LUXURY FOR LESS LIMITED T/A soak.com:
TERMS AND CONDITIONS FOR THE SALE OF GOODS
UPDATED ON 13 JULY 2017
WELCOME TO THE SOAK.COM (TRADING AS LUXURY FOR LESS LIMITED) WEBSITE TERMS AND CONDITIONS FOR USE.
Do not arrange any installation work until you have received and checked your Products. In the unusual case that there is a problem with your Products or delivery, we don’t want you to pay for plumbers or installers unnecessarily. Any good plumber or installer should be happy to check you have all the requisite Products before they start working on any project for you.
These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this Website.
Before you place an order, if you have any questions relating to these terms and conditions, please contact our Customer Service team by e-mail at firstname.lastname@example.org, or call us on 0333 004 6333. All calls to Customer Services will be charged at the local or national rate (BT users only, other network charges may vary), and both inbound and outbound calls may be recorded for quality monitoring and training purposes.
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 by placing an order you will be agreeing to these Terms.
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 8. 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, and any Contract between us, are only in the English language.
- INFORMATION ABOUT LUXURY FOR LESS (SOAK.COM)
This website is owned and operated by Luxury for Less Limited, a company
registered in England and Wales (company registration number 8013835) whose
registered office is at Luxury For Less Limited
Attleborough House, Townsend Drive, Attleborough Fields Industrial Estate,
Nuneaton, Warwickshire CV11 6RU. Our registered VAT number is 163586191.
Unless we say otherwise, we use the terms "SOAK.COM", "Luxury for Less", "we"
and "us" on this website to refer to Luxury for Less (trading as SOAK.COM)
throughout the website terms and conditions, which include the Website Terms
If you want to ask us anything (whether about our products and services, this website, any of our terms and conditions or otherwise), then please contact us. 2.
- CONTACTING US
- If you are a consumer:
- To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know either verbally or in writing that you have decided to cancel. You can e-mail us at email@example.com or contact our Customer Services team by telephone on 0333 004 6333 or by post to Luxury For Less Limited Attleborough House, Townsend Drive, Attleborough Fields Industrial Estate, Nuneaton, Warwickshire CV11 6RU. 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 notice of cancellation by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter.
- 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 0333 004 6333 or by e-mailing us at firstname.lastname@example.org.
- If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
- If you are a business:
You may contact us by telephoning our customer service team at 0333 004 6333 or by e-mailing us at email@example.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 18.3.
- If you are a consumer:
- OUR PRODUCTS
- 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.
- Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site and advertisements have a 2% tolerance.
- The packaging of the Products may vary from that shown on images on our site.
- Whilst we always endeavour to ensure all product descriptions are correct, we advise customers to seek technical advice from qualified sources prior to ordering products and carrying out any works.
- Please note that certain products such as bathroom furniture may need some alteration to suit specific requirements, such as pipe work, space constraints and designs. Any such alterations are carried out at the customers own risk, and as such the product guarantees may be rendered invalid in the event these are not installed in line with instructions.
- USE OF OUR SITE
- HOW WE USE YOUR PERSONAL INFORMATION
- IF YOU ARE A CONSUMER
This clause 6 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.
- You may only purchase Products from us if you have sufficient funds to cover the proposed payment to us.
- IF YOU ARE A BUSINESS CUSTOMER
This clause 7 only applies if you are a business.
- If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
- You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
- How the contract is formed between you and us
- 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.
- 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. Our acceptance of your order will take place as described in clause 7.8.
- We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
- 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 11.5, we will inform you of this by e-mail and we will not process your order. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
- OUR RIGHT TO VARY THESE TERMS
- 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.
- 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, subject to clause 8.3 below.
- We may revise these Terms as they apply to your order from time to time to reflect any changes in relevant laws and regulatory requirements.
- 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
- If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 9.2. 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.
- Your legal right to cancel a Contract starts from the date of the Dispatch
Confirmation (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 a Dispatch Confirmation 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 a Dispatch Confirmation 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.
- 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 e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone on 0333 004 6333 or by post to Luxury For Less Limited, Attleborough House, Townsend Drive, Attleborough Fields Industrial Estate, Nuneaton, Warwickshire CV11 6RU. 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.
- If you cancel your Contract we will:
- 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. See our Returns page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- 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 9.7;
- 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.
- If you have returned the Products to us under this clause 9 because they are
faulty or mis-described, we will:
- examine the returned products;
- if the products have been returned because of a defect not caused by you or
your servant or agent (including plumber or other installer), 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.
We will notify you in relation to your refund via email within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 14 days from the date we confirmed to you via email that you were entitled to a refund for the defective product;
- if upon return, the damaged Products have been modified or have undergone any attempted installation, you may be responsible/liable for any costs of return or redelivered product that is not in the condition previously stated. Where it is deemed necessary for us to collect an item on your behalf we may charge a reasonable collection fee up to the maximum value of £149.95, which we would advise prior to collection of the item. We will refund your money on orders within 14 days of cancellation less any delivery cost as detailed.
- 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.
- Under the Consumer Contracts Regulations you have the legal right to cancel
your order within fourteen days of receipt of your goods. You do not need to
give us any reason for cancelling your contract nor will you have to pay any
penalty. However, you will need to notify us in writing or by telephone if you
wish to cancel your contract. If a Product has been delivered to you before you
decide to cancel your Contract:
- 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 must send the goods back to our return address specified on our order acknowledgement at your own cost and risk. We recommend that you ensure any courier you appoint has appropriate insurance and we recommend using a recorded mail service for sending any parcels. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at your own cost and risk as soon as possible.
- unless the Product is faulty or not as described (in this case, see clause 9.5), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection which shall be reasonable and not exceed £149.95 as outlined in clause 9.5 above.
- 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 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
This clause 9 only applies if you are a consumer.
- DELIVERY AND AVAILABILITY
- Availability of delivery of our Products is as specified on our site from time to time. We currently offer delivery of all our Products to all mainland UK destinations. The availability of delivery of Products to your destination will be confirmed to you in the Dispatch Confirmation.
- Your order will be fulfilled by the delivery date set out in the Dispatch
Confirmation or, if no delivery date is specified, then within 30 working days
of the date of the Dispatch Confirmation, unless there are exceptional
circumstances. All non-mainland UK deliveries may be subject to an
additional delivery charge and also may have delivery restrictions.
If we attempt delivery on an agreed delivery date and you are unavailable to
receive the delivery and our couriers have not been informed of alternative
arrangements, you may be subject to a further re-delivery charge. For UK
orders, a map of the UK which will give you the minimum delivery charge for
your postcode (provided at time of placing the order) can be found under
the section delivery prices.
We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. We recommend that you do not confirm the start date with your installer until you have received and checked your delivery. If you do not check your delivery is correct before installation starts we will not accept liability for any additional costs that you incur while any product issues are resolved. Before any of our products are loaded onto our delivery vehicles and leave our premises to be delivered to you, we undertake a quality control check which consists of a visual examination of the product. If however, in the unlikely event that you receive a damaged product or the packaging is damaged, it is your responsibility to report this information to us within 14 working days from receipt of the product and before any installation work is undertaken. We will then deal with the product in accordance with our returns policy for defective products. Once you receive your delivery it should be checked immediately for any damage, missing items to enable you to sign for the delivery accordingly. If however, on opening the packaging you discover you have received a damaged product, it is the customer's responsibility to report this information within 14 working days from receipt of the product. It is the customer's responsibility to dispose of the empty wooden pallet and any packaging.
- We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an event outside of our control. See clause 17 for our responsibilities when this happens.
- If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. Any failed deliveries due to no one being available to accept the order where you have agreed a specific delivery day will incur a redelivery charge.
- Delivery of an Order shall be completed when we deliver the Products to the address you gave us or they are collected from us and the Products will be your responsibility from that time.
- You own the Products once we have received payment in full, including all applicable delivery charges.
- This clause 0 only applies if you are a consumer.
If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
- we have refused to deliver the Products;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
- If you do not wish to cancel your order straight away, or do not have the right to do so under clause 0, 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.
- If you do choose to cancel your Order for late delivery under clause 10.7 or clause 10.8, 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.
- PRICE OF PRODUCTS AND DELIVERY CHARGES
- 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 11.5 for what happens if we discover an error in the price of Product(s) you ordered.
- Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
- 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.
- 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 page.
- 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:
- where the Product's correct price is less than the price stated on our site, we may at our discretion make a refund to you of the difference in price when dispatching the Products to you; and
- 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. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid.
- HOW TO PAY
- You can only pay for Products using a debit card or credit card.
- Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
- Payment for all Products must be by credit or debit card either direct via our
website or through Paypal. We will charge your credit or debit card, direct or via
Paypal, upon receipt of your order. In the event that we do not accept your
order and are unable to dispatch the Products to you the price will be refunded
to the credit or debit card from which payment was taken or if paid through Paypal
the price will be refunded to your Paypal account. We also offer a finance
scheme under which you have the option to apply for finance. Please refer to separate PayPal Terms and
Conditions for more information. We may consider price matching providing the
following conditions are satisfied:
a) Delivery charge
d) Product description
e) Product specifications
- We will replace at our discretion, in part or whole, a product which is defective
in operation, materials or workmanship throughout the warranty period. If the
exact model is no longer available, we will endeavour to provide the nearest
equivalent from our then current range. To be covered by the guarantee, all
products should be installed in accordance with the instructions provided and be
for domestic use only. This product guarantee applies to the original purchaser
or end user, is non-transferable and takes effect from the date of purchase. The
guarantee does not cover damage during fitting, accidental or malicious
damage, improper use or negligence, discolouration due to prolonged exposure
to sunlight or UV light, general wear and tear (e.g. light bulbs, hinges, cartridges
and shower hoses are items that do need to be replaced periodically), damage
due to poor installation or servicing or consequential loss. LED shower heads,
bulbs in mirrors, electric showers, shower pumps, tap and shower cartridges,
shower hoses, toilet seats, cistern fittings, shower seals, basin waste & trap,
bath waste, shower rollers and hinges on bathroom furniture are guaranteed for
a period of 12 months from the date of purchase, in accordance with the
warranty period set out in section 15. Care should be taken in hard water areas
to ensure that cartridges are regularly cleaned. Care should be taken with
shower door seals and shower door runners to ensure they are kept clean and
well maintained to enable them to function correctly.
Please note we advise use of mild cleaning products (i.e. soap and water) on all our products. Strong and abrasive cleaning solutions are not recommended as failure to follow this may result in the warranty becoming invalid.
Please keep a copy of your original invoice or receipt to refer to in the event of any claim.
Our guarantee is in addition to your statutory rights, and does not affect your statutory rights.
- We will replace at our discretion, in part or whole, a product which is defective in operation, materials or workmanship throughout the warranty period. If the exact model is no longer available, we will endeavour to provide the nearest equivalent from our then current range. To be covered by the guarantee, all products should be installed in accordance with the instructions provided and be for domestic use only. This product guarantee applies to the original purchaser or end user, is non-transferable and takes effect from the date of purchase. The guarantee does not cover damage during fitting, accidental or malicious damage, improper use or negligence, discolouration due to prolonged exposure to sunlight or UV light, general wear and tear (e.g. light bulbs, hinges, cartridges and shower hoses are items that do need to be replaced periodically), damage due to poor installation or servicing or consequential loss. LED shower heads, bulbs in mirrors, electric showers, shower pumps, tap and shower cartridges, shower hoses, toilet seats, cistern fittings, shower seals, basin waste & trap, bath waste, shower rollers and hinges on bathroom furniture are guaranteed for a period of 12 months from the date of purchase, in accordance with the warranty period set out in section 15. Care should be taken in hard water areas to ensure that cartridges are regularly cleaned. Care should be taken with shower door seals and shower door runners to ensure they are kept clean and well maintained to enable them to function correctly.
- OUR WARRANTY FOR THE PRODUCTS
- We provide a warranty that on delivery and for a period of 10 years from delivery, the Products except for LED shower heads, bulbs in mirrors, electric showers, shower pumps, all cartridges, shower hoses & seals, toilet seats, cistern fittings, shower seals, basin waste & trap, bath waste, shower rollers and hinges on bathroom furniture. However, this warranty does not apply in the circumstances described in clause 14.2.
- The warranty in clause 14.1 does not apply to any defect in the Products arising
- fair wear and tear;
- wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- if you fail to operate or use the Products in accordance with the user instructions;
- any alteration or repair by you or by a third party who is not one of our authorised repairers; or
- any specification provided by you.
- If you are a consumer, this warranty 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.
- We warrant to you that any Product purchased from us through our site will, on delivery and, except for the bulbs in our LED products, shower hoses, toilet seats, cistern fittings, all cartridges and hinges, for a further period of 10 years from the date of delivery (warranty period) conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
- OUR LIABILITY IF YOU ARE A BUSINESS
This clause 15 only applies if you are a business customer.
- We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
- Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987.
- Subject to clause 15.2, we will under no circumstances whatever be liable to
you, whether in contract, tort (including negligence), breach of statutory duty, or
otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Subject to clause 15.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Products.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
- OUR LIABILITY IF YOU ARE A CONSUMER
This clause 16 only applies if you are a consumer.
- 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 this contract.
- We only supply the Products for domestic and private use. You agree not to use the Products 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.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- 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
- defective products under the Consumer Protection Act 1987.
- EVENTS OUTSIDE OUR CONTROL
- 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 of our control. An event outside of our control is defined below in clause 17.2.
- An event outside of 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.
- If an event outside of our control takes place that affects the performance of our
obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- 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 of our control. Where the event outside of our control affects our delivery of Products to you, we will arrange a new delivery date with you after the event outside of our control is over.
- You may cancel a Contract affected by an event outside of 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.
- COMMUNICATIONS BETWEEN US
- When we refer, in these Terms, to "in writing", this will include e-mail.
- If you are a consumer you may contact us as described in clause 2.
- If you are a business:
- Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
- A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- OTHER IMPORTANT TERMS
- 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. We will always notify you by posting on this webpage if this happens.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 14 to the recipient of the gift without needing to ask our consent.
- 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. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 14, but we and you will not need their consent to cancel or make any changes to these Terms.
- 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.
- 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.
- 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 to 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.
- If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
- Disclosure and cookies
SOAK.COM does not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party. Cookies are used on this shopping site to keep track of the contents of your shopping cart, to store delivery addresses if the address book is used and to store details if you select the "remember me" option? They are also used after you have logged on as part of that process. You can turn off cookies within your browser.
a) Take & fulfil customer orders
b) Administer & enhance the site & services
c) Only disclose information to third parties for goods delivery purposes.
- Offers and Competitions
Voucher codes cannot be used in conjunction with any other offer or promotional code. Voucher code entitles you, at the time of ordering, to a saving from SOAK.COM. SOAK.COM reserves the right to decline to accept orders where, in its opinion, a promotion code is invalid for the order being placed. Promotion codes are only valid while stocks last and may be withdrawn at any time. Only one promotion code can be used per order. Free delivery offer applies to orders over £399 for UK mainland address only (excludes Scottish Highlands & Islands). SOAK.COM's general terms & conditions still apply. SOAK.COM reserves the right to change these Terms & Conditions at any time.
- Online dispute resolution (ODR) platform
In the event that you have spoken to our Customer Services team about SOAK.COM goods or services and you still feel you have an issue or dispute regarding these, you can use the online dispute resolution (ODR) platform created by the EU Commission which allows consumers to submit their complaint through a central site at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage