TERMS AND CONDITIONS OF SALE – Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01733 252827.
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you) We are Posh Spas Leisure Ltd a company registered in England and Wales under number 07416439 whose registered office is at Unit 32 Phorpres Close, Hampton, Peterborough, PE7 8FZ with email address firstname.lastname@example.org; telephone number 01733 252827; (the Supplier or us or we).
2. These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
3. Consumer means an individual acting for purposes which are wholly or mainly outside
his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;
5. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
6. Goods means any goods that we supply to you, of the number and description as set out in the Order;
7. Order means the Customer’s order for the Goods from the Supplier as set out in the Customer’s order or in the Customer’s written acceptance of the Supplier’s quotation.
8. The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size.
9. In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
Basis of Sale
10. The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.
11. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
12. A Contract will be formed for the Goods ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or if earlier, the Supplier’s delivery of the Goods to the Customer.
13. Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
14. No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the Customer and the Supplier in writing agree the variation.
15. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier’s business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier’s and the Customer’s simultaneous physical pres- ence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier’s and the Customer’s simultaneous physical pres- ence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protec- tion law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
Price and Payment
16. The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is that set out in our price list current at the date we accepted the Order or such other price as we may agree in writing.
17. Prices and charges include VAT at the rate applicable at the time of the Order.
18. Payment for Goods must be made at least 7-10 days in advance of delivery into the UK. You must pay in cash, online transfer or by telephone with your debit card details and we can take payment immediately or otherwise before delivery of the Goods. Online Banking details are provided with the Invoice.
19. Delays in payments when prompted may incur an administration charge of £99.00.
20. Debit & Credit cards accepted. We do not accept American Express or Amex.
21. A Deposit is required for all items sold. For USA Factory Orders the deposit amount is 50% and for orders with UK stock availability it is 10%.
22. Factory Ordered Items may only require an initial deposit of 25% of the purchase price however the remainder up to the 50% will be required by a date supplied by us via email. Delivery
23. We will deliver the Goods to the Delivery Location by the time or within the period agreed, or failing any agreement, without undue delay and, in any event, not more than 14 weeks after the order has been made.
24. A certified electrician must undertake all electrical supplies for the hot tub. Please use our Electrical guide for installations. If for any reason the electrical supply causes a delay to the commissioning of the hot tub, if without agreeing otherwise via email or in writing, we may charge a fee of £99.00 to return.
25. If a Crane or HiAb is required for delivery, we do not take responsibility for the usage of this type of vehicle.
26. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or if you told us before the Contract was made that delivery on time was essential in writing; or
b. after we have failed to deliver on time, you have specified a later period which is appropri- ate to the circumstances and we have not delivered within that period.
27. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
28. If you were entitled to treat the Contract at an end, but do not do so, you are not prevent- ed from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been deliv- ered, you must return them or allow us to collect them from you and we will pay the costs of this. We follow the Sales of Goods Act 1979.
29. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
30. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
31. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges. Chemical & accessory orders delivery timescale is 2-4 working days
32. If you or your nominee fails, through no fault of ours, to take delivery of the Goods at
the Delivery Location, we may charge the reasonable costs of storing and redelivering them. Hot Tub Storage £15 per week. Swim Spa Storage £25per week. Hot Tub Redelivery charges £350.00. Swim Spa Redelivery Charges £350.00 plus additional crane hire if required.
33. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them. Risk and Title
34. Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.
35. You do not own the Goods until we have received payment in full. If full payment is over- due or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
36. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
37. You can cancel the Contract except for any Goods which are made to your special requirements i.e Factory Orders, by telling us no later than 14 days after the Contract was made, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your expense. Then we will without delay refund to you the price for those Goods, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. We follow the Sales of Good Act 1979.
38. Cancellation of a USA Factory Order will result in the loss of your deposit. Shipping, Haulier & Handling charges of a standard Hot Tub is £600.00 and for a Swim Spa is £1500.00. Admin fee of £99.00 will also be applied.
39. Cancellation of an item in stock will result in the loss of your deposit up to 10% of the Purchase Price. If you have made a small deposit and decide to cancel you will be liable for 10% of the Purchase Cost due to restocking and handling charges.
Conformity and Guarantee
40. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
41. Upon delivery, the Goods will:
a. be of satisfactory quality
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasona- ble for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
42. It is not a failure to conform if the failure has its origin in your materials.
43. We will immediately, or within a reasonable time, give you the benefit of the free guaran- tee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
44. We will provide the following after-sales service: We are happy to help with all enquiries related to the hot tub or swim spa.
Circumstances beyond the control of either party
45. In the event of any failure by a party because of something beyond its reasonable control: a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasona- bly avoid, but this will not affect the Customer’s above rights relating to delivery and the right to cancel below.
46. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obliga- tions. Subject to this, the Supplier is not liable for(i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession).
Governing law, jurisdiction and complaints
47. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
48. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scot- land or Northern Ireland.
49. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us directly via phone or email. We will aim to respond with an appropriate solution within 7 days