Terms and Conditions
These terms and conditions apply to all orders placed through our website. They do not affect your statutory rights if you are a consumer.
The contract for sale is made when we confirm receipt of your order by e-mail. The contract is governed by English law.
1. Terms and Conditions of Business
1.1 Are reproduced below, and shall apply to all products and services supplied by Lighthouse Pools Ltd, whether priced in the current price list or otherwise.
Except where the context otherwise requires, the following expressions shall have the meaning shown against them:
“Company” Lighthouse Pools Ltd.
“Conditions” these Terms and Conditions of Business.
“Contract” an agreement between the Company and the Customer for the supply of Goods or Services.
“Customer” the purchaser of the Goods or Services.
“Deliver” includes “procure to be delivered” and “delivery” shall be construed accordingly.
“Goods” any Goods, equipment or other thing supplied (including where appropriate any part or component thereof) by the Company to the Customer.
“Services” any service provided by the Company at the Customer’s request.
“Prices” all prices are suggested retail and are quoted ex-works, and will be subject to delivery and VAT.
“Writing” includes any communication effected by letter, telex, cable, facsimile, electronic mail or other comparable means of communication.
3.1 Any supply of Goods or Service by the Company shall be subject to these Conditions.
3.2 No term or condition of the Customer’s standard terms of trading contained or referred to in the Customer’s order, acceptance or otherwise shall form part of any Contract and no such term or condition shall modify or amend these Conditions or any Contract.
3.3 No change to any Contract or any change to or waiver of these Conditions shall have any legal effect, unless agreed to in writing by a Director of the Company, provided the Company may amend these Conditions by notice in writing with regard to Contracts entered into after such notice.
3.4 The headings in these Conditions are for convenience only and shall not affect its interpretation.
4. Orders, Quotations and Cancellation of Contract
4.1 The Customer’s order for Goods shall be made or confirmed by the Customer in writing but a Contract shall not be made until an order is accepted by the Company. The Company may communicate its acceptance to the Customer either in writing or by despatching (or procuring the despatch of) the Goods.
4.2 (a) Any offer by the Company to sell Goods to the Customer shall be made in a written quotation. Any quotation made by the Company is given on condition a Contract shall not be formed until the Company has received the Customer’s written acceptance thereof. (b) The Company may amend or withdraw a quotation at any time before it has received the Customer’s written acceptance.
4.3 The Customer may not return any Goods supplied in accordance with the Contract after the Contract has been made. The Company may, at its absolute discretion and following the Customer’s prior written request, agree to the cancellation of an order and/or to the return of any Goods and it shall be a condition of the Company exercising its discretion which: (a) The Goods to be returned form part of the Company’s normal stock holding. (b) The Customer shall pay the Company a sum equal to the greater of 20% of the price of the Goods or £20 for each item comprising the Goods; © Any Goods returned are in their original condition; (d) The Customer shall, in addition, be liable for the costs of delivery or re-delivery.
5.1 Unless otherwise agreed in writing, all prices are ex-warehouse and exclude the cost of delivery.
5.2 Except where any quotation by the Company provides the price for Goods shall be fixed for a given period, the price for Goods shall be prevailing when they are despatched.
5.3 The Company reserves the right to make additional charges when there is any delay in being supplied with delivery instructions or if prior to delivery the Company incurs any additional costs.
5.4 Unless otherwise stated in writing the price for Goods is exclusive of VAT and all other taxes, fees, dues, duties or other assessments or charges.
6. Delivery and Risk
6.1 Unless otherwise agreed, delivery of the Goods shall be at the Customer’s premises.
6.2 Time of delivery shall not be of the essence of any Contract. The Customer shall allow a reasonable time for the Company to deliver Goods and the Company will use its reasonable endeavours to meet any stated delivery dates but accepts no liability whatsoever for any failure to do so.
6.3 If the Customer fails to take delivery of any Goods in accordance with a Contract then the Company, at its option shall: (a) Arrange for storage at the Customer’s risk and cost (including the costs of transportation). (b) At any time after the due date for delivery, terminate the Contract in accordance with clause 13.1.
6.4 Where delivery is made by instalments if the Company fails to make delivery or makes defective delivery of any instalment, then such failure or defective delivery shall not affect the obligations of the Company and of the Customer as to the remaining instalments.
6.5 Except where risk in Goods would pass earlier in accordance with clause 6.3 or 6.6, risk in the Goods shall pass from the Company to the Customer upon delivery.
6.6 Where the Company is unable to deliver Goods in accordance with the Contract for any reason other than the Company’s default, the Company may either in its own name or as agent for the Customer, arrange for storage of the Goods. The Company shall be considered to have fulfilled the Contract immediately upon delivery being made to the place of storage and risk and all charges for storage and ultimate delivery shall be borne by the Customer.
7.1 The Customer shall inspect the Goods immediately upon delivery.
7.2 (a) The Customer shall give written notice to the Company and any carrier within 24 hours of delivery, of any failure of the Goods to comply with the Contract. (b) Where the Customer has not received any Goods despatched by the Company, it shall give written notice to the Company within 14 days of having been notified of despatch.
7.3 Provided the Customer complies with clause 7.2, the Company will replace all Goods which have not been delivered and, at its option, repair or replace Goods which are not in conformance with the Contract.
8. Retention of Title
8.1 Notwithstanding delivery and the passing of risk, the Company shall remain the sole legal and beneficial owner of goods which it supplies to the Customer pursuant to any contract until: (a) The Customer has paid for those goods in full, and also (b) The Customer has paid in full for all other goods supplied to the Customer by the Company, but not yet paid for in accordance with the Company payment terms.
8.2 Notwithstanding any purported appropriation to the contrary, the Company shall be entitled to appropriate any payment or payments for goods made by the Customer to the Company to such goods and accounts as it shall deem fit.
8.3 The Customer shall insure all the Company’s goods to their full value against all risks and shall procure that a note of the Company’s interest therein is endorsed on the certificate of insurance. The Customer shall indemnify the Company in respect of the loss or destruction of the Company’s goods or damage to them, and shall hold any insurance monies paid in respect of them in trust for the Company and account for such monies forthwith to the Company.
8.4 The Customer shall hold all the Company’s goods in a fiduciary capacity on behalf of the Company, shall keep them separate from goods which are its own property or the property of any third party; and shall store and label them in a manner which enables them readily to be identified as the property of the Company.
8.5 In the event that the Customer is supplied goods by a third party which are identical to Goods supplied hereunder then the Customer shall be obliged to sell the goods supplied by such third parties before selling any identical goods supplied hereunder.
8.6 In order to identify and recover goods the Company or its representative are entitled to assume unless the contrary is shown to their satisfaction that the Customer has acted in accordance with the provisions of clause 8.5.
8.7 The Customer shall return all the Company’s goods to the Company immediately on the Company’s request. The Customer’s rights of possession over the Company’s goods may be revoked at any time by notice from the Company, and shall cease automatically and forthwith on the occurrence of any circumstance which would entitle an administrator or administrative receiver to take possession of any of the Customer’s assets or would entitle any person to present a petition which may be incurred by the Company by reason of any wrongful act of the Customer in or in connection with any such sale.
8.8 The Customer shall upon notice in writing from the Company, fully and effectively assign to the Company all rights which it may have against any customer or customers of the Customer in relation to a sale or sales of the Company’s goods. Such an assignment shall be deemed to take place automatically and forthwith on the occurrence of any circumstance which would entitle an administrator or administrative receiver to take possession of any of the Customer’s assets or entitle any person to present a petition for winding-up or the bankruptcy of the Customer.
9. Guarantee and Limitation of Liability
Unless otherwise stipulated, we contractually guarantee the correct operation of our new Products. We guarantee that our Products conform to their technical specifications and that they are free of material and manufacturing default.
9.2 The present warranty is limited, at our discretion, either to the repair or exchange for a new or repacked Product, or to the refund of any Products recognized as being defective by our services. Shipping expenses for the repaired or replaced Products delivered to the client will be borne by us, excluding any labour costs, travel and/or accommodation expenses incurred as the result of repairs made outside of continental France and excluding any payment of damages.
9.3All Product returns must first be approved and decided by our services. Returns sent by the Client without our prior approval will not be accepted.
In particular, the spare parts warranty will only be honoured after analysis and expertise of the returned spare parts by our company followed by the decision to replace said parts.
In all cases the seller’s legal warranty will continue to apply.
9.4In order to benefit from the warranty, the Client and the End User agree to respect the following parameters concerning the balance of the swimming pool water: – pH: 6.8 < pH < 7.6 – free chlorine (* : < 3,0 mg/L – total bromine (*): < 5.0 mg/L – stabilising agent (if used): < 75 mg/L – total dissolved metals (iron, manganese, copper, zinc…) : < 0.1 mg/L
(*): Cleaning robots must absolutely be removed from the pool before using a shock treatment.
Note: Using water drawn from a well is forbidden.
9.5 General limitations
The present warranty does not apply to visible defects that the Client failed to report upon accepting delivery of the Products.
Also excluded from the warranty are: defects or deterioration due to the unsuitability of the Product with respect to the end User’s needs, due to normal wear, to negligence, to incorrect installation or to a use that does not conform to the recommendations mentioned in the User Manual, to lack of maintenance and/or a handling accident, to incorrect storage, and/or by studies, instructions and/or specifications made by our Client.
Any modifications made by the Client, by the End User or by any third party to our Products will automatically void the warranty in full. The same will apply if original parts were to be replaced with spare parts not sold by us.
9.6 Our Client will be responsible for ensuring compatibility of our Products with any other pool equipment it may be installed with, by checking with the different manufacturers concerned, also for ensuring that all installation and operating instructions and rules are respected in order for the overall system to operate correctly.
9.7 In the case of a return of the product to our workshop, shipping expenses to and from, will be borne by the end user, except for those expenses mentioned under paragraph 2 of the present article.
Immobilisation and deprivation of use of an appliance due to repair will not give the right to compensation.
This warranty will become void in the case of a default in payment or late payment by our Client for the Product concerned.
9.8 Period covered by the warranty
The effective warranty start date is the date mentioned on the sales invoice for the new Product as issued by our Client to the End User. This document will be required as proof of purchase in order for the warranty to come into play. Failing this, our Client shall bear the full cost of any claims made by the end User under the contractual warranty and after its expiry date.
Under no circumstances shall any repairs or replacements carried out under the terms of this warranty cause its duration to be extended or renewed.
9.9 Particular dispositions for Products of Heating and Dehumidification range
Unless otherwise specified, we guarantee the correct operation of our new products installed and put into service by a professional installer (excluding installation via “retrofit” kit”) for a period of two years starting from the date mentioned on the invoice as issued by our Client to the end User. Users are also required to have an approved technician perform a regular maintenance according to the instructions detailed in the product user guide.
The warranty only covers defaults in materials and craftsmanship that have been acknowledged by our technical department/services.
The present warranty does not apply to malfunctions and/or degradations due to external factors unrelated to us (bad power supply, adjustment of the bypass, incorrect air circulation, bad insulation of the premises, thermal bridges, incorrect overwintering, etc.…).
The heat exchanger of the heat pumps benefits from a 5-year warranty against corrosion.
9.10 Particular dispositions for Products of the Electrical Robots Range
We guarantee that all our products conform to their technical specifications, that they are free from material or manufacturing defects and that they correspond to the technical evolution and state of the art at the time of their launch on to the market.
Subsequent modifications made to our Products (improvements or modifications made as part of the technical development of the products) will not give any right to an intervention on our behalf.
The following are excluded from the warranty:
• Normal wear on parts such as tyres, tracks, belts, brushes, gears and the filter.
• Damage caused by lightening or by an incorrect electrical connection.
• Damage due to shocks, incorrect use or incorrect maintenance (including the robot, its accessories and cables).
The warranty will cover a period of 2 years for all products of the range, from the date of the sales invoice for the new product issued to the end user by our client.
10.1 Account terms are available subject to status.
10.2 Re-presentation of cheques will be charged at £20 per presentation.
10.3 Purchases using a Credit Card will attract a 3% surcharge.
11. Account Payment
11.1 Unless otherwise agreed in writing by the Company, all invoices shall be paid in full thirty (30) day following the date of invoice. All sums not paid by the due date will become liable for interest charged at 8% above the Bank of England base rate until paid in full.
11.2 Timely payment shall be of the essence of the Contract and in the event of any failure or delay by the Customer to pay for Goods, the Company shall have the rights set out in clause 13.
11.3 Payment for Goods is immediately due and payable upon commencement of any event referred to in clause 13.
11.4 The Company shall have a right of set off and the Customer hereby authorises the Company to apply any money owed by it to the Customer against any monies which may be due from the Customer to the Company.
12. Force Majure
Except with respect to the payment of money, neither party shall be liable for failure to perform its obligations under these Conditions if such failure results from circumstances beyond such parties reasonable control.
13.1 If any payment or instalment falls due and is not paid in full within 7 days, the Company may without prejudice to any other rights, suspend performance of any of its obligations under these Conditions or terminate the Contract and/or any other Contract for sale of Goods by notice in writing with immediate effect.
13.2 If the Customer becomes insolvent or enters into liquidation, whether compulsory or voluntary (other than for the purposes of amalgamation or reconstruction) or compounds with its creditors generally or has a receiver, administrator, administrative receiver or liquidator appointed over all or any of its assets, or suffers execution or distress or takes or suffers any similar action in consequence of debt or becomes unable to pay its debts as they fall due or fails to perform any obligation required to be performed by it hereunder for a period of 30 days after receipt of notice from the Company of such failure the Company may, without prejudice to any of its rights, terminate the Contract forthwith by notice to the Customer.
No Contract shall be assigned or transferred in whole or in part by the Customer directly or indirectly without prior written consent of the Company.
15. Trademarks and Trade Names
15.1 Nothing in these Conditions shall be deemed to confer any right upon the Customer to apply any trademark, trade names, colour schemes or design rights owned by the Company or the Company’s manufacturers or suppliers.
15.2 The only trademarks or trade names which may be displayed in advertising Goods supplied hereunder shall be those expressly authorised by the Company or its manufacturers or suppliers and the Customer shall comply with the Company’s express instructions relating to the context, scale and manner of use of such trademarks or trade names in all such advertising.
15.3 The trademarks, trade names, colour schemes or design rights of the Company or its manufacturers or suppliers shall not, without the Company’s prior written consent be used on or in relation to any Goods supplied hereunder which the Customer in any way adds to repacks or otherwise alters and the Customer shall remove or permanently obliterate any such trademarks, trade names, colour schemes or designs of the Company or its manufacturers or suppliers from any Goods so added to, repacked or otherwise altered.
If any part of these Conditions or any other term or condition of this Contract is judged by any competent court to be invalid or unenforceable, the remaining part or parts shall continue in full force and effect.
Any neglect, forbearance or indulgence on the part of the Company, relating to rights under these Conditions shall in no way be deemed a waiver, implied or otherwise, of such rights.
Notice will be in writing and will, for all purposes, be deemed to have been fully given and received when actually received and will be sent by registered or recorded delivery mail, postage prepaid (unless otherwise provided), properly addressed to the parties at their registered office or at such other address for either party as may be specified by such party for such purpose, or by telex with receipt acknowledged by answer back.
19. Governing Law and Jurisdiction
The construction, validity and performance of these Conditions and any Contract shall be governed by and construed in accordance with English law and any dispute arising out of or in connection therewith shall be subject to the exclusive jurisdiction of the English courts.