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WILDHUT SUPPLY AND INSTALLATION TERMS AND CONDITIONS
PARTIES:
Wildhut Limited, incorporated and registered in England and Wales with company number 13488789 whose registered office is at 3 The Mount, Trumpsgreen Road, Virginia Water, Surrey GU25 4EJ ( the “Supplier”)
And the “Customer”
BACKGROUND:
These terms and conditions are the standard terms which apply to the provision by Wildhut (the “Supplier”) of bespoke sauna and related services to customers to be provided at their home.
1: Our Agreement
1.1 The terms of these terms and condition and the Order Confirmation create a legally binding contract between You and Us (the Agreement) and will come into force and be binding when (and only when) both You and Us sign the Order Confirmation.
1.2 The terms of this Agreement only apply if You are buying goods and services from Us as a Consumer (i.e. for purposes outside of Your business, craft or profession).
1.3 In reading and accepting the terms of this Agreement, You are aware of and understand Your rights and responsibilities, and if You are not sure, You have contacted Us for help or more information.
2.Information About Us
2.1 Wildhut Limited is a Private Limited Company.
2.2 We are registered in England under number 13488789 and Our registered office is at 3 The Mount, Trumpsgreen Road, Virginia Water, England, GU25 4EJ.
2.3 Our VAT number is G 402708330
3.Definitions and Interpretation
3.1 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
“Agreement” means the terms and conditions set out in this document and the agreed Order Confirmation;
“Agreed Times” means the times which You and We agree for Us to have access to the Property to carry out and complete the Services;
“Bespoke Goods” means Product which is made to Your specifications as set out in the Order Confirmation;
“Business” means any business, trade, craft or profession carried on by You or any other person/organisation;
“Consumer" means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to this Agreement means an individual customer of the Supplier who receives any Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;
“Model Cancellation Form” means the form attached to this Agreement;
“Order Confirmation” means the attached order form that sets out the details of Your order for the Products including the final specification (including any plans and drawings), the Price for the prducts, details of payment and the estimated delivery times and requirments, the details of the Services;
“Our Premises” means Our “business premises” as that expression is defined in the Regulations;
“Price” means the sums for the Products and Services as set out in the Order Confirmation (and payable in accordance with the invoices issued under Clause 7 of this Agreement) that You must pay for the Products and Services under the Agreement;
“Products” means the Bespoke Goods, materials and other items We supply as set out in the Order Confirmation;
“Project” means the project within which We will be providing the Products and Services to You, and the project may include supply or products, materials, work, or services (including design) additional to any Services We are to provide;
“Property" means Your home (as detailed in the Order Confirmation) Where the Product will be installed;
“Quoted Price” means the total of the Prices (inclusive of VAT) which is set out in the Order Confirmation;
“Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“Sauna Site” means the specific location (at the Property) where the Products are to be installed;
“Service(s)” means Our service where following delivery We confirm the Product is complete, positioned, assembled (if necessary) and secured to the Sauna Site, and confirm its correct installation. It will also include any other service We have agreed to provide on the Order Confirmation. It does not include the connection any electrics, plumbing (if necessary), woodburner (if necessary), or internet (if necessary) to the Product which will need to be done by suitably qualified Third Parties;
“Third Party Contractor” means any other suitably qualified contractor or consultant engaged by You to work on the Project (including but not limited to electricians and plumbers and contractors tasked with preparing the Sauna Site);
“Visit” means any occasion, scheduled or otherwise, on which We visit the Property to provide a Service;
“We/Us/Our” means the Supplier and includes all employees, agents and sub-contractors of the Supplier;
“You/Your” means you, as set out in the Parties section above and is a Consumer.
3.2 Each reference in this Agreement to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, or other means but excluding text messages (such as SMS or What’sApp).
3.3 Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
3.4 Each reference to “this Agreement” is a reference to this Agreement including the attached Order Confirmation to it.
3.5 The headings used in this Agreement are for convenience only and do not affect the interpretation of this Agreement.
3.6 Words signifying the singular number will include the plural and vice versa.
3.7 References to any gender will include the other gender.
3.8 References to persons, unless the context otherwise requires, include corporations.
4. Communication and Contact Details
4.1 If You wish to contact Us with questions or complaints, You may contact Us by telephone at 07481 363 651 between 10 am and 6pm on Monday to Friday or by email at enquiries@wildhut.com
4.2In certain circumstances You must contact Us in writing (as stated in various Clauses throughout this Agreement). When contacting Us in writing You may use the following methods:
4.2.1 contact Us by email at enquiries@wildhut.com or
4.2.2 contact Us by pre-paid post at 3 The Mount, Trumpsgreen Road, Virginia Water, Surrey GU25 4EJ.
5. Order Confirmation and Acceptance of Your Order
5.1The Order Confirmation will set out the Quoted Price and the required deposit as a percentage of the Quoted Price. The deposit will be 50% of the Quoted Price (the “Deposit”) (see Clauses 6 and 7).
5.2 You may accept the Quoted Price by signing and dating the Order Confirmation and returning it to Us within seven days.
5.3 When (but not before):
5.3.1You have returned that copy Order Confirmation signed and dated by You; and
5.3.2 We have countersigned the Order Confirmation;
You will be legally bound to pay the Quoted Price and upon Your Payment for Us to provide the Products and perform the Services as set out in the Order Confirmation.
5.4 It is up to You to ensure all sizes, dimensions, and details on the Order Confirmation are correct for what You need. By signing the Order Confirmation You are confirming that Your order for the Products is correct.
6.Deposit and Commencement of Manufacture and Services
6.1 You must pay Us the Deposit within seven days after You sign the Order Confirmation.
6.2 You have a “cooling off” period. As this Agreement relates to the provision of Bespoke Products and Services, this period begins once the
Agreement between You and Us has been made in accordance with clause 5.3 above, and it ends 14 calendar days later.
6.3 If You exercise the right to cancel during the cooling off Period, You will receive a full refund of any amount paid to the Us in respect of the Agreement.
6.4 We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
6.5 We will process the refund due to You as a result of a cancellation of Your order without undue delay and, in any case, within the period of 14 days after the day on which We are informed of the cancellation.
6.6 To cancel Your order, please email Us at enquiries@wildhut.com
6.7 Your Order will only be sent to Our suppliers when, the Deposit has cleared in Our bank account and the cooling off period has passed. The only exceptions to this are written confirmation from You to start carrying out the production of the Product within the cooling off period. We are under no obligation to accept Your request to start the manufacture of the Product.
6.8 If You request for Us to start performing the preparation of the Product during the cooling off period and We agree to do so, because the Products are bespoke You will You lose Your right to cancel.
6.9 We will not be liable for any costs incurred by You due to Your cancellation of the Project or termination of this Agreement.
7.Payment of Price and VAT
7.1 The Quoted Price for Products and Services will be the Price payable for those Products and Services as shown in the accepted Order Confirmation.
7.2 The Quoted Price and any other amounts payable are inclusive of VAT. If the rate of VAT changes before You accept that We may amend the Order Confirmation to include the amount of VAT that You must pay.
7.3 We will invoice You for the Deposit when We receive Your acceptance of the Order Confirmation, and We will invoice the balance of the Quoted Price at the stages set out in the Order Confirmation, in each case in the amount which the Order Confirmation states is payable at that stage.
7.4 We will not deliver the Product to the Property until the final installment set out in the Order Confirmation is paid.
7.5 We accept the following methods of payment:
7.5.1 Credit/debit cards; and
7.5.2 Bank transfer.
7.6 If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the rate of 5% above the base rate of Natwest Bank from time to time until payment in full is made. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.
7.7 If You have promptly contacted Us to dispute an invoice in good faith We will not charge interest while such a dispute is ongoing.
8. The Product
8.1 The Product shall conform to the specifications set out in the Order Confirmation. These specifications, as approved by You upon signing the Order Confirmation, confirm what You are getting and where it will be located on Your Property and You agree that it meets Your requirements and will form the basis of any Services that We provide to You. The Product specification in the Order Confirmation will supersede and replace all versions of provisional designs and all information, materials and requirements which You or Us have previously communicated to each other. The Order Confirmation is a part of this Agreement. We reserve the right to substitute any components of the Products, if We do so such substitution will be for a component of similar quality and performance. All specifications of the Product will be provided to a tolerance of 2%.
8.2 Significant components of the Product are made of natural materials (such as wood) which will have colour variations and characteristics, such as knots and We cannot guarantee the exact colour, shade, or grain. These cannot be considered a flaw, fault or reason for complaint by You.
8.3 We may use a computer aided design software system to produce a 3D design image of the Product. The intention is to provide a photo-realistic image of Your finished project. Your Product will be as close to this as possible although it is not an exact replica of the computer aided design image.
8.4 If You are unsure of any aspect of the design, measurements or any technical or other aspect of the Product, You should raise any query with Us to enable Us to have an opportunity to clarify any matter and/or amend Your design if it is necessary to do so prior to signing the Order Confirmation.
8.5 The Product will be built using the style, colours and finishes that You chose. The Products will be based on catalogue pictures/images (however specific fixtures and fittings supplied with the Product may differ from the fittings and fixtures in the catalogues. Unless you have expressly stated which fixtures or fittings you want as part of your Order Confirmation you agree to accept this condition). The shape, light and space at the Sauna Site all influence the final colour, meaning each completed project may look slightly different.
8.6 You acknowledge that the Product will require Your maintenance. This maintenance will depend on the Product and may include wiping down interior surfaces after use, treating the exterior of the Product; and replacing heating stones (if any). We will provide You with details of the necessary maintenance following the installation. Details on the maintenance Your Product will require are also available on request.
9. Delivery
9.1 We will use all reasonable endeavors to deliver the Products in accordance with the times set out in the Order Confirmation.
9.2You cannot decline late delivery if We are unable to deliver on the agreed date because We have problems with manufacturers or there are events outside of Our control.
9.3 We will notify You at least three weeks prior to the date We anticipate being able to Deliver the Product for installation at the Sauna Site.
9.4 You agree that prior to delivery:
9.4.1You have confirmed that the Property is accessible by Our delivery vehicle in accordance with any access requirements We have provided to You; In the event that these access requirements have not been met this shall be considered an ‘on site’ delay as set out in clause 9.5 below.
9.4.2 the Sauna Site will be prepared in accordance with the instructions provided in the Order Confirmation;
9.4.3 there is somewhere suitable on the Property to store the Product until We can provide the Services.
9.5 If there is any ‘on site’ delay caused by You or a third party, We reserve the right to extend the preparation or installation time frame. If this requires a separate Visit We reserve the right to charge for such Visit.
9.6 We will check the Product for damage on delivery and if goods are damaged during delivery, We will endeavor to repair or replace the items as soon as possible but cannot be held responsible for any delays or further costs You may incur.
9.7 Delivery shall be made in accordance with the Order Confirmation. No delivery shall occur until all payments for the Products and delivery as set out in the Order Confirmation have been received by Us. We shall ensure that:
9.7.1 each delivery of the Products is accompanied by a delivery note that shows the date of the Order Confirmation, the contract number, the type and quantity of the Products (including the code number of the Prodcuts, where applicable), special storage instructions (if any) and, if the Products are being delivered by instalments, the outstanding balance of Products remaining to be delivered; and
9.7.2 if We require You to return any packaging materials to us, that fact will be clearly stated on the delivery note. You shall make any such packaging materials available for collection at such times we shall reasonably request. Returns of packaging materials shall be at our expense. Otherwise, it shall be Your responsibility to dispose of any packaging.
9.8 In the event that the location is not accessible, or there is no one there to accept the delivery, we shall be entitled to store the Products and arrange for re-delivery with You. In such event You agree to pay the storage fee to us for each week (or any part thereof) that the Products are in storage and for any costs associated with the re-delivery.
9.9 If 10 Business Days after the Delivery Date you has not taken actual delivery of the Products, or agreed to terms for the storage and re-delivery of the Products, We may at our sole discretion resell or otherwise dispose of part or all of the Products. In such an event We shall be entitled to charge You:-
9.9.1for any storage and selling costs of the Products; and
9.9.2 if the sale price of the Goods is less than the amount You were due to pay for the Goods, any shortfall between the price the goods were sold for and the price that You were supposed to pay under this Agreement;
(together Deductions). We shall repay You any amounts paid by You less the Deductions within 10 Business Days of Completion of such sale. If You have not paid any amounts to Us or has paid less than the amount of the Deductions, then You shall be liable for the full amount of the Deductions less any amounts paid to Us(if any).
10.Services
10.1 We will provide the Services in accordance with the specification set out in the Order Confirmation and the terms of this Agreement.
10.2 We will ensure that the Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.
10.3 We will ensure that We comply with all relevant codes of practice and statutory or regulatory requirements.
10.4 We will at all times hold a valid employer and public liability insurance policy and will hold and keep up to date any and all licences or permits as may be required in order to provide the Services.
10.5 The plan for the Product (including its layout and orientation) will be set out in the Order Confirmation or soon after.
10.6 We undertake that We will fit the Products which We supply to You, together with items (whether appliances or other items) supplied by You, if any, which We have agreed are to be covered by the Service. You will be required to arrange for Third Party Contractors for the connection of any plumbing, electrical, fireplace or internet to the Product that We have advised You will be necessary on the delivery date. If such Third Party Contractors are unavailable We may require another Visit following the Third Party Contactors work to confirm that the Product has been properly installed. Until We have provided such confirmation the Product will not be under guarantee and it will not be suitable for use.
10.7 We undertake that Our Services will implement the approved Final Design.
Scope of Services:
10.8 We will do the following:
10.8.1 assemble (if required) and fit the Product (including interiors, doors, and heating elements) at the Sauna Site;
10.8.2 where You supply any other items which We have agreed to fit, We will fit them but We are not responsible for the selection, suitability, condition or performance of any such items;
10.8.3 Where You provide fixtures or fittings which We have agreed to fit We are not responsible for the selection, supply, suitability, condition or performance of any such appliances that We do not supply as part of the Products.
10.9 We will not do the following:
10.9.1 Connect the Product to power;
10.9.2 Connect the product to any water or sewerage system (if required for the Product);’
10.9.3 Connect the product to Wi-Fi (if required for the Product); or
10.9.4 Certify the fireplace (if the Product uses a wood burning heating system)
Delay:
10.9.5 Our carrying out of the Services might be affected by events beyond Our reasonable control. If so, there might be a delay before We can restart the Services, having made reasonable efforts to limit the effect of any of those events and having kept You informed of the circumstances, We will try to restart the Services as soon as those events have been fixed. Examples of events which might be beyond Our reasonable control include:
*cannot access the site at the times We agreed with You;
*You have not prepared the site in the way We agreed with You;
*availability of trades people; or
*poor weather conditions.
10.9.6 We may also reasonably refuse to start work or We may suspend work where You do not comply with Your obligations under this Agreement. You will be responsible for any delays (and the cost of any such delays) which arise as a result.
10.9.7 If it appears that the Sauna Site has not been prepared in accordance with Our directions or We reasonably believe that the Sauna Site is unsuitable, or any utility supply or connection is unsafe, faulty, flawed or inadequate or of poor quality, We may suspend work until You have had the necessary remedial works carried out.
10.9.8 If a delay is due to Your failure or any failure by a Third Party Contractor, We reserve the right to charge You for any additional Visit that may be required for Us to complete Our Services.
Care of Property and Damage etc.
10.9.9 We will take all reasonable steps to protect Your garden and items surrounding the Sauna Site or the access routes to the Sauna Site but We cannot take responsibility for any damage which is caused to those items if We have taken such steps. We will not take responsibility for any damage occurring to any items that You leave in place after We begin work where We have previously advised You that they are at risk and/or an obstacle to Our work and We have reasonably asked You to move them.
10.9.10 You will be responsible for any cleaning after We have completed the Services.
10.9.11 We do not accept any responsibility for any damage to the Sauna Site or any other part of the Property resulting from structural or other defects in the Property. You must inform Us of any structural defects or anomalies at the Property which might affect or be affected by the Service.
Waste:
10.9.12 We will properly manage and arrange the safe and lawful disposal of all waste generated or removed from the Property that results from Our provision of Services
Remedial, Snagging and Additional Work:
10.10 Remedial or snagging work for completion of the Project is included in Our Service. For the avoidance of doubt the nature of remedial/snagging work is determined by Us at Our reasonable discretion. Any further return Visits may incur a cost.
10.11 We can be contacted for any issues regarding work completed by Us. If required We will return to Sauna Site to review the issue, resolve wherever possible if the issue lies with work carried out by Us, or advise on next steps if the issue does not lie with Us.
Your Additional Obligations and Responsibilities:
10.12 You must provide Us with a safe place to store the elements of the Product (including tools, equipment or other material We may require for the same).
10.13 You are responsible for keeping the Sauna Site and any locations where the any elements of the Product (or tools, equipment or other material We may require for the same) is being stored prior to installation secure.
10.14 You are responsible for ensuring before We begin any Service that, and You warrant that:
10.14.1 the installation of the Product complies with current building and council regulations, and that You have obtained consents in relation to these regulations, and agree that any costs incurred in obtaining these consents will be payable by You;
10.14.2 You have applied for and obtained any consents, licences or other permissions if any are needed from any third parties such as landlords, planning authorities, local authorities or similar;
10.14.3 any appliance, accessory, component or other item supplied by You for Us to fit is suitable for use with the Products and other items that We provide;
10.14.4 existing wiring, gas, water and waste pipe work within the Property is generally of a legal and good workman-like standard; and
10.14.5 You have located and advised Us of any hidden wiring or pipe work.
10.15 You must provide Us with all necessary technical details of any items which You provide to Us to fit (including without limitation appliance dimensions) necessary for their proper and safe installation.
10.16 You accept and agree that:
10.16.1 once We have left any Products or materials at Your Property, they will be regarded as delivered to You and You will be responsible for them and will account to Us for any loss or damage to them except if We cause the loss or damage; and
10.16.2 You will be responsible to take reasonable care of the tools and other equipment and will account to Us for any loss or damage occurring to them due to Your negligence or that of any other occupant of or visitor to the Property.
10.17 You are responsible for ensuring that:
10.17.1We have access through the Property and to the Sauna Site at the Agreed Times and that such access is and remains appropriate and adequate;
10.17.2 We have a parking permit (for a visitor to the Property) which We can use throughout the time We are providing the Services if required or imposed by a local or other authority;
10.17.3 We can access and use electrical power from electrical outlets (from normal 220/240 volt 3-pin sockets);
10.17.4 We can access and use water from a supply of hot and cold running water;
10.17.5We can use Your toilet and washing facilities;
10.17.6We have and can use such facilities at the Property as may be reasonably necessary for Us to carry out and complete the Services;
10.17.7 You follow Our reasonable instructions relating to safety and the state of either Our work (whether it is work completed or in progress) or the Sauna Site and adjacent areas of the Property in general, including directions and restrictions on appropriate usage, care and maintenance;
10.17.8 You co-operate with Us generally as may be necessary to facilitate Our carrying out and completion of the Services; and
10.17.9 You have arranged for suitably qualified Third Party Contractors to be available on the delivery day to complete the necessary connections to the Product.
10.18 We accept no responsibility for damage or breakage related to:
10.18.1Third Party Contractors;
10.18.2 Damage or delays caused by a lack of suitable secure storage space for the Products; and
10.18.3 Pre-existing structural or other defects at the Property.
10.19 Once We have confirmed the Product is ready for use, and You confirm the same, the ownership of the Product will pass to You.
11.Problems with the Services and Your Guarantee
11.1 In addition to any statutory rights which You may have, We guarantee that following Our written confirmation that the Product is ready for use, and Your acknowledgement of the same, the work We carry out as part of the Services, and the materials and Products that We supply will be free from material defects or flaws for a guarantee period of 12 months following completion of the Services.
11.2 You will be entitled to the benefit of the full warranty period from the manufacturer that applies to the heating unit that We incorporate into the Product. This warranty will be specific to the manufacturer and may only valid once registered by You within the manufacturers specified time frame.
11.3 Whilst We aim to deliver the Product and provide the Services to You according to the timetable specified in Order Confirmation, the dates and time frames for delivery for Products and carrying out the Service are provided for guidance only and We do not guarantee that the Services will be performed or completed by or within those or any other dates or time frames. For the purposes of the delivery of the Product and Services, time shall not be of the essence.
11.4 If a defect occurs during the warranty period which is due to Our faulty workmanship, We will repair wherever possible, or replace the faulty item. We will not charge You for remedying problems under this section where the problems have been caused by Us.
11.5 If We determine that a problem has been caused by:
11.5.1incorrect or incomplete information or action provided or taken (or not been provided or taken) by You (including any maintenance requirements relating to the Products which We have notified You about and You have not undertaken); or
11.5.2 your excessive use (more than 5 sessions per week – with two hours per session) and/or more than 520 hours in a year;
we may charge You for remedial work. If We determine that a problem has been caused by a Third Party Contractor, We will not carry out any remedial work and instead will inform You of the problem which You may then follow up with the Third Party Contractor in question.
11.6 We always use reasonable efforts to ensure that Our provision of the Services is trouble- free. If, however, there is a problem with the Services We request that You inform Us as soon as is reasonably possible (You do not need to contact Us in writing in this case). We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
11.7 We will not be responsible for any alleged faults unless We have inspected the Products at the Sauna Site. We must be able to inspect the Product personally to check the workmanship. It is not sufficient to gain an opinion solely from the manufacturer or a third party who may not have the expertise on the product or installation. If after inspection, the Products have been found to be defective due to Your own misuse, tampering or lack of maintenance during the warranty period, any warranty or guarantee We have provided will no longer apply and We will not be responsible for any remedial work, repair or replacement.
11.8 As a consumer, You have certain legal rights with respect to the purchase of goods or services. For full details of Your legal rights and guidance on exercising them, it is recommended that You contact Your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, You have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You, You have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, You also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You (or if Our breach concerns information about Us that does not relate to the performance of the Services), You have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with Your legal rights, We will not charge You for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Quoted Price and, where You have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that You are entitled to the refund) and made via the same payment method originally used by You unless You request an alternative method. In addition to Your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described.
12.Third Party Contractors
12.1 Where We or You identify that in order to implement the Project, there are services or products needed in addition to the Services or Products, the following will apply.
12.2We acknowledge that You may decide to appoint Third Party Contractors to carry out those additional services. It will be Your decision as to whether to appoint any Third Party Contractor(s) and as to which Third Party Contractor(s) to appoint. We will not be involved in the appointment of such Third Party Contractors. If You choose to appoint a Third Party Contractor, the contract in that case will be between You and the Third Party Contractor. We will not be a party to that contract and payment of the Third Party Contractor will be at Your own cost and expense.
12.3 Where We are required to cooperate with any Third Party Contractor(s), We will use reasonable efforts to do so and to ensure that the Services are provided in accordance with the Agreement.
12.4 We will require You to use reasonable efforts to keep Us informed of the progress of the Sauna Site and in particular the activities of any Third Party Contractor(s) whose work may affect Our provision of the Services (whether adversely or otherwise).
13.Complaints and Feedback
13.1We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
13.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from Wildhut Limited at 3 The Mount, Trumpsgreen Road, Virginia Water, England, GU25 4EJ.
13.3 If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
13.3.1 In writing, addressed to Thaisa Box, 3 The Mount, Trumpsgreen Road, Virginia Water, England, GU25 4EJ; or
13.3.2 By email, addressed to thaisa@wildhut.com or enquries@wildhut.com
14.Termination
14.1 You may terminate the Agreement with immediate effect by giving Us written notice if:
14.1.1 We have breached the Agreement in any material way and have failed to remedy that breach within 14 days of You asking Us in writing to do so;
14.1.2 We enter into liquidation or have an administrator or receiver appointed over Our assets;
14.1.3 We are unable to provide the Services due to an event outside of Our control (see Clause 16).
14.2 We may terminate the Agreement with immediate effect by giving You written notice if:
14.2.1 You fail to make a payment on time as required under Clause 7 (this does not affect Our right to charge interest on overdue sums under Clause 7.6);
14.2.2 You have breached the Agreement in any material way and have failed to remedy that breach within 14 days of Us asking You in writing to do so; or
14.2.3 We have been unable to provide the Services for more than 12 weeks due to an event outside of Our control (see Clause 16).
14.3 For the purposes of this Clause 14, a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
14.4 If at the termination date:
14.4.1You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice;
14.4.2 We have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 7.
15.Effects of Termination
If the Agreement is terminated for any reason:
15.1 Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
15.2Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.
16.Events Outside of Our Control (Force Majeure)
16.1 We will not be liable for any failure or delay in performing Our obligations under the Agreement where the failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .
16.2 If any event described under this Clause 16 occurs that is likely to adversely affect Our performance of any of Our obligations under the Agreement :
16.2.1 We will inform You as soon as is reasonably possible;
16.2.2 Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
16.2.3 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
16.2.4 You or We may terminate the Agreement (see Clause 14).
17.Liability and Consumer Rights
17.1 We will maintain suitable and valid insurance including public liability insurance.
17.2 Subject to the following provisions of this Clause 17, We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of the Agreement or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
17.3 If We cause any damage to the Property, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your Property that We may discover while providing the Services.
17.4 We provide Products and Services for domestic and private purposes only. Subject to Clause 17.5, We make no warranty or representation that any Products or Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
17.5 Nothing in the Agreement is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
17.6 Subject to Clause 17.5, We are not legally responsible for any losses, costs, damages or expenses (direct or indirect) that:
17.6.1 were not foreseeable to You and Us when the Agreement was formed;
17.6.2 that were not caused by any breach on Our part;
17.6.3 were incurred by non-consumers;
17.6.4 incurred by You or any third party if We did not meet any estimated installation dates;
17.6.5 are related to claims for disruption to lifestyle;
17.6.6 result from the delay of the delivery of the Product or the Services including if:
*You fail to make information available to Us or fail to provide Us with adequate instructions or information to allow Us to perform the Services or deliver the Products; or
*You fail to make the Sauna Site available to Us or fail to prepare the Sauna Site as required for Us to provide the Services, or fail to provide Us with adequate instructions or information to allow Us to perform the Services; or
*Were incurred because You failed to register any manufacturer warranties or guarantees We informed You of.
17.7 Subject to Clause 17.5 We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or breach of the contract on Our part and except where expressly stated otherwise Our liability does not extend beyond the repair if possible, or replacement if necessary, of the damaged product and adjacent products as far as it is reasonably practicable.
17.8 As a “consumer” as defined by the Consumer Rights Act 2015, or as a consumer for the purposes of any other consumer protection legislation, nothing in the Agreement is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
17.8.1 the Consumer Rights Act 2015;
17.8.2the Regulations;
17.8.3 the Consumer Protection Act 1987; or
17.8.4 any other consumer protection legislation, as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
18. How We Use Your Personal Information (Data Protection)
We will only use Your personal data as set out in Our Privacy Notice available from Wildhut Limited https://www.wildhut.com/privacy-policy
19.Other Important Terms
19.1 We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
19.2 You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
19.3 The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.
19.4 If any provision of the Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision in question will not be affected.
19.5 No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.
20.Regulations and Information
20.1 We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You have both signed the Agreement and accepted the Order) except where that information is already apparent from the context of the transaction. We have included the information itself either in the Agreement or Order Confirmation for You to see now, or We will make it available to You before We and You sign the Agreement and accept the Order. All of that information will, as required by the Regulations, be part of the terms of Our Agreement with You as a Consumer.
20.2 As required by the Regulations:
20.2.1all of the information described in Clause 20.1; and
20.2.2 any other information which We give to You about any Services or Us or Our business which You take into account when deciding to sign the Agreement and accept an Order Confirmation or when making any other decision about Services,
will be part of the terms of Our Agreement with You as a Consumer.
21.Law and Jurisdiction
21.1 This Agreement, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England and Wales
21.2 As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Clause 21.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
21.3 Any dispute, controversy, proceedings or claim between You and Us relating to this Agreement, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.