GOODS AND BESPOKE GOODS TERMS AND CONDITIONS
BACKGROUND:
Please read these Terms of Sale carefully before placing an order with Us. These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods and Bespoke Goods are sold by Us to consumers through this website, www.luxsauna.co.uk (“Our Site”).
These Terms of Sale explain who We are, how Our Goods and Bespoke Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.
These Terms of Sale were last updated on 01/01/2023.
You will be required to read and accept these Terms of Sale when ordering Goods and Bespoke Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods or Bespoke Goods through Our site. These Terms of Sale, as well as all Contracts, are in the English language only.
The following documents may also apply to your use of Our Site:
• Our Website Terms of Use - Goods and Bespoke Goods, available at https://www.luxsauna.co.uk/website-terms-of-use-goods-bespoke-b2c, apply to your use of Our Site. These terms are also referred to below in Parts 3 and 4.
• Our Privacy Policy, available at https://www.luxsauna.co.uk/privacy-policy. This is also referred to below in Part 22.
• Our Cookie Policy, available at https://www.luxsauna.co.uk/cookie-policy. This is also referred to below in Part 22.
• Our Website Acceptable Use Policy, available at https://www.luxsauna.co.uk/website-acceptable-use-policy. This is also referred to below in Part 3.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Bespoke Goods” means the goods made AND/OR customised to order, sold by Us through Our Site (such as made to order saunas and hot tubs etc.);
“Contract” means a contract for the purchase and sale of Goods and/or Bespoke Goods, as explained in Part 10;
“Contact Tools” means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms.
“Goods” means any goods that are not Bespoke Goods sold by Us through Our Site;
“Order” means your order for Goods and/or Bespoke Goods;
“Order Confirmation” means Our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means Algimantas Lazauskas, trading as Lux Sauna.
1.2 Unless the context otherwise requires, each reference in these Terms of Sale to:
1.2.1 “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.
2. Information About Us
2.1 Our Site is operated by Algimantas Lazauskas, trading as Lux Sauna. Our address is 57 Attfield Walk, Eastbourne, BN22 9LD UK.
3. How to Contact Us
3.1 To contact Us with general questions or complaints by email, please email Us at info@luxsauna.co.uk, to contact Us by telephone, please call Us on +447466912454.
3.2 To contact Us about the Goods, Bespoke Goods, or your Order by email, please email Us at info@luxsauna.co.uk, to contact Us by telephone, please call Us on +447466912454.
3.3 To contact Us about cancellations by email, please email Us at info@luxsauna.co.uk, to contact Us by telephone, please call Us on +447466912454.
3.4 We provide the following Contact Tools for you to contact Us:
• contact form, e-mail, telephone number
3.5 Use of Our Contact Tools is subject to Part 3 of Our Website Terms of Use for Goods/Bespoke Goods, available at https://www.luxsauna.co.uk/website-terms-of-use-goods-bespoke-b2c and Our Website Acceptable Use Policy, available at https://www.luxsauna.co.uk/website-acceptable-use-policy.
4. Access to Our Site and Use of Our Site
4.1 Access to Our Site is free of charge.
4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.
4.3 Use of Our Site is subject to Our Website Terms of Use for Goods/Bespoke Goods, available at https://www.luxsauna.co.uk/website-terms-of-use-goods-bespoke-b2c. Please ensure that you have read them carefully, that you understand them, and that you agree to them.
5. Changes to these Terms of Sale
5.1 We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, details will be highlighted at the top of this page. If the changes are likely to affect your Order, We will inform you in advance by E-mail and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods and/or Bespoke Goods paid for but not received.
5.2 If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
6. Business Customers
These Terms of Sale do not apply to customers purchasing Goods and/or Bespoke Goods in the course of business. If you are a business customer, For Our Business Terms of Sale, please e-mail Us at info@luxsauna.co.uk.
7. International Customers
Please note that We only deliver within the United Kingdom.
8. Goods, Descriptions, and Changes
8.1 We make all reasonable efforts to ensure that all descriptions and images of Goods and Bespoke Goods available from Us on Our Site match the actual Goods and Bespoke Goods. Please note:
a) Images of Goods and Bespoke Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions and, in the case of Bespoke Goods, variations resulting from your specific requirements;
b) Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary.
c) Due to the nature of Bespoke Goods, there may be a variance of up to 1% in variables, e.g. dimensions, weight, capacity etc. between the actual Bespoke Goods and the description.
8.2 Please note that Part 8.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods and/or Bespoke Goods, not to different products altogether. If you receive Goods and/or Bespoke Goods that are not as described, please refer to Part 14.
8.3 Minor changes may be made to certain Goods and/or Bespoke Goods from time to time. This may happen between you placing your Order and the Goods and/or Bespoke Goods being dispatched.
Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or security issues.
Minor changes will not change the main characteristics of the Goods and/or Bespoke Goods and will not affect your use of them.
8.4 As explained in the descriptions of Bespoke Goods, more significant changes may also be made to Bespoke Goods from time to time. If We make such changes, We will inform you and you may contact Us to end the Contract before the changes are made. If you end the Contract for this reason, you will receive a refund for any Goods and/or Bespoke Goods paid for but not received.
More significant changes can be made such as design or functionality features to UPGRADE the Saunas and/or Hot Tubs to improve Product's efficiency, quality, longevity, user friendliness, structural strength.
9. Pricing
9.1 We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. All pricing information is reviewed and updated every week. Changes in price will not affect any Order that you have already placed.
9.2 All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing.
If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.
If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods and/or Bespoke Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within 7 working days, We will treat your Order as cancelled and inform you of the cancellation in writing.
9.3 If We mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods and/or Bespoke Goods to Us.
9.4 Delivery charges are not included in the price of Goods or Bespoke Goods shown on Our Site. For more information on delivery charges, please refer to product's description. Delivery options and related charges will be presented to you as part of the order process.
10. Orders and How Contracts Are Formed
10.1 Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it.
10.2 If you order Bespoke Goods from Us, We will make AND/OR customise them to your specifications and requirements, as detailed in the descriptions accompanying such products on Our Site. When you place an Order for Bespoke Goods, We will provide details of the information required from you.
10.3 When placing an Order for Bespoke Goods, please ensure that all information that you provide to Us is correct, accurate, and complete. We cannot accept the return of any Bespoke Goods if that return is due to incorrect information provided by you. Please note that this does not affect your legal rights.
10.4 If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Site, either in the product descriptions or during the order process, as applicable.
If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods and/or Bespoke Goods to you.
If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.
We will not be responsible for supplying the affected Goods and/or Bespoke Goods late or for not supplying the affected Goods and/or Bespoke Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.
10.5 No part of Our Site constitutes a contractual offer capable of acceptance.
Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email.
Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods and/or Bespoke Goods.
10.6 Order Confirmations contain the following information:
a) Your Order Number;
b) Confirmation of the Goods and/or Bespoke Goods ordered including full details of their main characteristics;
c) Fully itemised pricing for the Goods and/or Bespoke Goods ordered including, where appropriate, taxes, delivery, and other additional charges;
d) Estimated delivery date(s) and time(s)
e) Delivery time(s) of Bespoke Goods may vary , please see section 13..
10.7 We will also include a paper copy of your Order Confirmation with your Goods and/or Bespoke Goods.
10.8 Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.
10.9 In the unlikely event that We cannot accept your Order, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded.
We may not accept your Order because the Goods and/or Bespoke Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods and/or Bespoke Goods, or because We are not able to meet a delivery deadline that you have set.
11. Payment
11.1 Payment for Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.
11.2 Payment for Bespoke Goods (made to order saunas and hot tubs): a minimum of 50% deposit is required with the order, with the balance due 7 days prior delivery date. The buyer is not entitled to withhold funds or exercise any lien from payments due.
11.3 We accept the following methods of payment:
BANK TRANSFERS, CREDIT/DEBIT CARDS, APPLE PAY, PAYPAL, CASH, KLARNA. (KLARNA. T&C apply https://www.klarna.com/uk/ ).
11.4 We may charge you interest if you pay late. If a payment to Us is not made by the due date, We may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of NATWEST BANK from time to time. Interest shall accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment. You must pay Us any interest due together with the overdue sum.
11.5 If you believe that We have charged you an incorrect amount, please contact Us as soon as possible to let Us know. You will not be charged interest under Part 11.4 on any sums disputed in good faith under this Part 11.5.
12. When You Own the Goods and/or Bespoke Goods
Ownership of the Goods and/or Bespoke Goods passes to you once We have received payment in full of all sums due.
13. Delivery
13.1 Lux Sauna deliver Goods and Bespoke Goods (made to order saunas and hot tubs) to mainland UK, however the delivery price may vary depending on your location.
13.2 We reserve the right to cancel your order if we do not deliver to your area.
13.3 All Goods (not Bespoke Goods) purchased through Our Site will normally be delivered within 14 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the ordering process.
13.4 All Bespoke Goods (made to order saunas and hot tubs) purchased through Our Site will normally be made and delivered approximately 10 to 14 weeks after the date of Our Order Confirmation unless otherwise agreed or specified during the ordering process. All Bespoke Goods delivery periods stated are advisory and estimated. We shall have no liability whatever for delayed delivery outside of our reasonable control.
13.5 We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.
13.6 If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Goods (not Bespoke Goods) that you have not received.
13.7 The access to the premises must be provides for Bespoke Goods to be delivered on the date stated on Your Order unless otherwise agreed or specified during the ordering process.
13.8 If you do not arrange to have the Goods and/or Bespoke Goods re-delivered or do not collect them, We will contact you to ask for further instructions.
We may charge you for storage and for further delivery costs. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery or collection of the Goods and Bespoke Goods, We may end the Contract. If this happens, in the case of Goods, you will be issued with a refund. In the case of Bespoke Goods, you will not be issued with the refund and the outstanding balance must be paid. We may deduct a reasonable sum in compensation for any net costs incurred by Us as a result.
You must advise us if there are access difficulties, we will help to assist the buyer to deliver a hot tub even in the most difficult access situations but please note these type of operations may cost extra and it’s assumed as kerb side delivery unless agreed otherwise.
We will comply with reasonable delivery requirements but it should be considered as Kerb Side only delivery and that you have lifting facilities at your end.
Please note: Saunas and/or Hot Tubs are made to order to each customer’s personal requirements unless otherwise agreed or specified during the ordering process and as such there is no cancellation policy for the orders. Once an order has been placed, there is no return/refund policy as each item is made to order and cannot be re-consigned. Thank you in advance for your understanding.
13.9 In the unlikely event that We do not deliver the Goods on time (within 30 calendar days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:
a) We have refused to deliver the Goods and/or Bespoke Goods;
b) In light of all relevant circumstances, delivery within the specified or agreed time period was essential; or
c) You told Us when ordering the Goods that delivery within the specified or agreed time period was essential.
13.10 If you do not wish to cancel under Part 13.8, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
13.11 You may cancel all or part of your Order under Parts 13.7 or 13.8 provided that separating the Goods in your Order would not significantly reduce their value.
Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you.
If any cancelled Goods delivered to you, you must return them to Us or arrange for their collection. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
13.12 Responsibility for the Goods and/or Bespoke Goods passes to you once We have delivered the Goods and/or Bespoke Goods to the address you have provided or once you (or a carrier organised by you, if applicable) collect the Goods and/or Bespoke Goods from Us.
13.13 As explained in Part 10.4, We will not be responsible for delivering Goods and/or Bespoke late or for not delivering Goods and/or Bespoke Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it.
14. Faulty, Damaged, or Incorrect Goods and/or Bespoke Goods
14.1 This Part 14 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions. For full details please refer to the Citizens Advice website or contact them on 0808 223 1133. Nothing in these Terms of Sale will affect your legal rights.
14.2 The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of a product, your legal rights are as follows:
a) Beginning on the day that you receive the Goods and/or Bespoke Goods (and ownership of them), you have a 30 calendar day right to reject them and to receive a full refund if they do not conform as stated above.
b) If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair or a replacement. We will cover any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original rejection period, the time remaining will be extended to 7 calendar days.
c) If, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
d) If you exercise the final right to reject more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
e) Within a period of six months after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods, you must prove that the defect or non-conformity existed at the time of delivery.
14.3 Please note that you will not be eligible to claim under this Part 14 if:
a) We informed you of the problem(s) with the Goods and/or Bespoke Goods before you purchased them or you had the opportunity to examine them before purchase and the problem(s) should have been obvious to you; or
b) You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; or
c) You have purchased the Goods and/or Bespoke Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem(s) has/have resulted from your use of the Goods and/or Bespoke Goods for that purpose; or
d) The product(s) in question is/are Bespoke Goods and the problem(s) is/are a result of your provision of incorrect information, rather than the Bespoke Goods not being as described, fit for purpose, or of satisfactory quality for reasons that would otherwise entitle you to claim under this Part 14;
e) The problem(s) is/are the result of normal wear and tear; or
f) You have changed your mind (please refer to Part 16).
14.4 If there is a problem with the Goods and/or Bespoke Goods, please contact Us using the details provided above in Part 3.
14.5 If you exercise your legal right to reject the Goods and/or Bespoke Goods, you must return them to Us.
14.6 To return Goods and/or Bespoke Goods to Us for any reason under this Part 14, please post them to Us, arrange for their collection, or return them in person. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
14.7 We will not accept cancellations or returns if the Bespoke Goods have been delivered, erected and/or altered by applying chemicals and/or paints to the surfaces and/or by altering or customizing the goods as his or her own.
15. Your Rights to Cancel and End the Contract
15.1 If the Goods are faulty or misdescribed, you may have a legal right to end the Contract, to have the Goods repaired or replaced, or to get a full or partial refund. Please refer to Part 14, above, for more information.
15.2 If you are a consumer and have changed your mind, you may have a legal right to a “cooling-off period” within which you can end the Contract for any reason. Please refer to Part 16, below, for more information.
15.3 If you wish to end the Contract because of something We have done or are going to do, please refer to Part 17, below, for more information.
15.4 We will not accept cancellations or returns if the Bespoke Goods have been delivered, erected and/or altered by applying chemicals and/or paints to the surfaces and/or by altering or customizing the goods as his or her own.
16. Cancelling and Ending the Contract if You Change Your Mind
16.1 If you are a consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason, subject to the exceptions stated below in Part 16.4 (including, but not limited to, Bespoke Goods). This 14 calendar day “cooling-off period” begins once your Order is complete and we send you the Order Confirmation, i.e. when the Contract is formed, and ends as set out below. You may also cancel for any reason before We send the Order Confirmation.
a) If the Goods (not Bespoke Goods) are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
b) If the Goods (not Bespoke Goods) are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
16.2 If you wish to end the Contract for this reason, you must inform Us within the cooling-off period. You may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. For your convenience Our contact details are provided above in Part 3.
16.3 Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
16.4 Please note that this right to cancel and return do not apply in the following circumstances:
a) If the Goods are sealed for health or hygiene reasons and you have unsealed them after receiving them;
b) If the Goods are likely to deteriorate quickly, for example, sauna whisks;
c) If the Goods and/or Bespoke Goods have been personalised, made to order or custom-made for you;
d) If the Goods have been inseparably mixed with other items (according to their nature) after you have received them;
e) If the Bespoke Goods have been delivered, erected or altered by applying chemicals or paints to the surfaces or by altering or customizing the goods as his or her own.
17. Cancelling and Ending the Contract Because of Something We Have Done or Will Do
17.1 You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:
a) We have informed you about an upcoming change to these Terms of Sale that you do not agree to (see Part 5.1);
b) We have informed you about an upcoming change to the Goods and/or Bespoke Goods that you do not agree to (see Part 8.4);
c) We have informed you about an error in the price or description of the Goods and/or Bespoke Goods and you do not wish to proceed;
d) There is a risk that delivery of the Goods will be substantially delayed due to events outside of Our control (see Part 13.3);
e) You have a legal right to end the Contract because We have done something wrong (including where We have not delivered the Goods and/or Bespoke Goods on time and the circumstances in Part 13.7 or 13.8 apply).
17.2 If you cancel and end the Contract for any of the reasons set out in this Part 17, the Contract will end immediately and you will receive a full refund for any Goods and/or Bespoke Goods which have not yet been provided. You may also be entitled to compensation.
17.3 If you wish to end the Contract for this reason, you may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. For your convenience Our contact details are provided above in Part 3.
17.4 We will not accept cancellations or returns if the Bespoke Goods have been delivered, erected and/or altered by applying chemicals and/or paints to the surfaces and/or by altering or customizing the goods as his or her own.
18. Returning Goods and/or Bespoke Goods After Cancelling and Ending the Contract
18.1 Subject to your right to partially cancel your Order under Part 13.9, if you cancel and end the Contract for any reason after Goods and/or Bespoke Goods have been dispatched or delivered to you, you must return the Goods and/or Bespoke Goods to Us or arrange for their collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
18.2 If you are exercising your right to change your mind under the cooling-off period as set out in Part 16, you must return the Goods to Us no more than 14 calendar days after the day on which you informed Us that you wish to cancel.
18.3 We will cover the costs of returning the Goods and/or Bespoke Goods to Us in the following circumstances:
a) The Goods are faulty or misdescribed;
b) You are cancelling and ending the Contract because of upcoming changes to these Terms of Sale that you do not agree to;
c) You are cancelling and ending the Contract because of upcoming changes to the Goods that you do not agree to;
d) You are cancelling and ending the Contract because We have made an error in the price or description;
e) You are cancelling and ending the Contract because there is a risk that delivery of the Goods will be substantially delayed due to events outside of Our Control;
f) You are cancelling and ending the Contract because you have a legal right to do so because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in Part 13.7 or 13.8 apply).
18.4 In all other circumstances including where you are exercising your right to change your mind under the cooling-off period, you must cover the costs of returning the Goods to Us.
18.5 If you are responsible for the costs of returning the Goods to Us and We are collecting them, the cost charged to you will only be the direct cost to Us of collecting the Goods.
18.6 We will not accept cancellations or returns if the Bespoke Goods have been delivered, erected and/or altered by applying chemicals and/or paints to the surfaces and/or by altering or customizing the goods as his or her own.
19. Refunds
PLEASE NOTE: We will not accept cancellations or returns if the Bespoke Goods have been ordered, delivered, erected and/or altered by applying chemicals and/or paints to the surfaces and/or by altering or customizing the goods as his or her own.
19.1 All refunds due to you will be made using the same method used by you when paying for the Goods and/or Bespoke. You will be refunded the price paid for the Goods and/or Bespoke Goods and for delivery, subject to the following limitations and deductions:
a) If you are exercising your right to change your mind under the cooling-off period, We may reduce your refund to reflect any reduction in the value of the Goods if that reduction has been caused by your handling of the Goods in a way that would not be permitted. If We issue the refund before inspecting the Goods and subsequently discover that you have handled them in this way, We may charge you an appropriate sum.
b) Standard delivery charges (i.e. the cheapest option available for your Order) will be refunded, but we do not reimburse premium delivery charges. If, for example, Our cheapest delivery option is 3-5 days, but you select 24 hour express delivery, your refund for delivery charges will only be equivalent to the cost of the cheaper option.
19.2 All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within 14 calendar days of:
a) The day on which We receive the returned Goods;
b) The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier);
c) If We are collecting the Goods, the day on which you inform Us that you wish to cancel and end the Contract; or
d) If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel and end the Contract;
20. Our Liability to Consumers
20.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
20.2 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods and/or Bespoke Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
20.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
20.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer including, but not limited to, those explained above in Part 14.
20.5 We will not be held responsible for any injury caused when within or around, or on the Sauna and/or Hot Tub.
Although all Bespoke Goods such as Saunas and Hot Tubs are checked upon completion, it is the customer’s responsibility to take care around the building for nails, screws, splinters or metal straps as some may be in present. These are cosmetic and do not affect the structure Bespoke Goods.
21. Events Outside of Our Control (Force Majeure)
21.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
21.2 If any event described under this Clause 21 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
21.2.1 We will inform You as soon as is reasonably possible;
21.2.2 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;
21.2.3 If the event outside of Our control continues for more than 10 days We will cancel the Contract and inform You of the cancellation in writing;
21.2.4 If an event outside of Our control continues for more than 10 days and You wish to cancel the Contract, You may do so by informing us in writing;
21.2.5 If the Contract is cancelled under this Clause 21 before the Hire Period begins, any and all sums You have paid to Us will be refunded in full. Other provisions in these Terms and Conditions regarding the retention of sums paid shall not apply.
22. Complaints and Feedback
22.1 We always welcome feedback from Our customers and, whilst We always use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
22.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available at https://www.luxsauna.co.uk/complaints-handling-procedures.
22.3 If you wish to complain about any aspect of your dealings with Us, please contact Us using the contact details provided above in Part 3;
23. How We Use Your Personal Information
We will only use your personal information as set out in Our Privacy Policy, available from https://www.luxsauna.co.uk/privacy-policy and Our Cookie Policy, available from https://www.luxsauna.co.uk/cookie-policy.
24. What Happens if We Transfer this Agreement to Another Party
We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
25. Other Important Terms
25.1 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission. We may not permit the assignment if You chosen Finance option and still have not paid in full.
25.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
25.3 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
25.4 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
26. Law and Jurisdiction
26.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
26.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 26.1 takes away from or reduces your legal rights as a consumer.
26.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England.
26.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.
27. Smoke Control Area NOTICE
In the UK, the appliance is not currently classified as an “exempt appliance” by DEFRA; hence smoke emissions from the burning of wood will not comply with permitted levels in a Smoke Control Area. You should contact your local Council for further guidance if you suspect that you reside within a designated Smoke Control Area and are considering a wood-burning option.
28. Warranty
Warranty is provided to the Customer in the form of Contract signed by both parties.
The exact warranty conditions and terms are explained in the contract.
The warranty starts when Your Order is fulfilled by Us and delivered to You.
28.1 Goods Warranty:
Manufacturer's warranty of the goods.
28.2 Bespoke Goods:
You accept and agree that wood is a natural material. It is different from other synthetic material and it must be noted that wood will have grains and knots which will vary since the product is hand-made. As a natural product wood will react to changes in the conditions, it may shrink, expand and discolorations is possible. Visible splitting of the wood may occur as it expands and contracts with changes in humidity and temperature. These features are perfectly normal and natural. It must be noted that natural wood changes do not affect the integrity of the wood therefore splitting, cracks, knots and wood discoloration are not covered by any warranty.
We are not responsible for:
1. lack of air ventilation / weather conditions which can cause a mould to grow
2. lack of draw / fire in the burning chamber due to the location of the Sauna or/and Hot Tub
Bespoke Goods sold by Lux Sauna are natural and hand-made products, therefore, slight variations in their properties such as size, colour and weight mentioned in Part 8 may occur from time to time.
12 months of warranty service for the Goods. Sauna and/or Hot Tub parts, such as heaters and electric equipment, are covered for a 12-month warranty period unless otherwise stated in Manufacturer’s Warranty. The warranty period commences once the product is fully paid for and delivered to the CUSTOMER.
Lux Sauna aims for efficient solutions and for said solutions to satisfy both parties. In return, the We expects collaboration and smooth communication on Your part.
Conditions:
1. Chemical treatment: chloride, bromine, active oxygen, and/or mineral salt water treatments are only suitable for use with Grade 316 stainless steel heaters.
Grade 430 Stainless steel comes a standard and is the most popular choice as most people do not treat the water and is much cheaper then other types of stainless steel. If you intend to use chlorine, bromine, sea salts or any other water treatments which affect pH, you need to upgrade to Grade 316. No warranty or/and replacement will be provided if any issues occur with your heater and the manufacturer identifies the corrosion.
Grade 304 Stainless steel is non-magnetic and more resistant to various solutions but wood treatments affecting water’s pH should be avoided.
2. Installation of electric sauna heaters: sauna heaters must be installed according to the installation instructions provided with the heaters. All electric wiring work must be carried out by a certified electrician. It is strongly suggested to not leave the stove unattended, at least the first three times of firing it up.
Electrical and final connections:
We do not supply any of its products with electrical attachments i.e. plugs or wiring to Sauna or/and Hot Tub. Electrical components MUST be installed and/or connected to circuit breaker and tested by a Part P qualified/ competent electrician before use or turning on of the hot tub/ sauna.
Sauna or/and Hot Tub electrics MUST be installed ONLY by fully qualified electrician.
The Hot Tub/ Sauna must be hard wired and fused spur back to your household consumer unit. Sauna and/or Hot Tub electrical heater should not be sharing a supply with any other appliances.
The Sauna and/or Hot Tub should be protected by a sufficiently rated MCB and should cover the maximum required amperage or the appliance plus 25% to allow for brake torque for example when the extra rush of current occur when pumps are first started. Therefore, the Sauna and/or Hot Tub that has a maximum current draw of 20 amps should be fitted with a 25amp MCB.
Outdoor cables should be protected from damage by either laying protective ducting below ground or by using Steel Wired Armoured (SWA) cable. Your electrician will calculate the size of cable required depending on the loading and the distance from the mains supply.
The 13AMP Sauna and/or Hot Tubs are straight plug-in to a standard domestic power supply. Although, an outdoor waterproof plug socket with RCD protection is required to be installed by qualified electrician.
3. The CUSTOMER understands that the product is handmade thus products of the same model may have differences.
4. Wood will have grains and knots that vary. As a natural product, it will alter when exposed to environmental conditions and during utilization. For this reason, visible splitting may occur as wood expands. These changes are normal and natural, and it does not affect the integrity of the wood. Lux Sauna strongly suggests oiling exterior wooden parts AT LEAST twice a year for rot prevention and to extend service life.
Please note: Do Not Apply wood treatment to the inside of the Hot Tub. This will stop water absorption and wood expansion which will cause a permanent leak.
5. Hot Tubs tend to leak initially as wood needs time to absorb water and expand for small gaps to close. Hot Tubs should be filled up with water as soon as possible and/or within 5 days after the delivery to avoid shrinking of the wood.
6. Keep the water in the Hot Tub all the time.
Please note: Hot Tubs may and/or will leak small amounts of water during the use. This is also a normal and natural occurrence.
7. Water heating: water must cover the upper connection to the heater before a fire is ignited/the electric heater is turned on. Failure to follow this can cause severe damage to the Hot Tub by melting of plastic lining, burning of wood panelling, etc.
8. Very small visible scratches (round or another form), and tiny air pockets that appear on fiberglass surfaces (without water penetration) are not considered defects as they do not change or worsen the use of the product. These small marks can be repaired with the fiberglass repair kit which comes with the product.
9. Installation of most of our Bespoke Goods is included. Although, You are responsible for correct assembly if otherwise stated during Ordering Process.
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 you and the service providing company. Lux Sauna shall not be responsible for any unauthorised modifications to the Sauna and/or Hot Tub and related parts or any occurrence relating to the effect of any modifications whatsoever.
We do not offer any warranty for damage caused by incorrect handling, storage, installation, use, modifications, or repairs not authorised by Lux Sauna.
10. You must familiarise himself with User manuals and follow their instructions. Failure to follow User manuals can lead to irreparable damage
11. Upon receiving the Sauna and/or Hot Tub You must examine it as soon as possible. If any damage or/and missing items noticed You must note it down in the delivery documents, which is handed to the You by the driver to sign. By signing the consignment note, You confirm that the product was delivered undamaged.
If the CUSTOMER notices damage or/and missing items upon receiving the product, the CUSTOMER must report within 2 business days.
You are responsible for unloading the delivered Goods and/or Bespoke Goods unless agreed otherwise. If any damage occurs during unloading, neither the Lux Sauna nor the transport company is held accountable.
Warranty will be granted according to the original purchase receipt, cashier order, or invoice. For warranty service, please refer to Us. The manufacturer warranty goes into effect within 14 working days after the delivery.
During the warranty period, replacement products for damaged/non-functioning parts are delivered free of charge by the Lux Sauna upon receiving valid visual evidence. CUSTOMER covers the delivery expenses for non-functioning parts back to Us, where they will be examined and, if needed, repaired or replaced. The CUSTOMER is responsible for reconnecting or reinstalling replacement parts.
Lux Sauna reserves the right to decide which warranty option to implement.