Terms & Conditions

Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:

  • up to 30 days: if your goods are faulty, you can get a refund;
  • up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases;
  • up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.

This contract sets out:

  • your legal rights and responsibilities;
  • our legal rights and responsibilities; and
  • certain key information required by law.

In this contract:

  • We’, ‘us’ or ‘our’ means INDIVIDUALITY SWIMMING LIMITED (company number 10977341) a company registered in England and Wales and our registered office is at 12 Haviland Road Ferndown Industrial Estate, Wimborne, Dorset, England, BH21 7RG. Our trading name is “Individuality Swimming & Fitness” and our trading address is 32 Enfield Road Poole BH15 3SG;  and
  • ‘You’ or ‘your’ means the person using our site to buy goods from us.

If you don’t understand any of this contract and want to talk to us about it, please contact us during normal business hours by:

1    Introduction

1.1    If you buy goods on our site you confirm that you are 18 years of age and agree to be legally bound by this contract.

1.2    You may only buy goods from our site for non-business reasons.

1.3    This contract is only available in English. No other languages will apply to this contract.

1.4    When buying any goods you also agree to be legally bound by extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you as much notice as reasonably possible. You can end this contract at any time by giving one month’s notice if we tell you extra terms apply.

All of the above documents form part of this contract as though set out in full here.

1.5    is made, we can only do this if you agree to it.

2    Your privacy and personal information

2.1    Our Privacy Policy is available at https://individualityswimmingandfitness.co.uk/privacy.asp.

2.2    Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

3    Ordering goods from us

3.1    Below, we set out how a legally binding contract between you and us is made.

3.2    You place an order on the site by adding items to your online cart and clicking Proceed to Checkout. Please read and check your order carefully before submitting it. If you need to correct any errors you can do so before submitting it to us.

3.3    When you place your order at the end of the online checkout process (e.g. when you click on the Proceed to PayPal we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

3.4    We may contact you to say that we do not accept your order. This is typically for the following reasons:

     3.4.1    the goods are unavailable;

     3.4.2    we cannot authorise your payment;

     3.4.3    you are not allowed to buy the goods from us;

     3.4.4    we are not allowed to sell the goods to you;

     3.4.5    you have ordered too many goods; or

     3.4.6    there has been a mistake on the pricing or description of the goods.

3.5    We will only accept your order when we email you to confirm this (Confirmation Email). At this point:

     3.5.1    a legally binding contract will be in place between you and us; and

     3.5.2    we will dispatch the goods to the address specified in your Order or your preferred delivery pool location..

3.6    If you are under the age of 18 you may not buy any goods from the site.

4    Delivery

4.1    We use Royal Mail to deliver our goods. Or you can choose to pick up the Goods from your preferred swimming pool location.

4.2    We will aim to deliver items to you within 14 days provided that they are in stock.

4.3    If something happens which:

     4.3.1    is outside of our control; and

     4.3.2    affects the estimated date of delivery;

we will let you have a revised estimated date for delivery of the goods.

4.4    Delivery of the goods will take place when we deliver them to the address that you gave to us.

4.5    Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:

     4.5.1    let you know;

     4.5.2    ask you if you wish to cancel your order; and

     4.5.3    if so, give you a refund.

4.6    If nobody is available to take delivery, please contact us using the contact details at the top of this page.

4.7    You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

4.8    We may deliver your goods in instalments/separate deliveries.

5    Payment

5.1    We accept payment by PayPal..

5.2    We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 2) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

5.3    PayPal will take payment from you immediately when you place your Order.

5.4    Payments by credit card or debit card via PayPal may need to be authorised by the relevant card issuer. We may also need to use extra security steps via such card providers such as Verified by Visa or Mastercard®SecureCodeTM.

5.5    If your payment is not received by us and you have already received the goods, you:

     5.5.1    must pay for such goods within 7 days; or

     5.5.2    must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.

5.6    If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

5.7    Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 7 and 9.

5.8    The price of the goods is in pounds sterling (£)(GBP) and includes VAT at the applicable rate; but does not include the cost of delivering the goods (delivery options and costs, are available on our webpage before you place your Order.

5.9     If you have a discount code, this must be entered on our site BEFORE you confirm your Order.

6    Nature of the goods

6.1    The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
     6.1.1    are of satisfactory quality;
     6.1.2    are fit for purpose; and
     6.1.3    match the description, sample or model

6.2    We must provide you with goods that comply with your legal rights.

6.3    The packaging of the goods may be different from that shown on the site.

6.4    While we try to make sure that the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.

6.5    Any goods sold:
     6.5.1    at discount prices;
     6.5.2    as remnants; or
     6.5.3    as substandard;
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

6.6    Making sure your details are accurate. If we are providing a personalised product from the information you have given us you are responsible for ensuring that this information and the spelling are correct as we cannot be responsible for misspelling or typos once the product has been made on the incorrect information.

7    Right to cancel

7.1    You have the right to cancel this contract within 14 days without giving any reason.

7.2    The cancellation period will expire after 14 days from the day on which you receive, or a third party other than the carrier and indicated by you receives, physical possession of the goods.

7.3    To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post or email) using the contact details at the top of this contract. You may use the model cancellation form at the bottom of these terms, but you don’t have to.

7.4    To meet the cancellation deadline, you must let us now you wish to cancel before the cancellation period has expired.

8    *** IMPORANT*** EXCEPTIONS TO YOUR RIGHT TO CANCEL

8.1    The law states that there are certain situations or occasions when your right to cancel does not apply. This includes:

     8.1.1    the supply of goods that are made to your specifications or are clearly personalised, e.g. our personalised hoodies;

     8.1.2    in the case of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery. For example, if the hygiene strip has been removed from swimwear.

8.2    However, this does not effect your statutory rights with regard to faulty goods see faulty goods clause below).

9    Effects of cancellation

9.1    If you cancel this contract, we will reimburse to you all payments received from you, including the costs of standard delivery (we will not refund the cost of more expensive delivery options such as a next day or timed delivery if available).

9.2    We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

9.3    We will make the reimbursement without undue delay, and not later than:

     9.3.1    14 days after the day we received back from you any goods supplied; or

     9.3.2    (if earlier) 14 days after the day you provide evidence that you have returned the goods; or

     9.3.3    if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

9.4    We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

9.5    We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

9.6    If you have received goods:

     9.6.1    you shall send back the goods or hand them over to us or at 32 Enfield Road Poole BH15 3SG without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;

     9.6.2    you will have to bear the direct cost of returning the goods; and

     9.6.3    you are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. For example, you may inspect the goods and open the packaging, but you will be responsible if you mark them or dirty them. Please also see clause 8 for the circumstances when you cannot cancel.

10    Faulty goods

10.1    Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the beginning of these terms..

10.2    Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

10.3    Please contact us using the contact details at the top of this page, if you want:

     10.3.1    us to repair the goods if this is possible;

     10.3.2    us to replace the goods;

     10.3.3    a price reduction; or

     10.3.4    to reject the goods and get a refund.

11    End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

12    Limit on our responsibility to you

12.1    Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

     12.1.1    losses that:

          (a)    were not foreseeable to you and us when the contract was formed;

          (b)    that were not caused by any breach on our part;

     12.1.2    business losses; and

     12.1.3    losses to non-consumers.

13    Disputes

13.1    We will try to resolve any disputes with you quickly and efficiently.

13.2    If you are unhappy with:

     13.2.1    the goods;

     13.2.2    our service to you; or

     13.2.3    any other matter,
     please contact us as soon as possible.

13.3    If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

     13.3.1    let you know that we cannot settle the dispute with you; and

     13.3.2    give you certain information required by law about our alternative dispute resolution provider which we may use from time to time. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us.

13.4    If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.

13.5    The laws of England and Wales will apply to this contract.

14    Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

Model cancellation form

To Individuality Swimming & Fitness, 32 Enfield Road, Poole, BH15 3SG. 

 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the sale of the following goods [*]

 

Ordered on [*]/received on [*]:

 

Name of consumer(s):

 

Address of consumer(s):

 

Signature of consumer(s) (only if this form is notified on paper):

 

Date:

 

[*] Delete as appropriate.