Refund policy

1. Interpretation

1.1 In these Conditions:

  • "Buyer" means the person whose order for Goods is accepted by the Seller.

  • "Goods" means goods (including any instalments of goods or any parts for them) which the Seller is to supply in accordance with these conditions.

  • "Seller" means OnlySwim, whose registered office is Unit 4k Crossley Park Crossley Road Heaton Chapel Stockport SK4 5BF.

  • "Conditions" means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller.

  • "Contract" means the contract for the purchase and sale of the Goods.

  • "Writing" includes telex, cable, and facsimile transmission.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted, or extended at the relevant time.

1.3 Paragraph headings of these Conditions shall not affect their interpretation.

2. Basis of the Sale

2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written order of the Buyer, which is accepted by the Seller, subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions.

2.2 No variation to these Conditions shall be binding unless agreed in Writing between the Buyer and the Seller.

2.3 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract, the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations not confirmed in writing.

2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer regarding the storage, application, or use of the Goods, which is not confirmed in Writing by the Seller, is followed entirely at the Buyer’s own risk. The Seller shall not be liable for any such advice or recommendation that is not confirmed in writing.

2.5 Any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice, or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

3. Orders and Specifications

3.1 The Seller reserves the right to require any order to be confirmed in Writing.

3.2 The Seller reserves the right to demand payment of a deposit before accepting an order where the Goods ordered are to be produced, adapted, designed, or altered to a specification provided by the Buyer.

3.3 The quantity, quality, description, and any specification for the Goods shall be as set out in the Seller’s catalogue and, where appropriate, the Buyer’s order (if accepted by the Seller).

3.4 The Seller reserves the right to make changes to the specification of the Goods as required to comply with applicable safety or statutory requirements, or which do not materially affect their quality or performance.

3.5 No order accepted by the Seller may be cancelled by the Buyer, except with the Seller's written agreement and on terms the Seller requires. If the Goods have not been altered, designed, or produced to the Buyer’s specifications, any order may be cancelled, subject to a payment of up to 25% of the order price. All invoices and delivery references must be quoted.

3.6 Goods returned for credit will only be accepted if accompanied by the relevant invoice and delivery references. Where Goods have been correctly supplied, they will only be accepted back if unused and in the same condition (including packaging) in which they were supplied. A handling charge of up to 25% of the purchase price may apply.

4. Price of Goods

4.1 The price of the Goods quoted in the Seller’s current catalogue is valid until the date specified.

4.2 Notwithstanding section 4.1, the Seller reserves the right to increase the price of the Goods to reflect any increase in the cost to the Seller due to:

  • (a) Any factor beyond the Seller’s control (such as foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in labour, material, or other manufacturing costs).

  • (b) Any change in delivery dates, quantities, or specifications for the Goods requested by the Buyer.

  • (c) Any delay caused by instructions of the Buyer or failure of the Buyer to provide adequate information or instructions.

4.3(a) All prices are ex-works. Where the Seller agrees to deliver the Goods to the Buyer’s premises or another location, the Buyer shall be liable for transport, packaging, and insurance charges, except where the total price of the Goods exceeds £600 for UK mainland delivery or £1,200 for other UK locations, in which case delivery is by carrier without guaranteed delivery times.

4.3(b) Carriage will be charged on all product codes marked ✽.

4.4 The Seller may arrange “next day” delivery upon request, subject to:

  • (a) Sufficient stock availability.

  • (b) Payment by the Buyer of all delivery, transport, and insurance charges.

  • (c) Payment for the Goods and carriage on or before delivery if required.

4.5 Prices are exclusive of VAT, which the Buyer shall be liable to pay.

5. Terms of Payment

5.1 The Seller is entitled to invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer, or the Buyer fails to take delivery. In these cases, the Seller may invoice the Buyer once the Goods are ready for collection or delivery.

5.2 The Buyer shall pay the price of the Goods and any transport charges within 30 days of the Seller’s invoice date, even if delivery has not occurred and the title of the Goods has not passed to the Buyer. The time of payment is of the essence of the Contract.

5.3 If the Buyer fails to pay by the due date, the Seller may:

  • (a) Cancel the Contract or suspend further deliveries.

  • (b) Apply any payment by the Buyer to Goods from any contract.

  • (c) Charge interest on the unpaid amount at a rate of 2% per annum above the Barclays Bank base rate.

6. Delivery

6.1 Delivery is made when the Buyer collects the Goods from the Seller’s premises or, if agreed, the Seller delivers to the agreed location.

6.2 Any dates quoted for delivery are approximate. The Seller shall not be liable for delays in delivery.

6.3 Where Goods are delivered in instalments, each delivery shall be a separate contract. Failure to deliver one or more instalments shall not entitle the Buyer to cancel the entire Contract.

6.4 If the Seller fails to deliver for any reason other than force majeure or the Buyer’s fault, the Seller’s liability shall be limited to the cost of similar goods in the cheapest available market.

6.5 If the Buyer fails to take delivery of the Goods or provide adequate delivery instructions, the Seller may:

  • (a) Store the Goods and charge for the storage costs.

  • (b) Sell the Goods at the best available price and adjust the Buyer’s account accordingly.

6.6 Where the Seller arranges delivery, the carrier will be deemed the Buyer’s agent.