Terms of Service
Terms of Service for Chill Tubs Ltd
Updated on 2 October 2023
We know not everyone is keen on reading Terms of Service (“Terms”), but they are important and they’re here for a reason which is to protect you and us, and to set out our respective rights and obligations.
Please read these Terms of Service carefully before proceeding with your purchase. This policy will apply to any order you place with Chill Tubs directly on this website or by phone. If you buy directly from one of our Chill Tub retailers please ensure you read their Terms of Service as it may be different from ours.
By accessing our website or making a purchase, you agree to be bound by these terms:
- Who we are
1.1 Chill Tubs Ltd (referred to as “Chill Tubs/we/our/us”) sells ice baths via the website, via our sales team and via our showroom. We are a company registered in England under company number 14959138 and with our registered office at Chill Tubs, Broombank Park, Chesterfield, S41 9RT. Our VAT number is 122 7840 26.
- How these Terms of Service apply to our contract
2.1 After placing an order, you will receive an e-mail from us confirming that your order has been accepted (Order Confirmation). The contract between us (Contract) will only be formed when we send you this Order Confirmation.
2.2 The Contract will relate only to those products whose order we have confirmed in the Order Confirmation (Products). We will not be obliged to supply any other products which may have been part of your order until the order of such products has been confirmed in a separate Order Confirmation.
2.3 We will assign an order number to your order and tell you what it is in the Order Confirmation. It will help us if you tell us the order number whenever you contact us about your order.
2.4 Our website is solely for the promotion of our products in the UK and the EU. Unfortunately, we do not currently accept orders from or deliver to addresses outside the UK or the EU. If you wish to place an order from outside of the UK or the EU please email firstname.lastname@example.org
2.5 We may refuse at our discretion to accept an order:
(a) where we cannot obtain authorisation for your payment;
(b) if there has been a pricing or product description error; or
(c) if you do not meet any eligibility criteria set out in our terms and conditions.
(d) services or information ordered by you are not available;
(e) where goods, services or information ordered by you are not available;
(f) if we do not deliver to your area;
Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card within 14 working days (this excludes weekends, bank holidays and office closures), but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment, loss of earnings, subcontractors’ time i.e. plumbers, electricians or property damage, or delays or damages caused by external couriers.
2.6 By placing an order with Chill Tubs, you confirm that you are at least 18 years old or have legal consent from a parent or guardian
- Right to Change your Mind
3.1 If you are contracting as a consumer in the UK and change your mind about the Products, you may cancel a Contract at any time up to 14 days from the day you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refunds and Returns Policy as set out below. The standard delivery charge of £400 (which is included in price of the Chill Tub) will be deducted from the refund amount.
3.2 To cancel a Contract, you must inform us by email or in writing. In addition, you must return the Products to us in the same condition in which you received them which means, for the avoidance of doubt and without limitation, that they must be in perfect resalable condition and undamaged and unused in any way and also in its original packaging. You have a legal obligation to take reasonable care of the Products while they are in your possession.
3.4 This provision does not affect your legal right as a consumer to change your mind. In summary, the Consumer Contracts Regulations 2013 give you the right to change your mind and cancel a Contract within 14 days from the day you received the Products (or, where the Products are split into several deliveries over different days, 14 days from the day you received the last delivery) and receive a refund. We may reduce the refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products caused by your handling of them in a way that would not be permitted in a shop. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method relating to your product that we offer.
- Products and Services
4.1 All descriptions of the products on our website are correct at the time of publication. Our policy of continuous product development means we reserve the right to amend the specification of products without prior notice in relation to future sales.
4.2 The measurements of the products are as accurate as possible, but are nevertheless approximate. Images of the products on our website, posters and other forms of advertisement are for illustrative purposes only and, although we have made every effort to show the colours as accurately as possible, we cannot guarantee that the colours shown accurately reflect the colour of the products.
4.3 We will endeavour to match the colour and texture of your product to the samples chosen as accurately as possible, but variations in both the colour and texture may occur. Chill Tubs Ltd are not responsible for variations in colour. Such variations are not reasonable cause for order cancellations. Refunds and exchanges will not be offered for this reason.
4.4 It is your responsibility to check that all the details on the order form are correct, including the exact specifications of the products and delivery details. Any discrepancies are to be outlined within 24 hours of receiving the Order Confirmation.
4.5 Product lead times and delivery dates provided on the website and subsequently communicated in any form are estimates and cannot be guaranteed. Chill Tubs Ltd are in no way responsible for delays in manufacturing or overseas shipment, and no form of compensation will be given. The pre-order countdown displayed on the website is the approximate number of days until stock arrives in the UK warehouse. This is a moving target and it may be up to 8 weeks if the stock sells in the prior to it arriving. Once you have placed your order, the Logistics team will telephone you and advise you of when the Chill Tubs will be in stock and can be delivered.
4.6. All orders are subject to availability. In the event a product is out of stock, we will notify you and offer alternative options or a full refund.
5. Pricing and Payment
5.1 The price of any Product(s) will be as quoted on our website or, where we have sent you a time-limited promotional offer and you order within that time limit, at the promotional price, in each case except in cases of obvious error. These prices include VAT or tax at the prevailing rate.
5.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
5.3 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as pricing error.
5.4. Payment can be made using accepted payment methods specified on our website.
5.5. Chill Tubs is not responsible for any additional fees charged by third-party payment processors.
5.6 Payment for all Products may be made by credit or debit card. We accept payment by Visa and MasterCard via the Stripe online payment system providing the card used is registered to the delivery address. We do not accept cash payments. Once payment has been received the delivery address cannot be changed. Cash and over the phone payments will not be accepted if using 3rd party couriers. We do not accept American Express.
5.7 Payment by bank transfer or credit card payment must be received at the time of placing the order.
6. Shipping and Delivery
6.1 Please refer to the Shipping Policy for the full details.
7. Returns and Refunds
7.1 Nothing in this clause 7 affects your legal rights.
7.2 We will refund any money received from you using the same method originally used by you to pay for your purchase. Where the Payment was made by credit or debit card, refunds can only be made to the original card of purchase.
7.3 Where you exercise your right to change your mind and cancel the Contract, Product must be returned to us in a saleable condition. We will refund to you all monies paid by you in respect of the price of the returned Product but reserve the right to make reasonable deductions from the amount refunded to you if there are signs of wear and/or use and/or damage. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which we receive the Product back. Delivery charges are not refundable.
7.4 If you end the Contract for any reason, you must return the Products to us. You must either return the Products to us in person or arrange collection through Chill Tubs. Please contact email@example.com or telephone 01246 541207 to arrange a return. If you are exercising your legal right to change your mind, you must return the Products within 14 days of telling us that you wish to end the Contract. We will pay the costs of return if the Products are faulty or misdescribed. In all other circumstances, including where you are exercising your right to change your mind, you must pay the costs of return. If you are responsible for the costs of return and we are collecting the Products from you, we will charge you the direct cost to us of collection which must be paid before collection takes place.
7.5 If you return a product for any reason other than a change of mind (for instance, you have notified us because you claim that the Product is faulty), we will examine the returned Product and, where we agree that the Product is faulty and have not been able to provide a replacement or repair, we will notify of your refund via telephone or e-mail within a reasonable period of time. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the faulty Product. This does not affect your legal remedies for faulty products.
7.6 REFUNDS AND RETURNS MUST BE AUTHORISED prior to sending back your products.
The rights to return the goods to us as referred to in clause 7 will not apply in the following circumstances: –
* in the event that the product has been used
* to any products that we have made or customised specifically for you
8. Our Liability
8.1 We warrant to you that any product purchased from us is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
8.2 Our liability for losses you suffer as a result of us breaking the Contract are strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable result of us breaking the Contract or failing to use reasonable care, but we are not responsible for any loss or damage which is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or, at the time the Contract is made, both you and we knew that it might happen (for example, if you discussed it with us during the sales process.)
8.3 Nothing in this clause 8 limits in any way our liability: (a) for death or personal injury caused by our negligence; (b) for defective products under the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; (d) for breach of your legal rights in relation to the Products, including the right to receive products which are as described and match information we provided to you and any sample seen by you, of satisfactory quality and fit for any particular purpose made known to us; or (e) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.4 Chill Tubs shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use our product.
8.5. We do not provide medical advice. The use of our products should not replace professional medical treatment or advice.
Our Chill Tubs warranty provides coverage for defects in workmanship and defects or malfunctions that arise during normal use conditions for a period of 2 years from the date of delivery. Please download our warranty document for the full details.
10 Written Communications
10.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights. In the event of questions or complaints please email firstname.lastname@example.org
11. Events outside of our control
11.1 We will not be liable or responsible for any failure to perform, or delay in performing, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action;
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 any other acts of god.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks;
The acts, decrees, legislation, regulations or restrictions of any government.
11.3 Our performance under any Contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
12. Intellectual Property
12.1. All content and materials on our website, including images and product descriptions, are the intellectual property of Chill Tubs. Any unauthorized use is strictly prohibited.
14 Other Important Terms
14.1 These terms and the Contract are governed by the laws of England and Wales and you can bring legal proceedings in respect of the products in the courts of England and Wales or, if you live in Scotland, in the courts of either Scotland or England and Wales or, if you live in Northern Ireland, in the courts of either Northern Ireland or England and Wales.
14.2 We have the right to amend these terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force when you order products from us, unless any change to them is required by law or governmental authority (in which case it will apply to orders previously placed by you), or we notify you of the change to them before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the changes, unless you notify us to the contrary within seven working days of receipt by you of the Products).
14.3 This Contract is between you and us and is also binding on our respective successors and assigns. No other person will have any right to enforce any of its terms, except as explained in clause 17.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.
14.4 You may only transfer your rights or obligations under the Contract to another person if we agree to this in writing. However, you may not transfer our guarantee to a person who has acquired the Product.
14.5 If we do not insist immediately that you do anything that you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.6 If you have any complaint about the products or service that we have provided, please contact email@example.com and we will do our best to resolve it.
15.1 The promoter is: Chill Tubs Ltd is registered in England and Wales under company number 14959138, VAT Reg. No and our registered office is Broombank Park, Chesterfield, Derbyshire, S41 9RT.
15.2 Employees of Chill Tubs or its Affiliates or their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter competitions.
15.3 There is no entry fee and no purchase necessary to enter competitions.
15.4 Winners will be chosen at random by an independent adjudicator appointed by Chill Tubs Ltd. The result is final and no correspondence will be entered into. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
15.5 No cash alternative to the prizes will be offered. Prizes are not transferable.
15.6 By entering our competitions you give Chill Tubs Ltd the right to use your name for the sole purpose of identifying you as a competition winner on our social media channels.
15.7 Entry into the competition will be deemed as acceptance of these terms and conditions.
15.9 Some competitions will be open across multiple platforms, including social media channels, email and in store. Unless otherwise stated you may cast individual entries via each channel.
15.10 Chill Tubs Ltd competitions are open to UK residents only.
16.1 You are permitted to print and download extracts from this Website for your own private use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
16.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of such material other than in accordance with this clause for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use such material automatically terminates and you must immediately destroy any such material.
16.3 Subject to this clause, no part of such materials may be reproduced, displayed, modified, sold or stored without our prior written permission.
16.4 Any rights not expressly granted in these terms are reserved.
16.5 Chill Tubs Ltd has a registered Trade Mark within the UK.
By making a purchase, you acknowledge that you have read, understood, and agreed to these Terms of Service. If you have any questions or concerns, please contact us at firstname.lastname@example.org or telephone 01246 541207.