Terms and Conditions

Article 1 – Definitions

1. Supplier: Earth Spas, sole proprietorship registered at Veldstraat 15, 5931 GX Tegelen, Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 53491025.
2. Customer: any natural or legal person who concludes an agreement with the supplier.
3. Consumer: the natural person acting for purposes outside their trade, business, craft or profession.
4. Agreement: any arrangement between the supplier and customer relating to products and/or services.
5. Products: new and used hot tubs, jacuzzis, spas, spare parts and related products.
6. Services: repair, maintenance, installation, service, inspection and other work by or on behalf of the supplier.

Article 2 – Identity of the supplier

Article 3 – Applicability

1. These terms and conditions apply to every offer from the supplier and to every concluded agreement between the supplier and the customer.
2. Where the distance agreement is concluded electronically, the text of these terms is made available electronically before conclusion so that the customer can easily store them on a durable medium.
3. Deviations from these terms are only valid if agreed in writing.
4. If any provision is invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Article 4 – The offer

1. If an offer has a limited validity period or is made subject to conditions, this is explicitly stated in the offer.
2. The offer contains a full and accurate description of the products and/or services offered.
3. Obvious errors, mistakes or typing errors in an offer do not bind the supplier.
4. Every offer contains information enabling the customer to identify the rights and obligations associated with accepting it.

Article 5 – The agreement

1. The agreement is formed upon the customer's acceptance of the offer and fulfilment of the conditions attached to it.
2. The supplier may refuse a request or order or attach additional conditions to the extent permitted by law.
3. Where the agreement is concluded electronically, the supplier takes appropriate technical and organisational measures to secure the electronic transmission of data.

Article 6 – Right of withdrawal for consumer distance purchases

1. The consumer may withdraw from a product purchase agreement within 14 days without giving reasons.
2. For services, a 14-day withdrawal period also applies unless a statutory exception applies.
3. The withdrawal period for products begins on the day after the consumer, or a third party designated by the consumer other than the carrier, receives the product.
4. The withdrawal period for services begins on the day after the agreement is concluded.
5. During the withdrawal period the consumer shall handle the product and packaging with care.
6. The consumer bears the direct costs of returning the product unless otherwise agreed.
7. After a valid withdrawal the supplier shall refund all payments received from the consumer, including standard delivery costs, within 14 days in accordance with statutory requirements.
8. The supplier may use a model withdrawal form and shall inform the consumer where legally required.

Article 7 – Exclusion of the right of withdrawal

The right of withdrawal may be excluded to the extent permitted by law, in particular for:

• products manufactured according to the consumer's specifications
• clearly personalised products
• fully performed services, where execution began with the consumer's explicit prior consent and the consumer declared their acceptance that the right of withdrawal would be lost
• sealed products unsuitable for return due to health protection or hygiene reasons whose seal has been removed after delivery
• other statutory exceptions

Article 8 – Prices

1. All prices are in euros and inclusive of VAT unless otherwise stated.
2. Any additional costs such as delivery, installation, assembly, service or administrative charges are clearly stated in advance.
3. Prices will not be increased during the validity period stated in the offer, except for changes resulting from VAT changes, statutory obligations or clearly communicated circumstances.
4. For used products, custom work, installation or on-site services, additional costs may apply after prior notification.

Article 9 – Payment

1. Unless otherwise agreed, invoices are payable within 14 days of the invoice date.
2. The supplier may require a deposit or partial advance payment to the extent permitted by law.
3. If the customer fails to pay on time, they are in default after a demand notice and expiry of the period set therein.
4. In that case the supplier is entitled to charge statutory interest and reasonable extrajudicial collection costs to the extent permitted by law.

Article 10 – Delivery and execution

1. The supplier will execute orders and services with the greatest possible care.
2. The place of delivery is the address provided by the customer unless otherwise agreed.
3. Stated delivery times, installation schedules and service deadlines are indicative unless expressly agreed otherwise in writing.
4. In the event of a delay in delivery or execution, the customer is informed as soon as possible.
5. The customer must provide timely access to the site and ensure a safe and suitable working environment if installation, repair or maintenance is to be carried out on-site.

Article 11 – Conformity and warranty

1. The supplier warrants that the products and services delivered conform to the agreement, reasonable expectations and statutory requirements.
2. Any additional warranty provided by the supplier, manufacturer, vendor or importer does not limit the statutory rights of the consumer.
3. For used products account may be taken of age, use and condition of the product, provided this has been clearly communicated in advance.

Article 12 – Complaints

1. Complaints about the execution of the agreement must be submitted fully and clearly described by email to info@earthspas.nl within a reasonable time after the customer discovered the defect.
2. Complaints received by the supplier are answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the customer receives an acknowledgement within 14 days with an indication of when a substantive reply will follow.

Article 13 – Liability

1. The supplier is only liable for direct damage that is the direct result of an attributable breach of obligation or unlawful act, to the extent that this can be limited by law.
2. The supplier is not liable for indirect damage, consequential damage, loss of profit, missed savings or damage caused by business interruption, unless there is intent or deliberate recklessness or mandatory law provides otherwise.
3. Liability is limited to the amount covered by the liability insurance in the relevant case, or to the invoice amount of the relevant part of the agreement, to the extent permitted by law.
4. Nothing in these terms excludes liability where exclusion is not permitted by law.

Article 14 – Force majeure

1. The supplier is not obliged to fulfil an obligation if this is not reasonably possible due to force majeure.
2. Force majeure includes: outages, illness, fire, government measures, transport problems, internet or telecommunications disruptions, failure of suppliers or other circumstances beyond the supplier's reasonable control.

Article 15 – Intellectual property

1. All intellectual property rights in the website, texts, images, designs, quotations, documents and other materials vest in the supplier or its licensors unless otherwise indicated.
2. Without the supplier's prior written consent these materials may not be copied, published, edited or used except where permitted by law.

Article 16 – Personal data

1. The supplier processes personal data in accordance with applicable data protection legislation and the privacy policy on the website.

Article 17 – Governing law and disputes

1. Dutch law exclusively governs all agreements and these terms and conditions.
2. Disputes shall be submitted to the competent court in the district of the supplier's registered office, unless mandatory law provides otherwise.

Article 18 – Amendments

1. The supplier may amend these terms and conditions.
2. The version in force at the time the agreement was concluded applies to ongoing agreements, unless mandatory law requires otherwise.