Important Notice: This page (together with the documents referred to in it) tells you the terms and conditions that apply when you purchase a product from our website www.skargards.ie. Please read these terms and conditions carefully. By placing an order you agree to be legally bound by and act in accordance with these terms and conditions and all other applicable provisions
These general terms and conditions apply as an agreement between Badtunna Skärgårdstunnan AB ("Skargards") and the natural or legal person who enters into an agreement in accordance with section 3 ("the Purchaser"). Deviations from these terms and conditions are only valid if they have first been expressly approved in writing by Skargards.
Full details of Skargards:
Badtunna Skärgårdstunnan AB
(VAT/company number SE556809597901)
662 34 Åmål
Telephone no.: 076 8888 100
The advertising by us of products on this website constitutes an invitation to treat. It does not constitute an offer by Skargardsto the Purchaser to sell the Purchaser products. By clicking “Submit Your Order” on our website the Purchaser is making an offer to Skargardsto purchase the products on the basis of these Terms and Conditions. Skargardsshall be free to accept or decline this offer in its absolute discretion. By sending an order confirmation by email to the Purchaser, Skargards accepts the Purchaser’s offer, at which point a contract will come into existence between the Purchaser and Skargards.
The price of the product (which includes VAT) will be the price indicated on our website when you click “Submit Your Order”.
Right to withdraw the purchase
The Purchaser has the right of withdrawal for the purchase of any products, other than a hot tub, up until 14 days after the day on which the Purchaser receives the products without providing any reason under Article 9 of Directive 2011/83/EC, as implemented under national law (“the Statutory Right of Withdrawal”).
If the products include a hot tub the Purchaser accepts that the hot tub is customised to the Purchaser’s specifications or otherwise personalised for each individual customer and accordingly the Statutory Right of Withdrawal does not apply.
Notwithstanding that the Statutory Right of Withdrawal does not apply to a hot tub, which is customised or personalised, Skargards grants the Purchaser a unilateral right to cancel his or her purchase within 60 days without giving any reason. The period is limited to 60 days from the date of the order, or 40 days from the date of delivery, whichever is the later. This contractual right to cancel applies to all of the products, including a hot tub (“the Contractual Right of Cancellation”).
Skargards will refund to the Purchaser the price paid for the products by the method used by the Purchaser for payment within 14 days from the day on which Skargards receives the product. However, we may make deductions from the price, as described below.
Procedure for exercising the right of withdrawal/cancellation
In order to exercise the Statutory Right of Withdrawal or the Contractual Right of Cancellation the Purchaser must send Skargards a notice bycompleting the returns form at this link and returning it to Skargards by email to email@example.com within the time period set out in Clause 4.1.3.
After the notice has been given in accordance with Clause 4.2.1.
A hot tub which has been delivered to the Purchaser’s home will be collected by Skargards.
any products other than the hot tubs, must be returned by the Purchaser and at the Purchaser’s expense within 14 days from sending the notice referred to in Clause 4.2.1 to:
Badtunna Skärgårdstunnan AB,Industrigatan 12, SE-662 34 Åmål, Sweden.
In the event that Skargards finds that the products are handled beyond that necessary to establish their nature, characteristics and functioning Skargards is entitled to a deduction from the amount refunded corresponding to the cost of restoring the goods to their original state. Such a deduction, however, can never amount to more than the original price of the products.
The Purchaser bears the risk of loss or damage to the products while the products are in transit to Skargards. Risk to the products shall pass back to Skargards when received by Skargards.
Exceptions to the right of withdrawal/cancellation
The Statutory Right of Withdrawal and the Contractual Right of Cancellation are only available to a consumer, as defined in Directive 2011/83/EC as “any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession” (“Consumer”). The Statutory Right of Withdrawal and the Contractual Right of Cancellation do not apply to traders or if the purchase can be considered to have been carried out mainly for use in the context of commercial activities (“Non-Consumers”).
The Contractual Right of Cancellation shall not apply to hot tubs where Skargards advises the Purchaser it cannot facilitate that right due to the level of personalisation or customisation specified by the Purchaser or otherwise. In order to rely on this clause, Skargards must advise the Purchaser on or before the acceptance of the Purchaser’s order that the Contractual Right of Cancellation shall not apply. The Purchaser shall either confirm or cancel his/her order in such a case.
Products, other than hot tubs, will be delivered by post or by an independent carrier.
If the order includes a hot tub, Skargards will deliver the hot tub to the address specified for delivery by the Purchaser. The location must be accessible by road. It is the Purchaser’s responsibility to accept delivery at the delivery address. A product will become the Purchaser’s responsibility from the time Skargards delivers the product to the delivery address. Skargards will not be responsible for any delay in delivery as a result of any act or omission by the Purchaser.
If the products are to be shipped according to the Purchaser's instructions, the products are considered to have been delivered when they have been handed over the independent carrier or have been unloaded at a dock.
Unloading during delivery of the hot tubs takes place on weekdays between the hours of 07:00 and 17:00. The Purchaser must be able to identify him or herself, on request, as the recipient of the products.
Unloading of the hot tubs takes place using a tail lift to ground level directly beside the vehicle.
Unloading of the hot tubs takes place, unless specifically agreed otherwise, at the Purchaser's site boundary or as close to the site boundary as the carrier considers that it is possible to drive the vehicle taking the conditions of the site into consideration.
The Purchaser is responsible for examining the products upon receipt. If the Purchaser, on receipt, discovers that the consignment has been damaged during transportation, the Purchaser must immediately point this out on site to the parcel agent or carrier. The damage must then be described in the shipping document. The document must be signed by both parties. The Purchaser must contact Skargards unless the transport company accepts liability. By signing the shipping document, the Purchaser unconditionally accepts that delivery has taken place, the delivery caused no damage to the Purchaser’s property, the products are free from any visible damage and the Purchaser acknowledges that he/she shall have no claim for any such damage. This does not acknowledge that title to the products has passed to the Purchaser.
If articles are missing in the consignment, the Purchaser must immediately contact Skargards.
If the products are faulty or damaged the Purchaser must notify Skargards of such fault or damage by telephone or by email as soon as possible after delivery. Where it is established that the product is faulty the Purchaser shall have such rights of redress by way of a refund, replacement or repair as conferred by law.
Unless otherwise agreed between Skargards and the Purchaser we will deliver the products to the Purchaser without undue delay and no later than 30 days from the conclusion of the contract. Skargards are not liable in respect of any delay in delivery as a result of any act or omission by the Purchaser or as a result of any circumstances outside of Skargards’ control.
If the Purchaser does not collect the products from Skargards, as arranged, or is not available to take delivery at the delivery address the Purchaser is obliged to pay all shipping costs, storage costs and any additional costs associated with re-arranging delivery or the return of the products to Skargards. Failure to collect the products is not considered to be an exercise of the Statutory Right of Withdrawal or the Contractual Right of Cancellation in accordance with Section 4.
The delivery costs of the products are included in the price of the products as displayed on our website.Free shipping for all products-applies only to the mainland country of destination. Products, other than hot tubs, will be delivered by post or by an independent carrier Free shipping for products applies only in areas where the transport company’s service has regular routes for trucks and the delivery address can be reached on a route classified by the transport company as a navigable route. Examples of non-navigable routes include routes that include a ferry or other boat transport. In case of doubt regarding the navigability of the route, the Purchaser is responsible for contacting the transport company's customer services. Please note that the transport company's regular routes may vary depending on the time of year.
If the route is not classified by the transport company as a navigable route, the Purchaser is obliged to collect the products from the nearest freight terminal. Any transportation costs deriving therefrom are payable by the Purchaser.
The various payment options available to the Purchaser are provided to the Purchaser when an agreement in accordance with section 3.1 above is entered into. The Purchaser is provided with customised payment options.
Skargards reserves the right to carry out normal credit checks and investigations on the Purchaser in relation to (a) the Purchaser’s identity and (b) the Purchaser’s ability to pay., The Purchaser must be able to prove his/her identity on request.
These investigations may include passing the Purchaser’s personal information to credit reference agencies and they may keep a record of any search that they do. #
Due dates and late fees in the case of an invoice purchase
The invoice due date is 15 days from its issue date.
In the case of non-payment or late payment, Skargards is entitled to charge interest to the Purchaser on the overdue amount at the rate of 8% a year. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.
If the invoice is not paid after the first reminder, Skargards is entitled to charge a late fee of EUR 100 for every reminder that is issued.
If Skargards is forced to take legal measures after issuing a third reminder that does not result in full payment of the invoice, Skargards is entitled to charge a late fee of EUR 450.
In the case of payment by credit/debit card, the payment takes place using an encrypted procedure.
In the case of payment by credit card, the card will be charged on the day that production or packaging of the order is initiated at the Skargards factory. However, an amount equal to the purchase price will be reserved on the card at the time the order is placed.
The Purchaser must be authorised to use the debit or credit card specified in the payment.
Risk in the products shall pass to the Purchaser on delivery.
Title to the products referred to in an invoice shall not pass to the Purchaser until Skargards has received payment in full for:
That invoice; and
all other sums which are or which become due to Skargards from the Purchaser for sales of the products or on any account.
Until title to the products has passed to the Purchaser, the Purchaser shall:-
hold the products on a fidiuciary basis as Skargards’ bailee;
store the products separately from all other products held by the Purchaser so that they remain readily identifiable as Skargards’ property;
not remove, deface or obscure any identifying mark or packaging on or relating to the products;
maintain the products in satisfactory condition
If the Purchaser does not pay for the products and without limiting any other right or remedy Skargards may have, Skargards may at any time require the Purchaser to deliver up the products and, if the Purchaser fails to do so promptly, Skargards may enter any premises of the Purchaser or of any third party where the products are stored in order to recover them.
Skargards guarantees that in relation to manufacturing or material defects notified to it in accordance with this clause and if Skargards is satisfied that a valid claim has been made by the Purchaser, Skargards will, at its discretion, within a reasonable period:-
(i) repair the product free of charge; or
(ii) replace the defective product with a new or equivalent product.
In the event that neither of the previous options are available Skargards will refund the price of the product to the Purchaser.
Skargards will be entitled to determine which of these three options will apply.
A Consumer must notify Skargards within 12 months and a Non-Consumer must notify Skargards within 6 months from the date of purchase of a claim under the Guarantee.
The Guarantee will not apply if the product is not used and assembled in accordance with the accompanying instructions for assembly and use.
The Purchaser is responsible for ensuring that any of its own installation and building materials are removed to allow Skargards’ personnel access to the products in the case of a repair.
Skargards’ liability for compensation under the Guarantee can never amount to more than the value of the defective part of the delivered products.
The Guarantee is not valid if modifications are carried out to the product without prior approval in writing from Skargards. Neither does the Guarantee apply if repairs were carried out using parts other than authorised spare parts or if maintenance was not carried out in accordance with the instructions.
If a hot tub must be returned for repair or replacement, the Purchaser is responsible for packaging the hot tub in the same way as it was packaged on receipt and for making the product accessible at the place where the carrier engaged by Skargards unloaded it upon delivery. For all other products that are not hot tubs the products shall be packaged in the same way as they were packaged on receipt and returned to Skargards by post. The risk of damage or loss to the products will remain with the Purchaser until the products are received by Skargards.
Instructions on how to claim under the Guarantee are provided by Skargards at the time of receipt of a claim notification. If a guarantee claim is approved, Skargards will compensate the Purchaser for the cost of return shipping from the aforesaid location.
Claims under the Guarantee must be submitted by email to firstname.lastname@example.org
By placing an order with Skargards, the Purchaser consents for Skargards to store, manage and use the personal information and data applicable within the context of customer relations for order processing, payment processing, delivery management, communication, information and a newsletter. Skargards is also entitled to provide the necessary data to third parties in order to comply with its obligations vis-à-vis the Purchaser. If the Purchaser does not wish to receive further communication, the Purchaser can expressly opt-out to receive further contact. If the Purchaser chooses to pay by credit/debit card, the transaction will be processed by our payment partner Adyen to ensure fast and secure payment. Adyen meets all Payment Card Industry Data Security Standard requirements. Skargards does not store any card information in the case of payment by card.
If a dispute arises between the Purchaser and Skargards we recommend the Purchaser attempts to revolve it with Skargards informally.
Alternatively disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at this link https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN. The contract between the Purchaser, if they are a Consumer, and Skargards shall be governed by and construed in accordance with the laws of the Purchaser’s country of domicile and the parties hereby submit to the jurisdiction of the courts in the Purchaser’s country of domicile.
The contract between a Non-Consumer and Skargards shall be governed by and construed in accordance with Swedish law and the parties hereby submit to the exclusive jurisdiction of the Swedish courts.
Where a class/collective claim is permitted under applicable national law, the Purchaser agrees with Skargards that each party can only file a claim against the other party in an individual capacity, not as a respondent or group member in a class/collective claim. No arbitrator or adjudicator may accumulate more than one person's claim or otherwise accept any kind of class/collective claim unless otherwise agreed by the Purchaser and Skargards.
Skargards has a legal duty to Consumers to supply products to that are in conformity with this contract. Nothing in this contract affects such Consumer’s statutory rights under law.
Special terms and conditions apply to retailers approved by Skargards.
For Non-Consumers, these Terms and Conditions constitutes the whole agreement and understanding between the Purchaser and Skargards and supersedes any previous agreement, understanding or agreement between them relating to the subject matter of this contract. The Purchaser acknowledges that, in entering this contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in these Terms and Conditions. Each party agrees that all liability for and remedies in respect of any representations are excluded except as expressly provided in these Terms and Conditions. Nothing in this clause shall limit or exclude any liability for fraud.
Skargards is not liable for any direct or indirect property damage or economic loss as a result of its goods or services or in the event that it is not possible to use them. For avoidance of doubt, Skargards does not exclude or limit in any way our liability to the Purchaser where it would be unlawful to do so.
Skargards is not liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if ether it is obvious that it will happen or if, at the time the agreement was made, both parties knew it might happen. This does not exclude or limit in any way Skargards’ liability to the Purchaser where it would be unlawful to do so.
In the case of Non-Consumers, all warranties, conditions or obligations implied by law shall be excluded to the extent permitted by law and Skargards’ liability in contract or tort (including negligence) shall not exceed the price paid for the products.
Skargards is not liable for any business losses. We will have no liability in contract or tort (including negligence) to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If any provision of this agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
Skargards develops, produces and markets Swedish hot tubs and pool equipment. Our factory is located on the coast of Vänern, Sweden's largest lake.
Skargards is one of Europe's biggest wood-fired hot tub producers. Our products are sold in 12 countries throughout northern Europe.
Receive your hot tub from us exactly the way you imagined it. We build each and every hot tub as requested, then deliver it all the way to you – free of charge.
All the tubs are made of glass fiber reinforced plastic, a material also used for building boats. We choose exclusively eco-certified wood for our hot tubs.
You can pay for your items only once you've received them.