Terms & Conditions
Welcome to Earth Spas, a trading name of VIAN Leisure Products Ltd. The following Terms and Conditions apply to the use of this website – www.earthspas.com and all related services. By accessing the website – www.earthspas.com – and/or placing an order, you agree to be bound by these terms and conditions. Using this website indicates that you accept these terms whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.
You will be able to access most areas of this Website without registering your details, however certain areas of the website are only open upon registration.
We may revise these terms and conditions at any time by updating this post. You should check this website regularly to review the current terms and conditions as these are binding. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should stop using this website. If you have any queries or concerns relating to the content on our website, please contact us by email at firstname.lastname@example.org.
2. Ordering from Earth Spas
Deposits and booking fees will cover the product being reserved for you (the customer) until delivery/collection. Deposits and booking fees are 20% and are non-refundable. You may be able to transfer the deposit to another product offered by Earth Spas however deposits and booking fees are non-refundable under cancellation. Please ensure you understand these terms before ordering.
You are deemed to place an order with us by ordering through the online CRM process. As part of the process, you will be given the opportunity to check your order and amend any errors. You will receive an order acknowledgement detailing the products that have been ordered. Our acceptance of an order takes place when we despatch the order or provide an order confirmation. The purchase contract will be made upon despatch or receipt of the order confirmation and you will be charged unless we have notified you that the order has not been accepted or the order has been cancelled.
Earth Spas may refuse to accept an order under the following circumstances:
- Payment authorisation cannot be obtained
- In the event of a pricing or product description error
- If you do not meet any eligibility criteria set out in our terms and conditions
- Goods, services or information ordered by you are not available
- We do not deliver to your location
Where we do not accept your order but have processed payment, we will arrange for an account credit to the value of any amount received by BACS as soon as possible, but in any event, within 30 days of the original date, the order was raised. Earth Spas are not obliged to pay any additional amount as compensation for disappointment.
All prices displayed on the Earth Spas website are inclusive of VAT (where applicable) at the current rates. Prices detailed on the CRM ordering portal are exclusive of VAT, and any applicable Container Surcharge Fees, but we will include this in the total order value price if applicable.
We will deliver the goods ordered by you as soon as possible to the address provided for delivery. If the goods delivered do not match the original order or are damaged, we shall have no liability unless you have notified us in writing by email to email@example.com within 10 working days of delivery.
Goods must be collected or delivered within 4 -6 weeks of placing the order, or from when goods arrive in the UK, whichever is the later date. (4 weeks between March and September and 6 weeks between October and February) Any excess to these times will result in storage charges being levied at £25 per spa per week plus VAT. Invoices will be raised and payments will be deducted from deposits made increasing the balance due on the original order. Should spas not be taken within a period that exceeds the deposit payment received, the order will be cancelled down.
5. Product liability
Earth Spas accept no liability unless you have notified us in writing of any discrepancies within 7 days of delivery. If you notify us of any problem under this condition, our obligation will be, at your option;
- To make good any shortage or non-delivery
- To replace or repair any goods or part of, that are damaged or defective
Except where precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our website. The importation or exportation of certain goods of ours to you may be prohibited by certain national laws. Earth Spas will not be liable for consequential losses or financial losses whatsoever. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
6. Links to and from other websites
Links to any third party websites on www.earthspas.com are provided solely for your convenience. By using these links you are leaving this website. We have not reviewed all of these third party websites, we do not control nor are we responsible for these websites, their content nor their availability. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decided to access any of the third-party websites linked to www.earthspas.com, you do so entirely at your own risk. If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page, and subject to the following conditions;
- You do not remove, distort or otherwise alter the size or appearance of the Earth Spas logo.
- You do not create a frame or any other browser or border environment around this website.
- You do not in any way imply that Earth Spas are endorsing any products or services other than our own.
- You do not misrepresent your relationship with Earth Spas nor present any other false information about us.
- You do not use any Earth Spas trademarks displayed on www.earthspas.com without obtaining our express written permission.
- You do not link from a website that is not owned by you.
- Your website does not contain content that is distasteful, offensive or controversial, infringes on any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right to link to www.earthspas.com for breach of these terms and to take any action we deem appropriate.
While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.
The material on this website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which will but for these terms and conditions might have effect in relation to this website.
No provision of these terms and conditions will hold Earth Spa, its officers, directors, employees or agents, liable for any financial costs with respect to our website or service for any on event or series of related events.
In no event (including our own negligence) will we be liable for any:
- Economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings)
- Loss of goodwill or reputation
- Special, indirect or consequential losses: or
- Damage to or loss of data (even if we have been advised of the possibility of such losses)
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
You agree, on behalf of yourself and your business entity or organisation, jointly and severally to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or the use of www.earthspas.com or our services, or the use by any other person using your registration details.
GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with English Law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.