Terms & Conditions

TERMS AND CONDITIONS

These terms and conditions apply to all uses of the Octopus-Leisure.com website and all transactions for the sale of goods on the Octopus-Leisure.com website. Please read them carefully. They do not affect your statutory rights. We may change these terms and conditions at any time. Any changes will take effect on the date they are posted on the Octopus-Leisure.com website.

Ownership of rights

All rights, including copyright, in this website are owned by or licensed to Octopus-Leisure.com. Any use of this website or its contents, including copying or storing in whole or in part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or re-post content from this website for any purpose.

Accuracy of content

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.

Damage to your computer

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any website accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

Prices

All prices on the Octopus-Leisure.com website include any VAT payable but exclude delivery charges. We reserve the right to adjust prices, offers, goods and specifications of goods on the Octopus-Leisure.com website at our discretion at any time before (but not after) we accept your order.

Your Order

1) All orders made by you through the Octopus-Leisure.com website are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances
2) After submitting an order to us we will send you an order acknowledgement email with your order number and details of the goods that you have ordered
3) Stock levels may not always be indicated on the Octopus-Leisure.com website. If you order goods which are not available from stock, we will contact you by e-mail or by telephone to discuss how you wish to proceed. You will have the option to wait until the goods are available from stock, or cancel your order in accordance with our returns policy

Payment

1) The total cost of your order is the price of the goods plus delivery charges as set out in the delivery charges section. Payment can be made by most major credit or debit cards in accordance with the payment methods section
2) You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and will not be liable for any delay, failure to deliver or consequential loss, we are not obliged to inform you of the reason for the refusal
3) We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order

Cancellation rights

1) Under the distance selling regulations you have the legal right to cancel your order in writing provided such notice is received by ourselves within 7 days of receipt of the goods (with the exception of any items made to order)
2) If you have received the goods before you cancel your order then you must return the goods in the original packaging back to our contact address at your own cost and risk 
3) If you cancel your order whilst the goods are in transit you must not unpack the goods upon receipt and you must return the goods back to us at our contact address as soon as possible in the original packaging and at your own cost and risk
4) Once you have notified us that you are cancelling your order, any sum debited by us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order provided that the goods in question are returned by you and received by us in the dispatched packaging and in good condition. If you do not return the goods delivered to you or do not pay the costs of the return delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you
5) In the event of notification of faulty or unsatisfactory goods, your costs may be re-credited or arrangements made to replace the goods free of charge

Cancellation by us, we reserve the right to cancel the contract between us if:-

1) We have insufficient stock to deliver the goods you have ordered; 
2) We cannot deliver to your area (see delivery terms)
3) One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in pricing information received by us from our suppliers.

If we are obliged to cancel your order we will notify you by e-mail and we will credit your account with any sum deducted by us from your credit card as soon as possible and in any event within 30 days of your order.

Our returns policy 
 
These terms and conditions do not affect your consumer rights 

Faulty products  

If the product you purchased is faulty, we may offer a repair, exchange or refund as appropriate in accordance with your consumer rights.

Liability

If you do not receive goods ordered within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable). If you notify a problem to us under the this condition, our only obligation will be, at your option:- 

1) To make good any shortage or non-delivery
2) To refund to you the amount paid by you for the goods in question

Defective Goods

Any claims for defective goods will only be considered if advised to us immediately upon receipt of goods or in any event within 21 days of receipt of goods.

Generally

1) Both parties shall only be liable under this contract for losses, which are a direct and reasonably foreseeable consequence of the relevant breach of contract
2) You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site 
3) The importation or exportation of certain of our goods to you may be prohibited by certain national laws, we make no representation and accept no liability in respect of the export or import of the goods you purchase
4) You must follow the manufactures assembly advice and instructions at all times 
5) Our products are sold for domestic use only 
6) We will not be liable for failure to adhere to product instructions, negligence, incorrect assembly, or incorrect use including non-domestic use, vandalising or unauthorised alteration or attachment of equipment other than that supplied by ourselves
7) Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer neither in local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
8) We shall not be liable to you where performance of any of our obligations to you is prevented, frustrated or impeded by reason of acts of God, war and other hostilities, civil commotion, accident, strikes, lock outs, trade disputes, acts or restraints of government, imposition or restrictions of imports or exports or any other cause not within the reasonable control of Octopus-Leisure.com
9) If any part these terms and conditions is found to be unenforceable as a matter of law, all other parts of these terms and conditions shall not be affected and shall remain in force
10) We cannot guarantee that the appearance and/or colours of products shown on this site exactly reproduce the appearance and/or colours of the physical products themselves. Natural products may show some colour variations. All sizes quoted are approximate.
11) Ownership of the goods shall remain with us and shall not pass to the customer until the agreed price together with all other sums due from the customer to us, have been paid in full
12) To the extent permitted by law, we accept no liability for any loss, damage or injury arising as a consequence of the advice provided.
13) These terms and conditions and any order/contract between us shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction over any disputes between us.
14) Contracts are made and accepted subject to these conditions for sale. Contracts that are made in Scotland shall be governed by Scottish law otherwise this contract shall be governed by English law and no other.

Third party rights

Nothing in this agreement is intended to, nor shall it confer, any rights on a third party.

Definitions

1) “We, us, our, ourselves” means Octopus-leisure.com at Unit 16 Sefton Lane industrial Estate, Maghull, Merseyside L31 8BX either alone or together with you, as the context requires
2) “Working day” means every day of the year except weekends, and English statutory and public holidays
3) “You/your/the customer” means the person ordering goods subject to these terms and conditions
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