1 Definitions

1.1 When the following words with capital letters are used in these Terms, this is what they will mean:

Event Outside Our Control: is defined in clause 11.2;

Order: your order for the Products;

Products: the products that we are selling to you as set out in the Order;

Terms: the terms and conditions set out in this document; and

we/our/us:A5 Spas whose registered office is at, Spa House, Watling Street, Dordon, Warwickshire, CV9 2PZ. The registration number being 09556005

A5 Spas:

1.2 When we use the words -writing- or 'written- in these Terms, this will include e- mail unless we say otherwise without notice.

2 Our contract with you

2.1 These are the terms and conditions on which we supply Products to you.

2.2 Please ensure that you read these Terms carefully, and check that the details of the Order and in these Terms are complete and accurate, before you submit Order. If you think that there is a mistake or require any changes, please contact us to discuss.

2.2.1 By placing your order withA5 Spas (A5 Spas Ltd. and or any other business associated with) you agree to be bound by these terms.

2.3 When you submit the Order to us, this does not mean we have accepted your order for Products. Our acceptance of the Order will take place as described in clause 2.4. If we are unable to supply you with the Products, we will inform you. of this and we will not process the Order.

2.4A5 Spas Ltd shall sell and the Buyer shall purchase the products in accordance with any written, electronic or verbal order of the buyer which is accepted byA5 Spas Ltd, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.

2.5 If any of these Terms conflict with any term of the Order, these Terms will take priority. These Terms may only be varied in writing by one of our directors

2.6 If you are not a consumer, you confirm that you have authority to bind any the business on whose behalf you purchase Products.

3 Changes to Order or Terms

3.1 We may revise these Terms from time to time in the following circumstances: into force. 3.1.1 changes in how we accept payment from you; 3.1.2 changes in relevant laws and regulatory requirements.

3.2 You may make a change to the Order for Products within two calendar days of placing that Order by contacting us provided that we have not yet begun making the Products. Where this means a change in the total price of the Products, we will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 12.1 in these circumstances.

4 Made-to-Order/Images/Availability

4.1 The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our Products are a mixture of hand and machine made all dimensions and measurements indicated on our website have a 10mm tolerance.

4.2 We cannot accept made to order products back. These have been specially ordered to your requirements and are bespoke to you.

4.3 Sometimes our product specifications may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price

4.4 All goods are offered subject to availability. Where goods are found to be unavailable or discontinued,A5 Spas Ltd will offer a similar substitute if available, subject to your agreement.

4.4.1A5 Spas Ltd may make any changes in the specification of the products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied toA5 Spas Ltd specification.

5 Delivery of goods

5.1 Please note that timescales for delivery and delivery charges will vary depending on the location of the delivery address. Please allow for extra time for deliveries to Devon and Cornwall, the Scottish Highlands and Islands, or to addresses outside the UK. Our delivery charges can be found on our website. Delivery charges are indicated on the site where available.

5.2 We will contact you to give an approximate ETA for arrival and possible install date. We will do this once we have a confirmed manufacture completion date and shipping ETA. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 11 for our responsibilities when this happens.

5.3 If you have asked to collect the Products from our premises, you can collect the Products from us at any time during our working hours of 9:00 am - 4:00 pm on weekdays only.

5.4 Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you collect them from us.

5.4.1 In the requirement of lifting equipment such as a crane or Hi-Ab, this cost is NOT included in any advertised price. This is regardless of Buyer perception, Image/Product description orA5 Spas Ltd representative allegation. If the Buyer is confident that the price of the Product includes the requirement of lifting equipment, the Buyer must have this in writing fromA5 Spas Ltd before the Product is delivered.

5.5 If no one is available at your address to take delivery of the Products on the delivery date, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. We are entitled to charge you for re-delivery when we cannot deliver.

5.6 If you amend your agreed delivery date within 7 days of the agreed delivery date, we are entitled to charge you a fee for storage of the goods. This is normally price on request per week, but may vary depending on the size of the Product. We will inform you of and variations to the storage charge in writing by email or post or telephone.

5.7 If you cancel an installation within 5 working days of the agreed installation. You will be charged for the original build and delivery costs. You will then need to arrange and be charged for a new build and delivery costs.

5.8 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.

5.9 The Products will be your responsibility from the completion of delivery.

5.10 You own the Products on the later of the date we receive payment in full, or the date of delivery of the Products.

5.11 If for any reason due to your mistake or non-communication, the product does not have sufficient access, supplies in place to get the product working or sufficient ground works to sit the product on. You can be charged for the delivery, installation and storage cost. You will then need to arrange with the office a new date when this has been completed.

5.12 The customer shall inspect the goods immediately on delivery and shall notify the Company within 3 days (not working days) of any damage, defect, shortage or discrepancy between the goods ordered and the goods delivered. If you notify us outside of this time frame then there will be

5.13 The seller shall use all reasonable endeavours to ensure the goods are available for delivery to the buyer for the estimated delivery date but see also Section 11.

5.14 We cannot guarantee to replace or repair items which have been signed for in good condition or ‘unchecked’ and are later found to be damaged. This does not affect your statutory rights.

5.15 Should the buyer authorise access through any adjacent properties not belonging to the buyer during delivery then, the buyer must provide written authorisation to the seller from the property owner. The seller shall be under no liability to any third party and the buyer accepts full liablility towards any other property owner.

6 If the Products are faulty

As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights

6.1 You will have our full and undivided attention to the matter that arises, and in return you will:

6.1.1 Allow us the opportunity to come and diagnose what the fault may be,

6.1.2 Allow us to fix the problem and put right anything else that could be found.

6.1.3 Be mindful that not all faults are fixed first tie and there may need to be further diagnosis and repair work carried out.

7 Our guarantee of Products

7.1 We guarantee that on delivery and for a specified period after delivery, the Products shall be free from material defects. The guarantee period depends on the Products concerned; please see our guarantee information on our website at / for full details. This guarantee does not apply in the circumstances described in clause 7.2.

7.2 This guarantee does not apply to any defect in the Products arising from:

7.2.1 Fair wear and tear,

7.2.2 Faulty installation of the Products by you or a third party,

7.2.3 Wilful damage, abnormal storage or working conditions, accident, or negligence by you or by a third party;

7.2.4 If you fail to use the Products in accordance with the user instructions; and

7.2.5 Any alteration or repair by you or by a third party.

7.3 If You make a claim under this guarantee. You may need to Purchase a replacement Product while the Product in question is returned to us for the examination. If it is found that the returned Product is faulty, you will be refunded the cost of the replacement Product.

7.4 This guarantee is in addition to your legal rights in relation to the Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office

7.5 Any alteration or modification to our product, will void any warranty on the product

7.6 We will repair or replace faulty Products (to the value no greater than the original cost.

7.7 Our Warranty is held by the original purchaser and is not transferable, if property is to change hands.

8 Price and payment

8.1 The price of the Products will be set out in our price list in force at the time contract between us comes into force under clause 2.4. Our prices may change at any time, but price changes will not affect a contract that has already come into force.

8.2 The prices for the Products include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, we will of adjust the rate of VAT that you pay, unless you have already paid for Products in full before the change in the rate of VAT takes effect.

8.3 The prices for the Products exclude delivery costs, which will be added to the total amount due.

8.4 You must make payment for Products in Advance. A Schedule of payments can be obtained at the time of enquiry, please ask a member of staff for these if you wish. We accept payments with all major credit and debit cards, including Visa, MasterCard, Delta, Maestro, Barclays Finance, Close Brothers Finance, Bank Transfer and Pay Pal.

8.5 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of National Westminster Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

8.6 However, if you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, clause 8.5 will not apply for the period of the dispute.

8.7 Specific Exclusions:

8.7.1 Hot Tubs – the advertised price of the hot tub does not include the required base works, the electrical supply or cable, any necessary lifting equipment. It is the Buyer’s responsibility in advance of delivery to identify which type of base, the necessary electrical supply needed and the specific access requirements. Our Technical Team can quote for and arrange/organise any additional works/services. Our Customer Service Team is on hand 24 hours a day to advise and assist with any questions or concerns – Please Call Free on

8.7.2 Cabins and Gazebos - the advertised price of the Cabin or Gazebo does not include the unpack aging, disposal of packaging, required base works, installation or erection of the cabin. It is the Buyer‘s responsibility to identify in advance of delivery the base, Cabin/Gazebo location and the access requirements. However, our Technical Team can quote for and arrange/organise any additional works/services. Our Customer Service Team is on hand 24 hours a day to advise and assist with any questions or concerns – Please Call Free on

8.7.3 Pizza Ovens - the advertised price of the Pizza Oven does not include the removal/disposal of any packaging, wood/gas supply or any necessary lifting equipment. It is the Buyer’s responsibility in advance of delivery to identify which type of base is needed and the specific access requirements in advance of delivery. Our Technical Team can quote for and arrange/organise any additional works/services. Our Customer Service Team is on hand 24 hours a day to advise and assist with any questions or concerns – Please Call Free on

8.7.4 Saunas - the advertised price of the Sauna does not include the unpackaging, disposal of packaging, required base works, wood/electrical supply, installation or erection of the Sauna. It is the Buyer‘s responsibility to identify in advance of delivery the base, sauna location and the access requirements. However, our Technical Team can quote for and arrange/organise any additional works/services. Our Customer Service Team is on hand 24 hours a day to advise and assist with any questions or concerns – Please Call Free on

8.7.5 All offers are not in conjunction with any other offer and are a time limited offer that will be specified on either the website and/or the promotional material(e.g: mailers, website,flyers,banners)

9 Our Liability to you if you are a Consumer

9.1 This clause g only applies if You are a consumer.

9.2 If we are installing the Products in your property, we will make good any damage to you