Terms & Conditions
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 websites www.rghottubs.shop (our sites) 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 We are registered in England and Wales under company number 12412403 and with our registered office at 13 Harwich Close, Lincoln, Lincolnshire, LN5 9UG. VAT registration number is GB348385466.
2. SERVICE AVAILABILITY
Our site is only intended for use by people or businesses resident in the United Kingdom. We do not accept orders from individuals or businesses outside the United Kingdom.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) Your are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident in the United Kingdom; and
(d) You are accessing our site from the United Kingdom.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this 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 we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. CONSUMER RIGHTS
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within 7 working days, beginning on the day 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 clause 9 below) less any re-stocking charges that may apply.
5.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
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 unless there are exceptional circumstances.
6.2 Any damage / claims MUST be notified to RG Hot Tubs Ltd" within 48 hours of receipt otherwise no responsibility will be accepted by RG Hot Tubs Ltd.
6.3 We offer only Kerbside delivery.
6.4 The buyer requires arranging the person, who will be helping to unload internal doors by hand.
6.5 All hot tub deliveries are made by van with tail-lift. If the ground is not suitable for the manual pallet truck to move, then we provide the kerbside delivery only. If the ground is fine and the access is wide enough, then the driver move it into the back garden.
6.6 The driver WILL NOT be helping to move the hot tub to the final location. Moving goods from Kerbside is at your risk and responsibility.
6.7 Damage to lawns, flower beds, driveways adjacent to a narrow or difficult access route will be the responsibility of the customer.
6.8 It is recommended to the customer to discuss the delivery process and arrangements with the seller prior to the order.
7. RISK AND TITLE
7.1 The Products will be at your risk from the time of the
delivery. All goods in transit are responsibility of the seller. All
goods are protected with CMR insurance.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges. Also the buyer must sign CMR paperwork.
8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 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 state 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.
8.5 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.
8.6 Payment for all Products must be by credit or debit card. We accept payment with MasterCard, Visa, Maestro and Visa Electron. We will charge your credit or debit card at the point of order.
9. OUR REFUNDS POLICY
9.1 These rights during the ‘Cooling off period’ and other rights or obligations only apply to consumers and not to business buyers.
9.2 As a consumer you have the right to cancel your order for any reason within 7 working days from the date of delivery. To do so you must notify us in writing (preferably email) within those seven days.
9.3 Orders placed for made to measure products may not be cancelled. All made to measure products are manufactured to normal manufacturing standards with a +/-1.5mm tolerance on widths and heights. Goods will be manufactured to agreed and signed for specifications, without exception. Any costs incurred from changes made after acceptance in writing will be charged at full commercial rates.
9.4 If the ordered products have not been dispatched by us at the time of cancellation, we will refund to you all the monies paid by you within 14 days of received funds.
9.5 If the products have been received or dispatched to you, and it is your intention to cancel, then the goods should not be unpacked on arrival and very important must be returned on the original pallet they are supplied on for protection. The goods must also be returned by a reputable carrier to minimise the risk of damage and by arrangement with our transport department. Please call our customer service department to arrange returns.
9.6 While in your possession you must keep any products, you intend to return to us in good condition. You will be responsible if they are lost, damaged, or destroyed whilst they are in your possession as ownership of the goods and title pass to you on delivery.
9.7 The goods must be returned to us in good condition and within 14 days of receipt by you and we reserve the right to check on arrival back at our premises that there is no damage or missing parts.
9.8 On arrival back at our premises we will refund all monies paid by you less transport cost for returning goods, less an administration/restocking charge (generally 15% of the delivered price with a minimum of £85 on order values less than £500) and less any costs for damages or missing parts. This process normally takes up to 14 days to process the refund, after return.
9.9 If the product is received by you and has transit damage to the outer packaging, then this must be noted when signing the carrier’s delivery note or handheld computer. If it is obvious that the whole set has been damaged during transit, then you can refuse delivery and ask for a replacement set to be sent.
9.10 If when unpacking the goods and within 48 hours of delivery you find that there is a manufacturing fault or missing parts then there is no need to return the full set as you can contact our customer service department and they will send out replacement parts.
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased.
10.3 This does not include or limit in any way our liability for:
(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.
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
provided that this clause 10.4 shall not prevent claims for loss or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 10.4.
10.5 Please note that, since wood is a natural product and is subject to variations occurring naturally, it is not possible to guarantee an exact colour or total match in any window, please also note that any Products supplied will be unfinished unless otherwise stated.
10.6 If you feel that you have cause for complaint please email us before taking any further steps. We will endeavour to respond immediately to any complaint.
10.7 No liability will be accepted for Poor water management which can cause infections.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. 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.
All notices given by you to us must be given to RG Hot Tubs Ltd, 13 Harwich close, Lincoln, Lincolnshire, LN5 9UG. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email 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 email, that such email was sent to the specified email address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 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.
13.3 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.
14. EVENTS OUTSIDE OUR CONTROL
14.1 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).
14.2 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.
(g). Pandemics, quarantine due viruses or other diseases.
14.3 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.
15.1 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.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 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 clause 12 above.
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.
17. ENTIRE AGREEMENT
17.1 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.
17.2 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.
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time.
18.2 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 the Dispatch Confirmation (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 Products).
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.