Terms of service
The General Terms and Conditions (hereinafter GTC) are an integral part of the contract between Spa Solutions GmbH and the contractual partner of Spa Solutions GmbH (hereinafter customer). The General Terms and Conditions apply without reservation to all contractual relationships between Spa Solutions GmbH and the customer, regardless of whether the contract is based on a sales pitch 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 General Terms and Conditions 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. Spa Solutions GmbH reserves the right to deviate general or special terms and conditions of business or guarantee, which may particularly regulate the contractual relationship with the customer (e.g. when purchasing a branded product directly from Spa Solutions GmbH) and insofar as they are used by Spa Solutions GmbH for the contractual relationship have been explicitly declared applicable to the customer. In this case, these General Terms and Conditions only apply as a supplement in the event of a gap. Other individual agreements between Spa Solutions GmbH and the customer, which change or supplement the following provisions, are also possible and must be in writing to be valid.
The prices listed 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 will 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 at the time of processing the customer's acceptance by Spa Solutions GmbH, the product is still available or can be made available again by Spa Solutions GmbH.
The content of the order confirmation is decisive for the scope of the deliveries and services of Spa Solutions GmbH. This is considered definitively recognized by the customer unless the customer objects in writing within three working days of receipt against incorrect reproduction of the content.
All services that go beyond the services described in the order confirmation and additional costs, especially in connection with delivery or assembly, are charged to the customer and charged separately.
3. Changes after the conclusion of the contract
Changes or cancellations after the conclusion of the contract are only possible for stock items - subject to the consent of Spa Solutions GmbH - and must be reported in writing within 7 days of the conclusion of the contract. All other items, especially those that have been specially ordered for customers, can no longer be changed or cancelled.
External packing material, e.g. B. for deliveries directly from the factory, will be charged in addition to the factory conditions.
5. Delivery / Installation / Collection
Delivery is by truck or by post to the customer's domicile or construction site. The share of transport costs is shown separately on the order confirmation. The delivery includes unloading (car park / valley station), but without bringing it in. If assembly/installation has been agreed, one trip is included in the transport price. Each additional journey will be charged separately. The disposal of the pallet/packaging is the responsibility of the customer and is at his own expense.
The specification of delivery dates by Spa Solutions GmbH is non-binding. Spa Solutions GmbH endeavors to meet the delivery dates, but does not guarantee them. Any claims for damages or withdrawal due to non-compliance with delivery dates will be rejected. At the request of the customer and if this request was communicated by the customer to Spa Solutions GmbH when the contract was concluded, the goods can be picked up at the Planzer branch in Regensdorf. The customer will be informed of the specific pick-up location upon request. Even if the customer collects the goods, Spa Solutions GmbH does not guarantee any appointments and rejects claims for damages due to delays in the customer's pick-up option.
In the case of delivery by Spa Solutions GmbH, Spa Solutions GmbH is entitled to make partial deliveries. A delivery date can only be met if the customer fulfills his obligations and the information required for the delivery and, if applicable, assembly/installation arrives at Spa Solutions GmbH at the agreed time, or if no time has been agreed, at least 14 working days in advance. In the event of late arrival, Spa Solutions GmbH is no longer bound to an agreed delivery date. Unless there is an 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 violates his obligation to cooperate, Spa Solutions GmbH is 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 when the contract is concluded. Spa Solutions GmbH is entitled but not obliged to take appropriate measures itself or have them organized by third parties. Any costs incurred as a result shall be borne directly by the customer. Spa Solutions GmbH reserves the right not to become a direct contractual party with regard to such services, but to commission this work from third parties on behalf of the customer. In any case, the customer must ensure that Spa Solutions GmbH or a contractual partner or an auxiliary person of Spa Solutions GmbH can carry out proper assembly/installation. In particular, the customer must ensure that the subsoil 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 routed to the unit for filling the hot tub/swimspa is also a requirement. If the delivered product should not/cannot be put into operation at the same time as delivery, any additional expenses (e.g. due to a renewed journey there and back) will be invoiced separately. The responsibility for the existence of permits (from the community, neighbors, landlords, etc.) lies entirely with the customer. Spa Solutions GmbH assumes no liability in this regard and the lack of a permit or similar has no influence on the existence of the contract between Spa Solutions GmbH and the customer.
6. Transfer of benefit and risk
The use and risk of the contractual products are transferred to the customer when the goods leave the Spa Solutions GmbH works. In the case of assembly/installation, the transfer of benefit and risk takes place upon acceptance by the customer or his assistant.
7. Inspection of the goods
The customer must check the goods immediately after taking them over. Any transport damage must be reported to the carrier immediately. Furthermore, an immediate written notification must be sent to Spa Solutions GmbH. Other complaints such as B. Wrong deliveries must be made in writing within 5 days of receipt of the goods in writing or by e-mail.
8. Warranty against defects
The warranty is limited to the free rectification of the defect, whereby Spa Solutions GmbH decides whether the product in question will be repaired, replaced, a price reduction granted or the price fully refunded (without the right to a replacement delivery). In any case, the guarantee is limited to the product complained about and does not include the assumption of costs in connection with the guarantee service. Guarantee work is only carried out on the freely accessible product. If the product is installed or sunk, the corresponding preparatory work for the exposure and the desired dismantling - if carried out by Spa Solutions GmbH, a contractual partner of Spa Solutions GmbH or their auxiliary persons - are subject to a charge. Appropriate openings must be provided for indoor systems so that the entire system can be replaced. Room ventilation must also be provided to prevent moisture damage. Spa Solutions GmbH does not assume any costs incurred in this connection, nor costs for lifting equipment in connection with the installation and removal of a product that has been the subject of a complaint.
Any further warranty and, in particular, liability for further, direct or indirect damage in connection with a product complained about 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 that are beyond the control of Spa Solutions GmbH are excluded from the guarantee. A guarantee 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 that the model specifications, dimensions, weights and colors will be strictly adhered to. All information in offers, catalogues, lists and dimensional sketches are non-binding guide values. The same applies to color illustrations. Minor deviations that do not affect the usability are considered accepted by the customer and cannot be objected to.
Excluded from the guarantee resp. are completely excluded:
All consumables such as condensers, ozone systems, fuses, cushions and filter covers, filters, damage caused by poor water maintenance, damage caused by limescale, damage caused by forces of nature, damage caused by frost and damage caused by chemicals. Likewise, 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 moving ones - can be functionally impaired by minimal lime deposits. Spas that are equipped with LEDs can emit different strong or mixed color tones due to the lens cut and the color generator. This is accepted by the customer and does not represent a defect and does not justify a guarantee claim. Lift systems (covering aids), loudspeakers, CD, MP3 and stereo systems that are permanently installed in the contractual product are also excluded from a guarantee.
Unless otherwise agreed in writing, any warranty is excluded for used goods (e.g. occasion pools) and for pools used commercially.
9. Returns and Cancellations
Returns without prior consultation with Spa Solutions GmbH will not be accepted. Goods that are free of defects can only be taken back if they are in their original packaging and only 80% of the sales price is credited. Returns are no longer possible for deliveries made more than two months ago, or for damaged or used items.
Cancellations must be made within 5 working days of the order date.
After this period, the cancellation costs 10% of the purchase amount.
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 request a down payment. All invoices (down payment invoices, advance payment invoices, final invoices) are to 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 register. Other payment methods are excluded.
11. Retention of Title
The delivered goods remain the property of Spa Solutions GmbH until full payment. The customer is obliged to participate in measures that are necessary to protect the property of Spa Solutions GmbH. In particular, upon conclusion of the contract, he authorizes Spa Solutions GmbH to enter the retention of title in public registers at his own expense in accordance with the statutory provisions and to fulfill all the relevant formalities.
12. Right of Withdrawal
Special events in the customer's sphere of influence, such as default in payment, payment difficulties or cessation of payments to Spa Solutions GmbH, in the case of several debt enforcements or debt enforcements in a not inconsiderable amount or pending court or administrative processes against the customer, entitle Spa Solutions GmbH to the immediate termination of the contract incl .the lapse of any delivery and guarantee obligations. A contract termination causes all claims of Spa Solutions GmbH to become due.
13. Governing Law and Jurisdiction
Substantive Swiss law is applicable to the contract between Spa Solutions GmbH and the customer. The place of jurisdiction is Baden.
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 (correspondence, processing orders). The data required for processing an order, such as name and address, may be passed on to the company commissioned with the delivery of the object of purchase as part of the delivery. 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 further notice. Upon request, the customer will be given information about the stored data. In addition, there is a right to data correction and a right of objection and revocation at any time. Granted consent can only be revoked with effect for the future. This does not affect the lawfulness of the processing until the revocation. Spa Solutions GmbH is responsible for data processing, correction, blocking or deletion. There is also a statutory right of appeal to the competent supervisory authority.