TERMS AND CONDITIONS
This page (together with the documents referred to on it)
tells you the terms and conditions on which we supply any of the products (Products) listed on our websites at
www.SpaWorldUK.co.uk , www.SpaWorldOnline.co.uk , www.SpaWorldShop.co.uk , and www.MonarchSpas.co.uk (our site) to you. Please read these terms and
conditions carefully before ordering any Products from our site. 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
future reference.
Please click on the button marked "I Accept" at the end of
these terms and conditions if you accept them. Please understand that if you refuse to
accept these terms and conditions, you will not be able to order any Products from our
site.
1.
Information
About Us
Our site is operated by SPA WORLD LIMITED (T/A MONARCH SPAS
and SPA WORLD) (we). We are registered in England and Wales
under company number 06554797 and with our registered office at Unit B, The IO Centre, Salbrook
Road, Salfords, Redhill, Surrey, RH1 5DY. Our VAT number is 942 7264
13.
2.
Service
Availability
Our site is only intended for use by people resident in
mainland England and Wales (the Serviced Countries). We do not accept orders from
individuals outside those countries other than where expressly agreed by us. Some
surcharges and restrictions are placed on the extent to which we accept orders from specific
countries outside of the Serviced Countries (such as orders from Scotland and the Channel
Islands/Isle of Man). These may include delivery surcharges, or limitations on
warranty performance.
3.
Your
Status
By placing an order through our site, you warrant
that:
(a)
You are legally
capable of entering into binding contracts; [and]
(b)
You are at least
18 years old;
(c)
You are resident
in one of the Serviced Countries; and
(d)
You are accessing
our site from that country.
4.
How
the Contract is Formed Between You and Us
4.1
After
placing an order, you will receive an e-mail from us acknowledging that we have received your
order. Please note that this 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 we will confirm such acceptance to you by sending you an e-mail that confirms
that the Product has been dispatched (the Dispatch Confirmation). The contract between us
(Contract) will only be
formed when we send you the Dispatch Confirmation.
4.2
The Contract
will relate only to those Products whose dispatch we have confirmed in the Dispatch
Confirmation. We will not be obliged to supply any other Products which may have been part
of your order until the dispatch of such Products has been confirmed in a separate Dispatch
Confirmation.
5.
Our
Status
We may also provide links on our site to the websites of
other companies, whether affiliated with us or not. We cannot give any undertaking, that
products you purchase from third party sellers through our site, or from companies to whose website
we have provided a link on our site, will be of satisfactory quality, and any such warranties are
DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights
against the third party seller. We will notify you when a third party is involved in
a transaction, and we may disclose your customer information related to that transaction to the
third party seller.
6.
Consumer
Rights
6.1
If you are
contracting as a consumer, you may cancel a Contract at any time within seven working days,
beginning on the day after you received the Products. 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 clause
10).
6.2
To cancel a
Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in
the same condition in which you received them, and at your own cost and risk. You have a
legal obligation to take reasonable care of the Products while they are in your possession. If you
fail to comply with this obligation, we may have a right of action against you for
compensation.
6.3
You will not
have any right to cancel a Contract for the supply of any consumable Products and any others
specified as exempt under The Consumer Protection (Distance Selling) Regulations
2000 .
6.4
Details of
this statutory right, and an explanation of how to exercise it, are provided in the Dispatch
Confirmation. This provision does not affect your statutory rights.
7.
Availability
and Delivery
Your order will be fulfilled by the delivery date set out in
the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of
the date of the Dispatch Confirmation, unless there are exceptional circumstances.
Purchases of small items such as
chemicals and accessories are normally delivered within 3 working days or 14 days maximum, by
courier.
Purchases for larger items (hot tubs,
spas, swim spas, saunas, massage chairs etc) require the purchaser to be at home to receive the
goods. These goods are delivered by our own staff and often require a registered electrician to be
on-site at the time of delivery, in order to ensure that the item is safely connected and set-up.
Unless otherwise stated, these items are normally available for delivery within a 14 day time scale
that is convenient for both parties. We advise that you contact us when you purchase in order to
confirm a suitable date and time for delivery that is convenient for you, your electrician and
us.
8.
Risk
and Title
8.1
The Products
will be at your risk from the time of delivery.
8.2
Ownership of
the Products will only pass to you when we receive full payment of all sums due in respect of the
Products, including delivery charges.
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 but exclude delivery costs, which will be added to the total amount due.
9.3
Prices are
liable to change at any time, but changes will not affect orders in respect of which we have
already sent you a Dispatch Confirmation.
9.4
Our site
contains a large number of Products 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 unmistakeable 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. We will not charge your credit or debit card
until we despatch your order.
10.
Our
Refunds Policy
10.1
When you return
a Product to us:
(a)
because you have
cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above),
we will process the refund due to you as soon as possible and, in any case, within 30 days of the
day you have given notice of your cancellation. In this case, we will refund the price of the
Product 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.
(b)
for any other
reason (for instance, because you 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. We will usually process the refund
due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via
e-mail that you were entitled to a refund for the defective Product. Products returned by you
because of a defect will be refunded in full, including a refund of the delivery charges for
sending the item to you and the cost incurred by you in returning the item to us.
10.2
We will usually
refund any money received from you using the same method originally used by you to pay for your
purchase.
11.
Our
Liability
11.1
We warrant to
you that any Product purchased from us through our site is of satisfactory quality and reasonably
fit for all the purposes for which products of the kind are commonly supplied.
11.2
Our liability
for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase
price of the Product you purchased.
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 are not
responsible for indirect losses which happen as a side effect of the main loss or damage, including
but not limited to:
(a)
loss of income
or revenue
(b)
loss of
business
(c)
loss of profits
or contracts
(d)
loss of
anticipated savings
(e)
loss of
data
(f)
loss of data,
or
(g)
waste of
management or office time
however arising and whether caused by tort (including
negligence), breach of contract or otherwise.
11.5
Where you buy
any Product from a third party seller through our site, the seller's individual liability will be
set out in the seller's terms and conditions.
12.
Import
Duty
12.1
If you order
Products from our site for delivery outside the UK, they may be subject to import duties and taxes
which are levied when the delivery reaches the specified destination. You will be
responsible for payment of any such import duties and taxes. Please note that we have
no control over these charges and cannot predict their amount. Please contact your
local customs office for further information before placing your order.
12.2
Please also note
that you must comply with all applicable laws and regulations of the country for which the products
are destined. We will not be liable for any breach by you of any such laws.
13.
Written
Communications
Applicable laws require that some of the information or
communications we send to you should be in writing. When using our site, you accept that
communication with us will be mainly electronic. We will contact you by e-mail or
provide you with information by posting notices on our website. 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.
14.
Notices
All notices given by you to us must be given to SPA WORLD
INTERNATIONAL LIMITED at [info@MonarchSpas.co.uk]. 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
clause 13 above. 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.
15.
Transfer
of Rights and Obligations
15.1
The contract
between you and us is binding on you and us and on our respective successors and assigns.
15.2
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.
15.3
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.
16.
Events
Outside Our Control
16.1
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).
16.2
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.
16.3
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.
17.
Waiver
17.1
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.
17.2
A waiver by us
of any default shall not constitute a waiver of any subsequent default.
17.3
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 clause 14
above.
18.
Severability
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.
19.
Entire
Agreement
19.1
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.
19.2
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.
20.
Our
Right to Vary These Terms and Conditions
20.1
We have the
right to revise and amend 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
relevant laws and regulatory requirements and changes in our system's capabilities.
20.2
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 the
Dispatch Confirmation (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 Products).
21.
Intellectual
Property
Rights
21.1
We are the owner
or the licensee of all intellectual property rights in our site, and in the material published on
it. Those works are protected by copyright laws and treaties around the
world. All such rights are reserved.
21.2
You may print
off one copy, and may download extracts, of any page(s) from our site for your personal reference
and you may draw the attention of others within your organisation to material posted on our
site.
21.3
You must not
modify the paper or digital copies of any materials you have printed off or downloaded in any way,
and you must not use any illustrations, photographs, video or audio sequences or any graphics
separately from any accompanying text.
21.4
Our status (and
that of any identified contributors) as the authors of material on our site must always be
acknowledged.
21.5
You must not use
any part of the materials on our site for commercial purposes without obtaining a licence to do so
from us or our licensors.
21.6
If you print
off, copy or download any part of our site in breach of these terms of use, your right to use our
site will cease immediately and you must, at our option, return or destroy any copies of the
materials you have made.
22.
Reliance
on
Information Posted
22.1
Commentary and
other materials posted on our site are not intended to amount to advice on which reliance should be
placed. We therefore disclaim all liability and responsibility arising from any
reliance placed on such materials by any visitor to our site, or by anyone who may be informed of
any of its contents.
23.
Law
and Jurisdiction
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 non-exclusive jurisdiction of the courts of England and Wales.