Terms and Conditions

Please read this section carefully as it contains the legal terms and conditions that you agree to when you use our Site.
By using this website, you agree to be bound by these terms and conditions and you are deemed to have read and understood these terms and conditions of use and you are bound by these terms and conditions each time you access this website.
All rights reserved. No part of this website may be copied or reproduced in any form without the express written permission of the copyright holder. All intellectual and proprietary rights relating to this website remain the property of Just Spas Ltd.
You may not create any hyperlink or other similar form of connection to this website without the express written permission of Just Spas Ltd and the use of this website within in any other website by the use of framing or otherwise is strictly prohibited.
Whilst Just Spas Ltd makes every effort to ensure that the information contained in this website is accurate and current, we give no warranty or undertaking as to the quality, or freedom from error, of the contents of this website. The access or use by you of the contents of this website is entirely at your own risk. Just Spas Ltd does not make any representation or warranty and expressly disclaims any and all such warranties and terms in respect of any products, services, information or materials
The development of Just Spas Ltd products and services is continuous and published information may not be up to date. It is important to check the current position with Just Spas Ltd. Just Spas Ltd may at any time and from time to time without prior notice to you discontinue the website either permanently or temporarily or change any of these terms and conditions without affecting any accrued rights or liabilities.
Just Spas Ltd shall not be liable for any claims or losses of any nature, arising indirectly or directly from use of the data or material on this site, unauthorised access to this site, the accuracy, timeliness or completeness of the contents of the website or otherwise howsoever arising (except liability for personal injury or death arising from negligence or to the extent required by law). You agree to indemnify Just Spas Ltd for any loss or damage suffered by Just Spas Ltd arising out of your use of this website and/or your breach of the terms and conditions of use.
We may provide links to other websites from time to time. These links are provided for your convenience. We do not endorse or take responsibility for the content of those websites, are not responsible for the availability of them websites and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites you do so at your own risk.
The information you provide to Just Spas Ltd may be held by us for market research, tracking of data and so that we may communicate with you regarding products and services that we offer.

1. Definitions
The customer
A company or persons agreeing to purchase or using Just Spas products.

The company
Means Just Spas Ltd, Unit 16 Donkin Road, Armstrong, Washington, Tyne and Wear, NE37 1PF
The contract
Means the terms and conditions which bind the company and the customer for
the sale and purchase of goods and/or services on any particular occasion
and shall only have been deemed to have been made wherein in the company
accepts an order placed by the customer.

The consumer
A customer buying and using Just Spas products.

Just Spas products
Means the goods as described and acknowledged in the Order confirmation.

Third party products
Means products, which are and have not been manufactured or branded by Just Spas and supplied to Just Spas by third parties for, re-supply by Just Spas.

2. General
2.1 This Agreement applies to the supply by Just Spas to the customer of the products and/or services incorporating these terms and conditions. Variations to this agreement may be made in writing by Just Spas.

2.2 Placing your order means acceptance of this agreement save that in respect of contracts made after Just Spas has notified the customer of the issue of a later edition than any contract shall be subject to such later edition.
2.3 These terms and conditions shall apply to the contract save so far as varied by any special condition or term agreed by Just Spas and set out in the contract and signed by an authorised person, furthermore, Just Spas shall have the right (but shall not be bound) to treat the same as unconditional either in whole or in part as it shall be in its absolute discretion.

2.4 These terms and conditions and any special conditions shall be reasonable having regard to the nature of the contract but if any part of this agreement is unenforceable or void at law it shall not adversely affect or prejudice the remainder of the agreement and it shall be deemed to have been excluded from these terms and conditions and wherever possible to be replaced by such other enforceable and valid term and/or a condition as shall be as near as may be to the original in both form and effect.

3. Order Confirmation Form
Orders are accepted and are only binding when Just Spas confirm the order by sending an Order confirmation form in writing, and unless the customer notifies Just Spas of any mistakes contained therein within seven days, in writing, the said order confirmation form would apply to this agreement together with our terms and conditions.

4. Price
4.1 All quotations will be valid for 7 days unless otherwise stated. Just Spas reserves the right to change or modify any product including third-party products at any time but will endeavour to provide equivalent specification.

4.2 Any price quoted or given will be subject to VAT and carriage charges unless otherwise stated. Just Spas reserves the right to revise prices up to and including the dispatch of goods to reflect in/direct increase in costs to Just Spas.

4.3 Unless otherwise stated, the price does not include installation or training and if any such services are provided by the seller then the customer shall pay Just Spas its standard charges for them.

5. Payment
5.1 Payment shall be made prior to supply or service unless otherwise agreed, and in any event within 30 days of the invoice date. Payment will be in full and not subject to any deduction by reason of set off, counter-claim or any other reason whatsoever. Hot Tubs and spas require a £500 deposit which remains non-refundable after 7 days. Orders are only valid when this deposit has been received as cleared funds. The balance must be paid by cheque, bankers draft or bank transfer 10 days prior to target delivery date. A 2.5% charge is levied on all credit card transactions. Where the balance is not paid, in breach of contract, Just Spas will be entitled to retain the deposit to offset any loss of profit an unnecessary costs incurred.

5.2 The customer must make known to Just Spas the intended method of payment at the time of placing an order and purchasing goods, which can be varied by the customer. If the method of payment is varied it may delay the delivery of the goods, as a new scheduled date of manufacturing may have to be given.

5.3 Just Spas will suspend delivery of goods or service until full payment is received unless otherwise agreed in writing.

5.4 Interest on any sums due to Just Spas shall accrue from the date payment became due from day to day until the date of payment at the rate of 6% above the Base Rate of Barclays Bank Plc from time to time in force and in addition will accrue to run before and after any judgement.

6. Delivery / Title / Risk
6.1 Delivery or delivery and set up is not included in the price unless clearly stated.
6.2 If Just Spas agree to delivery and on attending site on the confirmed day are unable to affect delivery due to a customer being unprepared, a return visit to deliver the Hot Tub will incur a minimum cost of £250.00. If any cause outside the control of Just Spas makes it impractical for Just Spas to complete the order, the right to refund all monies paid without any form of compensation.
6.3 Just Spas will reasonably endeavour to deliver the goods or services within the approximate time specified in the Order confirmation form. Time of delivery shall not be of the essence and Just Spas will not be liable for any losses whatsoever as a result of any failure to meet any estimated delivery date.

6.4 Title to goods passes on full payment and until then the customer must insure and store Just Spas goods separately and in their original packaging and without modification whatsoever.

6.5 Unless otherwise agreed Just Spas may deliver by instalments and in such case each instalment shall be treated as a separate contract and any delay, default or non delivery in respect of any instalment shall not entitled the customer to cancel the remainder of the contract and furthermore Just Spas shall not be liable for any losses whatsoever arising out of any failure or late delivery.

6.6 Delivery of the goods shall be made at Just Spas premises unless otherwise agreed. Just Spas will on request by the customer making arrangements for carriage of the goods within the UK and at the customer's expense.

6.7 Until title to the goods has passed Just Spas shall have the right at any time to repossess the goods whether they be at the premises of the customer or elsewhere and without prejudice to the other rights and remedies of Just Spas under this contract. The Customer shall be liable for all transport and other costs and expenses of recovering the same.
6.8 Just Spas shall only be responsible for the customer's goods at its premises if the said goods have been duly authorised for return by Just Spas. In the event of theft, loss or damage of any goods at the company's premises without authorisation the Company shall not be liable in whole or part.

6.9 Should the customer sell or otherwise dispose of the goods before title passes, the customer will become Just Spas agent and keep such sale proceeds on trust and/or in a fiduciary capacity for Just Spas, and the said proceeds will be kept in a separate bank account whether collected by the customer or not.

6.10 Just Spas may also sue for the price before title has passed. If the customer fails to take delivery of any part of the goods as agreed and as required under the contract then Just Spas may charge the customer reasonable storage charges until such time as delivery.

6.11 Just Spas may also give written notice requiring the customer to take delivery within 14 days of the date of notice and in the event of the customer failing to take delivery then Just Spas may treat the contract as having been repudiated by the customer. The customer will be liable to Just Spas for all losses, damages and costs occasioned to Just Spas by virtue of such repudiation.

7. Acceptance
7.1 The customer will be deemed to have accepted the goods unless the buyer gives written notification of a defect by telefax or email to Just Spas within 1 day. After this period, the customer will have accepted the goods. If Just Spas agree to return of goods at its choosing, it must be in its original condition with packaging, together with a return note and proof of purchase; the return costs will be payable by the customer unless otherwise agreed.

7.2 In the event of an authorised refund all goods must be returned to Just Spas in their original condition and packaging before a refund can be processed. Just Spas will not be liable for any damage caused in transit due to incorrect or poor packing. Please therefore use your original packaging.
8. Installation and Operating Requirements
8.1 The buyer should always observe the following installation and operating requirements and Just Spas shall not be liable for any loss, whether direct, indirect or consequential, arising from any failure to do so.

8.2 Buyers are advised to use a professional registered electrician and must ensure compliance with the manufacturer’s electrical instructions, requirements and electrical regulations relating to this type of installation. Buyers must ensure in the event of the Hot Tub or its supply line going to earth this will only trip the supply to the spa and not the rest of the property, or computers and other electrical appliances which store data or are affected by a disruption of supply. The correct size fuse, a 30milliamp ELCB/RCD, the correct size of cable to suit the spa and length of cable run, must be fitted to any spa installation.

8.3 Set up is not included in the price of the goods unless clearly stated. If set up by Just Spas is undertaken this can only take place when the following requirements are in place. There must be easy level access over hard (not soft) surfaces with adequate allowance for the spa on its transport trolley, width and length, as well as no difficult corners. Just Spas may then place the goods in the position as instructed by the buyer, thereafter its responsibility shall cease. If the buyer has provided to the side of the spa an adequate length of cable to suit the supply, situation and spa, Just Spas will connect this to the spa, subject to the cable and supply having been correctly installed by a competent qualified electrician and the supply being protected by a 30milliamp E.L.C.B. Indoor use is at the buyer’s risk and precautions must be made for leaks and access for maintenance.

8.4 Portable spas and hot tubs are freestanding units and are not designed to be built into the premises. Furthermore spas should only be located on waterproof suitable flooring. A spa is a water filled vessel without an inbuilt drain. Spas can only be gravity drained slowly via a ½ " hose tail or pumped out with a submersible pump. Care should be taken to avoid drainage onto sensitive plants, ponds or running water containing fish or other life forms. Any vessel of this type can leak and cause damage with the volume of water involved. While indoor spa location is not recommended, if the spa is located indoors or on a surface where damage could occur, it is the responsibility of the buyer to make provision for dealing with a leak and limiting the risk of damage. Floor drainage should be considered on indoor locations where splash or leaks could cause problems, while any spa located over a basement or not on a ground floor should be fitted in a suitable bund tank with drain which should be able to handle the eventuality of any minor or major leak. Leaks can cause damage to both finish and structure of the surroundings if provision is not made to avoid such an occurrence.

8.5 The buyer should note that all dimensions are approximate due to variations in bespoke manufacture. Accordingly (although permanent fittings for spas are not recommended anyway) the buyer should not construct such fittings prior to delivery.

8.6 Just Spas spas and hot tubs are only supplied for light domestic use and are not commercial products.

8.7 For any warranty work buyers must ensure the spa is accessible from all sides and there is adequate working space.

9. Distance Selling Regulations 2000
9.1 These regulations apply to customers who have purchased goods using distance communication e.g. telephone, on-line, order form. They do not apply to business buyers or customers purchasing from our retail stores. They also do not apply to goods, which have been built to the customer's specification rendering the product a non-standard item. Furthermore, the regulations do not apply to used goods.

9.2 Cancellations must be confirmed in writing and clearly addressed to; Customer Services Department, Just Spas Ltd, Unit 16 Donkin Road, Armstrong, Washington, Tyne and Wear, NE37 1PF. The written cancellation will become effective 1 day following the date of posting.

9.3 The customer may cancel the order, from the date of initial order to one day before the dispatch date of the order, without any charges and Just Spas will refund the customer in full by the original method of payment. This excludes deposits on Hot Tubs and Spas.

9.4 Following manufacture and despatch the customer may also cancel the order up to seven days after delivery, starting with the first day after delivery, subject to clause 9.2.

9.5 The customer is responsible and has a duty of care, under the regulations, to take care of the goods and return the same unused in their original condition and packaging so that they may be re-sold.

9.6 Within thirty days of the written notice of cancellation, Just Spas will refund the customer, less appropriate deductions, by using the original method payment. Just Spas will deduct from any refunds the direct charges it has incurred.
9.7 The customer will be required to return the goods before a refund can be processed.

10. Warranty (subject to warranty type)
10.1 Just Spas products will be free from defects for 12 months in workmanship construction and material (excluding third-party products). If any defects appear during this period Just Spas will endeavour to repair or replace the product or item within a reasonable time providing it is notified within 1 day of the discovery of any such defect by the customer, and in writing.

10.3 The customer will allow Just Spas to examine the product at its premises providing the product is returned to Just Spas and transport charges are pre-paid by the customer unless otherwise agreed.

10.4 All reasonable care and endeavour shall be used to resolve the problem at Just Spas expense providing such defect was not caused by neglect, misuse, accident, improper handling, storage, installation or by a repair or alteration not affected by the company.

10.5 If the customer caused the aforesaid defect then the customer shall pay to the company the reasonable cost as specified by the company of any examination of the goods, which does not reveal a defect for which the company is responsible.

10.6 If a defect is revealed then Just Spas will remedy the defect, however, if such a defect is a third party product then the customer shall not be entitled to receive any greater benefit then will have been received by the company under any guarantee or warranty given to the company by a manufacturer thereof for the same. Any part replaced or repaired will be done so in accordance with Industry standards and practice. Just Spas will supply all details to the Customer in order that the Customer may obtain direct support from the Manufacturer.

10.9 The customer agrees to indemnify Just Spas against all liability whatsoever arising out of any claims which may be made against Just Spas by a third party for damage to persons or property alleged to arise out of the use of the goods by the customer save insofar as the right to such indemnification is excluded by statute or arises from defects in the goods which Just Spas is liable to repair or replace under these terms and conditions. Just Spas shall not in any circumstances be liable to indemnify the customer against any third party claim for economic loss.

11. Liability
11.1 Except where otherwise provided Just Spas gives no warranty that any goods supplied by the company are suitable for any purpose for which the customer may wish to use them and the customer shall establish the suitability of the goods for the customer's purpose without reference to the company.

11.2 Just Spas accepts no responsibility for faults related to products not supplied by it and reserves the right to charge for (any) technical support given or repair undertaken to correct the faults. Furthermore, it shall not be liable for any loss of use of the goods or any indirect or consequential loss; loss of the business profits; salary; revenue and savings arising out of any defect in the goods or otherwise.

11.3 Just Spas accepts no liability for any damage remedied by Just Spas within a reasonable time and for any loss avoidable by you through reasonable conduct following Grand Rapid's advice generally, except where otherwise provided in favour of the customer by statute.

11.4 Except where otherwise provided in favour of the customer by statute, all other warranty conditions, goods or terms relating to fitness for purpose, merchantability or condition of the goods whether implied by statute or otherwise are excluded.

11.5 The Company and the Customer have freely and openly negotiated the contract in the knowledge that the liability of the company is to be limited in accordance with these terms and conditions

12. Copyright
12.1 The customer shall not be entitled to any right whatsoever of copyright or design in respect of any goods and Just Spas shall be free to prepare, produce and sell similar goods to third parties without any restriction whatsoever.

12.2 The customer also warrants that any specifications or plans produced to Just Spas do not infringe or breach any copyright, design or similar rights in favour of any other party and will indemnify Just Spas against any liability, expenses and legal costs whatsoever reasonably incurred by Just Spas in respect of any claim which may be made against it for an alleged breach of any right.

13. Force Majeure
13.1 Just Spas accepts no liability whatsoever for delays in performance and any failure to perform all or any part of its obligations including delivery and service caused by circumstances beyond its control and if such failure shall be due to any act of God.

13.2 Without prejudice to the generality of the foregoing this condition will also apply to any other causes such as strikes; supplier/transport/production disputes; the effects of any statute or any regulation of any Government or regulatory body.

13.3 Either party may terminate this agreement without compensation should this last for more than 28 days.

14. Termination
Just Spas may terminate this agreement if you fail to pay within the time specified and either party may terminate this agreement if the other commits a material or persistent breach of this agreement and fails to remedy the same within 28 days of receipt of written notice.

15. Assignment
This contract and all benefits and obligations arising herein shall not be assigned or sublet without prior written consent of Just Spas. However, any benefit or obligation may be assigned or sublet by Just Spas to a competent third party. If any part of the agreement is found to be invalid or unenforceable by a Court, the rest will remain unaffected.

16. Miscellaneous
16.1 The customer is responsible for there own choice of product to best suit the purpose it is intended for and its suitability, and furthermore the customer is responsible for their telephone and postal charges in contacting Just Spas, if any. You must at all times provide Just Spas with all care and attention, co-operation, and access in order that it may carry out it's duties failing which Just Spas it will be released from all further obligations and shall not offer any further assistance.

16.2.1 Telephone calls to Just Spas may be monitored and recorded for training purposes and may be used to monitor the accuracy of the information provided by customers and staff including any dispute resolution.

16.2.2 All Just Spas notices, updates, policies, products and services can be found on www.Grand-Rapids.co.uk, which is updated at regular intervals. Please refer to this site for regular updates.

17. Data Protection
17.1 The customer's information and data will be held and/or transferred strictly in accordance with data protection laws. Just Spas warrants not to transfer the customer's data to any outside concern unless legally obliged to do so.

17.2 Without prejudice to the generality of the forgoing, in the event that you choose a finance option for payment Just Spas may transfer information about you to it's financiers who may use, analyse and assess information about you using a credit scoring or other automated decision making system having regard for the nature of the transaction. It may further exchange such information with other members of their group of companies for credit and financial assessment. Furthermore, from time to time, searches of your record at credit reference agencies may be made for statistical and fraud purposes.

17.3 Details of our financiers are available upon request that may be contacted to confirm the credit reference agencies and other third parties referred to above from whom they obtain and to whom may give information about you. You also have the right, subject to payment of a fee, to request certain information they hold about you if you apply to them in writing

18. Law of Contract
English Law shall govern this Agreement and any disputes arising thereof shall strictly be referred to the Courts of England.

19. Statutory Rights
19.1 These Terms and Conditions and all benefits and obligations shall apply to and without prejudice to any consumer rights at common law and statue. Furthermore they are not intended to infringe The Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1994.

19.2 Without prejudice to the generality of the foregoing you may withdraw from this contract within 7 working days subject to the return of goods in their original condition with packaging, together with a return note and proof of purchase; the return costs will be payable by the customer.

These terms are subject to change.

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