Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
“Buyer” means the person who buys or agrees to buy the goods from the Seller; “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;”Contract” means any Contract between the Seller and the Buyer for the purchase and sale of the Goods incorporating these conditions; “Goods” means the article (including any installment of the goods or any parts for them) that the Seller supplies to the Buyer; “Price” means the Price of goods excluding carriage, packing, insurance and VAT; “Seller” means The Feel Good Group, Unit J6, Morton Park, Darlington, Co Durham DL1 4PG
Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and ,or up to date.
All material contained on this Website is provided without any or warranty of any kind. You use the material on this Website at your own discretion.
2. Conditions applicable
These Conditions shall apply to all contracts to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation or order or similar document. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
No order placed by the Buyer shall be deemed to be accepted by the Seller until a written acknowledgement of order is issued by the Seller or, if earlier, the Seller delivers the Goods to the Buyer. Any quotations given are on the basis that no Contract will come into existence until the Seller dispatches an acknowledgement of order to the Buyer. Any quotation is valid for a period of 30 days only from its date or from the date the Seller withdraws it if earlier. The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. The Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller’s authorised representatives.
3. Orders and specifications
The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform its obligations.
The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or, which do not materially affect their quality or performance. The weights, dimensions, capacities, prices and other data included in the Seller’s catalogues, prospectuses, circulars, advertisements, printed matter and Price lists are an approximate guide only.
No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on the terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
4. The price and payment
The Price shall be the Seller’s quoted Price on the sales invoice.
The Seller may increase the Price for the Goods if, between the date of order and the date of delivery, there is an increase in the cost of raw materials, labour and/or other production costs or if the Buyer modifies the order. The Seller shall notify the Buyer of any proposed increase prior to invoice. Payment terms are 30 days net unless stated otherwise on the invoice. The Seller shall be entitled to recover the Price, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. Time for payment shall be of the essence. Receipts for payment will be issued onlyon request.
No payment shall be deemed to have been received until the Seller has received cleared funds. If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries to the Buyer and appropriate any payment made by the Buyer to such of the Goods (or the goods or services supplied under any other Contract between the Buyer and Seller) as the Seller may think fit.
The Seller shall be entitled to charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of five per cent per annum above Barclays Bank Plc base rate from time to time, until payment in full is made (interest to be payable on demand and to accrue daily on the basis of a year of 365 days) together with all costs and expenses incurred by the Seller in the collection of overdue monies. The Buyer may not withhold payment of any invoice or other amount due to the Seller by reason of any right of set-off or counterclaim which the Buyer may have or allege to have for any reason whatsoever. All payment must be made in pound sterling.
Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the specified quoted delivery date upon giving reasonable notice to the Buyer. If no dates are specified delivery will be within a reasonable time. The Seller reserves the right to charge for delivery of the Goods.
The Seller shall not be liable for any loss or damage whatsoever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all. Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full.
If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery then, all costs and charges incurred by the Seller will be paid by the Buyer. Where the Goods are to be delivered in installments, each delivery shall constitute a separate Contract and failure by the Seller to deliver any one or more of the installments in accordance with these Conditions or any claim by the Buyer in respect of any one or more installments shall not entitle the Buyer to treat the Contract as a whole as repudiated. It is the responsibility of the Buyer to arrange inspection of the Goods immediately on delivery and prior to signature of a delivery receipt, if required.
The Buyer acknowledges that where delivery is at a place nominated by the Buyer it is its responsibility to ensure that suitable access equipment and manual labour is available for the purposes of unloading and delivery of the Goods. Goods will only be dispatched in the UK.
6. Title and risk
Risk of damage to or loss of the Goods shall pass on delivery. In spite of delivery having been made the property in the Goods shall not pass from the Seller until (i) the Buyer shall have paid the Price plus VAT where applicable in full; and (ii) no other sums whatsoever shall be due from the Buyer to the Seller. The Seller shall be entitled to recover the Price (plus VAT where applicable) notwithstanding that property in any of the Goods has not passed from the Seller.Until such time as property in the Goods passes from the Seller the Buyer shall
(i) upon request deliver up such of the Goods as have not ceased to be in existence or been resold to the Seller (ii)If the Buyer fails to deliver the Seller or its appointed agent may enter upon any premises owned occupied or controlled by the Buyer or any third party where the Goods are situated and repossess the Goods.(iii) store the Goods (at no cost to the Seller) separately from all other Goods of the Buyer or any third party in such a way that they remain readily identifiable as the Seller’s property; (iv) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;(v) maintain the Goods in satisfactory condition insured on the Seller’s behalf for their full Price against all risks to the reasonable satisfaction of the Seller. On request the Buyer shall produce the policy of insurance to the Seller.
The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all sums whatsoever owing by the Buyer to the Seller shall forthwith become due and payable. The Buyer may resell the Goods before ownership has passed to it only on the following conditions
(i) any sale shall be effected in the ordinary course of the Buyer’s business at full market value; (ii) any such sale shall be a sale of the Seller’s property on the Buyer’s own behalf and the Buyer shall deal as principal when making such a sale; (iii) the Buyer shall account to the Seller for the proceeds of sale and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties.
7. Guarantee and warranty
The following provisions set out the entire financial liability of the Seller (including any liability for the acts or omissions of its employees, agents and sub-Contractors) to the Buyer in respect of (i) any breach of these Conditions; and (ii) any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract. Nothing in these Conditions excludes or limits the liability of the Seller for death or personal injury caused by the Seller’s negligence or fraudulent misrepresentation. All warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. In respect of all Goods supplied by the Seller to the Buyer, the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller. The Seller cannot give any warranty or guarantee as to the longevity or output of tanning lamps.
The seller will in no circumstances be liable to the customer for: Any loss or damage, loss of business, bargain or profit or other indirect, consequential of any delay or failure by the seller/installer in performing any of its obligations under this agreement.Any delay or failure by the seller in performing its obligations under this agreement caused indirectly by any act of or omission by the User, Acts of God, riot, industrial action, failure of electricity or other power or of the telephone service or as a result of any event which is beyond the reasonable control of the seller. The seller may assign or sub – contract all or any or its obligations under this agreement. This agreement shall be governed by the laws of England. Except in respect of any loss or damage caused by the Seller’s negligence the Buyer undertakes to indemnify the Seller against any loss, costs, claims, expenses or fees the Seller may incur relating to the Buyer’s breach of the Contract and/or any of these Conditions. Goods represented by the Buyer to be defective will if accepted by the Seller’s supplier as defective be replaced as originally ordered unless the Buyer has derived some benefit by the use of those defective Goods. No claim for damage in transit or shortage of deliver shall be entertained unless notice is received by the Seller within 24 hours of delivery or where there is non delivery within seven days of the date when the Goods would in the ordinary course of events have been delivered. Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatsoever to the Buyer in respect of those Goods.
8. Insolvency or other default of the buyer
If the Buyer fails to make payment for the Goods in accordance with the Contract or commits any other breach of the Contract or if any distress or execution shall be levied upon any of the Buyer’s goods or if the Buyer offers to make any arrangement with its creditors or commits an act of bankruptcy or if any petition in bankruptcy is presented against the Buyer or the Buyer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Buyer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a receiver, administrator, administrative receiver or manager shall be appointed over the whole or any part of the Buyer’s business or assets or if the Buyer shall suffer any analogous proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately. The Seller may in its absolute discretion and without prejudice to any other rights which it may have (a) suspend all future deliveries of Goods to the Buyer and/or terminate the Contract without liability on its part; and/or (b) exercise any of its rights pursuant to clause 6 above
Any provision of the Contract which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of this Contract.
No waiver or forbearance by the Seller (whether express or implied) in enforcing any of its rights under this Contract shall prejudice its right to do so in the future. Neither party shall be liable for any default due to any act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest, terrorism, hostilities (whether war be declared or not), invasion, revolution, riot or other event beyond the reasonable control of either party. The remedies available to the Seller hereunder for breach or non-observance of the Conditions shall be available to the Seller in the event of the Buyer breaching any such obligation on any collateral or separate Contract between the same parties or any associated, parent or subsidiary company of the Buyer. Likewise the same benefits available to the Seller hereunder shall apply to any associated, parent or subsidiary company of the Seller who may be in a Contractual relationship with the Buyer or associated, parent or subsidiary company of the Buyer.
The Buyer shall not assign, transfer or in any other manner make over to any third party the benefit and/or burden of the Contract or any part of it without the Seller’s prior written consent. The Seller may assign the Contract or any part of it or sub Contract all or any party of the work to any third party. Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice and may be delivered personally or by fax, first class recorded delivery post or first class air mail letter. A notice shall be deemed to have been served (if personally delivered) at the time of delivery or (if sent by first class recorded delivery post) forty-eight hours after posting or (if sent by first class air mail letter) ninety-six hours after posting or (if sent by fax) at the time of transmission. Where the Seller is a member of a group of companies it may perform any of its obligations or exercise any of its rights under the Contract by itself or through any other member of its group, Provided that any act or omission of any such other member shall be deemed to be an act or omission of the Seller. These Conditions are subject to the law of England and Wales and the English courts shall have jurisdiction over the Contract.
All measurements and dimensions of tanning equipment are approximations and meant for you to use as a guide only.
10. Data Protection
Please note the following regarding the Data Protection Act 1998. We may transfer information about you to our bankers/financiers for the purposes of providing services for the following purposes: (i) Obtaining credit insurance (ii) Making credit reference agency searches (iii) Credit control (iv) Assessment and analysis (including credit scoring, product and statistical analysis) (v) Securitisation (vi) Protecting our interests.
We will provide you with details of our bankers/financiers and that of any credit reference agencies upon request.