Terms & Conditions

Swimming Pond Shop (SPS) Terms & Conditions 

1.
a) Swimming Pond Shop Ltd, SPS Ltd, and any affiliated companies will be referred to as ‘SPS’.
i) Any reference to ‘we’, ‘our’, ‘us’ refers to SPS.
b) The purchaser, customer, consumer, or user of this website or any sales and service provided. by SPS will be referred to as ‘the customer’.
i) Any reference to ‘you’ refers to the customer.
c) The term ‘account’ refers to:
i) Holding a trade account with SPS Ltd.
ii) Having an online login account on any SPS Website.
d) The term ‘service’ includes, but is not limited to:
i) The use of any SPS Website.
ii) Any SPS Website.
iii) The ordering/request of any product, return, delivery, shipment, sample, item, credit, invoice, instruction, email.
iv) Any purchases made from SPS.

2. General Terms

a) The prices/products/offers listed on our website and in our catalog are intended as an invitation to treat and not a guarantee of sale or a contractual offer.
b) Prices and products are subject to change, and availability may be limited.
c) Images of products are provided as an indication, and the actual colours/appearance of the product may vary.
d) SPS will not be responsible for sending incorrect goods if orders by email or telephone do not include product codes. Only specifically stated product codes during the order process will grant the customer any rights for replacement or refunds of goods that were not the intended order. This policy does not apply to broken goods or affect any rights granted by statute.
e) While we may refund any unused goods at our discretion, you will bear the charge for delivery and associated costs. This policy does not apply to goods not listed in our product catalog or for orders made via our website.
f) SPS accepts no liability for any advice given to the customer, whether during electronic, phone, or face-to-face conversations. The customer strictly follows any and all advice at their own risk.
g) Some of our products may require specialist installation. We recommend that goods are used and/or installed by a professional, following all provided instructions.
h) If the customer registering with SPS is a business entity, you represent that you have the authority to legally bind that entity.
 
3. Delivery

a) Our ‘Next Day’ delivery service is a next working day service (weekdays) and is not guaranteed. We strive to provide orders by the next day, but this may not always be possible. SPS will not be liable for any losses due to late deliveries. We strongly recommend that if you need items before a certain date, the customer should order as early as possible.
b) Each time the customer places an order or requests drop off or pick up of any item, including through a third party, SPS must be provided with the explicit address to which the request applies. If no address is given, the default address agreed upon during the account setup will be used.
c) For information about our delivery prices, please contact us or visit ‘web address’
d) Effective immediately, SPS will no longer provide free carriage on back orders unless stock levels have been verified prior to ordering. If an item appears to be in stock but is actually unavailable due to a system error, SPS will waive the carriage charge. However, if an order is placed without prior verification and items are out of stock, a carriage charge will apply.

4. Accounts, Balances, and Payments

a) SPS does not offer credit. All orders must be paid in full before they are shipped.
b) SPS reserves the right to refuse the sale or dispatch of goods without prior notice if an account has an overdue or unpaid balance.
c) Where permitted by law, SPS reserves the right to charge interest on any unpaid balances after 30 days.
d) SPS reserves the right to refuse the customer an account or the right to purchase goods or use services provided by SPS.
e) SPS reserves the right to revoke the customer’s account status if there is an overdue payment or bill for more than 30 days.
f) Any check provided by the customer that does not clear on the first presentation will incur a charge of £30 to cover our costs.
g) The customer will be responsible for any charges incurred by SPS for the recovery of debt by an outside agency.
h) All goods remain the property of SPS until they are fully paid for by the customer.
i) SPS reserves the right to reclaim any goods from the customer and/or the customer’s premises that have not been paid for in full within 30 days of the sale/provision.

5. Online Stores – Applies to Online Stores but can also apply to any type of SPS Service.

a) Placing an order by the customer does not constitute a legal contract. The customer makes an offer during the order/checkout process on our website, which becomes a binding contract only when SPS accepts the offer. Automatic/online payment does not constitute acceptance.
b) SPS will accept the offer once the customer’s order is notified as ‘preparation in progress,’ ‘shipped,’ or ‘delivered.’
c) Any notifications of payment acceptance refer only to the payment process and not the acceptance of an offer.

6. Returns

a) When returning a faulty/unwanted product to SPS, the customer agrees to include a completed SPS Returns form ‘example of form – CLICK HERE’, providing sufficient written information for SPS to contact them. This must include at least:
i) A working telephone number
ii) A valid return postal address
iii) Account name (if applicable)
iv) Indication that it is a return, a description of the fault, and the desired action.
v) Returns without this information will not be processed as the necessary details to establish the reason for the return will be missing.
b) SPS reserves the right to reject any claims of damage that are not covered by the customer’s statutory rights.
c) SPS may refuse to repair, accept, replace, refund, or take any action on a returned product if any of the following reasons apply:
i) No fault is found.
ii) The fault was caused by the customer.
iii) The fault was caused by a third party supplied by the customer.
iv) The product is out of warranty, and the fault is not covered by statutory rights.
If The customer returns an item that SPS is not obligated to act upon and/or is not covered by statute. The customer must bear all carriage charges for sending the item to and from SPS.
SPS reserves the right to refuse a return if it is not returned by the original purchaser of the product.
d) SPS will impose a “Re-stocking” charge of 30% of the original purchase price for items returned to us.

IMPORTANT as the dealer/supplier/installer, it is your responsibility to inspect the product before returning it to SPS. You must check for user error, misuse, or lack of maintenance. If a product is returned and only requires cleaning or servicing, the customer will be charged for such services and any incurred carriage charges.

7. Customer Obligations

a) The customer agrees not to:
i) Breach or circumvent any laws, third-party rights, SPS’ systems, or our terms and conditions.
ii) Infringe on SPS’s or its affiliates’ copyrights, trademarks, or other rights.
iii) Use SPS’ Services if unable to enter into legally binding contracts (e.g., under 18 years old) or if temporarily or indefinitely suspended from using our services.
iv) Manipulate item prices or interfere with website listings or services.
v) Post false, inaccurate, misleading, defamatory, or libelous content on any SPS websites.
vi) Take actions that may harm or undermine features designed for user feedback on any SPS website.
vii) Transfer or assign your account or control of your account to another party without our consent.
viii) Distribute or post spam, unsolicited electronic communications, chain letters, or pyramid schemes on any SPS website or service.
ix) Distribute viruses or any other technologies that may harm SPS or its users on any SPS website or service.
x) Use any robot, spider, scraper, or other automated means to access our Services or websites for any purpose.
xi) Generate disproportionate activity or traffic on SPS websites/services.
xii) Copy, modify, or distribute SPS’ copyrights and trademarks or content derived from them.
xiii) Copy, reproduce, reverse engineer, modify, create derivative works, distribute, or publicly display any content (except for your own information) from our Services without prior express written permission from SPS and any appropriate third party, as applicable.
xiv) Harvest or collect user information, such as email addresses, without their consent from any SPS website or service.
xv) Circumvent any technical measures used by SPS to provide services and security on any SPS website.
xvi) Share our trade prices with anyone other than the trade account holder.
xvii) Copy, use, distribute, or modify any images or content from our publications or websites without our express consent.
b) Important Warning: Providing false, misleading, or inaccurate information during the use of any SPS service that causes loss or damage to SPS may result in civil and/or criminal liability. Please consult a legal advisor if you have any questions.

8. Exclusion of Liabilities

a) SPS shall not be liable to you in contract, tort (including negligence), or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation, or business interruption, or for any losses that are not reasonably foreseeable by us, arising directly or indirectly from:
i) Your use of or inability to use SPS’ services;
ii) Pricing, postage, or other guidance provided by SPS;
iii) Delays or disruptions in our Services;
iv) Viruses or other malicious software obtained through accessing or linking to our services;
v) Glitches, bugs, errors, or inaccuracies of any kind in our services;
vi) Damage to your hardware device resulting from the use of any SPS Service;
vii) Suspension or other actions taken regarding your account or breaches of our terms and conditions;
viii) Deliveries that are later than expected, provided the cause is reasonable;
ix) The need to modify practices, content, or behaviour or the loss of ability to do business due to changes in these terms and conditions.
b) We strive to keep SPS and its services safe, secure, and functioning properly, but we cannot guarantee continuous operation or access to our Services.

9. Scope of Agreement – General Statements and Terms

a) In some jurisdictions, the disclaimer of warranties or exclusion of damages may not apply to you, especially if you are a consumer.
b) Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, death, or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.
c) You will fully compensate SPS for any losses or costs, including reasonable legal fees, that we incur as a result of your breach of these terms and conditions, improper use of SPS’ Services, or violation of any law or third-party rights.
d) The Customer’s statutory rights remain unaffected.
e) Use of this or any SPS website or the purchase/use of any goods/services by The Customer shall be considered acceptance of the above-mentioned Terms and Conditions.
f) Subject to your compliance with these Conditions of Use and applicable Service Terms, SPS or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the SPS Services. This license does not include any collection and use of any product listings, descriptions, or prices; any derivative use of any SPS Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by SPS or its licensors, suppliers, publishers, rights holders, or other content providers. No SPS Service, nor any part of any SPS Service, may be reproduced, duplicated, copied, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SPS without our express written consent. You may not use any Meta tags or any other “hidden text” utilizing SPS’s names or trademarks without our express written consent.

10. Waiver

a) If you breach these Conditions of Use and we do not take immediate action, we still retain the right to use our rights and remedies in any other situation where you breach these Conditions of Use.
b) If you breach these Conditions of Use and we do not take immediate action, we still retain the right to use our rights and remedies in the future to the extent allowed by law.

11. Communications

a) When you use any SPS Service or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the website or through other SPS Services. For contractual purposes, you consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
b) By holding any account with SPS, you grant us the right to retain any information sent to us through any medium of communication.
c) SPS may forward any emails or letters sent to us to appropriate third parties with whom SPS trades to enable us to continue providing our services.
d) SPS rejects all statements of email confidentiality and offers to contract regarding email communications privacy. By sending us an email, you grant that we may store your emails and pass them on to relevant third parties.

12. Changes and Amendments to Terms

a) We reserve the right to make changes to any SPS Service, policy, terms and conditions, including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies, and Conditions of Use in force at the time you use the SPS Services. If any of these Conditions of Use are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

13. Our Contact Details

a) Swimming Pond Shop 2 Hall Lane, Shelfanger, Diss, Norfolk IP22 2AP
b) SPS 2 Hall Lane, Shelfanger, Diss, Norfolk IP22 2AP

SPS reserves the right to terminate all contracts, account statuses, correspondence, sales, and business relations (except those granted by statute) if the above terms and conditions are breached.

Please note SPS does not provide Product Feeds or CSV files.