Terms and Conditions of Sale
“Vici ” means Vici Hot Tubs Ltd. “Goods” means any goods (including any part or parts of them) agreed in the Contract to be supplied to the Purchaser by Vici. “Premises” means the premises to which any Goods are to be delivered and at which any Works are to be carried out. “Work or Works” means the Hot Tub/Swim Spa delivery and installation works or services (if any) agreed to be provided by Vici to the Purchaser as specified in the Customer Order Confirmation.
1. NO TERMS OF THE CONTRACT SHALL LIMIT ANY STATUTORY RIGHTS THAT YOU MAY HAVE AS A CONSUMER OR OTHER STATUTORY RIGHTS THAT MAY NOT BE EXCLUDED.
All terms of the contract between the purchaser and Vici (“the Contract”) are contained in this document and any annexed Customer Order Confirmation. The contract will be concluded when we notify you of acceptance of your order. No variation of the Contract shall have effect unless agreed in writing by Vici. These Terms and Conditions override any conditions stipulated by the buyer unless the others are expressly accepted by the seller, in writing. The placing of a sales order with the seller is deemed to be acceptance of these Terms and Conditions by the buyer.
2. THE SELLER
2.1 Reserves the right to charge for any remedial works as a result of works that have been undertaken for or on behalf of the buyer that may be necessary to provisional the delivery or installation of the goods provides to the buyer immediately if required upon delivery.
Prices charged are those ruling at the agreed date of contract. In the event of any alterations required by the buyer to specification, quantity, place or date of delivery, the seller is entitled to vary the price.
4.1 All orders require a minimum of 10% deposit, unless agreed in writing on this contract, or as part of a special offer. Special orders are subject to a 50% deposit.
4.2 Company cheque or personal cheque must be clear through the banks 7 days prior to delivery of goods.
4.3 Deposits are not refundable unless otherwise agreed in writing. Any such agreement will be subject to a charge reflecting any costs incurred by the seller in the course of making a refund.
4.4 Refunds are subject to a charge of 10% of the invoice total plus an administration fee of £249, subject to the seller’s discretion.
4.5 Any deposits or payments can be held in part or in full by the seller so as to recover associated costs as assessed by the seller.
5.1 Final payment in cleared funds is required a minimum of 1 week prior to any offered date for delivery, or upon booking in of delivery or collection, whichever comes first, and must be by cash, Bankers Draft, Building Society cheque, credit card or debit card. Inability of the Purchaser to accept the Goods on the proposed date does not negate the Purchaser’s obligation in this regard.
5.2 Liability and cost for any damage and / or alteration to goods following delivery of the installation site is the buyer’s responsibility.
5.3 Vici reserves the right to apply interest at the rate of 8% per annum, calculated daily, above the Bank of England base rate on any invoice which becomes overdue.
5.4 In the event of an invoice becoming overdue, Vici reserves the right to instruct a third-party company to recover any outstanding monies along with any interest in accordance with clause 5.3. In addition, you will be liable to pay us any costs arising in the pursuance of recovery of overdue invoices, however incurred.
6.1 Title of the goods does not pass to the purchaser until full payment is made, by cleared funds. Any time or day of delivery named is intended as an estimate only and is not the essence of the contract.
6.2 If any cause outside the seller’s control, or any unforeseen contingency renders it impracticable for the seller to execute any order or delivery, the seller reserves the right to cancel the order and to repay any deposit payment received, at the seller’s discretion.
6.3 The seller shall not be liable to the buyer or any third party for loss, damage or alteration whether direct or indirect or consequential to any property, undertaking, or event caused by, or arising from or connected with any delay in delivery of goods or failure to execute an order or delivery, or cancellation of the contract pursuant to clause 6.2.
6.4 In the event the buyer authorises access through adjacent properties for the seller’s use during delivery and installation, the buyer is required to obtain permission from the owner(s) of the adjacent properties for such use and the buyer agrees to be responsible and accept the risks and liabilities thereof.
6.5 The buyer is required at his expense to do all construction and other acts necessary and to meet all conditions necessary to allow the seller to install the goods as provided in the contract. The buyer shall direct the location of the goods and there shall be no liability on the part of the seller for incorrect location, or for encroachment or interference thereby upon the property easements or rights of any other parties.
6.6 Failure on the part of the buyer to ensure all preparations completed for goods installation and operation for the agreed time and date can result in the seller returning the goods to the security of the seller’s premises and the seller reserves the right to make additional charges for any direct, indirect or consequential cost, if the buyer cannot take delivery on the set date of installation and informs us as such less than 48 hours prior to the installation date there will be a cancellation fee of £500.00.
6.7 The seller or his agents will not be held liable for any damages or injuries to goods, property or personnel arising from inadequate site preparation on the part of the buyer or his agents.
6.8 Upon delivery of goods paid for in part or in full by credit or debit cards Vici may require the cardholder to present the credit or debit card used, photographic ID and a utility bill registered at the billing address for verification purposes prior to goods being released.
7. ADDITIONAL WORKS
7.1 Where the buyer has work performed by others that is not provided for in this contract the seller does not guarantee or warrant such work and the seller shall not be held responsible for such work or for loss or damages which may result there from.
7.2 The seller is not responsible for providing any electrical connection service, unless specified in writing in the contract. The buyer is advised to use a professional, N.I.C.E.I.C., registered electrician and must ensure compliance with the goods manufacturer’s electrical instructions and specifications. The seller reserves the right to charge administration costs in case of prolonged correspondence with third party contractors on buyer’s behalf.
7.3 Referrals from the seller are given as a professional courtesy only. The seller is not responsible for any conduct or service provided by these referrals.
8.1 For all chemical and accessory orders, you must notify us, in writing by letter, fax or email that you wish to cancel the order within seven working days after the day on which you received the goods. You must keep a copy of your notice of cancellation such as a certificate of posting or confirmation of fax transmission. The goods must then be returned to us and in accordance with our returns policy.
8.2 For non-stock, special order items (including but not limited to replacement Hot Tub/Swim Spa covers, gazebos, bespoke Hot Tubs/Swim Spas and accessories orders that are manufactured to order), you have the right to cancel within 48 hours of placing your order and receiving our invoice. You must notify us in writing by letter, fax or email that you wish to cancel the order. You must keep a copy of your notice of cancellation. If we do not receive notice from you that you wish to cancel the order, then you are contractually bound to accept the order and you cannot return the goods unless they are faulty.
8.3 For telephone orders and where a deposit is taken for a non-stock, special order item the above conditions still apply, and you must pay the balance of the goods upon our notification to you of a delivery date.
8.4 If an order is cancelled within either the seven day or 48-hour periods defined above, then you will be due a refund of any monies paid less any costs incurred by the seller and/or the charges set out within clause 4.4, plus applicable administration fee. You will be contacted by phone to arrange the refund within 30 days of your cancellation of the order.
9. RETURNS POLICY
Please inspect your goods immediately upon delivery. If goods delivered are faulty, missing or incorrect, you must advise us as soon as possible and within seven days from the date of delivery. If you notify us of a problem with your goods, we will either make good any shortage or replace any goods that are found to be faulty. Do not install Hot Tub/Swim Spa and associated products unless you are completely satisfied, as we will not accept any claims for damaged items once they have been installed. Where you, the buyer, has used or installed the goods such use or installation shall be taken as conclusive evidence that you have accepted the goods notwithstanding that there is a defect in the quality or condition of the goods or that they may fail to correspond with their specification and you waive the right, in these circumstances to make any claim against the company. You must accept full responsibility for the suitability of the goods ordered for the purpose to which they are put before use. This does not affect your statutory rights. If you change your mind about your order, we will accept returns (except for non-stock special order items such as replacement Hot Tub/Swim Spa covers, gazebos, Hot Tub/Swim Spa and other items that are manufactured to order) as long as the following conditions are met –
(a) It is your responsibility to ensure that goods are returned in appropriate protective packaging. If goods are damaged due to inappropriate packaging it will not be possible to process your refund.
(b) Please ensure that your Hot Tub/Swim Spa filters fit your tub before any wrapping is removed. It will not be possible for hygiene reasons to exchange or provide a refund for filters once the packaging has been removed.
(c) Contact us in writing, by letter or email before you return any items to us and we will provide you with a returns number. Returns will not be accepted unless you mark your returns number clearly on your parcel. All returns must be sent back within 14 days from reporting the fault.
(d) Faulty or incorrectly delivered goods will be replaced free of charge and the cost of you returning the goods to us will be refunded.
(e) If the goods are not faulty you will be responsible for the cost of freight to return them to us.
(f) Please obtain a proof of posting since we will need to see it if the goods do not arrive.
Hot Tubs/Swim Spas will not be accepted back for a return for refund once opened and or used due to hygiene reasons. Any issues must be dealt with under warranty by the authorised UK main dealer/service centre. Customers will need to provide a copy of the purchase invoice for any warranty issue to the UK main dealer/service centre for whichever Hot Tub/Swim Spa they own.
10.1 All manufacturers’ equipment and apparatus installed as provided for in this contract shall carry the full warranties of sold Hot Tub/Swim Spa, supported by the limited warranties on the manufacturer.
10.2 Warranties are effective only if the buyer has complied with all the terms and conditions, payments and provisions of the contract. The buyer must follow all of the manufacturer’s written instructions to ensure performance of the manufacturer’s written warranty.
10.3 The seller guarantees to repair or at seller’s option replace under issued warranties any products or parts found defective in materials or workmanship under terms of the manufacturer’s warranties and replaced components/parts shall have a warranty of 90 days only.
10.4 Relocation of the Hot Tub/Swim Spa, unless approved or conducted by the seller or his agent, will void any warranty.
10.5 For all non-consumable items, we will supply you with goods that are free from defects in materials and workmanship for a minimum period of 6 months from the date of delivery.
10.6 For the manufacturer’s warranty details of all product ranges please refer to the specific warranty documents supplied with the product. All warranties are vested with the equipment manufacturer. In the event of a fault with a product your first point of contact is with the equipment manufacturer who may authorise us to carry out repair or replacement accordingly.
10.7 For all Hot Tub/Swim Spa products, please note that failure to supply the recommended power will void the manufacturer warranty.
10.8 Poor water balancing can cause high levels of pH or water hardness resulting in limescale build up on heaters, internal pipework, jets, pumps, shell etc. this is not covered under warranty.
10.9 Poor filter cartridge conditions can cause faults with Hot Tubs/Swim Spas damaging Hot Tub/Swim Spa components and is not covered under warranty.
10.10 Freezing conditions can cause damage to your Hot Tub/Swim Spa components and pipework if the Hot Tub/Swim Spa is left unused and not winterised correctly, this is not covered under warranty.
10.11 Any headrests in any Hot Tub/Swim Spa are not covered under warranty.
10.12 For warranty work/repairs where the Hot Tub/Swim Spa is located outside of a 20 mile radius of the Vici showroom (BA11) labour costs are excluded from warranty cover and additional charges are applicable.
11. OPERATION AND MAINTENANCE
The manufacturer, seller or his agent will not be held responsible for any adverse consequences to the goods, property or person resulting from the buyer’s failure to comply with manufacturer’s operating and; or maintenance instructions. Changes or alterations to parts or components, unless approved or performed by the seller or his agents, are at the buyer’s risk.
12. SITE VISITS
Charges will be made by the seller to the buyer for call out visits other than initial survey visit, installation visit or performance of services under manufacturer’s warranty.This is at at a rate of £75.00 per visit.
13. THE BUYER’S COMMITMENT TO DELIVERY
Upon availability of the Hot Tub/Swim Spa for delivery, if the purchaser cannot take delivery within 14 days due to any circumstances, any outstanding balance is payable in full, and rescheduled deliveries to suit the purchaser’s requirements cannot be guaranteed. In addition, the seller may implement storage charges at a rate of £1/sqm per day, invoiced at 30-day intervals. At all times, the seller will be entitled to retain any non-refundable deposit.
14.1 Subject to clause 14.2 below and save as precluded by law the following provisions set out the entire financial liability of Vici (including and liability for the acts or omissions of its employees, agents and sub-contractors) to the Purchaser in respect of
(a) any breach of the contract;
(b) any use made or resale by the Purchaser of any of the Goods; and
(c) any representation, statement or tortuous act omission including negligence arising under or in connection with the Contract.
14.2 Nothing in these conditions excludes or limits the liability of Vici
(a) for death or personal injury caused by Vici’ negligence; or
(b) under section 2(3) Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for Vici to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
14.3 Subject to condition 14.1 and condition 14.2:
(a) Vici’ total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the price; and
(b) Vici shall not be liable to the Purchaser for any pure economic loss, loss of profit, loss of business, depletion of goodwill, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
15. INSURED GOODS
15.1 All Goods are at the risk of the Purchaser from the time of delivery, excluding any loss or damage caused by Vici’s negligence.
16. ACCESS AND WORKS TERMS
16.1 The Purchaser shall grant Vici’ employees or representatives clear and unrestricted access to the premises at all reasonable times for the purpose of taking measurements, delivery and of carrying out the Work.
16.2 It is the responsibility of the Purchaser to provide adequate water and electricity in order for Vici to be able to carry out the Works.
16.3 If undiscussed obstacles are in place at the scheduled time and day of Hot Tub/Swim Spa install causing a delay this is chargeable to the buyer at a rate of an additional £100 per hour.
17. CONFIDENTIALITY AND RETENTION OF INTELLECTUAL PROPERTY RIGHTS:
17.1 Save as expressly provided herein nothing in the Contract shall operate to transfer to the Purchaser any intellectual or industrial property rights (including, without limitation, in goods, drawings instructions, designs or materials) and all such rights shall, at all times, remain vested in Vici. Any installation drawings provided to the Purchaser or being part of the Goods or Work shall be for the Purchaser’s use only. The Purchaser shall keep confidential and, save as required by law, not disclose any confidential information of Vici
18.1 Neither party shall assign the Contract or any part of it without the prior written consent of the other party, which shall not be unreasonably withheld.
18.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, void able, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, void ness, void ability, uninforceability or unreasonableness be deemed severable and remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
18.3 Failure or delay by either party in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
18.4 Any waiver by either party of any breach of, or any default under, any provision of the Contract by the other party shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
18.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
18.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
18.7 Hot Tub/Swim Spa specifications and dimensions are subject to change without notice.