Consumer Terms and Conditions of Sale
These Terms and Conditions of Sale set out important information and conditions regarding your orders and purchases of products (the “Products”) and Product installation services (the “Installation Services”) from us.
In these Terms and Conditions of Sale “us”, “we” and “our” means Blue Whale Spa.
BEFORE YOU PLACE AN ORDER, YOU SHOULD READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR ORDER.
1.2 Please read these Terms and Conditions of Sale carefully and make sure that you understand them, before ordering any Products and/or Installation Services from us.
1.3 In particular your attention is drawn to the clauses concerning our liability to you (clause 11), you’re your legal right to cancel (clause 9), and other important terms (clause 13).
1.4 You will be asked to read and agree to these Terms and Conditions of Sale before you place an order for Products and/or Installation Services from us. If you refuse to accept these Terms and Conditions of Sale you will not be able to order any Products and/or Installation Services from us. We intend to rely on these Terms and Conditions of Sale and it is our intention that you will be legally bound by them when you order Products and/or Installation Services from us. Please read them carefully. If you have any questions about these Terms and Conditions of Sale, please contact us before placing an order.
1.5 We may occasionally update these Terms and Conditions of Sale from time to time, for example to comply with changes in the law or to take account of new ordering processes or new products we may offer. Every time you wish to order Products and/or Installation Services, please check these Terms and Conditions of Sale on the website (www.bluewhalespa.com) (our “Website”) for the latest version to ensure you are happy with any changes and to ensure you understand the terms which will apply at that time.
1.7 Any revisions will not affect any orders we have already accepted from you.
1.8 We will not necessarily keep a copy of these Terms and Conditions of Sale specifically in relation to your order. We will, however, provide you with a copy of these terms by email to confirm the contract after it has been concluded.
1.9 These Terms and Conditions of Sale, and any Contract between us, are only available in the English language.
2.1 We operate the Website. We are BlueWhaleSpa Limited, Registered address Blue Whale Spa Ltd, 11 Glaisdale Drive East, Nottingham NG8 4GU (Company Reg No: 7503863). Our VAT number is GB 118175616.
2.2 To contact us, please use the details above, call us on 0115 954 88 88 or e-mail us on [email protected]
3.1 Details about the range of Products we offer are set out on the Website. The Website also includes full specifications for each of our Products.
3.2 The images of the Products on our Website are for illustrative purposes only.
3.3 Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3.4 All Products shown on our Website are subject to availability. We do not stock our all of our Products ready for shipping, and many Products are made to order. Before you place your order, you will be informed whether your selected Product is in stock, or whether it will be made to order. Please see clause 7 for further information about how the contract between us will be concluded.
4.1 When forming part of your order, we will supply the Positioning services to you at the same time that we deliver your Products (a “Delivery & Position”). Delivery & Position Services may form part of your order at no additional costs, or you may choose to pay for Delivery & Position Services to be provided in relation to products you are buying.
4.2 When forming part of your order, we will supply the Installation Services to you at the same time that we deliver your Products (an “Installation Delivery”). Installation Services may form part of your order at no additional cost, or you may choose to pay for Installation Services to be provided in relation to Products you are buying.
4.3 Please note that as part of the Installation Services offered by us, we do not provide any crane services which you may require (i.e. crane services may be required if you intend to install our Products in locations which are not readily accessible). In the event that you contract separately with a third party supplier to offer crane services (“Third Party Crane Services”), such arrangements will not form part of your contract with us, and will be the entire responsibility of the third party supplier. Please see additional terms relating to Third Party Crane Services in clause 10 (Delivery).
4.4 In addition, please note that the Installation Services does not include ensuring that an adequate power supply is available at your property. Instead, you will need to have an adequate power supply installed, prior to delivery, by a trained electrician.
4.5 To enable us to provide the Installation Services to you, we will need to obtain certain information from you, for example, access pictures, measurements and access route videos. Full details of this information will be included in the Order Information Email sent to you (please see clause 7). When confirming your order, you will be asked to provide this information and also confirm certain facts about your property (including access). If any of this information proves to be incorrect, and as a result we incur additional costs, we will be entitled to charge you a reasonable sum to cover these extra costs, or where the error or omission is particularly significant, we may suspend the Installation Services. In such instances, we will discuss with you how this information may impact the charges.
4.6 We may have to suspend the Installation Services if we have to deal with any unexpected technical problems that arise when we are at your property ready to install your Products. In such instances, and where the technical problem is not caused by us, you may be responsible to pay an additional charge, which will be charged to reflect the additional costs we incur to perform the Installation Services for you.
5.1 The prices of the Products, Delivery & Position and Installation Services will be as quoted in your Order Information Email. We take all reasonable care to ensure that the prices of Products, Delivery & Position and Installation Services are correct at the time when the information is sent to you. We will contact you before we accept your order if we discover an error in the price of Products and/or Delivery & Position/Installation Services you have ordered.
5.2 Prices for our Products and/or Delivery & Position/Installation Services may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation Email.
5.3 For some Products, Delivery & Position/Installation Services will be provided at no additional cost to you. However, some Products do not include Delivery & Position or Installation Services, and as such an additional cost will be charged in the event that you elect to order Installation Services and/or Delivery & Position as part of your order.
5.4 The price of a Product and/or Delivery & Position/Installation Services includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
5.5 Delivery charges may also be payable on your order and these will be confirmed in your Order Information Email.
6.1 Payment for all Products and/or Installation Services must be made by contacting us on 0115 954 88 88.
6.2 A deposit may be required in relation to your order. Details of any deposit due, and how to arrange payment of the deposit, will be confirmed in your Order Information Email. Please note that payment of a deposit will not automatically give rise to a contract between us. Please see clause 7 for further details.
6.3 Payment for all Products and/or Delivery & Position/Installation Services must be made, in full, before delivery.
6.4 We accept the following forms of payment: Bank transfer, Debit card, Credit card, Finance.
6.5 We may withhold the Products and/or cancel the Contract between us if payment is not received from you in full in cleared funds.
7.1 Our order process is as follows:
7.1.1 you are required to contact us on 0115 954 88 88 or at [email protected] to confirm the details of the Product(s) you are interested in ordering from us;
7.1.2 further to our initial correspondence, as outlined in paragraph 7.1.1 above, we will email you the details of your order (your “Order Information Email”), which will detail relevant information in relation to the Product(s) you have expressed an interest in ordering (including any Installation Services and/or delivery options you may also wish to choose). In addition, the Ordering Information Email will include a “pre-planner questionnaire” which include questions relating to the ability for us to deliver and install the Product(s) at your chosen property;
7.1.3 if on receipt of your Order Information Email, you would like to amend any details relating to your order, you are required to contact us on 0115 954 88 88 or at [email protected] to agree amendments to your order (in such circumstances, we will issue you with a revised Order Information Email);
7.1.4 if on receipt of your Order Information Email, you would like to proceed with your order, you are required to respond to the Order Information Email confirming your decision to proceed with your order, attaching a completed “pre-planner questionnaire”. Responses to the Order Information Email should be sent to [email protected];
7.1.5 in addition to responding to your Order Information Email to confirm your decision to proceed with your order, you may also be required to contact us on 0115 954 88 88 to arrange payment of any relevant deposit (as detailed in the Order Information Email);
7.1.6 On receipt of your confirmation that you wish to proceed with your order in response to the Order Information Email (and, if relevant, on payment of any relevant deposit which is payable), we will send you a confirmation e-mail acknowledging receipt. However, the processing of your payment and your receipt of our email does not constitute acceptance of your order and does not mean a binding contract has been formed; and
7.1.7 The contract between you and us is not formed until we have acknowledged acceptance of your order and have provided you with an order confirmation email (“Order Confirmation Email”). This means that we will not be obliged to supply Product(s) and/or Installation Services until this time. Any payment taken will be refunded to you if your order is later refused or rejected by us for any reason.
7.2 We will do our best to ensure that all Products shown on the Website are available to order. However if any Products that you have ordered are no longer available we will not accept your order and a contract will not be formed. Instead we will attempt to contact you and advise substitute products of a similar nature and quality. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7.3 If at any point there are any problems with your order, please contact us on 0115 954 88 88, [email protected].
9.1 As a consumer, you will always have legal rights (including statutory remedies from 1st October 2015) in relation to Products that are faulty or not as described. Similarly, as a consumer, you have legal rights (including statutory remedies from 1st October 2015) in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described.
9.2 Advice about your legal rights (including statutory remedies from 1st October 2015) is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.3 Nothing in these Terms and Conditions of Sale will affect these legal rights.
9.4 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134, you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items).
9.5 If you wish to return the Products to us under this clause 9 because they are faulty or mis-described, please contact us on 0115 954 88 88. In addition to a refund in full for the price of a defective Products, we will refund you (using the same method of payment you used) as soon as possible, together with any applicable delivery charges. We will collect or arrange collection for any faulty Product(s) at no charge to you. However, when a crane or other lifting equipment, or other 3rd party services such as additional manpower has been arranged by the customer to assist with any delivery, the cost of these services is entirely the responsibility of the customer. Should any situation arise where the item delivered needs this same service to remove it from the property, payment of the cost of this third party service will again be entirely the responsibility of the customer, and we will not be liable for any part of the cost of these services.
9.6 We may make a deduction from the reimbursement for loss in value of any Products supplied if the loss is the result of any unnecessary handling by you.
9.7 In addition to these rights, we also offer our customers an additional enhanced manufacturer guarantee for certain Products, and details of these additional rights are available on the Website and will be provided with the Products manual on delivery. These additional manufacturer guarantees do not affect your legal rights in relation to Products that are faulty or not as described.
10.1 When placing an order with us (in accordance with the process outlined in clause 7 above), you may confirm that you would like us to deliver the Product(s) to your chosen location.
10.2 Please however note that you may choose, when ordering Product(s) from us, to arrange, at your own cost, to collect Product(s) you have ordered from our warehouse (a “Warehouse Collection”). Further details about Warehouse Collections are available by contacting us on 0115 954 88 88.
10.3 Collection charges may also be payable on your order and these will be confirmed in your Order Information Email.
TERMS APPLICABLE TO ALL DELIVERIES
10.4 Unless agreed otherwise, we do not deliver to any addresses outside mainland UK, and there may be some locations within the UK that we are unable to deliver to. In the event that we are unable to deliver to the address confirmed in your order, we will not be able to process and/or accept your order, and no contract will therefore be formed between us (please see clause 7 above).
10.5 We aim to dispatch and deliver Products as soon as possible. Details regarding delivery periods will be confirmed in the Order Information Email and Order Confirmation Email. You will be entitled to cancel your order and receive a full refund if you have not received your Products within the time specified in the Order Information Email and Order Confirmation Email.
10.6 When we are ready to dispatch the Products to you, we will contact you and send you a dispatch confirmation email, (“Dispatch Confirmation”). Your order will be delivered to you on the delivery date confirmed, as set out in the Dispatch Confirmation, unless there is an Event outside Our Control (please see clause 12). If we are unable to fulfil the delivery date because of an Event outside Our Control, we will contact you with a revised estimated delivery date.
10.7 Please ensure that you enter a complete and accurate delivery address when placing your order. We cannot be held responsible for any orders that are delayed due to inaccurate or incomplete delivery address information.
10.8 It is your responsibility to ensure that you have safe and adequate access for our delivery vehicle to park safely at your property, whether we are only delivering the Products or installing them for you. Information as to the minimum access requirements will be confirmed in your Order Information Email/Order Confirmation Email and you will be responsible for ensuring that our vehicle will be able to reach you to unload the Products.
10.9 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery (a re-delivery charge will be payable in such instances).
10.10 You own the Products once we have received payment in full, including all applicable delivery charges, and they are delivered and/or installed.
KERBSIDE DELIVERIES ONLY
10.11 Kerbside deliveries will take place in circumstances where only Product(s) are ordered (i.e. Installation Services do not form part of the order) (“Kerbside Deliveries”).
10.12 Kerbside Deliveries will be delivered to the delivery address confirmed when placing your order and will normally be performed by one delivery driver.
10.13 For all Kerbside Deliveries the Products you have ordered will be placed in what is in our driver’s sole view, the safest and most accessible location on your premises.
10.14 Our drivers will be responsible for the unloading of the Products from our delivery vehicle, but you will be responsible for making arrangements to have the Products moved to your required location if this is not where our driver is able to unload the Products. For example, where our driver is unable to access your property and will therefore need to unload the Products outside of your property, you will need to arrange for the Products to be moved to the required location.
10.15 Kerbside Delivery will be completed when we unload the Products to the address you gave us.
10.16 The risk of any loss or damage to the Products will be your responsibility from the completion of delivery.
POSITION & DELIVERY ONLY
10.17 In circumstances where, as part of your order, Position & Delivery Services are to be provided (either because you have ordered Position & Delivery Services as an additional service in relation to your purchase of the Products, or because Position & Delivery Services are included as part of your order, at no additional cost), the Products will be delivered and positioned at the delivery address confirmed when placing your order.
10.18 For Position & Delivery, the Products ordered will be positioned by our members of staff at the location requested by you (to the extent that Third Party Crane Services have not been arranged), provided all the information about your property is accurate. You will be responsible for any additional costs we incur if you have not provided us with accurate information in this regard.
10.19 It is your responsibility to ensure that any location you request the Product(s) to be positioned is readily accessible.
10.20 We will not remove all packaging from the Product(s) for you. In the event that you have failed to ensure that access to your premises, we will be required to rearrange completion of the Position & Delivery Services. A re-delivery charge will be payable in such instances.
10.21 Position & Delivery Services will be completed when we deliver and position the Products to the address you gave us.
10.22 The risk of any loss or damage to the Products will be your responsibility from the completion of the Position & Delivery Services.
INSTALLATION DELIVERIES ONLY
10.23 In circumstances where, as part of your order, Installation Services are to be provided (either because you have ordered Installation Services as an additional service in relation to your purchase of the Products, or because Installation Services are included as part of your order, at no additional cost), the Products will be delivered and installed at the delivery address confirmed when placing your order.
10.24 For Installation Deliveries, the Products ordered will be fully installed by our members of staff at the location requested by you (to the extent that Third Party Crane Services have not been arranged), provided all the information about your property is accurate. You will be responsible for any additional costs we incur if you have not provided us with accurate information in this regard.
10.25 It is your responsibility to ensure that any location you request the Product(s) to be installed is readily accessible.
10.26 We will remove all packaging from the Product(s) and fully install the Product(s) for you. Please note that you will need to have an adequate power supply installed prior to delivery by a trained electrician as this does not form part of the Installation Services. The required amps needed for each Product will be confirmed in the Order Information Email. In the event that you have failed to ensure that an adequate power supply has been installed prior to delivery by a trained electrician, and we are therefore unable to complete the Installation Services, we will be required to rearrange completion of the Installation Services (to such time that an adequate power supply has been installed). A re-delivery charge will be payable in such instances.
10.27 Installation Deliveries will be completed when we deliver and install the Products to the address you gave us.
10.28 The risk of any loss or damage to the Products will be your responsibility from the completion of the Installation Services.
THIRD PARTY CRANE SERVICES
10.29 Please note that in circumstances where you contract with third party suppliers to supply Third Party Crane Services, it is your responsibility to ensure that the Third Party Crane Services are available at the time at which we have arranged to delivery your Product(s) (as confirmed in the Dispatch Confirmation).
10.30 For deliveries where you have confirmed that Third Party Crane Services will be provided, we schedule (unless agreed otherwise) a 2 hour window for delivery and installation.
10.31 In the event that we are unable to deliver the Product(s) and/or complete the Positioning/Installation Services due to the fault of you and/or your third party supplier who you have contracted with to provide Third Party Crane Services within the delivery window confirmed above at paragraph 10.29, we will be required to either:
10.31.1 rearrange delivery and installation (a re-delivery and installation charge will be payable in such instances.); or
10.31.2 charge 50£ for every additional hour our members of staff are required to attend your property.
11.1 If we fail to comply with these Terms and Conditions of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions of Sale or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
11.2 If we are providing the Position & Delivery and/or Installation Services to you, 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. Similarly, we are not responsible for any damage to your property caused by any other third party suppliers providing services to you which relate to the Product(s), including, but not limited to, suppliers of Third Party Crane Services and/or electricians.
11.3 We only supply the Products, Position & Delivery and Installation Services for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.4 We do not in any way exclude or limit our liability for:
11.4.1 death or personal injury caused by our negligence;
11.4.2 fraud or fraudulent misrepresentation;
11.4.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
11.4.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
11.4.5 any breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
11.4.6 any breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples);
11.4.7 as from 1st October 2015, any breach of the terms for which liability cannot be limited or excluded as provided for under section 31 and/or section 57 of the Consumer Rights Act 2015; and
11.4.8 Defective products under the Consumer Protection Act 1987.
11.5 Some of the Products we sell to you come with an additional manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to Terms and Conditions. These apply in addition to your legal rights as described in clause 9.
11.6 It is essential that you comply with all instructions and guidance provided to you in connection with your use of the Products. If you have any doubts as to the suitability of the Products for your intended purposes, you should seek expert advice and, where appropriate, engage persons of suitable expertise to deal with the Products. We will not be liable to you for any losses or damage you suffer, including any damage to the Products, as a result of your failure to comply with the instructions and guidance provided to you in connection with your use of the Products.
11.7 Where you discover any problems with the Products, please call us as soon as possible after discovering such problems. We will work with you to determine the nature of such problems and to ascertain whether or not the problem was as a result of:
11.7.1 a fault existing at the time of delivery; or
11.7.2 Whether the problem has arisen as a result of any actions or lack of actions on your part to use or deal with the Products in the correct way.
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an Event outside Our Control.
12.2 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
12.3.1 we will contact you as soon as reasonably possible to notify you; and
12.3.2 Our obligations under a Contract 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.
13.2 We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions of Sale. We will always notify you in writing or by posting on this webpage if this happens.
13.3 You may only transfer your rights or your obligations under these Terms and Conditions of Sale to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 11.5 to the recipient of the gift without needing to ask our consent.
13.4 The Contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 11.5.
13.5 Each of the paragraphs of these Terms and Conditions of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.6 If we fail to insist that you perform any of your obligations under these Terms and Conditions of Sale 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.
13.7 If you are a consumer, please note that these Terms and Conditions of Sale are governed by English law. This means a contract for the purchase of Products and/or Installation Services and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. 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.