WEBSITE TERMS AND CONDITIONS OF SALE
These terms and conditions apply to any products or services you may purchase from us through our website, www.ehottub.eu Please read all of these terms and conditions carefully before you order any products or services from us because, by ordering, you agree to be bound by them. Each time you place an order you will be asked to agree to these terms and conditions. If you do not accept these terms and conditions, you should not order any products or services from us.
- Information about us and how to contact us
- Who we are We are AW MEDIA ŁOPUSKI DOMINIK PROZNA 5/14 00-107 WARSAW POLAND Our registered VAT number is PL7221628976
- How to contact us You can contact us by following any of the ways set out in the ‘Contact us’ section of our website, see here EHOTTUB.EU/CONTACT
- Contract restrictions
- Consumers only Our products are only intended for use by consumers (that means people who want to buy our products for their personal use and not for any business purposes). We reserve the right to reject or cancel your order if we reasonably think that you are buying our products for business purposes but we will attempt to contact you (using the contact details you have provided) to discuss this before cancelling your order.
- Restrictions on delivery areas We can only guarantee delivery in the following geographical areas: mainland England, Scotland and Wales. In some circumstances we may be able to deliver to Northern Ireland and the Republic of Ireland. You can check whether we deliver a product to your area by entering your postcode online.
- Confirmation of personal status By placing an order with us through our website, you are confirming to us that you are a consumer and that you are at least 18 years old.
- Our products
- Product images The images of our products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display accurately reflects the colour of the products. Your product may vary slightly from those images. The packaging of our products may vary from that shown in images on our website.
- Product information The product information contained on our website has been published in good faith and we will do our best to ensure that it is accurate. However, it may occasionally be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Where information is incorrect due to an error or circumstances beyond our control, we may not accept your order for the affected products, or if your order has already been accepted, we may not supply the affected products to you. We will notify you if this is the case and will not charge you for the product.
- Our contract with you
- The steps required to form the contract between you and us are as follows:
- You place the order for the products and/or services you would like to purchase on our website by following the onscreen prompts. You will have the opportunity to check and correct any errors in your order up until the point at which you place your order by accepting these terms and conditions of sale and clicking the “Confirm and Pay” button on the order summary page. No changes may be made to your order after this point.
- Once those steps are completed, we will take payment from your chosen payment method. If payment is successful, you will receive an order confirmation email containing your order confirmation number and to confirm that we are processing your order. A contract between us will be formed only when we dispatch your order.
- Once your order is ready for dispatch, you will receive a communication by either email, text message or telephone from either us or the relevant delivery provider to confirm when your products will be delivered to you.
- If for any reason we cannot provide you with a product in your order, you will be contacted by telephone or email and a refund will be issued for the amount you paid for such product, including any relevant delivery charges paid if the order contained only that product.
- The steps required to form the contract between you and us are as follows:
- ‘Reserve and Collect’
- When viewing a product on our website, you can check whether the product is available in your chosen store, and if it is, you have the option to reserve it online to pay for and collect in store (‘Reserve and Collect’). You can do so by clicking the “Reserve and collect” button and following the steps required to complete your reservation or order.
- Reserve and Collect’ orders Once you have reserved your chosen product, you will be sent an email with your reservation details, including your reservation number. Your reserved product will typically be available to collect in your chosen store within three (3) hours after making your reservation. We will send you a text message to let you know when your product is ready to collect in your chosen store. We will hold your reserved product for up to two (2) days from the date you placed your reservation. We will send you a reminder text message the day your reservation is due to expire. If you are unable to collect your reserved product within two (2) days, your reservation will be cancelled and the product returned to the store.
- If there are problems If there is an issue with your reservation or order (for example, if the product is unexpectedly no longer in stock in your chosen store), we will contact you by text message and/or telephone to resolve the issue.
- Collection and ID documents When you come to collect your product from your chosen store, you (or someone acting on your behalf) will need to bring your reservation or order number. Your product will be available for collection at your chosen store’s Customer Services desk. You will be asked for ID where you are collecting ‘Reserve and Collect’ orders which include an Age Restricted product (see 12.1 for more detail). For ‘Reserve and Collect’ orders you will be required to pay for your product(s).
- Price and payment
- Where to find the price for the product The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order, except in cases of obvious error.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we get the price wrong It is possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If this is the case, we will, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
- When you must pay and how you must pay We accept payment by debit or credit card including Mastercard, VISA and American Express. You must pay for the products, and any related services, before we dispatch the products. Where you are reserving an item and collecting in store you will also be able to pay by cash.
- Providing the products and any related services
- Delivery charges The delivery charge will be notified to you before you place your order and confirmed in our acceptance of your order. Please note that our delivery charges will be identified on our product pages and vary according to the value or size of your order and your delivery address and may vary between deliveries. . Where you order more than one item you may receive your order in more than one delivery, but you will only be charged once for delivery. Delivery will be calculated so that the most you will pay will be the higher of the individual delivery charges.
- When we will provide the products During the order process we will let you know when we will provide the products to you. You will receive a communication by either text message, email or telephone from either us or the relevant delivery provider to confirm when your products will be delivered to you.
- We are not responsible for delays outside our control. If our supply of the products or any related services is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
- Door step delivery only. Unless otherwise stated, our third party delivery companies will deliver your products to your door step only (and does not include removal or disposal of packaging).
- If you are not at home when the product is delivered If no one is available at your address to take delivery, and the products cannot be posted through your letterbox, we or our delivery provider will leave you a note or contact you informing you of the attempted delivery and how to rearrange delivery.
- If you do not re-arrange delivery If, after a failed delivery to you, you do not re-arrange delivery, we may end the contract with you.
- If you do not allow us access to provide services If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite using reasonable efforts, we are unable to contact you or rearrange access to your property, we may end the contract with you.
- When you become responsible for the goods A product will be your responsibility from the time we or our delivery provider deliver those goods to the address you gave us or when you collect the product from our Customer Services desk if you purchase the product using Reserve and Collect. If you provide us with an incorrect delivery address and your order is signed for by someone else, or if the intended recipient is no longer resident or employed at the delivery location you specify, we cannot be responsible for any losses you may incur as a result, for example, theft of the products.
- When you own goods You own a product once we have received payment in full and have dispatched your order (or in the case of ‘Reserve and Collect’ orders, when you have paid for and collected the item) unless due to unforeseen circumstances we cancel your order as set out in these terms.
- Deliveries for Store Collection
- Once you have ordered your chosen product, you will be sent an email with your order details, including your order number and the estimated earliest collection date (typically within two (2) days after making your order). We will send you a text message to let you know when your product is ready to collect in your chosen store. We will hold your ordered product for up to twenty one (21) days from the date when your order is ready for collection. If you are unable to collect your ordered product within twenty one (21) days, your order will be cancelled, your payment will be refunded, and the product will be returned to the store.
- Your Rights – Cancellation, Returns and RefundsReasonWhat we may offerWhat you need to doWhat we will doWhat you have purchased is faulty, damaged or incorrect or any services have not been performed properly…If the product purchased is faulty, damaged or incorrect, we may offer you a repair, exchange or refund as appropriate.If any services we provide have not been performed properly, we may offer to re-perform the services or refund you some or all of the price of the services.Please contact us by following clause 1.2 above, to discuss the issue with the products or services purchased and which of your legal rights you wish to exercise.If you wish to exercise your legal rights to (a) reject products; or (b) request re-performance of the services, please provide your name, home address, details of the order and, where available, your telephone number and email address to our customer assist team.Our customer assist team will arrange for the products to be collected by us or the delivery provider that delivered the products to you, or where required, for the services to be re-performed/refunded accordingly.We will refund you the price for the products and/or services, including delivery costs and the costs of return, by the method you used for payment as soon as we can. If the method you used for payment has expired in the intervening period, we will refund you the price you paid for the products by cheque or TT transfer.You have changed your mind…Under the Consumer Contracts Regulations 2013, for most products bought online you have a legal right to change your mind within 14 days and receive a refund.You are entitled to cancel your contract provided that you exercise your right to cancel no longer than 14 days after the day on which you receive the goods or services.If you cancel after we have started providing the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.In addition to these rights, our returns policy allows you to return a product, provided that you have proof of purchase, within 30 days of you purchasing or collecting the product.Your right to return or cancel products does not apply to goods that are made to measure or are made to your specification, to products sealed for hygiene or health protection purposes (once these have been unsealed after you receive them) or for services, once these have been completed, even if the cancellation period is still running. This doesn’t affect your statutory rights if the products are faulty or not as described.To exercise your right to cancel and arrange collection of the products to be returned, please contact us by following clause 1.2 above. Please provide your name, home address, details of the order and, where available, your telephone number and email address. To make the process easier, you can use the model cancellation form accessed.The products must be returned to us within 14 days of telling us you wish to end the contract, in a new and unused condition and wherever possible in the original packaging.Our customer assist team will then arrange for the products to be collected by us or the delivery provider that delivered the products to you.Where you are exercising your right to cancel because you have changed your mind, the products will be collected at your cost. We will advise you of the collection charge when you contact us. We will not charge you more than £50, which is our bulky item charge.We will refund you the price for the products and/or services, including original delivery costs, by the method you used for payment. If the method you used for payment has expired in the intervening period, we will refund you the price you paid for the products by cheque or TT transfer.We may make a deduction from the refund for any loss in value of the products, if the loss has been caused by unnecessary handling by you.We will refund you no later than 14 days after the day you exercised your right to end the contract.You want to end the contract because of something we have done…Reasons for wanting to end the contract for this reason include:• we have told you about an upcoming change to the product or these terms which you do not agree to;• we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;• there is a risk that supply of the products may be significantly delayed because of events outside our control;• we have suspended supply of the products for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or• you have a legal right to end the contract because of something we have done wrong.To end the contract for this reason and arrange collection of the products to be returned, please contact us by following clause 1.2 above. Please provide your name, home address, details of the order and, where available, your telephone number and email address.We will consider your reason(s) for wanting to end the contract and attempt to find a resolution which you are happy with. This may include offering to collect the product(s) from you and providing you with a full refund.
- Deliveries from Suppliers
- We also offer a wider range of products delivered direct from our suppliers on our website. You can also order these products in our stores. As these products are supplier direct orders you will not be able to collect them or take them away from our stores, you will have to have them delivered to you. These products can be identified as such in the product description information on our website.
- Once you have placed your order for the selected products via our website, the products are supplied direct to you by the third party supplier of the product. The third party supplier will contact you directly regarding the delivery of the products.
- Please note that if you wish to return a supplier direct product you will not be able to return it in store and the item will need to be collected from you by the third party supplier.
- Third Party Concession Products
- We also offer a range of products which we sell on behalf of third party concession sellers on our website and these can be identified as such in the product description information on our website.
- Once you have placed your order for the selected third party concession products via our website, the products are supplied direct to you by the relevant third party concession seller. The third party concession holder or their nominated delivery provider will contact you directly regarding the delivery of the concession products.
- Please note that a third party concession product will be your responsibility from the time the third party concession seller or their nominated delivery provider delivers those products to the address you gave to us during the order process. You own a third party concession product once we have received payment in full on behalf of the third party concession seller unless due to unforeseen circumstances the third party concession seller cancels your order.
- Please note that the terms relating to delivery of the products at paragraph 7 above and ending the contract with us and return of the products at paragraph 8 above do not apply to the sale of third party concession products. The terms relating to the delivery of, ending of the contract for and return of the third party concession products will be sent to you separately by the relevant third party concession seller.
- Our responsibility for loss or damage suffered by you
- We do not accept any loss for late deliveries, incomplete orders or items, or damaged products. Please do not book, confirm or instruct any third parties to complete any works relating to the products until you have received them and you have checked that they are complete and conform to your requirements as we do not accept any liability for losses you incur as a result of late deliveries, incomplete orders or items, or damaged products.
- We do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence, or our responsibility for fraudulent misrepresentation and any other liability that cannot be excluded by law.
- When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).
- Other important terms
- Age Restricted Sales Some items we sell are age restricted. Where an item is age restricted we do not offer it for Delivery (to home or to store). However, we may offer the item to be reserved in store. Where that is the case please bring your identification documents with you to the store when you collect your item so that your age can be verified.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person to end the contract or to make any changes to these terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. 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.
- Which laws apply to this contract and where you may bring legal proceedings You and we agree that English law applies to these terms and that any dispute between us arising out of or in connection with these terms will only be dealt with by the English courts, unless you live in another part of the UK or Republic of Ireland, in which case the applicable law of that part of the UK or Republic of Ireland will apply and any dispute will be brought before the courts of that part of the UK or Republic of Ireland.
- Alternative dispute resolution 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, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Furniture Ombudsman via their website at EHOTTUB.EU The Furniture Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
Model Instructions for Cancellation
To AW MEDIA LOPUSKI DOMINIK PROZNA 5/14 00-107 WARSAW POLAND
I/We hereby give notice that I/We cancel my/our contract of sale of the following goods/ for the supply of the following service,
Ordered on/ Received on _____/______/______
Name of Consumer: __________________________________
Address of consumer: _________________________________
Signature of consumer: _______________________________