1. THE COMPANY
1.1 East Coast Hot Tubs Ltd, also trading as Direct Spas is registered in England and Wales under company number 09971497, VAT Reg. No 266756657 and our registered office is ABTSL
2. HOW THE CONTRACT IS FORMED BETWEEN US
2.1 After placing an order, you will receive an e-mail from us confirming that your order has been accepted (Order Confirmation). The contract between us (Contract) will only be formed when we send you this Order Confirmation or, if you have successfully applied for our credit option, when our selected finance company has confirmed to us that it has received your signed finance agreement.
2.2 The Contract will relate only to those products whose order we have confirmed in the Order Confirmation (Products). We will not be obliged to supply any other products which may have been part of your order until the order of such products has been confirmed in a separate Order Confirmation.
2.3 We will assign an order number to your order and tell you what it is in the Order Confirmation. It will help us if you tell us the order number whenever you contact us about your order.
2.4 Our website is solely for the promotion of our products in the UK. Unfortunately we do not accept orders from or deliver to addresses outside the UK. If you wish to place an order from outside the UK the please email info@direct-spas.co.uk
2.5 We may refuse at our discretion to accept an order:
(a) where we cannot obtain authorisation for your payment;
(b) if there has been a pricing or product description error; or
(c) if you do not meet any eligibility criteria set out in our terms and conditions.
(d) services or information ordered by you are not available;
(e) where goods, services or information ordered by you are not available;
(f) if we do not deliver to your area;
Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card within 14 working days (this excludes weekends, bank holidays and office closures), but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment, loss of earnings, subcontractors’ time i.e. plumbers, electricians or property damage, or delays or damages caused by external couriers.
3. CREDIT OPTIONS
3.1 Details of our credit options are set out on our website.
3.2 In order to be considered for our credit option, you must be at least 18 years of age, resident in the United Kingdom for at least three years, have a credit or debit card and a bank or building society current account and be either self-employed or in full or part time employment (over 16 hours per week) or retired and in receipt of a pension or in receipt of a disability benefit.
3.3 Your application for our credit options will be sent to our selected finance company who will notify you and us if your application is successful and, if successful, will send you the credit agreement which you must sign electronically and fulfil or document required by said finance company.
3.5 If you choose to apply for finance, the address you supply in your application is the address we will deliver to and this delivery address cannot be changed.
3.6 Finance is authorised and regulated by the Financial Conduct Authority in relation to credit broking. East Coast Hot Ltd is an Appointed Representative of Boleyn Events Ltd t/a Funding Falcon which is Authorised and Regulated by the Financial Conduct Authority.
Credit is Subject to Status and Affordability. Terms and Conditions Apply. East coast hot tubs Ltd and its associates do not make the final decision, all queries and negotiations must go through appointed provider.
4. RIGHT TO CHANGE YOUR MIND
4.1 If you are contracting as a consumer in the UK and change your mind about the Products, you may cancel a Contract at any time up to 28 days from the day you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refunds and Returns Policy as set out in clause 11. Delivery and Collection fees will be deducted from the refund amount. Products with delivery included/free delivery have had the delivery charge built into the overall price and will also be deducted from the refund amount in the case of a refund.
Deposits are non-refundable.
4.2 To cancel a Contract, you must inform us by email or in writing. In addition, you must return the Products to us in the same condition in which you received them which means, for the avoidance of doubt and without limitation, that they must be in perfect resalable condition and undamaged and unused in any way and also in its original packaging. You have a legal obligation to take reasonable care of the Products while they are in your possession.
4.3 Details of this right, and an explanation of how to exercise it, are provided in the Order Confirmation.
4.4 This provision does not affect your legal right as a consumer to change your mind. In summary, the Consumer Contracts Regulations 2013 give you the right to change your mind and cancel a Contract within 14 days from the day you received the Products (or, where the Products are split into several deliveries over different days, 14 days from the day you received the last delivery) and receive a refund. We may reduce the refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products caused by your handling of them in a way that would not be permitted in a shop. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method relating to your product that we offer.
5. PRODUCTS AND SERVICES
5.1 All descriptions of the products on our website are correct at the time of publication. Our policy of continuous product development means we reserve the right to amend the specification of products without prior notice in relation to future sales.
5.2 The measurements of the products are as accurate as possible, but are nevertheless approximate. Images of the products on our website, posters and other forms of advertisement are for illustrative purposes only and, although we have made every effort to show the colours as accurately as possible, we cannot guarantee that the colours shown accurately reflect the colour of the products.
5.3 We will endeavour to match the colour and texture of your product to the samples chosen as accurately as possible, but variations in both the colour and texture may occur. East Coast Hot Tubs Ltd are not responsible for variations in colour. Such variations are not reasonable cause for order cancellations. Refunds and exchanges will not be offered for this reason.
5.4 It is your responsibility to check that all the details on the order form are correct, including the exact specifications of the products and delivery details. Any discrepancies are to be outlined within 24 hours of receiving the Order Confirmation.
5.6 Our products are intended solely for domestic use in the UK and we give no guarantees or undertakings in respect of the use of our products for commercial or business purposes. By agreeing to these terms and conditions, you agree that we are in no way responsible for any non-domestic or commercial use of our products and that you have no rights to cancel this purchase if you are purchasing the Product in a business capacity.
5.7 Product lead times and delivery dates provided on the website and subsequently communicated in any form are estimates and cannot be guaranteed. East Coast Hot Tubs Ltd are in no way responsible for delays in manufacturing or overseas shipment, and no form of compensation will be given.
6. GUARANTEES
6.1 The provisions of this clause apply in addition to your legal consumer rights in relation to faulty or misdescribed goods, which are not affected by the guarantees set out in this clause. For the purpose of this clause the guarantor is East Coast Hot Tubs Ltd
6.2 East Coast Hot Tubs Ltd offers a variety of ranges of spas, slight differences between brands may occur in terms of what warranty is offered. Please refer to our warranty section or the ‘Warranty’ sections found on product pages and in your purchase document pack.
6.3 Our guarantees are limited to goods sold and retained in mainland United Kingdom and used solely in private residences and not in commercial or rental properties. Unless you have specifically purchased a ‘Holiday Let Spa’ whereby you will receive a bespoke guarantee.
6.4 These guarantees do not cover fair wear and tear, neglect, abuse or misuse of your Products, loss or damage, including rusting and corrosion, due to unreasonable exposure to water, heat or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, damage by animals generally or theft, or accidental damage or loss caused by a third party.
6.5 In the event of a claim under guarantee occurring, please email warrenty@direct-spas.cp.uk. You will need to provide your delivery address, contact details, product serial number and a summary of the problem with accompanying photos if requested. We will then notify you whether the claim is valid via telephone or e-mail within a reasonable period of time.
6.6 In the event of an accepted claim under guarantee we will endeavour to repair the defective goods, in your home, free of charge within the terms set out in your labour coverage from the day of delivery. If a repair is not possible you will be offered a replacement and only if a suitable replacement is not available will you be offered a refund.
6.7 We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged or wrongly delivered goods, over and above the value of the actual goods themselves supplied by us. This does not affect your legal rights. No compensation will be given in addition.
6.8 We have a legal duty to supply products that are in conformity with the Contract, and nothing in these terms will affect your legal rights if we fail to do so. In summary, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality and during the expected lifespan of your Product. Your legal rights entitle you to the following remedies: (a) Up to 30 days: if your Product is faulty, you’re entitled to a full refund in most cases. (b) Up to six months: you’re entitled to a full refund in most cases if the Products cannot be repaired or replaced.
6.9 Guarantees and Warranties are not transferable upon the resale by the customer to another end user.
7. PRICING
7.1 The price of any Product(s) will be as quoted on our website or, where we have sent you a time-limited promotional offer and you order within that time limit, at the promotional price, in each case except in cases of obvious error. These prices include VAT at the prevailing rate.
7.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
7.3 Our website contains a large number configurable products options and it is possible that, despite our best efforts, some of the products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as pricing error.
8. PAYMENT
8.1 Unless you successfully apply for our credit options, payment for all Products may be made by credit or debit card. We accept payment by Visa and MasterCard over the phone/pay by link providing the card used is registered to the delivery address. Once payment has been received the delivery address cannot be changed. We do not accept American Express. Card payments must be cleared prior to delivery and can take unto 7 days to clear.
The individual who has been accepted for the finance must be present on the day of delivery to sign for the goods.
8.2 Payment by bank transfer which must be received and cleared before delivery can be made by using your invoice number and bank detail on the invoice.
8.3 We take a 25% deposit when you place your order for all made to order/Special Order items. Products cannot be delivered until full payment has been received, this can be at a minimum two working day before delivery or and date prior. If you are taking delivery on a Saturday, Sunday, Bank Holiday or National Holiday then payment must be made two working day before to ensure funds have cleared.
8.4 If you successfully apply for our interest-free credit option, a deposit may be collected from you on our behalf by our selected finance company. You authorise our selected finance company to pay the credit amount directly to us and you confirm that you will not request the finance company to pay any part of the credit amount to you.
8.5 If for any reason you cancel the agreement with our selected finance company, any unpaid balance of the price will be payable by you to East Coast Hot Tubs Ltd.
9. DELIVERY
9.1 Before we deliver your Products, you must have either paid for them in full or, if you have successfully applied for our credit option, our selected finance company must have confirmed to us that they have received your signed finance agreement.
9.2 Our logistics manager or delivery partner will contact you to notify you when your Products are available for dispatch and will arrange a date for delivery to the address specified by you in accordance to your original invoice. We reserve the right to require proof of identification from you when making a delivery to you.
9.3 Delivery to UK mainland addresses for Hot Tubs is a standard £400 unless, in most cases this is incorporated into the price of the spa unless stated otherwise. A surcharge of £2.50 per mile will be invoiced should your delivery address exceed 200 miles from NR33 7NB. For deliveries to Northern Ireland, the Scottish Highlands, Scottish Islands, Isle of Man, Isle of Wight, Scilly Isles, Jersey and Guernsey a quote will be required from an external freight company, whereby the difference will be charged to yourselves before goods are released.
Steam Shower Cabins and Baths are a standard £99 for deliveries, unless stated otherwise in the product description. For deliveries to Northern Ireland, the Scottish Highlands, Scottish Islands, Isle of Man, Isle of Wight, Scilly Isles, Jersey and Guernsey a quote will be required from an external freight company, whereby the difference will be charged to yourselves before goods are released. Steam Cabin and baths are palletised and will be delivered curb side. Our delivery partners are not insured to take such deliveries into customer’s properties and therefore it is to be made clear, unless specified otherwise in the Order Confirmation.
9.4 You are required to take delivery on the date agreed between us or delivery partner, otherwise we reserve the right to charge you an additional redelivery fee of the original amount. This payment will be due before redelivery takes place.
9.5 Our delivery partner have an estimated delivery time slot between 9am and 5pm. If you subsequently cancel the delivery or if you are not available to accept the delivery when our delivery partner arrives at your address within the agreed time slot, we reserve the right to charge you for the cost of the return delivery in addition to any delivery charge already paid.
9.6 Time of delivery is not of the essence in these terms and conditions. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any delay.
9.7 Delivery is always subject to the health and safety of the delivery personnel.
9.8 In regards to Hot Tubs at the time of delivery, the Products will be unpacked and where required assembled. A signature will be required to acknowledge delivery. The signature of the person accepting delivery at the delivery address will be proof that you or the person to whom the order is addressed has received the delivery and accepts the product in its current condition.
In regards to any other product you will have 3 days to outline any damages upon opening the product. After 3 days East Coast Hot Tubs Ltd or its associates will not be liable for any damages. If a product arrives to you with damaged packaging please ensure you sign for the parcel as damaged and report this immediately to team@direct-spas.co.uk. Providing us with your name, address and tracking number.
9.9 You are responsible for checking the condition of all Products delivered and must highlight any issues upon receipt with the delivery carrier. The delivery carrier will direct all queries at this stage to us and we will agree a means of resolving the issues that are presented at this time.
9.10 Use of Cranes and HIABs are required on occasion to position spas and swim spas in place. It is down to you the customer to arrange the required vehicle to lift in your product. East Coast Hot Tubs Ltd will advise where possible dimensions, weights etc but cannot be held liable should the incorrect vehicle be booked. East Coast Hot Tubs Ltd advise that site surveys from the third party company take place, and also insurance against damages caused by said company.
9.11 Your Products will be constructed to the highest possible standards. Should you have any concerns prior to or following delivery please contact us at either team@direct-spas.co.uk or by calling 01502 806 100
9.12 Our used hot tub removal service is only available in mainland UK. The charge for this service is minimum of £300 per item. Providing the service has been booked and paid for in advance, the delivery carrier will only take the item away if it has been disassembled, drained and packaged by the customer beforehand and if it is in a reasonably hygienic state and unlikely to contaminate. Please email team@direct-spas.co.uk for accurate quotes and availability. Availability is subject to busy periods.
10. RISK AND TITLE
10.1 The Products will be at your risk from the time of delivery.
10.2 Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges (if any) from you.
11. REFUNDS AND RETURNS
11.1 Nothing in this clause 11 affects your legal rights.
11.2 We will refund any money received from you using the same method originally used by you to pay for your purchase. Where the Payment was made by credit or debit card, refunds can only be made to the original card of purchase.
11.3 Where you exercise your right to change your mind and cancel the Contract, Product must be returned to us in a saleable condition. We will refund to you all monies paid by you in respect of the price of the returned Product but reserve the right to make reasonable deductions from the amount refunded to you if there are signs of wear and/or use and/or damage. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which we receive the Product back. Deposits and Delivery charges are not refundable.
11.4 There is no automatic right of return for any clearance item purchased from our showrooms or website and they are sold as seen and or accepted as such.
11.5 If you end the Contract for any reason, you must return the Products to us. You must either return the Products to us in person or arrange collection through East Coast Hot Tubs. Please contact customer services at
team@direct-spas.co.uk or telephone 01502 806100 to arrange a return. If you are exercising your legal right to change your mind, you must return the Products within 14 days of telling us that you wish to end the Contract. We will pay the costs of return if the Products are faulty or misdescribed. In all other circumstances, including where you are exercising your right to change your mind, you must pay the costs of return. If you are responsible for the costs of return and we are collecting the Products from you, we will charge you the direct cost to us of collection which must be paid before collection takes place.
11.6 If you return a product for any reason other than a change of mind (for instance, you have notified us because you claim that the Product is faulty), we will examine the returned Product and, where we agree that the Product is faulty and have not been able to provide a replacement or repair, we will notify of your refund via telephone or e-mail within a reasonable period of time. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the faulty Product. This does not affect your legal remedies for faulty products.
11.7 REFUNDS AND RETURNS MUST BE AUTHORISED prior to sending back your products.
The rights to return the goods to us as referred to in clause 11 will not apply in the following circumstances: -
* in the event that the product has been used
* to any products that we have made or customised specifically for you
12. OUR LIABILITY
12.1 We warrant to you that any product purchased from us is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
12.2 Our liability for losses you suffer as a result of us breaking the Contract are strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable result of us breaking the Contract or failing to use reasonable care, but we are not responsible for any loss or damage which is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or, at the time the Contract is made, both you and we knew that it might happen (for example, if you discussed it with us during the sales process.)
12.3 Nothing in this clause 12 limits in any way our liability: (a) for death or personal injury caused by our negligence; (b) for defective products under the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; (d) for breach of your legal rights in relation to the Products, including the right to receive products which are as described and match information we provided to you and any sample seen by you, of satisfactory quality and fit for any particular purpose made known to us; or (e) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
13. WRITTEN COMMUNICATIONS
13.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights. In the event of questions or complaints please email team@direct-spas.co.uk.
14. NOTICES
14.1 All notices given by you to us must be given to East Coast Hot Tubs Ltd Unit 5 Harvest Court, Harvest Drive, Lowestoft, NR33 7NB or emailed to team@direct-spas.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website or social media, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, which such e-mail was sent to the specified e-mail address of the addressee.
15. USE OF YOUR PERSONAL INFORMATION
15.1 For full details of how we will use personal information that you provide to us, please see our Privacy Policy. In summary, we will use such information to supply the Products to you, to process your payment for the Products and, if you agreed to this during the order process, to give you information about similar products that we provide but you may stop receiving this information at any time by contacting us.
15.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
15.3 Photographic Evidence may be taken during the delivery and of the final positioning of the spa, whether fully installed or left packaged at the delivery destination. Such photos and videos may be used as evidence in cases where claims are made, or for the purpose of marketing the products sold by East Coast Hot Tubs Ltd. Such evidence will contain only the product, and not in any way disclose the product location and or owners of the spas unless written confirmation is provided by the individuals in the photo.
15.4 East Coast Hot Tubs Ltd is fully compliant in the GDPR regulations set out in May 2018. The full compliance document is available upon request.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performing, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action;
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 any other acts of god.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks;
The acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
