Terms and Conditions for purchases on or after the 10th June 2022
1.1 Welcome and what these terms cover. These are the terms and conditions on which we supply products to you and if agreed, positioning and installation services. These terms cover purchases on our website: our website can be found at www.bluewhalespa.com (Our Site), face to face, via phone and via our social media.
1.2 Why you should read them. Please read these terms carefully before you order any products or services from us. These terms tell you who we are, how we will provide products positioning and installation services (if agreed) to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss. Please note in particular the provisions of clause 13 of these terms which sets out details of our liability to you.
1.3 Changes to these terms. We may change these terms from time to time. These terms were last updated on 9th June 2022.
1.4 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Please note: these terms apply only to consumers and we do not supply products or services to businesses.
1.5 Buying from us face to face and use of Our Site. By using Our Site, creating an account, buying products and services from us, you agree to these terms and you confirm as follows:
- You are over the age of 18;
- You have read, understand and agree to these terms;
- You are a UK consumer; and
- You have authority to enter into these terms.
In addition, please also note that additional terms apply when you purchase products or services from us. These include our returns policy which can be found at: [https://www.bluewhalespa.com/return-and-refund/], our warranty cover which can be found at [https://www.bluewhalespa.com/hot-tub-warranty/] and our privacy and data protection which can be found at [https://www.bluewhalespa.com/privacy-policy/], and our cookies policy which can be found at: [https://www.bluewhalespa.com/cookie-policy/]. In addition, if you buy our products with the benefit of finance, additional terms will apply.
If you do not wish to be bound by these terms and the above policies, you will not be permitted to purchase products and services from us. If you have accessed Our Site, please navigate away from it and you may not create an account and/ you may not order products and/or services from us.
2.1 Who we are. We are Blue Whale Spa Ltd, a company registered in England and Wales with company number 7503863, whose registered office is at Blue Whale Spa Ltd, 11 Glaisdale Drive East, Nottingham NG8 4GU. Our VAT registration is GB 118175616.
2.2 How to contact us. You can contact us by completing our contact form on Our Site, or telephoning our customer service team on 0115 954 8888.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or as specified on your account.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.1 Placing an order/ making an enquiry. You can place an order with us by visiting one our showrooms or contacting us on either 0115 954 8888 or completing our contact form on Our Site.
3.2 What happens once you have made an enquiry. Following receipt of your enquiry we will confirm pricing, stock availability and discuss site preparation and delivery services. If you are purchasing the products with the benefit of finance, you will be referred to our finance provider who will, subject to your consent, conduct a credit search and make a finance application.
3.3 Next Steps: Non-Finance Customers. Once you’ve confirmed you would like to go ahead, and if we are able to supply the products and/or services you require, we will take a deposit payment. Once you have paid your deposit to us in cleared funds, we will send you an payment receipt by email. We will then send you an email setting out details of your proposed order (Order Confirmation). Please check the details in the Order Confirmation and if you need to make any changes, please let us know. Once you have confirmed to us that you want to go ahead a contract between you and us will come into existence and the Order Confirmation will form part of our contract with you.
3.4 Next Steps: Finance Customers. If you are purchasing the products with the benefit of finance you will need to have been approved for credit by the finance company before we take any further steps to progress your enquiry. Once you have been approved for credit, we will then assess whether we can supply the products and/or services you require and will be in touch via phone or email to inform you of this. Once you have confirmed that the details are correct, we will take the deposit payment and following receipt of cleared funds, we will send a payment receipt via email. We will then send an email setting out the details of your proposed order (Order Confirmation). Please check the details in the order confirmation and if you need to make any changes, please let us know. Once you have confirmed to us that you want to go ahead a contract between you and us will come into existence and the Order Confirmation will form part of our contract with you.
3.5 Order Confirmation. The Order Confirmation will include the order details for the products, confirmation of the deposit payment and remaining balance due, steps to be taken to prepare the site, electrical information and the hot tub manual (if applicable).
3.6 Pre-delivery Checks. Once your order is confirmed a pre-delivery check form will be sent via email. This must be completed before we can install your hot tub. After receiving the completed pre-delivery check form, the sales team will check for issues and, if necessary, call the customer to discuss the delivery arrangements.
3.7 If we cannot accept your order. If we are unable to accept your order for any reason, we will inform you of this in writing and will not charge you for the product and/or service. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because there is a problem with your payment details, because we have identified an error in the price or description of the product, because your property is not suitable in terms of access, deliver, installation or the products you have ordered or, we are unable to meet a delivery deadline you have specified.
3.8 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.9 Where we sell our products. We supply products within the UK Mainland and, subject to our agreement, we may supply products to other countries in Europe. Where we supply products outside of the United Kingdom, the terms of purchase may vary (for example, delivery costs, taxes and duties will be different and added to the cost of the order) and please note that we do not offer any warranty protection in respect of goods sold outside the UK Mainland.
4.1 Products may vary slightly from their pictures. The images of the products on Our Site, in our brochures or other marketing literature (Materials) are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images in our Materials.
4.3 Parts and chemicals; additional points to note. If your purchase parts and/or chemicals from us they must be used and/or installed strictly in accordance with the manufacturers’ recommendations.
4.4 Making sure your measurements and any other requirements you have are accurate. We will rely on the information you have provided to us in the Pre Delivery Check . You are responsible for ensuring that all the information on the Pre Delivery Check is true, complete and accurate because we will not visit your property prior to the delivery of the products.
4.5 You agree to co-operate and help us. We may also ask you to provide us with additional information such as pictures and access route videos. You agree to provide such information that we may reasonably ask for to enable us to deliver, position and install (if applicable) the product.
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product and/or services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6.1 Minor changes to the products. We may change any product:
(a) to reflect changes in relevant laws and regulatory requirements e.g., changes to safety requirements; and
(b) any changes necessary to accommodate changes to manufacturing processes or methods.
7.1 Prices of our products. The prices of our products are displayed in our Materials and our showrooms. The prices stated include VAT (unless otherwise stated), plus delivery, positioning and installation costs, details of which if agreed, will be provided to you in the Order Confirmation.
7.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product and/or services, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
7.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If you do not want to go ahead with your order in these circumstances, we will refund the sums you have paid as soon as possible, normally within 10 working days.
8.1 Methods of payment. We accept various methods of payment including cash, visa credit card, Mastercard credit card, debit card, bank transfers and payments via finance. Please note that if you require kerbside delivery or collection, we only accept a bank transfer as payment.
8.2 Deposits and Finance. A deposit will be required from you at the time you confirm you want to proceed with your order as set out in the Order Confirmation. . If you are purchasing the products via finance (subject to acceptance), details of the agreement will be provided to you in accordance with the consumer credit legislation, the terms of which will be as stated by our finance provider (Finance Terms). If applicable, the Finance Terms are a separate contract between you and our finance provider.
8.3 Payment in full before delivery. The products, positioning and installation services (if applicable) will not be delivered/ provided until we have received payment in full in cleared funds. It is your responsibility to ensure that your payment information is accurate and up to date. Please note that title to the products will not pass to you until we have received payment in full in cleared funds. See below if you have purchased your product using finance.
8.4 Payment via finance. If you have purchased your product via finance and your produce has been delivered, if there are any issues with the finance at a later date, you will be responsible directly to us for making payment in full.
9.1 Delivery, positioning and installation costs. The costs of delivery, positioning and installation (if applicable) will be set out in the Order Confirmation. If the information you have supplied in the Pre Delivery Check is incomplete, untrue and/or inaccurate, we reserve the right to charge you any additional costs and expenses that we incur as a result of such information being incomplete, untrue or inaccurate. Please note that delivery, positioning and installation does not include the hire of a crane which you will have to organise yourself. We will give you an estimated date for delivery and on the day of delivery we will provide you with a 2 hour delivery time slot which we will use our reasonable endeavours to meet. You shall give us at least two days’ notice of any changes to the delivery date. If we have to cancel or re-arrange delivery due to something which is your fault, we reserve the right to charge you the delivery costs together with any wasted costs we may incur.
9.2 Access information and other important points to note. Prior to delivery you must provide details of our access route to the required site for the products which will include pre-delivery photos or a video clearly showing the access route to the site.
9.3 Crane Services. Where you have organised third party crane services, it is your responsibility to ensure that the services are appropriate and are provided on the date we have arranged delivery with you. We will use our reasonable endeavours to liaise with you. Where you have organised crane services, you must check the products carefully after they have been offloaded from our transport before the crane contractor takes over the siting process. We are not liable for any damage caused by your appointed crane contractor. If your crane contractor is not in attendance on site at the agreed time, then we reserve the right to charge you waiting time for every extra 30 minutes.
9.4 When we will provide the products. We will aim to deliver your products to you as soon as reasonably possible. Our logistics team will contact you after you have placed your order to provide you with an estimated delivery date.
9.5 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as we are able to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
9.6 Being at home when the product is delivered. You as our customer must be at on site when the product is delivered to ensure that we have sufficient, appropriate and safe access to your property and sufficient room to park in the close vicinity of your property. We will not deliver if you have arranged for someone else to be present or no one is available. If you are not present to take delivery, we will attempt to re-arrange delivery with you but you will be responsible for any additional costs incurred as a result of delivery being re-arranged.
Please note, If you have placed your order using finance, the finance applicant must be on site during delivery.
9.7 If you do not re-arrange delivery. If you do not contact us to re-arrange delivery, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and you will be responsible for any wasted costs we have incurred as a result.
9.8 When you become responsible for the products. The products will be your responsibility from the time we deliver the products to the address you gave us.
9.9 When you own the products. You will own the products once you have received it and we have received payment in full.
10.1 What happens when the product is delivered. Subject to the terms of our contract with you, we will position the product and install it for you. You are responsible for ensuring that there is sufficient/ appropriate power supply to the product and that it has been checked and it is safe. If you have not elected to have the product installed, you shall arrange for it to be installed by a suitably qualified engineer.
Please note: We will not have any liability to you for installation if you have not paid for the installation services and/or the product is damaged/ faulty due to any third party installation. You are responsible for all site preparation which includes but is not limited to ensuring your power supply is appropriate and suitable and, ensuring you have a suitable water supply. Our engineer will not make any changes to the power or water supplies on site.
10.2 What happens if your power supply is not adequate. If your power supply is not adequate when we delivery the product, you will be responsible for ensuring that it is rectified and this may mean that we cannot commission it for you. Where we have agreed to provide installation services and are unable to do so because the power supply is not adequate/ suitable, you will be responsible for any costs we incur as a result of not being able to install the product. We may have to take the product back to our warehouse in which case you will be charged storage and any other wasted costs we may incur. In addition, if the power supply is not adequate and the product is damaged as a result, we will not be liable for any liabilities, losses, costs and expenses you incur.
10.3 Collection. If you wish to collect your product rather than have it delivered, we will arrange a suitable date and time for collection with you. Collection will be arranged during our normal warehouse working hours only. You will be asked to show your ID before collection so that we can verify your identity.
11.1 Range and availability of stock. We offer a range of products on Our Site and in our showrooms. We will try and notify you in advance as to whether your chosen product is in stock before you place your order but this is not always possible. If we have taken payment from you and then we are unable to supply your products, we will let you know and give you a refund, normally within 10 working days. We may permit you to reserve items which are out of stock and provide you with an estimated date of delivery. If your product is not available on the estimated date of delivery, we may offer you a suitable alternative or if that is not acceptable, you have the right to receive a refund of all the monies you have paid to us.
11.2 Alternative products. If we are unable to supply your chosen product after we have accepted your order, we will try and offer you a suitable alternative. If this is not possible (or you do not wish to proceed with the alternative), we will end the contract and give you a refund, normally within 10 working days.
11.3 Warranty. We offer a warranty on some of our products, details of which can be found at [https://www.bluewhalespa.com/hot-tub-warranty/]. Please note: the warranty terms will only be effective provided you have positioned and installed (if applicable), operate and use the product in accordance with the manufacturer’s recommendations/ guidelines.
11.4 Other points to note about installation. Once the product has been installed and commissioned, we will take a video of your product for our records which will be retained by us as a record of its condition. Please note that no personal data will be captured in this video.
12.1 Cancelling your order and changing your mind.
(a) If you wish to cancel your order, please let us know as soon as possible by filling in our customer service form or contacting us by phone on 0115 954 8888. If your order has not been processed and dispatched, we will let you know via email and refund you the cost of the products and any postage you have paid. If you cancel within 48 hours of delivery, we may charge you our wasted costs as a result of the cancellation which may include courier fees and engineer costs.
(b) If your product has been delivered to you, and provided you have ordered your product on the phone or via Our Site without visiting our showroom (i.e., not face to face), you have the right to change your mind and return the products to us within fourteen days; this is known as the cooling off period. The cooling off period begins on the date you received the products. If you wish to exercise the right to change your mind, please refer to our returns policy at [https://www.bluewhalespa.com/return-and-refund/] for further details.
Please note: if you have ordered your product face to face in our showroom the cooling off period does not apply but this does not affect your statutory rights.
12.2 How to tell us about problems. If you have any questions or complaints about the product, please complete the customer service form on Our Site or contact the customer service team on 0115 954 8888.
12.3 Faulty defective or misdescribed products. In the unlikely event that your products are faulty, defective or misdescribed, you can return them to us. Please see below for further details on returns.
12.4 Returns. Full details of our returns policy can be found at: [https://www.bluewhalespa.com/return-and-refund/]. Our returns policy explains in more detail when and how you can return products to us. Please note that our returns policy does not affect your statutory rights.
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.
13.3 We are not liable for business losses. We only supply the products for to you as a consumer for domestic and private use and therefore, we are not liable for business losses.
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this if our contract with you has not been performed in full. If you are unhappy with the transfer, you may contact us to end the contract within 10 working days.
14.2 You cannot transfer your rights under our agreement to someone else.
14.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 Delays beyond our control. We will not be responsible for events beyond our control. This is known as force majeure. A force majeure event may include but is not limited to natural disaster, terrorist attack, failure of or interruption to utilities, strikes, governmental regulations or restrictions, epidemic or pandemic. If we are delayed or prevented from performing our obligations for a force majeure reason we will contact you as soon as possible. If the event of force majeure continues for more than 6 months, you will have the right to end the contract and you may also be entitled to a full refund, depending upon the circumstances.
14.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products and/or services, we can still require you to make the payment at a later date.
14.7 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and either one of us can only bring legal proceedings in respect of the products only in the English courts.
14.8 Recycling and waste. We will remove any brand of electronic item (e.g., jet pump or hot tub) from your site free of charge if you purchase an equivalent electronic item from us. You will however have to pay for the costs of transportation to our site to enable us to recycle the item.