Gardenvity Terms & Conditions
1.1. SELLER: JSC FEROXI, hereinafter the seller company code: 304746897, VAT code: LT100011393810, hereinafter the seller.
1.2. CUSTOMER: a company or an individual, who is purchasing or willing to purchase product from seller, hereinafter the customer.
1.3. This agreement applies to the advertisement, sale and service of all products offered by the seller.
2.1. Payment methods: Paypal, bank transfer, credit or debit card.
2.2. For special payment terms please contact us.
3.1. The Seller shall supply and deliver with no extra charge to mainland UK, including Scotland (excluding Ireland, Northern Ireland, Channel Islands, Isle of Wight, Isle of Man, Scilly Isles, Scottish Islands).
3.2. The seller reserves the right to cancel and refund your order if seller does not deliver to the customer’s area.
3.3. The seller oblige to deliver the purchased goods to the customer’s stated address. Delivery is generally by a van (with a lift) and the customer must make sure that there is an access for this type of delivery.
3.4. Usually, to position the hot tub in place, additional 3-4 strong men will be required (to assist with the lifting of the hot tub). The customer must make sure that there is such assistance available if the positioning of the hot tub is done upon delivery.
3.5. Where seller’s driver is requested to or there is an implication that delivery should be made on the customer’s property or any private property, this may be done at the driver’s discretion but is entirely at the customer’s risk and responsibility. Any damage incurred owing to weight of delivery vehicle / driver negligence or any other damage is entirely at the customer’s risk and customer agrees to be responsible for any costs in making good.
3.6. Damage to lawns, flower beds, driveways adjacent to a narrow or difficult access route will be the responsibility of the customer.
3.7. You must advise seller if there are any access difficulties, and seller will endeavour to assist the customer to deliver purchased goods in the most difficult access situations but please note these types of operations may involve extra cost.
3.8. Any additional cost incurred by the seller to re-deliver any product because of access issues will be reimbursed to the seller by the customer.
3.9. The delivery period stated is approximate and usually is 4 to 7 weeks from the order (ask for exact delivery time for your area). All delivery periods stated are “advisory” and estimated. We shall have no liability whatsoever for delayed delivery. Please contact the seller if you do have specific requirements for delivery date or exact time of the day.
3.10. The goods remain at risk of the seller until delivery.
3.11. Once goods have been delivered to the customer they will be held at the customer’s own risk and the seller will not be liable for their loss or destruction.
3.12. Any missing parts or destruction caused by transportation must strictly be marked in the shipping document (CMR), which also must be scanned and sent to the seller within 2 business days of delivery.
3.13. Where included in the delivery, seller will not be liable for provision:
3.13.1. Outside normal working hours, weekends or public holidays.
3.13.2. For changes requested by the customer and not approved by the seller beforehand.
3.14. It is recommended to the customer to discuss the delivery process and arrangements with the seller prior to the order.
3.15. During the transportation, goods are insured by CMR (Convention on the Contract for the International Carriage of Goods by Road).
4. Acceptance and returns
4.1. The goods must be inspected prior the unloading. Any missing parts or destruction caused by transportation must strictly be marked in the shipping document (CMR), the document must also be scanned and sent to the seller within 2 business days.
4.2. If the product does not meet your expectations, we accept returns within 14 business days of receipt. Return shipping costs are fully covered by the customer.
4.3. To be eligible for a return, the product must be unused and in the same condition as it was delivered by the seller. It must also be with all the original tags, undamaged packaging, placed vertically on Euro pallet and strapped with plastic belts.
4.4. The customer is requested has to follow return procedures as described below:
4.4.1. Items can be returned within 14 business days of receipt.
4.4.2. Prior to returning the item, the customer has to contact the seller via phone or email and receive the authorization for the return.
4.4.3. The customer has to dispatch the returning item(s) within 14 days from the date of authorization for return received from the seller.
4.4.4. Returning goods must be shipped with the service providing a tracking number. Seller is not responsible and will not refund damaged or lost goods in transit.
4.4.5. There is a 100 euro handling fee for returned goods which will be deducted from the refund.
4.5. Once the returning item is received and inspected by the seller, customer will be notified and informed about approval/rejection of the refund. If the item is returned in good order, the customer will receive a 100% refund excluding the handling fee. If it is approved, the refund will be processed via Paypal within 30 business days from receiving returned goods to the account the original order was paid from.
5.1. We offer a 2 year material and manufacturing warranty. The following situations are specifically excluded from this guarantee:
5.1.1. Damage caused by incorrect handling, storage, installation, use, modification or repair not authorised by the seller.
5.1.2. Wear and tear due to normal use
5.1.3. Damage caused by freezing, because they can be avoided with correct use.
5.1.4. In the event of any part being replaced under a warranty, it is the customer’s responsibility to fit that part in.
5.2. It should be noted that all third party work, unless invoiced by us, including assembly or any modifications, are not part of this contract but shall form a separate contract between the customer and the third party providing mentioned services .
5.3. The Seller shall not be responsible for any unauthorised modifications to the hot tub and related parts or any occurrence relating to the effect of any modifications whatsoever.
5.4. Customer accepts that wood is a natural material. It differs from man-made materials; each piece of timber will have grains and knots which will vary. Being a natural product wood might react to changes in atmospheric conditions. Some splitting of the timber may occur as it expands and contracts with changes of humidity and temperature. This is perfectly natural and does not affect the integrity of the timber or the structure it is used in; therefore splitting, cracks & knots etc. are not covered by any guarantee.
5.5. The goods provided by the seller are natural products and as a result slight variations in colour, size and weight may occur from time to time. The seller will endeavour to keep these variations within limits but cannot guarantee continuity between batches of the goods.
5.6. Any missing parts or destruction caused by transportation must strictly be marked in the shipping document (CMR), the document must also be scanned and sent to the seller within 2 business days.
6. General safety
6.1. Children must be supervised by adults at all times when using a hot tub. The customer must read and follow all safety instructions included with the product by the seller.
6.2. When the hot tub is not in use, it shall be covered to prevent anyone from misusing the hot tub.
6.3. The water in the hot tub should not be heated too much. The recommended water temperature is 37°C and below 37°C for patients with heart and circulatory problems.
6.4. It is forbidden to jump and/or dive into the tub.
6.5. Take care of the stairs – leading to the tub especially at subzero temperatures when the water turns into slippery ice.
6.6. People with contagious skin infections should not use the tub. When bathing in cold weather, use a bathing cap to avoid catching a cold.
6.7. Do not use the hot tub if you are tired or feeling unwell. Prolonged bathing or bathing in excessively hot water may cause dehydration, and even a heat stroke.
6.8. In case the hot tub is placed near buildings, the customer is obliged to ensure that the chimney top is located away from flammable materials. The distance from chimney top should be three metres to any flammable material. A smaller distance is sufficient for the pipe of the chimney.
6.9. There should be no flammable material located in front of and below the heater.
7. VAT Policy
7.1. All prices include VAT of 21%.
7.2. If the customer has a valid VAT number and is based in the European Union, sale price excludes VAT.
8.1. All products are not for third party or commercial use.
8.2. Terms and conditions are valid only between the customer and the seller, if product is transferred to a third party terms and conditions are not valid.
8.3. Product design is the seller’s property, copying, reselling and other action unrelated to personal use is forbidden and protected by law.
9. Force Majeure
9.1. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights customer might have as a consumer under applicable local law or other statutory rights that customer may have, and shall not in any way exclude or limit seller’s liability to the customer for any death or personal injury resulting from seller’s negligence.
9.2. Unless caused by seller’s negligence, the seller is not responsible for any failure to deliver caused by circumstances beyond its control including, but not limited to, strikes, terrorism, war, weather conditions, exchange rate fluctuations, governmental or regulatory changes and natural disasters.