Conditions of Use / Terms and Conditions
Terms & Conditions
We are Crystal Enterprises Ltd
Company registration no: 7590185
VAT Reg. No. GB934246425
Trading as :-
Cheshire Luxury Pools
Manchester Luxury Pools
Crystal Heat Pumps
Crystal Hot Tubs
Crystalclear Pond
Crystal Networks
Our Registered Trading Address is:-
Hamilton Lodge
58 Queens Road
Chadderton
Oldham
OL9 9HU
Tel: 0800 050 2900
These terms and conditions form the basis on which you can order, visit us and use our website.
Please read them carefully as they contain important information.
General terms and conditions
ABUSIVE CUSTOMERS
Here at Crystal Enterprises Ltd, we have a ZERO tolerance policy with regards to abusive customers. These customers will be dealt with in the swiftest and severest possible way. We are not here to be abused and will do our best to help in any situation be it in working hours or in our own down time. Our actions can range from a warning, withdrawing our cooperation or help totally, barring all calls from customers, just adhering to 9am to 4pm business hours or dealing with the issue when the client has calmed down the next trading day, not including a weekend.
Goods
Goods from other suppliers will be governed by their Warranties, terms and conditions applicable to each product.
Payment
Payment can be via Square, Credit Card, Bacs, Cheque or Cash (in person).
Delivery
We will deliver the goods to the address you specify for delivery on your order. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions, checked and signed for as, "Received in good condition". 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. 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. Heat pumps and heavy equipment will be delivered to the customer's driveway or most accessible point, whichever the driver /courier deems fit. The customer is responsible for moving the unit to the desired position near the pool or pond. 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 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. 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, accompanied by photos, within 2 days of the delivery. If we are not notified of damage within 2 days we will 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. 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. 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. The customer, whether Trade or Retail, hereby agrees to pay any failed delivery charges resulting from the customer failing to be available to receive the delivery.
Deliveries Requiring Lifting Equipment
If lifting equipment of any kind is required, this is the responsibility of the customer to organise a suitable crane or lifting equipment.
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. Any self collections by Trade or Retail customers, then the risk passes to you as soon as the goods are handed to you upon collection.
Cancellation rights
http://www.legislation.gov.uk/uksi/2013/3134/contents/made
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. 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. You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order). 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. 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 20% + 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. Once you have notified us that you are cancelling your contract, and we have received the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days. 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). 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.
Cancellation by us
We reserve the right not to process your order if: We have insufficient stock to deliver the goods you have ordered; We do not deliver to your area or country; or 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. 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.
If there is a problem with the goods
If you have any questions or complaints about the goods please contact us. You can do so at sales@cheshireluxurypools.co.uk or 0800 050 2900. 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). 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), allow us to collect them from you. We will pay the cost of postage or collection.
Liability
All manufacturers specifications are relied on by us and passed onto the end user in good faith by us. 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. 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. We will not be liable, nor provide any compensation for the loss of use of a swimming pool due to the failure of equipment supplied or caused by the delay of delivery, or caused by a product being out of stock. We do not accept any liability for any consequential losses relating to the use of our heat pumps and any equipment sold. 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. 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 miss described goods.
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 Cheshire Luxury Pools, Hamilton Lodge, 58 Queens Road, Chadderton, Oldham, OL9 9HU.
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.
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.
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.
Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
Warranties
All warranties are non-transferrable unless otherwise stated.
1. Installation of Equipment
1a. All products must be installed and used in accordance with the manufacturer's instructions in order for the warranty to be valid.
1b. Warranty initial registration document must be returned within 30 days of purchase, completion of the rest of the document after installation, with photos including a photo from 20ft away from the unit, so the installation of the heat pump installation can be seen, confirming positioning and connection complies with manufacturer's instructions. Also photos of fuse box and board must be supplied. Any failure to comply will null and void any future warranty claims. An acknowledgement will be returned confirming our receipt of this paperwork etc. If you do not receive an acknowledgement from us, then we have not received the paperwork etc , the warranty will not have been validated therefore the warranty will be void. Photo`s of ANY heat pump unit re-siting MUST also be sent to us to once again Validate the Warranty, otherwise the Warranty will be void.
1c. All electrical work must be carried out by a qualified electrician.
1d. The customer must ensure that their electrical supply and pool pump flow rate is adequate and suitable for the heat pump purchased. The customer will be responsible for the shipping cost to return the goods to us. If the unit has been used and returned there will be a re-stocking fee of 20% of purchase price, plus vat.
1e. 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 using our previous wide, varied experience and the customer is ultimately responsible for ordering the correct product.
1f. 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. Damage caused by freezing is not covered by the Manufacturer's warranty. The customer must also prevent heavy snow fall or ice from accumulating on the top of, inside and around units.
1g. The customer is responsible for checking and obtaining planning permission for a heat pump (if it is required).
1h. We do not recommend using our heat pumps with liquid pool covers due to our past experience.
2. Heat Pump Sizing
2a. Any advice given by us on the sizing of a heat pump is based on the manufacturer's specifications, our practical experience and rated output. We will not be responsible for guaranteeing that a heat pump will match the manufacturer's specifications and rating.
2b. The output and performance figures provided by the various manufacturers are reproduced by us in good faith. We cannot be held liable for any variation between the output/performance stated by the manufacturer and any measured heat pump performance figures.
2c. We cannot accept any liability for the suitability or sizing of a heat pump where we have not provided sizing advice.
2d. The outputs of heat pumps stated on our web site are those provided by the various manufacturers and distributors. These heat pump outputs are normally the maximum outputs achievable under ideal conditions. In less than ideal conditions, the output of the heat pumps will be less and the sizing must take this into account.
3. Koi Ponds
3a. The output of heat pumps will vary according to the ambient air temperature. The rating of heat pumps is based on the manufacturer's product specifications. We will not be liable for guaranteeing that the output is as per the manufacturer's specifications.
3b. We always recommend that 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, power outages and in very cold weather conditions.
3c. We 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.
3d. If the customer purchases a cover for a Koi pond to be floated on the water surface, or any full covering, 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.
3e. Heat Pump Heat Exchanger maintenance i.e. back flushing, cleaning and inspection, must be done periodically as debris and algae can interfere with flow, performance and the correct operation of the unit.
4. Warranty and Repairs
4a. 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, labour and parts used to repair the fault.
4b. The relevant manufacturer's warranty conditions will also apply and should be read in conjunction with these terms.
4c. Should a fault arise with a heat pump under the warranty period, then we will make 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. In all circumstance we will not be liable for ANY removal or re-installation costs.
4d. 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 will then be reimbursed to the customer. Upon completion of the work all costs incumbent to the customer shall be paid within 14 days, unless stated otherwise in writing. Failure to pay invoiced costs will result in the product becoming forfeit for resale to recoup expenditure.
4e. 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. 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 immediately. All parts and accessories that have been replaced must be returned with the original unit or these will be invoiced and charged, payable immediately.
4f. If a heat pump or goods are returned to us, they must be suitably packed and secured to prevent damage during transit. Please take photos to evidence compliance. If the original packaging has not been retained please contact us for advice and instruction.
4g. 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, or a deduction for the damage or for the complete cost of the unit if it is damaged beyond economic repair.
4h. 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.
4i. The warranty covers the supply and shipping of replacement spare parts to the UK Mainland only. If spare parts are required to be sent for a heat pump outside the UK, the parts will be sent free of charge to a UK address only. If parts are to be shipped outside the UK, the customer pays the international shipping cost for the parts.
5. International Warranty
Labour may be covered internationally if the customer returns the unit to Crystal Enterprises Ltd with all international shipping costs, including return to customer paid for by the customer. If an International customer so chooses they can supply their own engineer locally at their own cost. Any parts required after diagnosis of Manufacturer fault will be supplied free but International Shipping costs and labour to be covered by the customer. As per our previously stated T&C `s, all warranties will become void by any improper installation, not following the Manufacturer`s instructions, freezing, non return of installation and warranty paperwork/photos.
6. Sale of Spare Parts
6a. Spare parts are supplied on a non-returnable basis unless they are faulty except where the item is a circuit board which are NON-Returnable.
6b. 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 physically 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
6c. Spare parts must be installed by suitably qualified and experienced engineers where necessary.
7. Winter and Summer use of Heat Pumps
7a. For Winter usage the bottom drain tube and tubing supplied should be removed to prevent a build up of ice causing a blockage and thus the condensate will not be able to escape freely.
7b. If the Heat Pump Unit is to be used over the Winter Season, you MUST raise the unit to an adequate and reasonable height from the ground, an absolute minimum of 10cms or 4 inches. This is to accommodate the condensate freely flowing away from the unit, preventing ice build up into the unit and causing any damage. This damage is not covered by the Warranty and will void ALL warranties.
Snow and snow build up should be taken into consideration too and must be kept from building up around the unit. This will choke the unit and stop the free exit of condensate amongst other bad effects, which may then affect the electrics of the unit and the fans etc. Necessary steps to protect the unit from this scenario should be taken.
It may be necessary to lift the unit on brackets and wall mount it for instance, so it is out of snow drift or high snow fall. Perhaps to build a shelter to protect the unit.
All warranties will be void if water ingress is found to be the cause of an electrical fault due to negligent usage and that the necessary steps have not been taken to protect the unit for Winter usage by the customer.
7c. For Summer usage the bottom drain tube and tubing supplied should be kept clean and free from debris if used.
7d. Failure to follow these instructions will void warranty for any parts broken or damaged.
8. Failure to Pay
Any payments that become unpaid by whatsoever method, such as Claw Backs, Returned Cheques or any other method, will also then incur Directors Time penalties for dealing with the non-payment. Any costs incurred for Debt Recovery and/or investigation will also be added to the initial debt.
PRIVACY STATEMENT
We, Cheshire Luxury Pools 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. We also comply with the GDPR (General Data Protection Regulations) 2018.
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 decide to purchase products through 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. To process your order and book couriers and deliveries to you. We may enter your email address onto the courier's web site so that they can send tracking details to you. If you would not like us to do this, please advise us at the time of purchase. To email an invoice to the customer.
We never disclose clients information to 3rd parties for marketing purposes. We only use information to complete the orders made through us. If you do not want us to use data in this way, please inform us immediately by email.
We may enter your email address into courier or Royal Mail web sites so that you can receive a tracking email.
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 or post. Our phone number is 0800 050 2900 or you can e-mail us on sales@cheshireluxurypools.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.
Payments
We do not store credit card details nor do we share customer details with any 3rd parties.
PayPal REFUNDS
Due to a change in PayPal's Refund policy i.e. PayPal keep their transaction fees even if a full refund is made therefore if the buyer decides they want to pay by PayPal then the buyer consents that if a refund is required the refund will be net of transaction charges as per PayPal's New refund policy.
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,
Crystal Enterprises Limited
Cheshire Luxury Pools
Hamilton Lodge
58 Queens Road
Chadderton
Oldham
OL9 9HU
Telephone: 0800 050 2900
email: sales@cheshireluxurypools.co.uk
Company registration no: 7590185
VAT Reg. No. GB934246425
To cancel an order please click this link to download and print the attached cancellation form. Please complete and return to us
We are Crystal Enterprises Ltd
Company registration no: 7590185
VAT Reg. No. GB934246425
Trading as :-
Cheshire Luxury Pools
Manchester Luxury Pools
Crystal Heat Pumps
Crystal Hot Tubs
Crystalclear Pond
Crystal Networks
Our Registered Trading Address is:-
Hamilton Lodge
58 Queens Road
Chadderton
Oldham
OL9 9HU
Tel: 0800 050 2900
These terms and conditions form the basis on which you can order, visit us and use our website.
Please read them carefully as they contain important information.
General terms and conditions
ABUSIVE CUSTOMERS
Here at Crystal Enterprises Ltd, we have a ZERO tolerance policy with regards to abusive customers. These customers will be dealt with in the swiftest and severest possible way. We are not here to be abused and will do our best to help in any situation be it in working hours or in our own down time. Our actions can range from a warning, withdrawing our cooperation or help totally, barring all calls from customers, just adhering to 9am to 4pm business hours or dealing with the issue when the client has calmed down the next trading day, not including a weekend.
Goods
Goods from other suppliers will be governed by their Warranties, terms and conditions applicable to each product.
Payment
Payment can be via Square, Credit Card, Bacs, Cheque or Cash (in person).
Delivery
We will deliver the goods to the address you specify for delivery on your order. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions, checked and signed for as, "Received in good condition". 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. 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. Heat pumps and heavy equipment will be delivered to the customer's driveway or most accessible point, whichever the driver /courier deems fit. The customer is responsible for moving the unit to the desired position near the pool or pond. 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 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. 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, accompanied by photos, within 2 days of the delivery. If we are not notified of damage within 2 days we will 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. 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. 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. The customer, whether Trade or Retail, hereby agrees to pay any failed delivery charges resulting from the customer failing to be available to receive the delivery.
Deliveries Requiring Lifting Equipment
If lifting equipment of any kind is required, this is the responsibility of the customer to organise a suitable crane or lifting equipment.
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. Any self collections by Trade or Retail customers, then the risk passes to you as soon as the goods are handed to you upon collection.
Cancellation rights
http://www.legislation.gov.uk/uksi/2013/3134/contents/made
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. 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. You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order). 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. 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 20% + 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. Once you have notified us that you are cancelling your contract, and we have received the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days. 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). 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.
Cancellation by us
We reserve the right not to process your order if: We have insufficient stock to deliver the goods you have ordered; We do not deliver to your area or country; or 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. 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.
If there is a problem with the goods
If you have any questions or complaints about the goods please contact us. You can do so at sales@cheshireluxurypools.co.uk or 0800 050 2900. 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). 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), allow us to collect them from you. We will pay the cost of postage or collection.
Liability
All manufacturers specifications are relied on by us and passed onto the end user in good faith by us. 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. 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. We will not be liable, nor provide any compensation for the loss of use of a swimming pool due to the failure of equipment supplied or caused by the delay of delivery, or caused by a product being out of stock. We do not accept any liability for any consequential losses relating to the use of our heat pumps and any equipment sold. 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. 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 miss described goods.
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 Cheshire Luxury Pools, Hamilton Lodge, 58 Queens Road, Chadderton, Oldham, OL9 9HU.
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.
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.
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.
Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
Warranties
All warranties are non-transferrable unless otherwise stated.
1. Installation of Equipment
1a. All products must be installed and used in accordance with the manufacturer's instructions in order for the warranty to be valid.
1b. Warranty initial registration document must be returned within 30 days of purchase, completion of the rest of the document after installation, with photos including a photo from 20ft away from the unit, so the installation of the heat pump installation can be seen, confirming positioning and connection complies with manufacturer's instructions. Also photos of fuse box and board must be supplied. Any failure to comply will null and void any future warranty claims. An acknowledgement will be returned confirming our receipt of this paperwork etc. If you do not receive an acknowledgement from us, then we have not received the paperwork etc , the warranty will not have been validated therefore the warranty will be void. Photo`s of ANY heat pump unit re-siting MUST also be sent to us to once again Validate the Warranty, otherwise the Warranty will be void.
1c. All electrical work must be carried out by a qualified electrician.
1d. The customer must ensure that their electrical supply and pool pump flow rate is adequate and suitable for the heat pump purchased. The customer will be responsible for the shipping cost to return the goods to us. If the unit has been used and returned there will be a re-stocking fee of 20% of purchase price, plus vat.
1e. 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 using our previous wide, varied experience and the customer is ultimately responsible for ordering the correct product.
1f. 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. Damage caused by freezing is not covered by the Manufacturer's warranty. The customer must also prevent heavy snow fall or ice from accumulating on the top of, inside and around units.
1g. The customer is responsible for checking and obtaining planning permission for a heat pump (if it is required).
1h. We do not recommend using our heat pumps with liquid pool covers due to our past experience.
2. Heat Pump Sizing
2a. Any advice given by us on the sizing of a heat pump is based on the manufacturer's specifications, our practical experience and rated output. We will not be responsible for guaranteeing that a heat pump will match the manufacturer's specifications and rating.
2b. The output and performance figures provided by the various manufacturers are reproduced by us in good faith. We cannot be held liable for any variation between the output/performance stated by the manufacturer and any measured heat pump performance figures.
2c. We cannot accept any liability for the suitability or sizing of a heat pump where we have not provided sizing advice.
2d. The outputs of heat pumps stated on our web site are those provided by the various manufacturers and distributors. These heat pump outputs are normally the maximum outputs achievable under ideal conditions. In less than ideal conditions, the output of the heat pumps will be less and the sizing must take this into account.
3. Koi Ponds
3a. The output of heat pumps will vary according to the ambient air temperature. The rating of heat pumps is based on the manufacturer's product specifications. We will not be liable for guaranteeing that the output is as per the manufacturer's specifications.
3b. We always recommend that 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, power outages and in very cold weather conditions.
3c. We 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.
3d. If the customer purchases a cover for a Koi pond to be floated on the water surface, or any full covering, 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.
3e. Heat Pump Heat Exchanger maintenance i.e. back flushing, cleaning and inspection, must be done periodically as debris and algae can interfere with flow, performance and the correct operation of the unit.
4. Warranty and Repairs
4a. 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, labour and parts used to repair the fault.
4b. The relevant manufacturer's warranty conditions will also apply and should be read in conjunction with these terms.
4c. Should a fault arise with a heat pump under the warranty period, then we will make 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. In all circumstance we will not be liable for ANY removal or re-installation costs.
4d. 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 will then be reimbursed to the customer. Upon completion of the work all costs incumbent to the customer shall be paid within 14 days, unless stated otherwise in writing. Failure to pay invoiced costs will result in the product becoming forfeit for resale to recoup expenditure.
4e. 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. 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 immediately. All parts and accessories that have been replaced must be returned with the original unit or these will be invoiced and charged, payable immediately.
4f. If a heat pump or goods are returned to us, they must be suitably packed and secured to prevent damage during transit. Please take photos to evidence compliance. If the original packaging has not been retained please contact us for advice and instruction.
4g. 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, or a deduction for the damage or for the complete cost of the unit if it is damaged beyond economic repair.
4h. 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.
4i. The warranty covers the supply and shipping of replacement spare parts to the UK Mainland only. If spare parts are required to be sent for a heat pump outside the UK, the parts will be sent free of charge to a UK address only. If parts are to be shipped outside the UK, the customer pays the international shipping cost for the parts.
5. International Warranty
Labour may be covered internationally if the customer returns the unit to Crystal Enterprises Ltd with all international shipping costs, including return to customer paid for by the customer. If an International customer so chooses they can supply their own engineer locally at their own cost. Any parts required after diagnosis of Manufacturer fault will be supplied free but International Shipping costs and labour to be covered by the customer. As per our previously stated T&C `s, all warranties will become void by any improper installation, not following the Manufacturer`s instructions, freezing, non return of installation and warranty paperwork/photos.
6. Sale of Spare Parts
6a. Spare parts are supplied on a non-returnable basis unless they are faulty except where the item is a circuit board which are NON-Returnable.
6b. 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 physically 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
6c. Spare parts must be installed by suitably qualified and experienced engineers where necessary.
7. Winter and Summer use of Heat Pumps
7a. For Winter usage the bottom drain tube and tubing supplied should be removed to prevent a build up of ice causing a blockage and thus the condensate will not be able to escape freely.
7b. If the Heat Pump Unit is to be used over the Winter Season, you MUST raise the unit to an adequate and reasonable height from the ground, an absolute minimum of 10cms or 4 inches. This is to accommodate the condensate freely flowing away from the unit, preventing ice build up into the unit and causing any damage. This damage is not covered by the Warranty and will void ALL warranties.
Snow and snow build up should be taken into consideration too and must be kept from building up around the unit. This will choke the unit and stop the free exit of condensate amongst other bad effects, which may then affect the electrics of the unit and the fans etc. Necessary steps to protect the unit from this scenario should be taken.
It may be necessary to lift the unit on brackets and wall mount it for instance, so it is out of snow drift or high snow fall. Perhaps to build a shelter to protect the unit.
All warranties will be void if water ingress is found to be the cause of an electrical fault due to negligent usage and that the necessary steps have not been taken to protect the unit for Winter usage by the customer.
7c. For Summer usage the bottom drain tube and tubing supplied should be kept clean and free from debris if used.
7d. Failure to follow these instructions will void warranty for any parts broken or damaged.
8. Failure to Pay
Any payments that become unpaid by whatsoever method, such as Claw Backs, Returned Cheques or any other method, will also then incur Directors Time penalties for dealing with the non-payment. Any costs incurred for Debt Recovery and/or investigation will also be added to the initial debt.
PRIVACY STATEMENT
We, Cheshire Luxury Pools 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. We also comply with the GDPR (General Data Protection Regulations) 2018.
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 decide to purchase products through 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. To process your order and book couriers and deliveries to you. We may enter your email address onto the courier's web site so that they can send tracking details to you. If you would not like us to do this, please advise us at the time of purchase. To email an invoice to the customer.
We never disclose clients information to 3rd parties for marketing purposes. We only use information to complete the orders made through us. If you do not want us to use data in this way, please inform us immediately by email.
We may enter your email address into courier or Royal Mail web sites so that you can receive a tracking email.
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 or post. Our phone number is 0800 050 2900 or you can e-mail us on sales@cheshireluxurypools.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.
Payments
We do not store credit card details nor do we share customer details with any 3rd parties.
PayPal REFUNDS
Due to a change in PayPal's Refund policy i.e. PayPal keep their transaction fees even if a full refund is made therefore if the buyer decides they want to pay by PayPal then the buyer consents that if a refund is required the refund will be net of transaction charges as per PayPal's New refund policy.
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,
Crystal Enterprises Limited
Cheshire Luxury Pools
Hamilton Lodge
58 Queens Road
Chadderton
Oldham
OL9 9HU
Telephone: 0800 050 2900
email: sales@cheshireluxurypools.co.uk
Company registration no: 7590185
VAT Reg. No. GB934246425
To cancel an order please click this link to download and print the attached cancellation form. Please complete and return to us
