AQUALUXE TERMS & CONDITIONS
1. THESE TERMS
1.1 These are the terms and conditions on which Aqualuxe supply products to you, whether these are goods, services or digital content.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who Aqualuxe are, how Aqualuxe will provide products to you, how you and Aqualuxe may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT AQUALUXE AND HOW TO CONTACT US
2.1 Aqualuxe Limited a company incorporated in England & Wales (registration number 09951806) whose registered office is at 21 Worsdell House, Hudson Street, Gateshead, Tyne & Wear, United Kingdom, NE8 2AB and trading address is at Suite 8, 31 Hyde Gardens, Eastbourne, East Sussex, BN21 4PX
2.2 You can contact us by telephoning our customer service team at +44 (0)207 041 9195 or by writing to us at firstname.lastname@example.org.
2.3 If Aqualuxe have to contact you Aqualuxe will do so by telephone or by writing to you at the email address you provided to us in your order.
2.4 When Aqualuxe use the words “writing” or “written” in these terms, this includes emails.
3. AQUALUXE CONTRACT WITH YOU
3.1 Aqualuxe acceptance of your order will take place when you have agreed to the Terms & Conditions, your order has been processed and you have received an email order notification. At which point a contract will come into existence between you and Aqualuxe.
3.2 If Aqualuxe are unable to accept your order, Aqualuxe 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 Aqualuxe could not reasonably plan for, because Aqualuxe have identified an error in the price or description of the product or because Aqualuxe are unable to meet a delivery deadline specified.
3.3 Aqualuxe will assign an order number to your order and tell you what it is when Aqualuxe accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 The Aqualuxe website is solely for the promotion of our products in the UK. Unfortunately, Aqualuxe do not accept orders from OR deliver to addresses outside the UK.
4. AQUALUXE PRODUCTS
4.1 The images of the products on the Aqualuxe website are for illustrative purposes only. Although Aqualuxe have made every effort to display the colours accurately, Aqualuxe 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. Although Aqualuxe have made every effort to be as accurate as possible, because our products are partly handmade, all sizes, weights, capacities, shades of colour dimensions and measurements indicated on the Aqualuxe website have a 2% tolerance.
4.2 The packaging of the product may vary from that shown in images on the Aqualuxe website.
4.3 If Aqualuxe are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on the Aqualuxe website or by contacting us.
4.4 Due to natural variations in shades of colours in any material, Aqualuxe cannot guarantee that if you order 2 identical products the shades will be exactly the same. Aqualuxe will use reasonable endeavours to ensure they are as close as reasonably possible.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. Aqualuxe will let you know if the change is possible. If it is possible Aqualuxe 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 Aqualuxe cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8- Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1 Aqualuxe may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.. These changes will not affect your use of the product
6.2 In addition, as Aqualuxe informed you in the description of the product on the Aqualuxe website, Aqualuxe may make the following changes to these terms or the product, but if Aqualuxe do so Aqualuxe will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. PROVIDING THE PRODUCTS
7.1 The costs of delivery will be as displayed to you on the Aqualuxe website.
7.2 The products will be delivered in accordance with the Delivery & Returns policy set out in the FAQ section of the website.
7.3 If our supply of the products is delayed by an event outside our control then Aqualuxe will contact you as soon as possible to let you know and Aqualuxe will take steps to minimise the effect of the delay. Provided Aqualuxe do this Aqualuxe 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.
7.4 If you do not collect the products from Aqualuxe as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot Aqualuxe will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, Aqualuxe are unable to contact you or re-arrange delivery or collection Aqualuxe may end the contract and Clause 10.2 will apply.
7.5 You have legal rights if Aqualuxe deliver any goods late. If Aqualuxe 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:
(a) Aqualuxe have refused to deliver the goods;
(b) delivery within the delivery deadline was essential(taking into account all the relevant circumstances); or
(c) you told us before Aqualuxe accepted your order that delivery within the delivery deadline was essential.
7.6 If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Clause 7.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if Aqualuxe do not meet the new deadline.
7.7 If you do choose to treat the contract as at an end for late delivery under clause 7.5 or clause 7.6, 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 Aqualuxe will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, or post them back to us. Aqualuxe will pay the costs of postage or collection. Please call customer services on +44 (0)207 041 9195 or email us at email@example.com for a return label or to arrange collection.
7.8 A product will be your responsibility from the time Aqualuxe deliver the product to the address you gave Aqualuxe.
7.9 You own the product once Aqualuxe have received payment in full.
7.10 Aqualuxe may need certain information from you so that Aqualuxe can supply the products to you, for example, your name, delivery address and contact details, these details will be requested when ordering through the Aqualuxe website. If you give Aqualuxe incomplete or incorrect information, Aqualuxe may either end the contract (and Clause 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. Aqualuxe 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 Aqualuxe need within a reasonable time of us asking for it.
7.11 Aqualuxe may have to suspend the supply of a product to:
(a) deal with technical problems or make minor changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see Clause 6).
7.12 Aqualuxe will contact you in advance to tell you Aqualuxe will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if Aqualuxe suspend it, or tell you Aqualuxe are going to suspend it.
7.13 Products must be paid for in full at the time or ordering, no products shall be delivered until full payments has been received.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how Aqualuxe are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract or to get the product replaced or to get some or all of your money back, see Clause 11;
(b) If you want to end the contract because of something Aqualuxe have done or have told you Aqualuxe are going to do, see Clause 8.2;
(c) If you have just changed your mind about the product, see Clause 8.3. 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;
(d) In all other cases if Aqualuxe are not at fault and there is no right to change your mind, see [Clause 8.7 OR Clause 8.8].
8.2 If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and Aqualuxe will refund you in full for any products which have not been provided and you may also be entitled to reasonable and actual compensation. The reasons are:
(a) Aqualuxe have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6.2);
(b) Aqualuxe have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) you have a legal right to end the contract because of something Aqualuxe have done wrong (including because Aqualuxe have delivered late (see Clause 7.8).
8.3 Provided that the security tag has not been removed and then you have a legal right to change your mind within 14 days and receive a refund. In these circumstances the product must be returned to Aqualuxe at your expense. Only once the product has been returned in an acceptable condition shall a refund be made to you.
8.4 You do not have a right to change your mind in respect of:
(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(b) products which no longer have the security tag attached
(c) products which have been worn, washed or damaged in any way.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 To end the contract with us, please let us know by calling customer services on +44 (0)207 041 9195 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Aqualuxe will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because Aqualuxe have told you of an upcoming change to the product or these terms, 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 Aqualuxe have done wrong; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.3 Aqualuxe will refund you the price you paid for the products including delivery costs if applicable, by the method you used for payment, once the product has been returned.
10. OUR RIGHTS TO END THE CONTRACT
10.1 Aqualuxe may end the contract for a product at any time by writing to you if:
(a) 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,
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
10.2 Aqualuxe may write to you to let you know that Aqualuxe are going to stop providing the product. Aqualuxe will let you know as soon as possible and will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44 (0)207 041 9195 or write to us at email@example.com.
11.2 If you wish to exercise your legal rights to reject products you must return them.
12. PRICE AND PAYMENT
12.1 The price of the product will be the price indicated on the order pages when you placed your order. Aqualuxe take all reasonable care to that the price of the product advised to you is correct. However please see clause 12.2 for what happens if Aqualuxe discover an error in the price of the product you order.
12.2 It is always possible that, despite our best efforts, some of the products Aqualuxe sell may be incorrectly priced. Aqualuxe will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, Aqualuxe will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, Aqualuxe will contact you for your instructions before Aqualuxe accept your order.
12.3 Aqualuxe accept payment methods as stated on the Aqualuxe website
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 If Aqualuxe fail to comply with these terms, Aqualuxe are responsible only for loss or damage you suffer that is a foreseeable, reasonable and actual result of our breaking this contract. SAVE at all times Aqualuxes total liability to you under contract, tort or howsoever arising shall be limited to twice the cost of the Product.
13.2 The liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987 shall only be capped to the extend of the law
13.3 Aqualuxe only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose Aqualuxe will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW AQUALUXE MAY USE YOUR PERSONAL INFORMATION
14.1 Aqualuxe will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give your information about similar products that Aqualuxe provide, but you may stop receiving this at any time by contacting us.
14.2 Aqualuxe will only give your personal information to other third parties where the law either requires or allows us to do so.
15. OTHER IMPORTANT TERMS
15.1 This contract is between Aqualuxe and you. No other person shall have any rights to enforce any of its terms.
15.2 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.
15.3 If Aqualuxe do not insist immediately that you do anything you are required to do under these terms, or if Aqualuxe delay in taking steps against you in respect of your breaking this contract that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.4 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
15.5 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how Aqualuxe have handled any complaint, you may want to contact the alternative dispute resolution provider Aqualuxe use. You can submit a complaint to CEDR via their website at www.cedr.com.