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Terms and Conditions

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01633244555.

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Pegasus Whirlpool Baths Ltd a company registered in Cardiff under number 4289725 whose registered office is at 61-62 Lower Dock Street, Kingsway, Newport, Gwent, NP20 1EF with email address info@whirlpoolbaths.co.uk; telephone number 01633244555; (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Website means our website www.whirlpoolexpress.co.uk on which the Goods are advertised.

Goods

11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate. We will provide diagrams and will not proceed with a Special Order without your confirmation.
13. All Goods which appear on the Website are subject to availability and, unless otherwise stated;
a. All our whirlpool baths allow for a maximum bather weight of 18 stone with water in the bath to the overflow. If the weight of a bather is going to be in excess of 18 stone, we need to know so that additional support options to the base of the bath can be discussed. This is especially important if the bath is going to be used for showering as well as bathing.
b. Pegasus Whirlpool Baths Ltd manufacture a large range of whirlpool baths with a wide range of jet options. Where back jets are specified, the purchaser must take into account the volume and size of the bathers using the bath. Whirlpool venturi jets need at least 40mm of space in order to develop an effective jetstream. The minimum width of the bath chosen for a whirlpool and the posture of the bathers should taken into account when choosing a bath and back jets, especially if the size of the bather effectively creates a dam between the back of the bath and the suction fitting.
c. The Pegasus Turbo option increases the power of the whirlpool jets by adding more air into the water stream. The volume of water does not increase, The amount of air being forced into the venturi can be changed by varying the speed of the blower. Care should be taken when using the Turbo option that the bath water level is to the overflow and that the power selected and body position is such that the water is not caused to go over the back of the bath. The turbo massage is a welcome relief to everyday aches and pains and enjoyed by many. It can be used on full power, but use it wisely.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal Information

15. We retain and use all information strictly under the Privacy Policy.
16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

17. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
19. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
20. Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and Payment

23. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
24. Prices and charges for goods to be delivered into the UK or EC normally include VAT at the rate applicable at the time of the order. However if you are purchasing a whirlpool bath for yourself or a third party who is either chronically sick or disabled, you may be eligable for VAT exemption. You are exempt from paying VAT if:;
a. You are an Individual and are chronically sick or disabled and the products supplied are for your own personal use. You will need to download the 'VAT Exemption Declaration' form and return it to us either by fax or post.Download the VAT Exmption Declaration form
b. You are a Charity or other Organisation and are either buying the goods for someone who is chronically sick or disabled and the product(s) supplied is for their own personal use. Or in respect of a charity where the goods are made available by the charity to a disabled person for their personal or domestic use. Full details can be found atHMRC Reference 701/7
c. You are placing an orders supplied to a destination outside of the EC. You may be liable for charges and taxes by the destination country on arrival of the goods, these charges are to be paid by the recipient or purchaser.
25. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

26. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into unless otherwise agreed.
27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
30. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
31. We believe that ordering online shouldn't have any nasty sting in the tail and as such we make every effort to keep the cost of delivery to a minimum, hence shipping and handling is charged at a flat fee of 7.99 plus VAT for each order placed online for delivery in mainland UK. All goods must be inspected for content, defects and damage at the time of delivery. Claims for damaged goods will not be accepted after the goods have been signed for by the customer. In the event that the delivery is made by a third party such as a carrier, notification must be made immediately, both to the carrier and to us. Claims for damaged goods can not be accepted once the goods have been installed or used.
a. Orders from customers destined for delivery to Scotland and offshore islands within the United kingdom including Northern Ireland, the Scottish Islands,the channel Islands, the Isle of Wight and the Isle of Man will be surcharged according to our actual delivery costs. This will be subject to a maximum of 20 for small parcels, but larger items such as baths, pottery and showers will be more expensive, especially to Islands. We are always looking at ways to reduce our shipping costs to these areas, for an accurate cost please contact us on 01633 244555.
b. If you have an export enquiry please contact us on 01633 244555 before placing the order. Currently the goods which are for sale in this catalogue are only sold for delivery to a mainland UK destination. All goods are available for export but the shipping charge will increase.
c. For items such as basins, bidets, WC pans and baths without whirlpools, the cost of delivery can be prohibitively high compared to the value of the product and, rather than raise our prices across the board to try and cover this cost, we give our customers two delivery options when they order one of these products.
d. If you choose to have delivery at the standard 7.99 plus VAT charge, your order will only be dispatched when it is possible to schedule delivery alongside other orders in the same area. We will contact you after you have placed your order if we believe you may benefit from this option.
e. Alternatively, for an additional 25 plus VAT fee, express delivery can be arranged and your order will be despatched within 2 or 3 days of all the items becoming available.
f. Delivery timings are intended as a guide only and are based on items being in stock. Non-stock items may take longer to deliver.
g. If, we accept an Order for delivery outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands, you may need to pay import duties or other taxes, as we will not pay them.
32. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
33. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
34. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
36. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal and Cancellation

37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
38. You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
39. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a. foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
b. goods that are made to your specifications or are clearly personalised eg, whirlpool baths with special pump, control or jet positions or configurations; baths with special tap hole positions and items not norally stocked and ordered specially for the customer and marked "special order".
c. goods which are liable to deteriorate or expire rapidly.
40. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
b. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to Cancel

41. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
42. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
43. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
44. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website www.whirlpoolexpress.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
45. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of Cancellation in the Cancellation period

46. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for Goods supplied

47. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

Timing of reimbursement
48. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
49. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
50. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

51. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 61-62 Lower Dock Street, Kingsway, Newport, Gwent, NP20 1EF without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
52. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity and Guarantee

53. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
54. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
55. It is not a failure to conform if the failure has its origin in your materials.
56. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
57. We will provide the following after-sales service: The warranty on all Pegasus Whirlpool Baths can be extended annually year by year when the initial year warranty expires. The warranty must be applied for within 30 days of the expiry of your initial warranty and be maintained continuously. This warranty can be renewed annually for as many years as you wish and is transferrable to the new owner should you sell your home. For further details please contact us on 01633 244555.

Successors and Contractors

58. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
59. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

Privacy

60. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
61. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (www.whirlpoolexpress.co.uk/acatalog/full-privacy-policy.html) and cookies policy (www.whirlpoolexpress.co.uk/acatalog/cookies).
62. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
63. We are a Data Controller of the Personal Data we Process in providing Goods to you.
64. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
65. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: info@whirlpoolbaths.co.uk.

Excluding Liability

66. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing Law, Jurisdiction and Complaints

67. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
68. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
69. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution as soon as possible and certainly within 5 days. if we are unable to resolve your issue you can refer to the European Online Dispute Resolution platform as follows: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
70. We aim to follow the Government Trading Standards codes of conduct. Nothing in these conditions will reduce your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights contact the Citizens' Advice Consumer Service 03454 04 05 06

Model Cancellation Form

To:
Pegasus Whirlpool Baths Ltd
61-62 Lower Dock Street,
Newport
Gwent
NP20 1EF
Email address: info@whirlpoolbaths.co.uk
Telephone number: 01633244555

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 [*]______________________(date received)

Name of consumer(s):
Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper)

Date
[*] Delete as appropriate.

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