Our Refunds & Returns Policy
11. YOUR LEGAL RIGHT TO CANCEL
Important Note
These terms apply only to purchases made by consumers for personal use. If you are buying on behalf of a business or for commercial purposes, the cancellation rights set out in this section do not apply.
Right to Cancel
11.1 You have a legal right to cancel an order placed with us under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013, within the relevant periods set out in clauses 11.3 and 11.5, unless clauses 11.4 or 11.6 apply.
11.2 This means that during the relevant period, if you change your mind or, for any reason, decide you do not want to proceed with your order, you can notify us of your decision to cancel and receive a full refund. Guidance on your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Right to Cancel – Products
11.3 Your legal right to cancel an order for Products depends on how your contract with us was made.
If you place your order online, over the phone, by email, or via any method where we and you are not physically present at the same time, your order is considered a distance contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. In this case, your right to cancel begins on the day you receive the Products and ends fourteen (14) calendar days after the day you (or someone you nominate) take physical possession of the Products following delivery and/or installation, in accordance with Regulation 30(2) of the Regulations.
If you place your order in person at our showroom, your order is considered an on-premises contract. In this case, you do not have a statutory right to cancel once the order is placed. Any cancellation would be at our discretion and may be subject to fees.
For clarity, if you view the Products at our showroom but place your order later via distance methods (e.g. telephone or email), this will still be considered a distance contract, and your legal cancellation rights will apply.
11.4 The cancellation right under clauses 11.1 and 11.3 does not apply in the following circumstances:
- 11.4.1 If the Products are made-to-measure, custom-made, manufactured to your specification, or clearly personalised.
- 11.4.2 If the Products become inseparably mixed with your property (e.g. through installation, whether by us or by you).
Right to Cancel – Installation Services
11.5 Your legal right to cancel Installation Services begins on the date we send your Order Confirmation Email. The cancellation period ends fourteen (14) calendar days after the date of that email.
11.6 Your right to cancel Installation Services does not apply where you have asked us to begin installation during the cancellation period and the installation is completed within that timeframe. In such cases, you will lose your legal right to cancel once the service has been fully provided.
11.7 If you cancel Installation Services but wish to continue with your order for Products, we will deliver the Products by way of a Kerbside Delivery in accordance with clause 9. You will retain your right to cancel the Products in line with clause 11.3.
How to Cancel
11.8 To cancel your order, you must notify us in writing. The easiest way is by emailing us at sales@h2ohottubs.co.uk. You may also call us on 0333 990 0320, or write to:
H2O Spa Limited
Unit 4G Blenheim Court
Blenheim Industrial Park
Nottingham
NG6 8YP
You can also use the cancellation form included with your delivery note. Your cancellation will be effective from the date you send us your notice. Please retain a copy of your cancellation notice for your records.
Returning Products
11.9 Unless otherwise agreed in writing, you are responsible for returning any Products already delivered. You must return them within fourteen (14) days of notifying us of your cancellation to the following address:
H2O Spa Limited
Unit 4G Blenheim Court
Blenheim Industrial Park
Nottingham
NG6 8YP
If you wish to return any Product (including a hot tub) under your legal cooling-off rights, you are fully responsible for the cost of returning the item to us. This includes the cost of collection if the Product is large or requires specialist transport. Hot tubs must be returned in sellable condition, with no aesthetic or functional damage. Any Product returned must include all original packaging, manuals and accessories.
We recommend using a tracked and insured delivery service. We do not offer collections unless otherwise agreed in writing.
11.10 We are not liable for any third-party costs incurred in connection with the return of Products. This includes, but is not limited to, the removal or dismantling of temporary or permanent structures, third-party crane hire, external lifting services, or any other costs associated with gaining access to the Product for return. This condition applies regardless of whether you are returning the Product under your cooling-off rights or due to a suspected fault.
If a Product is being returned due to a fault, you are still responsible for ensuring the hot tub is moved to a position where our delivery vehicle can reasonably access and collect it, unless otherwise agreed in writing.
11.11 You will receive a refund of the original purchase price of the Product and any standard delivery charge (if applicable). However, you will not be refunded for any Installation Services that were carried out, even if the Product itself is returned. Installation costs are non-refundable once the service has been provided.
11.12 Refunds will be issued using the same payment method used to place the order. We will process your refund within fourteen (14) calendar days of either receiving the returned Products or receiving evidence that they have been returned, whichever comes first.
11.13 We may deduct a reasonable amount from your refund if the Products have been handled in a way that goes beyond what is necessary to establish their nature, characteristics and functioning. If we refund you before inspecting the returned Products and later discover aesthetic or functional damage, you must pay us an appropriate amount.
Faults and Inspections
11.14 If you suspect a fault with your hot tub or any Product supplied by us, we reserve the right to carry out a reasonable assessment to determine the issue. This may involve requesting your assistance in providing clear photographs and/or video footage showing the suspected fault or affected area(s).
11.15 In cases where an in-person inspection is required and no fault is found, a call-out charge will apply. The cost of this call-out will be clearly communicated to you in writing before any visit is arranged.
Faults Reported Within 30 Days of Delivery – Right to Reject
11.16 If you report a confirmed fault within 30 days of delivery, you have the right to reject the Product and request a full refund, under the Consumer Rights Act 2015.
To exercise this right:
- The fault must be confirmed following an assessment.
- We reserve the right to inspect the Product before accepting a return.
- If the fault is verified, we will arrange collection and issue a full refund, including any reasonable return costs.
Faults Reported Within 6 Months – Right to Repair or Replacement
11.17 If a fault develops within the first 6 months after delivery, you are entitled to a repair or replacement, and it is presumed by law that the fault was present at the time of delivery, unless we can prove otherwise.
- You are not required to prove the fault was present at delivery.
- We may carry out an inspection and attempt a repair or replacement within a reasonable timeframe.
- If the repair or replacement is unsuccessful, not offered, or causes significant inconvenience, you may reject the Product and request either a full or partial refund, depending on how long you’ve had the Product and the extent of use.
Faults Reported After 6 Months
11.18 If a fault occurs after 6 months from the date of delivery, you may still be entitled to a repair or replacement, but you must provide evidence (such as an independent expert report or manufacturer statement) to show the fault was present at the time of delivery.
- We will assess the fault and, where appropriate, offer a repair or replacement within a reasonable time.
- If the issue cannot be resolved, or the fault is deemed serious enough to reject the Product, a partial refund may be offered, accounting for usage.
General Conditions for Fault Resolution
11.19 You must allow us a reasonable opportunity to assess and resolve any fault. This includes:
- Reasonable time for inspection, diagnosis and repair or replacement.
- At least one opportunity to repair or replace the Product, unless doing so would cause significant inconvenience to you.
11.20 We will cover all reasonable costs associated with collecting, repairing, or replacing the Product if the fault is confirmed, in accordance with your statutory rights.
11.21 This section does not affect your legal rights under the Consumer Rights Act 2015 or any other applicable legislation.
12. CONSEQUENTIAL LOSS AND BUSINESS USE
12.1 H2O Spa Limited will not be liable for any Consequential Loss. This includes (but is not limited to):
- 12.1.1 Costs incurred in preparing a base, electrical supply, or other infrastructure for the hot tub, or costs related to access route modifications or cranes.
- 12.1.2 Costs of consumables or utilities such as water and electricity.
- 12.1.3 Any loss or delay of production, construction, profit, use, revenue, business opportunity, salary, goodwill or anticipated profit, whether direct or indirect, and whether foreseeable or not.
12.2 Unless we have explicitly agreed otherwise in writing, all Products are sold for domestic and private use only. If you use the Products for any commercial, business or resale purpose, we accept no liability for any loss of profit, business interruption or other business-related losses.