1. THESE CONDITIONS
    • 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.
  2. OUR CONTRACT WITH YOU
    • 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 in hard copy or electronically.
    • 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. YOUR RIGHT TO CHANGE YOUR MIND
    • Your legal right to change your mind. For most of our Products bought online, or by mail order, you have a legal right to change your mind about your purchase during a Cooling-off Period (as defined below) and receive a refund of what you paid for it, excluding return costs. This is subject to some conditions, as set out in clause 3 below.
    • Duration of the “Cooling-off Period”.
      • Product purchases. If the right to change your mind applies, it will run out 14 days from the day after you receive the Product.
      • The end date to change your mind for the Services element is 14 days after the day on which the Contract was signed.
    • When does the right apply?
      • New Products or Products held in stock. During the Cooling-off Period, you can change your mind and cancel the Contract, and receive a refund, minus a deduction as we see fit for any evidence of use in accordance with clause 2 and any fair and proportionate costs we incur as a result of restocking the Product (up to 20% of the Contract Price).
      • Pre-owned Products. During the Cooling-off Period, you can change your mind and cancel the Contract and receive a refund minus a deduction as we see fit for any evidence of use in accordance with clause 2 and any fair and proportionate costs we incur as a result of restocking the Product (up to 20% of the Contract Price).
      • Customised Products. You cannot change your mind about Products that are customised to your specifications or clearly personalised. You can still cancel your order prior to delivery and subject to certain conditions (see clause 2).
      • You must pay for Services you received before you changed your mind. If you bought Services, we don’t refund you for the time you were receiving it before you told us you’d changed your mind.
    • Cancellation Notice. You must send to us a notice of cancellation (“Cancellation Notice“) in order to cancel the Contract. Cancellation Notices must be provided to us at info@h2oleisuregroup.com
    • You must return the Product at your own cost. You must return a Product to us or arrange a collection within 14 days of your telling us you have changed your mind. Returns/ collections are at your own cost. If you arrange your own return using an established delivery service, you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the Product at all or within a reasonable time we won’t refund you the Contract Price.
  1. YOUR OTHER CANCELLATION RIGHTS
    • For new Products, Products held in stock or pre-owned Products. Following signature of the Contact you shall have the right to cancel your order at any time prior to delivery but you will lose any pre-paid Deposit and you will be responsible for paying a restocking fee equal to 20% of the Contract Price, reflecting our losses.
    • For customised Products. Following signature of the Contact you shall have the right to cancel your order at any time prior to delivery but you will lose any pre-paid Deposit and you will be responsible for paying a restocking fee equal to 20% of the Contract Price, reflecting our losses. Once the Product has been delivered, you do not have a right to cancel (this does not affect your statutory rights if the Product is faulty).
    • For Services. You may cancel any ongoing Services or Services not yet performed at any time, however you must pay for any Services already received.
  1. Our Right to CANCEL
    • We may end the Contract if you break it. We may end the Contract for a Product 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); or
      • you do not, within a reasonable time, allow us access to your premises to supply the Services (if applicable).
    • You must compensate us if you break the Contract. If we end the Contract in the situations set out above, we will retain any deposit or money you have paid in advance for Products we have not provided and we may claim 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). The compensation may reflect the entire Contract Price if we cannot resell, and we may also retain an amount of the Deposit already paid.
  1. Your Rights to a Refund
    • We only refund standard delivery costs. We don’t refund any extra you have paid for express delivery or delivery at a particular time.
    • We reduce your refund if you have used or damaged or excessively mishandled a Product. If you mishandle a Product, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the Product’s condition is not “as new”, or if it is in any way damaged or parts are missing. In some cases, because of the way you have treated the Product, no refund may be due. Our Customer Service Team can advise you on whether we’re likely to reduce your refund.
    • When and how we refund you. If you have ordered a Product or Services that haven’t been delivered or performed yet or that we’re collecting from you, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. If you are sending the Product back to us, we refund you within 14 days of receiving it back from you (or receiving evidence you’ve sent them to us). We refund you by the method you used for payment.
  1. MODIFICATIONS AND CHANGES TO THE PRODUCTs/SERVICEs
    • Your right to request 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. 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 and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (see Your Right to Cancel).
    • 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.
  1. CONTRACT PRICE, PAYMENT AND PART EXCHANGING
    • You are responsible for shipping costs. 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.
    • VAT is applicable on Products. You shall be responsible for the payment of any VAT on the Contract Price where applicable.
    • We pass on any increases in VAT or shipping costs to you. 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 or if the shipping costs increase, which we pass on to you) on written notice to you. If we need to increase the Contract Price due to the circumstances described in this clause 3 we will let you know.
    • 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.
  1. OWNERSHIP OF THE pRODUCTS
    • 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 13
  1. CONSEQUENCES OF LATE PAYMENT
    • 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% to reflect the loss we would incur as a result of such delay.
      • 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.
      • Terminate the Contract. 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. See clause 2 for further details.
  1. DELIVERY
    • Delivery 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.
    • 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.
  1. MANUFACTURER GUARANTEES AND WARRANTIES
    • 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.
  1. INSURANCE
    • 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. Where the damage is not Minor Damage, you may reject the Product and receive a full refund of the amount of the Deposit and any other advance payments which you have made towards the Product. This Contract will then terminate in all respects as if it had been duly completed and you shall have no further right to claim against us.
  1. YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR PRODUCT
    • If you think there is something wrong with your Product, you must contact our Customer Service Team. We honour our legal duty to provide you with Products that are as described to you 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. Your legal rights are subject to certain exceptions.
  1. OTHER IMPORTANT LEGAL TERMS
    • 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. If you are unhappy, you may contact us to end the Contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for Products not provided.
    • 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 (except that you can always transfer any guarantee or enhanced warranty you purchase). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at clause 1. to a person who has acquired the Product or, where the Product is Services, any item or property in respect of which we have provided the Services.
    • 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.
    • 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 their 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.