Terms and Conditions
Consumer Website Terms and 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 on our website (www.allamericanspa.co.uk) (the “Website”).
In these Terms and Conditions of Sale “us”, “we” and “our” means All American Spa.
BEFORE YOU PLACE AN ORDER, YOU SHOULD READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR ORDER
- WEBSITE TERMS AND CONDITIONS OF SALE
1.2 Please read these Terms and Conditions of Sale carefully and make sure that you understand them, before ordering any Products and/or Installation Services from this Website.
1.3 In particular your attention is drawn to the clauses concerning our liability to you (clause you’re your legal right to cancel (clause 11), and other important terms (clause 14).
1.4 You will be asked to read and agree to these Terms and Conditions of Sale before you place an order for Products and/or Installation Services from our Website. If you refuse to accept these Terms and Conditions of Sale you will not be able to order any Products and/or Installation Services from this Website. We intend to rely on these Terms and Conditions of Sale and it is our intention that you will be legally bound by them when you order from this Website. Please read them carefully. If you have any questions about these Terms and Conditions of Sale, please contact us before continuing.
1.5 We may occasionally update these Terms and Conditions of Sale from time to time, for example to comply with changes in the law or to take account of new ordering processes or new products we may offer. Every time you wish to order Products and/or Installation Services, please check these Terms and Conditions of Sale on the Website for the latest version to ensure you are happy with any changes and to ensure you understand the terms which will apply at that time.
1.7 Any revisions will not affect any orders we have already accepted from you.
1.8 We will not necessarily keep a copy of these Terms and Conditions of Sale specifically in relation to your order. We will, however, provide you with a copy of these terms by email to confirm the contract after it has been concluded.
1.9 These Terms and Conditions of Sale, and any Contract between us, are only available in the English language.
- INFORMATION ABOUT US
2.1 We operate the Website. We are Dolphin Spa ltd trading as All American Spa, Registered address Dolphin Spa Ltd, 14 High Street, Hucknall, Nottingham, NG15 7HD (Company Reg No: 05868712). Our VAT number is GB 163208527.
2.2 To contact us, under 0115 954 1746 please see our Contact us page.
- 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.
3.2 The images of the Products on this Website are for illustrative purposes only.
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 reflect the colour of the Products. Your Products may vary slightly from those images.
3.4 All Products shown on this Website are subject to availability. We do not 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.
- OUR INSTALLATION SERVICES
When forming part of your order, we will supply the Installation Services to you at the same time that we deliver your Products (an “Installation Delivery”). 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. In all circumstances, your order will confirm whether Installation Services are provided as part of the Product price or have been requested by you for an additional fee, prior to you confirming your order.
4.1 To enable us to provide the Installation Services to you, we will need to obtain certain information from you, for example, pictures and measurements of the access to the property. Full details of this information will be included on our Website. Before you place 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.
4.2 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 the event of the electrical supply being installed incorrectly, the responsibility lies with the consumer to rectify the situation with the company engaged to fit the supply. In the event that Blue Whale Spa had to return to the address further expenditure would have to be covered by the consumer. In such instances, and where the technical problem is not caused by us, you may be responsible to pay an additional charge, which will be charged to reflect the additional costs we incur to perform the Installation Services for you.
- PRICE OF PRODUCTS, INSTALLATION SERVICES AND DELIVERY CHARGES
5.1 The prices of the Products and Installation Services will be as quoted on this Website from time to time. We take all reasonable care to ensure that the prices of Products and Installation Services are correct at the time when the relevant information is entered onto the system. We will contact you before we accept your order if we discover an error in the price of Product(s) and Installation Services you ordered.
5.2 Prices for our Products and/or Installation Services may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
5.3 For some Products, Delivery and Installation Services will be provided at no additional cost to you. However, some Products do not include Delivery and Installation Services, and as such an additional cost will be charged in the event that you elect to order Installation Services as part of your order. Please see clause 4 for more information.
5.4 The price of a Product and/or Delivery and Installation Services includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
5.5 Delivery charges will also be payable on your order and these will be added to the price of your order prior to you submitting payment to us. For details of our delivery charges please see our Delivery and Returns page.
- HOW TO PAY
6.1 Payment for all products must be made using the payment facilities available through the Website
6.2 We accept the following forms of payment: Bank transfer, Debit card, Credit card, Finance.
6.3 We may withhold the Products and/or cancel the Contract between us if payment is not received from you in full in cleared funds.
- PLACING AN ORDER
7.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 For the steps you need to take to place an order on our Website, please see our How to shop online page.
7.3 When you submit an order for Products and/or Installation Services, you are offering to purchase Products and/or Installation Services from us at the prices indicated on the Website.
7.4 All orders for Products and/or Installation Services from the Website must be placed using the shopping basket facility provided on the Website.
7.5 When you are ready to submit the order you will be taken to the payment page on the Website to enter your payment information.
7.6 By submitting an order to us through the Website, and by clicking the “Pay Now” button, you confirm that the payment details provided on your order are valid and correct, and that when your order is accepted and processed by us payment will be due to us as specified on the order summary page. [If your Product is available for immediate shipping, full payment will be made, whereas if your Product is not ready for immediate shipping, then we will only process a deposit at this stage.]
7.7 By placing an order, you confirm that you are the person referred to in the billing details.
7.8 Once your payment has been processed, you will be directed to a final confirmation screen on the Website displaying the details of your order which will include details of your outstanding balance, if only a deposit is being taken at this stage. You will also be sent a confirmation e-mail acknowledging receipt of your order, at this time or shortly afterwards. However, the processing of your payment and your receipt of our email does not constitute acceptance of your order and does not mean a binding contract has been formed.
7.9 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 (“Order Confirmation”). This means that we will not be obliged to supply products until this time. Any payment taken will be refunded to you if your order is later refused or rejected by us for any reason.
7.10 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.
7.11 If at any point there are any problems with your order, please contact us on 0115 954 1746, email@example.com.
- HOW WE USE YOUR PERSONAL INFORMATION
- YOUR LEGAL RIGHTS
9.1 As a consumer, you will always have legal rights 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. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.2 Nothing in these Terms and Conditions of Sale will affect these legal rights.
9.3 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134, you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items).
9.4 If you wish to return the Products to us under this clause 9 because they are faulty or mis-described, please contact us on 0115 954 1746. In addition to a refund in full for the price of defective Products, we will refund you on the credit card or debit card used by you to pay as soon as possible, together with any applicable delivery charges. We will collect the product from where it was positioned. When a crane or other lifting equipment, or other 3rd party services such as additional manpower has been arranged by the customer to assist with any delivery, the cost of these services is entirely the responsibility of the customer. Should any situation arise where the item delivered needs this same service to remove it from the property, payment of the cost of this third party service will again be entirely the responsibility of the customer, and we will not be liable for any part of the cost of these services.
9.5 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.
9.6 In addition to these rights, we also offer our customers an additional enhanced manufacturer guarantee for certain Products, and details of these additional rights are available on the Website and will be provided with the Products manual] on delivery. These additional manufacturer guarantees do not affect your legal rights in relation to Products that are faulty or not as described.
TERMS APPLICABLE TO ALL DELIVERIES
10.1 Unfortunately, we do not delivery to any addresses outside the UK, and there may be some locations within the UK that we are unable to deliver to. You will be asked to input your post code at the start of the order process and the system will let you know if we are unable to accommodate your order. You will not be able to place an order if we cannot deliver to your postcode.
10.2 We aim to dispatch and deliver Products as soon as possible but we cannot give an exact delivery date at the time you place your order for all of our Products, because many of our Products are made to order. All Products will however be delivered to you within 6 months. You will be entitled to cancel your order and receive a full refund if you have not received your Products within this time.
10.3 When we are ready to dispatch the Products to you, we will send you a dispatch confirmation email, (“Dispatch Confirmation”). Your order will be delivered to you on the delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control (please see clause 13). 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. Where you have only paid a deposit to us, the balance of the price will be collected via your original payment method 14 days after we send you the Dispatch Confirmation email.
10.4 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.
10.5 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 is be set out on our website and you will need to indicate and confirm that our vehicle will be able to reach you to unload the Products.
10.6 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, please contact us to rearrange delivery (a re-delivery charge will be payable in such instances).
10.7 You own the Products once we have received payment in full, including all applicable delivery charges, accessories and they are delivered and/or installed.
KERBSIDE DELIVERIES ONLY
10.8 Kerbside deliveries will take place in circumstances where only Product(s) are ordered (i.e. Installation Services do not form part of the order) (“Kerbside Deliveries”).
10.9 Kerbside Deliveries will be delivered to the delivery address confirmed when placing your order and will normally be performed by one delivery driver.
10.10 For all Kerbside Deliveries the Products you have ordered will be placed in what is in our driver’s sole view, the safest and most accessible location on your premises.
10.11 Our drivers will be responsible for the unloading of the Products from our delivery vehicle, but you will be responsible for making arrangements to have the Products moved to your required location if this is not where our driver is able to unload the Products. For example, where our driver is unable to access your property and will therefore need to unload the Products outside of your property, you will need to arrange for the Products to be moved to the required location.
10.12 Kerbside Delivery will be completed when we unload the Products to the address you gave us.
10.13 The risk of any loss or damage to the Products will be your responsibility from the completion of delivery.
INSTALLATION DELIVERIES ONLY
10.14 In circumstances where, as part of your order, Installation Services are to be provided (either 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 Products will be delivered and installed at the delivery address confirmed when placing your order.
10.15 For Installation Deliveries, the Products ordered will be fully installed by our members of staff at the location requested by you, provided all the information about your property is accurate, and that the requirements described in 10.17 and 10.18 have been met. You will be responsible for any additional costs we incur if you have not provided us with accurate information in this regard.
10.16 It is your responsibility to ensure that any location you request the Product(s) to be installed is readily accessible. In the event that the Product(s) will need to be carried through a doorway or passageway, it is your responsibility to ensure that least 50mm additional room is available each side of the Product(s) ordered. Sufficient space for our delivery equipment to turn any corners is also necessary.
10.17 We will remove all packaging from the Product(s) and fully 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. For required amps needed for each Product please contact us prior to placing your order.
10.18 Installation Deliveries will be completed when we deliver and install the Products to the address you gave us.
10.19 The risk of any loss or damage to the Products will be your responsibility from the completion of the Installation Services.
- YOUR LEGAL RIGHT TO CANCEL
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 11.5 apply.
11.2 This means that during the relevant period, if you change your mind or, for any other reason you decide you do not want to proceed with your order, you can notify us of your decision to cancel your order and receive a full refund. Advice about your legal right to cancel the order under these regulations 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 starts from the date that we send you the Order Confirmation. The deadline for you cancelling your Contract will end 14 (fourteen) calendar days after you take physical possession of the Products after we have delivered and/or installed them.
11.4 The cancellation right outlined in clause 11.1 and 11.3 does not apply for the cancellation of Products in the following circumstances:
11.4.1 In the case of any made-to-measure or custom-made Products, or Products made to your specification or those that are clearly personalised; and/or
11.4.2 The Products become inseparable from your property (i.e. in circumstances where the Products are installed, to any extent, by either you or us).
Right to Cancel – Installation Services
11.5 Your legal right to cancel an order for Installation Services starts from the date that you receive your Dispatch Confirmation. The deadline for you cancelling your Contract will end 14 (fourteen) calendar days after the date on which you receive your Order Confirmation, in accordance with clause 9.7.
11.6 The cancellation right outlined in clause 11.1 does not apply for the cancellation of Installation Services in circumstances where you request us to provide the Installation Services during the cancellation period, and the installation of the Product(s) ordered is completed during this timeframe. In such circumstances, you will lose your legal right to cancel your order for Installation Services in accordance with this clause 11.
11.7 For the avoidance of doubt, in circumstances where you cancel your order for Installation Services, but decide to continue with your order for Products, the Products will be delivered by way of a Kerbside Delivery, in accordance with clause 9 above and you will continue to have a legal right to cancel your order for that Product as described above.
11.8 To cancel an order for Products and/or Installation Services, the easiest way to do this will be for you to contact us in writing to tell us by sending an e-mail to firstname.lastname@example.org, by phoning us on 0115 954 1746 or by sending a letter or the cancellation form included in your delivery note to 11 Glaisdale Drive East, Nottingham, NG8 4GU. This will be a cancellation notification. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
11.9 If the Products were delivered to you and you wish to cancel an order under this clause 11:
11.9.1 We will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
11.9.2 Unless the Products are faulty or not as described, you will be responsible for the cost of us collecting the Products from you. We charge for collection;
11.9.3 You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
11.10 You will (unless clause 11.12 applies) receive a full refund of the price you paid for the Products and/or Installation Services (as applicable) and any applicable delivery charges you have paid. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days after the day we receive back from you any Products supplied to you, or (if earlier) 14 calendar days after the day you provide us with evidence that you have returned the Products. If you returned the Products to us because they were faulty or mis-described, please see clause 12.
11.11 We will refund you on the credit card or debit card used by you to pay.
11.12 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. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must be us an appropriate amount.
11.13 Details of your legal right to cancel and an explanation of how to exercise it will also be provided in the Order Confirmation.
- OUR LIABILITY TO YOU
12.1 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 they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
12.2 If we are providing the 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.
12.3 We only supply the Products and Installation Services for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4 We do not in any way exclude or limit our liability for:
12.4.1 death or personal injury caused by our negligence;
12.4.2 fraud or fraudulent misrepresentation;
12.4.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
12.4.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
12.4.5 Defective products under the Consumer Protection Act 1987.
12.5 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 Terms and Conditions. These apply in addition to your legal rights as described in clause 9.
12.6 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 persons of suitable expertise to deal with the Products. We will not be liable to you for any losses or damage you suffer as a result of any of the actions which fail to comply with the instructions and guidance provided to you in connection with your use of the Products.
12.7 Where you discover any problems with the Products, please call us as soon as possible after discovering such problems. We will work with you to determine the nature of such problems and to ascertain whether or not the problem was as a result of:
12.7.1 a fault existing at the time of delivery; or
12.7.2 Whether the problem has arisen as a result of any actions or lack of actions on your part to use or deal with the Products in the correct way.
- EVENTS OUTSIDE OUR CONTROL
13.1 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.
13.2 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, or 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.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
13.3.1 we will contact you as soon as reasonably possible to notify you; and
13.3.2 Our obligations under a 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.
- OTHER IMPORTANT TERMS
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 in clause 12.5 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 at clause 12.5.
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 through the Website 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.
Model Cancellation Form
The Model Cancellation Form is a requirement being brought in by the new consumer protection regulations coming in to force in June. It notes that where a right to cancel exists the trader must give or make available to the consumer a cancellation form.
We have provided in the draft terms an option for All American Spa a to set up an online, e-mail option for this also which should additionally include the information set out here.
Part B of Schedule 3 provides that the Model Cancellation Form must include the information below:
To [All American Spa], (11 Glaisdale Drive East, Nottingham, NG8 4GU, email@example.com
I/We [customer name] hereby give notice that I/We [customer name] cancel my/our contract of sale of the following goods:
Ordered on: ____________________________________
Received on: ___________________________________
Order reference number:
Name of customer:
Address of customer:
Signature of customer: