Clauses 1 through 12 are applicable to the following sub-Sections:
- A. Online Shop for Parts
- B. Repairs and Servicing
- C. Hot Tub Sales
1 Company Information
SPAFIX SERVICES LTD (“SPAFIX”), 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.
Please refer to SPAFIX’s’ website at spafix.co.uk for information about how to contact us.
2.1 A “business day” means any day other than a Saturday, Sunday or bank holiday.
2.2 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
2.3 Words imparting the singular number shall include the plural and vice-versa.
2.4 For the purposes of this document SPAFIX may be referred to as any of the following: Spafix, the company, Seller, our, us or we.
2.5 You (the customer) may be referred to as the customer, your, you, they or Buyer.
3 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.
4.1 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 as detailed in Clause 1. All Notices from us to you will be displayed on our website from time to time.
In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).
7 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 first 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.
9 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.
10 Governing Law
10.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by and construed in accordance with, the laws of England and Wales.
10.2 Any dispute, controversy, proceedings or claim between the Seller and the Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
11 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.
A. Online Shop for Parts
Clauses 13 through 21 apply to sub-Section A. Online Shop for Parts only.
13 The Contract Between Us
13.1 SPAFIX Online Shop is a trading name of Vortex Distribution Ltd which will appear during checkout and on your invoice.
13.2 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.
14.1 The prices payable for Goods that you order are as set out on our website.
14.2 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.
14.3 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.
14.4 We are happy to make amendments to your order; however, the below rules must be followed for same day dispatch to be viable.
14.4.1 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.
14.4.2 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.
14.4.3 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.
15 Right For You To Cancel Your Contract
15.1 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.
15.2 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.
15.3 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.
15.4 To cancel your Contract you must notify us in writing or by email to firstname.lastname@example.org
15.5 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
15.6 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:
15.6.1 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
15.6.2 we were notified by the seventh working day from the date you receive the ordered Goods.
15.7 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.
15.8 You must notify us of any damaged goods within seven days of delivery.
16 Cancellation by Us
16.1 We reserve the right to cancel the Contract between us if:
16.1.1 we have insufficient Stock to deliver the Goods you have ordered
16.1.2 we do not deliver to your area or
16.1.3 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.
16.2 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.
17 Delivery of Goods to You
17.1 We will deliver the Goods ordered by you to the address you give us for Delivery at the time you make your Order.
17.2 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.
17.3 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.
18.1 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
18.2 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:
18.2.1 to make good any shortage or non-delivery
18.2.2 to replace or repair any Goods that are damaged or defective or
18.2.3 to refund to you the amount paid by you for the Goods in question in whatever way we choose.
18.3 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 sub-Clause 18.2 above.
19.1 All items and products supplied through this website have a twelve-month Warranty from the 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.
19.2 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
21 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 or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control. Such causes include, but are not limited to power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
B. Repairs and Servicing
Clauses 22 through 26 apply to sub-Section B. Repairs and Servicing only.
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 every thirty minutes elapsed. These charges are payable on the day of the technician’s 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 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 cannot 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.
23 Return Visit/Rebooked Work
All additional works required, booked as part of a return visitor 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.
24 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 23 above. If a part is not in stock on the engineer’s 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 at 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 within 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.
26 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.
C. Hot Tub Sales
Clauses 27 through 41 apply to sub-Section C. Hot Tub Sales only.
27.1 The description of the Goods are as set out on the Seller’s website and confirmed in the invoice. In placing their order the Buyer has acknowledged that it does not rely on any other representations regarding the Goods save for those made in writing by the Seller. No descriptions of the Goods set out on the Seller’s website shall be binding on the Seller and are intended as a guide only.
27.2 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.
28.1 Subject to sub-Clause 28.2, the price (“Price”) of the Goods shall be that detailed on the Sellers’ website, accepted by the Buyer and confirmed in the invoice.
28.2 Any increase in the cost of the Goods to the Seller due to any factor beyond the Seller’s control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, shall be reflected in this invoice in accordance with the Sellers right to increase the Price prior to delivery.
28.3 Any increase in the Price under sub-Clause 28.2 shall only take place upon the Seller informing the Buyer of the increase in writing.
28.4 The Price is exclusive of fees for packaging and transportation/delivery unless otherwise stated.
28.5 The Price shown on the Sellers’ website is inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority. The price shown on the order confirmation and invoice will show VAT separately.
29 Basis of Sale
A legally binding contract between us and you will be created upon our acceptance of your order, indicated by our invoice and upon receipt of any applicable deposit.
30 Distance Selling Regulations
30.1 Any order placed online, by email or by telephone (i.e not placed at our usual business premise) will fall under the distance selling regulations and are subject to a 14-day return or exchange right subject to sub-Clause 30.5 below.
30.2 Any request to exercise this right must be made in writing within 14 days of delivery of the goods.
30.3 The goods must be unused and in an ‘as new’ condition and failure to comply with this may result in the return being rejected and/or extra charges applied.
30.4 The goods must be returned to us within 14 days of the date we were notified of the return.
30.5 Distance selling regulations will not apply to any custom made orders. This includes any orders that have been adapted for the specific requirements of the customer. Where this is the case the order cancellation terms at Clause 31 will apply.
31 Order Cancellations
31.1 Where the distance selling regulations do not apply and you wish to cancel your order we will do our utmost to find an alternative product and/or payment method to suit your needs.
31.2 If we cannot reach an alternative solution and you still wish to cancel your order before delivery, a cancellation charge of 30% will apply.
31.3 The request to cancel must be made in writing at least 5 days before the planned delivery date (if this has been booked).
32.1 The Buyer shall pay the Price stated on the invoice, within the terms as stated on the invoice, or otherwise in accordance with any credit terms agreed between the Seller and the Buyer.
32.2 Payment must be made by the Buyer notwithstanding that delivery may not have taken place and/or that the property in the Goods has not passed to the Buyer.
32.3 Time for payment is of the essence of the Contract between the Seller and the Buyer.
32.4 All payments must be made in GBP unless otherwise agreed in writing between the Seller and the Buyer.
33 Finance Agreements
33.1 The Seller will make an application on behalf of the Buyer through the finance provider at the point of order.
33.2 The finance provider will carry out all necessary credit checks and the application will be either accepted or declined.
33.3 If accepted, the Finance Agreement must be signed by the Buyer forming a legally binding agreement between the Buyer and the Finance provider. The Buyer is then legally bound to pay the amounts specified on the Finance Agreement and consequences of not keeping up with these repayments shall be detailed on the Finance Agreement.
33.4 Delivery of the Goods will only be arranged after the Seller has received the Finance Agreement signed by the Buyer.
34.1 The Seller will deliver the Goods on a date mutually agreed by both the Seller and Buyer. If delivery is delayed for any reason under no circumstances can compensation be considered or paid.
34.2 Lead times will vary for non-stock items. We will always provide our best estimate of lead time based on the information we have but changes to this may be out of our control.
35 Inspection of Goods
35.1 The Buyer is under a duty to inspect the Goods on delivery or collection.
35.2 If the Goods cannot be examined, the carriers note or such other note as appropriate must be marked “not examined”.
35.3 If the Buyer identifies any damage or shortages they must inform the Seller in writing within 7 days of delivery, providing details of the alleged damage or shortage. The Seller shall not be liable if the Buyer fails to provide such notice.
35.4 The Seller must be permitted to inspect the affected Goods before the Buyer uses, alters or modifies them in any way.
35.5 Subject to the Buyer’s compliance with Clause 35 and the Seller’s agreement with any alleged damage or shortages, the Seller shall make good any and all damage and shortages within a reasonable time.
35.6 The Seller shall be under no liability for and shall not indemnify the Buyer against any matters arising from damage or shortages.
36 Return of Faulty Goods
36.1 Faulty goods include those which are of unsatisfactory quality, not fit for purpose and/or not as described.
36.2 The Seller will offer either a repair, exchange or refund for any faulty goods rejected within 30 days of the date ownership began.
36.3 If the goods are rejected after 30 days from the date ownership began the Seller will offer to repair or replace the faulty goods.
36.4 The Seller shall only accept returned Goods if satisfied that those Goods are faulty.
36.5 The Seller shall not be liable for defects arising out of normal wear and tear, the Buyer’s failure to follow any instructions given by the Seller, misuse or alteration of the goods, negligence, wilful damage or any other act of the Buyer, its employees, agents or any other third party.
37 Risk and Title
37.1 Risk of damage to or loss of the Goods shall pass to the Buyer either when the Goods are delivered to the Buyer or when the Seller notifies the Buyer that the Goods are ready for collection.
37.2 If the Buyer wrongfully fails to take delivery of the Goods, risk shall pass to the Buyer at the time when the Seller has tendered delivery of the Goods.
37.3 Legal and beneficial title in the Goods shall not pass to the Buyer until the Seller has received, in cash or cleared funds, payment in full of the Price.
37.4 The Seller reserves the right to repossess any Goods in which the Seller retains the legal and beneficial title if full payment is not received in accordance with Clause 32. In the event of such repossession, the Buyer shall deliver the Goods in which legal and beneficial title has not passed to the Seller at its own cost.
37.5 The Buyer’s right to possession of the Goods in which the Seller retains legal and beneficial title shall terminate if:
37.5.1 the Buyer commits a material breach of its obligations under these Terms and Conditions;
37.5.2 the Buyer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors;
37.5.3 the Buyer enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
37.5.4 the Buyer convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator in respect of the Buyer, notice of intention to appoint an administrator is given by the Buyer or any of its directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer.
38 Rights, Warranties and Liability
38.1 We only supply Goods for domestic and private use. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). By making your Order, you agree that you will not use the Goods for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
38.2 Separate terms and conditions will apply to any goods supplied for business use.
38.3 The Seller shall not be liable for any loss or damages of any nature, direct or indirect or consequential damages suffered or incurred by the Buyer for whatever reason.
38.4 The exclusions of liability contained within this Clause 38 shall not exclude or limit the liability of the Seller:
38.4.1 for death or personal injury caused by the Seller’s negligence;
38.4.2 for any matter for which it would be illegal for the Seller to exclude or limit its liability; and
38.4.3 for fraud or fraudulent misrepresentation.
39.1 All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
39.2 Notices shall be deemed to have been duly given:
39.2.1 when delivered, if delivered by courier or another messenger (including registered mail) during the normal business hours of the recipient;
39.2.2 when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
39.2.3 on the fifth business day following mailing, if mailed by national ordinary mail; or
39.2.4 on the tenth business day following mailing, if mailed by airmail.
39.3 All notices under these Terms and Conditions shall be addressed to the most recent address, email address or fax number notified to the other party.
40 Events Beyond our Control
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.