Southsea Bathing Hut (“www.southseabathinghut.co.uk”) owns and operate this Website. This document governs your relationship with www.southseabathinghut.co.uk (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.southseabathinghut.co.uk will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.southseabathinghut.co.uk or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by [https://www.southseabathinghut.co.uk] and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with www.southseabathinghut.co.uk you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.southseabathinghut.co.uk retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.southseabathinghut.co.uk or may in some cases be a third party. Where a contract is made with a third party www.southseabathinghut.co.uk is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been paid for by you. Only those goods listed in the confirmation e-mail sent at the time of payment will be included in the contract formed.
(b) Pricing and Availability
All products displayed on www.southseabathinghut.co.uk are subject to availability.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Southsea Bathing Hut shall deliver products ordered via www.southseabathinghut.co.uk to the delivery address set out in the Order Confirmation on or around 3-5 working days following receipt of your order confirmation. For the avoidance of doubt this shall be an estimate only and time for delivery cannot be guaranteed within this timescale. If your order is urgent, contact firstname.lastname@example.org quoting your order number, and requesting prompt delivery within 5 working days.
Delays in the delivery of an Order shall not entitle the Customer to: (a) refuse to take delivery of the Order; or (b) claim damages; or (c) terminate these Terms. The Supplier shall have no liability for any failure or delay in delivering an Order to the extent that such failure or delay is caused by the Customer’s failure to comply with its obligations under these Terms.
If the Customer fails to take delivery of an Order then, except where such failure or delay is caused by the Supplier’s failure to comply with its obligations under these Terms: (a) delivery of the Order shall be deemed to have been completed at 9.00am on the date on which the Supplier attempts to make Delivery of the ordered products; and (b) the Supplier shall store the Order until delivery takes place, and charge the Customer for all related costs and expenses (including insurance) and any costs of redelivery.
Returns of packaging materials shall be at the Supplier’s expense.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
The images of all products displayed on this Website are for illustrative purposes only. Although every effort is made to display colours accurately, the Supplier cannot guarantee that the Customers computer accurately displays the colour of the products. The products may vary slightly from the images on the website.
Unless expressly stated to the contrary to the fullest extent permitted by law www.southseabathinghut.co.uk and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.southseabathinghut.co.uk’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Limitation of Liability
Where the Customer is purchasing Southsea Bathing Hut Products as a consumer, if the Supplier fails to comply with these Terms, the Supplier is responsible for loss or damage that the Customer suffers that is a foreseeable result of the Suppliers breach of these Terms or the Suppliers negligence, but the Supplier is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by the Customer and the Supplier at the time the Order was accepted.
The Customer acknowledges and agrees that the Supplier only supplies the Products to consumers for domestic and private use. The Customer agrees not to use the product for any commercial, business or re-sale purposes, and the Supplier shall have no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The Customer does not in any way exclude or limit liability for: (a) death or personal injury caused by the Suppliers negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and (e) defective products under the Consumer Protection Act 1987.
The Customer has legal rights in relation to Southsea Bathing Hut Products that are faulty or not as described. Advice about consumer legal rights is available from the Customers local citizens Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights.
If the Customer is purchasing products as a consumer, the Customer may cancel a Contract at any time within 7 days beginning on the date it receives the Goods. If the Customer cancels a Contract pursuant to this clause it must notify the Supplier in writing and return the Goods to the Supplier, at its own expense, within 14 days. A Customer is not entitled to cancel orders for Goods that have been specifically manufactured, modified or otherwise personalised for the Customer by the Supplier. This provision does not affect any statutory rights of a Customer acting as a consumer
Title and Risk
Risk in the Southsea Bathing Hut Products shall pass to the Customer on Delivery. Title to the Products shall not pass to the Customer until the Supplier has received payment in full (in cash or cleared funds) for such Spa Products.
Until title to the Southsea Bathing Hut]Products has passed to the Customer, the Customer shall: (a) hold such Products on a fiduciary basis as the Supplier’s bailee; (b) store such Products separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier’s property; (c) not remove, deface or obscure any identifying mark or packaging on or relating to such Products; and (d) maintain such Products in satisfactory condition and keep them insured on the Supplier’s behalf for their full price against all risks with an insurer that is reasonably acceptable to the Supplier. The Customer shall obtain an endorsement of the Supplier’s interest in the Products on its insurance policy, subject to the insurer being willing to make the endorsement. On request the Customer shall allow the Supplier to inspect such Products and the insurance policy, but the Customer may resell or use the Products in the ordinary course of its business.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright.
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.southseabathinghut.co.uk and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.southseabathinghut.co.uk.
You agree to indemnify, defend and hold harmless www.southseabathinghut.co.uk, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
www.southseabathinghut.co.uk shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Contact email@example.com or call 023 9229 3322 in the first instance.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.southseabathinghut.co.uk. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.southseabathinghut.co.uk
Southsea Bathing Hut Limited
Company No: 09362846
2c Albert Road, Southsea, Portsmouth, Hampshire PO5 2SH