Terms and Conditions

This website and any mobile application (collectively, this “Site”) is owned by Deep Blue Pool Supplies (“We”, “Us” or “Deep Blue Pool Supplies”). We are providing you with access to this Site and our online store (together, our “Services”) subject to the following terms and conditions. By browsing, accessing, using, registering for or purchasing merchandise on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). So, please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or purchase merchandise from the Site. You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.

Privacy Policy
Our Privacy Policy, which also governs your visit to Our Site, can be found at https://www.deepbluepoolsupplies.co.uk/privacy/ . Please review our Privacy Policy for information on how We collect, use and share information about our users.

Use of This Site
Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this Site. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on this Site. You may not use, frame or utilize framing techniques to enclose any of Our trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing Our name, trademark, or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.

Retail customer Terms and Conditions

Account
In order to access some features of this Site, you may be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register, you agree to provide Us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

Electronic Communication
When you use this Site, or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.

User Content
This Site may include features and functionality (“Interactive Features”) that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites (“User Content”). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that your use any Interactive Features at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:

Rights in User Content
Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site. By posting User Content to this Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.

Feedback
Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively “Feedback”). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Restrictions on Rights to Use
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):

We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.

Ownership
As between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the “Site Content”), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights.

Purchases on this Site
You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you. The risk of loss and title for items purchased by you on this Site pass to you upon our delivery of the items to the carrier pursuant to a shipment contract. We charge sales tax for merchandise ordered on this Site based on the applicable state sales tax rate of the location to which the order is being shipped. When We ship to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on this Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs. Only valid credit cards or other payment method acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. All returns are governed by our Return Policy, which can be found detailed below. We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund. All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.

Returns
In the unlikely situation your item is faulty or damaged on arrival you can return the item free of charge within 14 days from purchase. The delivery charges will be covered by the customer and the item must be returned in the condition it was delivered with an RMA code provided by the support team. If support accept a return for non faulty or damaged items at their discretion, any refund due will be subject to a charge for the initial delivery to the customer.

Product upgrades and exchanges
During busy periods we may provide an alternative brand of the product you have purchased, at least of the same or better quality. If this is not suitable please contact us with your order number

Termination
You may terminate the Terms at any time by closing your account, discontinuing your use of this Site and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.

Links
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.

Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (“Our Related Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that the We shall have the right to control of the defense or settlement of any third party Claims.

Disclaimers
Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We does not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.

Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under Our applicable returns and exchanges policies. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

Remedies
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.

Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.

Severability
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

Miscellaneous
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and Us regarding use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. These Terms include and incorporate by reference Our Privacy Policy, which can be found on our privacy policy page, and any notices regarding the Site.

Trade Terms and Conditions

1 INTERPRETATION:

1.1 In these Conditions, the following words and phrases shall have the following meanings:

“Contract” means the Contract (subject to these Conditions) for the sale and purchase of Goods and/or Services;

“Customer” means the person or company specified in the Quotation;

“Delivery” has that meaning attributed to it by Clause 7.1 below;

“Delivery Location “means the locations specified in the Quotation;

DEEP BLUE POOL SUPPLIES’ means Deep Blue Pool Supplies part of Ocean Wave Limited (Company Number 05941984) whose registered office is at Unit 2, Hermitage Business Park, Box, Wiltshire, SN13 8DT, UK

“Equipment” means the equipment specified in the Quotation;

“Goods” means the Equipment and or any Parts;

“Parts” means the parts specified in the Quotation;

“Price” means the Price specified in the Quotation, payable by the Customer in consideration for purchasing the Goods and/or Services pursuant to a Contract;

“Quotation” means the quotation on the first page of this document comprising details of the Customer; Delivery, Delivery Location, Goods, Services and Price;

“Services” means the consultancy, design and installation services specified in the Quotation.

1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.

2 APPLICATION OF CONDITIONS

2.1 Unless otherwise expressly agreed in writing by a director of DEEP BLUE POOL SUPPLIES, any Contract shall be subject to these binding Conditions. These Conditions shall apply to the exclusion of all other terms and conditions offered on behalf of the Customer, which for the avoidance of doubt shall not be binding.

2.2 The Customer shall not for any purpose be entitled to rely upon any verbal representations made to it by DEEP BLUE POOL SUPPLIES or any of its servants or agents.

3 ACCEPTANCE / CANCELLATION

3.1 No Quotation submitted by DEEP BLUE POOL SUPPLIES shall remain open for acceptance by the Customer beyond a period of thirty (30) days from the despatch or other communication thereof to the Customer.

3.2 No Quotation submitted by DEEP BLUE POOL SUPPLIES shall be deemed to have been accepted by the Customer unless and until DEEP BLUE POOL SUPPLIES submits an order acknowledgement in writing confirming the Order, at which point, the Quotation shall become a binding Contract.

3.3. The Customer shall have no contractual right to cancel a Contract or (save as provided in Clause 5 below) to return Goods delivered under it. If, nevertheless, DEEP BLUE POOL SUPPLIES accepts such a cancellation it will (without prejudice to its other rights and remedies, including full compensation for any liability to its own suppliers, charge a sum equal to thirty percent (30%) of the Price of the Goods in question as a cancellation charge to cover handling and other expenses. If DEEP BLUE POOL SUPPLIES agrees to accept the return of the Goods such acceptance is conditional on the Goods being found on return to be in perfect (and resalable) condition. If DEEP BLUE POOL SUPPLIES does not accept such cancellation, the Customer shall indemnify DEEP BLUE POOL SUPPLIES against all loss (including loss of profit), costs (including the cost of labour and materials used), damages, charges and expenses incurred by DEEP BLUE POOL SUPPLIES as a result of the unauthorised cancellation.

4 PRICE

4.1 Subject to Clause 4.2 below, the Price payable for the Goods and/or Services, is the Price specified in the Quotation. Value Added Tax shall be payable in addition to any specified Price.

4.2 Where, between the date of the Quotation and the date of delivery, the material cost to DEEP BLUE POOL SUPPLIES for any of the Goods (or component parts used in their manufacture) sold under a Contract is increased, DEEP BLUE POOL SUPPLIES shall be entitled to increase the Price by no more than the amount of such increase. If the resulting increase is greater than ten per cent (10%) of the total Price, DEEP BLUE POOL SUPPLIES shall give the Customer notice of the increase in writing and the Customer shall be entitled by counter-notice given within seven (7) days of such notice to cancel the Contract, without further liability.

5 CREDIT TERMS

5.1 The Customer may make an application to DEEP BLUE POOL SUPPLIES for credit facilities in the form of a ‘Credit Account’.

5.2 When assessing whether or not to grant a Credit Account to the Customer, DEEP BLUE POOL SUPPLIES shall request from the Customer certain information, which may include (without limitation); a company name, registered office address and registration number; business proprietors or directors’ name and address; or an individual’s name and address (“Personal Data”).

5.3 Once granted, any extension of credit to the Customer in the form of a Credit Account may be changed or withdrawn at any time by DEEP BLUE POOL SUPPLIES. The level of the Credit Account shall be determined at the entire discretion of DEEP BLUE POOL SUPPLIES.

5.4 Any Personal Data may be disclosed by DEEP BLUE POOL SUPPLIES to any credit checking agency or business for the purpose of making a decision as to whether or not to extend credit facilities to the Customer. It is in DEEP BLUE POOL SUPPLIES’s legitimate interests to process the Personal Data in this way. For more information about how DEEP BLUE POOL SUPPLIES processes your Personal Data, please review the Privacy Notice at https://www.deepbluepoolsupplies.co.uk/privacy-policy/

5.5 DEEP BLUE POOL SUPPLIES may utilise the Personal Data to contact the Customer by e-mail, telephone or in writing for the purpose of communicating details of its Goods and Services. If the Customer wishes to “opt-out” of receiving such communications, it must do so by e-mail to [email protected].

6 PAYMENT TERMS

6.1 If the Customer does not already have a Credit Account with DEEP BLUE POOL SUPPLIES, payment of the Price by the Customer, shall be as follows:

6.1.1 if the Price of the Goods and/or Services is less than one thousand pounds (£1000.00), or the Goods are in-stock or have already been manufactured, in full prior to delivery; or

6.1.2 if the Goods are to be supplied to specification, or especially ordered and the value of Goods ordered exceeds one thousand (£1000.00):

6.1.2.1 30% of the Price shall be paid on entry into the Contract (by way of deposit); and

6.1.2.2 50% of the Price shall be paid upon commencement of the installation process; and

6.1.2.3 20% of the Price shall be paid prior to ‘live’ commissioning or where applicable, delivery of the Goods.

6.2 If any Price, exceeds the level of credit available to the Customer (“the Difference”), then the Customer acknowledges that the Difference shall be paid subject to the provisions of Clause 6.1 above.

6.3 If the Customer does have a Credit Account with DEEP BLUE POOL SUPPLIES, the Customer will be invoiced on delivery. PAYMENT IS STRICTLY THIRTY (30) DAYS FROM THE DATE OF INVOICE.

6.4 Time for payment of any invoice shall be of the essence. DEEP BLUE POOL SUPPLIES reserves the right to suspend delivery (or future deliveries) where payment has not been received (or becomes overdue).

6.5 No payment shall be deemed to have been received until DEEP BLUE POOL SUPPLIES has received cleared funds in full.

6.6 Where the Customer fails to make payment in accordance with the terms of this Clause 6, DEEP BLUE POOL SUPPLIES reserves the right to recover from the Customer:

6.6.1 statutory interest at 8% above the Bank of England base rate at the date the debt becomes overdue, pursuant to the Late Payment of Commercial Debts (Interest) Act 1998; and 6.6.2 all legal, court expenses and all other costs of recovering the debt (or the Products themselves) incurred by DEEP BLUE POOL SUPPLIES.

6.7 The Customer shall not be entitled by reason of any set-off, counterclaim, abatement, or deduction to withhold payment of any amount due to Complete Pool Controls Ltd.

6.8 Please note that payments by business credit card will incur a transaction charge of 2% of the order value.

7 PERFORMANCE & DELIVERY

7.1 Delivery shall take place when the Goods are delivered to the Delivery Location as specified in the Quotation.

7.2 Time of Delivery shall not be of the essence. Unless otherwise expressly agreed in writing any delivery date specified, quoted or agreed, shall be an ‘Estimate Only’ and shall not be binding on DEEP BLUE POOL SUPPLIES. DEEP BLUE POOL SUPPLIES shall not be liable to the Customer in any way, for its failure to deliver the Goods on a particular date or dates.

7.3 The Customer shall accept Delivery of the Goods if they are tendered later than any estimated Delivery date. If the Customer refuses or fails to take any necessary action on its part for accepting delivery, DEEP BLUE POOL SUPPLIES shall be entitled to terminate the Contract with immediate effect, to dispose of the Goods as it sees fit and recover from the Customer any losses (including loss of profit) and additional costs incurred as a result of such refusal or failure.

7.4 The Customer shall inspect the Goods on Delivery and sign an acceptance or Delivery note endorsing thereon a full note of any shortage or damage. Such note shall be conclusive evidence that the Goods are of the correct quantity and free from reasonably apparent defects and damage except as set out in such endorsement. If such note is not signed it will be deemed to have been signed without endorsement.

7.6. If DEEP BLUE POOL SUPPLIES fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event (as defined in clause 14.3) or the Customer’s failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.

8 TITLE, PROPERTY & RISK

8.1 Risk in the Goods shall pass to the Customer on Delivery.

8.2 Notwithstanding Delivery and passing of risk, the Goods shall remain the property of DEEP BLUE POOL SUPPLIES until the Customer pays to DEEP BLUE POOL SUPPLIES the agreed Price for the Goods (together with any accrued interest) and all other amounts owed by the Customer to DEEP BLUE POOL SUPPLIES in respect of any Contract.

8.3 Until title in the Goods has passed, the Customer shall be deemed only to be in possession of the Goods in a fiduciary capacity and shall:

8.3.1 not part with possession of the Goods;

8.3.2 take proper care of the Goods and take all reasonable steps to prevent any damage to or deterioration of it;

8.3.3 keep the Goods free from any charge, lien or other encumbrance and store the Goods in such a way as to show clearly that it belongs to DEEP BLUE POOL SUPPLIES;

8.3.4 keep the Goods insured against all risks for their full price on DEEP BLUE POOL SUPPLIES’s behalf from the date of delivery;

8.3.5 give DEEP BLUE POOL SUPPLIES such information relating to the Goods and/or the financial position of the Customer as DEEP BLUE POOL SUPPLIES may request from time to time require.

8.4 DEEP BLUE POOL SUPPLIES reserves the right to repossess and resell any of the Goods to which it has retained title.

8.5 The Customer grants an irrevocable right and licence to DEEP BLUE POOL SUPPLIES and its employees and agents to enter the Customer’s premises with or without vehicles during normal business hours for the purpose of inspecting and/or repossessing Goods to which it has retained title. This right and licence shall continue to subsist notwithstanding the termination for any reason of any Contract and is without prejudice to any accrued rights DEEP BLUE POOL SUPPLIES may have.

8.6 Whilst the Customer is in possession of the Goods with DEEP BLUE POOL SUPPLIES’s consent (but not otherwise) the Customer may in the ordinary course of its business incorporate the Goods into any equipment, installation or premises, provided that the Customer shall pay the proceeds of such sales to DEEP BLUE POOL SUPPLIES forthwith upon receipt.

8.7 The Customer acknowledges that as a consequence of its fiduciary relationship with DEEP BLUE POOL SUPPLIES it is under a common law duty to DEEP BLUE POOL SUPPLIES to hold the proceeds of any such sale on trust for DEEP BLUE POOL SUPPLIES and not to mingle such proceeds with any other monies or pay them into an overdrawn bank account.

9 SPECIFICATIONS & SUITABILITY

9.1 The assessment of the suitability, quality and fitness for a particular purpose of the Goods, shall be the Customer’s responsibility irrespective of any samples, specifications, formulations, data, literature and statements as to the content, suitability, performance or otherwise given by DEEP BLUE POOL SUPPLIES.

9.2 Goods are supplied on condition that the Customer undertakes at all times to take and comply with (and draw to any third parties’ attention and require them to take and comply with) all instructions and recommendations issued with or contained on or relating to the Goods or relevant data sheets, and all reasonable and prudent precautions as to their installation, use, maintenance, cleaning and otherwise.

9.3 All sizes, colours, finishes, brochures and promotional or other literature are as accurate as possible within normal manufacturing tolerances and, in keeping with DEEP BLUE POOL SUPPLIES’s policy of continual development. DEEP BLUE POOL SUPPLIES reserves the right to alter such specifications and to supply Goods to the Customer reflecting such altered specifications without prior notice to the Customer provided that such alterations do not materially affect the characteristics of the Goods. Slight deviations within accepted tolerances shall not entitle a Customer to cancel any Contract, return the Goods or claim compensation.

9.4 Any typographic, clerical or other error, omission or mistake in sales literature, Quotation or price list, acceptance of offer, invoice, document or information issued by DEEP BLUE POOL SUPPLIES shall be subject to correction without any liability on the part of DEEP BLUE POOL SUPPLIES.

10 CUSTOMER’S OBLIGATIONS

10.1 The Customer shall:

10.1.1 ensure that the terms of the Order and any information it provides in the specification of the Goods and Services are complete and accurate;

10.1.2 co-operate with DEEP BLUE POOL SUPPLIES in all matters relating to the Services;

10.1.3 provide DEEP BLUE POOL SUPPLIES, its employees, agents, consultants and subcontractors, with access to the Customer’s premises, office accommodation and other facilities as reasonably required by DEEP BLUE POOL SUPPLIES to provide the Services;

10.1.4 provide DEEP BLUE POOL SUPPLIES with such information and materials as DEEP BLUE POOL SUPPLIES may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;

10.1.5 prepare the Customer’s premises for the supply of the Services;

10.1.6 keep all materials, equipment, documents and other property of DEEP BLUE POOL SUPPLIES (“DEEP BLUE POOL SUPPLIES Materials”) at the Customer’s premises in safe custody at its own risk, maintain DEEP BLUE POOL SUPPLIES Materials in good condition until returned to DEEP BLUE POOL SUPPLIES, and not dispose of or use DEEP BLUE POOL SUPPLIES Materials other than in accordance with DEEP BLUE POOL SUPPLIES’s written instructions or authorisation.

10.2 If DEEP BLUE POOL SUPPLIES’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (“Customer Default”):

10.2.1 without limiting or affecting any other right or remedy available to it, DEEP BLUE POOL SUPPLIES shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays DEEP BLUE POOL SUPPLIES’s performance of any of its obligations;

10.2.2 DEEP BLUE POOL SUPPLIES shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from DEEP BLUE POOL SUPPLIES’s failure or delay to perform any of its obligations as set out in this clause 10.2; and

10.2.3 the Customer shall reimburse DEEP BLUE POOL SUPPLIES on written demand for any costs or losses sustained or incurred by DEEP BLUE POOL SUPPLIES arising directly or indirectly from the Customer Default.

11 INSTALLATION & SITE WORK

11.1 The Customer shall be responsible for complying with all statutory requirements and third party rights in connection with the sitting, installation, erection and use of the Goods.

12 WARRANTY & DEFECTIVE GOODS

12.1 Save as set out in clause 15, all conditions, warranties or other terms whether, express or implied, statutory or otherwise (including those implied by the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982), including terms relating to quality or fitness for purpose, are expressly excluded to the fullest extent permissible by law.

12.2 DEEP BLUE POOL SUPPLIES warrants that the Services shall be undertaken with reasonable skill and care and in accordance with any specification agreed in writing.

12.3 DEEP BLUE POOL SUPPLIES warrants to the Customer that all Goods shall be free from defects in material and workmanship under normal conditions of use for a period of one (1) year from the date of Delivery, provided that:

12.3.1 where applicable, any Goods commissioned for manufacture were not manufactured in accordance with any specification document delivered by the Customer, irrespective of whether or not such specification document is ‘signed off’ as complete; and

12.3.2 the defect is not attributable to any defective third party goods, components installations, which are not the contractual responsibility of DEEP BLUE POOL SUPPLIES; and

12.3.3 the defect is not attributable to fair wear and tear or any fault or damage arising from impact, modification, accident, neglect, abnormal working conditions, inappropriate working conditions, inappropriate use or treatment, incorrect handling or exposure to such other substances as many be injurious to such materials; and

12.3.4 the claim is notified in writing to DEEP BLUE POOL SUPPLIES within ten (10) days of the date of discovery of the defect; and

12.3.5 DEEP BLUE POOL SUPPLIES is given the opportunity to examine the Goods in situ, or arrange for their collection.

12.4 If upon inspection and examination DEEP BLUE POOL SUPPLIES deems that the defects are due to any fault of its own manufacture or other workmanship, it shall at its own cost (and at its option) replace or repair the same and refund to the Customer any cost of carriage incurred by it in returning the Goods.

12.5 If upon inspection and examination DEEP BLUE POOL SUPPLIES deems that the Goods are not defective, the costs of carriage (or collection), inspection and of any work done shall be chargeable to the Customer, such charges to be calculated on a time and materials basis.

11.6 In the case of international supply contracts (as defined by the Unfair Contract Terms Act 1977), such costs of carriage or collection or inspection shall in any event (irrespective of whether or not a defect exists) be borne by the Customer.

12.7 In the case of defective Goods not manufactured by DEEP BLUE POOL SUPPLIES, the Customer shall be entitled, so far as possible, to the benefit of any guarantees given by the manufacturers. DEEP BLUE POOL SUPPLIES will on request notify the Customer of the terms of any such guarantees.

13 INSURANCE

13.1 DEEP BLUE POOL SUPPLIES is not liable for any public or product liability for the products offered.

14 LIMITATION OF LIABILITY

14.1 Subject to clause 14.4, DEEP BLUE POOL SUPPLIES’s total liability to the Customer (including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise) shall not exceed £0.

14.2 Subject to clause 15.2 below, DEEP BLUE POOL SUPPLIES shall not be liable to Customer for any omission, act of tort (including negligence), breach of contract, misrepresentation, resulting in:

14.2.1 loss or damage incurred by the Customer attributable to events which is beyond the reasonable control of DEEP BLUE POOL SUPPLIES;

14.2.2 loss or damage incurred by the Customer attributable to any third party claims;

14.2.3 loss or damage to the Customers plant or equipment attributable to the improper fitment or installation of the Goods;

14.2.4 loss or damage incurred by the Customer attributable to any drawing or specification delivered pursuant to the Services;

14.2.5 loss or damage incurred by the Customer which is attributable to defects arising from fair wear and tear,

wilful damage, negligence, abnormal working conditions, failure to follow DEEP BLUE POOL SUPPLIES’s and/ or manufacturer’s instruction, misuse or alteration or repair of the Goods without DEEP BLUE POOL SUPPLIES’s approval;

14.2.6 any direct or indirect loss of profits or anticipated savings or other economic loss or any indirect or consequential loss suffered by Customer including (without limitation) loss of business opportunity, loss of business or loss of reputation arising out of the supply of the Goods or Services to the Customer by DEEP BLUE POOL SUPPLIES.

14.3 Neither party shall be in breach of the Contract nor liable for delay in performing or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control (a Force Majeure Event). In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 8 weeks, the party not affected may terminate the Contract by giving 7 days’ written notice to the affected party.

14.4 Nothing in this Agreement shall operate to exclude or restrict DEEP BLUE POOL SUPPLIES’s liability for: fraud or deceit; death or personal injury resulting from negligence; or 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 (title and quiet possession); or defective products under the Consumer Protection Act 1987.

15 CONSUMERS

15.1 DEEP BLUE POOL SUPPLIES recognises that if a Consumer enters into a Contract in its capacity as a natural person for purposes which are outside the scope of business (“Consumer”) and buys Goods or Services online, by phone or by email, then the following provisions of this clause 15 will apply.

15.2 The Consumer shall have a legal right to change its mind within 14 days and receive a refund under the Consumer Contracts Regulations 2013.

15.3 The Consumer’s right to change its mind does not apply in respect of: 

a)       Services, once these have been completed, even if the cancellation period is still running;

b)       Products sealed for health protection or hygiene purposes, once these have been unsealed after the Consumer has receive them; and

c)       Any products which become mixed inseparably with other items after their Delivery.

15.4 If the Consumer has bought Services, the Consumer has 14 days after the day DEEP BLUE POOL SUPPLIES email the Consumer to confirm that DEEP BLUE POOL SUPPLIES accept the order. However, once DEEP BLUE POOL SUPPLIES have completed the Services, the Consumer cannot change its mind, even if the period is still running. If the Consumer cancels after DEEP BLUE POOL SUPPLIES have started the Services, the Consumer must pay DEEP BLUE POOL SUPPLIES for the Services provided up until the time the Consumer tells DEEP BLUE POOL SUPPLIES that it has changed its mind.

15.5 If the Consumer has bought Goods, the Consumer has 14 days after the day the Consumer (or someone nominated by the Consumer) receives the Goods, unless:

         i.            The Goods are split into several deliveries over different days. In this case the Consumer will have until 14 days after the day the Consumer (or someone nominated by the Consumer) receives the last Delivery.

The Goods are for regular Delivery over a set period. In this case the Consumer has until 14 days after the day the Consumer (or someone nominated by the Consumer) receives the first Delivery of the Goods.

15.6 For the Consumer to exercise its right to cancel, the Consumer must let DEEP BLUE POOL SUPPLIES know by doing one of the following:

a)       Phone or email. Call customer services on 07733 062074 or email at [email protected]. The Consumer must provide its name, home address, details of the order and phone number and/or email address.

b)       Online. Complete the Cancellation Form on DEEP BLUE POOL SUPPLIES’s website.

c)       By post. Print off the Cancellation Form and post it to DEEP BLUE POOL SUPPLIES at the address on the form. Or simply write to DEEP BLUE POOL SUPPLIES at that address, including details of what was bought, when it was ordered or received and the Consumer’s name and address.

15.7 If the Consumer ends the contract after products have been dispatched to the Consumer or the Consumer has received them, the Consumer must return them to DEEP BLUE POOL SUPPLIES. The Consumer must either post them back to DEEP BLUE POOL SUPPLIES at Unit 4 The Park, Stoke Orchard, Bishops Cleeve, Gloucestershire, GL52 7RS or (if they are not suitable for posting) allow DEEP BLUE POOL SUPPLIES to collect them from the Consumer. The Consumer must call customer services on 07733 062074 or email DEEP BLUE POOL SUPPLIES at [email protected] for a return label or to arrange collection. The Consumer must send off the Goods within 14 days of telling DEEP BLUE POOL SUPPLIES that it wishes to end the contract.

15.8 The Consumer must pay the costs of return. If DEEP BLUE POOL SUPPLIES are collecting the product(s) from the Consumer, DEEP BLUE POOL SUPPLIES will charge the Consumer the direct cost to DEEP BLUE POOL SUPPLIES of collection.

15.9 If the Consumer is entitled to a refund under these terms, DEEP BLUE POOL SUPPLIES will refund the Consumer the price paid for the products including Delivery costs, by the method used for payment. However, DEEP BLUE POOL SUPPLIES may make deductions from the price, as described below.

15.10 DEEP BLUE POOL SUPPLIES may reduce the refund of the price (excluding Delivery costs) to reflect any reduction in the value of Goods, if this has been caused by the Consumer handling them in a way which would not be permitted in a shop. If DEEP BLUE POOL SUPPLIES refund the Consumer the price before DEEP BLUE POOL SUPPLIES are able to inspect the Goods and later discover that the Consumer has handled them in an unacceptable way, the Consumer must pay DEEP BLUE POOL SUPPLIES an appropriate amount.

15.11 The maximum refund for Delivery costs will be the costs of Delivery by the least expensive Delivery method offered by DEEP BLUE POOL SUPPLIES.

15.12 Where the product is a Service, DEEP BLUE POOL SUPPLIES may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when the Consumer told DEEP BLUE POOL SUPPLIES that it had changed its mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

15.13 If the products are Goods and DEEP BLUE POOL SUPPLIES have not offered to collect them, the refund will be made within 14 days from the day on which DEEP BLUE POOL SUPPLIES receive the product back from the Consumer or, if earlier, the day on which the Consumer provide DEEP BLUE POOL SUPPLIES with evidence that it has sent the product back to DEEP BLUE POOL SUPPLIES. In all other cases, the refund will be made within 14 days of the Consumer telling DEEP BLUE POOL SUPPLIES that it has changed its mind.

15.14 DEEP BLUE POOL SUPPLIES recognises that it is under a legal duty to supply products that are in conformity with this contract. Please click the link here for a summary of a Consumers key legal rights in relation to the products. Nothing in these terms will affect the Consumers legal rights.

15.15 If the Consumer wishes to exercise its right to reject products, the Consumer must either post them back to DEEP BLUE POOL SUPPLIES or (if they are not suitable for posting) allow DEEP BLUE POOL SUPPLIES to collect them from the Consumer. DEEP BLUE POOL SUPPLIES will pay the costs of postage or collection. The Consumer must call customer services on 07733 062074 or email DEEP BLUE POOL SUPPLIES at [email protected] for a return label or to arrange collection.

15.16 If DEEP BLUE POOL SUPPLIES fail to comply with these terms, DEEP BLUE POOL SUPPLIES are responsible for loss or damage suffered by the Consumer that is a foreseeable result of DEEP BLUE POOL SUPPLIES breaking this contract or failing to use reasonable care and skill, but DEEP BLUE POOL SUPPLIES are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both DEEP BLUE POOL SUPPLIES and the Consumer knew it might happen, for example, if the Consumer discussed it with DEEP BLUE POOL SUPPLIES during the sales process.

15.17 DEEP BLUE POOL SUPPLIES do not exclude or limit in any way liability to the Consumer where it would be unlawful to do so, this includes liability for death or personal injury caused by DEEP BLUE POOL SUPPLIES’s negligence for fraud or fraudulent misrepresentation or for breach of the Consumer’s legal rights in relation to the products.

15.18 If DEEP BLUE POOL SUPPLIES are providing Services in the Consumer’s property, DEEP BLUE POOL SUPPLIES will make good any damage to the Consumer’s property caused by DEEP BLUE POOL SUPPLIES while doing so. DEEP BLUE POOL SUPPLIES are not responsible for the cost of repairing any pre-existing faults or damage to the Consumer’s property that DEEP BLUE POOL SUPPLIES discover while providing the Services.

15.19 DEEP BLUE POOL SUPPLIES only supply the products to the Consumer for domestic and private use. If the Consumer uses the products for any commercial, business or re-sale purpose, DEEP BLUE POOL SUPPLIES’s liability to the Consumer will be limited as set out in clause 14 and this clause 15 will not apply.

15.20 To the extent that there is any conflict between this clause 15 and the other terms of the Contract and the Customer is a Consumer, this clause 15 will prevail.

16 EXPORT ORDERS

16.1 The Customer shall be exclusively responsible for (and shall indemnify DEEP BLUE POOL SUPPLIES against) all customs duties and other costs of importation and costs of obtaining confirmation of payments, letters of credit for obtaining all licences relevant to the sale and Delivery of and payment for the Goods (Delivery being subject to the Customer obtaining all such licences).

16.2 Unless otherwise agreed in writing payment for international sales shall not be deemed completed unless payment in full has either been received by DEEP BLUE POOL SUPPLIES or been secured by irrevocable letter of credit (payable on sight) issued and confirmed by a bank registered in England or Wales.

16.3 In relation deliveries made outside the United Kingdom, DEEP BLUE POOL SUPPLIES’s Delivery terms shall conform to DAP Incoterms 2020 unless otherwise agreed in writing.

17 GENERAL

17.1 These Conditions shall be interpreted without reference to their headings, which are for convenience only.

17.2 The Customer may not assign any Contract or any rights there under without the prior written consent of

DEEP BLUE POOL SUPPLIES.

17.3 Any Contract shall be governed by English law and the Customer shall submit to the exclusive jurisdiction of the English Courts.

17.4 Any provision of these Conditions held by a court of law to be invalid shall be severable and shall to the extent necessary to prevent such invalidity be deemed to be omitted from these Conditions and any liability which would otherwise have been excluded or limited shall nevertheless be subject to the remaining provisions of these Conditions.

17.5 The provisions of these Conditions shall remain in full force and effect notwithstanding that the parties’ obligations under any Contract may have been performed or discharged. 17.6 The waiver of any breach of any of these Conditions or the non-enforcement of any of these Conditions shall not prevent the subsequent enforcement of that Condition or the exercise of any right arising from that breach of shall not be deemed a waiver of any subsequent breach.

Complete Pool Controls will store and process information obtained by us or which is given by you in your dealings with us on the DEEP BLUE POOL SUPPLIES. Please see the Privacy Notice at https://www.deepbluepoolsupplies.co.uk/privacy-policy/

Questions
Questions regarding these Terms, Our Privacy Policy, or other policy related material can be directed to our support staff by emailing us at: [email protected].