In these conditions also mean -the seller: everyone who refers to these conditions in its offer; the contractor –
Buyer: the person to whom the aforementioned offer is directed; the contractor.
“Sunspa Benelux”: the company is driven under the trade Sunspa Benelux by Sunspa V.O.F. Benelux, established in Breda and registered
stands in the commercial register of the Chamber of Commerce in Breda under number 17,223,712.
“Buyer” means any natural or legal person who is in a contractual relationship Sunspa Benelux, under one with our purchase agreement or other agreement, and any natural or legal person who wishes to engage with us a sale or other agreement . In particular, the term “buyer” includes the person be delivered on whose behalf and for whose account products.
2.1. These Terms and Conditions apply to all offers of Sunspa Benelux and all agreements entered into with Sunspa Benelux.
2.2. The provisions of these Terms and Conditions may be waived only if and to the extent expressly agreed in writing. This derogation is valid only if all the members and the third party (ies) agree. A deviation can never be approved by a partner.
2.3. If the buyer to its Terms and Conditions refers to the conditions of the buyer do not apply.
2.4. Where these Terms and Conditions is spoken of (supply) goods these also means the provision of services and activities.
2.5. Where in these conditions and on the Internet site there is forms is including the model forms as shown on our web pages, including without including invoice vouchers and also the printed copies unchanged by the purchaser thereof.
3.1 Additional agreements and / or commitments binding on us only if these agreements and / or commitments by authorized representatives have been recorded in writing on behalf of Sunspa Benelux.
3.2 Offers or quotations on the Internet site should be considered as an invitation to potential buyers to make an offer. They bind Sunspa Benelux therefore in no way, unless the offer itself the contrary is explicitly stated in writing. The order applies given us an offer and can only lead to the conclusion of the agreement and compliance with the conditions in Article 3.4.
3.3 All offers and quotations are free. These are valid for 14 days. Delivery and implementation times are approximate.
3.4 An offer by the buyer to be deemed to be made to an agreement when Sunspa Benelux has received the completed order form by the buyer. An agreement is concluded at the time that we send to the buyer of our order confirmation.
3.5 Copper and Sunspa Benelux expressly agree that the electronic communication is a valid agreement, once these conditions and the ordering process is fulfilled. In particular, the lack of a signature does not affect the binding force of the offer and acceptance.
4.1 The prices listed on the website are only valid for 7 days. Sunspa Benelux does not guarantee the accuracy of the information listed on our website. The offer is intended as an indication of the goods and services that can be delivered. Specifications and prices subject to change without notice.
4.2 All prices are expressed in euros, including VAT and any disposal.
4.3 The method of packing, shipping and the packaging choice is determined by us. Packages are, unless otherwise agreed in writing, not taken back by us.
4.4 Our prices are based on the time of the conclusion of the agreement
applicable cost factors, such as exchange rates, manufacturer prices, raw material prices, wages and transport costs, taxes, duties and other government levies.
4.5 As stated in our price lists or a price on the order confirmation is incorrect, we reserve the right to still bring the right price charged. The buyer can then terminate the agreement by such writing and thereby send the goods back.
Calculations and descriptions
5.1 In the catalogs, on the Website, drawings, measurements and weights and similar data elements are intended only to give a general presentation. These data not legally binding unless they are explicitly included in a contract concluded by the parties.
5.2 The offer made by the seller, and the calculations made or provided by him, descriptions, models, etc. remain his property, irrespective of whether costs are charged.
The amount the seller must immediately upon delivery or the provision of services to be paid to him, unless otherwise agreed with him.
6.1 If Sunspa Benelux after entering into the agreement reasonable doubt may have as to the creditworthiness of the buyer it may, for (further) requiring the purchase price paid is whether the provision of a sound banking guarantee, up to the level of the amount to be recovered may have Sunspa Benelux under the buyer’s agreement, whichever Sunspa Benelux.
6.2 Paid by the buyer also all judicial and extrajudicial costs of any nature whatsoever incurred by Sunspa Benelux due to non-fulfillment by the buyer of his obligations. The extrajudicial costs are calculated according to the Dutch Bar Association recommended collection rate with a minimum of EUR 75.00 excluding VAT.
6.3 If the buyer does not within the agreed term pay is he supposed because rechtswege in default to be and the seller without any in gebrekstelling entitled him from the due interest to charge at a rate of four points above the promessedisconto of Dutch Bank as well as all the collection of his claim judicial and extrajudicial costs.
Delivery times and delivery times
7.1 The delivery period starts on the latest of the following dates: – the date of conclusion of the agreement. – The date of receipt by the seller of the contract performance necessary documents, data, permits and the like. – The date of receipt by the seller which, according to the agreement for the commencement of operations in advance by the purchaser must be paid.
7.2 If a delivery date or week has been agreed, the delivery period shall be the period between the date of conclusion of the agreement and the delivery date or week.
7.3 The delivery time is based on the time of concluding the agreement prevailing working conditions and timely delivery of the materials ordered by the seller for the execution of the work. If through no fault of the seller delays resulting from modification of said working conditions or by timely ordered materials for the execution of the work are not delivered on time to the seller, the delivery time will be extended as necessary.
7.4 The product has been delivered in respect of the delivery, if it is available to the buyer for transfer of ownership, or at least can be placed within his power, and is ready, and the buyer is notified thereof.
7.5 Some of exceeding the delivery time does not mean that the seller is legally in default. To this end, it is always required a further notice.
7.6 Exceeding the delivery time, the buyer is not entitled to perform without judicial authorization or have performed activities to implement the agreement.
7.7. Asks the buyer to make the delivery of goods to a person other than the usual way, we can bring the associated costs to the buyer.
7.8 If the goods are damaged, Sunspa Benelux will take the lowest of the following amounts deducted from the amount to be credited: – the cost of repair, or – the value of the product.
8.1 Immediately after the product has been delivered in accordance with Article 7 paragraph 4, the buyer bears the risk for all direct and indirect damages that may occur on or by this product, except to the extent caused by the fault of the seller. The seller is entitled upon expiry of a period of 6 months after the product is delivered goes to sell the goods and to justify the selling price after deduction of the amount owed by the purchaser.
8.2 Subject to the preceding paragraph and in Article 7 paragraph 4 applies, the ownership of the product passes to the buyer until all amounts due to the seller in respect of supplies or services by the buyer, including interest and costs full to the seller are satisfied.
9.1 Complaints for visible defects must immediately after discovery, but no later than 10 working days to pass the actual transfer of the case. Complaints concerning non-visible defects must immediately after discovery, but no later than 10 days after the expiry of the guarantee period referred to in paragraphs 2 and 3. Exceeding the time limits, any claim against the seller in respect of the relevant defects. Legal action must be brought within one year after timely complaint under penalty of forfeiture.
9.2 Without prejudice to the restrictions, the seller in both the soundness of which he delivered product and the quality of the materials used and / or supplies, during a period of 6 months after delivery under article 7, paragraph 4, unless a different period has been agreed, and the exclusion of visible defects.
9.3 Sunspa Benelux grants a 2 year warranty on the technical components (pump, control unit, etc.), one year to the ozone and 5 years on the cockpit from the date of installation. Jets are excluded, especially since copper can never guarantee or prove that he or she has managed to maintain the pH in the correct value. The TV is a 6 month warranty. The guarantee of the tank is structured as follows:
When the tank tearing subject to the following conditions:
1st year: 100% Guarantee
2nd year: 100% Guarantee
3rd year: 75% Guarantee
4th year: 50% Guarantee
5th year: 25% Guarantee
Other damage to cockpit
1st year: 100% Guarantee
2nd year: 80% Guarantee
3rd year: 60% Guarantee
4th year: 40% Guarantee
5th year: 20% Guarantee
You can take an extended service contract in addition to the standard warranty from your installer. At the time of installation, the installer will give you all the information. The guarantee expires when one or more components have been damaged by a malfunction caused as described below. Read this before using the spa.
9.4 Outside the guarantee are any defects that occur in or wholly or partially the result of: -the non compliance by the buyer of operating and maintenance instructions or other than the intended normal use. – normal wear and tear. – Assembly / installation or repair by third parties, including the buyer. – The application of any government regulation regarding the nature or quality of the materials used. – In consultation with the buyer used materials or goods. – Materials supplied for processing to the seller by the buyer. – Materials, goods, methods and constructions insofar applied at the express instruction of the buyer, as well as by or on behalf of the buyer supplied materials and goods. – By the vendor of third-party components in question, provided that the third party is no guarantee provided to the seller.
The spa should be around freely so that the mechanic on all sides of the spa can easily access. If this is not the case, the customer must take care of this.
9.5 Neither the vendor nor the seller are responsible for improper installation, improper use or modifications carried out by the buyer.
9.6 Under the amendment means any act which led to a defect can cause the spa hot tub or a part of it, or making it unsafe operating system. Damage caused by improper support is not covered under the warranty. The owner of the spa tub is at all times responsible for the proper condition of the bearing. Under misuse is any use of the spa whirlpool understood that does not correspond to the manual or use the spa tub for purposes for which it was not designed for.
9.7 If the buyer does not properly or timely fulfill any obligation for him from the agreement concluded with the seller or from a thus resulting cohesive agreement, the seller in respect of any such agreements to any guarantee, whatsoever held.
Applicable Law and Disputes
10.1 All between Buyer and Sunspa Benelux contracts and resulting legal relations exclusively Dutch law. The Vienna Sales Convention is expressly excluded.
10.2. All disputes arising out of or related to the agreement to which these conditions apply or the relevant conditions themselves and their interpretation or execution, shall be settled by the competent court in Tilburg or in the residence of the recipient jurisdiction, choice of Sunspa Benelux, unless otherwise agreed.
10.3. Notwithstanding the legal rules governing the jurisdiction of the civil court, any dispute between buyer and seller, in case the Court has jurisdiction, be settled by the court in Breda. Sunspa Benelux remains entitled to sue the buyer for the law or the applicable international treaty jurisdiction.
10.4. If the Purchaser is a Consumer or if his business or practice (including the buyer) three or fewer people are employed, he has the right for one month after Sunspa Benelux BV in writing on this provision professions to choose to settle the dispute by a civil court according to law.
11.1 Subject to the obligations arising from warranty is Sunspa Benelux never obliged to pay any compensation to the buyer and others, unless there is intent or gross negligence on our part. Sunspa Benelux is not liable for consequential damages, direct or indirect damages, lost profits and stop losses, including damage funds by the buyer arising from any delivery or non-delivery of goods or the goods themselves.
11.2 Sunspa Benelux is not liable for the proper and uninterrupted operation of the telecommunications infrastructure and peripherals used or for outages or her system. Below are include, but is not limited to malfunctions in connection with Internet providers, disruptions in telecommunication connections used, full utilization of lines, power failure and other malfunctions.
11.3 It is Sunspa Benelux is not liable for any damage caused by or may not be temporarily unavailable from the system, lack of access or removal of the Internet site of Sunspa Benelux for maintenance or otherwise.
11.4 The buyer is obliged to indemnify us against all claims that third parties relating to the execution of the agreement might do against us shall apply as the law does not preclude the relevant damage and costs borne by the buyer.
11.5. Sunspa Benelux accepts no responsibility with regard to the information provided by us regarding the products supplied by us. Sunspa Benelux also excludes any liability in respect of the advice and answers given by us questions via e-mail and / or telephone.
General obligations and responsibilities
12.1 The buyer is solely responsible forthe choice, use and application of products and / or services provided by Sunspa Benelux.
12.2 If the ownership of a product nogniet has passed to the buyer, the buyer will hetbetreffende product carefully and overeenstemmingmet any (other) Sunspa Benelux gebruiksvoorschriftenvan cq. suppliers of Sunspa Benelux, handling and use.
12.3 The buyer will Sunspa Benelux directly writing dehoogte set when any part of deproducten could be lost if hit or damaged.
12.4 The buyer is obliged to inspect bijaankomst products and report any defect directly Sunspa Benelux.
12.5 When using a spa tub of Sunspa Benelux, the buyer agrees to Sunspa Benelux bears no responsibility for improper dealing with the safety of the spa tub. If alcohol is consumed Sunspa Benelux is not responsible for the consequences. Even if there are children, ie persons under 16, unaccompanied use the spa hot tub Sunspa Benelux is not responsible for the consequences. See the instructions supplied Sunspa Benelux For an overview of all instructions.
sacrificing changes things
Sunspa Benelux is authorized to deliver goods that deviations from the matters set out in the purchase agreement. If Sunspa Benelux. this makes use and delivers goods that differs substantially from the case agreed, the buyer is entitled to terminate the agreement. The Purchaser has this power for 7 days after he has discovered the defect or could reasonably find.
Sunspa Benelux agrees a certain price with the other party, Sunspa Benelux is nevertheless entitled to increase the price. Sunspa Benelux may charge upon delivery of the prevailing price in its price list valid at that time. If the price increase exceeds 12%, the buyer has the right to terminate the agreement.
13.1. If the buyer is in default or fails to fulfill any of its obligations, then all reasonable costs incurred in obtaining payment out of court on behalf of the buyer. In any case, the purchaser shall be liable:
– For the first 2954.55 euros 15% with a minimum of 50.00 euros
– About the excess up to 5909.09 euros 10%
– About the excess up to 14772.73 euros 8%
– About the excess up to 59090.91 euros 5%
– About 3% more if
– Sunspa Benelux demonstrates that it has incurred higher costs which were reasonably necessary, these will also be recoverable.
13.2. The purchaser shall be liable to the vendor the judicial costs incurred by the seller in all instances, unless they are unreasonably high. This applies only if the seller and the buyer in relation to a contract to which these general conditions apply to conduct legal proceedings and a court ruling will become final in which the buyer shall be entirely or predominantly in the wrong.
Changes in conditions
Sunspa Benelux is authorized to make changes to these conditions. These changes take effect at the time of entry into force. Sunspa Benelux will timely send to the other party to the amended terms. If no date of entry into force is also divided subsequent changes to the other party into effect after the changes are communicated.
It is Sunspa Benelux permitted to deliver sold goods in parts. This does not apply if a partial delivery has no independent value. If the goods are delivered in parts, Sunspa Benelux is entitled to invoice each part separately.
If to be used to be delivered in the Netherlands outside the Netherlands Sunspa Benelux is responsible for ensuring that the goods to be delivered to the technical requirements or standards set by laws or regulations of the country where the goods are to be used, if at the close the sale of the use abroad mention is made. Also, all the technical requirements of the goods to be delivered by the buyer and which deviate from the normal requirements, should at the conclusion of the contract to be expressly reported by the buyer.
14.1. Both parties are required to disclose any confidential information they obtained in the course of their agreement from each other or from another source. Information is confidential if it is notified by the other party or if this results from the nature of the information.
14.2 If, pursuant to a statutory provision or a court ruling, user account confidential information to by law or by the court designated third parties also provide, and user be unable to invoke a legal or by the competent court recognized or permitted of change, then the user is not obliged to pay damages or compensation and the other party is not entitled to terminate the agreement pursuant to any resulting damage.