Terms & Conditions

In these terms and conditions, the term ‘seller’ also means: anyone who refers to these terms and conditions in his offer; the contractor –the buyer: the person to whom the aforementioned offer is addressed; the client.

“Sunspa”: the company operated under the trade name Sunspa  by Sunspa Benelux V.O.F., established in Breda and registered in the trade register of the Chamber of Commerce of Breda under number 63131641.

“Buyer”: any natural or legal person who is in a contractual relationship with Sunspa, pursuant to a purchase agreement or other type of agreement concluded with us, as well as any natural or legal person who wishes to enter into a purchase or other type of agreement with us. In particular, “buyer” includes the person on whose behalf and on whose behalf products are supplied.

Applicability

2.1. These General Terms and Conditions apply to all offers made by Sunspa  and to all agreements entered into with Sunspa.

2.2. The provisions of these General Terms and Conditions can only be deviated from if and insofar as this has been expressly agreed in writing. This deviation is only valid if all partners and the third party(s) agree. A deviation can never be approved by a partner.

2.3. If the buyer also refers to his General Terms and Conditions, the buyer’s terms and conditions do not apply.

2.4. Where these General Terms and Conditions refer to (delivery of) products, this also means the provision of services and activities.

2.5. Where these terms and conditions and the Internet site refer to forms, this includes the model forms as shown on our internet pages, including invoice receipts and also the copies thereof printed out unaltered by the buyer.

Offers

3.1 Additional agreements and/or commitments are only binding on us if these agreements and/or commitments have been recorded in writing by authorised representatives on behalf of Sunspa .

3.2 The offers or quotations on the Internet Site are to be regarded as an invitation to potential buyers to make an offer. They are therefore not binding on Sunspa Benelux in any way, unless the offer itself expressly states otherwise in writing. The order given to us is considered an offer and can only lead to the conclusion of the agreement if the conditions in article 3.4 are met.

3.3 All quotations and quotations are without obligation. These have a validity of 14 days. Delivery and fulfillment times are provided approximately.

3.4 An offer by the Buyer to enter into an agreement is deemed to have been made when Sunspa has received the order form completed by the Buyer. An agreement is concluded at the time we send our order confirmation to the buyer.

3.5 The Buyer and Sunspa expressly agree that a valid contract will be concluded by means of the electronic form of communication as soon as these conditions and the ordering procedure have been met. In particular, the lack of a signature does not detract from the binding force of the offer and its acceptance.

Price

4.1 The prices mentioned on the Internet site are valid for 7 days only. Sunspa does not guarantee the accuracy of the data mentioned on our website. The quotation is intended as an indication of the goods and services that can be delivered. Specifications and prices are subject to change without notice.

4.2 All prices are expressed in euros, including VAT and any disposal fee.

4.3 The method of packaging, shipping and the choice of packaging material are determined by us. Packaging will not be taken back by us, unless otherwise agreed in writing.

4.4 Our prices are based on the cost factors applicable at the time of the conclusion of the agreement
, such as currency exchange rates, manufacturer prices, raw materials and material prices, labor and transport costs, taxes, import duties and other government levies.

4.5 If our price lists or the order confirmation show a price that is incorrect, we reserve the right to charge the correct price. The buyer can then dissolve the agreement by making this known in writing and returning the delivered goods.

Calculations and descriptions

5.1 In the catalogues, on the website, drawings, measurements and weight statements and the like, the information stated are only intended to give a general representation of the facts. No rights can be derived from this data unless they are explicitly included in an agreement concluded by the parties.

5.2 The offer made by the seller, as well as the calculations, descriptions, models and the like made or provided by him, remain his property, regardless of whether costs have been charged for them.

5.3 No rights can be derived from the images, colours, specifications, dimensions, technical data and product descriptions shown on the website, in brochures, catalogues and other communications. All information and images mentioned are for illustrative purposes only and may differ from reality or from the actual product delivered.

Payment

The amount due to the seller must be paid to him immediately upon delivery or after the provision of services, unless otherwise agreed with him.

6.1 If, after entering into the agreement, Sunspa can reasonably have doubts about the creditworthiness of the buyer, it may, for (further) performance to be performed, require that the purchase price be paid in advance, or that a proper bank guarantee be provided, up to the amount that Sunspa may have to claim from the buyer under the agreement, at the discretion of Sunspa.

6.2 The Buyer shall also be responsible for all judicial and extrajudicial costs of any nature whatsoever that Sunspa has had to incur as a result of the Buyer’s failure to comply with its obligations. The extrajudicial collection costs are calculated according to the collection rate recommended by the Dutch Bar Association with a minimum of EUR 75.00 excluding VAT.

6.3 If the buyer does not pay within the agreed period, he is deemed to be in default by operation of law and the seller has the right to charge him interest from the due date from the due date at a percentage of 4 points above the promissory note discount of the Dutch Bank and also all judicial and extrajudicial costs related to the collection of his claim.

Delivery times and delivery times

7.1 The delivery time starts at the latest of the following times: – the day of conclusion of the agreement. – the date on which the vendor receives the documents, data, authorisations and the like necessary for the performance of the contract. – the date of receipt by the seller of what must be paid in advance by the buyer in accordance with the contract for the commencement of work.

7.2 If a delivery date or week has been agreed, the delivery time is the period between the date of conclusion of the agreement and the delivery date or week.

7.3 The delivery time is based on the working conditions applicable at the time of conclusion of the agreement and on timely delivery of the materials ordered by the seller for the performance of the work. If, through no fault of the seller, there is a delay as a result of a change in the said working conditions or because materials ordered in time for the execution of the work are not delivered to the seller on time, the delivery time will be extended to the extent necessary.

7.4 The product is deemed to have been delivered with regard to the delivery time when it is available for transfer of possession to the buyer, or at least can be put under his control, and is ready, and the buyer has been informed of this.

7.5 The mere fact that the delivery time is exceeded does not mean that the seller is in default by operation of law. To this end, a further notice of default is always required.

7.6 Exceeding the delivery time does not entitle the buyer to carry out or have carried out work for the execution of the agreement without judicial authorisation.

7.7. If the buyer requests that the delivery of products take place in a manner other than usual, we may charge the buyer for the associated costs.

7.8 If the Products are damaged, Sunspa  will deduct the lower of the following amounts from the amount to be credited: – the repair costs, or – the value of the Product.

Retention of title

8.1 Immediately after the product is considered to have been delivered within the meaning of Article 7 paragraph 4, the buyer bears the risk for all direct and indirect damage that may arise to or as a result of this product, except insofar as it is attributable to the fault of the seller. The seller is entitled to sell the goods after the expiry of a period of 6 months after the product is considered to have been delivered and to account for the sales price after deduction of the amount owed by the buyer.

8.2 Without prejudice to the provisions of the preceding paragraph and Article 7 paragraph 4, ownership of the product shall not pass to the buyer until all the amounts owed by the buyer to the seller in respect of supplies or work, including interest and costs, have been paid in full to the seller.

Advertising and warranty spas / jacuzzis / hot tubs

9.1 Complaints regarding visible defects must be made immediately after discovery, but no later than 10 working days after the actual transfer of the item. Complaints in respect of non-visible defects must be made immediately after discovery, but no later than 10 working days after the expiry of the warranty period referred to in paragraphs 2 and 3. If the aforementioned deadlines are exceeded, any claim against the seller in respect of the defects in question lapses. Legal actions in this regard must be brought within 1 year after the timely complaint, under penalty of forfeiture.

9.2 Without prejudice to the restrictions set out below, the seller guarantees both the soundness of the product delivered by him and the quality of the material used and/or delivered for it, for a period of 6 months after delivery in accordance with article 7 paragraph 4, unless a different period has been expressly agreed, and with the exclusion of visible defects.

9.3 From the date of installation, Sunspa Benelux grants a warranty of 5 years on the tub, 2 years on the casing, 2 years on all electrical and technical components such as the pumps, hoses, LEDs, control unit, etc., 2 years on the heater and 1 year on the ozonator. Jets are excluded from warranty, all the more so because the buyer can never guarantee or demonstrate that he or she has always managed to maintain the pH at the correct value.

The warranty for the fairing is structured as follows:

• 1st year: 100 % Guarantee
• 2nd year: 100% Guarantee
• 3rd year: 75% Guarantee
• 4th year: 50% Guarantee
• 5th year: 25% Guarantee
• Other damage to fairing
• 1st year: 100 % Guarantee
• 2nd year: 80% Guarantee
• 3rd year: 60% Guarantee
• 4th year: 40% Guarantee
• 5th year: 20% Guarantee

You can take out an additional service contract with your installer in addition to the usual manufacturer’s warranty. At the time of installation, the installer will fully inform you about this. The warranty is void if one or more parts are broken due to a malfunction caused as described below. Please read through it before using the spa.

9.4 The warranty does not cover defects that occur in or are wholly or partly the result of: – the buyer’s failure to comply with operating and maintenance instructions or other than the intended normal use. – normal wear and tear. – assembly/installation or repair by third parties, including the buyer. – the application of any government regulation concerning the nature or quality of the materials used. – materials or items used in consultation with the buyer. – materials provided by the buyer to the seller for processing. – materials, goods, working methods and constructions, insofar as they are applied on the express instructions of the buyer, as well as materials and goods supplied by or on behalf of the buyer. – parts purchased by the seller from third parties, provided that the third party has not provided a warranty to the seller.

9.5 Neither the supplier nor the seller are responsible for any incorrect installation, misuse or modifications made by the buyer.

9.6 Modifications are understood to mean any action that may lead to a malfunction of the hot tub or any part thereof, or that renders the control system unsafe. Damage caused by incorrect support is not covered by the warranty. The owner of the spa hot tub is responsible for the correct condition of the support at all times. Improper use means any use of the hot tub that does not comply with the manual or use of the hot tub for purposes for which it was not designed.

9.7 If the Buyer does not fulfil, or does not comply properly or in a timely manner, with any obligation arising for him from the agreement concluded with the Seller or from a related agreement, the Seller shall not be obliged to provide any guarantee, by whatever name, with regard to these agreements.

9.8 The buyer must at all times ensure that the spa is free all around so that the technician can easily reach it on all sides of the spa.

9.9 In the event of (whether or not necessary) relocations or relocations of the spa, the buyer must at all times ensure that the spa is free to move. Surrounding extensions, canopies or gazebos must be demolished by the buyer himself. Sunspa Benelux is not liable for such work or costs.

9.10 If the buyer leaves the hot tub empty, rust may form on the barriers and jets present and the rubbers may dry out. If the spa does become empty and one of these problems occurs, this is not covered by the warranty.

9.11 If the buyer is not correctly updated on a weekly basis, the plasticizers will disappear from the plastic of the jets over time. Therefore, when you store the hot tub empty in winter, make sure that it is done in a responsible manner. Make sure the spa is completely empty and that the jets are neatly dried and cleaned. If this is not done, the undried jets will be affected and flash rust can develop. Flash rust due to negligent winterization is not covered by the warranty.

9.12 The ozonator and accessories come with a 1-year warranty. Excluded are the spa cover and spa cushions, because these are wear-sensitive products.

Complaints and warranty Saunas

10.1 Warranty Period

All saunas (including barrel saunas, cabins and pod saunas) are guaranteed for 12 months after delivery, only for manufacturing defects and/or material defects.

Electric heaters have a 24-month warranty, only on burning out the coil.

Damage caused by misuse, such as using too much water on the stove, is expressly excluded from the warranty.

10.2 Coverage
The warranty only covers defects that are demonstrably the result of a manufacturing defect. Damage caused by the following causes is expressly excluded from the warranty:

• Improper or improper use
• Incorrect installation or placement
• Normal wear and tear and signs of use
• Damage caused by weather influences (frost, heat, rain, snow, etc.)
• Wood rot or mold due to insufficient maintenance
• Discoloration, weathering, or other changes due to sunlight or environmental factors
• Damage due to cleaning or treatment contrary to the care instructions

10.3 Maintenance obligations
The buyer is responsible for regular maintenance of the sauna, including cleaning and periodic treatment of the wood with a suitable product. In the event of a warranty claim, the seller may require proof of maintenance (e.g. photos or maintenance records).

10.4 Warranty Procedure

Warranty claims must be made in writing within 30 days of discovery of the defect.

In the event of a valid warranty claim, the repair and/or replacement of parts is free of charge.

Call-out costs are at all times for the account of the buyer, regardless of whether it concerns a valid warranty claim or otherwise agreed.

If it turns out that the defect is the result of incorrect use, negligent maintenance or other causes that are not covered by the warranty, the repair costs will be fully borne by the buyer in addition to the call-out costs.

The seller decides whether a defective part will be repaired or replaced. No refunds will be made.

10.5 Limitations

Professional use, including rental, voids any warranty.

This warranty only entitles you to repair or replacement in accordance with the above provisions. Any further liability of the seller, such as consequential damage, loss of use or costs of third parties, is excluded to the extent permitted by law.

10.6 Roof BarrelSauna.

We offer a 2-year warranty including the structural part of the roof. The heather mats, which serve as decoration and decoration, are natural products. No 2-year warranty can be given for the heath mats. The lifespan and continuity of the heather mats (NATURAL PRODUCT) can be influenced by factors such as weather conditions and maintenance.

Cancellation and right of withdrawal for showroom purchases

11.1 Agreements concluded in the showroom or physical sales location of the seller are binding. The buyer has no legal right to cancellation or withdrawal, as there is no question of a distance purchase as referred to in Article 6:230o et seq. of the Dutch Civil Code.

11.2 If the buyer wishes to cancel the agreement after it has been concluded, this can only be done with the express written consent of the seller. In that case, the buyer will owe a cancellation fee of 25% of the total purchase price, unless otherwise agreed in writing. Any additional costs such as administration, ordering, storage or transport costs may be charged additionally.

11.3 The seller reserves the right to refuse a request for cancellation without further justification.

11.4 Delivery of the goods to a delivery address specified by the buyer takes place exclusively for the execution of the showroom purchase and does not lead to the creation of a right of withdrawal. The buyer acknowledges that the transport does not change the nature of the agreement.

11.5 The provisions of this article do not affect the legal rights of the buyer in the event of defects in the product (non-conformity).

Applicable law and disputes

12.1 All agreements concluded between the Buyer and Sunspa  and legal relationships arising therefrom shall be governed exclusively by Dutch law. Applicability of the Vienna Sales Convention is expressly excluded.

12.2. All disputes arising out of or in connection with the agreement to which these terms and conditions apply or the relevant terms and conditions themselves and their interpretation or performance will be settled by the competent court in Tilburg or the competent court in the customer’s place of residence, at the discretion of Sunspa , unless otherwise agreed.

12.3. Contrary to the legal rules for the jurisdiction of the civil courts, any dispute between the buyer and the seller, in the event that the court has jurisdiction, will be settled by the court in Breda. However, Sunspa Benelux remains entitled to sue the buyer before the competent court according to the law or the applicable international treaty.

12.4. If the buyer is a consumer or if his business or practice (including the buyer himself) employs three or fewer people, he has the right to opt for the settlement of the dispute by the civil court according to the law during one month after Sunspa Benelux V.O.F has invoked this provision in writing.

Liability

13.1 Subject to the obligations arising from the warranty, Sunspa Benelux is never obliged to pay any compensation to the buyer and others, unless there is intent or gross negligence on our part. Sunspa Benelux is not liable for consequential or trading loss, direct or indirect damage, loss of profit and downtime damage, including monetary damage by the buyer arising from any delivery or failure to deliver goods or by the goods themselves.

13.2 Sunspa Benelux is not liable for the proper and undisturbed functioning of the telecommunications infrastructure and the peripheral equipment used or for failure or inaccessibility of its system. This includes, but is not limited to, disruptions in the connection with Internet service providers, failures in the telecommunications connections used, full occupancy of lines, power failures and other failures.

13.3 Sunspa Benelux is also not liable for any damage caused by the temporary or temporary unavailability of the ordering option, inaccessibility or removal from the Sunspa Benelux Website due to maintenance or otherwise.

13.4 The buyer is obliged to indemnify us against all claims that third parties may assert against us with regard to the execution of the agreement, insofar as the law does not prevent the damage and costs in question from being borne by the buyer.

13.5. Sunspa Benelux accepts no liability with regard to the information provided by us about the products supplied by us. Sunspa Benelux also excludes any liability with regard to the advice and answers given by us to questions via e-mail and/or telephone.

General Obligations and Responsibilities

14.1 The Buyer is solely responsible for the choice, use and application of products and/or services provided by Sunspa Benelux.

14.2 If the ownership of a product has not yet been transferred to the buyer, the buyer shall use the product in question carefully and in accordance with any (other) instructions for use of Sunspa Benelux or Sunspa Benelux. Sunspa Benelux’s suppliers.

14.3 The purchaser shall immediately notify Sunspa Benelux in writing if any part of the products is lost or damaged.

14.4 The purchaser is obliged to inspect the products upon arrival and to report any defects immediately to Sunspa Benelux.

14.5 When using a Sunspa Benelux spa hot tub, the buyer agrees that Sunspa Benelux bears no responsibility for improper handling of the spa hot tub safety. If alcohol is consumed, Sunspa Benelux bears no responsibility for the consequences. Even if children, i.e. persons under the age of 16, use the spa bubble bath unaccompanied, Sunspa Benelux bears no responsibility for the consequences. See the supplied instructions for use from Sunspa Benelux for an overview of all instructions.

14.6 The warranty on our spas is only valid for non-commercial use. We are not liable for the use of our spas for commercial purposes.

14.7 If you choose to collect, transport and install your spa yourself, the call-out costs and installation costs in the event of defects in the spa are for the customer himself.

In this case, the customer still has a warranty on the spa parts. However, the customer must replace it himself. We will send the affected parts to the customer and ask if the customer can return the defective parts.

If the customer enters into a 2-year service contract when purchasing the spa, this does not apply and our technicians will replace the relevant parts without call-out costs and installation costs.

Collection costs

15.1. If the Buyer is in default or in default with the fulfilment of one or more of its obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the Buyer. In any case, the buyer owes:

– On the first 2954.55 euros 15% with a minimum of 50.00 euros
– On the excess up to 5909.09 euros 10%
– On the excess up to 14772.73 euros 8%
– On the excess up to 59090.91 euros 5%
– On the excess 3% if
– Sunspa Benelux demonstrates that it has incurred higher costs, which were reasonably necessary, these are also eligible for reimbursement.

15.2. The Buyer shall owe the Seller the legal costs incurred by the Seller in all instances, unless they are unreasonably high. This only applies if the seller and the buyer conduct legal proceedings in relation to an agreement to which these general terms and conditions apply and a court decision becomes final in which the buyer is completely or predominantly unsuccessful.

Confidentiality

Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from other sources in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information.

16.2 If, on the basis of a statutory provision or a court decision, the User is obliged to provide confidential information to third parties designated by law or the competent court, and the User cannot invoke a right of non-disclosure recognised or permitted by law or by the competent court in this respect, the User is not obliged to pay compensation or indemnification and the other party is not entitled to dissolve the agreement on the basis of any damage caused by it.

Changes to deliverables

Sunspa Benelux is authorized to deliver goods that deviate from the goods described in the purchase agreement. If Sunspa . makes use of these possibilities and delivers an item that differs substantially from the agreed item, the buyer is entitled to dissolve the agreement. The Buyer has this authority for 7 days after he has discovered or could reasonably have discovered the deviation.
Price increase

Sunspa agrees on a certain price with the other party, Sunspa is nevertheless entitled to increase the price. Sunspa Benelux may charge the price applicable on delivery according to its current price list. If the price increase is more than 12%, the buyer has the right to dissolve the agreement.

Change in terms

Sunspa Benelux is entitled to make changes to these terms and conditions. These amendments will enter into force on the announced date of entry into force. Sunspa Benelux will send the amended terms and conditions to the other party in a timely manner. If no date of entry into force has been notified, amendments to the other party shall enter into force as soon as the amendments have been notified to him.
Partial delivery

Sunspa Benelux is permitted to deliver sold goods in parts. This does not apply if a partial supply has no independent value. If the goods are delivered in parts, Sunspa Benelux is authorized to invoice each part separately.
Technical requirements

If goods to be delivered in the Netherlands are to be used outside the Netherlands, Sunspa Benelux is responsible for ensuring that the goods to be delivered meet the technical requirements or standards set by laws or regulations of the country where the goods are to be used, if the use abroad has been reported at the time of conclusion of the purchase. All technical requirements imposed by the buyer on the goods to be delivered and which deviate from the normal requirements must also be explicitly stated by the buyer when concluding the purchase agreement.