Terms and Conditions of Sale and Service

Last updated: May 2026

 

These Terms & Conditions of Sale & Service (“Terms”) govern the supply of all goods and services by Ember and Ice Wellness Limited to its customers. By placing an order with us, or accepting a quotation from us, you confirm that you have read, understood and agreed to be bound by these Terms. Please read them carefully and keep a copy for your records.

 

1.  Definitions and Interpretation

  • “We”, “us”, “our” and “the Company” mean Ember and Ice Wellness Limited, a company registered in England and Wales, trading as Ember & Ice Wellness, with its registered office at 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ.
  • “You”, “your” and “the Customer” mean the person, business or other legal entity placing an order with us.
  • “Goods” means any equipment, products, parts or accessories supplied by us, including (without limitation) saunas, ice baths, cold plunge pools, red light therapy beds and panels, cryotherapy cabins (including the iCEPOD® range), and any associated consumables.
  • “Services” means any installation, commissioning, training, maintenance, servicing, repair, advisory or support services we provide, whether on their own or in connection with the supply of Goods.
  • “Contract” means the contract between us and the Customer for the sale of Goods and/or supply of Services, incorporating these Terms, our quotation, and any written order acknowledgement.
  • “Consumer” has the meaning given in section 2(3) of the Consumer Rights Act “Business Customer” means any Customer who is not a Consumer.
  • Headings are for convenience only and do not affect Words in the singular include the plural and vice versa.

 

2.  Application of these Terms

  • These Terms apply to all Contracts for the supply of Goods and/or Services by us, to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
  • Any quotation we give is valid for a period of 30 days from its date of issue, unless we expressly state otherwise in writing. A quotation is an invitation to treat and does not constitute a binding offer.

 

  • An order placed by the Customer constitutes an offer by the Customer to purchase Goods and/or Services in accordance with these The order is only accepted, and a Contract formed, when we issue a written order acknowledgement or, if earlier, when we deliver the Goods or commence the Services.
  • We reserve the right to correct any clerical, typographical or pricing errors in our quotations, acknowledgements, invoices or other documents without liability.

 

3.  Quotations, Specifications and Custom Orders

  • All product descriptions, illustrations, dimensions, specifications, weights, performance figures and finishes shown in our brochures, on our website or in any marketing material are provided for general guidance only. Slight variations may occur, particularly with bespoke or hand-finished items.
  • Where Goods are made, finished, configured or ordered to the Customer’s specification (including bespoke colours, finishes, sizes, branding or accessories), the order is non-cancellable and non-refundable once we have placed the relevant order with our supplier or commenced manufacture, save where the Goods are faulty or not as described.
  • We reserve the right to make any changes to the specification of Goods which are required to comply with any applicable safety or statutory requirement, or which do not materially affect their quality or

 

4.  Price and Payment

  • The price for Goods and Services is as set out in our quotation or, if no quotation has been issued, the price set out in our published price list current at the date of order.
  • Unless stated otherwise, prices are in Pounds Sterling (GBP), exclusive of VAT (which will be added at the prevailing rate), and exclusive of delivery, installation, removal of packaging or waste, electrical or plumbing works, and any other ancillary costs.
  • Unless we have agreed credit terms with you in writing, payment is required as follows: (a) a non- refundable deposit of 50% of the total Contract price is payable on order; and (b) the balance, together with any delivery, installation and ancillary charges, is payable in cleared funds before despatch or delivery of the Goods, and before commencement of any installation.
  • Where we have agreed credit terms with a Business Customer in writing, payment of all invoices is due within 30 days of the date of invoice, in cleared funds, without set-off, counterclaim, deduction or withholding (other than any deduction or withholding required by law).
  • Time for payment is of the
  • We may apply payments received against any invoice or part of any invoice we choose, regardless of any purported allocation by the Customer.

 

5.  Non-Payment, Late Payment and Suspension of Supply

  • If the Customer fails to make any payment due to us under the Contract by the due date for payment, then, without limiting any other right or remedy available to us, we may:
  • (a) charge interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time, calculated daily and compounded monthly, from the due date until payment is received in full (whether before or after judgment), in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 where applicable;
  • (b) recover from the Customer all reasonable costs, charges, fees and expenses incurred by us in seeking recovery of the overdue sum, including (without limitation) debt collection agency fees, legal fees, court fees and the fixed sums prescribed under the Late Payment of Commercial Debts Regulations 2002 where applicable;
  • (c) suspend all or part of any further deliveries of Goods and/or performance of Services under the Contract, or under any other contract between us and the Customer, until payment of the overdue sums has been received in full;
  • (d) require payment in advance of delivery for any Goods not yet delivered, or for any further Services;
  • (e) cancel the Contract, or any other contract between us and the Customer, by written notice, in which event all sums then outstanding from the Customer to us shall become immediately due and payable; and/or
  • (f) exercise our rights under clause 6 (Retention of Title) below; and/or
  • (g) where the Goods have already been delivered or installed, withhold any further assistance, support, training, commissioning, snagging, fault-finding, servicing, warranty work, software or remote- access support, replacement parts, accessories or other Services in respect of those Goods, until all sums then due to us have been received in cleared funds, unless otherwise agreed by us in The suspension of such assistance under this clause shall not constitute a breach of the Contract by us, and we shall have no liability for any loss or inconvenience suffered by the Customer as a result.
  • We may set off any liability we have to the Customer against any liability of the Customer to us, whether either liability is present or future, liquidated or unliquidated, and whether or not arising under the

 

6.  Retention of Title

  • Notwithstanding delivery and the passing of risk in the Goods, legal and beneficial title to the Goods shall not pass to the Customer until we have received payment in full, in cleared funds, of all sums due to us in respect of: (a) the Goods; and (b) any other goods or services that we have supplied to the Customer in respect of which payment is due.
  • Until title to the Goods has passed to the Customer, the Customer shall: (a) hold the Goods on a fiduciary basis as our bailee; (b) store the Goods separately from all other goods of the Customer or of any third party, in such a way that they remain readily identifiable as our property; (c) not remove, deface or

 

obscure any identifying mark, label, packaging or serial number on or relating to the Goods; (d) keep the Goods in satisfactory condition and insured against all risks for their full price from the date of delivery, with our interest noted on the policy on request; and (e) notify us immediately if the Customer becomes subject to any of the events listed in clause 5.7(e) or in clause 6.4 below.

  • Until title passes, the Customer may use the Goods in the ordinary course of its business but shall not sell, charge, pledge, assign, transfer, mortgage or otherwise dispose of, or part with possession of, the Goods or any interest in them, or allow any lien, charge or other security interest to be created over
  • The Customer’s right to possession of the Goods shall terminate immediately if: (a) the Customer fails to make any payment to us when due; (b) the Customer becomes the subject of a bankruptcy order, makes any voluntary arrangement with its creditors, enters into administration, has a receiver or administrative receiver appointed over its assets, goes into liquidation (otherwise than for the purposes of solvent reconstruction), ceases or threatens to cease to carry on business, or suffers any analogous event in any jurisdiction; (c) the Customer encumbers or in any way charges any of the Goods; or (d) the Customer commits a material breach of the Contract and (where remediable) fails to remedy that breach within 14 days of written notice from us.
  • On termination of the Customer’s right of possession (for any reason), and without limiting any other right or remedy we may have, the Customer shall immediately make the Goods available for collection. We, our employees, agents and authorised representatives shall be entitled at any reasonable time to enter any premises of the Customer or any third party where the Goods are stored, in order to inspect them, or, where the Customer’s right of possession has terminated, to repossess and recover The Customer grants us, our employees, agents and authorised representatives an irrevocable licence for this purpose, and shall be responsible for ensuring that any necessary access permissions from third parties are in place.
  • We shall be entitled to recover payment for the Goods notwithstanding that title in any of the Goods has not passed to the Customer.
  • On repossession of any Goods, we may resell, use or otherwise dispose of the Goods, and apply the proceeds (less reasonable costs of collection, storage and resale) towards the sums owed by the Customer to us. The Customer shall remain liable for any shortfall.

 

7.  Risk

  • Risk in the Goods passes to the Customer on completion of delivery, or, if the Customer fails to take delivery, at the time when delivery would have taken place but for the Customer’s failure.
  • From the time risk passes, the Customer is responsible for the Goods and should insure them accordingly, particularly where title has not yet passed under clause 6.

 

8.  Delivery

  • Any dates quoted for delivery, despatch or completion of installation are approximate We shall not be liable for any delay in delivery or performance, however caused. Time for delivery is not of the essence.
  • Delivery of Goods is completed when the Goods are unloaded at the address specified by the Customer, or, where we are also installing, when the Goods are placed in their installation position.
  • It is the Customer’s responsibility to ensure that there is safe, lawful and unobstructed access to the delivery and installation address, that all relevant doorways, lifts, hallways and routes are sufficient to admit the Goods, and that any necessary parking or unloading permits are in place. Where access is not adequate and Goods cannot be delivered or installed, we may charge a re-delivery fee and any costs incurred.
  • If the Customer fails to take or accept delivery within seven (7) days of being notified that the Goods are ready for delivery, we may store the Goods (or arrange storage) at the Customer’s cost, and after a further period of 30 days resell the Goods and account to the Customer for any excess over the price under the Contract (less our reasonable costs).
  • The Customer must inspect the Goods on delivery and notify us in writing within 48 hours of any visible damage, shortage or non-conformity, and within 7 days of any other defects which are not reasonably apparent on inspection. Failure to do so shall not affect the Customer’s statutory rights as a Consumer.
  • We shall not be liable for any delay in, or failure of, delivery, despatch, installation, commissioning or completion of any Services to the extent caused by any matter outside our reasonable control. This includes (without limitation): delays caused by our suppliers, manufacturers, sub-contractors or carriers; supply-chain or component shortages; customs, import, export or shipping delays; the Customer’s failure to provide access, information, approvals, site readiness or payment when required; the acts or omissions of the Customer’s other contractors, professional advisers or representatives; defects in or unsuitability of the Customer’s premises, utilities or infrastructure; adverse weather conditions; industrial action; or any of the events listed in clause 14 (Force Majeure). Any agreed timescales shall be extended by a reasonable period to reflect any such delay, and no such delay shall entitle the Customer to terminate the Contract or to claim damages, loss of profit or any other remedy.

 

9.  Installation, Site Preparation and Customer Responsibilities

  • Where we are providing installation, the Customer shall, at its own cost and in good time before the agreed installation date: (a) ensure the installation site is clean, dry, level and ready to receive the Goods; (b) provide a suitable electrical supply, water supply, drainage, ventilation and any other utilities to the specification we have notified; (c) confirm that the floor structure can support the loaded weight of the Goods; (d) obtain all necessary planning permissions, building regulations approval, consents and landlord/freeholder approvals; and (e) provide a competent person on site to receive any necessary
  • If the installation site is not ready, or any of the requirements in clause 1 are not met, we may (at our option) carry out such remedial works as we are able to and charge the Customer at our prevailing

 

daywork rates, or postpone the installation. Any abortive visit, return visit or extended on-site time will be charged at our prevailing rates, plus reasonable expenses.

  • Any electrical, plumbing, building, decorative or other ancillary work that is not expressly included in our written quotation is the Customer’s responsibility.
  • We shall use reasonable skill and care in providing the Services, in accordance with section 49 of the Consumer Rights Act 2015 (for Consumers) and section 13 of the Supply of Goods and Services Act 1982 (for Business Customers).
  • Unless expressly stated in our written quotation or agreed by us in writing, we are not appointed as, and shall not act as, project manager, principal contractor, principal designer, CDM duty-holder or main contractor in relation to the Customer’s premises or In particular, and without limitation, we are not responsible for: (a) the design, specification, supply, installation, testing, certification, inspection or commissioning of any mechanical, electrical or plumbing (MEP) works, including power supply, distribution boards, isolators, cabling, water supply, drainage, heating, ventilation, air-conditioning, fire detection or alarm systems; (b) any building, structural, joinery, flooring, decorative, glazing, soundproofing, waterproofing or finishing works; (c) the procurement or supervision of any third-party contractors, sub- contractors, consultants or professional advisers engaged by the Customer; (d) obtaining or complying with any planning permission, building regulations approval, listed building consent, landlord or freeholder consent, party-wall agreement or insurance requirement; or (e) co-ordination of any third-party works, programme management, snagging of third-party works, or any consequences (including delay, additional cost, damage or non-compliance) arising from such works. Where any of the foregoing fall short of the requirements we have notified, we may suspend, postpone or modify our Services without liability, and any additional cost we incur as a result shall be paid by the Customer.

 

10.  Cancellation, Returns and Consumer Right to Cancel

  • Consumers buying at a distance (for example online or by telephone) generally have the right to cancel the Contract within 14 days of receipt of the Goods under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, by giving us a clear written statement of cancellation. This right does not apply to Goods that are made, customised or personalised to the Consumer’s specification, or to certain other categories of goods or services as set out in those Goods returned must be in their original condition and packaging; the Consumer is responsible for the cost of return and for any diminished value resulting from handling beyond what is necessary.
  • For Business Customers, no right of cancellation or return applies once the Contract has been formed, save with our written Where we agree to cancellation, a cancellation charge of up to 100% of the Contract price may apply, reflecting our costs already incurred (including supplier deposits, manufacturing, transport, scheduled installation slots and lost profit).
  • Nothing in this clause affects the Customer’s statutory rights in respect of faulty or misdescribed
  • Custom-Made, Bespoke and Personalised Goods. Notwithstanding any other provision of these Terms, Goods that are made, configured, finished, branded, sized, coloured or otherwise produced to the Customer’s specification (“Custom Goods”) are strictly non-cancellable, non-returnable and non-refundable

 

once the Contract has been formed, save where the Custom Goods are faulty or not as described. The Customer is responsible for the full Contract price for any Custom Goods, irrespective of whether the Customer subsequently changes its mind, no longer requires the Goods, or is unable or unwilling to take delivery.

  • Discretionary Resale of Custom Goods. We may, entirely at our sole discretion and without obligation, agree to use reasonable efforts to resell Custom Goods on behalf of the Customer. Where we do so: (a) the Customer remains liable for the full Contract price until any resale is completed and the proceeds are received by us in cleared funds; (b) we will charge a resale handling fee equal to 20% of the original Contract price (excluding VAT) of the Custom Goods, to cover our administration, listing, sales and marketing time; (c) we will additionally deduct from any resale proceeds all reasonable costs incurred by us in connection with the resale, including (without limitation) removal from the Customer’s site, transport, storage, insurance, cleaning, refurbishment, repackaging, photography, advertising, third-party platform or agent fees, and any discount required to achieve a sale; (d) any net balance remaining after deduction of the resale handling fee, the costs in (c) and any other sums owed by the Customer to us shall be paid to the Customer within 30 days of receipt of the resale proceeds in cleared funds; (e) we give no warranty, representation or guarantee that the Custom Goods can be resold, that any particular price will be achieved, or as to the period within which any resale may occur; and (f) if we are unable, despite reasonable efforts, to resell the Custom Goods within a period of 6 months (or such other period as we may notify), or if we elect at any time to cease attempting to resell, the Customer shall remain liable for the full Contract price (less any partial proceeds received) and the Custom Goods shall be made available for collection by the Customer at the Customer’s cost.

 

11.  Warranties and Guarantees

  • We warrant that, on delivery, the Goods shall: (a) conform in all material respects with their description and any specification agreed in writing; (b) be free from material defects in design, material and workmanship; and (c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, the Consumer Rights Act 2015, and the Supply of Goods and Services Act 1982, as applicable).
  • The Goods are also covered by the manufacturer’s warranty for the period stated in the relevant brochure or product documentation (for example, two (2) years for the iCEPOD® range), subject to the manufacturer’s terms. Details are available on request.
  • The above warranties do not apply to defects caused by: (a) fair wear and tear; (b) wilful damage, accident, neglect or misuse; (c) failure to follow our or the manufacturer’s installation, operating, maintenance, cleaning or storage instructions; (d) alteration or repair of the Goods by anyone other than us or a person authorised by us; (e) use of unsuitable consumables, accessories or replacement parts; (f) installation or use in an environment that does not meet the specification; or (g) any specification or design supplied by the Customer.
  • The Customer’s sole remedy for breach of the warranty in clause 11.1, to the extent permitted by law, shall be (at our option) repair or replacement of the defective Goods, or refund of the price paid in respect of the defective Nothing in this clause limits the Customer’s statutory rights as a Consumer.

 

12.  Health, Safety and Suitability for Use

  • The Goods include products that involve heat, cold, water and light exposure (for example saunas, ice baths, cold plunge pools, cryotherapy cabins and red light therapy beds). Such products may not be suitable for everyone. Pregnant individuals, people with cardiovascular conditions, respiratory conditions, skin sensitivities, photosensitivity, recent surgery or other medical conditions should seek medical advice before using such Goods.
  • The Customer is responsible for: (a) ensuring all users of the Goods are suitably screened and informed of contraindications, recommended session lengths and operating temperatures; (b) following all manufacturer instructions and safety guidance; and (c) where used commercially, ensuring appropriate disclaimers, consents, supervision, insurance, signage and risk assessments are in place.
  • Information provided by us, on our website or in our marketing materials, in relation to the potential benefits of cold therapy, heat therapy, red light therapy or contrast therapy is provided for general information only and does not constitute medical advice. It is not a substitute for advice from a qualified healthcare professional.

 

13.  Limitation of Liability

  • Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 17 of the Consumer Rights Act 2015 (title); (d) defective products under the Consumer Protection Act 1987; or (e) any other liability that cannot be excluded or limited by law.
  • Subject to clause 1, our total aggregate liability to the Customer arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the price paid by the Customer under the Contract.
  • Subject to clause 13.1, we shall not be liable to any Business Customer for any: (a) loss of profit; (b) loss of revenue, sales or business; (c) loss of anticipated savings; (d) loss of goodwill or reputation; (e) loss of or corruption of data; or (f) any indirect, special or consequential loss, however arising.
  • This clause 13 shall survive termination of the

 

14.  Force Majeure

  • We shall not be liable to the Customer for any failure or delay in performing our obligations to the extent caused by any event or circumstance beyond our reasonable control, including (without limitation) acts of God, war, terrorism, civil unrest, government action, epidemic or pandemic, fire, flood, extreme weather, supplier or transport failure, shortage of materials, labour disputes, or interruption to power, telecommunications or internet.
  • If the period of delay exceeds 90 days, either party may terminate the Contract by written notice, in which case we shall refund any sums paid by the Customer for Goods or Services not yet supplied.

 

15.  Intellectual Property

  • All intellectual property rights in our Goods, brochures, drawings, designs, photographs, marketing materials, website content and trade marks (including “Ember & Ice” and “iCEPOD®”) are and shall remain owned by us or our licensors. Nothing in these Terms transfers any such rights to the Customer.
  • The Customer shall not reproduce, copy, distribute, publish or use any of our marks, brand names or marketing materials without our prior written consent.

 

16.  Data Protection and Privacy

  • We process personal data in accordance with our Privacy Notice, available at emberandice.co.uk, and applicable data protection laws including the UK GDPR and the Data Protection Act 2018.

 

17.  Confidentiality

  • Each party undertakes that it shall not at any time disclose to any person any confidential information of the other party, except as permitted by clause 17.2.
  • Each party may disclose the other party’s confidential information: (a) to its employees, officers, professional advisers, contractors or sub-contractors who need to know it for the purposes of carrying out the Contract, provided they are bound by equivalent obligations of confidentiality; and (b) as may be required by law, court order or regulatory authority.

 

18.  Termination

  • Without limiting our other rights or remedies, we may terminate the Contract with immediate effect by written notice if the Customer: (a) commits a material breach of the Contract and (where remediable) fails to remedy that breach within 14 days; (b) fails to pay any sum due under the Contract by the due date; or (c) suffers any of the events listed in clause 6.4(b).
  • Termination of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination.

 

19.  Notices

  • Any notice given under or in connection with the Contract shall be in writing and sent by hand, by pre-paid first class post or by email to the address last notified by the recipient. Notices are deemed received: if hand-delivered, on delivery; if posted, at 00am on the second business day after posting; and if emailed, on the next business day after sending.

 

20.  General

  • No variation of the Contract shall be effective unless agreed in writing by both
  • No failure or delay by us to exercise any right or remedy under the Contract shall constitute a waiver of that right or remedy.
  • If any provision of these Terms is found to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
  • The Customer shall not assign, transfer, sub-contract or otherwise deal with any of its rights or obligations under the Contract without our prior written We may assign, transfer or sub-contract any of our rights or obligations under the Contract.
  • A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
  • These Terms, together with the Contract documents they incorporate, constitute the entire agreement between the parties and supersede all prior agreements, representations and understandings between them.

 

21.  Governing Law and Jurisdiction

  • The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales.
  • Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or

 

22.  How to Contact Us

  • If you have any questions about these Terms, your order, or wish to give us any notice in writing, please contact us:
  • By email: info@emberandice.co.uk
  • By WhatsApp or telephone: 07309 951516
  • By post: Ember and Ice Wellness Limited, 71–75 Shelton Street, Covent Garden, London, WC2H

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