Terms of Sales & Delivery

Terms of Sales & Delivery

Please read our terms of sales and delivery carefully before you decide to purchase.

Scope

These terms of sale and delivery constitute an agreement between Amber Hot Tubs & Pods Ltd ("Amber Hot Tubs") and the natural or legal person or company that enters into an agreement ‘Purchaser’.

Definitions

Amber Hot Tubs & Pods Ltd t/a “Amber Hot Tubs”:

42 Woolsthorpe Road,

Woolsthorpe By Colsterworth,

Grantham,

England,

NG33 5NU

Entry into an agreement

Upon purchasing our products, the Puchaser is deemed to have accepted our terms and conditions and agrees to adhere to the basic operating procedures as outlined in the User Guide.

Prices

All quotations, price lists, delivery details, and promotional materials are indicative only and subject to written confirmation at the time of purchase. We reserve the right to modify prices at any time until a deposit has been made.

Right to cancel

Please be aware that all hot tubs are custom-made, and therefore, we do not offer a cancellation policy for orders. Once an order is placed and delivered, we cannot provide a refund as each item is handcrafted and cannot be resold. There is no refund policy. If the goods are constructed according to the specifications provided by the purchaser, there is no right to cancel. This condition is explicitly stated at the time the order is accepted.

Amber Hot Tubs reserves the right to terminate this agreement at any time, if notice is given in writing and any monies due are refunded. If the Purchaser chooses to cancel this agreement, Amber Hot Tubs retains the right to retain any costs incurred up to that point in fulfilling this contract.

Delivery, transport & damage

Amber Hot Tubs supply and deliver across the U.K., but delivery prices will vary based on location and any agreements with local dealers, if applicable. We reserve the right to cancel orders if we do not deliver to your area. Deliveries within the U.K. Mainland are typically made by a van with a flat-bed trailer. The Purchaser must ensure there is access for this type of delivery. Although drivers will attempt to accommodate reasonable delivery requests, it should be expected that delivery will be kerbside, with the customer's help needed to offload the tub. Three strong individuals are needed to assist with lifting a hot tub. The larger the tub, the greater the manpower required to manage its weight.

The Purchaser is responsible for unloading the sauna from our flatbed trailer using a forklift, JCB, or similar equipment.

The risk and responsibility of moving goods from the kerbside lie with the Purchaser. If our driver is asked to deliver onto your property or any private property, they may do so at their discretion, but it is entirely at Purchaser’s risk and responsibility. Purchaser will be responsible for any damage caused by the delivery vehicle, driver negligence, or any other damage, including to the product itself, and for any costs incurred in repairs. This includes damage to lawns, flower beds, driveways, or when access is narrow or difficult, which will be the Purchaser's responsibility.

Installation services may be available by prior arrangement, depending on factors such as access and geographical location, with costs determined on a case-by-case basis. Please contact us to discuss; this service is not guaranteed unless agreed upon.

The Purchaser is responsible for examining the goods upon receipt. If the Purchaser, on receipt, discovers that the consignment has been damaged during transportation, the Purchaser must immediately point this out on site to the parcel agent/ driver. The damage must then be described in the shipping document. Both parties must sign the document. If the transport company denies liability, the Purchaser must contact Amber Hot Tubs.

If articles are missing in the consignment, the Purchaser must immediately contact Amber Hot Tubs.

Complaints must be reported to Amber Hot Tubs within seven (7) days from the date of delivery of the goods. If the Purchaser fails to submit a complaint within the prescribed period, regardless of whether the Purchaser identified any damage prior to that, the Purchaser loses the right to claim in that regard.

The Purchaser approves the consignment and agrees that no visible damage is present on the goods received by signing the shipping document provided by the parcel agent or carrier. If the Purchaser identifies damage from transportation after the Purchaser has approved the consignment, the Purchaser has no right to compensation from the transport company or Amber Hot Tubs.

Purchasers are solely responsible for informing us of any access challenges; we will make every effort to facilitate delivery even in difficult circumstances, but please be aware that such operations may incur additional costs and are considered kerbside delivery unless otherwise arranged. Should Amber Hot Tubs incur extra costs due to re-delivery because of access issues, these costs will be charged to the buyer. The stated delivery timeframe is approximate, typically ranging from 2 to 6 weeks from the order date, and may extend during peak season. All stated delivery times are advisory and estimated, and we accept no liability for any delays. The goods are at Amber Hot Tubs' risk until delivered. Once delivered, the goods are at your risk, and we are not responsible for their loss or damage. For kerbside deliveries, the risk transfers to the Purchaser once the hot tub is unloaded at the kerbside (regardless of any additional assistance the driver(s) may provide). With the Installation service, the risk transfers to the Purchaser upon installation. Amber Hot Tubs reserves the right to reclaim any goods that belong to them and, if necessary, to enter the Purchaser’s property to do so. If the route is not classified by the transport company as a navigable route, the Purchaser is obliged to collect the goods from the nearest freight terminal. Any transportation costs deriving therefrom are payable by the Purchaser.

Replacement

Amber Hot Tubs has no obligation to replace non-defective goods.

Payment

The various payment options available to the Purchaser are provided BACS payment 24 hrs before delivery, cash on delivery and credit/ debit cards. Credit cards may be accepted only with prior arrangement and agreement.

A 'deposit', usually £500.00 but varying based on the model and customization level, is required along with the written confirmation order for all products. The remaining balance is due within 48 hours of the invoice being issued. If the deposit is not received within this period, the hot tub will be made available for sale again. The full balance must be settled before delivery to the Purchaser. The Purchaser is not entitled to withhold payment or exercise any lien against payments due. Once an order is placed, there is no refund policy, as each item is handcrafted and cannot be resold. Payments are non-refundable, and in certain cases, if a custom hot tub/ sauna is ordered and the Purchaser cancels, we may seek the full value of the product from the buyer.

Due dates and late fees in the case of an invoice purchase:

The invoice specifies the due date. In the case of non-payment or late payment, Amber Hot Tubs is entitled to charge interest to the Purchaser on the overdue amount at the rate of 4,5 % a year. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment.

If the invoice is not paid after the first reminder, Amber Hot Tubs is entitled to charge a late fee of GBP 100 for every reminder that is issued.

If Amber Hot Tubs is forced to take legal measures after issuing a third reminder that does not result in full payment of the invoice, Amber Hot Tubs is entitled to charge a late fee of GBP 450.

Reservation of ownership.

Title in the goods shall not pass from Amber Hot Tubs to the Purchaser until the Purchaser has made payment in full. Unless otherwise specified, Amber Hot Tubs sells products for final consumption. Until the goods have been paid for in full, they must not be assembled permanently, joined to other equipment, or sold on before they are paid for in full. The Purchaser must also store the goods separate, identifiable, in good condition and insured. Special terms and conditions apply to retailers approved by Amber Hot Tubs.

Warranty and complaints

As per statutory consumer protection Amber Hot Tubs provides a warranty for manufacturing and material defects to goods, for a period of 2 years from the date of delivery.

For legal persons and cases where implied terms do not apply, a 24-month guarantee for manufacturing and material defects apply.

Claims under the guarantee must either be submitted in writing to the address specified in section ‘Definitions’ or via email to info@amberhotubs.co.uk.

The Purchaser is entitled to the guarantee provided that the product is used and assembled in accordance with the accompanying instructions for assembly and use.

In the case of a valid Warranty claim, Amber Hot Tubs will, within a reasonable period, either

repair the product free of charge or;
replace the defective product with a new or equivalent product or;
if neither of the previous options are feasible, refund the purchase price of the product. The Purchaser is responsible for ensuring that any of its own installation- and building materials are removed to allow Amber Hot Tubs personnel access to the tub in the case of repair.

Amber Hot Tubs liability for compensation can never amount to more than the value of the defective part of the delivered goods.

Amber Hot Tubs is not liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if ether it is obvious that it will happen or if, at the time the agreement was made, both parties knew it might happen.

The guarantee is not valid if:

modifications are carried out to the product without prior approval in writing from Amber Hot Tubs.
(external) tools or items are connected to the product without prior approval in writing from Amber Hot Tubs
repairs were carried out using parts other than authorised spare parts or if maintenance was not carried out in accordance with the instructions.
Damage from frost or other adverse weather conditions
Use of incorrect fuels
Hot tub overflow
Misuse leading to overheating of the bubble system
Hot tub overheating (defined as exceeding 50 degrees Celsius)
External factors, such as the power source
Normal wear and tear
Damage or corrosion from improper chemical use or leaving water in the hot tub for extended periods (defined as over 5 days with any chemical or water treatments)
Fading from exposure to ultra-violet light when the hot tub is not in use
Products guaranteed by third-party subcontractors
Self-assembly kit issues

If the product must be returned for repair, the Purchaser is responsible for packaging the product in the same way as it was packaged on receipt and for making the product accessible at the place where the carrier engaged by Amber Hot Tubs unloaded it upon delivery. If a Warranty claim is approved, Amber Hot Tubs will compensate the Purchaser for the cost of return shipping from the aforesaid location. Should any work be classified as non-warranty, the buyer will be responsible for the incurred charges.

You acknowledge that wood is a natural material, and, unlike man-made materials, each piece of timber will have varying grains and knots. As a natural product, wood reacts to changes in atmospheric conditions. Timber may split as it expands and contracts with fluctuations in humidity and temperature. These occurrences are natural and do not compromise the timber's integrity or the structure it supports; thus, splits, cracks, and knots are not covered by any warranty. We are not liable for any issues arising from inadequate air ventilation/weather conditions that may lead to mold growth, etc. Additionally, we cannot be held responsible for insufficient draw/fire in the burning chamber due to the tub's location. The products supplied by Amber Hot Tubs are natural and may exhibit minor variations in colour, size, and weight. While Amber Hot Tubs strives to minimize these variations, continuity between batches cannot be assured.

Costs for non-warranty work:

Standard call out fee Bank Holiday £80.

Labour charges per hour begin upon arrival at the site £80.

Mileage one-way from NG33 5NU £1,20 per mile.

Parts are chargeable at the current rate. Please contact us for an estimate.

If your hot tub is surrounded by decking or is recessed into the ground, please ensure there is access for our technicians to perform maintenance. If creating access is not feasible, contact us before booking so our engineers can be prepared with the appropriate tools and time allocation for the task.

Hot tubs should be drained before repair, unless otherwise instructed by Amber Hot Tubs. Any delay in starting the repair, due to the tub not being emptied, will incur charges at the standard labour rate.

Amber Hot Tubs reserves the right to modify charges without prior notice. Payment for all repair invoices is required within 48 hours.

Electrical and final connections

Amber Hot Tubs does not provide electrical attachments, such as plugs or wiring, with its hot tubs or saunas. These products must be installed and connected to a circuit breaker and tested by a Part P certified electrician before use. It is not advisable to install a hot tub yourself unless you are a fully qualified electrician. The hot tub or sauna must be hard-wired to its own fused spur from your household consumer unit, not sharing a supply with other appliances. It should be protected by an MCB rated for the maximum amperage of the hot tub plus an additional 25% to accommodate brake torque. For example, a hot tub with a 20-amp maximum draw should have a 25-amp MCB. Outdoor cables should be shielded in protective ducting below ground or with Steel Wired Armoured cable, with the size determined by the electrician based on load and distance from the mains supply. The 13AMP hot tubs, which plug into a standard domestic power supply, require only an outdoor waterproof plug socket with RCD protection, installed by a qualified electrician.

Amber Hot Tubs liability

Amber Hot Tubs issues a disclaimer from all representations and commitments, expressed or implied, that are not expressly governed in these terms and conditions or derive from implied terms and conditions. Amber Hot Tubs is not liable for any direct or indirect property damage, personal injury, or economic loss because of its goods or services or in the event that it is not possible to use them. For avoidance of doubt, Amber Hot Tubs does not exclude or limit in any way our liability to you where it would be unlawful to do so (such as liability for fraud, death or personal injury caused by negligence).

The Purchaser agrees to indemnify and hold Amber Hot Tubs and its employees, owners and agents harmless from any claim, loss, liability and expense (including legal fees) arising out of or in connection with: (i) the Purchaser's use of the goods and services or goods and services obtained through the Purchaser's use of the goods and services, (ii) breach or violation by the Purchaser of any of these terms and conditions, (iii) Amber Hot Tubs use of the Purchaser's personal data, or (iv) breach by the Purchaser of the rights of third parties, including third-party suppliers.

Liability will not be accepted for Infections caused by inadequate water management.

Liability will not be accepted for theft from your premises, unless it is a result of our negligence.

Obligations

Amber Hot Tubs shall not be liable for any failure to deliver due to circumstances beyond their control, which include, but are not limited to, strikes, terrorism, war, weather conditions, currency fluctuations, changes in government or regulations, and natural disasters.

The Purchaser is accountable for:

Choosing the product and ensuring its appropriateness for the intended use.
Adhering to the manufacturer's instructions.
Any materials not included in the delivery.
Assembly, delivery to the designated location, installation of utilities, furniture, and decor, unless otherwise agreed upon.
Securing all necessary permissions for adherence to regulations and other relevant laws.
Collaborating with Amber Hot Tubs to facilitate the fulfilment of their duties.

Designation of applicable law and disputes

Provided that no implied terms and conditions provide otherwise, this agreement is governed by the law of England and Wales. If a dispute arises out of or in connection with this agreement the parties agree to enter mediation in good faith to settle such dispute. If the parties are unable to resolve the dispute within 30 days of it being referred to them, the dispute shall be finally resolved by the courts of England and Wales.

Where a class/collective claim is permitted under applicable national law, the Purchaser agrees with Amber Hot Tubs that each party can only file a claim against the other party in an individual capacity, not as a respondent or group member in a class/collective claim. No arbitrator or adjudicator may accumulate more than one person's claim or otherwise accept any kind of class/collective claim unless otherwise agreed by the Purchaser and Amber Hot Tubs.

This agreement was last updated on 14th of September 2024.