General Terms and Conditions of Sale
The present General Terms and Conditions of Sale, Guarantee and Refunds are applicable to all relations between any user of the site www.hottubs-wellis.com. The use of the services of this online shop assumes that the user has read and accepts the General Sales Conditions. We recommend that you read the Terms and Conditions carefully before placing your order. Once the purchase has been made, we will consider that the customer agrees and accepts each of the General Sales Conditions and Guarantees.
Online purchases are only allowed for private customers. If you are a professional or a company, please contact us.
1. General
SPAS-WELLIS offers products and services via its website www.hottubs-wellis.com. The General Terms and Conditions of Sale on this website only apply to direct sales via the website. These conditions also apply to sales by telephone or e-mail. These General Terms and Conditions of Sale apply only to natural persons of legal age, who are not professionals or traders. Any order placed through the Site must comply with the provisions of Article 1119 of the Civil Code. The Buyer must declare that he/she is of legal age and has the legal capacity to contract. This capacity is interpreted as articles 1145 and following of the Civil Code.
After having read these General Conditions and clicked on the icon indicating their acceptance, the Buyer must tick the box entitled "Validate order" and "pay" on the Site. This indicates a clear and unequivocal acceptance of these General Conditions, which constitute the contract between the Buyer and the Seller. These General Terms and Conditions of Sale apply exclusively to the Buyer and the Seller. These General Terms and Conditions of Sale are therefore the only ones applicable between the parties and prevail over all other clauses or conditions to the contrary that may appear in any of the Buyer's documents. However, and by express waiver, the parties may agree to contractual provisions different from the present ones, in the form of a contract or an express order, intended to govern a particular transaction concluded outside the Site.
Whenever these General Terms and Conditions of Sale are amended, SPAS WELLIS shall do so without notice. All terms and conditions that are in effect at the time of the Buyer's validation of his order shall apply.
2. Placing an order
To order or inquire about products presented on the website www.hottubs-wellis.com the user can use the following means: on our website: www.hottubs-wellis.com - by telephone at +32472827001 - by email to: info@spas-wellis.com Customers place an order by going through certain steps. : Adding the selected product to the basket by clicking on the 'Add to basket' button, Presentation of the order summary in the basket, which can be modified, and of the total price, Validation of the basket, . A user must create an account to access the purchase, Fill in the information required to validate the order, particularly concerning delivery
The General Terms and Conditions of Sale must be validated in order to confirm the order.
Choice of payment method,
In order for orders to be validated, the applicant must fill in the information relating to their delivery.
An order registration email is sent.
All orders placed by telephone are subject to a confirmation e-mail and payment constitutes acceptance of these general conditions of sale.
In all cases, the order is only validated once the deposit has been paid.
3. Products
The range of products presented on the website www.hottubs-wellis.com: may change and be modified without prior notice, without SPAS-WELLIS being able to pay any damages to the user. The visuals, technical documents and arguments are provided by the partners and suppliers of SPAS-WELLIS, which cannot be held responsible for the accuracy of the content. The spas are intended for outdoor installation. If indoor installation is envisaged, SPAS-WELLIS cannot be held responsible for any damage caused, such as water damage, leaks, electrical short-circuit, or an unlocked drain valve, which has damaged the interior of the home or premises. SPAS-WELLIS offers installation, connection and watering services which the Buyer may select when placing the order. Otherwise, the Buyer shall be responsible for the installation, connection and watering services, an installation manual being supplied with the product.
4. Image / Video
The photographs of the products presented on www.hottubs-wellis.com are a suggestion and have an indicative, non-contractual value and are provided by the manufacturer. As the photographs are a suggestion and have only an indicative value, the customer is informed and accepts that the product delivered may differ from the photograph. However, SPAS-WELLIS undertakes to use its best endeavours, as a matter of best endeavours and to the extent possible, to ensure that the delivered product resembles the photograph of the chosen product as closely as possible, in particular with regard to the shape, the dominant colour, and subject to the price formula chosen by the customer. There may therefore be differences from the illustrative photograph, but the product delivered will be of equivalent quality and value. All disputes shall not give rise to an exchange or a return with reimbursement within the framework of the legal guarantee of conformity, within the framework of the provisions of article 10 below.
5. Price
The prices of the products and services offered (delivery, installation, etc.) are indicated in EUROS, all taxes included (T.T.C) and are valid outside the sales period.
SPAS-WELLIS reserves the right to change the prices at any time at the request of its suppliers, it being understood that the applicable price will be that indicated at the time of the order. The monthly promotions applied on the website are available for all sales to individuals. Certain products may be subject to occasional promotional offers for a specific period of time. The user (Buyer) will not be able to claim the offer beyond the period of validity and/or the stocks on which they are based. All the prices indicated are indicative, the definitive price being confirmed after the validation of the order.
6. Availability
Product offers are subject to availability and may be modified without prior notice, without this giving rise to any claim on the part of the buyer.
For products not stored in our warehouses, offers are valid subject to availability from suppliers.
In the event of the unavailability of certain products, SPAS-WELLIS undertakes to inform its customers by e-mail or telephone within a maximum period of 30 days from the placing of the order and will offer them either a new delivery date for the missing product(s), or an equivalent product by adding or deducting the difference with the price of the initial product, or the reimbursement of the missing product(s), at the latest within 30 days.
7. Payment
Payment of the deposit :
After validation of the order, the purchaser must pay a deposit of 30% of the price, including all taxes, of the purchase made on the website www.hottubs-wellis.com
SPAS-WELLIS will not place an order with its supplier until the deposit has been paid. Any delay in paying the deposit will result in a postponement of the delivery date.
The method of payment of the deposit shall be selected by the purchaser from the various means of payment offered.
All orders, regardless of the method of payment selected, will only be registered after validation or receipt of the deposit.
Payments accepted :
By credit card :
The following credit cards are accepted:
Mastercard, Maestro, Carte Bleue, Visa.
The use of one of these partner payment cards implies the acceptance of the general conditions of use and sale by the user.
Online payment by credit card is perfectly secure and allows the user to enter the number, expiry date and security code of the card in the spaces provided. Indeed, the credit card details are encrypted thanks to the PayBox protocol and are never transmitted unencrypted over the network. Payment is made directly to the bank. SPAS-WELLIS cannot store these data on their servers. This is why they are requested again for each new transaction.
Payment by bank transfer:
The buyer can pay by bank transfer. The purchaser will receive an invoice with the IBAN details of the account to which the transfer is to be made, on which the customer must specify his quotation number. SPAS-WELLIS accepts no responsibility for the use of such a service, which is exclusively between the buyer and his bank.
Payment of the balance :
The remaining balance of the order amount must be paid within 7 days prior to delivery, the date of which shall be determined with the buyer.
In the event of non-payment or refusal of authorisation of payment by officially accredited bodies, SPAS-WELLIS reserves the right to suspend the processing of the order and its delivery. SPAS-WELLIS also reserves the right to refuse to make a delivery or to honour an order from a buyer with a history of outstanding orders in the past or in progress. SPAS-WELLIS reserves the right to request proof of identity or residence or any other additional information.
The buyer may not withhold any or all of the amounts owed to SPAS-WELLIS on the grounds of a complaint made by the buyer, nor may the buyer make any compensation.
8. Reservation of ownership
In accordance with the provisions of Law No. 80-335 of 12 May 1980, the products ordered shall remain the property of SPAS-WELLIS until full payment of their price by the purchaser. In the event of non-performance of its obligations by the purchaser, whatever the cause, SPAS-WELLIS may proceed to recover the products without prior formality, at the expense and risk of the purchaser. All responsibility for any problems with the delivery due to incorrect measurements taken in advance by the purchaser (failure to fit the hot tub in a room or garden) shall be borne by the purchaser, and SPAS-WELLIS shall not be liable in any way.
For all questions relating to the follow-up of the order
he may contact the SPAS-WELLIS service at the following e-mail address: info@spas-wellis.com
9. Right of withdrawal
In accordance with the provisions of articles L. 221-18 and following of the Consumer Code.
The Buyer, being a consumer or eligible for the provisions of Article L.221-3 of the Consumer Code, shall have a period of fourteen (14) days in which to inform SPAS-WELLIS of his or her wish to withdraw from all or part of his or her order, without having to give reasons for his or her decision.
To cancel your order in due form, you must make the request by registered mail with acknowledgement of receipt, to the following address PlanetSun, Rue de Magnée 54, 4610 Beyne-Heusay, Belgium. A confirmation of cancellation of the order will be sent to you if it is requested during the legal cancellation period (14 days after the day following the delivery). No return of goods will be accepted if the goods are not returned in new condition, in their original packaging (cover, stairs, accessories, manuals, ...) with a copy of the invoice, by registered mail with acknowledgement of receipt. Any product that has already been used, damaged, assembled, or whose original packaging has deteriorated will not be refunded or exchanged. Before any refund, exchange or credit note, an examination of the products by our technical services is systematically carried out, the procedures for refunds, exchanges or credit notes will be put in place, once the expertise of the goods has been carried out. The return of any product will be at the buyer's expense (carrier, etc.). These costs are estimated at 400 euros, it being understood that they depend on the carrier chosen, the number of Products returned, their dimensions, as well as the distance that the carrier will have to travel to collect the Product(s) to be returned and to bring them to the return address. This estimate is given as an indication and does not bind SPAS-WELLIS. The refund of the amount paid by the Buyer will be credited back to the account used by the Buyer through the service used by the Buyer at the time of purchase.
10. Guarantee
Upon receipt of the Products, the Buyer shall take note of the instructions for use and installation, as well as any other information supplied with the Products or communicated by SPAS-WELLIS.
SPAS-WELLIS shall be liable for defects in the conformity of the goods with the contract and for damage of a ten-year nature, under the conditions and within the time limits laid down by law and in particular by Articles L. 217-1 et seq. of the French Consumer Code, and for hidden defects in the goods sold under the conditions laid down in Articles 1641 et seq. of the French Civil Code.
The guarantee is 2 years on the spare parts of your spa. This guarantee includes the parts as well as the labour and the displacement of a technician when that proves necessary. The warranty is 3 years on the hydromassage pumps (this warranty includes parts only). The acrylic spa tank is guaranteed for 10 years: this is a guarantee on the structure of your tank. Scratches are not included in this warranty. In the event of osmosis, the spa will be exchanged in full.
In case of misuse of products not listed by SPAS-WELLIS, the guarantee is no longer valid.
Extracts from the Consumer Code:
Art. L.217-4.
The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. The goods conform to the contract if they meet the following criteria, where applicable
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability or any other characteristic provided for in the contract;
2° It is fit for any special purpose intended by the consumer, which was made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;
3° It is delivered with all the accessories and installation instructions to be provided in accordance with the contract;
4° It is updated in accordance with the contract.
Art. L.217-5.
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L.217-7.
Defects of conformity that appear within twenty-four months of delivery of the goods, including goods with digital elements, are, in the absence of proof to the contrary, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect claimed.
For second-hand goods, this period shall be twelve months.
Where the contract for the sale of goods with digital elements provides for the continuous supply of digital content or a digital service, any lack of conformity that appears at the time of delivery of the goods shall be presumed to exist
1° During a period of two years from the delivery of the goods, when the contract provides for this supply for a period of less than or equal to two years or when the contract does not determine the duration of the supply;
2° During the period during which the digital content or service is provided under the contract, when the contract provides for such provision for a period of more than two years.
Art. L.211-12.
- The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Guarantee for hidden defects
The guarantee does not apply to apparent defects.
Extracts from the Civil Code :
Art. 1641.
- The seller is bound by the warranty for hidden defects in the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price for it, if he had known about them.
Art. 1648.
-An action arising from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
In the case provided for by Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be relieved of the defects or apparent lack of conformity.
Guarantees may be exercised with SPAS-WELLIS by e-mail to service@spas-wellis.com, or in writing: send it to the following address PlanetSun, 54 Rue de Magnée, 4610 Beyne-Heusay, Belgium.
11. Personal Data
SPAS-WELLIS treats all information concerning its users with the utmost confidentialitý and in accordance with the French law French data protection law, the user has the right to access and rectify data concerning him/her. To do so, it is sufficient to send a request to SPAS-WELLIS at info@spas-wellis.com Such data will only be passed on to third parties in order to comply with legal and regulatory obligations.
12. Applicable law/ Dispute settlement
The present contract between a user and SPAS-WELLIS is governed by these general terms and conditions of sale and by French law. All disputes relating to the execution or interpretation of this Agreement shall be submitted to the competent courts.
13. Delay / Loss of a parcel
In the event of an unannounced and abnormal delay, the Purchaser shall send a registered letter with acknowledgement of receipt to PlanetSun, requesting it to fulfil its obligations and allowing it an additional period of 14 days. SPAS-WELLIS shall then initiate an investigation to determine the cause of the delay or absence of delivery.
If the package is found, it will be returned to the Purchaser in accordance with the delivery method provided for in the order.
If the package is not found, the Purchaser shall be reimbursed for the order as a result of the termination of the contract in accordance with the provisions of Article L 138-2 of the Consumer Code, unless the Purchaser prefers to have the ordered products sent to him/her if they are still available, at the expense of SPAS-WELLIS.
In the event of any anomaly concerning the delivery, the Purchaser is invited to make a handwritten reservation on the delivery note, accompanied by his signature, and to confirm this by registered letter with acknowledgement of receipt to SPAS-WELLIS as soon as possible; in which case no claim on the part of the Purchaser may be taken into account. The Buyer must open the package in front of the delivery person.
The installation, connection and watering services will be carried out, without waiver under the conditions mentioned in Article 9, after the expiration of the withdrawal period.
They shall be carried out by a technician partner of SPAS-WELLIS, at the latter's discretion.
For this purpose, an appointment shall be made by telephone on the number indicated by the Purchaser at the time of ordering, and possibly confirmed by e-mail or SMS. The Purchaser shall make every effort to be available at the fixed time slots or to allow access to the premises in the presence of a person of legal age that he/she has appointed. In the event of absence, the Buyer shall inform SPAS-WELLIS at least 48 hours in advance, failing which the Buyer shall be charged for the technician's travel expenses or the contract may be terminated in accordance with the conditions set out below.
The technician shall not take into consideration any changes made directly to him.