Terms & Conditions of Sale

These Terms and Conditions of Sale set out important information and conditions regarding your orders and purchases of products (the "Products") and Product installation services (the "Installation Services") from us.

In these Terms and Conditions of Sale, "us", "we" and "our" means H2O Spa Limited.

1. TERMS AND CONDITIONS OF SALE

1.1 These Terms and Conditions of Sale, together with our Website User Terms and Conditions and Privacy Policy, apply to any contract between you and us for the sale of Products and/or Installation Services ("Contract").

1.2 Please read these Terms and Conditions of Sale carefully before placing an order. In particular, your attention is drawn to the clauses concerning our liability to you (clause 11), your legal right to cancel (clause 13), and other important terms (clause 14).

1.3 By placing an order for Products and/or Installation Services, you confirm that you have read and accepted these Terms and Conditions of Sale and that you agree to be bound by them. If you do not accept them, you should not place an order.

1.4 We may update these Terms and Conditions of Sale from time to time, for example to reflect changes in the law, our ordering process, or the Products and services we offer. Any changes will be published on our Website and will not affect any order we have already accepted.

1.5 A copy of these Terms and Conditions of Sale will be provided to you by email after the Contract has been concluded.

1.6 These Terms and Conditions of Sale, and any Contract between you and us, are available only in the English language.

2. INFORMATION ABOUT US

2.1 We operate the Website. We are H2O Spa Limited of Unit 4G Blenheim Court, Blenheim Industrial Park, Nottingham, NG6 8YP (company number 09508669). Our VAT number is GB 214058832.

2.2 To contact us, please use the details above, call us on 0333 990 0320 or email us at sales@h2ohottubs.co.uk.

3. OUR PRODUCTS

3.1 Details about the range of Products we offer are set out on the Website. The Website also includes full specifications for each of our Products, accurate at the time of publishing.

3.2 The images of the Products on our Website are for illustrative purposes only. Specifications and placement of jets and other features on our hot tubs may vary from time to time, but we make every effort to ensure images are up to date where reasonably possible.

3.3 Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.

3.4 All Products shown on our Website are subject to availability. We do not always stock all of our Products ready for shipping, and many Products are made to order. Before you place your order, you will be informed whether your selected Product is in stock, or whether it will be made to order. Please see clause 7 for further information about how the Contract between us will be concluded.

3.5 All Product images are for illustration purposes only. Due to the nature of acrylic sheeting, hot tub shell patterns are unique to each model and may differ from the photos used on the Website. We make no guarantees of any particular pattern.

4. OUR DELIVERY & POSITIONING AND INSTALLATION SERVICES

4.1 When forming part of your order, we will supply Delivery & Positioning services to you at the same time that we deliver your Products ("Delivery & Positioning"). Delivery & Positioning may form part of your order at no additional cost, or you may choose to pay for Delivery & Positioning to be provided in relation to Products you are buying.

4.2 When forming part of your order, we will supply the Installation Services to you at the same time that we deliver your Products ("Delivery & Installation"). Installation Services may form part of your order at no additional cost, or you may choose to pay for Installation Services to be provided in relation to Products you are buying.

4.3 Please note that as part of the Installation Services offered by us, we do not provide any crane services which you may require. Crane services may be required if you intend to install our Products in locations which are not readily accessible. In the event that you contract separately with a third party supplier to provide crane services ("Third Party Crane Services"), such arrangements will not form part of your Contract with us, and will be the entire responsibility of the third party supplier. Please see additional terms relating to Third Party Crane Services in clause 10.

4.4 Please note that the Installation Services do not include ensuring that an adequate power supply is available at your property. Instead, you will need to have an adequate power supply installed, prior to delivery, by a trained electrician. If we cannot complete the installation due to the lack of suitable electrical supply being available, you will not receive a refund for any Installation Services that may have been paid for. If we need to re-attend to complete the installation, a charge will be applied.

4.5 To enable us to provide the Installation Services to you, we will need to obtain certain information from you, for example access photographs, measurements and access route videos. Full details of this information will be included in the Order Information Email referred to in clause 7. When confirming your order, you will be asked to provide this information and also confirm certain facts about your property, including access. If any of this information proves to be incorrect, and as a result we incur additional costs, we will be entitled to charge you a reasonable sum to cover these extra costs or, where the error or omission is particularly significant, we may suspend the Installation Services. In such instances, we will discuss with you how this information may impact the charges.

4.6 We may have to suspend the Installation Services if we have to deal with any unexpected technical problems that arise when we are at your property ready to install your Products. In such instances, and where the technical problem is not caused by us, you may be responsible for paying an additional charge reflecting the extra costs we incur to perform the Installation Services for you.

5. PRICE OF PRODUCTS, SERVICES AND DELIVERY CHARGES

5.1 The prices of the Products, Delivery & Positioning and Installation Services will be as quoted in your Order Information Email and confirmed in your Order Confirmation Email. We take all reasonable care to ensure that the prices of Products, Delivery & Positioning and Installation Services are correct at the time when the information is sent to you. We will contact you before we accept your order if we discover an error in the price of any Products and/or Delivery & Positioning or Installation Services you have ordered.

5.2 Prices for our Products and/or Delivery & Positioning or Installation Services may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation Email.

5.3 For some Products, Delivery & Positioning or Installation Services may be provided at no additional cost to you. However, some Products do not include Delivery & Positioning or Installation Services, and an additional charge will apply if you elect to order either of those services as part of your order.

5.4 The price of a Product and/or Delivery & Positioning or Installation Services includes VAT, where applicable, at the applicable current rate chargeable in the UK for the time being.

5.5 Delivery and/or collection charges may also be payable on your order and these will be confirmed in your Order Information Email and, where applicable, your Order Confirmation Email.

6. HOW TO MAKE PAYMENT FOR YOUR ORDER

6.1 Payment for all Products and/or Installation Services must be made by contacting us on 0333 990 0320 or via our Website.

6.2 A deposit may be required in relation to your order. You can pay this via our Website or by calling 0333 990 0320. Deposits are refundable within 14 days of order. Special orders such as swim spas and bespoke shell or cabinet colours will require a larger deposit that will only be refundable within 14 days of ordering.

6.3 Payment for all Products and/or Delivery & Positioning or Installation Services must be made in full within 7 days of delivery, unless otherwise agreed by us in writing.

6.4 We accept the following forms of payment: bank transfer, debit card, credit card and finance.

6.5 We may withhold the Products and/or cancel the Contract between us if payment is not received from you in full in cleared funds.

7. HOW TO PLACE AN ORDER WITH US

7.1 Our order process is as follows:

7.1.1 You are required to contact us on 0333 990 0320 or by email at sales@h2ohottubs.co.uk in order to confirm the details of the Product(s) you are interested in ordering from us. Alternatively, you can place your order via our Website.

7.1.2 Following our initial correspondence, as outlined in clause 7.1.1, we will email you the details of your proposed order (your "Order Information Email"), which will detail relevant information in relation to the Product(s) you have expressed an interest in ordering, including any Installation Services and/or delivery options you may also wish to choose. In addition, the Order Information Email will include instructions that must be read and adhered to, relating to our ability to deliver and install the Product(s) at your chosen property.

7.1.3 If, on receipt of your Order Information Email, you would like to amend any details relating to your order, you are required to contact us on 0333 990 0320 or at sales@h2ohottubs.co.uk to agree amendments to your order, in which case we will issue you with a revised Order Information Email.

7.1.4 If, on receipt of your Order Information Email, you would like to proceed with your order, you are required to respond to the Order Information Email confirming that you understand and will adhere to the access requirements, and providing us with any additional information that we may require to be able to complete the installation, if chosen, successfully, without hindrance or obstacle.

7.1.5 In addition to responding to your Order Information Email to confirm your decision to proceed with your order, you may also be required to contact us on 0333 990 0320 to arrange payment of any relevant deposit, as detailed in the Order Information Email. If you have chosen one of our consumer finance packages, you will be required to complete the application process and be given approval status before confirming the order.

7.1.6 On receipt of your confirmation that you wish to proceed with your order in response to the Order Information Email, and, if relevant, on payment of any deposit that is payable, we will send you a confirmation email acknowledging receipt. However, the processing of your payment and your receipt of our acknowledgement email do not constitute acceptance of your order and do not mean a binding Contract has been formed.

7.1.7 The Contract between you and us is not formed until we have acknowledged acceptance of your order and have provided you with an order confirmation email (the "Order Confirmation Email"). This means that we will not be obliged to supply the Product(s) and/or Installation Services until that time. Any payment taken will be refunded to you if your order is later refused or rejected by us for any reason.

7.2 We will do our best to ensure that all Products shown on the Website are available to order. However, if any Products that you have ordered are no longer available, we will not accept your order and a Contract will not be formed. Instead, we will attempt to contact you and advise substitute products of a similar nature and quality. If you have already paid for the Products, we will refund you the full amount as soon as possible.

7.3 If at any point there are any problems with your order, please contact us on 0333 990 0320, by email at sales@h2ohottubs.co.uk or by writing to us at H2O Spa Limited, Unit 4G Blenheim Court, Blenheim Industrial Park, Nottingham, NG6 8YP.

8. HOW WE USE YOUR PERSONAL INFORMATION

8.1 We only use your personal information in accordance with our Website Privacy Policy. Please take the time to read it, as it includes important terms which apply to you.

9. YOUR LEGAL RIGHTS

9.1 As a consumer, you will always have legal rights, including statutory remedies, in relation to Products that are faulty or not as described. Similarly, as a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described.

9.2 Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

9.3 Nothing in these Terms and Conditions of Sale will affect these legal rights.

9.4 Your legal right to cancel is explained in clause 13.

9.5 If you wish to return the Products to us because they are faulty or mis-described, please contact us on 0333 990 0320. In addition to a refund in full for the price of a defective Product, we will refund you, using the same method of payment you used, as soon as possible, together with any applicable delivery charges. We will collect or arrange collection for any faulty Product at no charge to you. However, where a crane or other lifting equipment, or other third party services such as additional manpower, has been arranged by you to assist with delivery, the cost of those services is entirely your responsibility. If the Product later needs the same service to remove it from the property, the cost of that third party service will again be entirely your responsibility, and we will not be liable for any part of those costs.

9.6 We may make a deduction from the reimbursement for loss in value of any Products supplied if the loss is the result of any unnecessary handling by you.

9.7 In addition to these rights, we also offer an enhanced manufacturer's guarantee for certain Products. Details of these additional rights are available on the Website and will be provided with the Product manual on delivery. These additional manufacturer's guarantees do not affect your legal rights in relation to Products that are faulty or not as described.

10. DELIVERY, COLLECTION, RISK AND OWNERSHIP

10.1 When placing an order with us, in accordance with the process outlined in clause 7, you may confirm that you would like us to deliver the Product(s) to your chosen location.

10.2 You may alternatively choose, when ordering Product(s) from us, to arrange, at your own cost, to collect Product(s) you have ordered from our warehouse (a "Collection"). Further details about warehouse collections are available by contacting us on 0333 990 0320.

10.3 Collection charges may also be payable on your order and these will be confirmed in your Order Information Email and, where applicable, your Order Confirmation Email.

Terms applicable to all deliveries

10.4 Unless agreed otherwise, we do not deliver to any addresses outside mainland UK, and there may be some locations within the UK that we are unable to deliver to. In the event that we are unable to deliver to the address confirmed in your order, we will not be able to process and/or accept your order, and no Contract will therefore be formed between us.

10.5 We aim to dispatch and deliver Products as soon as possible. A delivery estimate will be confirmed in the Order Information Email and Order Confirmation Email. You will be entitled to cancel your order and receive a full refund if you have not received your Products within 30 days of the estimated delivery time specified in the Order Confirmation Email.

10.6 When we are ready to dispatch the Products to you, we will contact you by telephone and/or email to communicate a delivery date to you. Your order will be delivered on the delivery date confirmed, unless there is an Event Outside Our Control, as described in clause 12. If we are unable to fulfil the delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

10.7 Please ensure that you enter a complete and accurate delivery address when placing your order. We cannot be held responsible for any orders that are delayed due to inaccurate or incomplete delivery address information. Deliveries of hot tubs and swim spas can only be made directly to the cardholder's or finance applicant's address unless special permission is granted by H2O Spa Limited following submission of supporting documentation and identification.

10.8 It is your responsibility to ensure that you have safe and adequate access for our delivery vehicle to park safely at your property, whether we are only delivering the Products or installing them for you. Information as to the minimum access requirements will be confirmed in your Order Information Email and/or Order Confirmation Email and you will be responsible for ensuring that our vehicle will be able to reach you in order to unload the Products. If a parking permit or other parking authorisation is required for delivery, for example in Central London, it is your responsibility to arrange this in advance. If you do not arrange any required parking permit or authorisation, we reserve the right to recharge you for any costs incurred by us in obtaining it.

10.9 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case you must contact us to rearrange delivery. A re-delivery charge will be payable in such instances.

10.10 If you wish to cancel or reschedule your delivery, you must give us at least 7 days' notice.

10.11 If you cancel or reschedule your delivery with less than 7 days' notice, a re-delivery charge will apply because deliveries are paired together for reasons of operational efficiency. The re-delivery charge is £299 for England and Wales, excluding Devon and Cornwall. For customers in Devon, Cornwall and Scotland, the re-delivery charge is £449.

10.12 Where the delivery includes an overnight hotel stay or ferry crossing, any cancellation or rescheduling will also incur any non-refundable costs we incur as a result of re-booking.

10.13 You own the Products once we have received payment in full, including all applicable delivery charges, and they have been delivered and/or installed.

Kerbside deliveries only

10.14 Kerbside deliveries will take place where only Product(s) are ordered, and Installation Services do not form part of the order ("Kerbside Deliveries").

10.15 Kerbside Deliveries will be delivered to the delivery address confirmed when placing your order and will normally be performed by one delivery driver.

10.16 For all Kerbside Deliveries, the Product(s) you have ordered will be placed in what is, in our driver's sole view, the safest and most accessible location on your premises.

10.17 Our drivers will be responsible for unloading the Product(s) from our delivery vehicle, but you will be responsible for making arrangements to have the Product(s) moved to your required location if this is not where our driver is able to unload them. For example, where our driver is unable to access your property and therefore needs to unload the Product(s) outside your property, you will need to arrange for the Product(s) to be moved to the required location.

10.18 Kerbside Delivery will be completed when we unload the Product(s) to the address you gave us.

10.19 The risk of any loss or damage to the Product(s) will be your responsibility from the completion of Kerbside Delivery.

Delivery & Positioning only

10.20 Where, as part of your order, Delivery & Positioning is to be provided, whether because you have ordered Delivery & Positioning as an additional service in relation to your purchase of the Products or because Delivery & Positioning is included as part of your order at no additional cost, the Product(s) will be delivered and positioned at the delivery address confirmed when placing your order.

10.21 For Delivery & Positioning, the Product(s) ordered will be positioned by our members of staff at the location requested by you, to the extent that Third Party Crane Services have not been arranged, provided all information about your property is accurate. You will be responsible for any additional costs we incur if you have not provided accurate information in this regard.

10.22 It is your responsibility to ensure that any location you request the Product(s) to be positioned is readily accessible.

10.23 We will not remove all packaging from the Product(s) for you. Delivery & Positioning does not include connecting the hot tub to your electricity supply, filling the hot tub with water, commissioning or testing the hot tub, or providing detailed advice, training or chemical instruction.

10.24 Any issues that occur from you opting for a Delivery & Positioning service, for example airlocks or loose pipework unions, are your responsibility and are not considered to be faults. Rectifying such issues will result in a call-out charge for an engineer, which varies depending on location.

10.25 In the event that you have failed to ensure access to your premises, we will be required to rearrange completion of the Delivery & Positioning service. A re-delivery charge will be payable in such instances.

10.26 Delivery & Positioning will be completed when we deliver and position the Product(s) to the address you gave us.

10.27 The risk of any loss or damage to the Product(s) will be your responsibility from the completion of Delivery & Positioning.

Installation deliveries only

10.28 Where, as part of your order, Installation Services are to be provided, whether because you have ordered Installation Services as an additional service in relation to your purchase of the Products or because Installation Services are included as part of your order at no additional cost, the Product(s) will be delivered and installed at the delivery address confirmed when placing your order.

10.29 For Installation Deliveries, the Product(s) ordered will be installed by our members of staff at the location requested by you, to the extent that Third Party Crane Services have not been arranged, provided all information about your property is accurate. You will be responsible for any additional costs we incur if you have not provided accurate information in this regard.

10.30 It is your responsibility to ensure that any location you request the Product(s) to be installed is readily accessible.

10.31 We will remove all packaging from the Product(s) and install the Product(s) for you. Please note that you will need to have an adequate power supply installed prior to delivery by a trained electrician, as this does not form part of the Installation Services. The required amps needed for each Product will be confirmed in the Order Information Email.

10.32 In the event that you have failed to ensure that an adequate power supply has been installed prior to delivery by a trained electrician, and we are therefore unable to complete the Installation Services, we will be required to rearrange completion of the Installation Services, to such time as an adequate power supply has been installed. A re-delivery charge will be payable in such instances.

10.33 Installation Deliveries will be completed when we deliver and install the Product(s) to the address you gave us.

10.34 The risk of any loss or damage to the Product(s) will be your responsibility from the completion of the Installation Services.

Third Party Crane Services

10.35 In circumstances where you contract with third party suppliers to provide Third Party Crane Services, it is your responsibility to ensure that the Third Party Crane Services are available at the time at which we have arranged to deliver your Product(s), as confirmed in your Order Confirmation Email.

10.36 For deliveries where you have confirmed that Third Party Crane Services will be provided, we schedule, unless agreed otherwise, a 4 hour window for delivery and installation.

10.37 In the event that we are unable to deliver the Product(s) and/or complete the Delivery & Positioning or Installation Services due to the fault of you and/or your third party supplier providing Third Party Crane Services within the delivery window confirmed above, we will be required either to:

10.37.1 rearrange delivery and installation, in which case a re-delivery and installation charge will be payable; or

10.37.2 charge £50 for every additional hour our members of staff are required to attend your property.

11. OUR LIABILITY TO YOU

11.1 If we fail to comply with these Terms and Conditions of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions of Sale or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

11.2 If we are providing Delivery & Positioning and/or Installation Services to you, we will make good any damage to your property caused by us in the course of installation or performance. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation and/or performance by us. Similarly, we are not responsible for any damage to your property caused by any third party suppliers providing services to you which relate to the Product(s), including, but not limited to, suppliers of Third Party Crane Services and/or electricians.

11.3 We only supply the Products, Delivery & Positioning and Installation Services for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

11.4 We do not in any way exclude or limit our liability for:

11.4.1 death or personal injury caused by our negligence;

11.4.2 fraud or fraudulent misrepresentation;

11.4.3 any breach of your statutory rights in relation to the Products and/or Delivery & Positioning or Installation Services, including your rights under the Consumer Rights Act 2015;

11.4.4 defective products under the Consumer Protection Act 1987; and

11.4.5 any other matter for which liability cannot lawfully be limited or excluded.

11.5 Some of the Products we sell to you come with an additional manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the relevant manufacturer's terms and conditions provided with the Product and/or on our Website. These apply in addition to your legal rights as described in clause 9.

11.6 It is essential that you comply with all instructions and guidance provided to you in connection with your use of the Products. If you have any doubts as to the suitability of the Products for your intended purposes, you should seek expert advice and, where appropriate, engage suitably qualified persons to deal with the Products.

11.7 We will not be liable to you for any losses or damage you suffer, including any damage to the Product(s), as a result of your failure to comply with the instructions and guidance provided to you in connection with your use of the Product(s).

11.8 Where you discover any problems with the Product(s), please call us as soon as possible after discovering them. We will work with you to determine the nature of the problem and to ascertain whether or not the problem was as a result of:

11.8.1 a fault existing at the time of delivery; or

11.8.2 any actions or lack of actions on your part in using or dealing with the Product(s) in the correct way.

11.9 H2O Spa Limited will not be held liable for any Consequential Loss. "Consequential Loss" refers to:

11.9.1 the costs of preparing a tub base, electrical supply or any structure to house the hot tub, or the cost of modification of the access route, cranes and similar site or access arrangements;

11.9.2 the cost of any consumables or utilities, including water and electricity; and

11.9.3 loss and/or deferral of production or construction, loss of profit, loss of use, loss of revenue, loss of business opportunity, loss of salary, business interruption losses, loss of goodwill, profit or anticipated profit, whether direct or indirect.

12. EVENTS OUTSIDE OUR CONTROL

12.1 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 an Event Outside Our Control.

12.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, whether declared or not, or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

12.3.1 we will contact you as soon as reasonably possible to notify you; and

12.3.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

13. 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

13.1 You have a legal right to cancel an order placed with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within the relevant periods set out in clauses 13.3 and 13.5, unless clauses 13.4 or 13.6 apply.

13.2 During the relevant cancellation period, if you change your mind or decide that you do not want to proceed with your order, you may notify us of your decision to cancel and receive a refund in accordance with this section. Guidance on your legal rights is available from Citizens Advice or Trading Standards.

Right to Cancel, Products

13.3 Your legal right to cancel an order for Products depends on how the Contract was made:

13.3.1 If the Contract is a distance contract, meaning an order placed online, by telephone, by email, or by any other method where we and you are not physically present together, your right to cancel begins on the day you receive the Products and ends fourteen (14) calendar days after the day on which you, or a person nominated by you, take physical possession of the Products.

13.3.2 If the Contract is made on-premises, meaning the order is placed in person at our showroom, you do not have a statutory right to cancel once the order has been placed. Any cancellation in those circumstances will be entirely at our discretion and may be subject to charges.

13.3.3 For the avoidance of doubt, if you view the Products at our showroom but place your order later by telephone, email or via our Website, the Contract will still be treated as a distance contract and your legal cancellation rights will apply.

13.4 The cancellation rights referred to in clauses 13.1 and 13.3 do not apply where:

13.4.1 the Products are made to measure, custom-made, manufactured to your specification, or clearly personalised; or

13.4.2 the Products become inseparably mixed with your property, for example through installation, whether carried out by us or by you.

Right to Cancel, Installation Services

13.5 Your legal right to cancel Installation Services begins on the date we send your Order Confirmation Email and ends fourteen (14) calendar days later.

13.6 If you ask us to begin providing the Installation Services during that cancellation period, and the Installation Services are fully completed within that period, you will lose your legal right to cancel the Installation Services once they have been fully provided.

13.7 If you cancel the Installation Services but wish to proceed with your order for the Products, we will deliver the Products by way of a Kerbside Delivery in accordance with clauses 10.14 to 10.19. You will still retain any legal right to cancel the Products under clause 13.3. 

How to Cancel

13.8 To cancel your order, you must notify us in writing. The easiest way to do this is by email to sales@h2ohottubs.co.uk. You may also notify us by telephone on 0333 990 0320 or by writing to:

H20 Spa Limited
Unit 4G Blenheim Court
Blenheim Industrial Park
Nottingham
NG6 8YP

You may also use the cancellation form supplied with your delivery note. Your cancellation will take effect from the date on which you send your notice. You should retain a copy for your records.

Returning Products

13.9 Unless otherwise agreed by us in writing, you are responsible for returning any Products that have already been delivered. You must return them within fourteen (14) calendar days of notifying us of your cancellation to the address set out in clause 13.8.

13.10 If you cancel under your cooling-off rights and the Products have already been delivered, you are responsible for returning them to us within fourteen (14) calendar days of notifying us of cancellation. Because hot tubs cannot normally be returned by post, you will be responsible for the direct cost of returning them. You may either arrange return at your own expense or, if we agree, ask us to arrange collection at the applicable charges set out in section 13.23.3

13.11 We will not be liable for any third-party costs incurred in connection with the return of Products. This includes, without limitation, the cost of removing or dismantling structures, crane hire, or other access-related costs, whether you are returning the Products under your cooling-off rights or because you believe them to be faulty. Where a Product is being returned because of an alleged fault, you must still make the Product available at a location our vehicle can reasonably access, unless we agree otherwise in writing.

13.12 Subject to this section, you will receive a refund of the original purchase price and any standard delivery charge paid by you, where applicable. Installation Services are non-refundable once they have been provided.

13.13 Refunds will be made using the same payment method that you used to pay for 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 is sooner.

13.14 We may make a reasonable deduction from any refund if the Products have been handled beyond what is necessary to establish their nature, characteristics and functioning. If we refund you before we have inspected the returned Products and we later discover damage or excessive handling, you must repay the appropriate amount to us.

Faults and Inspections

13.15 If you believe a Product is faulty, we may ask you to provide clear photographs and/or video evidence before taking any further action.

13.16 Where an in-person inspection is required and no fault is found, a call-out charge will apply. Any such charge will be confirmed to you in writing in advance.

Faults Reported Within 30 Days, Right to Reject

13.17 If a fault is confirmed and reported within thirty (30) days of delivery, you may be entitled to reject the Product and receive a full refund under the Consumer Rights Act 2015. We reserve the right to inspect the Product before accepting rejection.

Faults Reported Within 6 Months, Right to Repair or Replacement

13.18 If a fault develops within six (6) months of delivery, you may be entitled to a repair or replacement. Unless we prove otherwise, it will be presumed that the fault was present at the time of delivery. If repair or replacement is unsuccessful, impossible, or not provided within a reasonable time, you may be entitled to reject the Product and receive a refund, which may be full or partial depending on usage.

Faults Reported After 6 Months

13.19 If a fault is reported more than six (6) months after delivery, you may still be entitled to a repair or replacement, but you will need to provide evidence that the fault was present at the time of delivery. If the issue cannot be resolved, a partial refund may be offered to reflect the use you have had of the Product.

General Conditions for Fault Resolution

13.20 You must allow us a reasonable opportunity to inspect, diagnose, repair or replace the Product, including at least one opportunity to do so, unless doing so would cause you significant inconvenience.

13.21 We will cover the reasonable costs of collecting, repairing or replacing a Product that is confirmed to be faulty.

13.22 Nothing in this section affects your legal rights under the Consumer Rights Act 2015 or any other applicable legislation.

Returning a hot tub (change of mind)

13.23 If you wish to return a hot tub under the cooling-off period, the following rules protect both you and us:

13.23.1 Showroom Purchases (On-premises Contracts)

If you inspected and bought the hot tub in person at our showroom, you have no statutory right to return it for a change of mind. Any return would be solely at our discretion and may incur fees.

13.23.2 Distance Purchases

If you bought the hot tub via our website, by phone or by email without having seen it beforehand, your purchase is a distance contract. You are protected by the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 and have 14 days from physical receipt of the hot tub to cancel, in line with Regulation 30(2).

13.23.3 Collection Charges

If you exercise your right to cancel and ask us to collect the hot tub, you must bear the collection cost:

13.23.4 Returning at Your Own Expense

If you prefer not to pay the collection fee, you may arrange to return the hot tub to our Nottingham warehouse at your own cost. You must use a suitable, insured carrier and ensure safe transit. The product will be thoroughly inspected and any monies due to be refunded will be refunded within 14 days of our receipt of the hot tub.

13.23.5 Access and Additional Costs

We must be able to remove the hot tub without hindrance from obstacles including, but not limited to, steps, walls, heat pumps, air conditioning units, drainpipes, fence panels, permanent structures, gates and trees. Any extra costs involved in removing the hot tub, for example, cranes, must be agreed in advance. You must make reasonable provisions to provide clear, safe access on the agreed collection day.

13.23.6 Deductions for Use or Loss of Value

• If the hot tub has been filled with water & chemicals, it is no longer new. We will deduct £749 from your refund to reflect the loss in value.
• Installation charges are non-refundable once the service has been completed.
• Any opened or partially-used chemicals, for example chlorine, shock treatment, test strips, are non-refundable.
• We may deduct further amounts for any aesthetic or functional damage, or excessive handling, in accordance with clause 13.14.

14. OTHER IMPORTANT TERMS

14.1 We will treat all your personal information that we collect in connection with your order of Products in accordance with our Privacy Policy.

14.2 We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions of Sale. We will always notify you in writing or by posting on this webpage if this happens.

14.3 You may only transfer your rights or your obligations under these Terms and Conditions of Sale to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty to the recipient of the gift without needing to ask our consent.

14.4 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.  However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty.

14.5 Each of the paragraphs of these Terms and Conditions of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

14.6 If we fail to insist that you perform any of your obligations under these Terms and Conditions of Sale or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14.7 If you are a consumer, please note that these Terms and Conditions of Sale are governed by English law. This means a contract for the purchase of Products and/or Installation Services and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

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