General conditions of sale
These General Conditions of Sale, Warranty and Refunds are applicable to all relations between any user of the sitewww.spas-wellis.com. The use of the services of this online store assumes that the user has read and accepts the General Conditions of Sale.
We recommend that you read the Terms of Sale carefully before ordering. Once the purchase has been made, we will consider that the customer is in agreement and accepts each of the General Conditions of Sale and Guarantees.
Online purchases are only authorized for private customers. If you are a professional or a business, please contact us.
1. General
SPAS-WELLIS offers products and services through its websitewww.spas-wellis.com. The General Conditions of Sale appearing on this site only apply to direct sales via the site. These conditions also apply by telephone or e-mail. These General Terms and Conditions of Sale apply only to natural persons who are adults, non-professionals or traders. Any order placed through the Site must comply with the provisions of article 1119 of the Civil Code. The Buyer must declare that they are of legal age and have the legal capacity to contract. This capacity is interpreted as articles 1145 and following of the Civil Code.
After having read these General Conditions and clicked on the icon indicating their acceptance, the Buyer must tick the box entitled "Validate the order" and "pay" on the Site. This indicates clear and unequivocal acceptance of these Terms and Conditions, which constitute the contract between Buyer and Seller. These General Conditions of Sale apply exclusively to the Buyer and the Seller. These General Terms and Conditions of Sale are therefore solely applicable between the parties and prevail over all other clauses or contrary conditions that may appear on any Buyer's documents. However, and by express derogation, the parties may agree on contractual provisions different from these, in the form of a contract or an express order, intended to govern a particular transaction concluded outside the Site.
Whenever these General Conditions of Sale are modified, SPAS WELLIS does so without notice. All the conditions which are active at the time of the validation by the Buyer of his order will be applied.
2. Place an order
To order or inquire about products presented on the site www.spas-wellis.com the user can use the different means below:
–on our website: www.spas-wellis.com
– by phone at+32472827001
– by email to:info@spas-wellis.com
Customers place an order by going through certain stages. :
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Adding the selected product to the basket by clicking on the 'Add to basket' button.,
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Presentation of the summary of the order in the basket, editable, and its total price,
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Validation of the basket,
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. A user must create an account to access the purchase,
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Fill in the information required for validation of the order, and in particular concerning delivery
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The General Conditions of Sale must be validated in order to confirm
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Choice of payment method,
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For the orders to be validated, the requester must fill in the information relating to their delivery.
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Sending an order registration email.
Any order placed by telephone is the subject of a confirmation e-mail and payment implies acceptance of these general conditions of sale.
In all cases, the order is only validated upon validation of the payment of the deposit.
3. Products
The assortment of products presented on the website www.spas-wellis.com : may evolve and be modified without notice, without this giving rise to any payment of damages from SPAS-WELLIS to the user.
The visuals, technical documents and arguments are provided by the partners and suppliers of SPAS-WELLIS who cannot be held responsible for the accuracy of the content.
The spas are intended for outdoor installation, if indoor installation is envisaged, SPAS-WELLIS cannot under any circumstances be held responsible for any damage caused, water damage, leaks, electrical short-circuit, unlocked drain valve, having damaged inside the home or premises.
SPAS-WELLIS offers installation, connection and impoundment services that the Buyer can select when placing the order. Failing this, the installation, connection and watering services are at his expense, an assembly manual being delivered with the product.
4. Picture/Video
The photographs of the products presented on www.spas-wellis.comare a suggestion and have an indicative, non-binding value and are provided by the manufacturer. The photographs being a suggestion and having only an indicative value, the customer is informed and accepts that the product delivered may be different from the photograph.
However, SPAS-WELLIS undertakes to provide its best efforts, under an obligation of means and as far as possible, so that the delivered product resembles the photograph of the chosen product as closely as possible, in particular with regard to concerns the shape, the dominant color, and subject to the price formula chosen by the customer. There may therefore be differences from the illustrative photograph, but the product delivered will be of equivalent quality and value. Any disputes cannot give rise to an exchange or a return with reimbursement within the framework of the legal guarantee of conformity, within the framework of the provisions of article 10 below.
5. Price
The prices of the products and services offered (delivery, installation, etc.) are indicated in EUROS, all taxes included (TTC) and are valid outside the sales period.
At the request of its suppliers, SPAS-WELLIS reserves the right to modify the prices at any time, it being understood, however, that the applicable price will be that indicated at the time of the order.
The monthly promotions applied on the website are available for all sales to individuals.
Certain products may be subject to occasional promotional offers for a specific period of time. The user (Buyer) will not be able to claim the offer beyond the period of validity and/or the stocks to which they relate.
All the prices indicated are indicative, the final price being confirmed after the validation of the order.
6. Availability
The product offers are offered within the limits of available stocks and may be modified without notice, without this giving rise to any complaint on the part of the buyer.
For products not stocked in our warehouses, offers are valid subject to availability from suppliers.
In the event of the unavailability of certain products, SPAS-WELLIS undertakes to inform its customers by e-mail or telephone within a maximum period of 30 days from the placing of the order and they will be offered either a new delivery date for the or the missing products, either an equivalent product by adding or deducting the difference with the price of the initial product, or the reimbursement of the missing product(s), at the latest within 30 days.
7. Payment
Payment of the deposit:
After validation of the order, the buyer must pay a deposit of 30% of the price, all taxes included, of the purchase made on the site.www.spas-wellis.com
SPAS-WELLIS will not order from its supplier before the deposit has been paid. Any delay in paying the deposit will result in a postponement of the delivery date.
The method of payment of the deposit will be selected by the buyer from among the various means of payment offered.
Whatever the payment method selected, will only be recorded after validation or receipt of the deposit.
Payments accepted:
By credit card :
The following credit cards are accepted:
Mastercard, Maestro, Carte Bleue, Visa.
The use of one of these partner payment cards implies acceptance of the general conditions of use and sale by the user.
Online payment by credit card is completely secure and allows you to enter the card number, expiry date and security code in the spaces provided for this purpose. Indeed, credit card details are encrypted using the PayBox protocol and never pass unencrypted over the network. Payment is made directly to the bank. SPAS-WELLIS cannot save this data on their servers. This is why they are requested again with each new transaction.
Payment by bank transfer :
The buyer can pay by bank transfer. The buyer will receive an invoice with the IBAN details of the account on which the transfer must be made, the customer must specify his quote number. SPAS-WELLIS declines all responsibility for the terms of use of such a service, exclusively between the buyer and his bank.
Balance payment :
The remaining balance of the amount of the order must be paid within 7 days prior to delivery, the date of which will be determined with the buyer.
In the event of non-payment, refusal of payment authorization by officially accredited bodies, SPAS-WELLIS reserves the right to suspend the management of the order and its delivery. SPAS-WELLIS also reserves the right to refuse to make a delivery or to honor an order from a buyer with a history of unpaid orders in the past or in progress. SPAS-WELLIS reserves the right to request proof of identity or address or any other additional information.
The buyer may not, under the pretext of a complaint made by him, withhold all or part due to SPAS-WELLIS, nor operate compensation.
8. Retention of title
In accordance with the provisions of Law No. 80-335 of May 12, 1980, the products ordered remain the property of SPAS-WELLIS until full payment of their prices by the buyer. In the event of non-performance of its obligations by the purchaser, whatever the cause, SPAS-WELLIS may recover the products without prior formality, at the purchaser's expense and risk. All responsibilities in the event of a problem with the delivery due to poor measurement taken in advance by the buyer (non-passage of the spa in a room or in a garden), return to the buyer, SPAS-WELLIS will in no way be responsible.
For all questions relating to the follow-up of the order,
he can contact the SPAS-WELLIS department at the email address:info@spas-wellis.com
9. Right of withdrawal
In accordance with the provisions of Articles L. 221-18 and following the Consumer Code.
The Purchaser, consumer or able to benefit from the provisions of article L.221-3 of the Consumer Code, has a period of fourteen (14) days to inform SPAS-WELLIS of his wish to withdraw for any or part of his order, without having to justify his decision.
To cancel your order in good and due form, you must make the request by registered mail with acknowledgment of receipt, to the following address: PlanetSun, Rue de Magnée 54, 4610 Beyne-Heusay, Belgium. An order cancellation confirmation will then be sent to you if it is requested during the legal withdrawal period (14 days after from the day after delivery).
No return of goods will be accepted if the goods are not returned in new condition, in their complete original packaging (cover, stairs, accessories, notices, etc.) with a copy of the invoice, by registered mail with acknowledgment of receipt.
Any product that has already been used, damaged, mounted, or whose original packaging is damaged will not be refunded or exchanged.
Before any refund, exchange or credit, an examination of the products by our technical services is systematically carried out, the procedures for refunds, exchanges or credit will be put in place, once the expertise of the goods has been carried out.
The return of any product will remain the responsibility of the buyer (carrier, etc.). They are estimated at 400 euros, it being understood that they depend on the carrier chosen, the number of Products returned, their dimensions, as well as the distance that the carrier will have to travel to pick up the Product(s) to be returned and the return them to the return address.This estimate is given as an indication and in no way commits SPAS-WELLIS.
The refund of the amount paid by the buyer will be re-credited to the account used by the buyer through the service used by the buyer during the purchase.
10. Warranty
The Purchaser must read upon receipt of the Products the instructions for use and installation, as well as any other information provided with the Products or communicated by SPAS-WELLIS.
SPAS-WELLIS is liable for defects in the conformity of the goods with the contract and damages of a ten-year nature, under the conditions and within the time limits set by law and in particular by articlesL.217-1and following of the Consumer Code and hidden defects of the thing sold under the conditions provided for in articles 1641 and following of the Civil Code.
The warranty is 2 years on the spare parts of your spa. This warranty includes parts as well as labor and the trip of a technician when necessary. The warranty is 3 years on hydromassage pumps (this warranty includes parts only). The spa's acrylic tank is guaranteed for 10 years: this is a guarantee on the structure of your tank. Scratches are not included in this warranty. In case of osmosis, the spa is completely exchanged.
In the event of improper use of products not referenced by SPAS-WELLIS, the warranty no longer applies.
Extracts from the Consumer Code:
Art. L.217-4.
The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. The good is in conformity with the contract if it meets in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;
3° It is delivered with all the accessories and installation instructions, which must be supplied in accordance with the contract;
4° It is updated in accordance with the contract.
Art. L.217-5.
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L.217-7.
The lack of conformity which appears within a period of twenty-four months from the delivery of the goods, including the goods comprising digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the property or the defect invoked.
For second-hand goods, this period is set at twelve months.
When the contract for the sale of goods containing digital elements provides for the continuous supply of digital content or a digital service, the lack of conformity which appears at the time of delivery of the goods is presumed to exist:
1° During a period of two years from the delivery of the goods, when the contract provides for this supply for a period less than or equal to two years or when the contract does not determine the duration of the supply;
2° During the period during which the digital content or the digital service is supplied under the contract, when the latter provides for this supply for a period of more than two years.
Art. L.211-12.
– The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Warranty against hidden defects
The warranty does not apply to apparent defects.
Extracts from the Civil Code:
Art. 1641.
– The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them.
Art. 1648.
-The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be discharged from the apparent defects or lack of conformity.
The guarantees are exercised with SPAS-WELLIS by e-mail at service@spas-wellis.com, or in writing: send it to the following address: PlanetSun, 54 Rue de Magnée, 4610 Beyne-Heusay, Belgium.
The Buyer must imperatively attach to his statement a video of the problem that has arisen (eg: leak, operating problem). If necessary, the passage of a technician within the framework of a finding of breakdown may be invoiced to the customer and must be paid prior to the intervention.
11. Personal Data
SPAS-WELLIS processes all information concerning its users with the utmost confidentiality and in accordance with the law
French in terms of data protection, the user has a right to access and rectify data concerning him. To do this, simply send a request to SPAS-WELLIS at info@spas-wellis.com
Said data is only communicated to third parties to meet legal and regulatory obligations.
12. Applicable law / Settlement of disputes
This contract concluded between a user and SPAS-WELLIS is governed by these general conditions of sale and French law. Any dispute relating to the execution or interpretation of this Agreement will be submitted to the competent courts.
13. Delay / Loss of a package
In the event of an unannounced and abnormal delay, the Buyer will send a registered letter AR to PlanetSun enjoining it to comply, giving it an additional period of 14 days. SPAS-WELLIS will then open an investigation to determine the cause of the delay or absence of delivery.
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If the package is found, it will be returned to the Buyer according to the delivery method provided when ordering.
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If the package is not found, the Buyer will be reimbursed for his order due to the termination of the contract according to the provisions of article L 138-2 of the Consumer Code, unless he prefers to be send the products ordered if they are still available, at the expense of SPAS-WELLIS.
For any anomaly concerning the delivery, the Buyer is invited to make a handwritten note of reserve on the delivery note, accompanied by his signature, and confirm it by registered letter AR to SPAS-WELLIS as soon as possible; in which case no complaint from the Buyer can be taken into account. The Buyer must open the package in front of the delivery person.
The installation, connection and watering services will be carried out, without waiver under the conditions mentioned in article 9, after expiry of the withdrawal period.
They will be entrusted to a SPAS-WELLIS partner technician, chosen by the latter.
To this end, an appointment will be made by telephone for this purpose at the number indicated by the Buyer when ordering, and possibly confirmed by email or SMS. The Buyer must take the necessary steps to be available at the fixed time slots or allow access to the premises in the presence of an adult whom he has authorized. In the event of absence, he must inform SPAS-WELLIS at least 48 hours in advance, failing which he will be invoiced for travel expenses by the technician or the contract may be terminated under the conditions set out below.
The technician will not take into consideration any modification made directly to him.