Terms And Conditions
Consumer Terms and Conditions of Sale
These Terms and Conditions of Sale set out important information and conditions regarding your orders and purchases of products (the “Products”) and Product installation services (the “Installation Services”) from us.
In these Terms and Conditions of Sale “us”, “we” and “our” means Kiwi Spas.
BEFORE YOU PLACE AN ORDER, YOU SHOULD READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR ORDER.
1.1 These Terms and Conditions of Sale including our Website User Terms and Conditions and Website Privacy Policy will apply to any contract between us for the sale of Products and/or Installation Services to you (“Contract”).
1.2 Please read these Terms and Conditions of Sale carefully and make sure that you understand them, before ordering any Products and/or Installation Services from us.
1.3 In particular your attention is drawn to the clauses concerning our liability to you
1.4 You will be asked to read and agree to these Terms and Conditions of Sale before you place an order for Products and/or Installation Services from us. If you refuse to accept these Terms and Conditions of Sale you will not be able to order any Products and/or Installation Services from us. We intend to rely on these Terms and Conditions of Sale and it is our intention that you will be legally bound by them when you order Products and/or Installation Services from us. Please read them carefully. If you have any questions about these Terms and Conditions of Sale, please contact us before placing an order.
1.6 Whenever we revise these Terms and Conditions of Sale including our Website User Terms and Conditions and Website Privacy Policy we will keep you informed and give you notice of this by stating that these Terms and Conditions of Sale including our Website User Terms and Conditions and Website Privacy Policy have been amended and the relevant date that the amended terms will apply from.
1.7 Any revisions will not affect any orders we have already accepted from you.
1.8 We will not necessarily keep a copy of these Terms and Conditions of Sale specifically in relation to your order. We will, however, provide you with a copy of these terms by email to confirm the contract after it has been concluded.
1.9 These Terms and Conditions of Sale, and any Contract between us, are only available in the English language.
2.1 Details about the range of Products we offer are set out on the Website. The Website also includes full specifications for each of our Products.
2.2 The images of the Products on our Website are for illustrative purposes only.
2.3 Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.4 All Products shown on our Website are subject to availability. We do not stock our all of our Products ready for shipping, and many Products are made to order. Before you place your order, you will be informed whether your selected Product is in stock, or whether it will be made to order.
3.1 We only use your personal information in accordance our Website Privacy Policy. For details, please see our Website Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
4.1 If we fail to comply with these Terms and Conditions of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions of Sale or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
4.2 If we are providing the Position & Delivery and/or Installation Services to you, we will make good any damage to your property caused by us in the course of installation or performance. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation and/or performance by us. Similarly, we are not responsible for any damage to your property caused by any other third party suppliers providing services to you which relate to the Product(s), including, but not limited to, suppliers of Third Party Crane Services and/or electricians.
4.3 We only supply the Products, Position & Delivery and Installation Services for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4.4 We do not in any way exclude or limit our liability for:
4.4.1 death or personal injury caused by our negligence;
4.4.2 fraud or fraudulent misrepresentation;
4.4.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
4.4.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
4.4.5 any breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
4.4.6 any breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples);
4.4.7 as from 1st October 2015, any breach of the terms for which liability cannot be limited or excluded as provided for under section 31 and/or section 57 of the Consumer Rights Act 2015; and
4.4.8 Defective products under the Consumer Protection Act 1987.
4.5 Some of the Products we sell to you come with an additional manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to Terms and Conditions.
4.6 It is essential that you comply with all instructions and guidance provided to you in connection with your use of the Products. If you have any doubts as to the suitability of the Products for your intended purposes, you should seek expert advice and, where appropriate, engage persons of suitable expertise to deal with the Products. We will not be liable to you for any losses or damage you suffer, including any damage to the Products, as a result of your failure to comply with the instructions and guidance provided to you in connection with your use of the Products.
4.7 Where you discover any problems with the Products, please call us as soon as possible after discovering such problems. We will work with you to determine the nature of such problems and to ascertain whether or not the problem was as a result of:
4.7.1 a fault existing at the time of delivery; or
4.7.2 Whether the problem has arisen as a result of any actions or lack of actions on your part to use or deal with the Products in the correct way.
5.1 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 an Event outside Our Control.
5.2 Force majeure. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
5.3.1 we will contact you as soon as reasonably possible to notify you; and
5.3.2 Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event outside Our Control is over.
6.1 We will treat all your personal information that we collect in connection with your order of Products in accordance with our Privacy Policy.
6.2 We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions of Sale. We will always notify you in writing or by posting on this webpage if this happens.
6.3 You may only transfer your rights or your obligations under these Terms and Conditions of Sale to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty to the recipient of the gift without needing to ask our consent.
6.4 The Contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty .
6.5 Each of the paragraphs of these Terms and Conditions of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
6.6 If we fail to insist that you perform any of your obligations under these Terms and Conditions of Sale or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
6.7 If you are a consumer, please note that these Terms and Conditions of Sale are governed by English law. This means a contract for the purchase of Products and/or Installation Services and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.