Terms and Conditions of Sale for Consumers

1. Understanding These Terms

1.1 Scope of the Terms: These terms and conditions outline the agreement between you and us regarding the purchase of products, including any related services, in situations where the sale is conducted remotely, such as through our website or via telephone and email discussions. Please note that these terms do not apply to face-to-face transactions in our showroom, as different terms and conditions are applicable in that scenario.

1.2 Importance of Review: It’s essential to carefully review these terms before placing an order with us. They provide information about our identity, how we deliver products, how the contract can be modified or terminated, what steps to take in case of issues, and other important details.

1.3 Applicability: These terms are applicable to customers purchasing products and associated installation services as consumers. Business customers should contact us separately, as different terms and conditions apply. Our online sales platform is specifically designed for consumers, and individuals intending to make commercial purchases should refrain from doing so through our website.

2. About Us and Contact Information

2.1 Our Identity: We operate as The Hot Tub Superstore Ltd, registered in England and Wales under company number [insert number]. Our trading name is Hot Tub Superstore, with our registered office located at 4 Trident Business Centre, Amy Johnson Way, Blackpool, Lancashire, England, FY4 2RP. Our VAT registration number is 300 6509 47.

2.2 Contacting Us: You can reach our customer service team by calling 01253 599 330 or emailing us at sales@thehottubsuperstore.co.uk.

2.3 Communication: We may contact you via telephone or email, using the contact details provided by you during the ordering process or in any other correspondence with us.

2.4 Communication Method: Whenever we mention “writing” or “written” in these terms, it includes communication via email.

3. Our Contract with You

3.1 Acceptance of Orders: For all distance contracts excluding website orders, we typically engage in discussions or email correspondence to finalize your order. Our acceptance occurs when we send you our Order Confirmation document, establishing a contract between you and us.

3.2 Order Rejection: If we cannot accept your order for any reason, we will notify you accordingly and will not charge you. This could be due to various factors such as product unavailability, unforeseen resource constraints, unsatisfactory credit reference, pricing errors, inability to meet delivery deadlines, or if the product cannot fit into the designated space based on provided information.

3.3 Order Number: Upon acceptance of your order, we will assign an order number for reference in any subsequent communication.

3.4 UK Mainland Sales Only: We exclusively sell our products for delivery within mainland UK, excluding Northern Ireland and islands. Unfortunately, we do not accept orders for delivery outside the UK mainland. However, arrangements may be made for product collection from our depot, subject to certain conditions.

3.5 Website Orders: A distinct process applies to orders placed through our website. While certain products are available for purchase online, such as cleaning products, accessories, parts, and water care products, hot tubs themselves are not sold through our website.

3.6 Online Shopping Process: [To be filled as per website’s specific process.]

These terms and conditions serve as the basis for our sale agreements with consumers, outlining the responsibilities and expectations of both parties. Should you have any queries or require further clarification, please do not hesitate to contact us.

Step 1 – Product Selection:

Start by browsing our range of available products.

To add items to your purchase, simply click on the products you’re interested in and then select “Add to Basket”.

Step 2 – Reviewing Your Basket:

Take a moment to review the contents of your basket and make any necessary changes. You can do this by clicking on the “Basket” icon.

Step 3 – Checkout Process:

Once you’re ready to proceed, click on “Proceed to Checkout”.

You’ll then be prompted to provide your billing and delivery details.

Feel free to include any special delivery instructions if needed.

During this step, you’ll also receive a summary of your order.

Please ensure all details are accurate, and promptly correct any mistakes or adjust the products in your order if necessary. Any inaccuracies, such as an incorrect delivery address, are your responsibility and may lead to order complications or delays.

Step 4 – Accepting Terms, Payment, and Placing Your Order:

Upon reaching this step, you’ll be prompted to select a payment method, after which you’ll be directed to the appropriate page based on your preference. Please ensure all payment details are entered accurately and carefully review the information before proceeding with your order.

We accept payments via most major credit and debit cards.

Before finalizing your order, it’s important to thoroughly read through our terms and conditions. If you agree and are ready to proceed, confirm your acceptance of the terms.

To complete your purchase, simply click on “Place Order”.

Step 5 – Order Confirmation:

Once your order is placed and payment authorization is received, an order confirmation email will be sent to you. It’s advisable to retain a copy of this email for your records.

Receipt of the order confirmation signifies that your order has been accepted, thus forming the contract between us.

Lastly, upon dispatch of the products, you will receive another email confirming that your order is en route to you.

**Our Products**

4.1 **Variations in Appearance:** Please note that products may exhibit slight variations from their depicted images. The visuals of products showcased on our website and in our brochure are for illustrative purposes only. While we strive for accuracy in displaying colors, it’s important to acknowledge that the representation of colors on computer screens may not precisely reflect the true color of the products. Therefore, your product may exhibit slight deviations from the images.

4.2 **Packaging Variation:** The packaging of the product may differ from the images displayed on our website and in our brochure. We employ packaging that we deem most suitable for the products.

4.3 **Ensuring Accurate Measurements:** When purchasing a product from us, particularly a hot tub, it’s crucial to accurately measure the space available in the intended location for installation. This includes ensuring adequate access for delivery and installation. To ensure smooth delivery and installation, please adhere to the following guidelines:

4.3.1 **Accurate Measurement:** Precisely measure the installation location for your hot tub.

4.3.2 **Video Submission:** Send us a brief video showcasing the area designated for product installation.

4.3.3 **Access Measurement:** Measure access routes to ensure they are sufficiently sized for hot tub delivery.

4.3.4 **Providing Information:** Furnish us with the measurements and any other pertinent information we may reasonably request.

4.3.5 **Accuracy of Information:** Ensure that all information provided to us is accurate.

For guidance on measurement techniques and tips, please refer to our website, brochure, or contact us directly.

**5. Your Rights to Make Changes**

If you intend to modify the product you’ve ordered, such as changing the model, please reach out to us. We’ll assess the feasibility of your request. However, please note that our products are not bespoke, and therefore, we cannot accommodate personalized specifications. If a change is possible, we’ll inform you about any adjustments to the product’s price, delivery timing, or any other necessary details resulting from your requested alteration. We’ll then seek your confirmation regarding the change. If we cannot fulfill the change request, or if the proposed alterations are unacceptable to you, you may consider terminating the contract (refer to clause 8, “Your rights to end the contract”).

**6. Our Rights to Make Changes**

6.1 **Minor Product Changes:** We reserve the right to make minor adjustments to the product, including:

6.1.1 **Compliance with Regulations:** Changes to adhere to relevant laws and regulatory standards.

6.1.2 **Technical Enhancements:** Minor technical adjustments and improvements, such as alterations in the types of components used. These modifications will not impact the overall performance of the product. Please note that certain changes may be implemented by our product suppliers and may be beyond our control.

6.2 **Significant Product Changes:** In the event that we or one of our suppliers implement a significant alteration to the product, such as its functionality or performance, we will notify you accordingly. You’ll then have the option to terminate the contract before the changes come into effect and receive a refund for any products paid for but not yet received.

**7. Providing the Products**

**7.1 Delivery Costs:** Our prices already include delivery costs.

**7.2 Timing of Product Delivery:** We will inform you during the order process about the anticipated delivery timeline. Typically, we aim to deliver the product to you within 2 to 4 weeks after sending the order confirmation. However, during peak periods, this timeframe may extend up to 6 weeks.

**7.3 Unforeseen Delays:** If circumstances beyond our control cause a delay in product supply, we will promptly notify you and take measures to minimize the impact of the delay. While we endeavor to mitigate delays, we will not be liable for delays arising from events beyond our control. In such cases, if there is a risk of substantial delay, you have the option to terminate the contract and receive a refund for any products paid for but not yet received.

**7.4 Collection Option:** If you’ve requested to collect the products from our premises, you can do so during our weekday working hours, excluding public holidays.

**7.5 Delivery Arrangements:** It’s essential that you (or your nominated representative) are available to receive the delivery on the agreed-upon date, especially for hot tub deliveries, as installation is usually included. If no one is available at the delivery address, we’ll leave instructions for rearranging delivery or collection from a local depot.

Before our arrival:

– Ensure sufficient space for our installation team to work.
– Clear all areas of obstruction and ensure they are tidy.
– Provide safe parking for our delivery vehicles.
– Ensure cleanliness of the installation area (if applicable).
– Ensure the installation area is flat and leveled.
– Ensure availability of water and power supply.
– Arrange for a crane (if advised) for lifting the hot tub into place.

**7.6 Failed Delivery:** If a delivery attempt fails and you don’t rearrange delivery or collect the products as agreed, we’ll contact you for further instructions. If we’re unable to reach you despite reasonable efforts, we may terminate the contract.

**7.7 Access for Installation:** If we’re contracted to install the product and you deny us access to your property without valid reason, additional costs may apply. Failure to grant access may result in contract termination, and you’ll be responsible for product installation.

**7.8 Product Responsibility:** Once delivered to your specified address or collected by you, the product becomes your responsibility.

**7.9 Ownership:** Full ownership of the product is transferred to you upon receipt of full payment and cleared funds, unless a separate finance arrangement is in place.

**7.10 Information Requirements:** We may require specific information from you to facilitate product supply. Failure to provide accurate or complete information may result in contract termination or additional charges.

**7.11 Reasons for Suspension:** We reserve the right to suspend product supply to address technical issues, regulatory changes, or upon your request or notification of changes.

**7.12 Suspension Notification:** In the event of a product suspension, we will notify you in advance, except in urgent or emergency situations. You may choose to terminate the contract if the suspension exceeds thirty days, and we’ll refund any advance payments for the affected period.

**7.13 Suspension Due to Non-Payment:** Failure to make timely payments may result in the suspension of product supply until outstanding amounts are settled. Interest charges may apply to overdue payments. If you have a finance agreement, non-payment consequences will be governed by the terms of that agreement.

**8. Your Rights to End the Contract**

**8.1 Your Ability to End the Contract:**
You retain the right to terminate your contract with us. The process and your entitlements upon termination vary based on your purchase, product condition, our performance, and the timing of your decision to end the contract:

8.1.1 **Faulty or Misdescribed Products:** If the product you’ve purchased is faulty or misdescribed, you may have a legal right to terminate the contract, request product repair or replacement, or receive a refund. Refer to clause 11 for further details.

8.1.2 **Contract Termination Due to Our Actions:** If you wish to terminate the contract because of our actions or proposed actions, refer to clause 8.2.

8.1.3 **Change of Mind:** If you’ve had a change of heart regarding the product, see clause 8.3. You may be eligible for a refund within the cooling-off period, but deductions may apply, and you may be responsible for return costs.

**8.2 Contract Termination Due to Our Actions:**
If you’re terminating the contract for reasons outlined in 8.2.1 to 8.2.5, the contract ends immediately. You’ll receive a full refund for undelivered products, and compensation may be available. Reasons include:

8.2.1 Notification of upcoming product changes not agreed upon by you (see clause 6.2).
8.2.2 Notification of price or description errors in the ordered product, leading to your decision not to proceed.
8.2.3 Significant risk of product supply delay due to external events.
8.2.4 Suspension of product supply for technical reasons, exceeding six weeks.
8.2.5 Legal entitlement to contract termination due to our wrongdoing.

**8.3 Exercising Your Right to Change Your Mind (Consumer Contracts Regulations 2013):**
Under the Consumer Contracts Regulations 2013, for most products purchased via telephone, mail order, email exchange, or our website, you have the right to change your mind within 14 days of receiving the products and obtain a refund. Further details are provided below.

**8.4 Cooling-off Period:**
According to the Consumer Contracts Regulations 2013, you have 14 days from the day you (or a nominee) receive the products to change your mind, unless the products are delivered on different days. In the latter scenario, you have 14 days from the day you (or a nominee) receive the final delivery to reconsider your purchase.

**9. How to End the Contract With Us (including If You Have Changed Your Mind)**

**9.1 Notifying Us of Contract Termination:**
To terminate the contract, please inform us through one of the following methods:

9.1.1 **Phone or Email:** Contact our customer services at 01253 599 330 or email us at sales@thehottubsuperstore.co.uk. Provide details including your purchase, order/receipt date, and your name/address.

9.1.2 **Online:** Fill out the form available at the end of these terms.

9.1.3 **By Post:** Complete the form on our website or write to us at The Hot Tub Superstore, Trident Business Centre, Unit 4-5, Amy Johnson Way, Blackpool, FY4 2RP. Include details of your purchase, order/receipt date, and your name/address.

**9.2 Returning Products After Contract Termination:**
Upon contract termination, if products have been dispatched or received, you must return them to us. You can return them in person, via post, or arrange collection. Contact customer services to arrange collection. If exercising your right to change your mind, return products within 14 days of contract termination notification.

**9.3 Costs of Return:**
We cover return costs if products are faulty, misdescribed, or due to specific contract termination reasons. Otherwise, you’re responsible for return costs, including uninstallation if applicable.

**9.4 Collection Charges:**
If you’re responsible for return costs and we collect the product, we’ll charge you the direct collection costs, including uninstallation charges.

**9.5 Refund Process:**
We’ll refund the product price, including delivery costs, using the original payment method. Deductions may apply as described below.

**9.6 Deductions from Refunds:**
If exercising your right to change your mind:

9.6.1 We may reduce the refund to reflect any decrease in product value due to improper handling.

9.6.2 The maximum delivery cost refund will be based on the least expensive delivery method we offer.

9.6.3 We may deduct an amount for the installation service if already performed at the time of contract termination.

**9.7 Refund Timeline:**
For products not collected by us, refunds will be made within 14 days of receiving the product back or receiving evidence of return. For other cases, refunds will be made within 14 days of notifying us of your decision to change your mind.

**10. Our Rights to End the Contract**

**10.1 Contract Termination by Us:**
We reserve the right to end the contract if:

10.1.1 You fail to make payment within seven days of reminder;
10.1.2 You don’t provide necessary information within a reasonable time;
10.1.3 You don’t allow delivery or collection within a reasonable time;
10.1.4 You don’t allow access to premises for installation within a reasonable time.

**10.2 Compensation for Contract Breach:**
If we terminate the contract due to your breach, we’ll refund any advance payments for undelivered products but may charge reasonable compensation for incurred net costs.

**10.3 Withdrawal of Product:**
We may inform you in advance if we decide to discontinue supplying a product. Any advance payments for undelivered products will be refunded.

**11. If There Is a Problem With the Product**

**11.1 Reporting Problems:**
Contact us via phone or email for any questions or complaints about the product.

**11.2 Return of Rejected Products:**
If exercising your right to reject products, return them in person, via post, or allow us to collect them. We cover return costs for certain situations.

**11.3 Manufacturer Guarantee or Warranty:**
Some products come with a separate guarantee or warranty, details of which are provided. Call-out fees may apply for warranty service.

**11.4 Statutory Rights:**
Your statutory rights are unaffected by any guarantee or warranty accompanying the product.

**12. Price and Payment**

**12.1 Pricing Information:**
The price, including VAT, is as listed on our website or as confirmed in the order confirmation.

**12.2 VAT Changes:**
We’ll adjust the VAT rate if it changes between the order date and supply date, unless paid in full before the change.

**12.3 Pricing Errors:**
We strive for accurate pricing but if an error is found, we’ll charge the correct price or contact you for instructions.

**12.4 Payment Methods:**
We accept major credit/debit cards for full payment in advance. Finance arrangements follow specific terms.

**12.5 Late Payment Interest:**
Late payments may incur interest at 2% above the Bank of England’s base lending rate.

**12.6 Disputed Invoices:**
Contact us if you believe an invoice is incorrect. Interest will not be charged until the dispute is resolved.

**12.7 Payment Currency:**
All prices and payments are in pounds sterling (£)(GBP) unless stated otherwise.

**12.8 Unpaid Products:**
If payment isn’t received and you’ve received the products, either pay within 14 days or return them to us.

**12.9 Collection of Unpaid Products:**
If you don’t return unpaid products, we may collect them at your expense.

This summarizes our terms regarding contract termination, product issues, and payment procedures. If you have any further questions, feel free to contact us.

**13. Our Responsibility for Loss or Damage Suffered By You**

**13.1 Liability Overview:**
We don’t exclude or limit liability unlawfully. This includes liability for:
– Death or personal injury due to negligence.
– Fraud or fraudulent misrepresentation.
– Breach of legal rights related to products.
– Defective products under the Consumer Protection Act 1987.

**13.2 Scope of Liability:**
We’re responsible for foreseeable losses resulting from our breach of contract or negligence. We’re not liable for unforeseeable losses.

**13.3 Indirect or Special Losses:**
We’re not liable for indirect or special losses unless reasonable opportunity to remedy is given.

**13.4 Commercial Use:**
If products are used for commercial, business, or resale purposes, we’re not liable for profit loss, business interruption, or loss of business opportunity.

**13.5 Damage to Property:**
We’ll repair property damage caused by our services. We’re not liable for pre-existing property faults or minor wear and tear.

**13.6 Business Losses:**
Unless expressly agreed otherwise, we’re not liable for business-related losses arising from domestic product use.

**13.7 Statutory Rights:**
Your statutory rights, including those under the Consumer Rights Act 2015, are unaffected by these terms.

**14. Complaints and Disputes**

[Details regarding complaints and dispute resolution procedures would be provided here.]

If you have any complaints or disputes, please follow the outlined procedures for resolution.

**14. Complaints and Disputes**

**14.1 Dispute Resolution Process:**
We aim to resolve disputes quickly and efficiently. If you have any concerns regarding products or services, please contact us promptly. If your complaint remains unresolved after our investigation, you have the option to refer the dispute to an Alternative Dispute Resolution (ADR) provider. While we are not members of any ADR scheme, you can utilize services such as The Retail Ombudsman. If you’re dissatisfied with the outcome, legal proceedings can be pursued.

**14.2 Additional Assistance:**
Consumers can also seek guidance from local Citizens Advice offices for further assistance.

**15. Your Personal Information**

**15.1 Usage of Personal Information:**
To fulfill our contractual obligations, we collect and utilize personal information such as name, address, and payment details. This data is necessary for order processing, delivery, and after-sales support. Additionally, upon becoming a customer or subscribing, we may send news and offers.

**15.2 Privacy Policy:**
Details regarding the use of personal information are outlined in our privacy policy, accessible on our website.

**16. Other Important Terms**

[Details regarding transfer of contract, rights, validity of clauses, exercising rights later, governing law, appointment of third parties, and entire agreement.]

**17. COVID-19 and Other Events Beyond Our Reasonable Control**

**17.1 Events Beyond Our Control:**
We may encounter circumstances beyond our control, necessitating variations or delays in fulfilling contractual obligations. Such circumstances include legislation, government actions, pandemics, natural disasters, strikes, and transport network disruptions.

**17.2 Impact of COVID-19:**
This provision specifically addresses the COVID-19 pandemic and its effects, including government actions, lockdowns, social distancing requirements, and quarantine mandates.