The General Terms and Conditions (hereinafter GTC) are an integral part of the contract between Spa Solutions GmbH and the contracting partner of Spa Solutions GmbH (hereinafter Customer). The GTC apply unconditionally to all contractual relationships between Spa Solutions GmbH and the Customer, regardless of whether the contract was concluded as a result of an on-site sales conversation, 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 valid at the time of contract conclusion. Deviating general or special terms 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 if they have been explicitly declared applicable by Spa Solutions GmbH for the contractual relationship with the Customer, are reserved. In this case, the present GTC apply only 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 require written form for their validity.

1. Prices

The prices listed in catalogs and lists are guideline prices and may be subject to change. Quotation 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 receives an order confirmation with the essential contractual content. 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.

The scope of deliveries and services of Spa Solutions GmbH is determined by the content of the order confirmation. This is deemed definitively accepted by the Customer unless the Customer objects in writing to an incorrect representation of the content within three working days after receipt.

All services exceeding those described in the order confirmation as well as additional costs, especially in connection with delivery or installation, are borne by the Customer and will be charged separately.

3. Changes after Contract Conclusion

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

 

4. Packaging

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

5. Delivery / Installation / Collection

Delivery is made by truck or post to the Customer's domicile or construction site. The transport cost portion is shown separately on the order confirmation. Delivery includes unloading (parking lot / valley station), but not bringing in. If installation is agreed, one trip is included in the transport price. Any additional trips will be charged separately. Disposal of the pallet/packaging is the Customer's responsibility and at their own cost.

Delivery dates given by Spa Solutions GmbH are non-binding. Spa Solutions GmbH strives to meet delivery dates but does not guarantee them. Any claims for damages or withdrawal due to non-compliance with delivery dates are rejected. At the Customer's request and if this request was communicated to Spa Solutions GmbH at contract conclusion, the goods can be collected at the Planzer branch in Regensdorf. The exact collection location will be provided to the Customer upon request. Even in the case of collection by the Customer, Spa Solutions GmbH does not guarantee dates and rejects claims for damages due to delays in collection by the Customer.

For deliveries by Spa Solutions GmbH, partial deliveries are permitted. A delivery date can only be met if the Customer fulfills their obligations and the information required for delivery and, if applicable, installation is received by Spa Solutions GmbH at the agreed time or, if no time is agreed, at least 14 working days in advance. If received too late, Spa Solutions GmbH is no longer bound to an agreed delivery date. If no agreement on a delivery date exists, Spa Solutions GmbH delivers as soon as the goods are available. If the Customer is in default of acceptance or violates their cooperation obligations, Spa Solutions GmbH is entitled to claim all resulting damages.

If installation requires special (structural or organizational) measures such as the use of a crane or opening of components, Spa Solutions GmbH must be informed at contract conclusion. Spa Solutions GmbH is entitled but not obliged to carry out or arrange such measures itself or through third parties. Any resulting costs are borne directly by the Customer. Spa Solutions GmbH reserves the right not to become a direct contracting party for such services but to commission these works in the Customer's name with third parties. In any case, the Customer must ensure that proper installation by Spa Solutions GmbH or a contractor or assistant of Spa Solutions GmbH is possible. In particular, the Customer must ensure that the substrate and any necessary power and water connections exist properly and in compliance with all Spa Solutions GmbH requirements and that a professional and, if necessary, licensed electrician is present at acceptance. An operational water hose connected to the device for filling the hot tub/swim spa is also a prerequisite. If the delivered product is not to be or cannot be put into operation at the time of delivery, any additional expenses (e.g. due to a repeated trip) will be charged separately. The responsibility for obtaining permits (from 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 effect on the validity 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 individual invoice, you can easily pay your online purchase by invoice. If you waive payment within the specified period, you will receive a monthly invoice with an order overview in the following month.
6.2 When concluding the purchase contract, POWERPAY takes over the resulting invoice claim and handles the corresponding payment modalities. When purchasing on account, you accept in addition to our GTC the  GTC of POWERPAY. (powerpay.ch/de/agb).

7. Transfer of Benefit and Risk

Benefit and risk of the contractual products pass to the Customer upon dispatch of the deliveries ex works from Spa Solutions GmbH. In case of installation, the transfer of benefit and risk occurs upon acceptance by the Customer or their assistant.

8. Inspection of Goods

The Customer must inspect the goods immediately after taking delivery. Any transport damage must be reported immediately to the carrier. Furthermore, an immediate written notification to Spa Solutions GmbH must be made. Other complaints, such as incorrect deliveries, must be made in writing within 5 days after receipt of the goods either in writing or by e-mail.

9. Warranty for Defects

The warranty service is limited to the free remedy of defects, whereby Spa Solutions GmbH decides whether the complained product is repaired, replaced, a price reduction granted, or the price fully refunded (without entitlement to replacement delivery). The warranty is in any case limited to the complained product and does not include the assumption of costs related to the warranty service. For a fully functional product with a cosmetic defect, Spa Solutions GmbH decides whether a reduction or replacement can be claimed. Warranty work is only carried out on the freely accessible product. If the product is installed or recessed, the corresponding preparatory work for exposure and desired dismantling – if carried out by Spa Solutions GmbH, a contractor of Spa Solutions GmbH or their assistants – is chargeable. For indoor systems, appropriate openings must be provided so that the entire system can be replaced. Also, room ventilation must be provided to prevent moisture damage. Spa Solutions GmbH does not cover any costs incurred in this context, nor costs for lifting devices related to the installation and removal of a complained product.

Any further warranty and in particular liability for further direct or indirect damages related to a complained product is excluded. This also applies to any non-contractual liability. Furthermore, damages caused by natural wear, improper handling, negligence or due to events beyond the control of Spa Solutions GmbH are excluded from the warranty. Also excluded is warranty service if the defect is due to improper installation or manipulations by the Customer or their assistants.

A payment retention due to a warranty or defect case is governed exclusively by clause 11.

Commissioning of Third Parties

If the Customer commissions external companies, craftsmen, electricians, service technicians or other third parties, this is generally at their own cost and risk. This also applies if the work is related to a warranty, defect or damage case.

Spa Solutions GmbH only covers costs of third parties if their commissioning and cost assumption have been expressly and in writing approved by Spa Solutions GmbH in advance. Unauthorized commissioning of third parties by the Customer does not entitle to reimbursement, cost coverage or offsetting against Spa Solutions GmbH.

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

Excluded from warranty or fully waived are:

Fading of acrylic due to overheating of the hot tub. All consumables such as capacitors, ozone systems, fuses, cushions and filter covers, filters, damage due to poor water care, damage due to lime deposits, damage due to natural forces, damage due to frost as well as damage due to chemicals. Also improper handling, wear parts of any kind, lamps and lighting fixtures including LED lights, batteries, accumulators, normal wear, commercial use, damage due to external influences (weather/storm damage etc.). All waterfalls – especially the movable ones – can be functionally strongly impaired by minimal lime deposits. Spas equipped with LEDs can emit differently strong or mixed color tones due to lens cutting and color generator. This is accepted by the Customer and does not constitute a defect or warranty claim. Also excluded from warranty service are lift systems (cover aids), speakers, CD, MP3 and stereo systems permanently installed in the contractual product.

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

 

10. Returns and Cancellations

Returns without prior consultation with Spa Solutions GmbH will not be accepted. Return of non-defective goods is only possible for original packaged stock items and only a credit of 90% of the sales price will be issued. For deliveries older than two weeks, as well as for damaged or used items, returns are no longer possible.

Cancellations must be made within 14 working days after arrival date.

The Customer must bear the shipping costs for cancellations.

11. Payments, Retention and Set-off

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

If an order is not yet fully completed – in particular because a defect or remaining work is still open after delivery, installation or assembly or a damage case is being processed – the Customer is entitled to retain a reasonable part of the outstanding invoice amount until completion.

The retention is limited to the estimated cost of remedying the complained defect, but at most 10% of the total order volume. Any retention beyond this as well as withholding the entire outstanding invoice amount is expressly excluded. The non-retained part of the invoice remains due for payment according to the agreed payment terms; retention does not constitute a deferral for the remaining amount.

Example: If the total order volume is CHF 20’000.– and a remaining invoice of CHF 10’000.– is open while a defect still exists after installation, a maximum of CHF 2’000.– may be retained. The remaining CHF 8’000.– must be paid on time.

The retained amount becomes due for payment upon remedy of the defect or completion of the case.

Set-off against counterclaims of the Customer is excluded unless these are acknowledged in writing by Spa Solutions GmbH or legally established by a court.

12. Retention of Title

The delivered goods remain the property of Spa Solutions GmbH until full payment. The Customer is obliged to cooperate in measures necessary to protect the property of Spa Solutions GmbH. In particular, by concluding the contract, the Customer authorizes Spa Solutions GmbH to register the retention of title in public registers according to legal provisions at the Customer's expense and to fulfill all related formalities.

13. Right of Withdrawal

Special events within the Customer's sphere of influence such as payment default, payment difficulties or suspension of payments towards Spa Solutions GmbH, in case of multiple debt collections or debt collections of a non-negligible amount or pending court or administrative proceedings against the Customer entitle Spa Solutions GmbH to immediate contract termination including the lapse of any delivery and warranty obligations. Contract termination causes all claims of Spa Solutions GmbH to become due.

14. Applicable Law and Jurisdiction

Swiss substantive law applies to the contract between Spa Solutions GmbH and the Customer. The place of jurisdiction is Baden.

15. Data Protection

All personal data required to carry out the order are stored in machine-readable form, treated confidentially and processed and stored exclusively for the purpose of collection (conducting correspondence, processing orders). Data necessary for processing an order such as name and address are passed on if necessary within the framework of delivery to companies commissioned with the delivery of the purchase item. The Customer authorizes Spa Solutions GmbH until revocation to store and use their address data to send newsletters and information about its own matters by e-mail and/or post. Upon request, the Customer will be informed about the stored data. Furthermore, there is a right to data correction and a right to object and revoke at any time. Consents given can only be revoked with effect for the future. The legality of processing until revocation is not affected. Spa Solutions GmbH is responsible for data processing, correction, blocking or deletion. There is also a statutory right of complaint to the competent supervisory authority.