OUR TERMS

1. THESE TERMS

1.1.1 What these terms cover. These are the terms and conditions on which we agree to supply products to you. 1.1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please feel free to contact us to discuss further at the contact details provided below.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are BuildASpa limited T/A BuildASpa, a company registered in England and Wales. Our company registration number is 11656359 and our trading office is at Unit D, Sovereign Park, Brenda Road, Hartlepool, TS25 1NN.

2.2 How to contact us. You can contact us by telephoning our Aftersales Team during Monday – Friday, 10.00 am – 5.00 pm on 0800 009 6430 or by email to us at [email protected]

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when you placed your order.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. Upon a contract coming into existence, a deposit (as detailed in clause 13.4(a)) will become immediately due and payable.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing as soon as reasonably practicable and no charges will be incurred in respect of the product. This may be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the product.
3.3 Your sales reference number. We will assign a sales reference number to your order and tell you what this is when we accept your order. Please note that should you wish to contact us at any point following an order being placed, please quote the sales reference number.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3 Size and Dimensions. The size and dimension of the products may sometimes be subject to minor change. Although we have made every effort to be as accurate as possible, because our products may be subject to change caused by heat expansion, the sizes and dimensions listed on our website and/or brochures take into account such issues and include a tolerance of 3%

TERMS OF CONTRACT ENGAGEMENT BuildASpa Limited Unit D, Sovereign Park, Brenda Road, Hartlepool, TS251nn

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5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us as soon as possible. We will proceed to respond within a reasonable time frame to let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm in writing whether you wish to go ahead with the change

6. OUR RIGHTS TO MAKE CHANGES

6.1 Minor changes to the products. We may change the product:
(a) to reflect any changes in the relevant laws and regulatory requirements;
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product

6.2 More significant changes to the products and these terms. In addition, we may make the following changes to the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any of the products paid for but not yet received:
(a) Mold improvement(s)
(b) Control system upgrade
(c) Pump system upgrade
(d) Electrical item upgrades

7. PROVIDING THE PRODUCTS

7.1 Delivery costs. The costs of delivery will be as displayed to you on our website and contained in the invoice provided to you following the contract being formed in accordance with clause 3.1.

7.2 When we will provide the products. We will deliver them to you as soon as reasonably possible. We will proceed to contact you with an estimated delivery date. Your estimated delivery date will depend on the product which is ordered; if you order a product which is already in stock in our warehouse, delivery will be normally be available within 2-3 weeks after the day on which we accept your order. For all other orders delivery is estimated to take between 6-12 weeks after the day on which we accept your order.

7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we provide such information to you, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of [0800-1600] on weekdays (excluding public holidays) [and Saturdays]

7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery [or collect the products from a local depot].

7.6 If you do not re-arrange delivery. If you do not [collect the products from us as arranged or if after a failed delivery to you, you do not re-arrange delivery [or collect them from a delivery depot], we will contact you for further instructions and may (if necessary) charge you for storage costs and any further delivery costs.

TERMS OF CONTRACT ENGAGEMENT BuildASpa Limited Unit D, Sovereign Park, Brenda Road, Hartlepool, TS251nn

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If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery [or collection] we may end the contract and clause 10.2 will apply.

7.7 When you become responsible for the goods. The products are your responsibility from the time we deliver the product to the address you gave us or you [or a carrier organised by you] collect it from us.

7.8 When you own goods. You own a product which is goods once we have received payment in full.

7.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your full details (including name and address), which shall be provided at the time of order. If you do not provide the required information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information at the time of order, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8. YOUR RIGHTS TO END THE CONTRACT

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back);
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(d) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer and have ordered a product online, you have a legal right to change your mind within 14 days from the date in which the product is received for which you will receive a refund for the product ordered (please see Consumer Contracts Regulations 2013 for further details).
Please note that you will be responsible for the costs incurred in returning such product to us and such product shall be returned without undue delay (and no later than 14 days after the day in which you cancel the contract).

TERMS OF CONTRACT ENGAGEMENT BuildASpa Limited Unit D, Sovereign Park, Brenda Road, Hartlepool, TS251nn

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9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
9.1 Tell us you want to end the contract. In the event you want to end the contract with us, please let us know by contacting our Aftersales Team, details of which are contained at clause 2.2. Please note that should you contact us in writing, print off and enclose a completed Model Cancellation Form (as specified in Schedule).

9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must comply with the provisions of clause 9.1 and return the product to us. You must either return the goods to us at our trading address or contact us direct to arrange the collection of the products from you. for the avoidance of doubt, you will be responsible for the costs incurred in delivering the product back to us; or our reasonable costs incurred in the collection the product.

9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return or collection costs incurred by us.

9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, see website for more information.

9.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment prior to the product being delivered.
TERMS OF CONTRACT ENGAGEMENT BuildASpa Limited Unit D, Sovereign Park, Brenda Road, Hartlepool, TS251nn

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(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your name and address (and address for the delivery of the product); a suitable time for delivery of the product; and any other information that is requested by us from time to time
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as reasonably practicable in advance of our stopping the supply of the product. If we cannot provide a suitable alternative which is acceptable to you, we will refund any sums you have paid in advance for products which will not be provided.

11. IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0800 009 6430 or write to us at [email protected] or Unit D, Sovereign Park, Brenda Road, Hartlepool, TS251NN.
12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
12.1 We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
Under the Consumer Rights Act 2015, goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: • up to 30 days: if your goods are faulty, then you can get an immediate refund.
• up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
• up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.

12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must arrange for the delivery of such back to us or allow us to collect them from you. We will pay the costs of delivery or collection. Please call the Aftersales Team (details of which are contained at clause 2.2).

13. PRICE AND PAYMENT
13.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the website and the order pages when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
TERMS OF CONTRACT ENGAGEMENT BuildASpa Limited Unit D, Sovereign Park, Brenda Road, Hartlepool, TS251nn

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13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.4 When you must pay and how you must pay. We accept payment with suitable credit or debit cards. You must pay:
(a) A deposit, being £400.00, to be paid in accordance with clause 3.1
(b) Remaining balance. You must pay the remaining balance for your goods (as detailed in your order confirmation) 1 working day prior to delivery. Your goods will not be delivered to you until you have paid the final balance in full.
13.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

14. OUR WARRANTY
14.1 Our warranty. All of our products are supplied with the benefit of a 2 year warranty in relation to plumbing and shell leakages, and a 2 year warranty in relation to electrical elements. Should a fault occur please contact us immediately and (subject to your statutory rights of refund listed above) we will arrange for the fault to be repaired , reserving the right to replace parts or products with parts of products which are similar, or better.

14.2 Exclusions From warranty claims. You must ensure that you operate your products at all times in accordance with the manufacturer’s instructions to benefit from the above warranty. The warranty only applies to your products supplied by us and does not cover any plumbing or electricity systems into which the product is connected to.
14.3 Transferring our Warranty. You are unable to transfer any of our warranty at paragraph 14.1 to a person who has acquired the product.

15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
TERMS OF CONTRACT ENGAGEMENT BuildASpa Limited Unit D, Sovereign Park, Brenda Road, Hartlepool, TS251nn

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15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
16.2 [We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
16.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
17. OTHER IMPORTANT TERMS
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract
17.2 Nobody else has any rights under this contract (except someone you pass your guarantee on to in accordance with clause 14.3). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause Error! Reference source not found. in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
17.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
17.5 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

TERMS OF CONTRACT ENGAGEMENT BuildASpa Limited Unit D, Sovereign Park, Brenda Road, Hartlepool, TS251nn

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Schedule Model Cancellation Form for consumer customers

(Complete and return this form only if you wish to withdraw from the contract)

• By post to: BuildASpa limited, Unit D, Sovereign Park, Brenda Road, Hartlepool, TS251NN. • By email to: [email protected] • Or contact us via telephone on: 0800 009 6430