General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Consumer: the natural person who is not acting for purposes related to their trade, business or profession and who enters into a distance contract with the trader;
2. Day: calendar day;
3. Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
4. Durable medium: any tool that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
5. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
6. Custom-made product: a product manufactured or assembled according to the specifications and wishes of the consumer, such as hot tubs, saunas, jacuzzis and ice baths;
7. Model form: the model withdrawal form provided by the trader that a consumer can fill in when they wish to exercise their right of withdrawal;
8. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract concluded within the framework of a system organised by the trader for the distance selling of products and/or services, in which, up to and including the moment the contract is concluded, exclusive use is made of one or more means of distance communication;
10. Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being in the same place at the same time;
11. General terms and conditions: these general terms and conditions of the trader.

Article 2 – Identity of the trader

• Qrest Hottubs & Sauna’s
• Luchtenhorst 10, 7207 BV Zutphen
• Email address: [email protected]
• Phone: +31 6 47 06 80 15
• Chamber of Commerce number: 77208692
• VAT identification number: NL003163305B22

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, that the general terms and conditions can be viewed at the trader’s premises and that they will be sent free of charge as quickly as possible at the consumer’s request.
3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be viewed electronically and that they will be sent free of charge, electronically or otherwise, at the consumer’s request.
4. In the event that, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favourable to them.
5. If one or more provisions of these general terms and conditions are, at any time, wholly or partially null and void or are annulled, the remainder of the contract and these terms and conditions will remain in full force, and the parties will jointly agree on a replacement provision without delay that reflects the intent of the original provision as closely as possible.
6. Situations not covered by these general terms and conditions should be assessed “in the spirit” of these general terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted “in the spirit” of these general terms and conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The trader is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products and/or services offered.
4. Images, specifications and data in the offer are indicative. Obvious mistakes or errors in the offer do not bind the trader. The trader cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
5. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
   • the price including taxes;
   • any delivery costs;
   • the manner in which the agreement will be concluded and the actions required for this;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery and performance of the agreement;
   • the period for acceptance of the offer, or the period within which the trader guarantees the price;
   • the way in which the consumer, before concluding the agreement, can check and, if desired, correct the information provided by them;
   • available sizes, colours and types of materials.

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures to that end.
4. The trader may – within legal limits – inform themselves about whether the consumer can meet their payment obligations, as well as about all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the trader has good reason not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to its execution.
5. The trader will send the following information along with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
   • the visiting address of the trader's establishment where the consumer can go with complaints;
   • information about guarantees and existing after-sales service;
   • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal.
6. Each agreement is entered into subject to the condition precedent of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

1. When purchasing products through the webshop, the consumer has the right to dissolve the agreement within 14 days without giving any reason. This cooling-off period applies exclusively to distance contracts and does not apply to purchases made in the showroom. The cooling-off period starts on the day after the consumer, or a representative designated by the consumer, has received the product.
2. During the cooling-off period, the consumer will handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep it. If the consumer uses the product beyond what is necessary for this purpose, the trader may deduct the resulting depreciation from the refund.
3. The consumer can report the withdrawal using the model withdrawal form (available on our Return Policy page) or in another unambiguous way, for example by email to [email protected]. After the withdrawal, the consumer has 14 days to return the product.
4. The costs of the return shipment are borne by the consumer. Heaters and heat pumps must be returned by pallet; the actual transport costs (indication: €200–€250, depending on location) are borne by the consumer.
5. After withdrawal, the trader will refund the full purchase amount, including the standard shipping costs of the outbound delivery, no later than 14 days after the withdrawal. The refund will be made using the same payment method as used for the original transaction. If the consumer opted for a more expensive delivery method than the standard delivery, only the costs of the standard delivery will be reimbursed. If only part of the order is returned, the original shipping costs will not be reimbursed. The trader may wait to refund until they have received the product, or until the consumer has demonstrated that the product has been shipped.
6. The full return procedure is described in our Return Policy.

Article 7 – Exclusion of the right of withdrawal

1. The right of withdrawal is excluded for custom-made products: hot tubs, saunas, jacuzzis, cold plunge baths and other products manufactured or assembled according to the consumer's specifications and wishes (Article 6:230p of the Dutch Civil Code). This also applies to heaters and other products that are adapted or assembled to customer specification.
2. The right of withdrawal is also excluded for sealed products that are not suitable to be returned for reasons of health protection or hygiene, and where the seal has been broken after delivery.
3. The exclusion of the right of withdrawal does not affect the statutory warranty. In the event of a defect or fault in a custom-made product, the consumer is entitled to a sound product; see Article 9 (Conformity and warranty) and Article 12 (Complaints procedure).

Article 8 – The price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. The prices mentioned in the offer of products or services include VAT.

Article 9 – Conformity and warranty

1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement was concluded.
2. A warranty provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader under the agreement.
3. Warranty for private use:
   • Hot tubs and jacuzzis: 2 years. No warranty on the insulating cover and cover components.
   • Outdoor saunas: 2 years.
   • Electrical components: 2 years.
4. Warranty for professional use (such as wellness centres, bed & breakfasts, hotels and campsites): 6 months.
5. The warranty does not apply if:
   • the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
   • the delivered products have been exposed to abnormal conditions, treated carelessly, or handled contrary to the trader's instructions and/or the packaging.
6. The full warranty terms per product type can be found on our Warranty page.

Article 10 – Delivery and execution

1. The trader will exercise the greatest possible care when receiving and executing orders for products.
2. The delivery address is the address that the consumer has provided to the trader.
3. All delivery times are indicative and do not constitute strict deadlines. If a deadline is exceeded, the trader will inform the consumer as soon as possible, and a new delivery date will be agreed in consultation.
4. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
5. Delivery costs: for webshop orders, shipping costs are shown in the shopping cart and during checkout. For custom-made products, delivery within the Netherlands is included (excluding the Wadden Islands); for delivery outside the Netherlands, delivery costs will be included in the quotation. See our Shipping Policy for all details.
6. On-site delivery: custom-made products are delivered to the door or a pre-agreed location accessible for transport. Heaters and heat pumps are delivered by pallet to the curb or property boundary. The consumer is responsible for the accessibility of the delivery location and for making the proper preparations for placement. Any crane costs required are not included.
7. Inspection upon delivery: the consumer is asked to inspect the product for visible damage or defects upon delivery. If damage is found, this should be recorded with the carrier immediately where possible, and reported as soon as possible, preferably within 24 hours, via [email protected].
8. Installation and assembly: if desired, the trader can arrange installation and assembly for an additional fee. The terms and costs of this will be discussed and agreed with the consumer in advance.

Article 11 – Payment

1. Webshop orders are paid in full when placing the order, via the payment methods offered.
2. For custom-made products, payment in instalments applies as specified in the quotation, with a maximum of 50% of the purchase amount requested as an advance payment. The remaining amount is due at the latest upon delivery.
3. The consumer is obliged to report inaccuracies in provided or stated payment details to the trader without delay.
4. In the event of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 12 – Complaints procedure

1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the performance of the agreement must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects. Reporting within two months of discovery is in any case considered timely.
3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. In the event of complaints, the consumer should first contact the trader.
6. A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
7. If a complaint is found to be justified by the trader, the trader will, at its discretion, replace or repair the delivered products free of charge.

In order to provide service as quickly as possible, we ask for the following information in case of a complaint:

1. Invoice number (or order/quote number)
2. Clear description of the problem
3. Photos and/or videos of the defective part

Article 13 – Disputes

1. Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, without prejudice to any mandatory provisions of the country in which the consumer resides.
2. The Vienna Sales Convention does not apply.

Article 14 – Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the disadvantage of the consumer and must be recorded in writing, or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.