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.