SPAFIX SERVICES LTD, SPAFIX MIDLANDS & NORTH LTD and/or their affiliates (“SPAFIX”) provide website features for the sale of hot tub spare parts, new hot tubs and other services (collectively “Services”) when you visit or shop at spafix.co.uk (the “website”). SPAFIX provides the Services to you subject to the conditions set out on this page.
For the purposes of this document SPAFIX may be referred to as any of the following: Spafix, the company, our, us or we.
You (the customer) may be referred to as: the customer, your or you.
1 Company Information
SPAFIX SERVICES LTD, a company registered in England and Wales under company number 06422739 with its registered office at 3 Acorn Business Centre, Northarbour Road, Cosham, Hampshire, PO6 3TH. SPAFIX SERVICES LTD’s’ VAT number is GB 106 6540 33. The branches contact postal address is Unit 2, Larchwood Business Centre, Larchwood Avenue, Havant, Hampshire, PO9 3BE.
SPAFIX MIDLANDS & NORTH LTD, a company registered in England and Wales under company number 08990522 with its registered office at 3 Acorn Business Centre, Northarbour Road, Cosham, Hampshire, PO6 3TH. SPAFIX MIDLANDS & NORTH LTD’s’ VAT number is GB 237 8025 04. The branches contact postal address is Unit 4,
Please refer to SPAFIX’s’ website at spafix.co.uk for information about how to contact us.
2 Trading Hours
Our offices are open Monday — Thursday 9.00am — 5.00pm, Friday 9.00am — 4.00pm [excluding public holidays], during which our phone and email facilities are manned by our support team.
Our pledge is that should you leave a message on our twenty-four hour telephone answering service, or send us an email, that we will return your enquiry within twenty-four hours.
The above does not apply to non business days such as weekends, public holidays or closure due to unforeseen circumstances.
All images text design and format are the original property of SPAFIX. Copyright theft is taken extremely seriously by SPAFIX and such material taken from www.spafix.co.uk or any of our other associated websites [without prior Written Notice] will be treated as Copyright Theft and legal action will incur. Our appointed Representatives and Solicitors will monitor and act upon any of these instances without warning.
3.1 Images are for display purposes only and should not be used for correctly identifying a replacement. Please refer to the products description for this.
Unless otherwise expressly stated in these Terms and Conditions all Notices from you must be in writing and sent to our contact postal address at Spafix Services Ltd, Unit 2, Larchwood, Business Centre, Larchwood Avenue, Havant, Hampshire, PO9 3BE and all Notices from us to you will be displayed on our website from time to time.
If any part of these Terms and Conditions is unenforceable [including any Provision in which we exclude our liability to you] the enforceability of any other part of these Conditions will not be affected.
6 Privacy and Personal Details
Spafix promises to do its best to provide you with the service that you expect. However, we appreciate that sometimes things do not always go to plan and we therefore welcome the opportunity to constructively listen and learn from such instances. So, if you should have a genuine grievance about our services or one of our products then we want to know about it and would ask that you firstly bring it to our attention either by telephoning us outlining the details and providing a brief description, and if necessary, we may ask you to follow this up in writing in order that we can provide you with the time and care needed to deal with this effectively and appropriately for you. All complaints made in writing will be responded to within seven days.
8 Third Parties
SPAFIX can only take responsibility for our employees and we are happy to advise that they are covered by public and employee liability insurance. Unfortunately we cannot accept responsibility for anything stated by another party either on our behalf or in relation to any products or goods that we retail and this should be interpreted as a variation of our Terms and Conditions.
9 Governing Law
The Contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have jurisdiction to resolve any Disputes between us. Except for our affiliates Directors Employees or Representatives a person who is not a party to this Agreement has no right under the UK Contracts [Rights of Third Parties] Act 1999 to enforce any Term of this Agreement but does not affect any right or remedy of a third party that exists or is available apart from that Act.
10 Entire Agreement
All calls are recorded for quality and training purposes. In accordance with the General Data Protection Regulation (GDPR) and Payment Card Industry Data Security Standard (PCI DSS), call recording can be disabled by verbal request for that specific call. The operative will manually disable recording before taking any card details for payment, and will reinstate it after payment is complete.
12 The Contract between Us
We must receive payment of the whole of the price for the Goods that you order before your Order can be accepted. Once payment has been received by us we will confirm that your Order has been accepted by sending an email to you at the email address you provide in your Order Form. Our acceptance of your Order brings into existence a legally binding Contract between us.
13.1 The prices payable for Goods that you order are as set out on our website.
13.2 You will be required to pay extra for Delivery and it might not be possible for us to deliver to some locations. Our Delivery Charges are set out in our website.
13.3 When placing an order for items that are indicated as out of stock, we shall not liable to cover the cost of additional delivery charges when ordering together with items that are in stock. There will be a message displayed at the checkout to advise this. By selecting this you accept the terms, you agree that you may be required to pay additional delivery costs to ship the items when they next become available. If the delivery destination is within our Mainland UK delivery band it may be possible to ship with a future order, at our discretion we may opt to deliver the remaining goods at our cost depending on circumstances for this delivery band only. It is not possible to ship out of stock items at our cost when a partial shipment has already been made for the same order if the delivery destination is outside of the UK Mainland due to increased freight costs.
13.4 We are happy to make amendments to your order; however, the below rules must be followed for same day dispatch to be viable.
13.4.1 If you wish to change the address or add a part to an order, you must contact us or place your second order within one hour from the original order.
13.4.2 The collective order will not be dispatched same day if: there is a lack of information; the second order is placed after one hour; answers are not provided in a timely manner.
13.4.3 When the additional order is placed, you must clearly state the original order number in the comments to help us find the delivery details. This can be found on your confirmation email or in your Order History. When you select your delivery method it states the weight of the new order, if the combined weight exceeds 20kg, please do not choose ‘Collection UK Warehouse’ as you will have to pay another delivery and this will delay the shipment. Instead just choose a delivery method like a normal order. However, if the combined weight is less than 20kg, choose ‘Collection UK Warehouse’ to avoid paying an unnecessary delivery charge.
14 Right for you to cancel your Contract
14.1 You may cancel your Contract with us for the Goods you order at any time up to the end of the seventh working day from the date you receive the ordered Goods. You do not need to give us any reason for cancelling your Contract nor will you have to pay any penalty.
14.2 You cannot cancel your Contract if you have taken any electronics such as printed circuit boards out of the sealed package in which it was delivered to you.
14.3 You cannot cancel your Contract if you have fitted any part unless there is a genuine manufacturer defect. Any parts deemed as being fitted or used, returned as unwanted or otherwise except in the case of warranty the return will be refused. The items will be at your risk awaiting your collection.
14.4 To cancel your Contract you must notify us in writing or by email to firstname.lastname@example.org
14.5 If you have received the Goods before you cancel your Contract you must send the Goods back to our contact address at your own cost and risk. If you cancel your Contract but we have already processed your Goods for delivery you must not unpack the Goods when they are received by you and you must send the Goods back to us at our contact address at your own cost and risk as soon as possible
14.6 Once you have notified us that you are cancelling your Contract any sum debited to us from your debit/credit card will be credited to your account as soon as possible provided that:
14.6.1 the Goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the Goods delivered to you or do not pay the costs of Delivery we shall be entitled to deduct the direct costs of recovering the Goods from the amount to be credited to you
14.6.2 we were notified by the seventh working day from the date you receive the ordered Goods.
14.7 Any goods returned after the seventh day of delivery to you and up until the thirtieth day will be credited with internal credit for use on your next order. After thirty days of delivery of goods to you, will need written permission from us and will incur a 20% re-stocking charge, in addition to recovery of postage charges. After ninety days of delivery of goods to you, claims will be rejected. Only warranty returns will be accepted.
14.8 You must notify us of any damaged goods within seven days of delivery.
15 Cancellation by Us
15.1 We reserve the right to cancel the Contract between us if:
15.1.1 we have insufficient Stock to deliver the Goods you have ordered
15.1.2 we do not deliver to you area or
15.1.3 one or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our Suppliers.
15.2 If we do cancel your Contract we will notify you by email and will credit your Account any sum deducted by us from your debit/credit card as soon as possible but in any event within thirty days of your Order.
16 Delivery of Goods to you
16.1 We will deliver the Goods ordered by you to the address you give us for Delivery at the time you make your Order.
16.2 Our Standard Delivery time is two to five working days from Order processing. Our Fast Delivery service is one to two working days; SPAFIX will rely on the postal services of DPD, TNT, Royal Mail, Parcel Force Worldwide and possibly other couriers. Our stated Delivery services are a guide only. We will always aim to ensure your Order is received on time but we will not be held liable for Late Delivery beyond our control or consequential loss. All our Deliveries will be tracked and your Tracking Number will be available on request.
16.3 You will become the owner of Goods you have ordered when they have been delivered to you. Once Goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
17.1 If the Goods we deliver are not what you ordered or defective or the Delivery is of an incorrect quality we shall have no Liability to you unless you notify us in writing at our contact address of the problem within ten working days of the Delivery of the Goods in question
17.2 If you do not receive the Goods ordered by you within fourteen days of the date on which you ordered them we shall have no liability to you unless you notify us in writing at our contact address of the problem within forty days of the date on which you ordered the Goods
If you notify a problem to us under this Condition our only obligation will be at your option:
17.2.1 to make good any shortage or non-delivery
17.2.2 to replace or repair any Goods that are damaged or defective or
17.2.3 to refund to you the amount paid by you for the Goods in question in whatever way we choose.
17.3 Save as precluded by Law we will not be liable to you for any indirect or consequential loss damage or expenses [including loss of profits business or Goodwill] howsoever arising out of any problem you notify to us under this Condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question under Clause 17.2 above.
18.1 All items and products supplied through this website have a twelve-month Warranty from date of delivery. Incorrect installation will result in withdrawal of the Warranty. This Warranty covers the cost of the parts and postage only consequential indirect losses eg: labour expenses, loss of earnings or damages will not be the responsibility of SPAFIX. If a replacement part for defective Goods is no longer available within the Warranty Period an alternative will be offered or a partial refund.
18.2 Replacement/credit for faulty goods will not be issued until a conclusion from testing has been finalised. Whether this may be from Spafix or the manufacturer.
Parts, images and descriptive text are used as a guide only. SPAFIX is not responsible for misinterpretation of a Product. Our images and text will be used always to describe the Products to the best of our abilities
20 Events beyond our Control
We shall have no liability to you for any failure to deliver Goods you have ordered or any delay in doing so for any damage of defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including Without Limitation, strikes, Lock- Outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident
Repairs and Servicing
A call out or breakdown visit fee, which covers up to the first thirty minutes labour on site, is £99 including VAT. This rate applies to our primary coverage area of 45 miles from any of our listed branches on the website. Any additional labour is charged at an ongoing rate of £35 including VAT for each thirty minutes elapsed. These charges are payable on the day of the technicians visit along with the cost of any parts used that are not covered under a recognised Manufacturers warranty.
Payments can be made by cash, or a card payment can be taken with our mobile wireless card machine. All payments are due on the day of the appointment. If you are not able to be present on the day of the visit but have arranged for the visit/works to be completed in your absence, we will require a pre authorised card on account or to be available by telephone on completion to make a payment by card. We aim to make all repairs on the day of our first visit but sometimes this is not always possible for various reasons such as, but not limited to, the following:
- more work than first anticipated or advised
- more faults are found that were not originally reported and so the job requires more time and costs for additional parts
- if parts are required that we do not have in stock at the time of the visit and so need to be ordered causing the job to be rebooked for an additional appointment to complete the works.
You will be notified of any other costs involved prior to work commencing so that you can make an informed decision as to whether you wish to proceed with further remedial works. The technician will advise you as to any of the above on the day of his visit. If you are not available then we will notify you at the earliest opportunity.
In the event for any of the above reasons that the works can not be completed on the day of the original visit, you will be required to pay the pre quoted call out/breakdown fee. All additional works will be charged on our return visit once agreed.
22 Return visit/Rebooked work
All additional works required, booked as part of a return visit or rebooked work will not incur a second call out/breakdown fee providing that the visit falls within ninety days of the original call out/breakdown. Labour on site and Parts (if applicable) will be charged on completion of the return visit. Prices for spare parts may be subject to change during this period but you will be advised and agreed prior to our visit.
The above applies to ongoing jobs only and does not apply to new unrelated faults that may develop following a repair or a service.
23 Parts supplied by the engineer
Our technicians carry as many parts as possible on their vehicles and will stock any parts felt necessary prior to attending to a scheduled visit on site that they envisage will be required. However, as this is on the basis of the fault description provided, occasionally other parts may be required and a return visit/rebook may be required – please see Clause 22 above. If a part is not in stock on the engineers vehicle and has to be ordered in from our supplier then we will advise you of this as soon as possible and provide you with an estimated date of arrival and costs if applicable. Once the part is received we will book an appointment for you for the earliest available date.
Cancellation by you is free from charge providing that it is made in writing by post, email or telephone with a minimum forty-eight hours notice. Cancellation with less than forty-eight hours notice will incur a £50 cancellation fee. The cancellation policy does not apply in any event if the cancellation is made with one hour of the appointment being confirmed.
Cancellation by us will be notified in writing by email following a phone call. We will always endeavour to complete all scheduled appointments accept for events beyond our control such as extreme weather or staff sickness.
SPAFIX does not take responsibility for damages or loss of earnings for failed appointments.
25 Insurances and warranty
SPAFIX are covered by full public liability insurance. SPAFIX provide ninety days Labour warranty and twelve months new Parts warranty following all completed works. New unrelated faults are not covered by this agreement.