1. General

These Terms and Conditions override any terms or conditions proposed by the buyer unless specifically agreed in writing by Pool Spas and, together with the agreed price for the goods, constitute the entire agreement for the sale. The buyer will, however, be entitled in addition to the Manufacturer’s Warranty as supplied with the goods but this will be effective only if the buyer has complied with all the terms and conditions of this agreement. For the purposes of these terms and conditions, spa describes portable spas, Hot Tubs and Swim Spas. The agreement concerns the retail sale of goods only for private and NOT commercial use by the buyer and is not concerned with installation, which is the sole responsibility of the buyer unless otherwise agreed. Pool Spas Ltd reserve the right to make changes to the website, product descriptions and pricing, other websites in our group and the associated Terms and Conditions of business. It is your responsibility to review the Terms & Conditions and Privacy Policy for updates or changes. Our Terms & Conditions and Privacy Policy is dictated by that of our suppliers, any substantive changes to our suppliers Terms & Conditions or Privacy Policy must be reflected in our own and Pool Spas Ltd will make all reasonable efforts to inform its customer should this occur.


2. Prices and Supply

Each quotation or invoice will show the agreed price for the goods and any extras plus any delivery or set up charges or VAT, this will only remain valid for 7 days from date of issue, unless otherwise stated. All prices quoted are in Sterling (GBP). Due to possible fluctuations in our supplier prices, we reserve the right to change our advertised price, or the description given on the website for any item without notice. The price you pay for your goods is the price advertised when you place your order. If a product is shown on the website but is not available or is incorrectly priced or otherwise incorrectly described, Pool Spas shall not be obliged to sell you that product. All orders for products are subject to availability and Pool Spas reserves the right to refuse to supply to any individual or company for whatever reason.


3. Payment

Orders may require a minimum deposit which will be agreed with the buyer, for any orders which, unless printed or noted as refundable as part of a special show promotion, remains non-refundable after 72 hours. Orders are only valid when this deposit has been received as cleared funds. The balance must be paid by cheque, bankers draft or bank transfer 10 days prior to target delivery date or intended date for collection of the goods. Where the balance is not paid, in breach of contract, Pool Spas shall be entitled to retain the deposit to offset any loss of profit and unnecessary costs incurred.

Pool Spas is a trading style of Pool Group and as such all payments by credit or debit card will be shown on your statement as Pool Group. Payments for crane / hiab hire are not included in our prices and are payable to the assigned contractor upon delivery.


4. Cancellation, Returns & Refunds

4.1 Once you have paid a deposit, you have a 14-day cooling off period in which to change your mind - this can be for any reason, and you will be refunded the full amount you paid to us. If the order has already been delivered the customer is liable for the delivery and restocking & packaging cost of the product. All deposits are non-refundable once the cooling off period of 14 days has elapsed.

4.2 You can return goods you have ordered from us for any reason at any time within 7 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you.

4.3 If you wish to return goods, you must contact us by e-mail at sales@pool-spas.co.uk quoting your order number and the item(s) you would like to return and the reason.

4.4 Upon receipt of the goods we will give you a full refund of the amount paid, or an exchange credit as required. The amount refunded will less any debit or credit fees accrued during the purchase.

4.5 The rights to return the goods to us as referred to in clause 4.2 will not apply if:

·         any product(s) has been used

·         any product(s) that have been made specifically for the customer

·         any product(s) that have been customised specifically for the customer

4.6 If a refund is requested as a result of non-delivery due to poor access at the delivery address, the cost of delivery to and from the delivery location to our premises will be liable to the customer.

4.7 None of the provisions contained in Section 4 affect your statutory rights as a consumer.


5. Delivery

Delivery or delivery and installation is not included in the price of the goods unless clearly stated. Any time or date for delivery is an estimate only and it is not the essence of contract and if the delivery is delayed under no circumstances can compensation be considered or paid. If Pool Spas agree to delivery and on attending site on the confirmed day are unable to deliver due to a buyer being unprepared, a return visit to deliver the spa will incur a minimum cost of £250.00. If any cause outside the control of Pool Spas makes it impractical for Pool Spas to complete the order, the right is reserved to refund all monies paid without any other form of compensation.


6. Acceptance

The buyer will be deemed to have accepted the goods unless the buyer gives written notification of a defect by telephone or e-mail to Pool Spas within 24 hours of delivery. If, upon inspection, Pool Spas finds that the complaint is justified, Pool Spas shall at its option either repair or replace the defective part of a product free of charge within a reasonable time and Pool Spas shall be liable for no other form of loss or compensation in that event

7. Installation and Operating Requirements

The buyer should always observe the following installation and operating requirements and Pool Spas Ltd shall not be liable for any loss, whether direct, indirect, or consequential, arising from any failure to do so. Buyers are advised to use a professional N.I.C.E.I.C. registered electrician and must ensure compliance with the manufacturer’s electrical instructions, requirements and electrical regulations relating to this type of installation.

Buyers must ensure in the event of the spa or its supply line going to earth this will only trip the supply to the spa and not the rest of the property, or computers and other electrical appliances which store data or are affected by a disruption of supply. The correct size fuse, a 30milliamp ELCB/RCD, the correct size of cable to suit the spa and length of cable run, must be fitted to any spa installation.

Set up is not included in the price of the goods unless clearly stated. If set up by Pool Spas Ltd is undertaken this can only take place when the following requirements are in place. There must be easy level access over hard (not soft) surfaces with adequate allowance for the spa on its transport sled, width, and length, as well as no difficult corners.

Pool Spas may then place the goods in the position as instructed by the buyer, thereafter its responsibility shall cease.

If the buyer has provided to the side of the spa an adequate length of cable to suit the supply, situation and spa, Pool Spas will connect this to the spa, subject to the cable and supply having been correctly installed by a competent qualified electrician and the supply being protected by a 30milliamp E.L.C.B.

Indoor use is at the buyer’s risk and precautions must be made for leaks and access for maintenance. Portable spas and Hot Tubs are freestanding units and are not designed to be built into the premises. Furthermore, spas should only be located on waterproof suitable flooring. A spa is a water filled vessel without an inbuilt drain. Spas can only be gravity drained slowly via a ½ " hosepipe or pumped out with a submersible pump. Care should be taken to avoid drainage onto sensitive plants, ponds or running water containing fish or other life forms. Any vessel of this type can leak and cause damage with the volume of water involved.

While indoor spa location is not recommended, if the spa is located indoors or on a surface where damage could occur, it is the responsibility of the buyer to make provision for dealing with a leak and limiting the risk of damage. Floor drainage should be considered on indoor locations where splash or leaks could cause problems, while any spa located over a basement or not on a ground floor should be fitted in a suitable bund tank with drain which should be able to handle the eventuality of any minor or major leak. Leaks can cause damage to both finish and structure of the surroundings if provision is not made to avoid such an occurrence.

The buyer should note that all dimensions are approximate due to variations in bespoke manufacture. Accordingly (although permanent fittings for spas are not recommended anyway) the buyer should not construct such fittings prior to delivery.

For any warranty work buyers must ensure the spa is accessible from all sides and there is adequate working space.

8. Representations and Referrals

Whilst Pool Spas will use every endeavour to give helpful advice and guidance to the buyer, to enable the buyer to make an informed choice, such advice will be limited to generalities and Pool Spas cannot be liable for specific circumstances relating to the buyer’s premises, intended use or otherwise. Referrals, as e.g., the name of contractors who may be able to carry out certain work, are given as a professional courtesy only and Pool Spas cannot be responsible for any conduct or service provided by such contractors.


9. Specifications

If the manufacturer adopts any changes in construction or design of the goods to be supplied under the agreement, the buyer shall accept the goods so changed in performance of the contract provided that any such changes do not materially alter the functions or characteristics of the goods.


10. Operation and Maintenance

Neither Pool Spas Ltd nor the manufacturer can be held responsible for any adverse consequences to the goods, property or person arising from the buyer’s failure to comply with the manufacturer’s operating and/or maintenance instructions. Changes or alterations to parts or components are also at the buyer’s risk.


11. Warranty Claims

All claims under the manufacturer’s warranty should be directed to Pool Spas Ltd quoting their order reference number, delivery date and model name as it appears on the delivery note. This may differ from its general or Pool Spas Ltd product name.

11.1 Spa Structure – 10 Years

Pool Spas Ltd warrants the spa structure, which is defined as any rotationally moulded, polyethylene internal support structures, wood support structures or metal support structures that connect the unibody shell, floor and external coping for 10 years. This limited structural warranty specifically excludes any part of the spa that is not rotationally moulded as part of the unibody shell such as the synthetic wood skirting, jets, doors, covers etc.

11.2 Shell/Surface Warranty – 3 Years

Pool Spas Ltd warrants the shell of the spa to be free from defects in materials and workmanship resulting in water loss for three years. Any additional costs including shipping, delivery, crane hire, set up, installation and/or disposal charges will be the sole responsibility of the spa owner. Any defects in the shell caused by chemical misuse will not be covered under any warranties.

11.3 Spa Components – 2 Years Pool Spas Ltd warrants the electrical and mechanical components including the pump, heater, LED lighting and control system against defects in material and workmanship for two years. Filter cartridges, covers, spa cover locks and fuses are not included in this warranty but are warranted to be free from defects in materials and workmanship at the time of delivery. Speakers are covered under warranty for one year.

Pool Spas Ltd warrants the factory installed plumbing components of the spa to be free from defects in manufacturing and workmanship resulting in leaks for two years. This warranty specifically covers leaks from jet fittings, internal plumbing, internal glue joints and hoses. Spa covers and other spa accessories are warranted to be free from defects at the time of delivery and are specifically excluded from this warranty.

11.4 Extent of Warranty

This warranty extends only to the original consumer of the spa when purchased and installed within the country of purchase. This warranty begins on the installation date.

11.5 Warranty Performance

To make a claim under this warranty contact Pool Spas Ltd on 01429 289450 as soon as possible. A comprehensive 2-year onsite parts & labour coverage is included with no travel fees being charged in the first 24 months. Pool Spas Ltd will repair any defects covered by this warranty and you will not be charged for parts or onsite labour during this warranty period. If, on the occasion Pool Spas Ltd are booked in for a repair but are unable to complete due to limited access to the Hot Tub / Swim Spa, a call out charge will be invoiced.

11.6 Limitations

11.6.1 Except as described above, this warranty does not cover defects or damage due to normal wear and tear, improper installation, installation not done by Pool Spas Ltd, alteration without Pool Spas Ltd prior consent, the removal of any spa, accident, acts of god, misuse or abuse, commercial or industrial use, use of an accessory not approved by Pool Spas Ltd, failure to follow Pool Spas Ltd owner’s manual or repairs made by anyone other than Pool Spas Ltd.

11.6.2 Pool Spas Ltd or any other OEM will not be responsible for any costs incurred for the hire of cranes, lifting devices or any works required in the creation of adequate access for the removal, repair or replacement of any hot tub during and after the warranty period.

11.6.3 This warranty does not cover component failure through mis-use, neglect or removal, such cases are decided upon at Pool Spas Ltd discretion. Damage caused by improper water chemistry and failure to keep the spa clean could potentially invalidate the warranty coverage. Cosmetic blemishes, freeze damage caused by leaving the hot tub switched off during periods of adverse cold weather conditions, normal wear and tear and failure caused by acts of God are not covered under this warranty.


12. Gazebos

Gazebos are only for the provision of a degree of privacy & shelter from the wind. They are not intended for use as dry rooms. Spa use requires a well-vented open wet place to allow ready air movement for splash and condensation to dry out. Gazebo design achieves this by the avoidance of water repelling construction materials, the use of treated timber, which “breathes”, and a well vented open structure.

All gazebos are stained with a solution that can run off and stain surrounding surfaces after the first few months following erection and if this could cause problems, provision should be made for this eventuality.

All spas must be on a waterproof load-bearing surface. As the tolerance of a wet place requires open slatted construction that allows for movement, water intrusion and dripping will occur when it rains in all the types of gazebos Pool Spas supplies for spa and hot tub use. This dries out naturally as conditions change.

Gazebos are generally supplied as sectional buildings for erection by the buyer. If a buyer instructs us to erect a gazebo, this can only be undertaken if a fully prepared level base is ready for the gazebo to be placed on. It is the responsibility of the buyer as to the suitability of the base for the gazebo and its location. Any local building consents and requirements are the responsibility of the buyer.

All gazebos should be located on a waterproof hard standing with drainage if the buyer considers this necessary. Flooring which can be damaged by water should not be used. The hard standing should be load bearing to suit the weight of the spa and gazebo. Walk in gazebos should be on a raised hard standing or plinth to suit the outside dimensions of the gazebo walls plus 450mm each side to allow for variation and drip from the roof. Being manufactured from a natural product, gazebos do not have a uniform colour or finish and variations and natural imperfections do occur.