Terms and Conditions of Sale

Effective Date: 20 April 2026 | Last Updated: 20 April 2026

Important Notice: These Terms and Conditions govern all sales and installations carried out by Diamant Bespoke Pools Ltd (“the Company”). Please read carefully. Nothing in these Terms affects your statutory rights under UK law.

1. General Application

1.1 These Terms apply to all contracts for the supply and installation of swimming pools by the Company.
1.2 Any variation must be agreed in writing by a director of the Company.
1.3 By paying a deposit or placing an order, the customer confirms acceptance of these Terms.
1.4 These Terms prevail over any other terms, including those contained in purchase orders or other customer documents.

2. Scope of Supply

2.1 The Company supplies and installs Diamant Unipools.
2.2 Groundworks may be carried out by the Company or by the customer/third-party contractor, subject to these Terms.
2.3 Colours, finishes, and images shown in brochures, samples, or on the Company’s website are for illustration only. Minor variations in colour, shade, or finish do not constitute a defect.

3. Customer Groundworks – Liability & Compliance

3.1 Where groundworks are undertaken by the customer or their contractor, the customer warrants full compliance with the official Diamant Unipools Installation Guide and any written instructions provided by the Company.
3.2 The Company shall not be required to proceed with installation where, in its sole opinion, groundworks are inadequate, unsafe, or non-compliant. Any resulting delay or additional cost shall be borne by the customer.
3.3 The Company shall have no liability for any damage, defect, or failure arising from groundworks not performed by it. All warranties shall be void if installation requirements are not strictly followed.

4. Rectification Costs

4.1 Where issues arise from non-compliant groundworks, all inspection, call-out, and rectification costs will be payable by the customer.

5. Delivery, Risk and Title

5.1 Risk in the goods shall pass to the customer immediately upon delivery to site, regardless of whether installation is included. Delivery will not take place unless the advance payment due 10 working days prior to pool delivery has been received in full by the Company.
5.2 Title to the goods shall remain vested in the Company until full payment of all sums due. Until title passes, the Company shall have the right to enter the customer’s premises without notice to recover goods.
5.3 The customer shall hold the goods as bailee and keep them insured against all risks until title passes.
5.4 Delivery and installation dates are estimates only and time shall not be of the essence. The Company shall not be liable for delays caused by circumstances beyond its reasonable control, including supplier lead times. No delay entitles the customer to cancel or withhold payment, save where statutory rights apply.
5.5 The customer or their representative must inspect the goods on delivery and notify the Company in writing of any visible damage or shortage within 3 working days. This does not affect the customer’s statutory rights in respect of defects that were not reasonably apparent on delivery.

6. Pricing and Payment

6.1 Unless otherwise stated, all prices are exclusive of VAT, transport, insurance, and ancillary costs.
6.2 A non-refundable deposit of 40% is payable upon order. For bespoke or customised goods, deposits are strictly non-refundable.
6.3 Payment of the balance is due within 4 calendar days of invoice unless otherwise agreed in writing. Time for payment is of the essence. This excludes the payment prior to pool delivery, which must be paid 10 working days prior to delivery. Failure to make such payment will result in a delay to delivery and may incur additional charges as determined by Diamant Bespoke Pools.
6.4 The Company reserves the right to suspend delivery or installation and to withhold warranty support where payments are overdue.
6.5 The Company may charge interest on overdue sums at 3% per annum above the Bank of England base rate, accruing daily, until payment is made.
6.6 The quoted price is based on the Company’s supply costs at the date of the quotation. Where those costs increase before the customer confirms the order — including changes to manufacturer or supplier prices, currency exchange rates, taxes, or import duties — the Company may revise the quoted price and will notify the customer before the order is confirmed.
6.7 Once an order is confirmed and the deposit paid, the price is fixed. However, if the Company’s supply costs rise by more than 5% due to circumstances beyond its reasonable control between order confirmation and delivery, the Company may pass on that increase. In that event the customer may either accept the revised price or cancel the affected part of the order and receive a refund of any sums paid for goods not yet supplied, subject to Clause 7.3 for bespoke goods.
6.8 The customer shall be liable for all reasonable costs incurred by the Company in recovering overdue sums, including debt-collection and legal costs.

7. Cancellation & Consumer Rights

7.1 Statutory consumer cancellation rights shall apply only where required by law.
7.2 Where the customer has requested performance of the contract within the cancellation period, the Company shall be entitled to recover all reasonable costs and expenses incurred, including but not limited to labour, site visits, and goods ordered.
7.3 No cancellation rights apply in respect of bespoke or customised goods once production or procurement has commenced.
7.4 This Clause does not affect statutory rights relating to faulty goods or services.

8. Warranty Conditions

8.1 Warranty claims are strictly subject to full compliance with all installation, operation, and maintenance requirements. The burden of proof rests with the customer.
8.2 The Company expressly excludes liability for call-out charges, labour, or associated costs. Any goodwill assistance is entirely at the Company’s discretion.
8.3 Warranties shall not apply to defects caused by third-party works, misuse, negligence, lack of maintenance, or unauthorised alterations.
8.4 These warranty terms do not affect statutory rights under the Consumer Rights Act 2015.
8.5 The warranty does not cover defects or damage arising from: normal wear and tear; incorrect water chemistry or chemical imbalance; failure to maintain correct water levels, filtration, or winterisation; ground movement, subsidence, frost, or other environmental or climatic conditions; natural fading or variation of the gelcoat colour over time; or any use, alteration, or maintenance not carried out in accordance with the Company’s or manufacturer’s instructions. This does not affect the customer’s statutory rights in respect of goods that are not of satisfactory quality.
8.6 The manufacturer’s guarantee is issued to the Company as the approved installer and is not transferable. It does not automatically pass to a subsequent owner if the property is sold.

9. Limitation of Liability

9.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any liability which cannot legally be excluded.
9.2 To the fullest extent permitted by law, the Company excludes all implied conditions, warranties, and terms.
9.3 The Company’s liability to consumers shall be limited to the lesser of: (i) the total price paid under the contract, or (ii) the reasonable cost of remedying the defect.
9.4 In respect of business customers, the Company shall not be liable for indirect or consequential losses, including (without limitation) loss of profits, revenue, contracts, or goodwill.
9.5 The aggregate liability of the Company to a business customer shall not exceed the total fees paid in the twelve months preceding the claim.

10. Force Majeure

10.1 The Company shall not be liable for delays or failure caused by events outside its reasonable control, including but not limited to adverse weather, supplier delays, transport disruption, strikes, or acts of God. In addition, if the installation site is not fully prepared and ready for delivery on the agreed date, the Company reserves the right to apply a daily holding or standing charge for each day delivery is delayed as a result.

11. Data Protection

11.1 The Company will process personal data in accordance with the UK GDPR and Data Protection Act 2018.
11.2 For details, please see our Privacy Policy available in the footer.

12. Dispute Resolution

12.1 The customer agrees to engage in good-faith negotiation and mediation before issuing any legal proceedings. The cost of mediation shall be shared equally unless otherwise directed.
12.2 Nothing in this clause prevents the Company from commencing debt recovery proceedings in respect of unpaid invoices.

13. Severability

13.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14. Governing Law

14.1 These Terms are governed by English law.
13.2 Any disputes shall be resolved exclusively in the courts of England and Wales.