Terms & conditions
By entering into this purchase you have read and accepted our terms and conditions found below:
About Watergate Bay Hotel Ltd’s mail order service
We aim to deliver the best possible customer experience and we therefore try to use all reasonable endeavours to adhere to all known current and proposed legislation in addition to trade body guidelines. The conditions detailed below do not affect your statutory rights. These include all of the current guidelines relating to the information that we hold about you and, in order to clarify this, we have a published Privacy Statement you should have reviewed as displayed before accessing these terms. www.watergatebay.co.uk/shop is a site operated by Watergate Bay Hotel Ltd. Watergate Bay Hotel’s main trading address is On the Beach, Watergate Bay, Cornwall TR8 4AA. Our VAT number is 133 2333 13.
By placing an order through the Site you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident in one of the Serviced Countries;
(d) You are accessing the Site from that country.
How the contract is formed between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (“the Dispatch Confirmation”). The contract between us (“the Contract”) will only be formed when we send you the Dispatch Confirmation.
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.
Availability and delivery
Please refer to the Delivery Page of our website for details of delivery times. If however delivery is delayed for any reason, we will try to make sure your order reaches you within 30 days. If exceptional circumstances cause your delivery to be delayed for a period longer than this, we retain the right to refund your payment and cancel the transaction.
Risk and title
The Products will be at your risk from the time of delivery. Ownership of the Products passes to you on delivery as long as full payment has been received.
All items are subject to availability. We will inform you as soon as reasonably possible if the goods you have ordered are not available. Products and packaging are subject to change or substitution without prior notice. Every reasonable effort will be made to dispatch the items specified.
If an item is out of stock we will email you with the option either to cancel your order or, having told you when we can fulfil it, to wait for delivery.
Price and payment
The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our delivery guide.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price we will charge the lower amount when dispatching the Product to you. If a product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
Methods of payment
We can only accept payment in pounds Sterling. We accept payment via PayPal. All prices are inclusive of VAT (where applicable) at the current rate and are correct at the time of input. If a product contains some zero rated goods and the consolidated VAT rate is then reduced accordingly. We reserve the right to amend prices subject to change in the rate of duty. The total cost of your order is the price of the products including delivery charges.
In the unlikely event that your payment card is used fraudulently to make a purchase with Watergate Bay Hotel you, the consumer, are entitled to cancel the said payment(s). If payment has already been made, you, the customer, are entitled, in accordance with the standing Consumer Protection (Distance Selling) Regulations 2000 (as amended by the Consumer Protection (Distance Selling) (Amendment) Regulations 2005) (together “the Distance Selling Regulations”), to a re-credit or to have all sums returned to you by the card issuer.
Cancelling your order
We operate a policy for cancellation to allow you a cooling off period after placing your order. If you are contracting as a consumer, in accordance with the Distance Selling Regulations you may cancel your order at any time without reason within 7 working days of delivery. You may cancel your order for any reason provided:
You or the recipient notifies us of your cancellation in writing/ e-mail to the address on www.watergatebay.co.uk/shop “contact us" page within seven working days of delivery.
The goods remain unused and component parts are unopened.
You or the recipient retain and take reasonable care of the goods until returned.
You return packaged item(s) to Returns at Watergate Bay Hotel Mail Order Service to the address on the "contact us" page.
You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation we may have a right of action against you for compensation.
Please be aware that you will be responsible for any postage/carrier costs incurred in sending goods back to Watergate Bay Hotel. We recommend that items being returned be sent via insured, trackable delivery for your protection. A refund can only be provided for items received back by us.
On receipt of the goods, Watergate Bay Hotel will give you a full refund of the amount paid (less the delivery charge) or an exchange/credit as required. Refunds can only be credited back to the original card that the goods were bought with. Please note that refunds for items bought as gifts can only be given to the original purchaser, and that if you decide to swap an item we can’t stop the purchaser knowing. On return of goods on which you have received a discount/offer, that discount/offer will no longer apply if you fall below the discount/offer threshold. Watergate Bay Hotel can arrange for delivery of replacement products to you if required; this constitutes a separate contract between you and Watergate Bay Hotel. In this case, a charge will be made by Watergate Bay Hotel for packing, handling and delivery of goods. This does not affect your statutory rights.
Refunds and exchange
Should you find that the goods you’ve purchased from us are unsuitable they can be returned for a prompt refund or exchange if they are received back at the address below within 28 days, in new condition, with the original packaging, labelling and receipt. The 28 days start from the day of dispatch, but as a minimum includes a period of 7 working days from the day after delivery to you as the permitted cancellation period. We will provide a refund or exchange within 30 days of receiving the returned goods. We recommend that items being returned be sent via insured, trackable delivery for your protection. All return postage charges must be met by the customer, unless he or she is returning the goods due to a fault. All of the above does not affect your statutory rights as a consumer.
Claims for breakages or other damage must be made to Watergate Bay Hotel in writing or by email within three days of receipt.
Please advise us of any other order issues within 28 days of dispatch. We are unfortunately unable to offer refunds on orders if we have not been notified within this time period.
Every care has been taken to describe items as accurately as possible; however slight variations may occur due to the handmade nature of some of the goods.
Prices are subject to alteration and changes in VAT without notice. Should a product not be available a substitute of a similar product of equal or greater value will be made.
This website, any content contained herein and any contract brought into being as a result of usage of this website shall be governed by and construed in accordance with the laws of England. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
Nothing in these Terms and Conditions affects your Statutory Rights. Errors and omissions excepted.
The Purchaser and Watergate Bay Hotel hereby agree that no third party rights under the Contracts (Rights of Third Parties) Act 1999 shall be created by or as a result of this Agreement.
It is hereby agreed by Watergate Bay Hotel and the Purchaser that this website may contain technical inaccuracies or typographical mistakes for which Watergate Bay Hotel shall bear no responsibility whatsoever to the fullest extent permitted by law.
The User is required to take reasonable steps to ensure that data transmitted electronically to you via the Site or otherwise as stored by you is not accessed by unauthorized third parties.
Watergate Bay Hotel is obliged to adhere to all PCI online security compliance standards and takes all reasonable measures to maintain the integrity and security of our transactions with customers. However we cannot assume responsibility for safeguarding against acts of unauthorized third parties intercepting data transmitted electronically.
Use of this website from outside the UK
Unless otherwise specified, the materials on this website are directed solely at those who access this website from the United Kingdom, Europe, USA, Canada, Hong Kong, Australia or New Zealand (“the Serviced Countries”). Those who choose to access this Site from any site other than within England and Wales are responsible for compliance with local laws if, and to the extent, local laws are applicable.
We warrant to you that any Product purchased from us through the Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Products you purchased. This does not include or limit in any way our liability:
For death or personal injury caused by our negligence;
Under section 2(3) of the Consumer Protection Act 1987; or
For fraud or fraudulent misrepresentation;
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but limited to:
loss of income or revenue
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data, or
waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this paragraph shall not prevent claims for loss of or damage to your tangible property that fall within the terms of the first two paragraphs or any other claims or direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this paragraph.
Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
If you order Products from the Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the 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 statutory rights.
All notices given by you to us must be given to Watergate Bay Hotel at [email protected] or On the Beach, Watergate Bay, Cornwall TR8 4AA. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in the paragraph above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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.