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
 
1.1 In the interpretation of these conditions the following words and expressions shall have the following meanings unless the context otherwise requires. “Client” means such person or entity as shall have placed an order with Aqua Spa’s for the supply of goods and/or materials and/or services which has been accepted by Aqua Spa’s.
“Agreement Price” means the amount set out in Aqua Spa’s invoice overleaf, subject to any variation confirmed by Aqua Spa’s in Writing and/or subsequent adjustment to be made thereto in terms of these conditions.
“Equipment” includes all goods supplied by Aqua Spa’s to the Client in terms hereof, the installation thereof by Aqua Spa’s or its agent.
“In Writing” shall mean and include any communication by email, WhatsApp or social media.
“Member” shall mean and denote a Member as defined in the Close Corporation Act of 1984.

1.2 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the female and words importing persons shall include partnerships, bodies corporate and juristic persons.
 
1.3 In the interpretation hereof, the headnotes to paragraphs are inserted for reference purposes only and shall not affect the interpretation of any provision hereof. 
 
 
APPLICABILITY OF CONDITIONS
 
2.1 These conditions supersede all prior negotiations, quotations, representations and/or agreement, and all other terms expressed or implied whether by law or custom or otherwise, including usages of trade. No other conditions nor any amendment hereof or warranty or guarantee whether purporting to have been given by any Member, employee or agent of Aqua Spa’s or otherwise shall be binding on Aqua Spa’s, unless specifically accepted by Aqua Spa’s in Writing. No variations from these Conditions and no contrary stipulations by the Client shall be valid unless specifically accepted by Aqua Spa’s in Writing and then only to the extent of such acceptance and in the event of any conflict between any conditions purporting to have been introduced by the Client whether before or after these Conditions have been conveyed to him and which have not been OM so accepted, the provisions hereof shall prevail
 
TERMS OF PAYMENT
 
The Agreement Price as stipulated overleaf shall be paid as follows
 
3.1 In cash, to Aqua Spa’s by way of an initial deposit as indicated overleaf, and the balance before delivery and completion of installation of the Equipment. For the avoidance of doubt Aqua Spa’s, in its absolute discretion shall determine whether installation of the Equipment has been completed,
or
3.2 Third party finance by way of an initial deposit as indicated overleaf and the balance through a Building Society or other financial institution to be approved by Aqua Spa’s. All payments in this regard shall be made directly to Aqua Spa’s. In addition to the aforegoing, in the event of this agreement being subject to the Client obtaining finance as aforesaid, this agreement shall be conditional upon such finance being granted in principle to the Client within TWENTY ONE (21) days of the Client’s signature to this agreement. Should the Client not receive the finance within the time stipulated. this agreement shall be null and void and all amounts paid shall be refunded unless both parties agree to waive the condition in Writing.
 
3.3.1  Payment Terms when quote accepted for all Jacuzzis , Wood Fired Hot Tubs , Ice Bath Jacuzzis and Walk in Bats.
Once The Quote Are Accepted , Aqua Spas Will Generate An Invoice . 
Customer Pay Aqua Spas  60 % Non Refundable Deposit , To Start The Manufacturing Process .
Customer Pay Aqua Spas The Final Amount ( 40 % ) Before Delivery . 
 
 
3.3.2  Payment Terms when quote accepted for all Jacuzzi Covers and Spa Parts . All payments should be paid up front.
 
 
Customer Pay All Costs Upfront 
 
3.4 No payment shall be delayed on the ground of alleged default by Aqua Spa’s, nor shall the Client be entitled to set off any claim alleged against Aqua Spa’s whether arising out of the contract in question or otherwise.
 
3.5 Without prejudice to its other remedies, Aqua Spa’s shall be entitled to claim interest on all overdue accounts at the same rate as is certified by Aqua Spa’s Bankers as the 2300A overdraft rate which such Bankers charge or would charge Aqua Spa’s from the date of payment to actual payment.
 
LEGAL PROCESS
 
 
4.1 In the event of Aqua Spa’s having to take legal action against the Client to collect amount owing by the Client:
4.2 Aqua Spa’s shall be entitled (but not obliged) to institute proceedings in any Magistrate’s Court having jurisdiction over the Client’s person notwithstanding the amount of Aqua Spa’s claim, and the Client, by submitting his order, shall be deemed to have consented thereto.
4.3 The Client shall be responsible for payment of all legal costs incurred by Aqua Spa’s on an Attorney/Client basis.
4.4 All notices sent by Aqua Spa’s to the Client shall be deemed to have been property sent if dispatched by registered post to the address of the Client stated overleaf and to have been received by the FIFTH (5th) day after the date of posting, which address the Client further nominates to be its domicilium citandi et executandi for all purposes arising out of the contract between the parties.
 
INSTALLATION AND RISK
 
5.1 The Equipment shall be installed by Jacuzzi Doctor in accordance with the manufacturer’s directions. Aqua Spa’s take no responsibility for any damages caused during the Delivery or Installation Process.
5.2 Jacuzzi Doctor shall be entitled, for a period of THREE (3) months after installation, to enter the premises at reasonable times to make such adjustments to the Equipment as it may deem necessary
5.3 The risk in the Equipment installed and delivered passes to the Client on installation as aforesaid and the Client shall in the event of delayed payment, insure the same for such sums and against such risks as Aqua Spa’s or Jacuzzi Doctor may require. Ownership of the Equipment shall however pass to the Client only after the AGREEMENT PRICE has been paid in full. If third parties try to assert or substantiate rights to any Equipment in which case Aqua Spa’s or Jacuzzi Doctor may reasonably require to protect Aqua Spa’s or Jacuzzi Doctors rights in terms of this clause. i bris WARRANTIES, REFUNDS AND CLAIMS
5.4 Upon installation Aqua Spa’s shall provide the Client with such guarantees as supplied by the Manufacturers of the Equipment.
 
WARRANTIES AND CLAIMS
 
6.1 Skid pack must be adequately covered or guarantees become invalid.
6.2 Subject to the provisions of this clause, provided that Aqua Spa’s in its sole discretion is satisfied that the 
Equipment is materially defective in material or workmanship, Aqua Spa’s will either:
6.2.1 Replace the Equipment, or
6.2.2 Repair the Equipment, as Aqua Spa’s may in its absolute discretion determine. No claims will be recognized unless made in Writing.
6.3 All warranties, express or implied, whether statutory, in terms of common law or otherwise are expressly excluded save insofar as specifically accepted by Aqua Spa’s overleaf, and, if so accepted shall not extend to any proprietary articles or components supplied by or incorporated in the Equipment supplied by Aqua Spa’s which articles or components will be subject to the warranty of the manufacturer (if any) only.
 
Guarantees are NOT transferable.
 
REFUND POLICY 
 
Our policy for returns lasts for 7 days from the date of purchase. If more than 7 days have passed, we are unable to offer a refund or exchange.
 
 
Eligibility for Returns
To be eligible for a return, the item must be unused and in the same condition as it was received. The original packaging must also be intact.
 
Exceptions to Returns
The following types of items are not eligible for returns  :
 
All Our Jacuzzi Covers Are Non Returnable , Because they are Custom Made
All Our Jacuzzis Are Non Returnable , Because they are Custom Made
 
Proof of Purchase
A receipt or proof of purchase is required to process a return. Please do not send the item back to the manufacturer.
Partial Refunds
 In certain circumstances, partial refunds may be granted:
Hardware with obvious signs of use
 Items that are not in their original condition, are damaged, or missing parts not due to our error
 
Refunds
Please note a 15 % Handling fee will apply for non damaged goods. Once we receive and inspect the returned item, we will send an email to confirm receipt and advise on the approval or rejection of the refund. If approved, the refund will be processed and credited to your original payment method within a certain number of days.
 
Late or Missing Refunds
If you have not received your refund, please check your bank account. Then contact your credit card company as it may take time for the refund to be officially posted. If needed, also contact your bank. If, after all these steps, the refund has not been received, please reach out to us at admin@aquaspas.co.za
 
Sale Items
Only regular-priced items are eligible for refunds. Sale items cannot be refunded.
 
Exchanges
We will only replace items if they are defective or damaged. If you need to exchange an item, please send an email to admin@aquaspas.co.za and send the item to: Aqua Spas, [39 A Clarendon Street , Strand , Western Cape].
 
Shipping
To return an item, please mail it to: Aqua Spas, [ 39 A Clarendon Street, Strand , Western Cape ]. The cost of return shipping is the responsibility of the customer and is non-refundable. If a refund is approved, the cost of return shipping will be deducted from the refund. Please note initial delivery fees are also not refundable.
 
Shipping Time
Delivery time for exchanged items may vary based on location.
 
Trackable Shipping & Insurance
For items valued over R 1 000, we recommend using a trackable shipping service or purchasing shipping insurance as we cannot guarantee receipt of returned items.
 
Governing Law
This policy and all returns shall be governed and interpreted in accordance with the laws of South Africa.
 
Contact Us
If you have any questions regarding our return policy, please contact us at admin@aquaspas.co.za or 021 023 0305. Our customer service hours are Mon – Fri 8 am – 5 pm. We strive to respond to all inquiries within 7 days.
 
DEFAULT BY PURCHASER
 
In the event of the Client failing to fulfill on due date any of the terms and/or conditions hereof, or in the event of the Client suffering the judgment of any competent Court of Law to be taken against him and failing to settle or to note an appeal against the same within SEVEN (7) days of the granting of such judgment or of application being made for the sequestration of the Client’s estate as insolvent (or for its liquidation or judicial management in the case of a Company) or of the Client assigning or offering to assign his estate for the benefit of his creditors, then and in any such event Aqua Spa’s shall be entitled, without further notice (in addition to and without prejudice to any other rights available at law):
7.1 To suspend deliveries, installation and/or any further work on or in connection with the Equipment, and
7.2 To claim immediate payment of the entire balance of the Agreement Price, whether or not Aqua Spa’s is then able to complete installation, subject only to Aqua Spa’s obligation upon receipt of payment in full to fulfill installation in accordance with the terms of this Agreement, and/or
7.3 To cancel the Agreement and claim payment for all arrear installments due (if any) and to retain any payments already made by the Client, either as roukoop or by way of penalty or as liquidated damages, or as payment in respect of the prejudice which it is agreed will be suffered by Aqua Spa’s as a result of the Client’s breach aforementioned.

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.

Delivery Preparations by clients

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.
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