Terms and Conditions
1. Format of the Contract
1.1 Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion).
1.2 If we accept your order, we will notify you by email that we have accepted it prior to dispatch of the goods. If we cannot accept your order (for example (but without limitation) because the goods are found to be unavailable) we will notify you by email within a reasonable period.
1.3 In the event that, after we accept your order, we discover that the goods ordered are unavailable or that there was a pricing error on our website in respect of the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods in accordance with conditions 3.1 to 3.2 below.
1.4 Unless specifically agreed in writing by Penguin Hot Tubs Limited all contracts are made upon these terms and conditions, which shall at all times override any terms and conditions, which a purchaser of goods imposes or seeks to impose.
1.5 All contracts made between you and Penguin Hot Tubs Limited will be governed by the law of the UK and both parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Scottish courts for determining any dispute concerning the contract or these terms and conditions.
1.6 The illegality, invalidity or unenforceability of any provision of the contract between you and Penguin Spas under the law of any jurisdiction shall not affect its legality, validity or enforceability nor the legality, validity or enforceability of any other provision.
2. Description and price of the goods
2.1 Penguin Hot Tubs Limited is a retailer of hot tubs, swim spas, spa chemicals, spa filters and aims to keep products in stock at all times so we can provide a satisfactory service for our customers.
2.2 All prices quoted include VAT at 20% unless otherwise stated.
2.3 Due to possible changes in prices, Penguin Hot Tubs Limited reserves the right to make price adjustments to the advertised prices.
3. Availability of Goods
3.1 If after acceptance of your order we discover within 14 days of such acceptance that all of the goods are unavailable, we may terminate the contract and refund or re-credit you within 7 working days for any sum that has been paid by you or debited from your credit card for those goods. In these circumstances, we will inform you as soon as possible.
3.2 If within 14 days of our acceptance of your order we discover that some but not all of the goods are unavailable, we will no longer supply those unavailable goods. In these circumstances we will email you detailing the goods that are unavailable and offer you the option of cancelling the whole order or amending your order to substitute the unavailable items with alternative goods. If you have not cancelled the order within 14 days of receipt of such notice, we will deliver the available goods in accordance with condition 4 below. We will refund or re-credit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable goods or cancelled order (if you have cancelled it).
4. Placing an order
4.1 To make an order online, simply click on “Add To Cart” next to an item of your choice and follow the steps to complete the order. We have ensured that the process is easy, simple and secure as possible. The customer is committed to the sale as soon as payment clears.
4.2 Penguin Hot Tubs Limited offers secure online ordering and uses secure payment methods such as Protx and Google Checkout.
4.3 If you do not wish to make a payment online, you can alternatively make a payment by telephone by contacting Penguin Hot Tubs on 0800 112 3886.
4.4. In the event that you have inputted incorrect information after confirming the order, please email us at firstname.lastname@example.org
5.1 Payment for the goods and delivery charges can be made by any method shown on the website at the time you place your order. Payment shall be due before the delivery date and time payment shall be a fundamental term of this agreement, breach of which shall entitle Penguin Hot Tubs Limited to terminate the contract immediately.
5.2 There will be no delivery until cleared funds are received. Delivery will be scheduled accordingly and customer notified by email immediately prior to the delivery date (or an alternative time as Penguin Hot Tubs Limited sees fit).
5.3 Penguin Hot Tubs Limited shall not be bound to deliver the goods until the goods including delivery charges and any other payment due have been paid in full.
6.1 The goods you order will be delivered to the address you give when you place your order. Please ensure that you have included the full address details, including the correct postcode of the delivery address, your daytime contact telephone number and e-mail address so we can notify you in the event of a delay in the goods being delivered to you.
6.2 Orders placed before 1.30 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays).
6.3 Any times or dates stated on our website or confirmation emails regarding delivery are estimates only, however Penguin Hot Tubs Limited will endeavour to ensure that the goods are delivered within the estimated time.
6.4 If delivery cannot be made to your address for any reason we will inform you as soon as possible.
6.5 If you deliberately fail to take delivery of the goods then without prejudice to any other right or remedy we may:
6.5.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
6.5.2 sell the goods at the best readily obtainable price and either (a), where you have not already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods or (b), where you have already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.
6.5.3 charge a redelivery fee.
6.6 If you fail to take delivery because you have cancelled your contract under the statutory right of cancellation period within 7 working days we shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods. Should you fail to return the goods, the supplier reserves the right to deduct any direct costs incurred in retrieving the goods as a result of such failure. You shall be required to return the goods at your own cost.
6.7 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, Penguin Hot Tubs Limited will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, we will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point.
6.8 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as ‘UNCHECKED’. Failure to do so may affect any warranty claims that you make thereafter.
6.9 Your item will be fully insured against damage or loss. Items must be checked upon delivery for damage or signed for as ‘UNCHECKED’ to enable us to process any insurance claim. Damages must be reported within 24 hours of delivery by email to email@example.com
6.10 In certain circumstances where large bulky items are being ordered for delivery to very remote locations (such as Scottish Islands) there may be an additional carriage charge. If your order falls into this category then you will be notified of the extra cost and given the option of accepting the extra charge or cancelling your order.
6.11 Please note that all palletised items are delivered on large vehicles and you must inform us of any vehicular restrictions that may cause a problem. Palletised items will be delivered to as close to your property as access permits with a pallet truck.
7.1 The goods are at your risk from the time of delivery.
7.2 Ownership of the goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due in respect of:
7.2.1 the goods, and
7.2.2 all other sums which are or which become due to Penguin Hot Tubs Limited from you on any account.
7.3 Ownership of goods shall not pass to you until the goods have been signed for on delivery.
7.4 The supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the supplier.
8. Returns Policy / Procedure
8.1 You have the right to cancel the contract at any time up to 14 days after you receive the goods (see condition 8.2 below ). Please note that this policy has some limitations.
8.2 If you change your mind about the product when you receive it you can return it at any time within 14 working days for a replacement of equivalent value or a credit against any item of higher value by filling in a returns form. If you cannot find anything that you would like to exchange the item for we will refund you for the item less the actual costs of collection.
8.3 Please note this is granted as an opportunity to inspect the goods and not a test period; goods for return must be new, unused, with the original packaging.
8.4 It is your responsibility to ensure that returned goods reach us in good condition. They should be well packed. You must return them to us or request us to collect them, in either case, at your cost.
8.5 Please remember to obtain a returns form and return number from customer services. You can get this information by emailing firstname.lastname@example.org.
8.6 The goods must be returned to us in perfect condition as delivered, with the original undamaged packaging. You should not write anything on the product packaging as the product will not be in its original condition and you will not be refunded.
8.7 If you are returning the goods it is recommended that you take out insurance against damage or if the goods go missing. Please ensure you wrap the parcel up in an outer box so as to ensure that the display or original box will not get damaged.
8.8 If you wish to return the goods more than 14 days after we have delivered them to you, this will be at our discretion and up to a maximum time of 30 days will be allowed. You must not have used the goods and must have kept them in the condition they were delivered. You must return them to us or request us to collect them, in either case, at your cost. There may be an additional administration charge of up to 15% of the purchase price of the goods returned.
8.8.1 We are not obliged to refund any item that has been used, any refund will be at our discretion based on the condition of the item and refurbishment costs.
8.9 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to Penguin Hot Tubs Limited at your own cost. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods the Penguin Hot Tubs Limited, after receiving notification, either collect the goods from you or ask you to return the goods in accordance with our Returns Procedure.
8.10 Once you have notified Penguin Hot Tubs Limited that you are cancelling the contract, Penguin Hot Tubs Limited will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
8.11 Any items that you return to us are at your own risk, therefore we strongly advise all our customers to take reasonable care when returning any items to us for example, by ensuring the goods are correctly addressed, adequately packaged, insured and carried by a reputable carrier. In most cases we use our own delivery company to collect.
8.12 All customers returning goods should keep proof of postage to facilitate claims should goods be lost in transit.
9.1 As standard, all new goods supplied by Penguin Hot Tubs Limited are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a customer. If new goods develop a defect during the 12-month warranty period, you should follow the Supplier's Returns procedure. In the event of a valid claim for a defect in the new goods, the Supplier will (at its option) either:
9.1.1 replace those goods, if Penguin Hot Tubs Limited has available the same goods at the same price;
9.1.2 repair those goods; or
9.1.3 refund or re-credit you the sum you have paid for the relevant goods within 30 days of the date that the relevant goods are returned in accordance with the Supplier's Returns procedure.
9.2 Wherever possible, previously used or owned goods ("Used Goods") will be highlighted clearly as being so used on the website at the time you place your order. All Used Goods supplied by Penguin Hot Tubs Limited are warranted free from defects for 30 days from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a customer. If Used Goods develop a defect during the 30-day warranty period, you should follow the Penguin Hot Tubs Limited Returns Procedure (see condition 12 below). In the event of a valid claim for a defect in the Used Goods, the Supplier will (at its option) either:
9.2.1 replace those Used Good(s), if Penguin Hot Tubs Limited has available the same Used Goods(s) at the same price;
9.2.2 repair the Used Good(s); or
9.2.3 refund or re-credit you the sum you have paid for the relevant Used Good(s) within 30 days of the date that the relevant Used Good(s) are returned in accordance with the Returns Procedure (see condition 12 below).
9.3 The warranties in conditions 7.1 to 7.3 above do not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the suppliers instructions, or any alteration or repair carried out without prior written approval.
9.4 If the goods supplied to you are damaged in transit, you should notify us in writing via the ‘Contact Us’ section of the website within 7 working days of receipt of the goods. Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs.
9.5 In particular, please note that any items returned to Penguin Hot Tubs Limited that you claim to be faulty or incomplete are checked and verified by our technicians. If applicable the buyer must return faulty goods at their own cost. Any returned items that are found not to be faulty or incomplete will be returned to you and we shall be entitled to charge you for the return carriage costs via your original payment method. In the event that your credit card has expired or is declined we will hold the item(s) until full payment has been made for the return carriage.
10. Limited Liability
10.1 Our entire liability to you under these Terms of Sale and Returns Policy / Procedure shall not exceed the price paid for the goods you have purchased, provided that we take reasonable care when we deliver the goods to you.
10.2 We will not be liable to you for any loss of revenue, profits, anticipated savings, goodwill or business opportunity, for any injury to your reputation or for any losses that are not reasonably foreseeable by both of us at the time your order is accepted.
11. Events Beyond Our Reasonable Control
11.1 We will not be responsible for any delay or failure to comply with these Terms of Sale or the Returns Policy / Procedure if the delay or failure arises from any event, which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods.
12.1 Product images are for illustrative purposes only and may differ from the actual product.
13.1 These terms and conditions and all transactions relating to this website are governed by Scottish law and are subject to the non-exclusive jurisdiction of the Scottish courts. 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.
UPDATED: 02 FEBRUARY 2019