Terms & Conditions

These terms and conditions form the basis on which you can visit us and our website.  Please read them carefully as they contain important information.

General terms and conditions

This site The Wooden Pool Store is owned and operated by HeatPumps4Pools Ltd of Unit 3, Sovereign Business Park, Cranes Farm Road, Basildon, Essex, SS14 3JD. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at enquiries@thewoodenpoolstore.co.uk or on +44 1268 206560

1.                   The contract between us

We must receive payment of the whole of the price for the goods that you order before your order can be accepted and dispatched. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.

2.            Acknowledgement of your order

To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.

3.            Ownership of rights

All rights, including copyright, in this website are owned by or licensed to HeatPumps4Pools Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

4.            Accuracy of content

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.

5.            Damage to your computer

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

6.            Availability

All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.

7.            Ordering errors

You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.

8.            Price

The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.

Prices may be changed at any time and are subject to fluctuations in the dollar and euro exchange rates

Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.

9.            Payment terms

We will take payment upon receipt of your order from your credit, debit card or by bank transfer (BACS). We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.

10.          Delivery charges

Delivery charges vary according to the type of goods ordered. Most of our items have free delivery to a UK address. Delivery to countries outside the UK generally incur a separate shipping cost.

11.          Delivery

11.1        Our delivery charges are set out Here on our website.

11.2        You will be required to pay extra for delivery to non UK countries, Northern Ireland and Scotland and it might not be possible for us to deliver to some locations.

11.3        We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. All deliveries normally require a signature and goods cannot be left without a signature. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.

11.4      Wooden pools are normally delivered on a large high sided lorry. The driver will normally call in advance of the delivery to advise you of the date of the delivery. The customer must have sufficient manpower (4-5 people recommended) to unload the individual pieces of wood from the lorry when the delivery arrives. The driver will wait a reasonable amount of time while the customer unloads the delivery.

11.5       We do not offer a forklift truck delivery service for wooden pools and it is the customer’s responsibility to unload the individual pieces in a reasonable time frame while the driver waits. Please contact us at the time of delivery if there are any problems.

11.6        You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

11.7       Heat pumps and wooden pools will only be delivered to the entrance of the customer’s driveway or to the kerbside. The customer is responsible for moving the items further into the property and into to the desired position in the garden. As pump trucks are normally used, couriers are not able to move goods over gravel driveways

11.8        On taking delivery of your goods, you must unpack the goods, remove all packaging and check for any signs of damage while the courier’s driver is still present. If any damage is found, then the delivery note must be signed as “damaged”. If the goods have not been checked, then the delivery note should be signed as “unchecked”. If the goods are signed for as in good condition, or no damage is recorded, then no claim can be made against the courier for damage that is subsequently found and a replacement product or compensation will not be supplied by us.

11.9        You agree to open all boxes carefully and thoroughly check the goods for damage on the day of delivery as per the previous term. You must also notify us of any damage within 2 days of the delivery. If we are not notified of damage within 2 days we may be unable to claim from the carrier. You agree to indemnify us in full for any losses we suffer as a result of your failure to notify us within 2 days or for failing to inspect goods at the point of delivery.

11.10        We use a variety of different courier companies to deliver our goods. We cannot be held responsible for failed delivery dates by our chosen couriers.

11.11     Any specific requested delivery dates or delivery instructions will be passed on to our couriers, however these requests are best endeavours and cannot be guaranteed. We cannot be held liable for the performance of the courier companies

11.12     Almost all of our deliveries will require a signature from the recipient. Should the customer not be in to sign for the goods, then the goods may be returned to us and a failed delivery charge may be made to us by the courier and this will be recharged to the customer

11.13     The customer hereby agrees to pay any failed delivery charges resulting from the customer failing to be available to receive the delivery

11.14  Please inform us in advance if your property has restricted access for large vehicles. Additional shipping charges may apply if the equipment or pool need to be transferred onto smaller dedicated vehicles for delivery

12.          Risk and ownership

Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier, then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.

13.          Cancellation rights

13.1        Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

13.2        Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us by any other clear statement.

13.3        You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order). Please note that our wooden pools are not held in stock and are made to order and are therefore bespoke. Each wooden pool kit is assembled specifically according to the individual customer’s requirements, size and optional items and therefore are classed as bespoke products.

13.4        If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

13.5       At our discretion we may accept goods returned to us outside of the 14 days, but no more than 28 days from the date of purchase, but these goods will be subject to a 25% + VAT restocking charge, subject to the condition of the returned goods. The customer will also be responsible for the shipping cost to return the goods to us and the original shipping cost will not be refunded.

13.6        Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.

13.7        We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example damage to the goods, damaged or missing packaging or missing parts)

13.8       If you cancel your order, you must ensure that the goods are adequately packaged and insured to protect against damage during transit. We reserve the right to make a deduction from any refund or not to provide a refund at all if goods are received back in a damaged or non-saleable condition

14.          Cancellation by us

14.1        We reserve the right not to process your order if:

14.1.1    We have insufficient stock to deliver the goods you have ordered;

14.1.2    We do not deliver to your area or country; or

14.1.3    One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

14.2        If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.

15.          If there is a problem with the goods

15.1        If you have any questions or complaints about the goods please contact us.  You can do so at enquiries@thewoodenpoolstore.co.uk or +44 1268 206560.

15.2        We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).

15.3        If you wish to exercise your legal rights to reject goods which do not conform with the Act you must either return them in person to where you bought them, post them back to us, or (if they are not suitable for posting) or allow us to collect them from you.  We will pay the cost of postage or collection.

16.          Liability

16.1        Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.

16.2        We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions.  We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

16.3        Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues, lost rental income or business interruption. We also do not accept any liability for the death or damage to fish or other livestock.

16.4        You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site.  The importation or exportation of certain of our goods to you may be prohibited by certain national laws.  We make no representation and accept no liability in respect of the export or import of the goods you purchase.

16.5        Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.   You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.

17.          Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at The Wooden Pool Store, Rosemary Lodge, Church Road, Ramsden Bellhouse, Essex, CM11 1RT and all notices from us to you will be displayed on our website from time to time.

18.          Changes to legal notices

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

19.          Law, jurisdiction and language

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

20.          Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

21.          Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

22.          Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

23.          Installation of Equipment

23.1        All products must be installed and used in accordance with the manufacturer’s instructions in order for the warranty to be valid

23.2        All electrical work must be carried out by a qualified electrician

23.3        The customer must ensure that their electrical supply and pool pump flow rate is adequate and suitable for the heat pump purchased, otherwise a refund may not be given and/or re-stocking charges of 25% + VAT will apply. The customer will also be responsible for the shipping cost to return the goods to us.

23.4        The customer must ensure that the unit ordered is suitable for their pool in terms of electrical rating and heat output. Any advice given by us on the sizing of units is given as guidance only and the customer is ultimately responsible for ordering the correct product.

23.5        The customer must protect heat pumps from damage by frost or freezing by draining the heat pump down or keeping the pool circulation pump running during cold weather in accordance with the manufacturer’s instructions. Damage caused by freezing is not covered by the manufacturer’s warranty.

23.6        The customer is responsible for checking and obtaining planning permission for a heat pump (if it is required).

24.          Heat Pump Sizing

Any advice given by us on the sizing of a heat pump is based on the manufacturer’s specifications and rated output. We will not be responsible for guaranteeing that a heat pump will match the manufacturer’s specifications and rating.

25.          Koi Ponds

25.1        The output of heat pumps will vary according to the air temperature. The rating of heat pumps is based on the manufacturer’s product specifications. HeatPumps4Pools will not be liable for guaranteeing that the output is as per the manufacturer’s specifications

25.2        A backup heat source should also be installed alongside a heat pump by the pond owner to provide additional heat in the case of failure of the heat pump and in very cold weather conditions.

25.3        HeatPumps4Pools will not be liable for the death or injury to fish caused by failure or malfunction of a heat pump or heater supplied by us

25.4        If the customer purchases a cover for a koi pond to be floated on the water surface, then the customer is responsible for checking that this will not be detrimental to the health of the fish. We will not be responsible for any harm or death of fish as a result.

26.          Warranty and Repairs

26.1        If the cause of a reported fault is found to be due to incorrect installation or operation by the customer, then we reserve the right to charge the customer for the cost of any investigation work, call-out charges, travel costs and parts used to repair the fault

26.2        The relevant manufacturer’s warranty conditions will also apply and should be read in conjunction with these terms

26.3        Should a fault arise with a heat pump under the warranty period, then we will take our best endeavours to resolve the problem within a reasonable time frame. This may include telephone advice, sending spare parts for the customer to install, sending an engineer to site, or replacing the complete heat pump depending on the circumstances.

26.4        We may ask that the defective unit is returned to us whereby it will be inspected, repaired if possible and returned to the customer. The customer is responsible for the cost of returning the defective item to us. If a fault is found which is covered under the warranty, then transport charges may then be reimbursed to the customer.

26.5        If it is decided to replace the heat pump on site, the customer must disconnect and pack the old heat pump in suitable packaging to prevent damage during transit. A replacement heat pump will then be delivered and the old unit collected at a later date. Should the customer fail to return the faulty items, then the cost of the goods will be invoiced to the customer and payment will become due.

26.5        If a heat pump or goods are returned to us, they must be suitably packed to prevent damage during transit.

26.7        Should the customer not adequately pack the defective unit being returned and damage occurs during transit as a result, then we reserve the right to charge the customer for the cost to repair the damage for a deduction for the damage or for the complete cost of the unit if it is damaged beyond economic repair

26.8        The heat pump warranty does not include the cost for labour or parts for swapping over and installing the replacement heat pump if a replacement unit is supplied.

27.          Spare Parts

27.1        Spare parts are supplied on a non-returnable basis unless they are faulty or misdescribed.

27.2        If the customer suspects that a spare part which we have supplied is faulty, then the customer should purchase another part and return the original part to us at their cost.

27.3        The returned part will then be inspected and tested. If a fault is found, then a refund will be given. If no fault is found, then no refund will be given

27.4        Any telephone advice which we give as to the parts required to rectify a problem with a heat pump is given on a best endeavours basis without us being able to phsycally inspect the heat pump or item at the customer’s site.

The fault diagnosis and final selection of parts required and ordered remains the ultimate responsibility of the customer

27.5        Spare parts must be installed by suitably qualified and experienced engineers

PRIVACY STATEMENT

The Wooden Pool Store are committed to respecting and protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with.  The purpose of this statement is to set out how we use any personal information that we may obtain from you.

Data Protection Act 1998 (‘the Act’)

We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data.

Use and collection of personal information

In general you can visit our website without telling us who you are and without revealing any information about yourself.  If, however, you use our site you will need to register and you will be asked to provide certain information such as your contact details.  We will store this data and hold it on computer or otherwise.

We may use information that you provide:

• To register you with our website and to administer it.
• For assessment and analysis, e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.

If you do not want us to use data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.

We may disclose your personal information to third parties:

• In the event we sell or buy any business or assets, in which case we might disclose your personal data to the prospective buyer or seller.
• If we are under a legal duty to disclose or share your personal data in order to comply with or meet any legal obligation.

Cookies

We collect information directly from you in a number of ways.  One way is through our use of ‘cookies’.  Most websites use cookies in order to make them work, or to work more efficiently, as well as to provide information to the owners of the website.  They help us to understand how our customers and potential customers use our website so we can develop and improve the design, layout, content and function of the site.  Cookies are small text files that are placed on your computer’s hard drive by websites that you visit.  They save and retrieve pieces of information about your visit to the website – for example, how you entered the site, how you navigated through the site and what information and documentation was of interest to you.  This means that when you go back to a website, it can give you tailored options based on the information it has stored about you on your last visit.

Some of our cookies are used to simply collect information about how visitors use our website and these types of cookies collect the information in an anonymous form.

Where there is a login process relating to buying products or services from us we also use cookies to store personal registration information so that you do not have to provide it to us again on subsequent visits.

The rules about cookies on websites have recently changed.  If you are uncomfortable with the use of cookies, you can disable cookies on your computer by changing the settings in the preferences or options menu in your browser.  You can set your browser to reject or block cookies or to tell you when a website tries to put a cookie on your computer.  You can also delete any cookies that are already stored on your computer’s hard drive.  However, please be aware that if you do delete and block all cookies from our website, parts of the site will not then work.  This is because some of the cookies we use are essential for parts of our website to operate.  Likewise, you may not be able to use some products and services on other websites without cookies.

To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

If you do not wish to accept cookies from our website, please leave this site immediately and then delete and block all cookies from this site.  Alternatively, you may opt out of receiving information from us by e-mail, telephone, fax or post.  Our phone number is +44 1268 206560, or you can e-mail us on enquiries@thewoodenpoolstore.co.uk.

Security

We endeavour to take all reasonable steps to protect your personal information.  However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.

Your rights

You have the right to ask us not to process your personal data for marketing purposes.  We will aim to inform you before collecting your data if we intend to use your data for such purposes or we intend to disclose your information to any third party for such purpose.  You can exercise your right to prevent this happening by checking certain boxes on the forms we use to collect your data.

General

You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10.  Any request should be sent to:

The Data Controller,

The Wooden Pool Store
Unit 5, Radford Business Centre, Radford Crescent, Billericay, Essex, CM12 0DP

Telephone: 01268-206560

email: enquiries@thewoodenpoolstore.co.uk

Company registration no: 7662022

VAT No 114 3502 61

CANCELLATION FORM

To The Wooden Pool Store of Unit 5, Radford Business Centre, Radford Crescent, Billericay, Essex, CM12 0DP

I/We* hereby give you notice that I/We* cancel my/our* contract for the sale of the following goods*/for the supply of the following service*:

Ordered on*/Received on*:        ……………………………………………….

Name of consumer(s):                   ……………………………………………….

Address of consumer(s):               ……………………………………………….

……………………………………………….

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

Date:                                                     ……………………………………………….

*Delete as appropriate