These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders ("Pre-Order") with Penguin Hot Tubs Limited (“we”, “us”, or “Penguin Hot Tubs”) for MSpa Concept Series MONO and or MSpa Premium Series TUSCANY ("Product or Products"). Please read these Terms carefully before submitting your Pre-Order of any Penguin Hot Tubs Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
1. Pre-Order Reservation
When placing a Pre-Order for Penguin Hot Tubs Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Penguin Hot Tubs shall have no responsibility or liability for inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or delivery information. You can update your information at any time prior to your product being delivered by sending an e-mail to email@example.com.
You acknowledge and agree that Penguin Hot Tubs may decline or delay reservations to avoid over subscription or as it deems appropriate, provided that we will make full effort to inform you within one (1) weeks of our receipt of your Pre-Order, and that you will be entitled to a full refund of the purchase Price.
You will be charged the full discounted price of the product at the time of placing the Pre-Order. If Penguin Hot Tubs is unable to commence delivery of the Product on or before 3 months of you placing the Pre-Order, Penguin Hot Tubs shall process a full refund to you. Your placing of a pre-order constitutes your express agreement to Penguin Hot Tubs of charging the full discounted Price of the Product at such time.
3. Delivery Schedule
Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Penguin Hot Tubs does not represent or warrant that it will be able to deliver the Product by the estimated date. As a result, in the event that a delay arises and the estimated delivery and/or release of the product is not met, Penguin Hot Tubs is not responsible for any damages or loss that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for in Section 5 below.
The purchase price ("Price") includes VAT at the current rate on date of purchase and delivery to mainland UK only – any delivery outwith mainland UK will require written confirmation and agreement from Penguin Hot Tubs.
You or Penguin Hot Tubs may cancel this reservation by terminating the Pre-Order at any time for any or no reason prior to our notice to you that your Product is ready for delivery. If you do so prior to our notice of delivery, you will obtain a refund of the purchase Price without interest. If Penguin Hot Tubs cancels your reservation you will receive a full refund of the purchase Price without interest (and you will not pay any processing fee).
6. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL PENGUIN HOT TUBS BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT PENGUIN HOT TUBS IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PURCHASE PRICE WITHOUT INTEREST.
7. Terms and Conditions of Sale
The purchase of the Products is subject to additional terms and conditions provided by Penguin Hot Tubs. The current Terms and Conditions of Sale can be found in the footer of the checkout page and are subject to change without notice. Your purchase of the Product will be subject to these terms and conditions and the refund policy.
8. Customer Information
9. Changes to the Terms
Penguin Hot Tubs reserves the right to change any of the terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 5 above.
10. JURISDICTION CLAUSE
Each of the parties to this Agreement irrevocably agrees that the courts of Scotland shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with this Agreement or its formation or validity and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of Scotland.
11. Miscellaneous Provisions
These Terms constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties.
UPDATED: 02 FEBRUARY 2019