Terms and Conditions

 

Website Terms and Conditions of Supply

 

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.danz.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

 

You should print a copy of these terms and conditions for future reference.

 

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

 

1. INFORMATION ABOUT US

 

1.1 www.danz.co.uk is a site operated by Danz Limited (we). We are registered in England and Wales under company number 5793008 and our registered office is at Mercury House, Shipstones Business Centre, North Gate, Nottingham NG7 7FN, which is also our main trading address. Our VAT number is 976 7479 44

 

2. SERVICE AVAILABILITY

 

Our site is only intended for use by people resident on the mainland of Great Britain and Northern Ireland and we deliver only to addresses on the mainland of Great Britain and Northern Ireland. We do not accept orders from individuals resident at or deliver to addresses elsewhere, including the Channel Islands and the Isle of Man.

 

3. YOUR STATUS

 

By placing an order through our site, you warrant that:

 

(a) You are legally capable of entering into binding contracts;

 

(b) You are at least 18 years old;

 

(c) You are resident on the mainland of Great Britain and Northern Ireland; and

 

(d) You are accessing our site from the mainland of Great Britain and Northern Ireland.

 

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

 

4.1 You may place an order and make payment by credit or debit card using our secure server [Link to online order form] or you may telephone your order and credit or debit card details to us. Telephone orders are accepted only on the basis of these terms and conditions.

 

4.2 Please note that placing an order does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and are accepted only if the full price and delivery charge (for accessories and chemicals) or the deposit (for hot tubs and showers) has been received by us. We will confirm acceptance to you by sending you an invoice by email (if you have placed your order via our site) or letter and the contract between us (Contract) will only be formed when we do so.

 

4.3 We will issue a Dispatch Confirmation by email when the Product is shipped by us or the manufacturer confirms the estimated date of delivery. For hot tubs and showers our carriers will contact you to arrange a mutually convenient delivery date.

 

4.4 Accessories and Chemicals will normally be delivered within 7 days of the Dispatch Confirmation unless you have ordered them with a hot tub or shower, in which case they will be delivered with or before the hot tub or shower.

 

4.5 Hot tubs and showers will normally be delivered within 6 weeks of the Dispatch Confirmation.

 

5. CONSUMER RIGHTS

 

5.1 If you are contracting as a consumer, then except in the case of a hot tub or shower customized to your specific requirements you may cancel a Contract at any time before delivery or within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in paragraph 10 below).

 

5.2 To cancel a Contract, you must inform us in writing and (if the Products have been delivered to you) return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.

 

5.3 You will not have any right to cancel a Contract for Products if they have been used or (in the case of hot tubs and showers) installed.

 

5.4 This provision does not affect your statutory rights.

 

6. AVAILABILITY AND DELIVERY

 

6.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

 

6.2 If you have ordered a hot tub or shower

 

6.2.1 you warrant that there is an unobstructed good hard road surface to the point at which the hot tub or shower is to be unloaded from the delivery lorry,

 

6.2.2 unless the Hot Tub or shower is stated on our site to be ‘plug and play’ you are responsible for ensuring that the necessary power supply has been correctly installed by an appropriately qualified electrician in accordance with the requirements specified on our site, and

 

6.2.3 you must provide a solid, flat surface for the hot tub designed to carry a load of at least 150 lbs per square foot.

 

6.3 If you have ordered a hot tub or shower but not also ordered our installation service it is your responsibility to unload the hot tub or shower from the lowered tailgate of the delivery vehicle and to install it. You must provide sufficient labour to unload the hot tub or shower from the delivery vehicle, store the hot tub or shower until it is installed by you or your contractor and install the hot tub or shower correctly and in accordance with our recommendations.

 

6.4 On delivery you should inspect the Product as soon as reasonably practicable and notify us as soon as possible of any items that are missing, damaged or defective.

 

7. INSTALLATION

 

7.1 At an additional cost we offer an installation and commissioning service which includes positioning the hot tub on delivery, installing the hot tub, connecting it to the electrical supply (installed by your contractor unless the hot tub is ‘plug and play’, and commissioning the hot tub. If you order this service you warrant that there is a suitable access route (meeting the criteria set out on our site) from the place at which the hot tub is to be unloaded from the delivery lorry to the place at which it is to be installed, and your warranties and obligations set out in clauses 6.2 will still apply.

 

8. RISK AND TITLE

 

8.1 The Products will be at your risk from the time of delivery. Where you order a Hot Tub or shower and do not order the positioning or installation service this will be when the delivery vehicle arrives at the delivery address.

 

9. PRICE AND PAYMENT

 

9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

 

9.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as shown on the relevant Product page on our site. The prices of Products do not include installation, as described in clause 7, for which additional fees are payable as agreed between us.

 

9.3 Prices of Products on our site are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice.

 

9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

 

9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

 

9.6 Payment for all Products must be by credit or debit card or (if we have so agreed in advance) by bankers draft or cheque. We accept payment with Visa, Mastercard, Delta and Switch.

 

9.7 We may at our discresion choose to accept an order upon receipt of a deposit. In this instance, we will not dispatch your spa until the final balance has been received.

 

10. OUR REFUNDS POLICY

 

10.1 When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product.

 

10.2 Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

 

10.3 Products returned by you within the seven-day cooling-off period (see paragraph 5.1 above) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.

 

11. WARRANTY AND OUR LIABILITY

 

11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and hot tubs supplied by us also have the benefit of the warranty set out in the Schedule to these Terms and Conditions.

 

11.2 Subject to clause 11.1, our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.

 

11.3 This does not include or limit in any way our liability:

 

(a) For death or personal injury caused by our negligence;

 

(b) Under section 2(3) of the Consumer Protection Act 1987;

 

(c) For fraud or fraudulent misrepresentation; or

 

(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

 

11.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, waste of your time or that of any of your contractors or employees or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

 

13. WRITTEN COMMUNICATIONS

 

Applicable laws require that some of the information or communications we send to you should be in writing. If you order goods or services from us via our site or otherwise notify us of an email address for you, you accept that communication with us may be mainly electronic. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

14. NOTICES

 

All notices given by you to us must be given to Danz Limited at Mercury House, Shipstones Business Centre, North Gate, Nottingham NG7 7FN OR info@danz.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 13. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

15. TRANSFER OF RIGHTS AND OBLIGATIONS

 

15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

 

15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

 

15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

 

16. EVENTS OUTSIDE OUR CONTROL

 

16.1 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 events outside our reasonable control (Force Majeure Event).

 

16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

 

(a) Strikes, lock-outs or other industrial action.

 

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

 

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

 

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

 

(e) Impossibility of the use of public or private telecommunications networks.

 

(f) The acts, decrees, legislation, regulations or restrictions of any government.

 

16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

17. WAIVER

 

17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

 

17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

 

17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 14 above.

 

18. SEVERABILITY

 

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

19. ENTIRE AGREEMENT

 

19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

 

19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

 

19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

 

20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

 

20.1 We have the right to revise and amend these terms and conditions from time to time.

20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you our invoice (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the invoice).

 

21. LAW AND JURISDICTION

 

Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

THE SCHEDULE - OUR HOT TUB WARRANTY

• DanZ Hot Tubs are designed to last a lifetime. Our tubs are individually built and are not simply rolled off a conveyor belt. We take great pride in the quality of our hot tubs. They go through a number of quality checks before they are packed and shipped.

In the unlikely event that your hot tub has a defect, please call us to report the defect on 0115 714 9998. It may be that you can take simple steps to restore your hot tub to working order, and if so we will give you instructions by telephone on how to do this. If this is not possible and there is defect in a part because of defects in materials or workmanship then for as long as the part is covered by this warranty we will send a replacement part to you. If the part is in stock we will send the replacement part using a next day courier service. If we don't have the required part in stock we will order it and forward it to you within one working day of receiving it from the manufacturer.

Most replacement parts can be fitted by you, and we can provide advice on how to do this. If we send you a replacement part for you to fit, we reserve the right to ask you to return the original defective part to us for examination. If the part is not defective because of defects in materials or workmanship or is not covered by this warranty, we reserve the right to charge you for the cost of the replacement part and of sending it to you.

If a part is not suitable for installation by you we have qualified service engineers and technicians all around the UK and will arrange for an engineer or technician to call to fit the replacement part without charge within 14 days if the original part was covered by this warranty. Please note that if we send an engineer or technician and the reported defect is not covered by this warranty (for instance if the part has failed because of your negligence or deliberate act) then we reserve the right to make a charge for the unnecessary callout at our standard rate I force at the time (currently £40 per hour plus VAT and a mileage rate of 40 pence per mile plus VAT from the technician’s office to the location of the hot tub).

We offer the following warranties on our hot tubs.

3 Year Shell Warranty
The acrylic surfaces of DanZ hot tubs are covered against defects in materials and workmanship for a period of 3 Years.

2 Year Component Warranty
Electrical and mechanical components, such as pumps, jets, air valves, levers and bezels, are covered against defects in materials and workmanship for two years. Some parts, consumable items such as filter cartridges which need to be replaced from time to time and ancillary items such as the filter lid, spa pillows and cover locks are not included in this warranty, but are covered against defects in materials and workmanship at the time of delivery.

1 Year Cabinet Warranty
The wooden/PVC cabinet is covered against defects in materials and workmanship for one year, specifically the cabinet's structural integrity including the wooden/PVC framing material, and all bonded joints in the cabinet. The cosmetic finish of the cabinet is warranted to be free from defects in materials and workmanship at the time of initial delivery. Fading and weathering of the surface of the cabinet will occur naturally over time, and are not defects.

LIMITATIONS AND EXCLUSIONS
This warranty does not cover the following:-

• Transportation costs (other than the cost of sending a replacement part to you) or other consequential damages.
• The cost of removal or installation of a complete hot tub or replacement hot tub.
• Fading of colour, stains or discolouration after delivery
• Any damage caused by the improper use of chemicals or improperly maintained water chemistry. Improper water chemistry could result in damage to support equipment or pose a possible health hazard.
• Damage caused by accident, abuse, misuse, improper installation (unless installed by us), exposure to fire or hazards of nature (e.g. earthquake or flood)

LEGAL RIGHTS
This Limited Warranty gives you specific legal rights. It in no way affects your statutory rights and is only applicable in the UK.

ASSIGNMENT
This warranty is personal to and for the sole benefit of the original purchaser of the hot tub at the original site of installation, and is not assignable without DanZ Ltd’s express permission.

DISCLAIMER
Hot tubs must be completely covered with an insulating cover at all times when not in use. Failure to do so could cause damage to the surface and void the warranty. The hot tub must be placed on a solid, flat surface that is designed to carry a minimum of 150 lbs per square foot load. Failure to do so could result in surface sagging or collapsing with stress damage to the spa, voiding the warranty.