Welcome to the Online Spas Ltd terms and conditions for use. These Terms and Conditions apply to the use of this website at www.onlinespas.co.uk and related services. By accessing the website www.onlinespas. co.uk and/or placing an order, you agree to be bound by these terms and conditions.

Using this website indicates that you accept these terms regardless of whether you choose to register with us or order from us.

Online Spas Ltd is registered in England and Wales under company number 12006058, VAT registration number 324 7118 19 and our registered office is Southgate Business Centre, 32 Gillygate, Pontefract, West Yorkshire WF8 1PQ.

  1. INTRODUCTION
  2. You will be able to access most areas of this website without registering your details with us. Certain areas of this website are only open to you if you register.
  3. We may revise these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force when you order products from us, unless any change to them is required by law or governmental authority (in which case it will apply to orders previously placed by you), or we notify you of the change to them before we send you the order confirmation (in which case we have the right to assume that you have accepted the changes, unless you notify us in writing within seven working days of receipt by you of the Products. These terms and conditions were last updated on 15 February 2022.
  4. If you have any concerns about material on our site, please contact us by email at info@onlinespas.co.uk.
  5. ORDERING FROM US
  6. You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement with an order number, detailing the products you have ordered. It will help us if you tell us the order number whenever you contact us about your order.
  1. Our acceptance of an order takes place when we dispatch the order or send you confirmation by email. When we dispatch the order or send you confirmation by email the purchase contract will be made and you will be charged, unless we have notified you that we do not accept your order, or you have cancelled your order.
  1. We may refuse in our discretion to accept an order:
  • where we cannot obtain authorisation for your payment;
  • if there has been a pricing or product description error; or
  • if you do not meet any eligibility criteria set out in our terms and conditions.
  • services or information ordered by you are not available;
  • where goods, services or information ordered by you are not available;
  • if we do not deliver to your area;
  • Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment, loss of earnings, subcontractors’ time, property damage or delays and damages caused by external couriers.
  1. PRICING & PAYMENT
  2. All prices include VAT (where applicable) at the prevailing rate. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
  3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
  4. Our website contains a large number of configurable product options and it is possible, despite our best efforts, some of the products listed may be incorrectly priced. We will normally verify prices at the time of the order confirmation so that where a product’s correct price is less than our stated price, we will charge the lower amount. If the product’s correct price is higher than the price stated, we will normally, at our discretion, either contact you for instruction before dispatching the product, or reject your order and notify you of such rejection.
  5. Unless you successfully apply for our credit options, payment for all products may be made by credit or debit card providing the card used is registered to the delivery address. Once payment has been received the delivery address cannot be changed. Cash and over the phone payment will not be accepted when using 3rd party couriers.
  6. The individual who has been accepted for finance must be present on the day of delivery to sign for the goods.
  7. Ownership of the products will pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
  8. Time for payment shall be of the essence of the contract, and is due either before or on the date of delivery.
  9. DELIVERY
  10. We will deliver goods ordered by you as soon as possible to the address you give us for delivery.
  11. If the goods we deliver are not what you ordered or are damaged or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within 5 working days of the delivery of the goods in question
  12. You are required to take delivery on the date agreed between us and will have an estimated delivery time slot between 9am and 5pm. If you subsequently cancel the delivery or are unavailable to accept delivery when we arrive within the agreed time slot, we reserve the right to charge you for the cost of the return delivery (£500) in addition to any delivery charge already paid.
  13. Time of delivery is not of essence in these terms and conditions. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through delay.

5.The use of any crane, helicopter, forklift or HiAb for delivery are not included unless explicitly stated otherwise. Road closures for cranes are not included and are payable by the customer.

  1. Suitable unobstructed access to bring the product in is assumed and is the responsibility of the customer. If the company is unable to deliver due to obstructions outside the company’s control then further charges will apply (£500).
  2. Our delivery service and warranties are only available to properties located on mainland UK.
  3. PRODUCT LIABILITY
  4. If you notify a problem to us under this condition, our only obligation will be, at your option:
  • to make good any shortage or non-delivery
  • to replace or repair any goods that are damaged or defective; or
  • to refund to you the amount paid by you for the goods in question in whatever way we choose.
  1. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 5.3(c) above.
  2. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We will not be liable for consequential losses where you have not kept those costs to a minimum. You should contact us in advance before incurring any such costs.
  3. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
  4. GUARANTEES
  5. The provisions of this clause apply in addition to your legal consumer rights in relation to faulty or misdescribed goods, which are not affected by the guarantees set out in this clause. For the purpose of this clause the guarantor is Online Spas Ltd.
  6. Please refer to our warranty section or the warranty section found in your purchase document pack for the terms of what warranty are offered.
  7. Our guarantees are limited to goods sold and retained in mainland United Kingdom and used solely in private residences and not in commercial or rental properties. Unless you have specifically purchased a ‘Holiday Let Spa’ and have received a bespoke guarantee.
  8. These guarantees do not cover fair wear and tear, neglect, abuse or misuse of your products, loss or damage, including rust and corrosion, due to unreasonable exposure to water, heat or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, damage by animals generally or theft, or accidental damage or loss caused by a third party.
  9. We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out if defective, damaged or wrongly delivered goods, over and above the value of the actual goods themselves supplied by us. This does not affect your statutory rights. No compensation will be given in addition.

6.The guarantee is reliant on the correct maintenance of the hot tub, including having an annual service carried out Online Spas trained technicians.

 

  1. CANCELLATION OF CONTRACTS FOR GOODS AND RETURNS POLICY – FOR CONSUMERS ONLY
  2. This section applies to consumers only (and not to businesses or other organisations) who order goods
  3. If you wish to cancel your order:
  • you must notify us by email to info@onlinespas.co.uk before we have dispatched the goods to you; Please be advised that cancellation, will result in loss of deposit unless it is made within 14 days of placing the order.
  1. You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you, the cost of returning spas will be £500 plus any machinery costs.
  2. Upon receipt of the goods we will give you a full refund of the amount paid, or an exchange credit as required, less (if for any reason the these costs have not been paid by you) the costs of delivery to us.
  3. The rights to return the goods to us as referred to in clause 6.3 will not apply in the following circumstances: –
  • *in the event that the product has been used
  • *to any products that we have made or customised specifically for you
  • *the product is not in the same state in which it has been delivered to you in that they must be in perfect resaleable condition and undamaged and unused in any way
  • The provisions of this clause do not affect your statutory rights.
  1. LICENCE
  2. You are permitted to print and download extracts from this Website for your own private use on the following basis:
  • no documents or related graphics on this Website are modified in any way;
  • no graphics on this Website are used separately from accompanying text; and
  • any of our copyright and trade mark notices and this permission notice appear in all copies.
  1. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of such material other than in accordance with this clause for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use such material automatically terminates and you must immediately destroy any such material
  2. Subject to this clause, no part of such materials may be reproduced, displayed, modified, sold or stored without our prior written permission.
  3. Any rights not expressly granted in these terms are reserved.
  4. SERVICE ACCESS
  5. While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
  6. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
  7. VISITOR MATERIAL AND CONDUCT
  8. Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for all commercial or non-commercial purposes.
  9. You are prohibited from posting or transmitting to or from this Website any material:
  • that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; (b) for which you have not obtained all necessary licenses and/or
  • which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
  • which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
  1. You may not misuse the Website (including, without limitation, by hacking, impersonating any person or entity or falsely misrepresent your affiliation with a person or entity, ‘stalk’ or harass another or collect or store personal data about other users).
  2. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these terms and conditions.
  3. It is your responsibility to determine that your input into our site, including use of any chat room areas of our site, including your choice of your user name, conforms to the above conditions.
  4. If you notice any content which breaches these conditions, please notify us by email to info@onlinespas.co.uk.
  5. You may not post to any social media site any information or comment which may be considered defamatory to the company or its directors or employees.
  6. LINKS TO AND FROM OTHER WEBSITES
  7. Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all these third-party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.
  8. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
  • you do not remove, distort or otherwise alter the size or appearance of the Online Spas logo;
  • you do not create a frame or any other browser or border environment around this Website;
  • you do not in any way imply that we are endorsing any products or services other than our own;
  • you do not misrepresent your relationship with us nor present any other false information about us;
  • you do not otherwise use any Online Spas trademarks displayed on this Website without our express written permission;
  • you do not link from a website that is not owned by you; and
  • your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right to link to this Website for breach of these terms and to take any action we deem appropriate.

  1. DISCLAIMER

While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

 

The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

  1. LIABILITY

Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website or service for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of.

In no event (including our own negligence) will we be liable for any:

  • (a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
  • b) loss of goodwill or reputation;
  • (c) special, indirect or consequential losses; or
  • (d) damage to or loss of data (even if we have been advised of the possibility of such losses).

Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

 

You agree, on behalf of yourself and your business entity or organization, jointly and severally to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website or our services, or the use by any other person using your registration details.

  1. GOVERNING LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.

 

We do not warrant that materials, services or information for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

 

Online Spas Ltd is a company registered in England and Wales No. 12006058. Online Spas Ltd is authorised and regulated by the Financial Conduct Authority FRN 931262. We are a credit broker and offer credit products from a panel of lenders. Loan subject to status. VAT No. 324711819