Our Contract. These Terms and Conditions govern the supply of goods sold by Athena Spas and Pools Ltd (Registered in England number 05308662, VAT number 850357431) of Unit 1 North Yard, Pennybridge Lane, Mayfield, East Sussex, TN20 6QB ("we" and "us") to the customer ("you") these constitute the entire and only agreement between us in relation thereto. All orders placed are subject to acceptance by delivery of the goods to you at which point a legally binding contract is constituted between us on these Terms and Conditions.
Price & Payment. The details and price payable for the goods you order is as set out on our web site at the time you place your order, plus any charges for carriage and insurance subsequently agreed. We are not obliged to accept your order and may decline it or limit the order quantity.
Occasionally an error may occur with our web site and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.
We must receive payment for the whole of the price of the goods you order, and any applicable charges for carriage, before your order can be accepted unless we have agreed otherwise in advance in writing.
Delivery & Title. A delivery schedule will be agreed with you. A valid signature will be required on collection or delivery. Upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, title in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall hold the goods on a fiduciary basis as bailee and shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
Availability. While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days.
Cancellation & Returns. Cancellation is not possible for goods that have been customised or acquired specially for your order. You may cancel your order for standard goods only by giving us notice of cancellation within seven days of the date of delivery. Such notice must be given in writing. If there are any problems with the goods we must be given adequate opportunity to correct the problem before cancellation of the order. If you are cancelling because of any problem with the goods you must provide full written details at the time of cancellation.
On cancellation for whatever reason, you must return the goods to us at your cost. Goods must be adequately protected for transit and insured by you and at your cost. If the goods are being returned because they are faulty or incorrect we must be given adequate time and assistance to facilitate their return.
Liability. We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
Limited Companies - Guarantee. Those signing the Trade Credit Account Application Form on behalf of limited companies do so as guarantor and irrevocably undertake to guarantee the payment of all monies owing to us by the relevant limited company if we believe that the limited company cannot meet its obligations. If the limited company goes into receivership, liquidation or administration the guarantor will pay to the receiver, liquidator or administrator, as the case may be, such sum as will enable him to pay all monies owed to us by the limited company.
Termination. We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
Force Majeure. We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
General. If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.
Free Phone 0800 634 48 45 or 01424 870077
Blackbrooks Garden Centre, Main A21, Seddlescombe, East Sussex TN33 0RJ
