Terms & Conditions

Terms & Conditions

1. FORMAT OF THE CONTRACT

1.1 These terms of sale apply to all goods supplied by The Essex Whirlpool Bath & Repair company.
1.2 No contract exists between you and the supplier for the sale of any goods until the supplier has received and accepted your order and the supplier has received payment in full in cleared funds. Once the supplier does so, there is a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your order will be sent to you by email when you place your order, but acceptance of your order to buy the goods will not take place until you have confirmed the order along with confirmation of cleared payment.  At that point a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.4 The supplier may change these terms at anytime without notice to you in relation to any future orders.

2. DESCRIPTION AND PRICE OF GOODS

2.1 The description and price of the goods you order will be as shown on the website at the time you place your order.
2.2 Every effort is made to ensure that the prices shown on the website are accurate at the time you place your order. If an error is found, the supplier will inform you as soon as possible and offer the option of reconfirming your order at the correct price or give you the opportunity to cancel the order.

3. PAYMENT

3.1 Payment for the goods and delivery charges can be made by Paypal at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the supplier to terminate the contact immediately.
3.2 Payment for the goods and/or services can be made by cash or cheque, if paying by cheque delivery and/or service or maintenance will commence once the cheque has cleared.
3.3 There will be no delivery until cleared funds are received.

4. DELIVERY

4.1 The goods you order will be delivered to the address you give when you place your order.
4.2 If delivery cannot be made to your address on the booking day you will be responsible for a rebooking charge; as a guide this is usually £52.00 though it may vary depending on your postcode; you will be informed of the charge before re-delivery is attempted.
4.3 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the supplier will inform you as soon as possible.
4.4 Upon receipt of your order you will be asked to sign for the goods received in good condition, you must check the delivery before signing - if it is damaged do not sign for the goods. Failure to do so my affect any warranty claims that you make thereafter. No Claims for missing goods will be entertained once 72 hours have passed from time & date of signing for goods, it is your responsibility to check the delivery to ensure all items are correct and present.

5. RISK / TITLE

5.1 The goods are at your own risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the supplier has received in full (in cash or cleared funds) all sums due.

6. YOUR RIGHT OF CANCELLATION

6.1 Except in case of the faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to us at your own cost. In the case of faulty or misdiscribed goods we shall, after receiving notification of either collect the goods from you or ask you to return the goods yourself and refund you the reasonable postage costs.
6.2 Bespoke goods made to your specifications (such as whirlpool baths with jets placed in certain areas or controls placed to your specifiaction) cannot be returned unless misdescribed. It is therefore important you make absolutely sure that the item matches the correct dimensions and specifications you require.
6.3 Once you have notified us that you are cancelling the contract, we will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit for the goods.
6.4 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the suppler may charge you a sum not exceeding the direct costs of recovering the goods.

7. DATA PROTECTION

The supplier will take all reasonable precautions to keep the details of your order and payment secure.

8. IMAGES

Product images are for illustrative purposes only and may differ from the actual product.


9. CHANGES TO THESE TERMS OF USE
The Terms of Use for this website may be changed by Essex Whirlpool Spa Repair at any time. You will be deemed to accept the Terms of Use as amended when you use this website following any amendment.


THESE TERMS OF SALE AND THE SUPPLY OF THE GOODS and/or SERVICES WILL BE SUBJECT TO ENGLISH LAW AND THE ENGLISH COURTS WILL HAVE JURISDICTION IN RESPECT OF ANY DISPUTE ARISING FROM THE CONTRACT.