The Leisure Warehouse Ltd
VAT Number 448178267
By placing an order or viewing the website, you accept the following terms and conditions set by The Leisure Warehouse Ltd, herein referred to “TLW”.
- The owner of this web site is The Leisure Warehouse whose address is 16 Moat House Square, Thorp Arch Trading Estate, Wetherby, LS23 7FB.
- You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
- You agree that e-mail can be used as the main means of communication.
- No contract for the sale of any product will subsist between you and TLW unless and until TLW dispatches your order, you will recieve a confirmation email to this effect. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time TLW sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by TLW of your offer to buy goods from TLW or a third party supplier engaged by TLW.
- You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
- TLW will not pass on your personal or credit/debit card details to any third party. We shall be entitled to process your data in accordance with our terms.
- You undertake that all details you provide to TLW for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
- You as the customer are responsible for any username and password created for this site or any site linked to TLW.
- If there are any changes to the details supplied by you it is your responsibility to inform TLW as soon as possible.
- We only accept cancellations if products are yet to be dispatched, once dispatched they will be treated as delivered orders. You may also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 14 working days after you receive the product by:
10.1 sending the notice of cancellation by email to firstname.lastname@example.org, or by post ensuring that you quote your name address and order reference number;
10.2 Where you have already received the goods, returning the goods to TLW together with the original invoice and notice of cancellation. TLW will refund you the purchase price of the goods, we reserve the right to charge a small handling fee for restocking.
- When TLW receives notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to TLW from your credit card in relation to the purchase price of the goods will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received in the condition that they were in when despatched to you. In the case that you decide that you do not want the product, for any reason, you will be liable for any delivery charges incurred in returning the goods to TLW.
- TLW reserves the right to refuse to accept goods which are not returned in the same condition as when despatched, at its sole discretion. TLW also reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.
- This section applies only to the extent permitted by law. For the avoidance of doubt, TLW do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from TLW negligence or wilful default, or that of TLW employees, agents or subcontractors or (b) fraudulent misrepresentation.
- If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.
- TLW will do its best to correct errors and omissions as quickly as practicable after being notified of them.
- In the unlikely event that you receive goods which were not what you ordered or are of a different quantity to that stated on your order form, TLW shall make good any shortage and correct any errors made by TLW or refund to you the amount you paid for the goods in question PROVIDED THAT you notify TLW of the problem in writing within 48hrs of delivery of the goods. If goods are damaged on delivery, you must sign the delivery note as damaged or unchecked and then contact TLW to inform us immediately. TLW does not accept liability for any damage in transit if the delivery has been accepted and signed for. Signing for a delivery accepts the delivery as received in an acceptable condition.
- You and TLW will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
- All products are covered by the manufacturer's warranty. If your product develops a fault while under warranty, please contact the manufacturer directly. All warranty agreements are held between the manufacturer and purchaser.
- Credit and Debit cards are debited on the day of ordering by TLW. All prices include VAT unless otherwise stated.
- Every purchase you make shall be deemed performed in the United Kingdom. UK law shall govern every aspect of contractual agreement concerning purchases made from the Site.
TLW aims to arrange shipment of all in stock items within 1 - 4 working days of receiving your order. Although we aim to hold stock of all items, we are sometimes caught out by demand. Where your item is out of stock, you will be notified immediately with an expected delivery date. You can choose to wait for your item or cancel your order. In the event of other products on your order being in stock, you will have the choice of cancelling the entire order or just the back ordered items. Any orders not in stock will usually be delivered within 7 working days but please allow 10 working days before contacting us.
In the unlikely event that your item gets delayed or goes missing in the post, refunds or replacements will only be issued 15 working days after the item was dispatched to allow our Customer Support Team to attempt to locate your order in our delivery chain.
- Our standard Returns Policy applies to all purchases from TLW.
- The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Account Details section of the site. Please note that your goods may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered by us.
- Title to any product ordered will pass to you once TLW has received payment in full for that product. Risk in any product ordered will pass upon delivery to you.
- TLW does not currently ship products internationally.
- For Christmas Deliveries, we recommend that you order by the 10th December. We will endeavour to dispatch all orders within 2 – 7 days, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.
- We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions, terrorism and any other similar events.
- We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
- No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same, or any other provision.
- You may not permit; create unauthorised framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.
- In these Terms, “Intellectual Property Rights” means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.
- Subject to the licence granted to you to use the Site, TLW reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of TLW and its affiliates' trade marks, trade and business names and service marks under this Agreement will vest in TLW and its affiliates, as appropriate.
- It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. TLW tracks the electronic 'fingerprints' of every order placed on our site to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
- We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:-
(i) You fail to make any payment to us when due;
(ii) You breach the terms of this Agreement (repeatedly or otherwise);
(iii) When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
(iv) We suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.
- TLW reserves the right to use any comments given by customers in our promotional activities.
Use of the Website
(i) You may view the content on the Website for personal non-commercial use. You may print and download information from this Website for your own personal use.
(ii) You confirm that you are of sufficient age to lawfully use this Website, enter into a contract and to create binding legal obligations for any liability you may incur as a result of the use of this Website. You understand that you are financially responsible for all uses of this Website by you and those using your log-in information.
(iii) In using the Website you acknowledge that TLW are not responsible for interactions between users of this Website. You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the Website in any way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas of sensitive information.
Liability and Disclaimers
Neither TLW nor any of its directors, employees, affiliates or other representatives will be liable to you (or any member of your group, your affiliates or any other person or party who has an interest in the purchase of a product / purchase made as a result of a listing) for:
(a) indirect, special or consequential loss or damages;
(b) loss of data, income, profits, business or opportunity; or
(c) loss of or damage to property, in each case arising out of or in connection with the use of any information, products, services, facilities and/or materials offered through this Website, even if TLW has been advised of the possibility of such loss or damage, or such loss or damages were reasonably foreseeable.
(i) To the greatest extent permitted by applicable law, all representations, warranties and conditions, whether express or implied, statutory or otherwise are hereby excluded, including without limitation representations, warranties or undertakings about any of the adverts / products, information and/or materials on this Website, including without limitation, their accuracy, their completeness or their merchantability, quality or fitness for a particular purpose.
(ii) Nothing in these Terms shall operate to exclude or limit liability arising out of:
(a) fraud or fraudulent misrepresentation or
(b) death or personal injury resulting from the negligence of the party seeking to rely on the exclusion or limitation.
You agree to indemnify and hold TLW, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Website, or other members of your group, in contravention of these Terms.
This Site contains material in the form of adverts submitted by third party advertisers and we accept no responsibility for the content or accuracy of such adverts nor do we make any guarantee of the contents of this Site in respect of the existence or availability of anything advertised whatsoever.
- TLW may amend these Terms from time to time, and place the new version on the Site. When theleisurewarehouse.co.uk. do so, it will mention the fact on our home page TLW. For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms. Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following theleisurewarehouse.co.uk. posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.
- These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between TLW and you relating to your purchase. TLW advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by TLW. We will store a copy of the contract entered into by you with TLW. You are advised to read (and are responsible for reading) fully all information on this website.
- If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.
If you are buying a product which is in any way connected to a gas appliance, then to conform to health and safety laws you must have a qualified gas engineer (ACOP/Gas Safe) to fit this item. We cannot be held responsible if these instructions are not followed.
- These Terms are subject to the laws/jurisdiction of the United Kingdom.