Terms of service
1. These terms
What do these terms cover?
These are the terms and conditions under which we supply products to you. When we refer to products in these terms, we mean both goods and services (including subscriptions for them).
Why you should read them.
Please read these terms carefully before you submit your order to us. 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. Please contact us to discuss if you think there is a mistake in these terms or if any changes are required.
2. Information about us and how to contact us
Who we are:
Hydropool UK is operated by Jacuzzi Group UK. Hydropool UK Limited is a company registered in England and Wales. Our company registration number is 7750046, and our registered office is at Hydropool UK Limited, Jacuzzi Group Head Office, 8 Turnberry Park Road, Gildersome, Morley, Leeds, LS27 7LE. Our registered VAT number is GB122654435. Further information about us and our products can be found at https://hydropoolstore.co.uk/.
How to contact us:
You can contact us here or by writing to us at: Customer Care, Hydropool UK Limited, 8 Turnberry Park Road, Gildersome, Morley, Leeds, LS27 7LE.
How we may we contact you:
If necessary, we will do so by telephone or by writing to you at the email or postal address you provided to us in your order or in some other way related to it.
"Writing" includes emails:
When we use the words "writing" or "written" in these terms, this includes emails.
“Policies” are those at the time of your order:
Where we refer in these terms to one of our policies, this means the current policy at the time of your order, as found on our website or otherwise provided to you.
3. Our contract with you
How we will accept your order:
We will email you to accept your order, at which point a contract will come into existence between you and us.
If we cannot accept your order:
If we are unable to accept your order, we will inform you of this in writing 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 date or deadline you have specified.
Your order number:
We will assign an order number to your order and tell you what it is when we accept it. It would help us if you could tell us the order number whenever you contact us about your order.
We only sell to Great Britain:
Our website is solely for promoting our products in England, Wales, and Scotland. Unfortunately, we do not deliver to or provide services at addresses outside these territories.
4. Our products
Products may vary slightly from their pictures:
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 a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Product packaging:
Product packaging may vary from that shown in images on our website.
Making sure your measurements and other information are accurate:
You are responsible for ensuring that any measurements and other information you have provided (such as identifying the type or details of items with which our products will be used, or which will be the subject of our services or the amount of available space for the provision of services) are accurate. If you have any doubts about how to take measurements or the information you are providing, you can contact our customer service team for clarification using the details in clause 2.
Providing services:
Where your order includes our provision of services (such as repair, maintenance and moving of hot tubs):
• we will have no liability for any loss of use of any items during any period in which they cannot be used whilst awaiting or undergoing our services;
• you acknowledge that services may need to be provided in instalments, whether as planned or because when we commence providing them, it becomes clear that we will need to do so (for example, because we encounter unexpected circumstances or difficulties meaning we need to return at a later date to complete them);
• if the services cannot be provided (such as if the relevant items or the relevant part of an item cannot reasonably be repaired, or accessed or removed for repair) without causing damage to surrounding areas (including any decking, tiles or patio area, whether built to fit around the item or otherwise), we will have no liability in respect of any such damage or making good any such area, but we will use reasonable endeavours to minimise any such damage; and
• if, in our reasonable opinion, the items or the relevant part of the items cannot be accessed as reasonably required to carry out the services. You have not complied with clause 7.3 to ensure access, then we will have no liability for any failure to provide the services and may end the contract (see clause 10.1).
5. Your right to make changes
If you wish to change the product you ordered, please contact us. We will let you know if the change is possible. If it 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 are unable to make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8).
6. Our rights to make changes
Minor changes to the products:
We may change the products:
• to reflect changes in relevant laws and regulatory requirements and
• to implement minor technical adjustments and improvements.
These changes will not affect your use of the product.
Changes to subscriptions:
7. Where your order is for a subscription, we may make the following changes:
• Subscription prices: We may increase the recurring cost of our subscription products from time to time, provided we give you at least one month’s notice of the proposed increase via email to the address you provided. You may cancel your subscription before the increase takes effect in accordance with clause 3. Otherwise, the increased price will apply from the date stated in the notice (you can still cancel your subscription at any time after the increase – see clause 8.2). You will also receive an email notification 3 days before your recurring subscription payment is due. Any changes to delivery charges will be clearly stated in this notification email, and you will have the option to cancel your subscription at that point before the payment is taken.
• Product range: We may occasionally add new products to our range or permanently cease supplying existing products. If you have a subscription for products that we will no longer supply, we will give you no less than 3 months’ notice of the cessation by email to the email address you provided to us. You may cancel your subscription before the cessation takes effect in accordance with clause 3, or otherwise, we will substitute a product which, in our reasonable opinion, is the most suitable alternative.
8. Providing the products
Delivery:
Delivery will be in accordance with our shipping policy in addition to these terms. These terms will overrule the provisions of our shipping policy if and to the extent that there is a conflict between the two documents. The delivery costs will be as set out in our shipping policy or otherwise displayed on our website or explained to you when you place your order.
When we provide the products:
• If the products are one-off goods, we will deliver them to you on or around the date set out in the order, or if there is no such date, in accordance with the delivery information in our shipping policy or otherwise displayed to you on our website, or otherwise as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
• If the products are one-off services. We will provide the services on the date(s) set out in the order or as otherwise agreed with you during the order process, or if there is no such date(s) we will contact you following acceptance of your order to propose a date(s) and you. We shall both act reasonably to arrange a mutually convenient date(s).
• If the products are ongoing services or a subscription to receive goods. We will supply the services or goods to you until either the services are completed, or the subscription expires (if applicable), or you end the contract as described in clause 8, or we end the contract by written notice to you as described in clause 10, except for any period in which your subscription is suspended as described in clauses 15 to 7.17.
9. Your requirements relating to the provision of services.
Where your order includes the provision of services, you must provide us with access and take steps reasonably required to enable us to provide those services. These include, where applicable:
• where we provide you as part of the order process with requirements relating to the location where services are to be performed, you are responsible for ensuring that the location meets them and for meeting any related requirements (including organising the hiring of any crane or other lifting equipment as necessary where the services involve moving a hot tub);
• where the services necessitate a site survey (for example, where they involve moving a hot tub), you and we will liaise, acting reasonably and in good faith, to seek to agree a mutually convenient time for us to attend the relevant location and conduct a site survey to check conditions, access and that other requirements relating to the location are being met. Following this survey, we may stipulate reasonable requirements necessary for providing the services (including moving fixed and non-fixed objects to allow access and any need for a crane or other lifting equipment to move a hot tub into place), and you are responsible for meeting these requirements. If you are unable to meet these requirements, or the cost of doing so is disproportionate, then we and you must act reasonably in seeking to agree on how to resolve any difficulties (including the possibility of you cancelling your order);
• where we require access to items or the relevant part of an item to provide services, you must ensure that we have this access. Where we inform you of reasonable requirements regarding our provision of services; for example, to ensure that they are carried out safely and effectively, you must follow those requirements.
If you are not home when the products are delivered:
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you how to rearrange delivery or collect the products from a local depot.
If you do not re-arrange delivery: If you do not re-arrange a delivery or collect them from a delivery depot after a failed delivery, we will contact you for further instructions. We may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract, and clause 1 will apply.
If you postpone an appointment for services:
If the time for us to provide services has been arranged (see clause 2) and you inform us on short notice that you will no longer be able to receive the services or meet your requirements under clause 7.3 if we were to provide them at that time, then we will have incurred costs to arrange and prepare for your appointment. Therefore, you may postpone your appointment for services by contacting our customer service team using the details in clause 2. Still, if you do so less than 24 hours before the time we were due to provide the services (or the earliest time in any window during which we were to provide them), we may make an additional charge of £50 to compensate us for having incurred costs.
If you do not allow us to provide services:
If you do not allow us access to your property or other relevant locations to perform the services as arranged, or do not meet any other requirements necessary for us to provide the 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. These costs may include an additional charge of £50, which we may make with respect to each visit to the relevant location to provide services on which we cannot provide the services for one of these reasons. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property, we may end the contract and clauses 1 and 10.2 will apply.
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 (see clause 3).
Your legal rights if we deliver goods late.
You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods, then you may treat the contract as at an end straight away if any of the following apply:
• we have refused to deliver the goods; or
• we have expressly agreed in writing that delivery within the delivery deadline was essential.
If neither of these requirements applies or you do not wish to treat the contract as at an end straight away, you can give us a new reasonable delivery deadline, and you can treat the contract as at an end if we do not meet the new deadline.
Ending the contract for late delivery:
If you do choose to treat the contract as at an end for late delivery under clause 9, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them) unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either 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 contact our customer service team using the details in clause 2.2 for a return label to arrange collection or to follow instructions for return included with your product.
When you become responsible for the goods:
A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
When you own goods:
You own a product, which is goods, once we receive full payment.
If you do not provide the required information:
We may need certain information from you to supply the products to you. If so, we will contact you to ask for this information. If you do not give us this information within a reasonable time of our asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clauses 1 and 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.
Updating your delivery address:
If your address for delivery of a subscription product changes, you must notify us of the new delivery address at least 14 days before the next scheduled payment is due to be made; otherwise, we will not be responsible for any consequences of delivering the products to the previous address.
Reasons we may suspend the supply of products to you:
We may have to suspend the supply of a product to:
• deal with technical problems or make minor technical changes;
• update the product to reflect changes in relevant laws and regulatory requirements;
• make changes to the product as you requested or notify us of you (see clauses 5 and 6).
Your rights if we suspend the supply of products:
We will contact you in advance to tell you we will be suspending the supply of the products unless the problem is urgent or an emergency. If we must suspend the supply, we will adjust the price so that you do not have to pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it or tell you we are going to suspend it, in each case, for a period of more than 30 days (see clause 3). We will refund any sums you have paid in advance for the products for the period after you end the contract.
We may also suspend the 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 4) and you still do not make payment within 14 days of us reminding you that payment is due or in any event, we have not received payment in cleared funds by the day 3 days before delivery is scheduled to take place (unless we have agreed that payment is due after the supply of the products), we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. In addition to suspending the products, we can charge you interest on your overdue payments (see clause 12.5).
10. Your rights to end the contract
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:
• 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;
• if you want to end the contract because of something we have done or have told you we are going to do, see clause 3;
• if you have just changed your mind about the product, see clause 4. 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 goods;
• if you wish to end a subscription, see clause 8.2; and
• in all other cases (if we are not at fault and there is no right to change your mind), see clause 7.
If you wish to end a subscription:
You may end an ongoing subscription at any time via the relevant area of our website or alternatively by contacting our customer service team using the details in clause 2. If your next delivery has already been processed by us, then your subscription will end following that delivery, or otherwise, it will end with immediate effect.
Ending the contract because of something we have done or will do:
If you are ending a contract for a reason set out at (a) to (e) 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:
• your order is for a subscription, and we have changed the subscription price or product range (see clause 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;
• there is a risk that the supply of the products may be significantly delayed because of events outside our control;
• 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 30 days; or
• you have a legal right to end the contract because of something we have done wrong (including because we have delivered late and the relevant circumstances in clause 8 apply).
Your right to change your mind:
For most products bought over the telephone or online, you have a legal right to change your mind within 14 days and receive a refund. These rights are explained in more detail in these terms.
When you do not have the right to change your mind:
You do not have a right to change your mind in respect of:
• services, once these have been completed, even if the cancellation period is still running;
• products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
• sealed audio or sealed video recordings or sealed computer software once these products are unsealed after you receive them;
• goods that are made to your specifications or are clearly personalised;
• goods which become mixed inseparably with other items after their delivery; or
• products where you have negotiated the terms of your purchase at our premises and then merely concluded the contract by phone or online.
How long you have to change your mind:
How long you have is dependent on what you have ordered and how it is delivered:
• If you have bought services, you have 14 days after the day we email you to confirm we accept your order. However, you cannot change your mind once we have completed the services, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided until you tell us that you have changed your mind.
• If you have bought goods, you have 14 days after the day you (or someone you nominate) receives the goods unless:
• your goods are split into several deliveries over different days, in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods; or
• If your goods are for regular delivery over a set period (for example, by way of a subscription), you have until 14 days after the day you (or someone you nominate) receive the first delivery of the goods.
• Returning products under our refund policy
You may have additional rights to return products under our refund policy, which apply separately from your statutory rights. Where you choose to return a product under the refund policy, you must follow the process set out in that policy, including submitting the return request through our online returns portal. The refund policy sets out eligibility criteria, applicable time limits, and details of any return charges that may apply. Your statutory rights to cancel or return products are not affected.
• Ending the contract where we are not at fault and there is no statutory right to change your mind
If we are not at fault and you do not have a statutory right to change your mind, you may still end the contract before it is completed. In these circumstances, we may deduct from any refund, or charge you, reasonable compensation to reflect the costs we incur as a result of the contract being ended, which may include costs associated with processing returns. A contract for goods is completed when the product has been delivered and paid for. A contract for services is completed when the services have been fully provided and paid for. To end a contract in these circumstances, please contact us.
11. How to end the contract with us (including if you have changed your mind)
Tell us you want to end the contract:
To end the contract with us, please inform us using one of the following methods.
• Contact: Contact our customer service team the details in clause 2. You will be asked to provide your name, home address, details of the order and, where available, your phone number and email address.
• By post: Print off the form attached as the schedule to these terms and post it to us at the address on the form. Or write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
Returning products after ending the contract:
If you end the contract for any reason after products have been dispatched or received, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at our address in clause 2 or (if they are not suitable for posting) allow us to collect them from you, or otherwise follow relevant instructions for returning products in our refund policy. Please contact our customer service team using the contact details set out in clause 2.2 for a return label, arrange collection, or follow instructions for return included with your product or, if relevant, set out in our refund policy. If you exercise your right to change your mind, you must send off the goods within 14 days of telling us you wish to end the contract.
When we will pay the costs of the return:
We will pay the costs of return if:
• the products are faulty or misdescribed;
• you are ending the contract because we have told you of 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; or
• our refund policy says that we will.
In all other circumstances (including where you are exercising your right to change your mind), you must pay the costs of return.
What we charge for collection:
If you are responsible for the return costs and we are collecting the product from you, we will charge you the direct cost to us of collection. We will inform you of the collection costs when arranging collection.
How we will refund you:
We will refund the price you paid for the products (including delivery costs) using the method you used for payment. However, we may deduct fees from the price, as described below.
Deductions from refunds are available if you exercise your right to change your mind:
If you are exercising your right to change your mind:
• we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling or using them in a way which would not be permitted in a shop. If we refund you the price paid before we can inspect the goods and later discover you have unacceptably handled them, you must pay us an appropriate amount;
• the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and
• where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied in comparison with the full coverage of the contract.
When your refund is actioned:
We will issue any refunds to you as soon as possible. If you are exercising your right to change your mind, then:
• if the products are goods and 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. For information about how to return a product to us, see clause 9.2;
• in all other cases, your refund will be issued within 14 days of telling us you have changed your mind.
12. Our rights to end the contract
We may end the contract if you break it:
We may end the contract for a product at any time by writing to you if:
• you do not make any payment to us when it is due, and you still do not make payment within 28 days of us reminding you that payment is due;
• 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 (see clause 13);
• you do not, within a reasonable time, allow us to deliver the products to you or collect them from us (see clause 5);
• we attempt to contact you to arrange any aspect of a site survey or delivery or products, and we are unable to contact you for a period of 28 days (see clause 7.3(b); or
• you do not, within a reasonable time, allow us access or take such steps as are reasonably required to enable us to provide the services (see clause 3).
You must compensate us if you break the contract:
If we end the contract in the situations set out in clause 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 due to your breaking the contract. This compensation may include an additional charge of £50, which we may make if an appointment has been made for the provision of services and this appointment is cancelled less than 24 hours before the time we were due to provide the services (or the earliest time in any window during which we were to provide them), and which would relate to our costs incurred in arranging and preparing for the appointment.
We may withdraw non-standard products following your order:
Where you have ordered non-standard products, such as products in a different colour or not ordinarily stocked in the UK, we may write to you to let you know that we can no longer supply them. We will let you know at least 14 days in advance of the anticipated delivery date and will refund any sums you have paid in advance for products that will not be provided.
We may end subscriptions:
We may choose to cease providing our products by way of subscription in whole or in part or change the basis on which we do so. In such circumstances, we may end the contract by letting you know at least one month in advance and will refund any sums you have paid in advance for products that will not be provided.
13. If there is a problem with the product
How to tell us about problems:
Please contact us if you have any questions or complaints about the product. You can contact our customer service team using the details in clause 2. Alternatively, please speak to one of our staff in-store.
Summary of your legal rights:
We are legally obliged to supply products that conform to this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms or any of our policies will affect your legal rights.
Summary of your key legal rights:
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk. If your product is goods, for example a filter or pillow for a hot tub, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.
During the expected lifespan of your product your legal rights entitle you to the following:
a) up to 30 days: if your goods are faulty, then you can get an immediate refund;
b) up to six months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases; and
c) up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is services, for example moving a hot tub, the Consumer Rights Act 2015 says:
a) you can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we are unable to fix it;
b) if you have not agreed a price beforehand, what you are asked to pay must be reasonable; and
c) if you have not agreed a time beforehand, it must be carried out within a reasonable time.
Your obligation to return rejected products:
If you wish to exercise your legal rights to reject products, you must either 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 contact our customer service team using the details in clause 2 for a return label or to arrange collection or follow relevant instructions for return in our refund policy or included with your product.
14. Price and payment
Where to find the price for the product: The price of the product (which includes VAT) will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 3 for what happens if we discover an error in the price of the product you order.
We will pass on changes in the VAT rate: 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.
If we get the price wrong: It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that if the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price on your order date is higher than the price stated, we will contact you for instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay and how you must pay: We accept payment through the methods indicated on our website. When you must pay depends on what product you are buying:
• for one-off goods, you must pay for the products when you place your order and in any event before we dispatch them, or at any other time which we have expressly agreed with you regarding your order. We will not charge your credit or debit card until we dispatch the products to you;
• for one-off services, you must pay for the services when the time for their performance is arranged (which may be either when you place your order or subsequently
• see clause 2) and in any event before we are scheduled to provide them, or at any other time which we have expressly agreed with you in respect of your order; and
• for subscriptions, you must pay for the products at the times and intervals explained to you when placing your order.
We can charge interest if you pay late: If you do not make any payment to us by the due date, we may charge you interest on the overdue amount at a rate of 3% a year above the Bank of England’s base rate from time to time. This interest shall accrue daily 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.
What to do if you think an invoice is wrong: If you think an invoice is wrong, please contact us promptly and 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.
15. Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us: If we fail to comply with these terms, we are responsible 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.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so: This includes liability for:
• death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
• fraud or fraudulent misrepresentation;
• breach of your legal rights in relation to the products as summarised in clause 2; and
• defective products under the Consumer Protection Act 1987.
When we are not liable for damage to your property:
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.
When your property is damaged during our services: Please see clause 4.4(c), which explains how we are not liable when we are unable to provide services without causing some damage. Otherwise, if we are responsible for damaging your property whilst providing the services, we will repair any such damage, or if we inform you that we cannot do so, we will reimburse you for the reasonable costs of repairing such damage.
We are not liable for business losses:
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, business interruption, or business opportunity.
16. How we may use your personal information
How we may use your personal information:
We will only use your personal information as set out in our privacy policy, which can be found at https://hydropoolstore.co.uk/policies/privacy-policy.
17. Other important terms
We may transfer this agreement to someone else:
We may transfer our rights and obligations under these terms to another organisation. If this happens, we will always tell you in writing and ensure that the transfer will not affect your rights under the contract. Regarding subscriptions, if you are unhappy with the transfer, you may contact us to end the contract within 14 days of us telling you about it, and we will refund you the pro rata amount of any payments you have made in advance for products not provided. We may also sub-contract our obligations under the terms, including the performance of services, to another organisation. If we do so, we will remain responsible for those obligations as if we were performing them ourselves.
You need our consent to transfer your rights to someone else:
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing and will only withhold, condition or delay that agreement where it is reasonable to do so.
Nobody else has any rights under this contract:
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force:
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any paragraph is unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay enforcing this contract, we can still enforce it later:
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay taking steps against you regarding your breaking this contract, that will not mean that you do not have to do those things. It will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but continue to provide the products, we can still require you to make the payment later.
Which laws apply to this contract, and where may you bring legal proceedings?
These terms are governed by English law, and you can bring legal proceedings regarding the products to the English courts. If you live in Scotland, you can bring legal proceedings regarding the products to either the Scottish or the English courts.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To: Customer Care
Hydropool UK
8 Turnberry Park Road
Gildersome, Morley
Leeds, LS27 7LE
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*]:
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
[*] Delete as appropriate