BESPOKE SALES LTD t/a MY POOL DIRECT– RETAIL TERMS AND CONDITIONS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Our Control: is defined in clause 12.2; Goods: the goods that We are selling to you as set out in the Order; Order: your order for the Goods and/or Services; Product: the product We create for you as a result of the Services, as set out in the Order; Services: the services that We are providing to you as set out in the Order; Terms: the terms and conditions set out in this document; and We/Our/Us: Bespoke Sales Limited, a company registered in the United Kingdom with registration number 10413239 and whose registered office is at 5-7 Downham Road, Ramsden Heath, Billericay, CM11 1PU.
The owner of the Site is Bespoke Sales Limited Registration number: 10413239 Vat No:252750805
EORI : GB252750805000
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
Your contract for purchases made through the Site is with Bespoke Sales Limited and You undertake that all goods ordered by You are for Your own private and domestic use only unless otherwise stated and agreed with Us in writing.
No contract for the sale of any product will subsist between You and Us unless and until We accept Your order by way of an e-mail confirming that We have received payment in full for all the goods You have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to You at the time We sent the e-mail to You (whether or not You received that e-mail). This confirmation e-mail amounts to an acceptance by Us of Your offer to buy goods from Us or a third-party supplier engaged on Our behalf This confirmation e-mail will contain all relevant statutory information concerning Your contract. You must check that the details on this confirmation e-mail are correct as soon as possible and You should print out and keep a copy of it. We will not pass on Your personal or credit or debit card details to any third party and We will at all times comply with Our obligations under the Data Protection Act 1998. You undertake that all details You provide to Us for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card You are using is Your own and that there are sufficient funds to cover the cost of the goods or services You have ordered. If there are any changes to the details supplied by You it is Your responsibility to inform Us as soon as possible. Your statutory rights are not affected but otherwise, all purchases are non-exchangeable, non-refundable, and non-transferable.
2. Our contract with you
2.1 These are the terms and conditions on which We supply Goods, or Services, or both Goods and Services, to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and these Terms are complete and accurate before you sign the Order. If you think that there is a mistake, please contact Us to discuss it. We will confirm any changes in writing to avoid any confusion between you and Us.
2.3 When you sign and submit the Order to Us, this does not mean We have accepted your order for Goods and/or Services. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Goods and/or Services, We will inform you of this in writing and We will not process the Order.
2.4 These Terms will become binding on you and Us when We contact you to tell you that We are able to provide you with the Services or the Goods, at which point a contract will come into existence between you and Us.
2.5 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.6 Our website, catalogue, and brochure are solely for the promotion of Our Goods.
2.7 The images of the Goods on Our website and in Our catalogue or brochure are for illustrative purposes only. Your Goods may vary slightly from those images.
3. Changes to order or terms
3.1 We may revise these Terms from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; and
(b) changes in suppliers or manufacturers of required components for the Goods and Services.
3.2 If We have to revise these Terms under clause 3.1, We will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 13.4(c).
3.3 You may make a change to the Order for Goods and/or Services at any time before We despatch the Goods or the start date for the Services, except in the case of made-to-measure Goods. Where this means a change in the total price of the Goods and/or Services, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 13 in these circumstances.
3.4 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 13. In the case of made-to-measure Goods, unfortunately, because We make these Goods to your specific requirements, you will not be able to cancel an Order once it is made.
Colour Swatches displayed on this website may or may not match ACTUAL Gel coat finish RAL colours, due to lighting conditions and web image formats. Please ask for a Swatch Sample!
4. Made-to-measure goods
4.1 We make the Goods according to the measurements you provide Us. You can find information and tips on how to measure by contacting Us.
4.2 Please make sure your measurements are correct and accurate. Unfortunately, We cannot accept the return or refund for made-to-measure Goods if the reason for the return is because you provided Us with incorrect measurements or the measurements at the location of installation have changed. However, this will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described. Advice about your legal rights is available at your local Citizen’s Advice Bureau or Trading Standards office.
5. Delivery of goods
5.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address.
5.2 We will contact you with an estimated delivery date and installation date. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 12 for Our responsibilities when this happens.
5.3 If no one is available at your address to take delivery, We will leave you a note that the Goods have been returned to Our premises, in which case, please contact us to rearrange delivery. A charge may be payable to rearrange delivery.
5.4 Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us and the Goods will be your responsibility from that time.
5.5 You own the Goods once We have received payment in full.
6. If the goods are faulty
6.1 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. We are under a legal duty to supply Goods that are in conformity with this contract. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. Seller’s guarantee of goods
7.1 We guarantee that on delivery.
8. Providing services
8.1 We will supply the Services to you from the date set out in the Order.
8.2 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside of Our Control. See clause 12 for Our responsibilities when an Event Outside Our Control happens.
8.3 We will need certain information from you that is necessary for Us to provide the Services, for example, precise measurements and conditions for installation. We will contact you about this. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked. If We suspend the Services under this clause 8.3, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay any invoices We have already sent you.
8.4 We may have to suspend the Services if We have to deal with technical problems or to make improvements agreed between you and Us in writing to the Services. We will contact you to let you know in advance where this occurs unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under clause 8.4 but this does not affect your obligation to pay for any invoices, We have already sent you.
8.5 If you do not pay Us for the goods when you are supposed to, We may suspend the delivery with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 10.5). We will contact you to tell you this. This does not affect Our right to charge you interest under clause 10.4.
8.6 If We design the Product for you, We will own the copyright, design right and all other intellectual property rights in the Product and any drafts, drawings, or illustrations We make in connection with the Product for you.
9. If there is a problem with the services
9.1 In the unlikely event that there is any defect with the Services or Product:
(a) please contact Us and tell Us as soon as reasonably possible; and
(b) please give Us a reasonable opportunity to repair or fix any defect.
9.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
10. Price and payment
10.1 The price of the Goods and/or the Services will be set out in Our price list in force at the time you place your Order. Our prices may change at any time, but price changes will not affect Orders that you have already placed.
10.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance. We will adjust the rate of VAT that you pay unless you have already paid for the Goods and/or Services in full before the change in the rate of VAT takes effect.
10.3 The prices for the Goods include delivery costs, certain equipment and VAT.
There is No charge for debit / credit cards except Amex where we charge 2% as this is the charge we get per transaction.
10.4 We require a 50% deposit in order to start the manufacturing process. With our one piece pools, the balance is due upon loading from the manufactures. With regard to on-site builds, 50% deposit is due upon ordering, a further 30% will then be required when our team arrive on site, and the final payment is due upon completion of the work. This must be prior to our team leaving the site.
10.5 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of the Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
10.6 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 10.5 will not apply for the period of the dispute.
10.7 All Bespoke and made to order Swimming pools and or Enclosures are subject to a non refundable Deposit usually 50% unless otherwise agreed. This is because the item is made to order to the clients requirements, ie colour / size etc.
11. Our liability to you
11.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract.
11.2 We only supply the Goods and/or Services or Product for domestic and private use. You agree not to use the Goods and/or Services or Product for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We do not exclude or limit in any way Our liability for:
(a) fraud or fraudulent misrepresentation;
(b) breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(c) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(d) defective products under the Consumer Protection Act 1987.
12. Events Outside Our Control
12.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
12.2 An Event Outside Our Control means any act or event beyond Our reasonable control.
12.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
12.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods and/or Services. Please see your cancellation rights under clause 13. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our cancellation rights in clause 13.
13. Your rights to cancel and applicable refund
13.1 Before We begin to provide the Services or the Goods are delivered, you have the
following rights to cancel an Order for Goods (other than made-to-measure Goods)
and/or Services, including where you choose to cancel
because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:
(a) you may cancel any Order for Goods and/or Services at any time before we manufacture, ready for despatch the Goods or the start date for the Services by contacting Us. We will confirm your cancellation in writing to you;
(b) if you cancel an Order under clause 13.1(a) and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts and any delivery charges to you;
(c) however, if you cancel an Order for Services under clause 13.1(a) and We have already started work on your Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfill the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us;
(d) unfortunately, if you cancel an Order for Goods under clause 13.1(a) and We have already despatched your Goods to you, We will not be able to cancel your Order until it is delivered. In this case, if you return the Goods to Us, We will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to Us. This will not affect your refund for the Goods themselves, but we will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.
13.2 Unfortunately, as the made-to-measure Goods are made to your requirements, you will not be able to cancel your Order once made (but this will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described).
13.3 Once We have begun to provide the Services to you, you may cancel the contract for the Services at any time by providing Us with at least 30 calendar days’ notice in writing. Any advance payment you have made for Services that have not been provided will be refunded to you.
13.4 Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
(a) We break this contract in any material way and We do not correct or fix the situation within 60 days of you asking Us to in writing.
(b) We go into liquidation or a receiver or an administrator is appointed over Our assets.
(c) We change these Terms under clause 3.1 to your material disadvantage.
(d) We are affected by an Event Outside Our Control.
14. Our rights to cancel and applicable refund
14.1 We may have to cancel an Order before the start date for the Services or before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock or (in the case of Services) key personnel or key materials without which We cannot provide the Services. If this happens:
(a) We will promptly contact you to let you know;
(b) if you have made any payment in advance for Services that have not been
provided to you, or Goods that have not been delivered to you, We will
refund these amounts to you;
(c) where We have already started work on your Order for Services or made-to-measure Goods , We will not charge you anything and you will not have to make any payment to Us.
14.2 Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least 30 calendar days’ notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
14.3 We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
(a) you do not pay Us when you are supposed to. This does not affect Our right to charge you interest under clause 10.4; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 30 days of Us asking you to in writing.
15. How to Contact us
15.1 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team or by e-mailing Us at firstname.lastname@example.org, or by phone 01268 710425.
15.2 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract for services which We have started to provide), you can send this to Us by e-mail or by hand. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail or by hand.
16. How we may use your personal information
16.1 We will use the personal information you provide to Us to:
(a) provide the Goods and/or Services;
(b) process your payment for such Goods and/or Services; and
(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
16.2 We will not give your personal data to any third party other than members of Bespoke Sales Ltd
17. Other important terms
17.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
17.2 This contract is between you and Us. No other person shall have any rights to enforce
any of its terms.
17.3 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.
17.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
17.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
Delivery, Inspection, and Installation:
It is the responsibility of the customer to report any access concerns prior to purchase and loading the pool on our vehicle. Bespoke Sales Ltd will not take responsibility for any extra costs incurred if the customer has to make alternative arrangements during delivery of the pool. This may include poor access due to narrow roads, overhead power cables, or low-hanging trees. Please email images of access to our transport partner, Webster Miller.
Any unloading from vehicles is the sole responsibility of the Customer and under no circumstances will Bespoke Sales Limited or its suppliers become involved in the unloading process at any stage.
Every delivery must be inspected fully and for possible damages as soon as practicably possible and details of any and all damages must be provided in the transport documents. Clear photographic evidence will also be required.
Every incident or example of damage to delivered products must be reported in writing to Bespoke Sales Limited immediately.
Damages reported later than 24 hours after delivery will not be considered in relation to any warranty claim.
Depending on location, some remote locations may be subject to additional charges.
Under no circumstances do We accept responsibility for the installation of Your pool. We may from time to time provide details of third-party contractors that may offer an installation service, however, We do not guarantee or accept responsibility for any work they may carry out on Your behalf. Furthermore, We do not accept responsibility for any damage caused to Your pool by You or any third-party contractors. It is Your/the contractor’s responsibility to prepare any necessary groundwork in accordance with the manufacturer’s guidelines and failure to do so may invalidate Your warranty.
Installation and or Information
For all Installation questions and information on our products Bespoke Sales Limited t/a My Pool Direct advises you to Refer to our Frequently asked questions page and You Tube channel
Lifting our One-Piece Swimming Pools:
It is the Sole Responsibility of the end user that Heavy duty straps are used for the lifting of all one-piece pools by way of “Sling” method around the exterior of the pool. This applies to Crane and manual methods of lifting. On Most occasions our vehicles will offload the pool with our hi-ab crane lift access permitting.