Terms and Conditions
1.1 The definitions in this clause apply to these Terms:
Force Majeure Event: shall have the meaning given in clause clause 9.
Goods for Hire: any goods or Services agreed to be supplied under the Order.
Order: shall mean your acceptance of the Company’s Quotation or an order in such form as agreed by the Company.
Order Confirmation: shall have the meaning set out in clause clause 2.7.
Place for Delivery: the place specified in the Order for delivery of the Goods for Hire or Services.
Terms: the terms and conditions set out in this document.
Quotation: shall mean any quotation for any goods or services issued by us.
We/us: Bathing under the Sky ltd
Registered Office of the Company:
1A Melbourn Street, Royston, Hertfordshire SG8 7BP
Trading Office of the Company:
49 Whitecroft Road, Royston, Hertfordshire SG8 6LS
Writing or written: includes faxes and e-mail.
1.2 Headings do not affect the interpretation of these Terms.
2. Basis of Sale
- We consider these Terms, the Order and our price list to set out the whole agreement between you and us and the placing of an Order with us expresses acceptance of our Terms. These Terms only apply to our contracts with consumers.
- Please check that the details in these Terms and on the Quotation and Order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents.
- Please ensure that you read and understand these Terms before you sign and submit the Order, because you will be bound by the Terms once a contract comes into existence between us, in accordance with Clause 2.7.
2.2 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Goods for Hire they describe. They do not form part of the contract between you and us or any other contract between you and us for the supply of the Goods for Hire.
2.3 The Goods for Hire or Services shall be as described in the Company’s Quotation or Confirmation of Order.
2.4 At our discretion we may need to carry out a survey of the site before issuing a Quotation.
2.5 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
2.6 The Order is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.
2.7 These Terms shall become binding on you and us when we issue you with written acceptance of an Order at which point a contract shall come into existence between us.
2.8 Any quotation for the Goods for Hire or Services is given on the basis that a binding contract shall only come into existence in accordance with clause 2.7. A Quotation from us shall be valid for a period of 30 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
2.9 We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
2.10 Anyone placing an Order for any Goods for Hire or Services must be at least 23 years of age.
3.1 Unless we are prevented from doing so by a Force Majeure Event, we will deliver Goods for Hire to the Place of Delivery.
3.2 On delivery you are responsible for ensuring that there is an adequate water supply. You will be responsible for the cost of the water.
4. Provision of Goods for Hire and Collection
4.1 We will supply the Goods for Hire from and until the dates set out in the Order.
4.2 The Goods for Hire will be delivered and collected on the dates specified in the Order or as agreed between us. You must ensure that we are able to access the premises on which the Goods for Hire are situated. Any failure to do so, which results in us being unable to deliver the Goods for Hire, may result in you still being charged for the cost of hire.
4.3 A refundable damage deposit of is due one week before your rental period starts. The deposit shall be held until the Goods for Hire are collected and assessed by us. Deductions will be made for any damage occurring during the rental period on the basis of the value of goods and/or the cost of repair or replacement.
4.4 The deposit will be refunded no later than one week after the Goods for Hire are collected.
4.5 The damage deposit will be retained partially or in full should any of the following occur:
Any damage which will affect the performance or function of the Goods for Hire
Any cosmetic damage of the Goods for Hire
Any damage or destruction which will result in decreasing of the value of the Goods for Hire
Any loss, destruction or damage of the Goods for Hire
Any damage caused by negligence or by not following of the instructions of our technicians
5. Price and payment
5.1 The price of the Goods for Hire will be as set out in the Quotation we provided to you or, if we have not provided a Quotation or the Quotation has expired, in our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.
5.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods for Hire in full before the change in the rate of VAT takes effect.
5.3 A non-refundable deposit of 25% of the quoted price must be paid at the time of Order. No Order Confirmation will be made until this has been paid.
5.4 The balance of the price must be paid at least four weeks before the date specified for delivery. If the date for delivery is less than four weeks from the time the booking is made, the full price will be payable immediately.
5.5 If you do not make any payment due to us by the due date for payment (as set out in clause 5.4), we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis 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 the overdue amount.
5.6 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel any Order until you have paid the outstanding amounts.
5.7 A refundable damage deposit of £500 shall be payable on delivery. This deposit shall be held until the Goods for Hire are collected by us and we confirm that no damage has been done to the Goods for Hire. Deductions will be made for any damage caused during the period of the letting in accordance with the Price List.
5.8 Once an Order has been confirmed you will not be able to change any dates without our written consent. Where we consent to any change of date an additional fee of £30 will be added to the final sum payable.
5.9. We do not store credit card details nor do we share customer details with any 3rd parties
6. Cancellation Policy
6.1 If you wish to cancel any Order after any Confirmation of Order has been made the following charges will be payable;
- 0-7 days before delivery date specified in Order Confirmation- 100% of the total price;
- 8-14 days before the delivery date specified in Order Confirmation- 75% of the total price;
- 15-28 days before the delivery date specified in Order Confirmation- 60% of the total price;
- 29 or more days before delivery date specified in Order Confirmation- 25% of the total purchase price.
6.2 Any notice to cancel an Order must be made in writing and addressed to ‘Bathing Under the Sky ltd, 49 Whitecroft Rd, Meldreth, Royston SG8 LS.
7. Safety Instructions
7.1 You are responsible for insuring that everyone who uses the Goods for Hire follows the Health and Safety Guidance provided with the Confirmation of Order.
7.2 On delivery you will be required to sign a copy of the Health and Safety Guidance indicating that you understand the guidance and agree to abide by it and complete a medical questionnaire.
8. Limitation of liability
8.1 All times given for delivery of the Goods for Hire are approximate.
8.2 If the Goods for Hire are damaged during delivery we will remedy the damage as quickly as possible. If the damage cannot be remedied or a replacement provided, we will refund you the full cost of the Goods for Hire.
8.3 These Terms will apply to any replacement Goods for Hire we supply to you.
8.4 We will not be liable to make any refund where the Goods for Hire could not be used due to;
- Weather conditions;
- Failure of water supply; or
- Failure to maintain fire efficiency.
8.5 We will not be liable for any damage caused to any property, in particular but without prejudice to the generality of the foregoing we will not be liable for any damage caused as a result of draining the water from any Hot Tub, or placing the Hot Tub on a surface which is not capable of holding the weight of the Hot Tub when filled with water.
8.6 If you use the Goods for Hire in a business, we will not be liable for any indirect loss or any loss of business or profits or any expenses incurred as a result of the Goods for Hire being damaged during delivery.
9. Events outside our control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
9.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
- strikes, lock-outs or other industrial action; or
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
- impossibility of the use of public or private telecommunications networks.
9.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
10. Risk and Insurance
10.1 You must pay to us the full cost of replacing any Goods for Hire which are lost, stolen or damaged beyond repair. You are responsible for insuring the Goods for Hire for their full replacement cost.
11.1 We may bring this contract to an end if;
- you breach any of the Terms;
- you become bankrupt;
- you enter into a formal agreement with your creditors;
- you are wound up or a receiver or administrator is appointed over all or part of your assets; or
- you enter into a voluntary agreement.
11.2 If we end the contract it will not affect any rights under any contract.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to Bathing under the Sky ltd at 49 Whitecroft Rd, Meldreth, Royston SG8 6LS. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
14. Data protection
We will only use the personal information you provide to us to provide the Goods for Hire, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information. We will not pass your data to third parties. We do not store credit card details nor do we share customer details with any 3rd parties
15.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
15.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
15.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
15.4 These Terms shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts. We do not accept orders from addresses outside the UK.