Membership Vouchers are valid for 12 months from the date of activation. Activation must take place within the first 3 months of the voucher issue date.
Spa Experience Vouchers
Spa Experience vouchers are valid for 12 months from date of purchase (unless otherwise stated).
Monetary Vouchers can be used for payment on all products and services at Nirvana Spa. Please note that non-members may only use monetary vouchers in conjunction with Day and Evening Spa Experience packages. Lost vouchers cannot be replaced. Monetary vouchers are non-refundable.
All visitors to Nirvana Spa shall be at least sixteen years of Age.
Spa Experience Packages
All cancelled or rescheduled bookings with more than 48 hours notice will be subject to a 10% (minimum £10) cancellation fee. If less than 48 hours notice of cancellation or reschedule is given you will be charged 50% of the total booking fee.
Membership and Guest Bookings
Please be aware we require cancellation notice the day prior to your booking. If cancellation notice is not received and we are unable to re-allocate the space, your membership visit will be forfeited and guests’ visits will be charged at the full fee, applied to your membership account.
We hold your appointments just for you and ask that you give 24 hours’ notice of cancellation. Where no notice or less than 24 hours’ notice is given, the entire booked treatment charge will apply, unless we have been able to reallocate your space to another client. In the event you are late for your treatment, your therapist will complete as much of the treatment as possible in the time remaining and the entire treatment charge will apply.
Wellness Suite Group Experiences
Due to the popularity of the group experiences we charge a £5 non-attendance. Please call 0118 9897560 to cancel your booking.
If you are currently undergoing any long-term medical treatment or on-going medical care, taking any form of medication or you have a condition that is not controlled, then please seek advice from your specialist before any treatments. We will not conduct treatments within the first twelve weeks of pregnancy.
Treatments may be subject to change and will be confirmed upon your arrival. Due to the popularity and demand of our treatments, we recommend that any additional treatments are pre-booked as these are subject to availability.
- All treatment times are approximate and include a consultation and aftercare advice.
- Please check in at Treatment Reception at least five minutes before your treatment time.
- Please ensure that you inform your Therapist if you are too hot/cold, if your position is not comfortable or the Therapist’s pressure is not enjoyable. We will endeavour to adjust techniques to suit you.
- Our Therapists recommend you use our heated ceramic loungers after your treatments for maximum benefit.
- We have both male and female Therapists conducting treatments.
- Please remove all make-up prior to a facial treatment.
- Please remove contact lenses prior to a facial treatment.
- No jewellery should be worn when attending any treatment. We do not accept any responsibility for lost jewellery.
- We advise you not to use the heat facilities or swimming pools for at least two hours after the application of nail polish. Please ensure you bring open-toed shoes or flip flops if you are booked for a pedicure treatment.
- A complimentary robe can be collected from Main Reception. Please change into dry swimwear prior to your treatment.
Each member and prospective member is asked to carefully read these rules which should be observed in the interests of maintaining the highest quality of the club and of its facilities.
In these Club Rules, the following expressions shall have the following meanings unless the context otherwise admits.
“Club” means Nirvana Spa and/or Pulse 8, depending on the Membership Option that is chosen by the Member.
“Club Premises” means the buildings of the Club, together with the tennis courts, lawns, gardens, outdoor pool, patio, car parks and other adjoining external areas.
“Member” means a member (including joint members) of the Club.
“Members” means each and every Member from time to time of the Club.
“Membership Option(s)” means the Club and the membership type of such Club as chosen by each Member.
“Membership Tariff” means the published tariff (as the same may be revised from time to time by the Proprietor) relevant to the Membership Option of:-
(a) the joining fee and amount and frequency of membership subscription,
(b) the Member’s entitlement to usage of Club facilities, and
(c) the special facilities that may be enjoyed by a Member for a charge supplemental to the membership subscription.
“Proprietor” means Nirvana Spa & Leisure Limited of Mole Road, Sindlesham, Berkshire (including its successors and assigns).
2. Club – Ownership and Constitution
2.1 The Club is a proprietary club owned by the Proprietor.
2.2 The Proprietor shall be responsible for providing the Club with the Club Premises and all facilities that it may deem appropriate for carrying on the Club in accordance with these objects and rules.
2.3 The Members of the Club shall be under no financial liability by reason of the membership of the Club save to pay:-
2.3.1 any joining fee applicable to the Membership Option,
2.3.2 the membership subscription (which will be determined from time to time by the Proprietor),
2.3.3 at the rate from time to time determined by the Proprietor for the use or supply of any special facilities (including food and beverages) that may from time to time be provided by the Proprietor to the Member or that Member’s guest or guests, and
2.3.4 for additional visits over each Member’s usage entitlements (relevant to the Membership Option) at the rate stated as the current rate applicable from time to time.
2.4 The day-to-day control and administration of the Club shall be exercised by the Proprietor’s Manager and staff of the Club from time to time who shall be deemed to be the representatives of the Proprietor.
2.5 The Proprietor reserves the right at any time to:-
2.5.1 offer and maintain different types of membership of the Club with different entitlements included at different levels of joining fees and/or membership subscription, and
2.5.2 modify, curtail or vary the entitlements (including usage entitlement of any Membership Option) relevant to each membership type enjoyed by each Member whether under the Membership Option or otherwise.
3. Objects – Membership Entitlement
3.1 The objects of the Club shall be a club for the promotion of fitness, health and relaxation in the environment of the Club Premises or elsewhere, with all other advantages and facilities as may from time to time be provided by the Proprietor.
3.2 Members shall (depending on the Membership Option) be entitled to use and enjoy (in common with other Members and guests and invitees of the Proprietor) the Club premises and facilities provided by the Proprietor for the use of the Club on such terms and conditions as the Proprietor may from time to time stipulate, including as to payment for special facilities. A Member shall cease to be entitled to use the Club Premises on termination of membership – even if such Member has not used up his usage entitlement under his Membership Option. The Proprietor reserves the right to introduce prior booking and/or prepayment systems in relation to all or any of the facilities offered.
3.3 The facilities of the Club provided from time to time by the Proprietor shall (depending on the Membership Option) be available during the usual opening hours of the Club from time to time determined by the Proprietor, but nothing shall prevent the Proprietor from changing the times of opening, the time of last entrance, or from temporarily closing the Club Premises or any part thereof or any facilities therein, whether for temporary repair, refurbishment, improvement or for any other reason.
3.4 The Proprietor’s computer records shall be conclusive evidence of the record of the number of each Member’s visits to the Club Premises if these are relevant to the Member’s usage entitlement (depending on the Membership Option).
4.1 Each Member of Nirvana shall be at least sixteen years of age. The acceptance of Members shall be at the sole discretion of the Proprietor who shall not be under any obligation to give reasons for refusal.
4.2 Applications for membership must be on the forms provided for that purpose and must be signed by each candidate for membership, and each Member warrants the accuracy of the information provided.
4.3 Such Joining Fee as may be relevant to the Membership Option shall be payable to the Club with the application for membership. If such application is not accepted by the Proprietor, or if a Member gives notice to the Proprietor within the terms of the money back guarantee detailed on the Membership Tariff to determine membership, then in either such case the joining fee paid shall be refunded but otherwise in no circumstances will the joining fee be refundable to a Member, whether or not membership lapses or is determined by either the Member or by the Proprietor.
4.4 Membership of the Club by a Member shall determine if at any time:-
4.4.1 a Member gives not less than 14 days’ notice in writing (or by fax or Email) addressed to and received by the Proprietor to such effect, or
4.4.2 a Member fails to pay or maintain his joining fee (or any instalment thereof) or his membership subscription (or suspension charge under Rule 4.8) within fourteen days of due date, or
4.4.3 the Proprietor gives notice in writing to a Member to such effect: the Proprietor reserves the absolute right to determine the membership of any Member at any time without expressing any reason, or
4.4.4 the Proprietor gives notice to the Member to such effect on account of the failure of the Member to observe either the provisions of these rules or the reasonable direction of the management of the Club.
4.5 The financial consequences of determination of a Member’s membership of the Club are:-
4.5.1 if a Member gives notice he shall remain liable to pay membership subscription for the calendar month in which the Member’s notice shall expire;
4.5.2 any unpaid balance of the Member’s joining fee shall then be paid by the Member to the Proprietor (unless the Member has given notice to the Proprietor within the terms of the money back guarantee referred to in Rule 4.3);
4.5.3 if a Member gives notice under Rule 4.4.1 or, if the Proprietor gives notice under the provisions of Rule 4.4.3, then (but not otherwise) the Member shall be refunded on determination a due proportion (if any) of any membership subscription paid in respect of any period beyond the end of the calendar month during which membership shall have been determined, subject to the loss of the whole of any discount for pre-payment of annual membership subscriptions;
4.5.4 The joining fee paid by a Member shall not be refundable under any circumstances other than as referred to in Rule 4.3.;
4.5.5 The Member may then become liable to pay apportioned additional membership subscription under the provisions of Rule 4.10.
4.6 Members shall give a direct debit authorisation payable from each Member’s bank account in favour of the Proprietor and maintain such authorisation during their membership. The membership subscription relevant to the Membership Option shall be paid in such amount as shall from time to time be determined by the Proprietor and referred to in the Membership Tariff and shall at the option of each Member be paid either:-
(a) twelve months in advance by any payment method approved by the Proprietor, or
(b) by monthly payment by direct debit.
4.7 The membership subscription may be increased by the Proprietor at any time – save to the extent of any period for which it has been prepaid.
4.8 At the discretion of the Proprietor, each Member may be permitted to suspend membership (and the payment of membership subscription)for a minimum of three months. Applications for such suspension will be considered by the Proprietor in the case of an accident or ill-health supported by a doctor’s certificate or inability to use the facilities of the Club by reason of change of location of employment or dwelling. The amount of membership subscription attributable to the period of the suspension shall not in any event be repaid to any Member but shall be allowed as credit against any future membership subscription obligations. Members who previously paid their membership subscriptions by monthly direct debit will not be debited membership subscriptions during such period of suspension, but during such time a monthly suspension charge (the amount of which will be determined from time to time by the Proprietor) will be levied. Members who had previously paid their membership subscriptions annually in advance will be given a proportionate credit for membership subscription during suspension (against which the monthly suspension charge will be debited) which may therefore postpone their annual renewal date.
4.9 If the number of visits made by a Member in any twelve month period from the date or anniversary of the date that the Member joined the Club) falls short of that Member’s usage entitlement under the Membership Option – such Member shall not be entitled to any refund or credit, nor shall any credit be carried forward to any future period.
4.10 If at the date either of determination of a Member’s membership of the Club or of a change by a Member of Membership Option the number of visits made to the Club by the Member shall have exceeded any usage entitlement relevant to the Membership Option (apportioned for the period from the date or anniversary of the date that the Member joined the Club to the date of determination of membership), the Member shall then pay to the Proprietor an apportioned additional membership subscription for such excess usage at the rate appropriate to the Membership Option.
4.11 Any further visits to the Club Premises made by a Member in any such twelve month period after such Member’s usage entitlement shall have been used up shall be charged to and paid by each such Member at the rate determined from time to time by the Proprietor, unless the Member then elects to change his Membership Option and pay the relevant enhanced membership subscription.
4.12 Membership is personal to each Member and is not transferable in any circumstances. Membership is either single membership attributable to the Member in question, or joint membership whereby a Member and a Member’s legal spouse or partner living solely and permanently at the same address are both deemed to be a joint Member until that status should change, and they will be jointly and severally liable to the Club for observance of the Rules and for any payments due to the Club whether for membership subscription or otherwise.
4.13 Each Member shall forthwith inform the Proprietor of any change of address or (in the case of joint members) any relevant change in regard to partner status. The Proprietor regards the strict observance of this Rule as important.
5.1 Guests shall only be admitted at the discretion of the Proprietor by prior arrangement and pre-booking and when accompanied by a Member following completion of a guest registration form.
5.2 A charge of such sum as the Proprietor may from time to time determine shall be made for the admission of each guest.
5.3 No guest to Nirvana Spa Club shall be admitted below the age of sixteen years.
5.4 Members are responsible for ensuring that their guests are aware of all Club rules and codes of conduct from time to time in force and comply with the same, and Members are responsible for ensuring the good conduct of their guests at all times during their visit.
5.5 Members must not leave the Club Premises before any of their guests, and Members are responsible for any debts incurred by any of their guests.
5.6 Guests’ use of the gym at the Club is at the sole discretion of the management and is subject to signed acceptance of the guest disclaimer required on entry to the Club.
6. Conduct – Use of Facilities – Security
6.1 Each Member and their guests must behave quietly and with decorum at all times – and without disturbing other Members of the Club using the Club premises from time to time.
6.2 There shall be no smoking on any part of the Club Premises.
6.3 Members and their guests should take all reasonable steps to safeguard their personal belongings and property. Lockers are available for Members’ belongings and should be used at all times. Each Member and their guests agree that the Proprietor will not be liable for any liability, claim or expense arising directly or indirectly from any loss, theft, or damage to the personal belongings or property of any Member or their guest(s) in any Club premises (or in the lockers).
6.4 Each Member and their guests shall at all times observe the directions and recommendations made by the Proprietor in connection with the safe and hygienic use of the facilities. Gym shoes and appropriate attire (not swimming costumes) must be worn in the gym. In the event that a Member shall observe a want of repair or any situation which could give rise to personal injury, the Member should bring such observation to the attention of the Proprietor as soon as possible.
6.5 Each Member and their guests acknowledge that use of the gym and other facilities of the Club could be potentially hazardous – particularly to the inexperienced or unfit using the gym – and give rise to injury or death and therefore each facility must be used safely and prudently having regard to each person’s health and having regard to the other persons in the Club Premises or using the gym facilities at the time. Each Member and their guests therefore use the Club premises and the Club facilities at their own risk, and the Proprietor will (in the absence of the Proprietor’s direct negligence) not be liable for any liability, claim or expense arising directly or indirectly from the injury or death of a Member or their guests in the Club Premises.
6.6 It is therefore strongly recommended that no Member:-
6.6.1 whose health is or becomes in any way impaired shall make use of the Club’s facilities without first checking with their doctor, and
6.6.2 should use the gym prior to checking with their doctor and prior to having had a gym induction appointment and an exercise programme prescribed for them and the use of the equipment explained to them. In the event of any change in the Member’s medical condition, this procedure should be repeated.
6.7 No Member shall use any Club facilities knowingly suffering from any medical condition that could cause infection or injury to such Member or any other person using the Club Premises.
6.8 Members will be issued with an identification card. This must be shown at the Club reception on each visit to the Club Premises by each Member and also in order to charge the cost of special facilities to their account. Members should retain receipts given to them by the Proprietor’s staff in order to check against their statement. In the absence of manifest error, the Club’s computerised records will be regarded as conclusive evidence of the charge incurred. The Proprietor will send a statement to the Member detailing those costs of special facilities (or charges incurred under Rule 6.10 hereof) that have been charged to the Member’s account with the Club. If the Member has any query on the statement, he should raise this with the Proprietor as soon as possible. The balance due on any statement will be claimed through the Member’s direct debit from the Member’s bank.
6.9 The Proprietor reserves the right to refuse entry to or to eject Members or their guests should it think fit.
6.10 Members shall observe such rules and obligations concerning bookings for facilities or services as the Proprietor may from time to time stipulate. The Proprietor may make a charge for late cancellation or non-arrival of a Member or guest, whether or not the facility or service is provided without extra cost to the Member.
6.11.1 The sale or supply of intoxicating liquor in the Club is governed by the general licensing laws and conditions from time to time in force relating to the Club Premises and Members must comply therewith.
6.11.2 No wagering, gaming or betting shall be allowed in the Club Premises.
6.11.3 Each Member and their guests shall observe such rules as may be laid down from time to time by the Proprietor for the use of the licensed area of the Club Premises.
6.11.4 Alcoholic beverages shall not be removed by Members or their guests from the Club Premises.
7.1 The Club may be dissolved by the Proprietor at any time, on terms that the unexpired portion of any membership subscription paid in advance shall be refunded to each Member.
8.1 Any notice that may need to be given to any Member may be given by posting a prepaid letter addressed to the Member (or sending the same to the Member by fax or electronic mail) to their last known address or by exhibiting such notice in a prominent place or places in the Club Premises or by giving notice in any Club magazine or newsletter posted to Members.
8.2 The Proprietor reserves the right at any time to change or add to any part of these rules on giving notice to Members and also to make and/or change a code of conduct that should be observed by Members and their guests at all times for the enjoyment of the facilities provided.
8.3 Unless the context otherwise admits in these Rules, the use of one gender shall include any other gender, and the use of the singular shall include the plural and vice versa. Rule headings shall be ignored in the interpretation of the Rules.
8.4 The Rules shall be governed by English law and the Proprietor and each Member consents to the exclusive jurisdiction of the English courts.
8.5 Without prejudice to the provisions of Rule 8.2, these Rules (together with any other documents directly referred to) embody the entire understanding of membership of the Club and of the rights and obligations of each Member.
8.6 Members are advised that:-
8.6.1 C.C.T.V. cameras will be used in various parts of the Club Premises, and
8.6.2 certain data on Members may be kept and processed by the Proprietor, including details of age, medical information and exercise history in relation to reasonable management and healthcare to which each Member consents.
8.7 Any change in direct debit date of more than three days or change in the amount or frequency of direct debit charge will be notified to the member at least ten days in advance of that change. Notification may be by prepaid letter addressed to the Member (or sending the same to the Member by electronic mail) to their last known address or by giving notice in any Club magazine or newsletter posted to the Members. These Rules will take effect from and including 1st December 2010.
Midweek Retreat Membership
1. Membership includes 4 visits to be used within 12 months of the membership start date.
2. Visits can be used on Tuesdays and Wednesdays only. There are no time restrictions on the day of your visit.
3. Visits include access to the facilities only. Food, beverages, treatments and products are available at an additional cost. Robe and towel hire is available at £2.00 per item or members may bring their own.
4. All visits must be booked in advance and are subject to availability.
5. All visits must be used within the membership year; the visits cannot be carried over and the membership year cannot be extended.
6. Only one Midweek Retreat membership per member. Running multiple memberships simultaneously is not permitted.
7. When all four visits have been used, extra Tuesday/Wednesday visits may be made at £30.00 per visit. These visits must be booked in advance and are subject to availability.
8. Visits may not be made on any day other than Tuesdays or Wednesdays with this membership category. In the event that you book to visit any other day of the week (Thursday-Monday) a fee of £52.00 is applicable. These visits must be booked in advance and are subject to availability.
9. Midweek Retreat Gift Vouchers must be activated by returning a completed application form with the Gift Voucher. The membership is valid for 12 months from the date of activation. Gift Vouchers must be activated not later than 28th February 2015. Gift Vouchers not activated will expire on 28th February 2016.
10. Membership year must commence no later than 1st March 2015.
11. Annual members will be required to set up a direct debit for credit facility purposes only.
12. Membership subject to limited availability.
13. Spa points can be used to purchase an annual Midweek Retreat membership at a £1 to 1 point conversion rate.
The Direct Debit Guarantee
- This Guarantee is offered by all Banks and Building Societies that accept instructions to pay Direct Debits.
- If there are any changes to the amount, date or frequency of your Direct Debit Nirvana Spa & Leisure Ltd. will notify you 10 working days in advance of your account being debited or as otherwise agreed. If you request Nirvana Spa & Leisure Ltd. to collect a payment, confirmation of the amount and date will be given to you at the time of the request.
- If an error is made in the payment of your Direct Debit by Nirvana Spa & Leisure Ltd. or your Bank or Building Society you are entitled to a full and immediate refund of the amount paid from your Bank or Building Society.
- If you receive a refund you are not entitled to, you must pay it back when Nirvana Spa & Leisure Ltd. asks you to.
- You can cancel a Direct Debit at any time by simply contacting your Bank or Building Society. Written confirmation may be required. Please also notify us.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 31/10/2014.
These Terms, and any Contract between us, are only in the English language.
- Information about us
1.1 We operate the websites nirvanaspa.co.uk and Pulse8gym.co.uk. We are Nirvana Spa & Leisure Limited, a company registered in England and Wales under company number 1016625 and with our registered office at Mole Road, Sindlesham, Wokingham, Berkshire, RG41 5DJ. Our main trading address is Mole Road, Sindlesham, Wokingham, Berkshire, RG41 5DJ. Our VAT number is 115106953.
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 7, you just need to let us know that you have decided to cancel. You can contact our Customer Services team by telephone on 0118 989 7575 or by post to Customer Services, Mole Road, Sindlesham, Wokingham, Berkshire, RG41 5DJ. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0118 989 7575.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
2.3 The packaging of the Products may vary from that shown on images on our site.
- How we use your personal information
- If you are a consumer
This clause 4 only applies if you are a consumer.
If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
- How the contract is formed between you and us
5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted and we reserve the right not to accept your order without giving reason. Our acceptance of your order will take place as described in clause 5.3.
5.3 We will confirm our acceptance to you by sending you an e-mail (Order Receipt). The Contract between us will only be formed when we send you the Order Receipt.
5.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 10.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
- Our right to vary these Terms
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; and (b) any changes in the supply or sourcing of the Products which you have ordered from our site.
6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
- Your consumer right of return and refund
This clause 7 only applies if you are a consumer.
7.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.2 However, this cancellation right does not apply in the case of:
(a) sealed Products which are not suitable for return due to health protection or hygiene reasons if they are unsealed after you receive them (b) any Products which become mixed inseparably with other items after their delivery.
7.3 Your legal right to cancel a Contract starts from the date of the Order Receipt (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|Your Contract||End of the cancellation period|
|Your Contract is for a single Product (which is not delivered in instalments on separate days).||The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with an Order Receipt on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
|Your Contract is for either of the following:
•one Product which is delivered in instalments on separate days.
•multiple Products which are delivered on separate days.
|The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with an Order Receipt on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
7.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. If you use this method we will e-mail you to confirm we have received your cancellation.
You can e-mail us at [email protected] or by post to Mole Road, Sindlesham, Wokingham, Berkshire, RG41 5DJ. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
7.5 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop (b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 7.8; (ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
7.6 If you have returned the Products to us under this clause 7 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.7 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
7.8 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, return it to us in-store or use a secure postal service which guarantees safe delivery; (b) unless the Product is faulty or not as described (in this case, see clause 7.6), you will be responsible for the cost of returning the Products to us.
7.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.1 We will aim to process orders within 3 working days after the date of the Order Receipt (the date on which we e-mail you to confirm our acceptance of your order) and we aim to deliver the Products within a reasonable period of time, but, in any event, within 30 days after the date of Order Receipt. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 for our responsibilities when this happens. If the Products are not delivered to you within 7 working days, you must notify us in writing by contacting us as provided for in clause 1.2.
8.2 If no one is available at your address to take delivery, a note will be left to notify you where they have been delivered.
8.3 Delivery of your order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
8.4 You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 8.4 only applies if you are a consumer.
8.5 If we miss the 30 delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Products; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told us before we accepted your order that delivery within the delivery deadline was essential.
8.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 8.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
8.7 If you do choose to cancel your Order for late delivery under clause 8.5 or clause 8.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
- No international delivery
9.1 Unfortunately, we do not deliver to addresses outside the UK.
9.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
- Price of products and delivery charges
10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.
10.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and (b) if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
- How to pay
11.1 You can only pay for Products using a debit card or credit card. We accept all major credit and debit cards except for American Express.
11.2 All credit and debit card payments will be subject to validation checks and authorisation by the card issuer. If the card issuer refuses to authorise payment, we shall not be responsible for failure to deliver the Products to you.
11.3 Payment for the Products and all applicable delivery charges is in advance.
- Manufacturer guarantees
12.1 Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
12.2 If you are a consumer, a manufacturer’s guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
12.3 Not applicable anything of this nature which is rare is dealt with individually.
- Our liability if you are a consumer
This clause 13 only applies if you are a consumer.
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our 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.
- Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
- Other important terms
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.