Standard Terms and Conditions Effective April 2019 of SpaMonster Ltd.
1.1 In these the following Conditions words have the following meanings:
1.1.1 The Buyer: (The person named on the invoice).
1.1.2 The Company: SpaMonster Ltd (Registered Office 99 Poyle Road, Tongham, Farnham – Reg No 05629398
1.1.3 The Contract: any contract between the Company and the Buyer for the sale and the purchase of the goods, incorporating these conditions;
1.1.4 Delivery Date: The earliest available date that The Company advises The Buyer that their goods can be delivered.
1.1.5 Delivery Point: the place where delivery of the goods is to take place under conditions 8 and 9.
1.1.6 Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
1.1.7 Delivery Promise: A commitment by The Company to deliver Wellis pre-built Portable Spas available in inventory from time to time and within a period of 15 working days from The Company’s receipt of not less than 50% of the invoice amount from the customer.
1.1.8 Working Days: The five weekdays excluding weekends and Bank holidays irrespective of actual trading days of The Company.
1.1.9 Receipt Of Funds: The point that The Company’s bank advises them that receipts are cleared.
1.2 In these Conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, re-enacted or replaced.
1.3 In these conditions references to the masculine the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.4 In these Conditions the terms “Hot tub” and “Spa” have the same meaning.
1.5 In these Conditions headings will not affect the construction of these conditions.
2. Application of Terms
2.1 The following general conditions apply to and are deemed to be incorporated in all contracts for sale and supply of The Company’s services and materials. The placing of an order expresses acceptance of our terms and conditions of business.
2.2 These terms and conditions override any terms or conditions proposed by the buyer unless specifically agreed in writing by The Company in these Terms.
3.1 Unless otherwise agreed by the Company in writing the price shall be the price set out in the Company’s quotation or invoice. This will set out the price of the Goods and additions, plus any delivery, additional works, other charges or value added tax.
3.2 Charges levied by the Company to the Buyer in respect of services such as (but not exclusively) site preparation, electrical work, supply of decking , etc shall be payable in full at the time of the order.
4.1 On all sales, Receipt Of Funds by The Company must take place at least 3 working days prior to either delivering or releasing goods. Same day payment and collection of goods is not permitted unless explicitly agreed by a director of The Company.
4.2 Cleared payments are regarded as certified Bankers Draft, Bank transfer, PayPal or Cash.
4.3 Our fraud prevention policy requires we provide our bank with sufficient time to check and clear all types of payments prior to us delivering or releasing high value goods as follows:
4.3.1 If Payment is to be made by personal cheque, then the cheque should reach us 10 working days prior to the due payment date.
4.3.2 For all other means of payment Receipt Of Funds must take place not less than 3 working days prior to due payment date.
4.4 Drafts and cheques should be made payable to “SpaMonster Ltd”.
4.5 Payment may be made directly to The Company’s Bank account– please contact us for details.
4.6 All prices and offers are subject to change and availability.
4.7 All prices shown include Value Added Tax (VAT) at the statutory rate current at the date of invoice unless stated otherwise.
5.1 The goods are at the risk of the Buyer from the time of delivery
5.2 No property in or title to the goods shall pass from The Company to The Buyer until The Company has received confirmation from their bank that Receipt Of Funds has occurred.
6.1 A deposit of 25% is required on all orders
6.2 Deposits are only refundable in the case of non-delivery within the terms of the Delivery Promise.
6.3 Deposits are otherwise non-refundable.
7. Delivery Promise
7.1 We will provide a Delivery date that falls within 15 working days from our second stage Receipt Of Funds payment or notification of the spa’s dispatch from the Factory whichever is the latter.
7.2 We will strive to accommodate alternative delivery dates provided to The Company by The Buyer but these this will void the “Delivery Promise” whether or not within the 15 working day period.
8.1 Hot tub prices include delivery within 70 miles. Beyond this distance there is a charge of £2.00 plus vat per extra mile.
8.2 The precise time of delivery cannot be guaranteed and any time stated by us is intended to be an estimate and time for delivery shall not be made of the essence by notice only be used as a guide.
8.3 Delivery will only be made if The Buyer (or his duly authorised Agent) is in attendance at the Delivery Point on the day of delivery.
8.4 Subject to the other provisions of these Conditions, The Company will not be liable for any direct, indirect or consequential loss (all 3 of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence).
9. Aborted Delivery
9.1 If the company agree to deliver and on attending the Delivery Point on the confirmed day are unable to affect delivery due to the buyer being unprepared, The Buyer can elect to request The Company to:
9.1.1 Leave the goods at the risk of The Buyer whilst access works or arrangements are carried out. If a return commissioning visit is required this will inure a minimum cost of £180 plus vat. plus beyond 15 miles an additional cost of £2.00 plus vat per extra mile.
9.1.2 Return the goods to The Company’s store at their risk and standard rates pending a subsequent delivery. In this case a subsequent delivery will incur a minimum charge of £150 plus vat, plus if commissioning is required £180 plus vat, plus beyond 15 miles an additional cost of £2.00 plus vat per extra mile.
9.2 If any cause outside the control of The Company makes it impractical for The Company or its Agents to complete the order, the right is reserved to refund all monies paid without any other form of compensation.
10.1 If for any reason the Buyer will not accept delivery of any of the Goods when they are ready for delivery, The Company will place the goods in Storage subject to condition 11.
11.1 Goods can only be held for a maximum of 4 weeks, after which we reserve the right to take the order as being cancelled unless full payments have been received.
11.2 Goods may be stored on extended hold at The Company’s discretion only if they have been fully paid for and written notification has been received requesting us to hold the goods for longer. In this case they will subject to a storage charge of not less than £12 per week paid monthly in advance.
11.3 Should outstanding storage charges exceed 4 weeks, we reserve the right to treat the order as abandoned and cancelled and dispose of the Spa accordingly. Any equity the Buyer may hold in the Spa will be returned less:
11.3.1 For Spas ordered from The Company but not delivered, all outstanding costs, unpaid invoices, and in addition a handling charge of not less than 20% of the original invoice.
11.3.2 For Pre-owned Spas or related goods previously collected from The buyer for temporary storage, all outstanding costs, unpaid invoices, and in addition a handling charge of not less than £1,500.
12 Force majeure
12.1 The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying out of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of Gods, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, epidemic, lock-outs, strikes, or other labour disputes (whether relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that, if the event in question continues for a continuous period in excess of 7 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
13 Limitation of liability
13.1 Subject to conditions 8, 9,10, and 11, the following provisions set out the entire financial liability of the Company (including any liability for the acts of omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
13.1.1 any breach of these Conditions; and
13.1.2 any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
13.2 Nothing in these Conditions excludes or limits the liability of the Company:
13.2.1 for death or personal injury caused by the Company’s negligence;
13.2.2 Under section 2(3) Consumer Protection Act 1987;
13.2.3 for fraud or fraudulent misrepresentation
13.3 Subject to conditions 22.1, 22.2:
13.3.1 the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance of this Contract shall be limited to the Contract price; and
13.3.2 the Company shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
14.1 The Buyer shall not be entitled to assign the Contract or any part of it.
14.2 The Company may assign the Contract or any part of it to any person, firm or company.
15.1 Estimated time for delivery of Spas is given as accurately as possible, and is guaranteed to fall within the terms of the Delivery Promise.
15.2 A full refund will be offered to The Buyer for deliveries that cannot be made within this Delivery Promise period provided that a delivery date has not been offered by The Company and rejected by The Buyer.
15.3 Any alterations to the order by The buyer will void the Delivery Promise. Orders can only be amended by written agreement with a Director of The Company and our Supplier. Once agreed then The Buyer must confirm such alterations/ exchanges/ cancellations in writing within 5 days.
16 Delivery, Installation and Commissioning Service
16.1 Spa’s are often available from inventory at short notice. At peak season availability across the full model range will be restricted. Specific colours and options may require a factory build order and consequent extended lead time.
16.2 The delivery and commissioning of each Hot Tub by our technicians includes:
16.2.1 Hot tub delivery via a specialist carrier system
16.2.2 Off loading and manoeuvring into its agreed position
16.2.3 Filling with water from The Buyer’s hose and suitable water supply
16.2.4 Connecting to a suitable pre-installed power supply
16.2.5 Demonstration of the Spa’s controls
16.2.6 Chemical dosing plus on-going safe water treatment protocols discussion
16.2.7 On-going maintenance programs discussion
16.2.8 Discussion of a safe use regime and maximising the benefits of hydrotherapy
16.3 It is the responsibility of The Buyer to read the detailed Delivery and Commissioning Notes enclosed with the Sales Order Confirmation.
17 Product Specification
17.1 The Company and its suppliers operate a policy of continuous improvement and reserves the right to alter prices and/or specifications without notice.
17.2 Portable spas supplied under this contract are intended for domestic use and are not commercial products unless specifically stated.
18 Defects and Shortages
18.1 To ensure the efficient resolution of claims for defects and shortages The Buyer should:
18.1.1 Notify us in writing within 3 working days of receipt of the goods should any complaint arise and give us the opportunity to inspect the goods and investigate the complaint before any further use.
18.2 The Buyer shall not be entitled to any claim in respect of any repairs or alterations undertaken to him without our prior specific written consent nor in respect of any defect arising by reason of fair wear and tear or damage due to misuse.
18.4 The Company and its Agents shall not be liable for loss or damage suffered by reason of use of the goods after The Buyer becomes aware of a defect or after circumstances which should reasonably have indicated to The Buyer the existence of a defect.
18.5 If following the inspection of the goods pursuant it transpires that we have no legal liability in respect of the matter complained of then we may levy our standard call out charge of £85 plus vat for the fist hour or part on site, plus £55 plus vat for every subsequent hour or part of on site at the same visit, plus £2.00 plus vat per mile for travelling over 15 miles.
18.6 Acceptance and use of goods will be deemed as acceptance under the sale of goods Act and waiver the right to reject.
19 Cancellation terms before delivery
19.1 On cancellation of an order prior to 72hrs of agreed delivery date to The Buyer: refund of monies received less 10% of the order value within 30 days of receipt by The Company of written notice.
19.2 Within 48hrs of the delivery date, refund of monies received less 20% of the order value within 30 days of receipt by The Company of written notice.
20 Rejection of Goods after delivery: Distance selling regulations
20.1 The Buyer has the right to cancel an on-line transaction within 14 days of receiving the spa and return it provided:
20.1.1 The Company is notified us as soon as possible by either e-mail or telephone and confirmed in writing during this period of the intention to cancel.
20.1.2 The Buyer has received confirmation from The Company that they are processing the claim.
20.1.3 The spa has not been used or unwrapped from the manufacturers original shrink wrapped protective packaging.
20.1.4 The Company receives back the Spa within15 working days of The Buyers notification to return the goods.
20.2 Within 5 working days of receiving a notification to return goods The Company undertakes to issue The Buyer with a “Return of goods” (ROG) label which must be prominently affixed to the manufacturer’s shrink wrap package. The Company will not accept any returns without this label attached.
20.3 The Buyer is responsible for arranging and paying for suitable and insured transport to our returns address printed on the ROG label.
20.4 Upon receipt The Company will inspect and assess and test the spa and
20.4.1 if satisfied that the spa is still in original, unused, and unwrapped condition, make a refund within 30 days less a handling fee of not less than £20% of the original invoice amount.
20.4.2 If of the opinion that the spa is damaged, used, or otherwise in non-original condition will withhold any refund and either place the spa in storage at The Buyer’s expense pending resolution by arbitration, or ship the spa back to The Buyer at the pre-paid expense of The Buyer.
21.1 Included in our Commissioning service is a tutorial by our Technician, explaining how to operate the Spa as well as how to maintain safe optimum water quality and how to get the best from use from it.
21.1.1 Once installed all hot tubs carry a manufacturer’s, Parts 0nly warranty.
21.1.2 For spas installed within 50 miles travelling from The Company’s base at the postcode location GU9 9JX, the Company provides 12 months labour cover.
21.1.3 An optional 12 month rolling Service contract may be arranged for subsequent years. The additional charge for this is subject to the location and as detailed in the “Service Contract” document.
21.1.4 In all cases free telephone and email technical support is available during normal business hours.
21.2 In stock parts will be dispatched by next day courier at the discretion of The Company’s Technical Director.
22 Warranty Durations and Details
22.1 Wellis branded Hot tubs are guaranteed to be free from defects for the time periods detailed in the current “Product Warranty – Wellis Spa®” document.
22. 2 Information that relates to the Warranty: Extent, Limitations, and Performance are listed in the current “Product Warranty – Wellis Spa®” document.
23 Customer support and service levels
23.1 The Company aims to exceed The Buyers expectations and provide helpful customer support and respond within the following time periods:
23.1.1 Emails and voice mails within 1 working day.
23.1.2 Letters within 4 working days of receipt
23.2 The Buyer can talk directly to The Company’s service department who will in most cases be able to:
23.2.1 Provide advice to resolve common fault issues.
23.2.2 Arrange for a service call.
23.2.3 Dispatch parts required to resolve a fault.
23.3 In the event that a service call is required we aim to attend:
23.3.1 Priority call outs (safety or damage limitation issues) within 48hrs.
23.3.2 Non-priority call outs within 7 working days.
23.4 Parts are normally held in stock. No-Stock items are normally sourced within 10 working days. Special orders or Accessories may take longer.
24 Security and Privacy
24.1 Your security and privacy are our priority; it is not our policy to disclose your e-mail address or details to any third parties. All information gathered including any information given at the time of ordering is collected lawfully and (in accordance with the Data Protection Act 1998).
24.2 The information collected about you will be used to:
24.2.1 Enable us to process your order or a sample or literature request
24.2.2 To provide a suitable level of customer service.