The General Terms and Conditions (hereinafter referred to as GTC) are an integral part of the contract between Spa Solutions GmbH and the contractual partner of Spa Solutions GmbH (hereinafter referred to as customer). The GTC are unconditionally applicable to all contractual relationships between Spa Solutions GmbH and the customer, regardless of whether the contract was concluded on the basis of a sales talk on site, via a website operated by Spa Solutions GmbH (in particular www.spa-solutions.ch, Ricardo.ch, Tutti.ch and Facebook.com/Marketplace) or otherwise. The GTC take precedence over any existing terms and conditions of the customer and apply in the version in force at the time the contract is concluded. Deviating general or special terms and conditions or warranty conditions of Spa Solutions GmbH, which may specifically regulate the contractual relationship with the customer (e.g. when purchasing a product of the brand directly from Spa Solutions GmbH) and insofar as they have been explicitly declared applicable by Spa Solutions GmbH for the contractual relationship with the customer, shall remain reserved. In this case, these GTC shall only apply additionally in case of a gap. Other individual agreements between Spa Solutions GmbH and the customer, which amend or supplement the following provisions, are also possible and must be made in writing to be valid.

1st prizes

The prices shown in the catalogs and lists are guide prices that may be subject to change. Offer prices from Spa Solutions GmbH are valid for 14 days.

2. offers, orders

After receipt of the customer's acceptance by Spa Solutions GmbH, the customer shall receive an order confirmation with the essential content of the contract. However, the conclusion of a contract between Spa Solutions GmbH and the customer is subject to the condition that the product is still in stock or can be made available again by Spa Solutions GmbH at the time of processing the customer's acceptance by Spa Solutions GmbH.

The content of the order confirmation shall be decisive for the scope of the deliveries and services of Spa Solutions GmbH. The customer shall be deemed to have definitively accepted this confirmation unless he objects in writing to an incorrect reproduction of its contents within three working days of receipt.

All services that go beyond the services described in the order confirmation as well as additional costs, in particular in connection with delivery or assembly, shall be borne by the customer and shall be invoiced separately.

3. changes after conclusion of the contract

Changes or cancellations after conclusion of the contract are - subject to the consent of Spa Solutions GmbH - only possible for stock items and must be reported in writing within 7 days of conclusion of the contract. All other items, in particular those ordered specifically for customers, can no longer be changed or canceled.

 

4th packaging

Third-party packaging material, e.g. for deliveries directly from the factory, will be charged additionally at the factory conditions.

5. delivery / installation / collection

Delivery is made by truck or by post to the customer's domicile or construction site. The transportation costs are shown separately on the order confirmation. Delivery includes unloading (parking lot / valley station), but does not include installation. If assembly/installation has been agreed, one journey is included in the transportation price. Each additional journey will be charged separately. Disposal of the pallet/packaging is the responsibility of the customer and is at the customer's own expense.

The indication of delivery dates by Spa Solutions GmbH is not binding. Spa Solutions GmbH endeavors to meet the delivery dates, but does not guarantee them. Any claims for damages or a withdrawal due to non-compliance with delivery dates are rejected. At the customer's request and provided that this request was communicated by the customer to Spa Solutions GmbH upon conclusion of the contract, the goods can be collected from the Planzer branch in Regensdorf. The specific pick-up location will be communicated to the customer upon request. However, Spa Solutions GmbH does not guarantee any dates even in case of a pick-up by the customer and rejects any claims for damages due to delays of the pick-up possibility by the customer.

In case of delivery by Spa Solutions GmbH, Spa Solutions GmbH shall be entitled to make partial deliveries. A delivery date can only be met if the customer fulfills his obligations and Spa Solutions GmbH receives the information required for the delivery and, if applicable, assembly/installation at the agreed time or, if no time has been agreed, at least 14 working days in advance. In case of late arrival, Spa Solutions GmbH is no longer bound to an agreed delivery date. If there is no agreement regarding a delivery date, Spa Solutions GmbH will deliver as soon as the goods are available. If the customer is in default of acceptance or if he violates his obligations to cooperate, Spa Solutions GmbH shall be entitled to claim all resulting damages.

If the assembly/installation requires special (structural or organizational) measures such as the use of a crane or the opening of components, Spa Solutions GmbH must be informed upon conclusion of the contract. Spa Solutions GmbH is entitled but not obliged to take such measures itself or have them organized by third parties. Any resulting costs shall be borne directly by the customer. Spa Solutions GmbH reserves the right not to become a direct contracting party with regard to such services, but to commission this work to third parties on behalf of the customer. In any case, the customer shall ensure that a faultless assembly/installation by Spa Solutions GmbH or a contractual partner or an auxiliary person of Spa Solutions GmbH is possible. In particular, the customer shall ensure that the subsurface and any necessary power and water supply lines exist properly and in compliance with all specifications of Spa Solutions GmbH and that a professional and, if necessary, licensed electrician is present at the acceptance. An operational water hose leading to the device for filling the whirlpool/swimspa is also a prerequisite. If the delivered product should not/can not be put into operation at the same time as delivery, any additional expenses (e.g. due to a new journey to and from the site) will be invoiced separately. The responsibility for the availability of permits (from the municipality, neighbors, landlord, etc.) lies entirely with the customer. Spa Solutions GmbH assumes no liability in this regard and the absence of a permit or similar has no influence on the existence of the contract between Spa Solutions GmbH and the customer.

6. purchase on account Powerpay

6.1 MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the single invoice, you can simply pay for your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order overview in the following month.
6.2 Upon conclusion of the purchase contract, POWERPAY will assume the invoice claim and process the corresponding payment modalities. When purchasing on account, in addition to our GTC, you accept the GTC of POWERPAY. (powerpay.ch/en/agb).

7. transfer of benefit and risk

Benefit and risk of the contractual products shall pass to the customer upon dispatch of the deliveries ex works of Spa Solutions GmbH. In case of assembly/installation, the transfer of benefit and risk shall take place upon acceptance by the customer or his auxiliary person.

8. inspection of the goods

The customer must inspect the goods immediately upon receipt. Any transport damage must be reported immediately to the carrier. Furthermore, Spa Solutions GmbH must be notified immediately in writing. Other complaints, such as incorrect deliveries, must be made in writing or by e-mail within 5 days of receipt of the goods.

9. warranty for defects

The warranty service is limited to the free rectification of defects, whereby Spa Solutions GmbH decides whether the defective product will be repaired, replaced, a price reduction granted or the price refunded in full (without entitlement to a replacement delivery). The warranty is in any case limited to the defective product and does not include the assumption of costs in connection with the warranty service. In the case of a fully functional product with visual damage, Spa Solutions GmbH will decide whether a reduction or replacement can be claimed. Warranty work will only be carried out on the freely accessible product. If the product is installed or recessed, the corresponding preparatory work for uncovering and the desired dismantling - if carried out by Spa Solutions GmbH, a contractual partner of Spa Solutions GmbH or their assistants - is subject to a charge. In the case of indoor systems, appropriate openings must be provided so that the entire system can be replaced. Room ventilation must also be provided to prevent moisture damage. Spa Solutions GmbH shall not assume any costs incurred in this connection, nor any costs for lifting equipment in connection with the installation and removal of a defective product.

Any further warranty and in particular any liability for further direct or indirect damage in connection with a rejected product is excluded. This also applies to any non-contractual liability. Furthermore, damage caused by natural wear and tear, improper handling, carelessness or due to events beyond the control of Spa Solutions GmbH is also excluded from the warranty. A warranty claim is also excluded if the defect is due to improper assembly or manipulation by the customer or his assistants.

Spa Solutions GmbH does not guarantee exact compliance with the model specifications, dimensions, weights and colors. All information in offers, catalogs, lists and dimensional sketches are non-binding guidelines. The same applies to color illustrations. Minor deviations which do not impair usability are deemed to be accepted by the customer and cannot be objected to.

The following are excluded from the guarantee or are fully excluded:

Bleaching of the acrylic due to overheating of the whirlpool. All consumables such as condensers, ozone systems, fuses, cushions and filter covers, filters, damage caused by inadequate water care, damage caused by limescale deposits, damage caused by natural forces, damage caused by frost and damage caused by chemicals. Also improper handling, wearing parts of any kind, lamps and lighting fixtures as well as LED lights, batteries, rechargeable batteries, normal wear and tear, commercial use, damage caused by external influences (weather/storm damage, etc.). All waterfalls - especially the movable ones - can be severely functionally impaired by minimal limescale build-up. Spas fitted with LEDs may emit different or mixed colors due to the lens grinding and the color generator. This is accepted by the customer and does not constitute a defect and does not justify a warranty claim. Lift systems (cover aids), loudspeakers, CD, MP3 and stereo systems that are permanently installed in the contractual product are also excluded from the guarantee.

Unless otherwise agreed in writing, any warranty is excluded for used goods (e.g. second-hand pools) and for commercially used pools.

 

10. returns and cancellations

Returns without prior consultation with Spa Solutions GmbH will not be accepted. Furthermore, the return of faultless goods is only possible for stock items in their original packaging and only 90% of the sales price will be credited. Returns are no longer possible for deliveries made more than two weeks ago or for damaged or used items.

Cancellations must be made within 14 working days of the arrival date.

The customer has to bear the shipping costs in case of cancelation.

11. payments

Private customers are supplied in cash, by EC card, credit card or prepayment. Business customers are checked for their creditworthiness and the payment terms are adjusted accordingly. Depending on the amount of the order, Spa Solutions GmbH may require a down payment. All invoices (down payment invoices, advance payment invoices, final invoices) must be paid net within 10 days. All payments must be made in the specified currency and by bank transfer, postal transfer, EC card, credit card or in cash to the cash desk. Other methods of payment are excluded.

12. reservation of title

The delivered goods shall remain the property of Spa Solutions GmbH until full payment has been made. The customer is obliged to cooperate in measures necessary to protect the property of Spa Solutions GmbH. In particular, he authorizes Spa Solutions GmbH with the conclusion of the contract to register the retention of title in public registers at his expense according to the legal regulations and to fulfil all formalities in this regard.

13. right of withdrawal

Special incidents within the customer's sphere of influence, such as default of payment, payment difficulties or suspension of payment towards Spa Solutions GmbH, in case of several debt collections or debt collections in a not inconsiderable amount or in case of pending court or administrative proceedings against the customer shall entitle Spa Solutions GmbH to immediately terminate the contract including the lapse of any delivery and warranty obligations. The termination of the contract shall result in the maturity of all claims of Spa Solutions GmbH.

14 Applicable law and place of jurisdiction

The contract between Spa Solutions GmbH and the customer shall be governed by Swiss substantive law. The place of jurisdiction is Baden.

15. data protection

All personal data required for the execution of the order will be stored in machine-readable form, treated confidentially and processed and stored exclusively for the purpose of collection (correspondence, processing of orders). The data required for the processing of an order, such as name and address, may be passed on to the companies commissioned with the delivery of the object of purchase. The customer authorizes Spa Solutions GmbH to store and use his address data for sending newsletters and information on his own behalf by e-mail and/or post until revoked. Upon request, the customer will be provided with information about the stored data. In addition, there is a right to data correction and a right of objection and revocation at any time. Any consent given can only be revoked with effect for the future. This does not affect the legality of the processing up to the point of revocation. Spa Solutions GmbH is responsible for data processing, correction, blocking or deletion. There is also a statutory right to lodge a complaint with the competent supervisory authority.