Returns and T & C's

Spa Living will endeavour to confirm and despatch your order as specified with each product. If we foresee any problems in the timely delivery of your goods we will contact you by the fastest assumed means you make available to us at registration.

If in the unfortunate event that your order arrives damaged, please email us immediately on enquiry@spaliving.co.uk  with your contact details or call us on 0118 9471857. We will assess the best way to deal with the damaged items and, if required, arrange for a replacement.

While we hope that you are delighted with your order, we understand that due to the limitations of viewing items on the internet they may not be what you had expected and sometimes you will want to return some items ordered through the internet. Please check goods on receipt and call our office immediately on 0118 9471857 to advise a return together with the reason and to confirm whether you would like to exchange, receive a credit note or refund. Items must be returned to us within 7 days of receipt and, providing goods and their original packaging are in perfect condition, we will arrange the agreed exchange/refund. The parcel and its contents are your responsibility until they reach us. Please wrap the items very securely, giving full details of the action required, and return them to us by insured registered delivery and keep the receipt.

The cost of returning goods is at your expense. This does not affect your statutory rights.

Alternatively you may return goods directly to our store. Please note that items bought in the store are not subject to refund unless faulty.

The return address is:

 

Terms and Conditions

This is the area of the site where explain our legal terms and conditions for trading and make sure that they’re easy to understand.

What are these terms and conditions all about?

These Terms and Conditions [T & Cs] are the contractual agreement made between you [The User] and Spa Living in relation to your use of the www.spaliving.co.uk website [The Website] only.

Who are we ?

Spa Living is an online retailer. This Website is owned by Spa Creators Ltd whose registered address is: 1 Prospect Street, Caversham, Reading. RG4 8JB, Company registration number 8063424 and VAT No: 124950518

www.spaliving.co.uk are the same legal entity as Spa Creators Ltd for the purposes of these Conditions and whenever you place an order through our  website of www.spaliving.co.uk or by phone or in writing as a result of using our website then you are ordering your product from Spa Creators Ltd. For the sake of clarity we will only from now on use the words Spa Living to cover all orders that you may make with us via our websites, by telephone or in writing by email or letter.

Why do I need to read these Terms & Conditions?

By placing an order with Spa Living you [the User] are deemed to have read and understood these Terms and Conditions [T & Cs] as well as our How To Order, UK Delivery, Returns and International Shipping policies [which are incorporated within these Conditions]. These are the rules that we do business by and you need to be sure that you understand them before you enter into business with us or buy anything from The Website.

However inevitably our T & Cs can change from time to time and it is advisable for you to check them over before ordering even if you have read them before. If there is anything that you don’t agree with or want to be committed to in these T & Cs then you should not use The Website or place any orders through it.

Our customer service department can be contacted through enquiry@spaliving.co.uk and they are available to answer any queries you may have on 0118 947 1857.

The law of England applies

We’re based in the Reading, Berkshire in the UK, so these T & Cs and your order is governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights.

This Website and our T & Cs have been designed for use within the United Kingdom and under UK law. Whilst we are happy to provide products to customers outside the United Kingdom, we give no warranty, express or implied that the use of this Website or the placing of any order from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.

What do I need to know about this contract between me and Spa Living ?

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

In making a purchase from Spa Living you are entering into a contract with Spa Creators Ltd, for the supply of goods. You also undertake that all goods ordered by you are for your own personal and domestic use and are not for re-sale unless expressly agreed otherwise. The products sold on www.spaliving.co.uk  are provided for private domestic and consumer use only unless otherwise stated. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of The Site or for any products or services purchased from www.spaliving.co.uk or Spa Creators Ltd.

You need to be 18 years old or older to use this Website or order any products from Spa Living. If you are under 18, you can only use this Website or order products from Spa Living with the agreement of, and under the supervision of, a parent or guardian. If you are under eighteen, please do not use this Site or order products from Spa Living.

You need to make sure and warrant that all details you give to Spa Living for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects. If your details change you need to update your account and make sure we know. We promise to keep this information secure – see our Privacy Policy [which is incorporated within these Conditions]

You also must warrant that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Spa Living reserve the right to end our agreement with you and to suspend or terminate your access to The Website immediately and without notice to you if:-

• you fail to make payment to us when due
• you breach any of our terms and conditions
• when requested by us to do so, you fail to provide within a reasonable time frame, enough information to let us to check the accuracy and validity of any information supplied by you, or your identity
• we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on The Website

The Website can only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding The Website and any transactions conducted on or through The Website or with Spa Creators Ltd.

We will never ask for personal details via email. If you receive an unsolicited email asking you for your Spa Living login details or any other such information, please contact our Customer Service team on 0118 9471857  immediately.

What happens when I place an order?

By placing an order on the Spa Living Website or orally or in writing you are making an offer to Spa Living  to purchase the goods detailed in your order upon the terms described in your order.

Once you have placed an order through the Website we will send you an Order Confirmation email. At that stage your credit or debit card will be debited. We will check stock as soon as possible. This will usually be almost immediate, but Bank Holidays and the like can cause an inevitable period of delay. The contract between you and Spa Living for the sale of our products will exist once we have accepted your order, taken payment and confirmed the order and availability of stock. In respect of orders placed orally the availability of stock will usually be confirmed immediately but, once again, if not then as soon as reasonably possible. Once stock has been confirmed then your offer is accepted by us.

What may happen if I break any of these promises that I am contracted to?

You agree that if you break these Conditions, or any liabilities are incurred arising out of your use of this Website or by placing an order with Spa Living, then you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees [if applicable]. You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.

What liabilities and rights does Spa Living have in this contract?

While we will use reasonable endeavours to verify the accuracy of any information we place on The Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through The Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, stock availability, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change The Conditions from time to time, and your continued use of The Website (or any part thereof) following such change shall be deemed to be your acceptance of such change.

It is your responsibility to check regularly to determine whether The Conditions have been changed. If you do not agree to any change to The Conditions then you must immediately stop using The Website.

We also reserve the right to refuse you access to The Website if this is considered necessary and in the interests of Spa Living and Spa Creators Ltd.

We make no warranty that The Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that The Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of The Website. We will not be responsible or liable to you for any disruption, loss of content, or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort, [including, without limitation, negligence] pre-contract or other representations [other than fraudulent or negligent misrepresentations] or otherwise out of or in connection with The Conditions for:

• any economic losses [including without limitation loss of revenues, profits, contracts, business or anticipated savings]; or
• any loss of goodwill or reputation; or
• any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under The Conditions.

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of The Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing The Website using your shopping account and/or your Personal Information.

Spa Living website and Spa Creators Ltd will not be responsible or liable for your use of any other websites which you may access via links within this Website. You should be aware that we do not control these websites and are not responsible for their content. Any such links are provided simply as a service to users of this Website and their inclusion in our Website does not constitute an endorsement by or affiliation with Spa Living. 

The entire liability of Spa Living under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.

Spa Living and Spa Creators Ltd. will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.

Spa Living and  Spa Creators Ltd. may assign or transfer any of its rights or sub contract any of its obligations under these Terms and Conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these Terms and Conditions except with the specific permission in writing to Spa Creators Ltd. 

No person who is not a party to The Conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these Conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.

What if something in these T & Cs isn’t supported by law?

This clause is sometimes called Survival or Compliance but basically, if in the unlikely event, any part or provision of these Conditions becomes void or unenforceable, it does not mean that the whole contract is unenforceable. It means that all the other parts or clauses within the Conditions will be construed as severable [i.e. separately applying] and surviving.

What if the products I receive aren't what I was expecting or arrive late?

We work hard to make sure that the description and specification of our products are correct and accurate as possible. However, specifications and descriptions of products on this Website or given orally or in writing by Spa Living are not intended to be binding and are intended only to give a general description of the products. While the colour reproduction, material description and dimensions of the products are a close representation, we cannot accept any responsibility for any variation in size or material nor colour caused by the browser software, monitor colour contrasts or computer system used by you – that said we do have a great refund policy and as long as you return your goods to us in line with our Returns Policy [which is incorporated within these Conditions] you will receive your money back. In particular, colours are represented differently on computer monitors and tablet, phone and laptop screens and this is unfortunately unavoidable and a limitation of existing technology.

Whist we will make every effort to deliver within the time stated on our Website or as stated orally by Spa Living before you place your order, we will not be liable for any loss caused to you by late delivery. Please contact us at enquiry@spaliving.co.uk as soon as possible if you do not receive your goods within the expected time. We will endeavour to get your goods to you as soon as possible or you may cancel your order. You will be refunded once the goods have been returned to us in line with our Returns Policy [which forms part of these Conditions] or classified as lost by the Courier company.

We will attempt to deliver your order to the delivery address stated on your order form. If products are returned to us as undeliverable either because of an incorrect address or because of customer failure to contact the courier company or collect the goods from the depot where requested, we will refund the price of the products less delivery costs incurred by us in sending out the goods plus any additional costs charged to us by the courier company for returning the goods to us.

How do you protect my personal data and credit card details?

We take your privacy and security very seriously. The Website is built using state of the art encryption software and a secure server to protect you and the information you give us. We adhere to the requirements of the UK Data Protection Legislation [The Data Protection Act 1988]

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, in an encrypted, safe environment. We work only with reputable banks and third parties to process your order who also adhere to the requirements of the UK Data Protection Legislation [The Data Protection Act 1988]

Please refer to our Privacy Policy for more detailed information.

If your credit/debit card is used fraudulently as a direct result of being used to buy from The Website and this has not been picked up by our security measures, then we will assume liability for the first £50 of your loss. Your credit card company is obligated to take responsibility for the rest. We will use our reasonable endeavours to work with your credit card company and reduce any inconvenience for you.

In the absence of negligence on our part, however, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

We have taken every measure to prevent Internet Fraud, however, we cannot be held liable for any in the extremely unlikely event of a breach in our secure computer servers and any associated loss or consequential damage you may incur.

How do you protect your own company copyrights and trademarks?

All rights in the designs, intellectual property and information on our Website are owned by us. These are protected, as appropriate, by copyright, trademarks and other intellectual property rights. You may only view, reproduce or print the materials on this Website for the purpose of ordering goods from us and as authorised below.

The contents of these pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademarks or registered trademarks of Spa Living or its suppliers or content and technology providers or their respective owners. ALL RIGHTS RESERVED.

You agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose.

The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this Website in any form is prohibited save that you may: 

• Copy, print (one copy only) or download extracts of the material on this Website for the sole purpose of using this Website in good faith for domestic purposes or placing an order with Spa Living.
• Copy print (one copy only) or download the material on this Website for the purpose of sending to individual third parties for their personal information provided that you do seek no commercial advantage or benefit from so doing and you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.
• Any other use of the material and content of the Website is strictly prohibited. You agree not to [and agree not to assist or facilitate any third party to] copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

You will be responsible if you breach these terms of use and will reimburse us for any loss caused to us as a result of your misuse.