TERMS & CONDITIONS
Aqua Spas Terms of Use
Use of our website is limited to browsing, making legitimate purchases and any other purposes not including but not limited to false, speculative or fraudulent purchases. Copying, reproducing, republishing, uploading, posting, transmitting or distributing of our website or its content is prohibited. Using technology such as deep-linking or embedding is also strictly forbidden.
Any unauthorized use of our site and/or its contents may infringe intellectual property and other laws. Warranty Disclaimer All content on our site is provided “as is” without any warranty, express or implied, including but not limited to merchantability, fitness for a purpose and non-infringement.
Our team, referred to as “Providers”, do not guarantee the accuracy, reliability, safety, or completeness of the content and will not be held responsible for any errors or omissions. We shall not be liable for any damages, direct or indirect, resulting from the inability or correct use of our content. The Providers cannot assume any obligation or responsibility. Use of the content may be restricted in places where the law does not permit this disclaimer.
Our Rights
We reserve the right to: Temporarily or permanently modify or withdraw the website with or without notice and will not be liable for any such modification or withdrawal. Change the terms and conditions at any time, and continued use of the site implies acceptance of the changes. Reasonable efforts will be made to maintain the website, but it may change from time to time and we will not be liable for any unavailability.
Stock Availability
We will make every effort to ensure stock is available at the time of order, but in the case of unavailability, alternative solutions or a refund will be offered.
Product Dimensions
All dimensions provided for Aqua Spas’ products are estimations. Given that many of our products are customised, actual dimensions may vary. Aqua Spas shall not be held accountable for any property damage or additional property outlays resulting from discrepancies in dimensions . It is the responsibility of the customer to ensure that the provided dimensions align with their specific requirements.
Payment Options
All transactions will be processed in South African Rand (ZAR) and can be made online or through EFT (contact us for banking details).
Third-Party Links
Links to other websites or resources may be provided for the benefit of users, but we are not responsible for the availability, content, or advertisements on these sites. We are not responsible or liable for any damage, loss, or offense caused by or in connection with the use of these external sites.
Governing Law
The terms and conditions will be governed by South African law, with South African courts having exclusive jurisdiction in any dispute. However, we reserve the right to pursue proceedings in alternative jurisdictions.
Indemnification
You agree to indemnify and hold us, our affiliates, officers, agents, employees and Providers harmless from any claims, demands, damages, expenses and losses including reasonable attorney’s fees arising from or in connection with your use of our site, violation of these terms and conditions or infringement of any intellectual property or other right of any person or entity.
Privacy Policy
We respect your privacy and personal information. Our Privacy Policy outlines the type of information we collect and how it is used. By using our site, you consent to the collection and use of information in accordance with the terms outlined in our Privacy Policy.
Intellectual Property
The content on our site, including but not limited to text, graphics, logos, images, audio and video material is protected by intellectual property laws and is owned by us or used with permission. The use of our content for any commercial purposes is strictly prohibited without written consent from us.
Communications
By using our site, you consent to receive communications from us. These communications may be in the form of emails, notices, or other correspondence.
Severability
In the event that any provision of these terms and conditions is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement
These terms and conditions constitute the entire agreement between you and us with respect to the use of our site. Any prior agreements, representations or understandings, either written or oral, are hereby superseded.
Contact Information
If you have any questions or concerns regarding these terms and conditions, please contact us. Our contact information is provided on our website.
TERMS AND CONDITIONS OF AGREEMENT WITH REGARDS TO ANY PRODUCT SOLD THROUGH OUR WEBSITE
The following shall be the terms and conditions of the Agreement arising from the order placed overleaf by the Client and accepted by Aqua Spa’s as hereinafter provided unless otherwise expressly varied in Writing and signed by a Member of Aqua Spa’s.
INTERPRETATION
APPLICABILITY OF CONDITIONS
TERMS OF PAYMENT
Customer Pay All Costs Upfront
LEGAL PROCESS
INSTALLATION AND RISK
WARRANTIES AND CLAIMS
REFUND POLICY
DEFAULT BY PURCHASER
7.4
At any rate to cancel the Agreement and claim and recover from the Client such damages as Aqua Spa’s may be able to prove it has sustained and Aqua Spa’s shall be entitled to retain all payments made by the Client prior to cancellation until the actual amount of damages has been determined by a Court, and thereupon set off such damages against the amount so held. In the event of cancellation by Aqua Spa’s in terms of any provision of this clause, Aqua Spa’s, without prejudice to its rights, may take possession of and remove the Equipment or works or materials in respect of which the Agreement Price has not been paid.
Customer Obligations
All Quotes Given By Aqua Spas:
All quotes is valid for three weeks from the date of issuance.
Electrical Requirements Supplied By Customers for all Jacuzzis:
Clients must provide the necessary electrical points for all Jacuzzis.
For SINGLE PHASE: A 32 amp supply with a minimum 4mm cable and 4 meters slack is required.
For 3 PHASE: A 20 amp per phase supply with a minimum 2.5mm cable and 4 meters slack is necessary. An isolator box should be placed at a minimum of 2 meters from the spa.
All obstacles must be cleared for the smooth delivery of any product unless otherwise specified.
Warranties
The Spa shell of all jacuzzis and wood fired hot tubs will remain structurally sound from the date of purchase for a period of three years.
The term “structurally sound” implies that the shell can contain and hold water and in the event of a failure to do so, the manufacturer will repair or replace the shell so that it does hold water. This Guarantee does not extend to or cover items external to the Shell. These items, such as
Piping and Plumbing Accessories are guaranteed for a period of three months from date herein. The pump and blower are covered by the manufacturer’s guarantee: pump – 1 year and blower – 6 months ( blower should not run for longer than 20 min at a time ). Electrical
components used carry no guarantee. This guarantee is invalid should the Spa and component parts be damaged by floods or
disasters not occasioned by the contractor such as Explosions, Wrecking and the like. Third party installations must be done according to Aqua Spas Installation instructions. This guarantee clearly defines that defects or failures caused by obvious mistreatment or neglect shall be repaired or serviced at the principal’s expense. Neither the present principal’s rights nor the Contractor’s obligations as specified in this guarantee are transferable in any way to any other party. In the event of a Warranty, a Warranty claim form must be filled in and
sent to our offices. We are a seasonable Manufacturer and response time may differ depending on season. Warranty products must be sent to the factory, or a transport fee may apply. This warranty is invalid unless the payment terms and conditions of the contract are honored.
CANCELLATION
NO CANCELLATION OF THIS AGREEMENT SHALL BE OF ANY FORCE OR EFFECT unless given in Writing by Aqua Spa’s.