Terms of service

Article 1 - Definitions

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

Article 2 - Applicability of General Terms and Conditions

  • These terms and conditions apply to all quotations, offers, agreements, and deliveries of services or goods by or on behalf of the seller.
  • Deviations from these terms can only be made if explicitly and in writing agreed upon by the parties.

Article 3 - Payment

  • For orders or reservations, a deposit is usually required. In such cases, the buyer will receive proof of the order/reservation.
  • If the buyer fails to pay on time, they are in default. If the buyer remains in default, the seller is entitled to suspend obligations until the buyer has met their payment obligation.
  • If the buyer remains in default, the seller will proceed with collection. The costs associated with this collection shall be borne by the buyer. These collection costs are calculated based on the Decree on Compensation for Extrajudicial Collection Costs.
  • In the event of liquidation, bankruptcy, seizure, or suspension of payment by the buyer, the seller's claims against the buyer become immediately due.
  • If the buyer refuses to cooperate in the execution of the order by the seller, they are still obliged to pay the agreed price to the seller.

Article 4 - Offers, Quotations, and Price

  • Offers are non-binding unless a term for acceptance is stated in the offer. If the offer is not accepted within the stated period, the offer lapses.
  • Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation if exceeded unless explicitly agreed otherwise in writing.
  • Offers and quotations do not automatically apply to repeat orders. The parties must explicitly and in writing agree on this.
  • The price stated in offers, quotations, and invoices includes the purchase price plus VAT and any other government levies.
  • Offers and deliveries exclude any environmental zone costs and parking fees. These are the responsibility of the customer. The customer must inform us in time if an exemption needs to be requested. The cost of the exemption, as well as any fine resulting from failure to inform us about the necessity of requesting an exemption, shall be borne by the customer.

Article 5 - Modification of the Agreement

  • If, during the execution of the agreement, it appears that it is necessary for the proper execution of the assignment to modify or supplement the work to be performed, the parties will timely and mutually adjust the agreement accordingly.
  • If the parties agree to modify or supplement the agreement, the time of completion may be affected. The seller will inform the buyer of this as soon as possible.
  • If the modification or supplement to the agreement has financial and/or qualitative consequences, the seller will inform the buyer in advance in writing.
  • If the parties have agreed on a fixed price, the seller will indicate the extent to which the modification or supplement to the agreement results in an exceedance of this price.
  • The seller reserves the right to have work carried out by third parties if deemed necessary without prior notice to the buyer.
  • Notwithstanding the provisions of the third paragraph of this article, the seller cannot charge additional costs if the modification or supplement is due to circumstances attributable to them.

Article 6 - Delivery and Transfer of Risk

  • As soon as the purchased item is received by the buyer, the risk transfers from the seller to the buyer.
  • If a crane is required for the placement of a jacuzzi, hot tub, or sauna, the customer must arrange this themselves. Liability transfers to the customer from the moment the product is lifted by a crane. Any damage caused by hoisting is at the customer's risk and not the seller’s.

Article 7 - Inspection, Complaints

  • The buyer is required to inspect the delivered goods upon receipt, or at least within the shortest possible period, to check whether the quality and quantity conform to what was agreed upon, or at least meet the standards that apply in normal (commercial) transactions.
  • Complaints regarding damages, shortages, or loss of delivered goods must be submitted in writing to the seller within 14 working days of delivery.
  • If the complaint is justified within the set term, the seller has the right to either repair, replace, or refrain from delivery and issue a credit note for that part of the purchase price.
  • Minor and/or industry-standard deviations in quality, color, quantity, size, or finish cannot be held against the seller.
  • Complaints about a specific product do not affect other products or components related to the same agreement.
  • Once the goods have been processed by the buyer, complaints are no longer accepted.

Article 8 - Samples and Models

  • 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 obligation that the delivered item must conform to it. This is different if the parties have explicitly agreed that the delivered item will correspond to it.
  • In agreements regarding real estate, mentioning the surface area or other dimensions and indications is also presumed to be indicative only, without requiring the delivered item to conform to them.

Article 9 - Warranties

If the agreement includes warranties, the following applies. The seller guarantees that the sold goods conform to the agreement, function without defects, and are suitable for the intended use by the buyer. This warranty applies for a period of two calendar years after the actual commissioning by the buyer.

For Platinum Spas, the following warranty conditions apply:

  • 10-year warranty on the shell: Covers structural integrity against water loss due to material or manufacturing defects.
  • 7-year warranty on the shell surface: Covers bubbling, cracking, and delamination.
  • 2-year warranty on the control box and display module.
  • 2-year warranty on pumps.
  • 1-year warranty on leaks.
  • 1-year warranty on the spa cabinet.
  • 1-year warranty on the ozonator.
  • 1-year warranty on audio components.
  • 1-year warranty on LED lighting.
  • 1-year warranty on the cover.
  • 1-year warranty on plastic components.

Jets are excluded from warranty, as the buyer can never guarantee or prove that they have always maintained the correct pH value.

Neither the supplier nor the seller is responsible for incorrect installation, misuse, or modifications by the buyer.

Article 10 - Force Majeure

If the seller cannot, does not timely, or does not properly fulfill its obligations due to force majeure, they are not liable for damages suffered by the buyer.

Article 17 - Return/Right of Withdrawal/Cancellation

You have the right to cancel your online 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 receive a full refund, excluding return shipping costs.

For electrical components, exceptions apply:

  • Must be installed by a professional spa technician.
  • Incorrect installation voids the warranty.
  • Returns are only accepted if:
    • The item has not been installed.
    • The item remains in its original, unopened packaging.
    • The buyer contacts the seller within one week for return approval.
    • The seller provides written return authorization.

Offline orders, placed outside the webshop, are final.

This is an automated translation. In case of any discrepancies or translation errors, the original Dutch text shall prevail.