Terms of service

Article 1 - Definition
1. Finesse Wellness B.V. hereinafter referred to as Finesse Wellness, established in Zwolle, Chamber of Commerce number 84250488, is referred to as seller in these general terms and conditions.
2. The other party of the seller is referred to as the buyer in these general terms and conditions.
3. Parties are seller and buyer together.
4. The agreement means the purchase agreement between the parties.


Article 2 - Applicability of general terms and conditions
1. These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
2. Deviation from these terms and conditions is only possible if this has been agreed explicitly and in writing by the parties.

Article 3 - Payment
1. In most cases a down payment is expected for orders or reservations. In that case, the buyer will receive proof of the order/reservation.
2. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend its obligations until the buyer has fulfilled its payment obligation.
3. If the buyer remains in default, the seller will proceed to collection. The costs related to such collection shall be borne by the buyer. These collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the seller's claims against the buyer are immediately due and payable.
5. If the buyer refuses to cooperate with the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.

Article 4 - Offers, quotations and price
1. Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that period, the offer will lapse.
2. Delivery times in quotations are indicative and, if they are exceeded, do not entitle the buyer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
3. Offers and quotations do not automatically apply to repeat orders. The parties must agree on this explicitly and in writing.
4. The price stated on offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.

Article 5 - Amendment of the agreement
1. If during the execution of the agreement it appears that it is necessary for the proper execution of the assignment to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the performance may be influenced by this. The seller will inform the buyer of this as soon as possible.
3. If the change or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer about this in writing in advance.
4. If the parties have agreed on a fixed price, the seller will indicate to what extent the amendment or supplement to the agreement will result in an exceeding of this price.
5. Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or addition is the result of circumstances that can be attributed to him.

Article 6 - Delivery and risk transfer
1. As soon as the purchased item has been received by the buyer, the risk passes from the seller to the buyer.
2. If a crane is required for the installation of a jacuzzi, hot tub or sauna, the customer must take care of this himself. Liability passes to the customer from the moment the product is lifted by a crane. Any damage caused by the hoisting is for the customer and not for the seller.

 

Article 7 - Research, complaints
1. The buyer is obliged to inspect or have inspected the delivered goods at the time of delivery, but in any case within the shortest possible term. In doing so, the buyer should examine whether the quality and quantity of the delivered goods correspond to what the parties have agreed, or at least that the quality and quantity meet the requirements that apply to them in normal (trade) traffic.
2. Complaints regarding damage, shortages or loss of delivered goods must be submitted to the seller in writing by the buyer within 14 working days after the day of delivery of the goods.
3. If the complaint is declared well-founded within the set period, the seller has the right either to repair or to deliver again, or to refrain from delivery and to send the buyer a credit note for that part of the purchase price.
4. Minor and/or standard deviations in the industry and differences in quality, colour, number, size or finish cannot be held against the seller.
5. Complaints with regard to a certain product do not affect other products or parts belonging to the same agreement.
6. Complaints will no longer be accepted after the goods have been processed at the buyer's.

Article 8 - Samples and Models
1. If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication, without the good to be delivered needing to correspond to it. This is different if the parties have expressly agreed that the item to be delivered will correspond to it.
2. In the case of agreements relating to immovable property, the indication of the surface area or other dimensions and indications is also presumed to be intended only as an indication, without the item to be delivered needing to correspond thereto.

Article 9 - Guarantees
1. If guarantees are included in the agreement, the following applies. The seller guarantees that the item sold conforms to the agreement, that it will function without defects and that it is suitable for the use that the buyer intends to make of it. This guarantee applies for a period of two calendar years after the actual commissioning by the buyer.
2. The guarantee referred to serves to achieve such a distribution of risk between the seller and the buyer that the consequences of a breach of a guarantee are always entirely for the account and risk of the seller and that the seller can never assume a breach of a guarantee. invoke Section 6:75 of the Dutch Civil Code. The provisions of the previous sentence also apply if the buyer was aware of the infringement or could have been aware of it by conducting an investigation.
3. The stated guarantee does not apply if the defect has arisen as a result of improper or improper use or if - without permission - the buyer or third parties have made changes or tried to make changes or have used the purchased item for purposes for which it was not intended. .
4. If the guarantee provided by the seller relates to an item produced by a third party, the guarantee is limited to the guarantee provided by that manufacturer.
5. On Finesse Spas and Platinum Spas we provide a warranty of 2 years on the technical parts (pump, control unit, etc.), 1 year on the ozonator and 5 years on the shell from the date of installation. Jets are excluded from the warranty, all the more because the buyer can never guarantee or demonstrate that he or she has always managed to maintain the correct pH value. The warranty for the shell is structured as follows:

If the shell starts to crack, the following warranty conditions apply:
1st year: 100% Guarantee
2nd year: 100% Guarantee
3rd year: 75% Guarantee
4th year: 50% Guarantee
5th year: 25% Guarantee

Other damage to fairing:
1st year: 100% Guarantee
2nd year: 80% Guarantee
3rd year: 60% Guarantee
4th year: 40% Guarantee
5th year: 20% Guarantee

In addition to the usual manufacturer's warranty, you can take out an extra service contract with your installer. The installer will fully inform you about this at the time of installation. The warranty expires when one or more parts are broken due to a malfunction caused as described below. Please read this before using the spa.

6. Neither the supplier nor the seller are responsible for incorrect installation, misuse or modifications made by the buyer.
7. Modifications include any action that could cause the spa or any part of it to malfunction, or make the control system unsafe. Damage caused by an incorrect bearing surface is not covered by the warranty. The spa owner is responsible for the proper condition of the support surface at all times. Misuse is defined as any use of the spa spa that is not in accordance with the manual or use of the spa spa for purposes for which it was not designed.
8. If the buyer does not, not properly or not timely fulfill any obligation arising for him from the agreement concluded with the seller or from a related agreement, the seller shall not be able to provide any guarantee with regard to these agreements, however called held.

Article 10 - Force majeure
1. If the seller cannot, not timely or not properly fulfill his obligations under the agreement due to force majeure, then he is not liable for damage suffered by the buyer.
2. Force majeure is in any case understood by the parties as any circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be expected by the buyer, such as illness, war or danger of war, for example. civil war and riots, acts of war, sabotage, terrorism, power failure, flood, earthquake, fire, industrial occupation, strikes, worker exclusion, changed
government measures, transport difficulties, and other disruptions in the seller's business.
3. Furthermore, the parties understand force majeure as the circumstance that supply companies on which the seller depends for the execution of the agreement do not meet the contractual obligations towards the seller, unless the seller can be blamed for this.
4. If a situation as referred to above occurs as a result of which the seller cannot fulfill its obligations towards the buyer, those obligations will be suspended as long as the seller cannot fulfill its obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in whole or in part in writing.
5. If the force majeure continues for more than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution is only possible by registered letter.

Article 11 - Transfer of rights
1. Rights of either party under this Agreement may not be transferred without the prior written consent of the other party. This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.

Article 12 - Retention of title and right of retention
1. The goods present at the seller's and delivered goods and parts remain the property of the seller until the buyer has paid the entire agreed price. Until that time, the seller can invoke his retention of title and take back the goods.
2. If the agreed amounts to be paid in advance are not paid or are not paid on time, the seller has the right to suspend the work until the agreed part has been paid. In that case, there is creditor default. In that case, a late delivery cannot be invoked against the seller.
3. The seller is not authorized to pledge or encumber in any other way the goods subject to retention of title.
4. The seller undertakes to insure the goods delivered to the buyer under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to provide the policy for inspection on first request.
5. If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. In that case, the item will not be delivered until the buyer has paid in full and in accordance with the agreement.
6. In the event of liquidation, insolvency or suspension of payment of the buyer, the obligations of the buyer are immediately due and payable.

Article 13 - Liability
1. Any liability for damage arising from or related to the performance of an agreement is always limited to the amount paid out in the relevant case by the liability insurance(s) taken out. This amount is increased by the amount of the deductible according to the relevant policy.
2. The seller's liability for damage resulting from intent or deliberate recklessness on the part of the seller or his managerial subordinates is not excluded.

Article 14 - Complaint obligation
1. It can always happen that something doesn't go quite as planned. We recommend that you first make complaints known to us by emailing sales@finessewellness.nl. If this does not lead to a solution, it is possible to register your dispute for mediation via Stichting WebwinkelKeur via https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil. From 15 February 2016, it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being processed elsewhere, you are free to deposit your complaint via the platform of the European Union.
2. If a complaint is well-founded, the seller is obliged to repair the good and possibly replace it.
3. The buyer is responsible for the correct application of the products, if the products are not applied correctly, the seller is not responsible for any damage to property.

Article 15 - Applicable law
1. This agreement between seller and buyer is exclusively governed by Dutch law. The Dutch court has jurisdiction.
2. The applicability of the Vienna Sales Convention is excluded.
3. If one or more provisions of these general terms and conditions are regarded as unreasonably onerous in legal proceedings, the other provisions will remain in full force.

Article 16 - Choice of Forum
1. All disputes arising from this agreement will be submitted exclusively to the competent court.

Article 17 - Return/Right of withdrawal
1. You have the right to cancel your order up to 14 days after receipt without giving any reason. After cancellation you have another 14 days to return your product. You will then be credited with the full order amount. Only the costs for returning from your home to Finesse Wellness are for your own account. These costs are approximately 7.25 per package for small goods. Pallet goods have custom charges. If you make use of your right of withdrawal, the product will be returned to Finesse Wellness with all accessories supplied and – if reasonably possible – in its original condition and packaging. To make use of this right, you can log in to the website and then go to Returns. We will then refund the order amount due within 14 days after receipt of your return, provided that the product has already been returned in good order.

This is a translation from Dutch, in case of a translation error, the Dutch conditions remain leading.