Terms of Service

General Terms and Conditions

Conclusion of Contract on the Internet

1.1 The following Terms and Conditions of Sale and Delivery are in effect for the execution of all orders placed with us via the Internet. Divergent agreements are only valid if they are confirmed by us in writing. By ordering/placing an order, these General Terms and Conditions shall be deemed accepted.

1.2 Upon receipt of your order you will receive acknowledgement of your order from SpaBalancer Switzerland, usually by email. Check your order acknowledgement for obvious spelling and calculation errors or deviations between the order, the order confirmation and the delivery information. You are obligated to immediately notify us of any such discrepancies. In the event that you or SpaBalancer Switzerland requests that the product be returned, please refrain from opening the product any further. Failure to adhere to this requirement shall result in the buyer bearing liability for any loss in value in the event that no revocation option exists under the Distance Selling Act. Please send the goods back to the delivery address indicated on the shipping notice.

1.3 Our offers are non-binding and without obligation. Illustrations may vary from the actual delivered product and are intended solely to serve as examples. The product information provided on the website is based on manufacturer data, and SpaBalancer Switzerland makes no warranty as to its accuracy.

2.Warranty and Liability

2.1 Complaints of any kind concerning defects and quality will only be considered if they are made immediately upon receipt of goods, at the latest within 3 days. Customary commercial  deviations, e.g. in color, features, patterns, etc. and other minor manufacturing-related deviations shall not constitute defects. If the complaint is timely and is accepted by the seller, the latter shall, at its discretion, be bound to provide either a reduction in price, take back the purchased item and deliver comparable goods free of defects, or to repair the defective item purchased. Additional claims of any kind by the purchaser are excluded. The warranty period and claims shall be based on the date of invoice in accordance with the terms of warranty specified on the invoice. If no information is specified, the warranty period shall be deemed to be 6 months from the invoice date. Warranty support shall be performed only to the extent agreed between the manufacturer of the purchased item and the seller. For warranty claims, please send us a brief message describing your problem as accurately and detailed as possible. We will subsequently contact you as soon as possible.

2.2 Postage/call-out and transport costs incurred in connection with warranty claims of any kind shall generally be at the expense of the customer. Warranty claims shall exclusively be made with respect to material and the original purchaser. Fading, discoloration caused by UV radiation or chemical water additives, regardless of type, which arise on or in the whirlpool tub, neck supports, LED lighting, control panels, dials or jets are excluded from the warranty.

2.3 We we are not responsible for water damage caused by the hot tub and recommend that you seek the advice of your insurance professional in this regaard. The customer shall assume liability for the suitability of the installation site (ceiling). In case of doubt, we recommend that you obtain information from an architect or structural engineer. We assume no liability for possible damage. Failure to comply with the operating guidelines specified in the manual shall void all warranty claims.The warranty does not extend to illumination or items that were not set up and/or treated properly and professionally. Our products are intended solely for non-commercial outdoor use and we are not liable for any losses arising from improper or commercial use. Liability for mistakes, typographical errors and misprints is excluded.

3. Prices

3.1 Information provided by us on products and prices as part of the order process is non-binding. You are entitled to cancel the purchase contract in the event of a change in price.

4. Payment

4.1 We can only accept the payment methods offered in connection with the order. Our invoices are due and payable within 30 days from the invoice date. In the event of non-payment, after 30 days the seller is entitled to charge interest at the rate of 4.5% above the applicable discount rate.

For customers who have previously been in payment arrears, we reserve the right to require prepayment prior to delivery.

 

5. Ownership 

5.1 All goods shall remain the property of the seller until full payment of all amounts due, including interest and costs arising from the commercial transaction.

6. Delivery

6.1 Our delivery dates are non-binding and are abided by as circumstances allow. Failure to deliver within the specified delivery period for legitimate reasons shall not entitle the buyer to cancel the contract or bring any claims for damages against us. Delivery is from the Rotkreuz warehouse plus shipping and packaging charged to the recipient. All goods are transported at the risk of the recipient. Shipments can be insured for an additional charge. The recipient must immediately report any transport-related damage to the post office, courier or freight forwarder.

We expressly reserve the right to make minor deviations of the items with respect to form, color, size or design.

Complaints must be made to the seller in writing within 3 business days (based on the postmark date). Complaints received after this deadline cannot be processed. Returns shall be at the expense of the buyer. All returns, e.g. for repairs, warranty issues, sample goods shall be sent free of charge to Wellness Company AG, Remo Braun, Birkenstrasse 49, 6343 Rotkreuz. Items sent which require the payment of additional charges will be refused.

7. Right of Revocation

7.1  You may revoke your contractual acceptance within 48 hours without cause in text form (e.g. by letter, fax, e-mail) or by returning the item(s). The period shall begin with the receipt of this notice at the earliest. The timely dispatch of cancellation or the item(s) shall be deemed sufficient compliance with the revocation period. The right of revocation does not apply to goods that have been produced according to customer specifications or to items that are clearly tailored to the personal needs of the customer, or to goods which due to their nature are not suitable for return, or to the delivery of audio or video recordings or software if the sealed disk is opened by the customer, or to the delivery of newspapers or magazines.

Revocation must be sent to: Wellness Company AG, Remo Braun, Birkenstrasse 49, 6343 Rotkreuz

8. Consequences of Revocation

8.1  In the event of effective revocation, payments/benefits received on both sides must be returned, and any benefits which might have been enjoyed must be surrendered. If you cannot partially or wholly return any payments/benefits received, or can only return them in impaired condition, you must provide us with compensation. This does not apply to relinquished items  if the deterioration in the item is exclusively attributed to its examination and testing - as might have been possible e.g. in a retail store. Moreover, you may avoid the obligation to pay compensation by not using the item as if it were under your ownership and refrain from doing anything which would adversely affect its value. Items able to be sent by parcel post are to be returned at our expense and risk. You are responsible for any costs of the return shipment if the goods delivered correspond to those ordered and if the price of the item(s) to be sent back does not exceed a sum of 60.00 Swiss francs or if the item has a higher price and you have not yet provided consideration or a contractually agreed partial payment at the time of revocation. In all other cases, return shipment shall be free of charge to you. You must satisfy payment obligations within 30 days after dispatch of your declaration of revocation.

 

9. Data Privacy Policy

9.1 As the responsible body under applicable data protection laws, in order to protect your personal information we hereby assure you that the collection, storage, modification, transmission, blocking, deletion and use of your personal data within our company always takes place in accordance with the applicable data protection regulations and other legal arrangements. Information provided by you as part of the order process, together with other order-related data transmitted to us when you submit your order, will be used by us exclusively for commercial transaction purposes.

By registering to receive our newsletter, you consent to have your e-mail address used for promotional purposes until you unsubscribe from the newsletter.

10. Legal Venue and Applicable Law

10.1 Swiss law shall apply. Jurisdiction for all disputes with SpaBalancer Switzerland Braun shall be the local court of the company’s registered offices. This contract is governed by Swiss law to the exclusion of the UN Sales Convention (CISG) of October 2007. We are also entitled to take legal action in your general place of jurisdiction.

11. Severability Clause

11.1  If any provision of this Agreement is wholly or partially invalid under the law, or becomes invalid at a later date, the validity of the remaining contract provisions shall not be affected.

 

Effective 1.1.2013