TERMS AND CONDITIONS OF SALE
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products, goods or services (Products) listed on our website www.luxespa.co.uk (our site) or in-store to you. Please read these terms and conditions carefully before ordering any Products from our site or in-store. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for your reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site or in-store.
1. INFORMATION ABOUT US
1.1 www.luxespa.co.uk is a site operated by Luxespa Hot Tubs (UK) Limited (we). We are registered in Scotland under company number: SC513528 and our registered office is: Unit D, Clockmill, Duns, Berwickshire TD11 3NP. We are also VAT registered: 221479616.
2. SERVICE AVAILABILITY
Our site is only intended for use by people resident on the mainland of Great Britain and Northern Ireland and we deliver only to addresses on the mainland of Great Britain. We do not accept orders from individual’s resident at or deliver to addresses elsewhere, including the Channel Islands and the Isle of Man.
3. YOUR STATUS
By placing an order through our site or in-store, 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 on the mainland of Great Britain and Northern Ireland; and
(d) You are accessing our site from the mainland of Great Britain and Northern Ireland.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 You may place an order and make payment by credit or debit card using our secure server using Sagepay, Paypal or you may telephone your order and credit or debit card details to us. Telephone orders are accepted only on the basis of these terms and conditions.
4.2 Please note that placing an order 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 are accepted only if the full price of the product you are buying has been received by us. We will confirm acceptance to you by sending you an invoice by email (if you have placed your order via our site) or letter and the contract between us (Contract) will only be formed when we do so.
4.3 We will issue a Dispatch/Order Confirmation with regards to your order by email when the Product is shipped by us or the manufacturer confirms the estimated date of delivery. After an order has been placed for a hot tub or service - we will contact you to arrange a date and time which is most convenient for you.
4.4 Accessories and Chemicals will normally be delivered within 7 days of the Dispatch Confirmation unless you have ordered them with a hot tub, in which case they will be delivered with your hot tub order.
4.5 Hot tubs will normally be delivered within 4-12 weeks of the order date and possibly sooner (If in stock) at a time and date that is agreed with you.
5. CONSUMER RIGHTS
5.1 If you are contracting as a consumer, you may cancel a contract at any time before delivery or within seven working days, beginning on the day after you received the Product(s). In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in paragraph 10 below).
5.2 To cancel a Contract, you must inform us in writing and (if the Products have been delivered to you) return the Product(s) to us immediately, in the same condition in which you received them, unused, and at your own cost and risk.
5.3 You will not have any right to cancel a Contract for Products if they have been used or installed.
5.4 Deposit's to secure are non-refundable and will not be returned upon cancelling the contract as we have ordered goods based on your intention to buy.
5.5 This provision does not affect your statutory rights.
6. AVAILABILITY AND DELIVERY
6.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6.2 If you have ordered a hot tub
6.2.1 you warrant that there is an unobstructed good hard road surface to the point at which the hot tub is unloaded by our delivery team onto the equipment they use to move and position your tub
6.2.2 you are responsible for ensuring that the necessary power supply has been correctly installed by an appropriately qualified electrician in accordance with the requirements specified on our site for your hot tub, and
6.2.3 you must provide a solid, flat surface for the hot tub designed to carry a load of at least 150 lbs per square foot. If the Hot Tub will be sited indoors or if the Hot Tub will be placed upon decking, you must ensure that structure upon which the spa sits is both waterproof and is structurally able to carry a load of at least 150 lbs per square foot.
6.3 On delivery you should inspect the Product as soon as reasonably practicable and notify us as soon as possible of any items that are missing, damaged or defective.
6.5 Failure to meet our minimum access requirements (check specific model requirements), and failure to let us know in advance of delivery, resulting in a job not being completed or delayed, you may be liable to pay a surcharge if these requirements are not met or sufficient access made available for delivery.
7. HOT TUB DELIVERY & POSITIONING
7.1 By ordering a hot tub from us, you are agreeing to take delivery and positioning from us, you must ensure you meet our minimum access requirements from the place at which the hot tub is to be unloaded from the trailer it is transported with to the place at which it is to be positioned, and your warranties and obligations set out in clauses 6.2 will still apply
8. RISK AND TITLE
8.1 The Products will be at your risk from the time of delivery. For any reason you don't want the hot tub positioned, this will be when the delivery vehicle arrives at the delivery address
9. PRICE AND PAYMENT
9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
9.2 These prices include VAT and include free delivery and positioning (If you are purchasing a hot tub) and any product which complements it, if part of the same order. Variable delivery charges apply to chemical and accessory products ordered on our website that are not being physically delivered with a hot tub order.
9.3 Prices of Products on our site are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice.
9.4 We attempt to ensure the Products on our website are correctly priced and it is always possible that, despite our best efforts, some of the Products listed on our 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 our 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.
9.5 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.
9.6 Payment for all Products must be by credit or debit card, and this can be done using our secure server and payment partner Sagepay, Paypal, or over the telephone with us using Sagepay. We accept payment with Visa, Mastercard, Delta, Switch and American Express. If a payment is made by card and the shipping address is different from the actual delivery address, the cardholder must present photo Identification on delivery for fraud prevention purposes.
9.7 We may at our discretion choose to accept an order upon receipt of a deposit. The final balance absolutely must be received before the hot tub can be removed from our delivery vehicle.
10. OUR REFUND POLICY
10.1 When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective product. A deposit at point of order of £400 is non-refundable if you decide to cancel your order, as we order goods in on the basis of that sale.
10.3 Products returned by you because of a defect will be refunded in full.
10.4 Refunds will be issued once we have received the returned goods back into our possession.
10.5 Products returned by you within the seven-day cooling-off period (see paragraph 5.1 above) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
11. WARRANTY AND OUR LIABILITY
11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and hot tubs supplied by us also have the benefit of product warranty.
11.2 Subject to clause 11.1, our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
11.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, waste of your time or that of any of your contractors or employees or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
12 .WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. If you order goods or services from us via our site or otherwise notify us of an email address for you, you accept that communication with us may be mainly electronic. 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 addressed to: LuxeSpa Hot Tubs (UK) Ltd, Unit D, Clockmill, Duns, Berwickshire, TD11 3NP or via e-mail: firstname.lastname@example.org. 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 paragraph 13. 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.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
(g) Container ship delays
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 15 above.
17.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you our invoice (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the invoice).
20. LAW AND JURISDICTION
20.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of Scotland.
21. FAULTY GOODS
21.1 Under the Consumer Rights Act 2015, a customer has an early right to reject goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund. This right is limited to 30 days from the date the customer took ownership of the goods. If an item is faulty and needs to be returned, the customer does not need to pay postage costs for the return of the faulty item. If a customer is asked to return an item that arrived damaged, not as described or faulty, the retailer should refund the total cost of the return.
22. FOR DISTANCE (ONLINE & MAIL ORDER) SELLING
22.1 Under the Consumer Contracts Regulations 2014, a customer is allowed to return an item if they simply change their mind. A customer has the right to cancel at any time from the moment they place their online order, and up to 14 days from the day they receive the goods. The customer then has a further 14 days from the date they notify the retailer of their cancellation to return the goods. There are exemptions to online returns which include tailor made/personalised goods.