Please ensure you read and agree to the correct Terms and Conditions, depending on whether you are classed as a Consumer or Business.
If you are a Consumer please read the first Terms and Conditions.
If you are a Business please read the second Terms and Conditions, which are marked Business.
HOME LEISURE DIRECT
STANDARD TERMS AND CONDITIONS OF BUSINESS (consumer)
1. GENERAL
1.1 In these terms and conditions (“the Conditions”):
“Delivery Address” means the address for delivery of the Goods to You, as indicated by You when placing an Order;
“Goods” means any goods (including all components, parts and accessories) to be supplied by Us to You under these Conditions;
“Order” means the placing of an order (or an Order Form via the Website) with Us;
“Order Form” means Our order form on Our website, an email from You to Us placing an order, or a phone call from You to Us placing an order, a pro forma invoice sent to You by Us containing the details of the order on which orders shall be accepted by Us for the supply of the Goods;
“Our/ Us/ We” means Home Leisure Direct Limited, a company registered in England and Wales under company no.6364345 whose registered office address is: Home Leisure Direct Limited, Unit 8 Redhill Farm Business Park, Marshacre Lane, Elberton, Bristol, South Gloucestershire, BS35 4AL;
“Writing” a reference to “writing” or “written” includes email
“Website” means Our website of www.homeleisuredirect.com;
“You/ Your” means the person who purchases the Goods from Us.
1.2 The supply of Goods to You by Us and Your use of the Website is subject to these Conditions including Privacy Policy ,Website Terms and Conditions of Use and our Cookie Policy which are accessible through this page. Please read through these Conditions carefully before placing an Order and print a copy for Your future reference. The Conditions tell You who We are, how We will provide goods to You, how You and We may change or end the contract, what to do if there is a problem and other important information. If You think that there is a mistake in these terms or require any changes, please contact Us to discuss.
1.3 You can contact us by telephoning our customer services team at 0800 622 6464 or 01454 413636 or by writing to us at
Home Leisure Direct Limited
Unit 8 Redhill Farm Business Park
Marshacre Lane, Elberton
Bristol
South Gloucestershire
BS35 4AL
or by email to sales@homeleisuredirect.com.
1.4 No variation of these Conditions shall apply unless confirmed in writing by or on behalf of a Director of Home Leisure Direct Limited. We reserve the right to amend and update these Conditions and this Website at any time without notice to reflect changes in relevant laws and regulatory requirements and it is Your responsibility to re-visit this page each time You use the Website or place an Order with Us to ensure that You comply with the Conditions.
2. CHANGES TO THESE CONDITIONS
2.1 We will notify You regarding any more significant changes to these Conditions and this Website and you may then contact us to end the contract before the changes take effect and receive a refund for any goods paid for but not received.
2.2 You must be over the age of 18 years to place an Order and We reserve the right not to accept an Order where We reasonably believe that You do not meet this requirement.
2.3 These Conditions together with Our Order Form constitute the whole agreement between the parties and supersede any prior promises, representations, undertakings or implications whether written or oral.
2.4 We request that you note the right of cancellation in clause 3 and the limitation of liability in clause 13.
3. OUR CONTRACT WITH YOU: ACCEPTANCE AND CANCELLATION
3.1 Where Goods are ordered from the Website You will be required to submit an Order Form. You will also be required to click through, read and accept this document before being able to proceed with Your Order. Goods may also be ordered over the telephone by contacting Us at either 0800 622 6464 or 01454 413636.
3.2 The placing of an Order with Us shall be deemed to be Your acceptance of these Conditions.
3.3 By submitting an Order Form or placing an Order via the telephone with Us, You shall be deemed to have accepted these Conditions. We will then send an automatic receipt of order to the email address You have provided (for the avoidance of doubt this will not constitute acceptance of Your Order).
3.4 All Goods are subject to availability. If the Goods You have ordered are unavailable We will contact You to advise of the date of availability or to discuss the supply of a suitable alternative item. Should You wish to cancel Your Order at this point then You will be able to do so. If we are unable to accept your order, we will inform you of this and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
3.5 If the Goods ordered are available, We will then send You written confirmation of acceptance of the Order (“Acceptance Notice”).
3.6 We will assign an order number to you and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.7 Our website is solely for the promotion of our goods in the UK. We do in, certain circumstances, accept orders from and deliver to outside of the UK. However this is at Our discretion once receiving an Order Form from You as it depends on factors including the nature of the Order, availability of products and factors which are outside of Our control.
3.8 Orders received on Saturdays, Sundays or public holidays and after 1pm on weekdays, will be processed the next working day.
4. YOUR RIGHTS OF CANCELLATION AND RETURNS
4.1 Subject to clause 4.6, you may cancel Your Order without reason within 14 calendar days from the date of delivery of the Goods. You may notify us of Your wish to cancel by email, telephone, letter or fax. You may use our Notice of Cancellation Form (https://www.homeleisuredirect.com/company/notice-of-cancellation.html) which can be downloaded from our website. If you cancel under this clause the following will apply:
4.1a You should return the Goods to us within 14 days of notifying us of your wish to cancel in the same condition as they were delivered (in the original packaging, unused and/or flat-packed where appropriate). You must pay any delivery costs for their return depending upon the goods it will cost between £2 and £600 including VAT;
4.1b Subject to clause 41.1(a), we will provide you with a refund using the same means of payment as you made for the Goods. The refund will include post and packaging at our standard rate only even if you chose a more expensive option for delivery. We will provide this within 14 days of your notice of cancellation if no Goods were delivered or within 14 days of receipt of the Goods (or earlier if we receive proof of return);
4.1c We have the right to deduct monies from your refund up to the total price for the Goods where the Goods show signs of use which diminishes their value whilst in Your possession. We will notify You of the diminish in value in writing giving you a reasonable time to respond before deducting this from Your refund which We will return to You. Subject to clause 12 and clause 4, Goods returned for any reason must be returned within 14 days from the date of delivery of them, and in the same condition as they were delivered (in the original packaging, unused and/ or flat-packed where appropriate). You must pay any delivery costs for their return, depending upon the goods it will cost between £2 and £600 including VAT. We will not accept returns or cancellations if the Goods have been altered in any way that could be deemed as You treating the Goods as Your own. Please note that You have a duty to take reasonable care of the Goods whilst they are in Your possession.
4.2 If the Goods You are returning are either damaged by You or due to Your poor packaging then on inspection of the Goods We reserve the right to reject the return and You will incur the cost of re-delivery to Your address and no refund will be processed.
4.3 All bespoke items (where you have specified certain colours, woods, additional branding, or any other type of variation which do not come as standard) are non-refundable.
4.4 Even if We are not at fault and You do not have a right to change your mind (see clause 4.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the Goods are delivered and paid for. If You want to end a contract before it is completed where We are not at fault and You have not changed Your mind, just contact us to let Us know. The contract will end immediately and We will refund any sums paid by You for goods not provided but [We may deduct from that refund [£[ ] as compensation for the net costs we will incur as a result of your ending the contract OR] reasonable compensation for the net costs we will incur as a result of your ending the contract OR a percentage of the price calculated as per [TABLE] depending on the date on which you end the contract, as compensation for the net costs we will incur as a result of your doing so.]
4.5 This clause 4.4 applies where You purchase bespoke Goods from Us under any credit arrangement with Us. You must tell Us immediately if You cancel Your credit arrangement in respect of those bespoke Goods. If You do cancel Your credit arrangement in respect of those bespoke Goods then You must pay us for those Goods within seven days starting the day after You cancel the credit arrangement.
4.6 YOUR LEGAL RIGHTS
4.7 We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
4.8 For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
5. OUR RIGHTS TO END THE CONTRACT
5.1 We may end the contract for a product at any time by writing to You if:
5.1a payment is not received by Us when We process the payment immediately before the dispatch of the Goods within the payment period in the invoice sent with the Acceptance Notice to You and You still do not make payment within 14 calendar days of Us reminding You that payment is due:
5.1b you do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the Goods, for example, in relation to You communicating and Us accepting details before Us accepting your Order which are required for effective delivery of the Goods to You; or
5.1c you do not, within a reasonable time, allow Us to deliver the products to You.
5.2 You must compensate us if You break the contract. If We end the contract in the situations set out in clause 5.1 We will refund any money You have paid in advance for products We have not provided but we may deduct or charge you [£[ ] as compensation for the net costs we will incur as a result of your breaking the contract OR reasonable compensation for the net costs we will incur as a result of your breaking the contract OR a percentage of the price calculated as per [TABLE] depending on the date on which we end the contract, as compensation for the net costs we will incur as a result of your breaking the contract.]
5.3 We may withdraw the goods. We may write to You to let you know that We are going to stop providing the goods. We will let you know at least as soon as reasonably practicable in advance of Our stopping the supply of the goods and will refund any sums You have paid in advance for products which will not be provided.
6. DESCRIPTION OF THE GOODS
6.1 For the avoidance of doubt all sizes, measurements, drawings, descriptive matter, specifications, illustrations and advertising issued by Us on the Website are an approximation and are published for the sole purpose of giving an approximate idea of the Goods described.
6.2 The packaging of the Goods may vary from that shown in images on Our website.
6.3 You will be responsible for ensuring that the Order Form and Acceptance Notice is complete and accurate, and that the Goods will fit through doorways and have sufficient room to enable their use on Your premises. You acknowledge and accept that We will not be held responsible should this not be the case.
6.4 If You wish to make a change to the goods you have ordered please contact Us. We will let you know if the change is possible. If it is possible We will let You know about any changes to the price of the goods, the timing of 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.
6.5 We may change the Goods:
6.5a to reflect changes in relevant laws and regulatory requirements; and
6.5b to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the goods.
6.5c More significant changes to the goods and these terms. In addition, as We informed You in the description of the Goods on Our website, We may make the following changes to the Goods, but if We do so We will notify You and You may then contact Us to end the contract before the changes take effect and receive a refund for any goods paid for but not received.
7. PRICE AND PAYMENT
7.1 We believe Our prices are among the most competitive in the UK market. Should You find a price which You believe to be better elsewhere then please contact Us and We will do Our utmost to beat that price for You. We offer discounts for bulk purchases, repeat customers, schools, universities and charities (such discounts will be at Our sole discretion). For more information please contact Us on 0800 622 6464.
7.2 The price of the Goods (which includes VAT) will be the price indicated on the Order Form when you placed Your order. We use our best efforts to ensure that the price of the goods advised to You is correct. However please see clause 7.3 for what happens if we discover an error in the price of the goods in You order.
7.3 It is always possible that, despite Our best efforts, some of the goods We sell may be incorrectly priced. We will normally check prices before accepting Your order so that, where the Goods’ correct price at Your order date is less than our stated price at your order date, we will charge the lower amount. If the goods’ correct price at our order date is higher than the price stated to You, we will contact You for Your instructions before We accept Your order. If We accept and process Your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, We may end the contract, refund You any sums You have paid and require the return of any goods provided to You.
7.4 All prices, fees, charges, disbursements, expenses and other sums payable hereunder are in pounds sterling (£) and are inclusive of Value Added Tax.
7.5 The cost of postage and packaging per item can be found next to the Goods advertised on our Website. Please note that postage and packaging is mainly dependent on the size, weight and frailty of the Goods. If You have any specific delivery requirements then please contact Us in advance of placing an Order On 0800 622 6464 or 01454 413636.
7.6 Payment is taken by credit or debit cards and is processed once You have received an Acceptance Notice from Us (in accordance with clauses 3.5). We accept Mastercard, Visa, American Express, Solo, Delta or Maestro.
7.7 Payment details will be taken at the point of Order and will be processed once We have immediately before the Order of the Goods are dispatched to You. Payment will be processed via Our SSL’s secure payment system.
7.8 You undertake that all details You provide to Us for the purpose of purchasing any Goods are correct, and that the credit or debit card which You use is Your own, that there are sufficient funds or credit facilities to cover the cost of any Goods, and that You are over the age of 18 years. We reserve the right to obtain validation and verification of the authenticity of Your credit card or debit card details before processing Your Order.
7.9 If payment is not received from You by Us by the due date on the invoice which we sent to you with the Acceptance Notice we may charge interest to You on the overdue amount at the rate of 5% a year above the base lending rate of the Bank of England 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.
7.10 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. Once the dispute is resolved We will charge You interest on correctly invoiced sums from the original due date.
7.11 Some of our Goods can be purchased on credit. This can be obtained subject to approval of application through an external finance company. Our website has further details.
8. DELIVERY
8.1 The Goods shall be delivered to the Delivery Address as set out in the Order Form, or to such other place of delivery as is agreed by Us in writing prior to delivery of the Goods.
8.2 Delivery will be deemed as successfully made once the Goods have arrived at the Delivery Address and signed for either by You or by someone at the delivery address on Your behalf. In the case of delivery to certain organisations such as hospitals, airports, hotels, ships and other business premises, the signature of any person authorised to accept delivery on behalf of the organisation will be accepted as proof of delivery.
8.3 Prior to delivery, you will be contacted to agree a time with the courier for delivery. If You or someone at the delivery address on Your behalf are not available to accept delivery of the Goods, re-delivery may take up to 7-10 working days and you will be charged for the cost of re-delivery. We will notify You in advance of the amount of the cost of the re-delivery.
8.4 We reserve the right to only deliver to the cardholder’s registered address for Goods priced more than £200.
8.5 We do not normally deliver on Saturday, Sundays or public holidays.
8.6 We reserve the right to charge You postage and packaging and delivery expenses where deemed appropriate in accordance with the postage and packaging prices set out on Our Website from time to time.
8.7 Times for delivery of Goods from the date of acceptance of Your Order may vary and are intended to be an estimate only. Approximate times for delivery of certain items can be found next to the Goods advertised on the Website. Please note that in exceptional circumstances delivery can take up to 12 weeks (this is due to the nature of the manufacturing of certain Goods supplied).
8.8 You acknowledge and accept that We will not be responsible for any mistakes made on the Order Form by You regarding incorrect contact, address or delivery details. Where an error has been made You will be solely responsible for notifying Us in writing of the correct details before the Goods have been dispatched or as soon as possible thereafter.
8.9 All Goods are available for delivery in most places in mainland UK. Special delivery arrangements can be made to the Channel Islands, Northern Ireland, Republic of Ireland, Isle of Wight, Isle of Man, Cornwall, and the Scottish Isles or Highlands. If You live in one of these locations please contact Us in advance of placing an Order by telephone so that We can advise You of availability and any additional charges incurred for delivery.
8.10 If Our supply of the goods is delayed by an event outside Our control then We will contact You as soon as possible to let You know and we will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event, but if there is a risk of substantial delay You may contact Us to end the contract and receive a refund for any goods You have paid for but not received.
8.11 Where Goods are installed on Delivery, you are required to inspect the Goods before signing the delivery note. You must inform us within 24 hours of Delivery by phone on 0800 622 6464 or 01454 413636 if you discover any surface defects or marks on the Goods. The Goods will be your responsibility once they have been signed for.
8.12 Where Goods are packaged, You must report any defects You discover on opening the packaging to us verbally by telephone on 0800 622 6464 or 01454 413636 within 24 hours and in writing within 48 hours of Delivery.
8.13 If no one is available at Your address to take delivery, We will leave You a note informing You of how to rearrange delivery.
8.14 If You do not collect the goods from Us as arranged or if, after a failed delivery to You, We will contact You for further instructions and may charge You for storage costs and any further delivery costs. If, despite Our reasonable efforts, We are unable to contact You or re-arrange delivery or collection We may end the contract and clause 10.2 will apply.
8.15 You have legal rights if We deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
8.15awe have refused to deliver the goods;
8.15b delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
8.15c you told us before we accepted your order that delivery within the delivery deadline was essential.
8.16 If You do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 8.15, You can give Us a new deadline for delivery, which must be reasonable, and You can treat the contract as at an end if We do not meet the new deadline.
8.17 If You do choose to treat the contract as at an end for late delivery under clause 8.15, You can cancel your order for any of the goods or reject goods that have been delivered. If You wish, You can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that We will refund any sums You have paid to Us for the cancelled goods and their delivery. If the goods have been delivered to You, you must post them back to Us or allow Us to collect them from You. We will pay the costs of postage or collection. Please call customer services on 0800 622 6464 or 01454 413636 or email us at sales@homeleisuredirect.com for a return label or to arrange collection.
9. OWNERSHIP AND RESPONSIBILITY FOR THE GOODS
9.1 You own the goods once We have received payment in full.
9.2 The goods will be Your responsibility from the time we deliver the product to the address You gave Us or You collect it from Us.
9.3 We may need certain information from You so that we can supply the goods to you, for example, information relating to enable Us to provide effective Delivery of the Goods to You. If You do not give us this information within a reasonable time of Us asking for it, or if You give us incomplete or incorrect information on the Order Form, We may either End the contract (and clause 5.2 will apply) or make an additional charge of a reasonable sum to compensate Us for any extra work that is required as a result. We will not be responsible for supplying the goods late or not supplying any part of them if this is caused by You not giving us the information We need within a reasonable time of Us asking for it.
10. SUSPENDING THE SUPPLY OF GOODS
10.1 We may have to suspend the supply of goods to:
10.1a deal with technical problems or make minor technical changes; or
10.1b update the goods to reflect changes in relevant laws and regulatory requirements; or
10.1c make changes to the goods as requested by you or notified by us to you (see clause 6).
10.2 We will contact You in advance to tell you we will be suspending supply of the goods, unless the problem is urgent or an emergency. If We have to suspend the product We will adjust the price so that You do not pay for goods while they are suspended. You may contact us to end the contract for goods if We suspend it, or tell You we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums You have paid in advance for the product in respect of the period after You ending the contract.
10.3 If You do not pay us for the goods when You are supposed to (see clause 7.9) and You still do not make payment within 14 days of Us reminding You that payment is due, We may suspend supply of the goods until You have paid Us the outstanding amounts. We will contact You to tell You we are suspending supply of the goods. We will not suspend the goods where You dispute the unpaid invoice (see clause 7.10). We will not charge You for the goods during the period for which they are suspended. As well as suspending the goods We can also charge You interest on your overdue payments (see clause 7.9).
11. NON-DELIVERY
If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 5.2 will apply.
12. QUALITY
12.1 We warrant that subject to these Conditions upon delivery and for a period of 12 months from the date of delivery the Goods will be:
12.1a of satisfactory quality within the meaning of the Sale of Goods Act 1979;
12.1b reasonably fit for the purpose for which the Goods are being sold by Us;
12.1creasonably fit for the purpose for which the Goods are being bought if You had made known that purpose to Us in writing and We have confirmed acceptance of the purpose in writing.
12.2 Subject to clauses 8.11 and 8.12, We shall not be liable for a breach of any of the warranties in clause 12.1 (b) unless:
12.2a You give written notice of the defect to Us within 7 days of when You discover or ought to have discovered the defect; and
12.2b We are given a reasonable opportunity after receiving the notice of examining the Goods and You (if asked to do so) return the Goods to Our place of business at Our cost.
12.3 We shall not be liable for a breach of the warranties in clause 12.1 (b) where;
12.3a You make any further use of the Goods after giving such notice as required by clause 12.2(a);
12.3b the defect arises because You failed to follow Our oral or written instructions as to the storage, installation, use of, or maintenance of the Goods; or
12.3c You alter or repair the Goods without Our written consent.
12.4 Subject to the provisions of this clause 12, if any of the Goods do not conform with any of the warranties in clause 12.1, You may request that We repair or replace the Goods or refund the full price of such Goods provided that on Our request You shall (at Our cost and expense) return the Goods or the part of the Goods which is defective to Us.
12.5 Nothing in these Conditions affects Your statutory rights. Advice about your rights is available from your Citizen’s Advice Bureau (https://www.citizensadvice.org.uk/) or Trading Standards Office (https://www.citizensadvice.org.uk/consumer/get-more-help/report-to-trading-standards/).
13. OUR LIABILITY TO YOU
13.1 If We fail to comply with these Conditions, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Conditions or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence or our breach or if they were contemplated by you and Us at the time we entered into this Contract.
13.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business, or re-sale purposes, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not exclude or limit in any way Our liability for:
13.3a death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
13.3b fraud or fraudulent misrepresentation;
13.3c breach of the terms implied by section 12 of the Sale of Goods Act 1979;
13.3d breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979;
13.3e defective goods under the Consumer Protection Act 1987.
14. IF THERE IS A PROBLEM WITH THE PRODUCT
14.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at [0800 622 6464 or 01454 413636 or write to us at sales@homeleisuredirect.com or Unit 8 Redhill Farm Business Park, Marshacre Lane, Elberton, Bristol, South Gloucestershire, BS35 4AL
15. DATA PROTECTION
15.1 You warrant that the details and information provided to Us are true and correct and that any future additions or alterations to Your details and information will be true and correct, and submitted in a timely manner. We will not be liable to You for any reason arising from any instructions or Order Form supplied by You which is incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form or arising from their late arrival or non arrival or other fault of Yours.
15.2 It is Our policy to respect the privacy of Our customers. We will not disclose the details and information provided by You to any third party unless We are specifically required or allowed to do so by law, or in response to a valid, legal request by a law enforcement or governmental authority or as may otherwise be authorised by You.
15.3 By accepting these Conditions, You acknowledge and consent that We may store and process Your personal details and information (for example Your name, address, telephone number and details of the service You use) in accordance with any data protection legislation and that We may use this information for marketing purposes (if You agreed to this during the order process), to give You information about similar products that we provide but You may stop receiving this at any time by contacting Us. We have a responsibility to keep Your information confidential and will only use it to offer Our goods and services.
16. FORCE MAJEURE
16.1 We reserve the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by You (without liability to You) if We are prevented from or delayed in the carrying on of Our business due to circumstances outside Our reasonable control including, without limitation, strike, lockout or other industrial action (whether or not relating to either party’s workforce), terrorist activity, civil commotion, government action, acts of God, war or national emergency or other circumstances beyond Our reasonable control provided that, if the event in question continues for a continuous period in excess of three months then You shall be entitled to give notice in writing to terminate these Conditions and a full refund will be made.
17. MISCELLANEOUS
17.1 The headings to these Conditions are for convenience only and shall not affect their construction.
17.2 Where the context so admits reference in these Conditions to one gender shall include each other gender and words denoting the singular shall include the plural and vice-versa.
17.3 References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
17.4 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.
17.5 You may only transfer Your rights or Your obligations under these terms to another person if we agree to this in writing.
17.6 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 contact you to let you know if We plan to do this. If You are unhappy with the transfer You may contact Us to end the contract within 28 days of Us telling You about it and We will refund You any payments You have made in advance for products not provided.
17.7 You may only transfer Your rights or Your obligations under these terms to another person if We agree to this in writing.
17.8 This contract is between You and Us. No other person shall have any rights to enforce any of its terms.
17.9 A person who is not party to these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Conditions.
17.10 Any copyright, trade-marks or other intellectual property rights contained on the Website and in all particulars, brochures or other material prepared by Us shall belong to Us unless otherwise stated.
17.11 These Conditions and any disputes or claims arising out of or in connection with their subject matter or the use of the Website are governed by and construed in accordance with the law of England.
17.12 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Conditions.
17.13 If a court finds part of these Conditions illegal, the rest will continue in force. Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides at any time that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.14 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If You are not happy with how we have handled any complaint, any dispute arising in connection with any term of this agreement may be submitted to arbitration in accordance with the Arbitration Act 1996. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
18. NOTICES AND SERVICE
18.1 Any notice required under these Conditions shall (unless otherwise provided) be in writing and delivered in person, sent by pre-paid first class post or other next day working day service or sent by email to:
18.1a In Our case, to Our registered office or such address as We may from time to time designate by notice hereunder;
18.1b In Your case, to any of Your addresses set out in any document which forms part of these Conditions or such other address as shall be notified by You to Us.
18.2 Any notice given in accordance with clause 15.1 will be deemed to have been received:
18.2a If sent by pre-paid first class port or other next working day delivery service on the second working day after posting;
18.2b If sent by email at 9am on the next working day after transmission of the email.
18.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
HOME LEISURE DIRECT
STANDARD TERMS AND CONDITIONS OF BUSINESS (business)
1. GENERAL
1.1 In these terms and conditions (“the Conditions”):
“Delivery Address” means the address for delivery of the Goods to You, as indicated by You when placing an Order;
“Goods” means any goods (including all components, parts and accessories) to be supplied by Us to You under these Conditions;
“Order” means the placing of an order (or an Order Form via the Website) with Us;
“Order Form” means Our order form on Our website, an email from You to Us placing an order, or a phone call from You to Us placing an order, a pro forma invoice sent to You by Us containing the details of the order on which orders shall be accepted by Us for the supply of the Goods;
“Our/ Us/ We” means Home Leisure Direct Limited, a company registered in England and Wales under company no. 6364345 whose registered office address is: Home Leisure Direct Limited, Unit 8 Redhill Farm Business Park, Marshacre Lane, Elberton, Bristol, South Gloucestershire, BS35 4AL
“Website” means Our website of www.homeleisuredirect.com;
“You/ Your” means the person who purchases the Goods from Us.
1.2 The supply of Goods to You by Us and Your use of the Website is subject to these Conditions including Our Privacy Policy and the Website terms and conditions of use which are accessible through this page. Please read through these Conditions carefully before placing an Order and print a copy for Your future reference. The placing of an Order with Us shall be deemed to be Your acceptance of these Conditions.
1.3 You can contact us by telephoning our customer services team at 0800 622 6464 or 01454 413636 or by writing to us at
Home Leisure Direct Limited
Unit 8 Redhill Farm Business Park
Marshacre Lane
Elberton
Bristol
South Gloucestershire
BS35 4AL
or by email to sales@homeleisuredirect.com.
1.4 No variation of these Conditions shall apply unless confirmed in writing by or on behalf of a Director of Home Leisure Direct Limited. We reserve the right to amend and update these Conditions and this Website at any time without notice and it is Your responsibility to re-visit this page each time You use the Website or place an Order with Us to ensure that You comply with the Conditions.
1.5 By submitting an Order Form or placing an Order via the telephone with Us, You shall be deemed to be have accepted these Conditions. If the person placing the Order is an employee of a firm or company, they shall be deemed to be authorised by their employer to place the Order.
1.6 You must be over the age of 18 years to place an Order and We reserve the right not to accept an Order where We reasonably believe that You do not meet this requirement.
1.7 These Conditions together with Our Order Form constitute the whole agreement between the parties and supersede any prior promises, representations, undertakings or implications whether written or oral.
2. ACCEPTANCE AND CANCELLATION
2.1 Where Goods are ordered from the Website You will be required to submit an Order Form. You will also be required to click through, read and accept this document before being able to proceed with Your Order. Goods may also be ordered over the telephone.
2.2 We will then send an automatic receipt of order to the email address You have provided (for the avoidance of doubt this will not constitute acceptance of Your Order).
2.3 All Goods are subject to availability. If the Goods You have ordered are unavailable We will contact You to advise of the date of availability or to discuss the supply of a suitable alternative item. Should You wish to cancel Your Order at this point then You will be able to do so. If the Goods ordered are available, We will then send You written confirmation of acceptance of the Order (“Acceptance Notice”).
2.4 Orders received on Saturdays, Sundays or public holidays and after 1pm on weekdays, will be processed the next working day.
2.5 We shall not be bound to accept the cancellation, alteration or suspension for whatever cause of any Order for which you have received an Acceptance Notice. If we agree to accept cancellation of your Order we may require you to pay our delivery and collection costs.
2.6 No cancellation, alteration or suspension of a request or Order shall be valid or binding unless notified in writing to Us, and also agreed to in writing by Us.
3. DESCRIPTION
3.1 For the avoidance of doubt all sizes, measurements, drawings, descriptive matter, specifications, illustrations and advertising issued by Us on the Website are an approximation and are published for the sole purpose of giving an approximate idea of the Goods described and the goods will only comply with their description in material respects
3.2 You will be responsible for ensuring that the Order Form and Acceptance Notice are complete and accurate, and that the Goods will fit through doorways and have sufficient room to enable their use on Your premises. You acknowledge and accept that We will not be held responsible should this not be the case.
4. PRICE AND PAYMENT
4.1 We believe Our prices are among the most competitive in the UK market. Should You find a price which You believe to be better elsewhere then please contact Us and We will do Our utmost to beat that price for You. We offer discounts for bulk purchases, repeat customers, schools, universities and charities (such discounts will be at Our sole discretion). For more information please contact Us on 0800 622 6464.
4.2 The price of the Goods (which includes VAT) will be the price indicated on the Order Form when you placed Your order.
4.3 All prices, fees, charges, disbursements, expenses and other sums payable hereunder are in pounds sterling (£) and are inclusive of Value Added Tax. They are exclusive of all costs and charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts You shall pay in addition.
4.4 The cost of postage and packaging per item can be found next to the Goods advertised on our Website. Please note that postage and packaging is mainly dependent on the size, weight and frailty of the Goods. If You have any specific delivery requirements then please contact Us in advance of placing an Order.
4.5 Payment is taken by credit or debit cards, PayPal, Amazon Pay, bank transfer, cash or cheque depending on the value of Your Order and we will confirm the methods of payment accepted by Us when we receive the Order Form from You. Payment is processed once You have received an Acceptance Notice from Us (in accordance with clauses 2.2 and 2.3). We accept Mastercard, Visa, American Express, Solo, Delta or Maestro.
4.6 Payment details will be taken at the point of Order and will be processed once We have accepted Your Order. Payment will be processed via Our SSL’s secure payment system.
4.7 You undertake that all details You provide to Us for the purpose of purchasing any Goods are correct, and that the credit or debit card which You use is Your own, that there are sufficient funds or credit facilities to cover the cost of any Goods, and that You are over the age of 18 years. We reserve the right to obtain validation and verification of the authenticity of Your credit card or debit card details before processing Your Order.
4.8 Title to the Goods will pass to You when We have received payment in full.
5. DELIVERY
5.1 The Goods shall be delivered to the Delivery Address as set out in the Order Form, or to such other place of delivery as is agreed by Us in writing prior to delivery of the Goods.
5.2 Delivery will be deemed as successfully made once the Goods have arrived at the Delivery Address and signed for either by You or by someone at the Delivery Address on Your behalf. In the case of delivery to certain organisations such as hospitals, airports, hotels, ships and other business premises, the signature of any person authorised to accept delivery on behalf of the organisation will be accepted as proof of delivery.
5.3 Prior to delivery, you will be contacted to agree a time with the courier for delivery. If You are not available to accept delivery of the Goods, re-delivery may take up to 7-10 working days and you will be charged for the cost of re-delivery.
5.4 We reserve the right to only deliver to the cardholder’s registered address for Goods priced more than £200.
5.5 We do not normally deliver on Saturday, Sundays or public holidays.
5.6 We reserve the right to charge You postage and packaging and delivery expenses where deemed appropriate in accordance with the postage and packaging prices set out on Our Website from time to time.
5.7 Times for delivery of Goods from the date of acceptance of Your Order may vary and are intended to be an estimate only and that therefore time is not of the essence. Approximate times for delivery of certain items can be found next to the Goods advertised on the Website. Please note that in exceptional circumstances delivery can take up to 12 weeks, or potentially longer depending on the type of product and its country of origin.
5.8 You acknowledge and accept that We will not be responsible for any mistakes made on the Order Form by You regarding incorrect contact, address or delivery details. Where an error has been made You will be solely responsible for notifying Us in writing of the correct details before the Goods have been dispatched or as soon as possible thereafter.
5.9 All Goods are available for delivery in most places in mainland UK. Special delivery arrangements can be made to the Channel Islands, Northern Ireland, Republic of Ireland, Isle of Wight, Isle of Man, Cornwall, and the Scottish Isles or Highlands. If You live in one of these locations please contact Us in advance of placing an Order so that We can advise You of availability and any additional charges incurred for delivery.
5.10 Where Goods are installed on Delivery, you are required to inspect the Goods before signing the delivery note. You must inform us within 24 hours of delivery if you discover any surface defects or marks on the Goods. We will not be required to replace the Goods or refund the price paid if you fail to do this. The Goods will be your responsibility once they have been signed for. Where Goods are packaged, You must report any defects You discover on opening the packaging to us verbally within 24 hours and in writing within 48 hours of Delivery, otherwise You may invalidate the warranty given under clause 7.
5.11 Where We are unable to deliver the Goods we reserve the right to charge You a reasonable fee for storage of the Goods pending redelivery to You.
5.12 Risk in the Goods shall pass to You on Delivery.
5.13 We will not be required to replace the Goods or refund the price paid if you fail to follow Our instructions for the storage or the use of the Goods.
6. NON-DELIVERY
6.1 We shall not be liable for any non-delivery of the Goods unless written notice is given to Us within 7 days of the date when the Goods would in the ordinary course of events have been received.
6.2 Our liability (if any) for future costs and expenses in relation to non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note for the value of the price paid for such Goods.
7. QUALITY
7.1 We warrant that subject to these Conditions upon delivery and for a period of 12 months from the date of delivery the Goods will be:
7.1a of satisfactory quality within the meaning of the Sale of Goods Act 1979;
7.1b reasonably fit for the purpose for which the Goods are being sold by Us;
7.1c reasonably fit for the purpose for which the Goods are being bought if You had made known that purpose to Us in writing and We have confirmed acceptance of the purpose in writing.
7.2 Subject to clauses 5.10 and 5.11 We shall not be liable for a breach of any of the warranties in clause 7.1 unless:
7.2a You give written notice of the defect to Us within 7 days of when You discover or ought to have discovered the defect; and
7.2b We are given a reasonable opportunity after receiving the notice of examining the Goods and You (if asked to do so) return the Goods to Our place of business at Our cost.
7.3 We shall not be liable for a breach of the warranties in clause 7.1 where;
7.3a You make any further use of the Goods after giving such notice as required by clause 7.2(a);
7.3b the defect arises because You failed to follow Our oral or written instructions as to the storage, installation, use of, or maintenance of the Goods; or
7.3c You alter or repair the Goods without Our written consent.
7.4 Subject to the provisions of this clause 7, if any of the Goods do not conform with any of the warranties in clause 7.1, We shall at Our option arrange to repair or replace the Goods or refund the price of such Goods at the pro rata Contact rate provided that on Our request You shall (at Our cost and expense) return the Goods or the part of the Goods which is defective to Us.
8. LIMITATION OF LIABILITY
8.1 Subject to clause 7 the following provisions set out Our entire financial liability (including any acts or omissions of Our employees, agent and sub- contractors) to You in respect of:
8.1a any breach of these Conditions;
8.1b any representation, statement or tortuous act or omission including negligence arising under or in connection with these Conditions or the Contract.
8.2 Nothing in these Conditions excludes or limits Our liability for:
8.2a death or personal injury caused by Our or our employees, agents or subcontractors negligence;
8.2b fraud or fraudulent misrepresentation
8.2c breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
8.2d any matter in respect of which it would be unlawful for us to exclude or restrict liability.
8.3 Subject to clause 8.2:
8.3a Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance of the Contract shall be limited to the price of the Goods;
8.3b We shall not be liable to You for any claims, costs, expenses, liabilities, losses, proceedings and demands of any nature arising in connection with your Order or the use of the Website, or for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with your Order or the use of the Website.
8.4 You agree to indemnify and hold Us and Our subsidiaries, affiliates, officers, directors and employees harmless from any claims, costs, expenses, liabilities, losses, proceedings or demands (including all reasonable professional fees) made by any third party to or arising out of your breach of any terms of these Conditions or your violation of any law or the right of a third party.
9. DATA PROTECTION
9.1 You warrant that the details and information provided to Us are true and correct and that any future additions or alterations to Your detail and information will be true and correct, and submitted in a timely manner. We will not be liable to You for any reason arising from any instructions or Order Form supplied by You which is incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form or arising from their late arrival or non arrival or other fault of Yours.
9.2 It is Our policy to respect the privacy of Our customers. We will not disclose the details and information provided by You to any third party unless We are specifically required to do so by law or allowed to by law, or in response to a valid, legal request by a law enforcement or governmental authority or as may otherwise be authorised by You.
9.3 By accepting these Conditions, You acknowledge and consent that We may store and process Your personal details and information (for example Your name, address, telephone number and details of the service You use) in accordance with any data protection legislation and that We may use this information for marketing purposes , if you agree to this during the order process, about similar products that We provide, but you may stop this at any time by contacting us . We have a responsibility to keep Your information confidential and will only use it to offer Our products and services.
10. FORCE MAJEURE
10.1 We reserve the right to defer the date of delivery or to cancel your Order or reduce the volume of the Goods ordered by You (without liability to You) if We are prevented from or delayed in the carrying on of Our business due to circumstances outside Our reasonable control including, without limitation, strike, lockout or other industrial action (whether or not relating to either party’s workforce), terrorist activity, civil commotion, government action, acts of God, war or national emergency or other circumstances beyond Our reasonable control provided that, if the event in question continues for a continuous period in excess of three months then You shall be entitled to give notice in writing to terminate your Order and a full refund will be made.
11. MISCELLANEOUS
11.1 The headings to these Conditions are for convenience only and shall not affect their construction.
11.2 Where the context so admits reference in these Conditions to one gender shall include each other gender and words denoting the singular shall include the plural and vice-versa.
11.3 References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
11.4 Failure or delay by Us in enforcing or partially enforcing any provision of these Conditions shall not be construed as a waiver of any of Our rights under these Conditions. No waiver of any of these Conditions by either party shall be deemed to be a further or continuing waiver of any subsequent breach of that term or condition or any other term or condition.
11.5 You shall not be entitled to assign or sub-licence or part with possession of any of Your rights or liabilities hereunder. We shall be free to sub-contract the performance of all or part of Our obligations hereunder.
11.6 A person who is not party to these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Conditions.
11.7 Any copyright, trade-marks or other intellectual property rights contained on the Website and in all particulars, brochures or other material prepared by Us shall belong to Us unless otherwise stated.
11.8 These Conditions and any disputes or claims arising out of or in connection with their subject matter or the use of the Website are governed by and construed in accordance with the law of England.
11.9 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Conditions.
11.10 If any portion of these Conditions are held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Conditions shall not be affected.
12. NOTICES AND SERVICE
12.1 Any notice required under these Conditions or by statute, law or regulation shall (unless otherwise provided) be in writing and delivered in person, sent by registered mail or sent by email to:
12.1a In Our case, to Our registered office or such address as We may from time to time designate by notice hereunder;
12.1b In Your case, to Your registered office (if You are a limited company) or (in any other case) to any of Your addresses set out in any document which forms part of these Conditions or such other address as shall be notified by You to Us.
12.2 Any such notice shall be considered to have been received if sent by pre-paid first class post or other next working day delivery service at 9am on the second business day after posting or if sending by email at 9am on the next business day after transmission.
HOME LEISURE DIRECT
ENTRY TO OUR £100 PRIZE DRAW
The Promoter is Home Leisure Direct Limited.
No purchase necessary to enter the Prize Draw.
Entry into the Prize Draw is open to residents of England, Scotland, Wales and Northern Island, who are at least 18 years of age, with the exception of employees of the Promoter and their families, or any associated companies.
Only one Prize Draw entry per person.
To enter, simply fill out the subscriber form.
All valid and correctly completed entries received by the quarter's closing date will be entered into a prize draw which will take place on the last day of the month in June, September, December and March. The first entry drawn at random will be the winner.
The winner will be notified via email, to the address used to sign up to the competition, by the 3rd of the month following the close of the quarter's Prize Draw.
The prize for the winner is 1 x £100 Gift Card to spend online at www.homeleisuredirect.com.
Prizes are subject to availability?and?there is no cash prize alternative. In the event of unforeseen circumstances, the Promoter reserves the right (a) to substitute alternative prizes of equivalent or greater value?and?(b) in exceptional circumstances to amend or foreclose the promotion without notice. No correspondence will be entered into.?
Home Leisure Direct's decision is final.
By entering this?competition, all entrants consent to the use of their personal data by the Promoter for the purposes of running the?competition?as detailed in these?terms?and?conditions.? Details on how we process the personal data of entrants can be found in our Privacy Policy. The winner may be required to partake in media activity relating to the competition, and by entering actively agrees to this.
Promoter may disqualify any entrant whose entry does not comply with these?terms?and?conditions?(in Promoter’s sole opinion) or who, in Promoter’s sole determination, has acted in a manner that is fraudulent, dishonest or unjust to other entrants including, without limitation, tampering with the operation of the prize draw, manipulating or rigging votes, hacking, deceiving, cheating or by harassing or threatening other entrants or a representative of Promoter.?
By entering the prize draw each entrant agrees to be bound by these?terms?and?conditions.?
