Terms & Conditions
These Terms and Conditions set out important information and conditions regarding your orders and purchases of products (the “Products”) and Product delivery services (the “Delivery Services”) from us.
In these Terms and Conditions, “us”, “we” and “our” means Dolphin Spa Ltd trading as Orca Leisure.
BEFORE YOU PLACE AN ORDER, YOU SHOULD READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR ORDER.
The purpose of this statement is to establish the terms and conditions of our reseller relationship.
We accept you as our reseller/dealer, to whom we grant rights for marketing and selling our products.
1.2 Please read these Terms and Conditions of Sale carefully and make sure that you understand them, before ordering any Products and/or Delivery Services from us.
1.3 You will be asked to read and agree to these Terms and Conditions as part of agreement to represent Dolphin Spa. We intend to rely on these Terms and Conditions and it is our intention that you will be legally bound by them when you order Products and/or Delivery Services from us. Please read them carefully.
The agreement clarifies the price(s) you would pay. We will notify you of any changes should they happen in the future. It will not, however, affect any existing orders you have placed with us, or orders already being processed and/or shipped.
2.1 The prices of the Products and charges for Delivery Services will be as quoted in your Order confirmation Email. We take all reasonable care to ensure that the prices of Products and Delivery Services are correct at the time when the confirmation is sent to you. We will contact you before we accept your order if we discover any error in the price of Products and/or Delivery Services you have ordered.
2.2 Prices for our Products and/or Delivery Services may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation Email.
2.3 For some Products, Delivery Services may be provided at no additional cost to you. However, most Products do not include Delivery Services, and as such an additional cost will be charged at the time of your order.
2.4 Delivery charges may also be payable on your order and these will be confirmed in your Order confirmation Email.
Reseller should request shipment of products in stock up to 14 days after order date. The action of delivery must take place during this period; otherwise order(s) might be cancelled, and goods will be put back into stock.
3.1 Dolphin Spa Ltd reserves the right to schedule and reschedule any order as shipments are subject to availability. It is also at Dolphin Spa’s discretion to possibly decline any order for credit reasons, or because the order is of unreasonably large quantity or makes an unreasonable shipment request.
3.2 Reseller may cancel a shipment or request changes in a scheduled shipment date at no charge up to 5 days before scheduled shipment. Cancellations or changes within the 5 days prior shipment will be subject to a charge of 10% of the shipment price. No cancellations or changes may be made after shipment.
Full payment is required before delivery (payment needs to be made in full no later than one working day before delivery). Orders will be cancelled without further notification if payment is not made before delivery.
4.1 Payment for all Products and/or Delivery Services must be made by contacting your direct business account manager at Dolphin Spa Ltd.
4.2 A deposit may be required in relation to your order. Details of any deposit due, and how to arrange payment of the deposit, will be confirmed in your Order confirmation Email. Please note that payment of a deposit will not automatically give rise to a contract between us.
4.3 Payment for all Products and/or Delivery Services must be made, in full, before delivery.
4.4 We currently can only accept Bank transfer as form of payment.
4.5 We may withhold the Products and/or cancel the Contract between us if payment is not received from you in full in cleared funds.
Upon clearance of full payment, the ownership of the goods is transferred automatically to the dealer when the products are delivered to dealer. Dealer should excise duty of care thereof.
We will do our best to accommodate your shipping requirements assuming we have products of your request in stock.
We are not related in any way other than the fact that you are granted permission to sell our products. You need to trade as your own registered name; you are not allowed to take any action in any way that could lead to consumer confusion.
7.1 Reseller will not use Dolphin Spa Ltd trademark or trade name in any way that implies Reseller is an agency or branch of Dolphin Spa Ltd.
7.2 Reseller has no right, title or interest in any Dolphin Spa Ltd trademark or trade name and is not authorized to use any Dolphin Spa Ltd Trademark or trade name other than the designated marks. Any rights in any Dolphin Spa Ltd trademark or trade name acquired through Reseller’s use belong solely to Dolphin Spa Ltd.
7.3 Unless prior written consent is granted by Dolphin Spa Ltd, Reseller will not copy or modify any materials supplied under this Agreement. Reseller will not remove or omit any copyright notice contained in these materials.
If we change any point in our terms and conditions, you will receive written notification and it will effectively become valid part of this statement.
8.1 We may occasionally update these Terms and Conditions of Sale from time to time, for example to comply with changes in the law or to take account of new ordering processes or new products we may offer. Every time you wish to order Products and/or Installation Services, please check these Terms and Conditions on the website (https://www.orca-leisure.co.uk/) (our “Website”) for the latest version to ensure you are happy with any changes and to ensure you understand the terms which will apply at that time.
8.3 Any revisions will not affect any orders we have already accepted from you.
We both have duty to respect each other’s privacy and confidentiality. You are not allowed to disclose your price list or any other documents relating to Dolphin Spa Ltd to any third-party entities and/or competitors.
The reseller relationship is contingent upon satisfaction of this statement in its entirety. If you breached any part of this statement, we will terminate your contract with immediate effect.
We are not liable for any loss incurred in the event of “Force Majeure” clauses, in other ways in the event outside our control.
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an Event outside Our Control.
11.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
11.3.1 we will contact you as soon as reasonably possible to notify you; and
11.3.2 Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event outside Our Control is over.
12. Other Important Terms:
12.2 The Contract is between you and us. No other company shall have any rights to enforce any of its terms.
12.3 Each of the paragraphs of these Terms and Conditions of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.4 If we fail to insist that you perform any of your obligations under these Terms and Conditions of Sale or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Dolphin Spa Ltd
5-years warranty on the shell structure of the spa: Dolphin Spa Limited warrant the shell against water loss to the customer arising from structural failure for a period of 5 years.
1-year warranty on the shell surface of the spa:Dolphin Spa Limited warrant the shell surface against water loss to the customer, arising from defects in materials, including cracks, blisters, peeling and delamination for a period of 1 year.
2-year warranty on Control System and control panel:The manufacturer warrants the display and the spa control box against defects in materials and workmanship or any defect for two years.
1-year warranty on electrical equipment components warranty:Electrical equipment components (specifically the pumps and heater) are warranted against malfunctions due to defects in workmanship or materials for one year from the original date of delivery.
1-year warranty on the ozone generator:The ozone generator is warranted against defects in materials or workmanship for 1 year from the original date ofdelivery.
1-year warranty on the audio system components:The factory installed audio components (i.e. speakers, Bluetooth audio box, and Bluetooth panel etc.) are warranted against defects in materials or workmanship for 1 year from the original date ofdelivery.
1-year warranty on LED lights:Dolphin Spa Limited warrant the factory installed LED lights against malfunction arising from defects in materials and workmanship for 1 year from the original date of delivery. LED bulbs are not covered by the warranty.
90-day warranty on the basic and optional spa components:Dolphin Spa Limited warrant all other spa components, including but not limited to fuses, topside control unit, diverter caps, cover clips, and jet inserts against malfunction arising from defects in material and workmanship for a period of 90 days.
Other parts including but not limited to filter, filter cartridges, filter lid, filter housing, spa headrests, spa cover, cover locks, light lenses, fuses, cabinet, etc. are not included in this warranty but are warranted to be free from defects in materials and workmanship at the time of delivery.
Limited warranty exclude coverage for damage caused by misuse or lack of maintenance from users. Any parts exchange or replacement are only covered under warranty if faulty or defective parts are returned to Dolphin Spa; manufacturer also reserves the right to replace parts with factory or remanufactured parts.
Guarantee services will be provided only if the original invoice or sales receipt (indicating the date of purchase, model name and dealer’s name) is presented with the defective product within the guarantee period. We may refuse free-of-charge guarantee service if these documents are not presented or if they are incomplete or illegible. This Guarantee will not apply if the model name or serial number on the product has been altered, deleted, removed or made illegible.
This Guarantee does not cover transport costs and risks associated with transport of your product to and from us. Accidents, neglects, fire, liquids, chemicals, other substances, flooding, vibrations, excessive heat, improper ventilation, power surges, excess or incorrect supply or input voltage, radiation, electrostatic discharges including lighting, other external forces and impacts are also not covered.
Radio/Bluetooth/Wi-Fi reception is not covered by warranty because the receptiondependsonlocalconditions.
All warranties hereunder are void if the spa has been subject to chemical misuse or chemical imbalances, alterations or modifications not authorised by Dolphin Spa Limited, attempts to repair the spa not authorised by Dolphin Spa Limited, incorrect use of the spa including but not limited to running the spa dry or filling the spa up incorrectly, electrical installation by a non- qualified electrician, ice in the spa, incorrect winter preparation, or commercial use. No part of the spa is warranted against chemical damage. This includes but is not limited to deposits of limescale on the spa shell or on spa components. Correct chemical use is the sole responsibility of the customer.
Spa covers are not warranted against chemical burns.
The spa shell and components are not covered against any defects which may occur because of the customer not using the cover while the spa is not in use.
This warranty does not cover damage arising from the use of unauthorised sanitisers such as tri-chlor, acids, calcium hypochlorite, sodium hypochlorite, peroxides, any sanitizing chemical that may remain undissolved on the spa surface.
All warranties hereunder are void if O-care Spa care is used to service the hot tub.
Damage to headrest pillows reported beyond the day of delivery will not be covered under warranty. Headrest pillows are to be removed from the spa when not in use.
The warranty does not cover defects of damage due to normal wear and tear, improper installation, alterations without the manufacturer writtenconsent,accident,misuse,abuse,commercialorindustrialuse,use of an accessory not approved by the manufacturer, failure to follow the user manual, or repairs made or attempted by anyone other than an authorized representative of the manufacturer.
Except as specifically provided by the laws of individual countries, Dolphin Spa and its representatives shall not be liable for any injury, loss, cost or other damage, whether incidental or consequential, arising out of any defect covered by this Limited Warranty, including, without limitation, loss of use of the spa and cost for removal of defective product, even if Dolphin Spa has been advised of the possibility of such damage. The liability of Dolphin Spa under this Limited Warranty, if any, shall not exceed the original amount paid for the defective product. Coverage under this Limited Warranty shall commence as of the original date of purchase and the duration of such coverage shall not extend for any reason whatsoever beyond the stated time periods. These disclaimers shall be equally applicable to any service provided by Dolphin Spa and its representative.
All warranties apply from the date the spa is delivered to the customer; all warranties hereby specified do not cover the cost of labour.