• Who we are. We are H2O Leisure Limited a company registered in England and Wales. Our company registration number is 03083642 and our registered office is at The Station House, 15 Station Road, St Ives, Cambridgeshire, United Kingdom, PE27 5BH. Our registered VAT number is 576898458.
    • How to contact us. You can contact us by telephoning our Customer Service Team at 01476 978137 or by writing to us at info@h2olesiuregroup.com.
    • How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in the Contract Details.
    • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
    • Ordering process. If you wish to purchase Products or Services from us, you must submit a request to purchase the agreed Products and/or Services and we will provide a quote. You must confirm the quote and we will send you the full Contract reflecting the agreed terms for you to read and sign electronically. Any quotation given by us to you is only valid for a period of 20 days from its date of issue.
    • When the Contract is made. The Contract is made the moment that the Contract Details are signed by you.
    • Purchasing Products and Services. We agree to sell and you agree to buy the Product(s) and any Services described in the Contract Details on an “AS IS” basis in accordance with this Contract.
    • “AS IS” means that each of the Products is sold as you see it, in its existing state and condition and you take delivery of the Product in that state and condition.
    • Inventory details do not constitute a Product or Service specification. The Inventory only lists the items comprised within the sale. It is not intended to be a Product or Service specification or contractual description of that Product or Service.
    • Product description and condition. You must satisfy yourself as to the type and description of the Product/Service and, if pre-owned, its condition.
  1. Cancelling a Product Order
    • You may only cancel an order for Products if the products are not customised and have not been shipped. If you cancel an order for new or pre-owned Products before they are shipped, we will retain your deposit and reserve the right to charge a fee of up to 20% of the Contract Price to reflect our losses and costs in restocking the Product.
    • You may not cancel an order for customised Products. Due to the nature of customised Products, you are not permitted to cancel for such Products. You may request modifications in accordance with clause 6, however we are not obliged to accept a request if it is not possible.
    • We may cancel an order for Products for any reason. In certain circumstances, we may need to cancel an order (for example, if the products are no longer available or for a reason outside of our control). If we need to cancel we will let you know and refund you any pre-paid Deposit.
  1. Your right to cancel Services
    • You may end the Contract if we break it. You may end the Contract for Services at any time by writing to us if:
      • we commit a material breach of our obligations under the Contract and we fail to remedy that breach within 30 days after you notifying us in writing of the issue;
      • we take any step or action in connection with entering administration, provisional liquidation or any composition or arrangement with our creditors, obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), or have a receiver appointed to any of our assets;
      • we threaten to suspend, or cease or threaten to cease to carry on all or a substantial part of our business; or
      • our financial position deteriorates so far as to reasonably justify the opinion that our ability to give effect to the Contract is in jeopardy.
    • You have no other rights to cancel Services except as set out in clause 1 above.
  1. Our Right to CANCEL Services
    • We may end the Contract if you break it. We may end the Contract for Services at any time by writing to you if:
      • you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;
      • 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;
      • you do not, within a reasonable time, allow us to deliver the Products to you or (if applicable) collect them from us, we will treat your order as cancelled and refund you the Contract Price (unless the Product is customised or made to your specification);
      • you do not, within a reasonable time, allow us access to your premises to supply the Services (if applicable);
      • you commit a material breach of your obligations under the Contract and you fail to remedy that breach within 30 days after we notify you in writing of the issue;
      • you take any step or action in connection with entering administration, provisional liquidation or any composition or arrangement with your creditors, obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), or have a receiver appointed to any of your assets;
      • you threaten to suspend, or cease or threaten to cease to carry on all or a substantial part of your business; or
      • your financial position deteriorates so far as to reasonably justify the opinion that your ability to give effect to the Contract is in jeopardy.
    • You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 1 above, or you cancel the Contract after the Contract Details are signed, you must immediately pay us all outstanding sums due under our unpaid invoices and interest and, in respect of the Products we have provided and the Services we have supplied but not yet submitted an invoice, we will submit an invoice, which shall be payable by you immediately on receipt. If no Products have been provided, you will lose your Deposit.
    • Changes to the Product/Services. If you wish to make a change to the Product/Services that you have ordered, please contact us as soon as possible before delivery of the Product/Services. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the Contract Price, the timing of delivery or supply or anything else which would be necessary as a result of your requested change.
    • Our right to decline requests to changes. We may decline to make any modification or changes that you request after signing this Contract.
    • Our agreement to changes. If we agree to make modifications or changes which involve us providing additional work, parts, or Services, we will provide you with an estimate of any increase in the Contract Price and the basis on which it is calculated. If we both agree to the modification, you shall pay us 50% (one half) of the estimated price increase at the time that the modifications are agreed with the balance of the price payable on the date we notify to you (which is usually immediately prior to delivery of the Product/Services).
    • Any changes must be agreed in writing. No modifications or changes to the Product/Services shall be binding unless they have been set out in writing and signed by both you and us or an authorised representative.
    • We reserve the right to change the Contract Price. The Contract Price is set out in the Contract Details and may be adjusted in accordance with these Conditions (for example, if there are increases in taxes or levies or import and export charges). We may increase the Contract Price on written notice to you in the circumstances described in this clause 7.
    • VAT is applicable on Products and Services. You shall be responsible for the payment of any VAT on the Contract Price where applicable.
    • Paying in different currencies. Where you wish to make any payments in a different currency to that specified in the Contract Details, you may do this subject to our agreement, with the exchange calculated at the spot rate for the day the payment is made, and subject to a 1% administration fee for handling the transaction.
    • Part exchanging. Where you provide a part exchange Product, the Contract Price shall be subject to us confirming upon collection or delivery of the part-exchange Product that the specification and description of condition provided by you is accurate.
    • You must make all payments on time. Time for payment of the Contract Price must be made in full and cleared funds to the account nominated by us on the due date set out in the Contract Details.
    • Invoicing errors. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved but once resolved, we will charge you interest on correctly invoiced sums from the original due date.
    • You must sign an Acceptance Note to confirm acceptance of a Product on delivery. You shall be responsible for the Product immediately upon signature by you of the Acceptance Note.
    • When you will own the Products. Ownership of the Product will pass to you when we have received payment in full of the Contract Price and you have signed the Acceptance Note. We will also provide you with all relevant documentation associated with the Product. The Product will be your responsibility from the time we deliver it to the Delivery Location in accordance with clause 15
    • If you are late in making a payment, we may:
      • Suspend delivery or supply of the Product/Services. If you do not pay us when you are supposed to and you fail to make payment within 7 days of us reminding you that payment is due, we may suspend delivery/supply of the Product/Services until you have paid all outstanding amounts.
      • Charge interest on late payments. If you fail to pay any amount when due interest shall be payable on any overdue amount at a rate equal to the Bank of England Base Rate + 8%.
      • Charge a fee for storing and maintaining the Product. Any Product held in our possession following its scheduled delivery date shall also be subject to a charge of 1% of the Contract Price per month to cover the costs of storage, insurance and maintenance.
      • If any payment remains outstanding 30 days after its due date, then we may, at our option, choose to terminate this Contract and retain any Deposit paid.
    • You may be liable to pay us compensation if we terminate due to late payment. If we terminate under clause 1.4 , we may claim reasonable compensation from you for any losses which we have sustained as a result of the delay in payment (for example, Products which we cannot resell because they are customised). We may retain an amount of the Deposit already paid.
  1. DELIVERY of Products
    • Delivery of the Product(s) will be made at the Delivery Location. The Delivery Location is shown in the Contract Details, and you should check that this is correct and notify us of any errors as soon as possible as we cannot guarantee that we can change the Delivery Location if the Product is already shipped.
    • Shipping costs are estimates only. The costs of shipping and delivery in the Contract Details are an estimate and the actual amount, if different, will be as notified to you as soon as reasonably possible thereafter. We will deliver the Product as soon as reasonably possible.
    • Delivery dates are estimates only. We use all reasonable endeavours to meet any date for delivery but any delivery date given by us is an estimate and we cannot guarantee any delivery will be made on time.
    • We aren’t responsible for delays outside of our control. If we are delayed by an event outside our control which affects your order, or there is going to be a delay caused by the fitting of extras, making modifications to the Product or by delays in road or sea delivery, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
    • Boat deliveries. Where the Product is a boat, we shall not be responsible for investigating or otherwise ensuring that you are competent and experienced in the proper control and navigation of the Boat. A list of boat handling and training establishments is available from the Royal Yachting Association.
    • You have the benefit of any manufacturer’s guarantee or warranty. We will pass on to you the benefit of any manufacturer warranty or guarantee relating to the Product. Any such warranties will be subject to you adhering to any maintenance or other requirements stipulated by the relevant manufacturers.
    • Repairs under manufacturer’s guarantee or warranty. Any repairs that fall under a guarantee or warranty will normally require the Product to be returned to the maintenance location specified by the manufacturer or us. Please check the guarantee or warranty conditions in the Contract Details.
    • No further warranty. We do not provide any further warranties in respect of the Products outside of the manufacturer’s guarantee or warranty. The terms implied by sections 13 to 15 of the Sales of Goods Act 1979 are, to the fullest extent permitted by law, excluded from this Contract.
    • If you think there is something wrong with your Product, you must contact our Customer Service Team within 14 days after discovering the defect. We honour our legal duty to provide you with Products that are as described to you in the Contract Details (or on our website) and that meet all the requirements imposed by law, however some issues may be due to the manufacture of the Product, in which case we will let you know the next steps in contacting the manufacturer.
    • We shall use reasonable endeavours to:
      • supply the Services in accordance with this Contract in all material respects; and
      • meet any performance dates specified in the Contract Details but any such dates shall be estimates only and time for performance by us shall not be of the essence of this Contract;
    • You shall:
      • co-operate with us in all matters relating to the Services;
      • if required, provide, us, our agents, subcontractors, consultants and employees, in a timely manner and at no charge, access to your premises, office accommodation, data and other facilities in order to provide the Services; and
      • if required, provide us in a timely manner all documents, information, items and materials in any form (whether owned by you or third party) as set out in the Contract Details or otherwise reasonably required by us in connection with the Services and ensure that they are accurate and complete.
    • Delay in our performance. If our performance of our obligations under this Contract is prevented or delayed by any act or omission of you, your agents, subcontractors, consultants or employees, then, without prejudice to any other right or remedy it may have, we shall be allowed an extension of time to perform our obligations equal to the delay caused by you.
    • Background intellectual property rights. Any intellectual property rights owned by you or us prior to the date of this Contract shall remain owned by either you or us, as applicable.
    • Intellectual property rights created under this Contract. If any intellectual property rights are created under this Contract in the provision of the Services, we shall retain ownership of such intellectual property rights but shall grant to you a fully paid-up, worldwide, non-exclusive, non-sublicensable, royalty- licence during the term of this Contract to use such intellectual property rights for the purpose of receiving and using the Services in your business.
    • Your materials. You grant to us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify your materials for the term of this Contract for the purpose of providing the Services to you.
    • Warranty of any materials You warrant that the receipt and use of any materials you provide to us under this Contract shall not infringe the intellectual property rights of any third party.
    • You shall indemnify us in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with any claim brought against us, our agents, subcontractors or consultants for actual or alleged infringement of a third party’s intellectual property rights arising out of, or in connection with, the receipt or use of your materials in the performance of this Contract.
    • Our confidentiality obligations to each other. We both must not disclose to any person any of each other’s confidential information concerning the other party’s business, assets, affairs, customers, clients or suppliers, except as permitted by clause 2.
    • Permitted disclosure. We both may disclose the other party’s confidential information:
      • to our employees, officers, representatives, contractors or subcontracts or advisers who need to know the information for the purposes of exercising our rights or carrying out obligations under the Contract. If you or we disclose any such confidential information to employees, officers, representatives or advisers, you or we must ensure that they comply with this clause; and
      • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    • Insuring Products. We shall keep the Product insured for its market value from the Contract Date until the date of delivery. After delivery at the Delivery Location, you are responsible for appropriately insuring the Products against damage.
    • Damaged Products. In the event that the Product sustains damage at any time before delivery, any monies received in respect of the insurance shall be applied by us in making good the damage in a reasonable and workmanlike manner and the delivery date shall be extended by such period as shall be reasonably necessary to undertake the necessary repairs. You shall not be entitled to reject the Product on account of Minor Damage or to make any claim in respect of any resultant depreciation.
    • Minor Damage. “Minor Damage” means damage which is not structural, and which can be fully reinstated for a cost not exceeding 10% of the Contract Price.
    • Liability which cannot legally be limited. Nothing in this Contract will exclude our liability to you for:
      • death or personal injury caused by our negligence; or
      • our fraud or fraudulent misrepresentation.
    • Our liability cap. Except as stated in clause 1, if we breach any term of this Contract, the total aggregate amount that we will be liable to you will be capped at the amount of the Contract Price.
    • Types of loss excluded from this Contract. We will not be liable, in contract, tort (including, without limitation, negligence) pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise in connection with this Contract for:
      • any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated saving);
      • any loss of goodwill or reputation; or
      • any special or indirect loss, suffered or incurred by you in connection with this Contract.
    • We may transfer this Contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
    • We use your personal data as set out in our Privacy Policy. How we use any personal data you give us is set out in our Privacy Policy.
    • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • Nobody else has any rights under this Contract. Except as stated in clause 1 this Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.
    • This Contract forms the entire agreement between us. You must not rely on any statement, representation, assurance or warranty that is not set out in this Contract.
    • If a court finds part of this Contract illegal, the rest will continue in force. 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.
    • Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we 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. For example, if you miss a payment and we do not chase you, but we continue to provide the Products, we can still require you to make the payment at a later date.
    • Which laws apply to this Contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Products or Services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
    • Complaints handling and disputes. The contact information for our Customer Service Team can be found on our website. We will do our best to resolve any problems you have with us. If you have contacted us with a complaint and you haven’t heard from us as soon as you would like, please rest assured that your complaint is being dealt with by our Customer Service Team who will respond to you as soon as possible. We use the British Marine Federation as a mediator in the first instance if there is a dispute in relation to a Product that is a boat.