantee period depends on the Products concerned; please see our guarantee information on our website at https://awardleisure.com/ for full details. This guarantee does not apply in the circumstances described in clause 7.2.
7.2 This guarantee does not apply to any defect in the Products arising from:
7.2.1 Fair wear and tear,
7.2.2 Faulty installation of the Products by you or a third party,
7.2.3 Wilful damage, abnormal storage or working conditions, accident, or negligence by you or by a third party;
7.2.4 If you fail to use the Products in accordance with the user instructions; and
7.2.5 Any alteration or repair by you or by a third party.
7.3 If You make a claim under this guarantee. You may need to Purchase a replacement Product while the Product in question is returned to us for the examination. If it is found that the returned Product is faulty, you will be refunded the cost of the replacement Product.
7.4 This guarantee is in addition to your legal rights in relation to the Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office
7.5 Any alteration or modification to our product, will void any warranty on the product
7.6 We will repair or replace faulty Products (to the value no greater than the original cost.
7.7 Our Warranty is held by the original purchaser and is not transferable, if property is to change hands.
8 Price and payment
8.1 The price of the Products will be set out in our price list in force at the time contract between us comes into force under clause 2.4. Our prices may change at any time, but price changes will not affect a contract that has already come into force.
8.2 The prices for the Products include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, we will of adjust the rate of VAT that you pay, unless you have already paid for Products in full before the change in the rate of VAT takes effect.
8.3 The prices for the Products exclude delivery costs, which will be added to the total amount due.
8.4 You must make payment for Products in Advance. A Schedule of payments can be obtained at the time of enquiry, please ask a member of staff for these if you wish. We accept payments with all major credit and debit cards, including Visa, MasterCard, Delta, Maestro, Barclays Finance, Close Brothers Finance, Bank Transfer and Pay Pal.
8.5 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of National Westminster Bank plc 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.
8.6 However, if you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, clause 8.5 will not apply for the period of the dispute.
8.7 Specific Exclusions:
8.7.1 Hot Tubs – the advertised price of the hot tub does not include the required base works, the electrical supply or cable, any necessary lifting equipment. It is the Buyer’s responsibility in advance of delivery to identify which type of base, the necessary electrical supply needed and the specific access requirements. Our Technical Team can quote for and arrange/organise any additional works/services. Our Customer Service Team is on hand 24 hours a day to advise and assist with any questions or concerns – Please Call Free on 0808 1696555
8.7.2 Cabins and Gazebos - the advertised price of the Cabin or Gazebo does not include the unpack aging, disposal of packaging, required base works, installation or erection of the cabin. It is the Buyer‘s responsibility to identify in advance of delivery the base, Cabin/Gazebo location and the access requirements. However, our Technical Team can quote for and arrange/organise any additional works/services. Our Customer Service Team is on hand 24 hours a day to advise and assist with any questions or concerns – Please Call Free on 0808 1696555
8.7.3 Pizza Ovens - the advertised price of the Pizza Oven does not include the removal/disposal of any packaging, wood/gas supply or any necessary lifting equipment. It is the Buyer’s responsibility in advance of delivery to identify which type of base is needed and the specific access requirements in advance of delivery. Our Technical Team can quote for and arrange/organise any additional works/services. Our Customer Service Team is on hand 24 hours a day to advise and assist with any questions or concerns – Please Call Free on 0808 1696555
8.7.4 Saunas - the advertised price of the Sauna does not include the unpackaging, disposal of packaging, required base works, wood/electrical supply, installation or erection of the Sauna. It is the Buyer‘s responsibility to identify in advance of delivery the base, sauna location and the access requirements. However, our Technical Team can quote for and arrange/organise any additional works/services. Our Customer Service Team is on hand 24 hours a day to advise and assist with any questions or concerns – Please Call Free on 0808 1696555
8.7.5 All offers are not in conjunction with any other offer and are a time limited offer that will be specified on either the website and/or the promotional material(e.g: mailers, website,flyers,banners)
9 Our Liability to you if you are a Consumer
9.1 This clause g only applies if You are a consumer.
9.2 If we are installing the Products in your property, we will make good any damage to your property caused by us in the course of installation or performance. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of. installation and/or performance by us.
9.3 We only supply the Products for domestic and Private use. You agree not to use the Products for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.5 We do not exclude or limit in any way our liability for:
9.5.1 Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
9.5.2 Fraud or fraudulent misrepresentation;
9.5.3 Breach of the terms implied by section 12 of the Sale of Goods Act 1979 agreed (title and quiet possession);
9.5.4 Breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (sale by description, satisfactory quality, fitness for on the agreed delivery date. purpose and samples); and
9.5.5 defective products under the Consumer Protection Act 1987.
9.5.6 We shall not be held responsible or liable for any costs incurred for replacing any products, we have supplied. This includes any equipment needed in the process to replace the product.
10 Our liability If you are a business
10.1 This clause 10 only applies if you are a business.
10.2 Nothing in these Terms limits or excludes our liability for.
10.2.1 Death or personal injury caused by our negligence;
10.2.2 Fraud or fraudulent misrepresentation;
10.2.3 Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
10.2.4 Defective products under the Consumer Protection Act 1987.
10.3 Subject to clause 10.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or between us for. otherwise, arising under or in connection with the contract between us for:
10.3.1 Any loss of profits, sales, business, or revenue; 13
10.3.2 Loss or corruption of data, information or software;
10.3.3 Loss of business opportunity;
10.3.4 Loss of anticipated savings;
10.3.5 Loss of goodwill; or
10.3.6 Any indirect or consequential loss.
10.4 Subject to clause 10.2 and clause 10.3, our total liability to you in respect of all other losses arising under or in connection with the contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
10.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
10.5 We shall not be held responsible or liable for any costs incurred for replacing products we have supplied. This includes any equipment needed in the process to replace the product.
11 Events Outside Our Control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of the manufacturer to deliver the goods, government control, accident, shortage of materials or failure of public or private telecommunications networks.
11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms: 11.3.1 we will contact you as soon as reasonably possible to notify you; and 11.3.2 our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11.4 If such circumstances continue for 6 months beyond the estimated delvery date then either party may terminate the contract by written notice to the other party and in the event that the contract or part of it, is terminated then the seller will repay any monies received in respect of that part or the entire amount of the contract to the buyer.
12 Your rights to cancel and applicable refund
12.1 You have the following rights to cancel an Order for Products, including where you choose to cancel because we are affected by an Event Outside Our Control:
12.1.1 You may cancel any Order for Products within two working days of placing an Order by contacting us. We will confirm your cancellation in writing to you. For the purposes of this clause, a working day is a weekday which is not a public holiday in England.
12.1.2 If you cancel an Order under clause 12.1.1 and you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you, less a 15% admin charge.
12.2 Unfortunately, as the Products are made to your requirements, you will not be able to cancel your Order after the period set out in clause 12.1.1 (as we will have begun manufacture of the Products) but this will not affect your legal rights as a consumer in relation to made-to-measure Products that are faulty or not as described.
12.2.3 If you have purchased an ex-demonstration model or Floor stock model, if you wish to cancel you must get written permission from a director of the business. By cancelling your order, you will be charged an admin fee of 25% of the monies paid for that item, or the cost of the replacement spas. Whichever amount is greater is what will be owed.
12.3 In this instance, if the products are part ready we may charge you a cancellation fee dependant on the stage of your order. This is at the discretion of the management.
12.4 Under the Distance Selling Regulations you have a right to cancel your order for any item purchased on this website at any time before the goods are dispatched, or within 7 days of receiving your goods and for a full refund excluding cost of return postage providing you take reasonable care of the goods whilst they are in your possession. This condition applies to ALL Products available to buy within the web site. A full refund, excluding return delivery costs, will be authorised upon inspection of the product in question. This does not affect your statutory rights as a consumer.
12.5 If a refund is approved, we will refund your payment within 14 days of the goods being returned.
13 Our rights to cancel and applicable refund
13.1 We may have to cancel an Order before the Products are delivered, due to an Event Outside Our Control or the unavailability of materials. We will contact you promptly if this happens.
13.2 If we have to cancel an Order under clause 13.1 and you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you.
14 Information about us and how to contact us
14.1 We are a company registered in England and Wales. Our company registration number is 06693808 and our registered office is at Spa House, Watling Street, Dordon, Warwickshire, CV9 2PZ. Our registered VAT number is 943 4155 27.
14.2 If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our customer service team at 0808 169 6555 or by e-mailing us at [firstname.lastname@example.org].
14.3 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail, by hand, or by pre-paid post to Award Leisure at [Spa House, Watling Street, Dordon, Warwickshire, CV9 2PZ]. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the Order.
14.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was property addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15 How we may use your personal information
15.1 We will use the personal information you provide to us to:
15.1.1 Provide the Products;
15.12 Process your payment for such Products; and
15.1.3 Inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
15.2 If you are a business, you agree that we may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
15.3 Subject to clause 15.2, we will not give your personal data to any third party.
16 Other important terms
16.1 We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
16.2 You may only transfer your other rights or your obligations under these Terms to another person if we agree in writing.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. te.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. we If you are a consumer, these Terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
16.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We and you both agree to the exclusive jurisdiction of the courts of England and Wales.
16.8 We will not file a copy of the contract between us.