Terms and Conditions
All prices are listed in Australian Dollars.
These terms and conditions (“Terms”) plus any implied terms which by law cannot be excluded are the whole agreement between the applicant named in the quotation and/or order (‘Customer or you/your’) and Alpine Spas Pty Ltd ACN 639 248 856(‘we/us/our’). No other contractual terms of a Customer (such as on a purchase order of the Applicant or otherwise) apply and, if provided, they don’t constitute a counteroffer. If you place an order or make a deposit for the supply of all or a portion of goods and/or services as advertised on this website, anywhere online or instore, they are considered to have been supplied under these Terms (‘Goods/Services’), and you will be deemed to have accepted these Terms and they will apply to the exclusion of all other written agreements with us.
2. Payment Options
2.1 A minimum 20% deposit is payable upon acceptance of a quote. Payment of the balance of the order is then due prior to the dispatch of the goods being arranged.
2.2 Full payment for your items included in this invoice/sales order confirmation must be received prior to Alpine booking in delivery/or pick up at a depot. Ownership remains with Alpine Spas Limited until full payment is received. To make your Alpine Spas purchase as easy as possible, we offer the following payment options: Internet banking, Debit Card, Eftpos, Bank Deposit, Credit Card, (Visa & Mastercard, GEM Visa), Gem CreditLine, or a GEM finance approval number are also accepted.
2.2.1 Credit Card (Master Card, Visa, GEM Visa) payment methods are subject to a 1.9% Credit Charge surcharge.
2.3 If we don’t receive the balance of payment for any Goods that have been ordered, we may:
2.3.1 suspend or discontinue supply of the Goods to you and/or cancel your account with us;
2.3.2 charge the Customer a Weekly storage fee if Alpine Spas are required to hold your stock longer than 4 weeks past your initial delivery date unless we tell you in writing otherwise. The value of the storage fee is variable based on the product being stored, and will be determined at the time based on market rates to recoup the costs.
2.4 We can set-off against any money owing to you, amounts owed to us by you on any account whatsoever.
2.5 You are liable for all reasonable expenses (including contingent expenses such as debt collection commission) and legal costs (on a full indemnity basis) incurred by us for enforcement of obligations and recovery of monies due from you to us.
2.6 All sums outstanding become immediately due and payable by you to us if you make default in paying any sums due to us, you become bankrupt or commit any act of bankruptcy, or have judgment entered against you in any court, notwithstanding the provisions of any other clause in these Terms.
3. Quotations, Pricing, Custom Orders & Deposits
3.1 Prices charged will be according to a current quotation or determined by us by reference to our standard prices in effect at the date of the order. Subject to clause 17, we reserve the right to increase the prices, however, we will not change any prices for an existing order that has been accepted by us; the prices that apply to the order are the prices that applied at the time you placed the order. A quotation shall not constitute an offer and will remain valid only for Fourteen (14) days from the date of the quotation. A quotation is subject to variation without notice to you prior to your acceptance of the quotation. You are responsible for ensuring the accuracy of all specifications, details, sizes and quantities which form the basis of a quotation. We do not accept any responsibility for any errors in such specifications, details, sizes and quantities and shall fulfil the order in conformity with the information supplied by you.
3.2 Custom and special orders (spas that are not part of our core range & all swim spas) require a non-refundable deposit of 50%. In the event of an order cancellation containing these products the deposit will be retained by Alpine Spas to cover costs incurred including, but not limited to Shipping, Handling, Storage, and Costs incurred to resell.
3.3 Documents requiring signature may be signed in electronic form and are binding from the time a person affixes a signature on your behalf.
3.4 Prices in quotations don’t include (unless specified): (1) any statutory tax, including any GST, duty or impost levied in respect of the Goods and not allowed for by us in calculating the price; or (2) costs and charges in relation to insurance, packing (other than our standard packing), crating, delivery (whether by road, rail, ship or air) and export of the Goods.
3.5 You shall pay any variations in the invoice/sales order confirmation or contract price as a consequence of:
3.5.1 currency fluctuations;
3.5.2 Any adjustments made by the dispatch team as a result of the specific delivery options for the Goods.
3.6 This agreement shall not be affected by any impositions or alterations of customs duties or by decisions of the Customs Department with regard to either classification or value of duty or landing charges. Any such impositions shall be payable by you.
3.7 Price Beat
We know Spa Pools, we know quality, and we definitely know value, so if you can find a better price on the same spec’d Spa, bring it to us and we’ll beat it!
This applies to Australian retailers but excludes trade quotes, stock liquidations, commercial quantities and online-only retailers.
Come see us in-store with details of the advertised price you have found and upon confirmation, we’ll beat it.
Alpine Spas’ price beat applies where the other retailer’s final price, inclusive of delivery, taxes, fees and charges, is lower than our price on the day that the price guarantee is requested.
4. Delivery & Pickups
4.1 Melbourne and Sydney based customers can collect their spa free of charge from the dispatch warehouses. Contact us to confirm stock levels at your nearest warehouse (Most Alpine Spas are held in stock ready for immediate delivery). Typically delivery times Australia wide are between 3 days and 3 weeks depending on location. Alpine Spas has insurance cover while your spa is being freighted for peace of mind.
4.2 Alpine Spas can deliver almost anywhere in Australia (interstate transfers outside of Melbourne and Sydney can be arranged for an additional cost). We have a number of different options to suit your situation including pickup, depot delivery, curbside delivery, manpower options, hiab cranes, crane and even helicopter delivery. Ask our friendly team for more information.
4.3 We shall not be liable for delay in delivery/supply. If we quote a time for delivery/supply, it’s an estimate only. We can stop supply/delivery if you fail to comply with these Terms.
4.4 We may refuse to supply any order in our absolute discretion (except where these Terms constitute a small business contract for the purposes of the Australian Consumer Law (‘Small Business Contract’)) and may make acceptance of an order conditional upon receiving a satisfactory credit assessment of the Customer.
4.5 Freight charges/method on this invoice/sales order confirmation are indicative only for a ‘standard’ delivery, based on details supplied at time of initial sale. If you tell us to deliver the Goods over different times or to different addresses from those specified in the Credit Application, then you: (1) shall be liable for any additional cost, charge and expense incurred by us in complying with your direction; (2) shall pay for the whole of the invoiced value of the Goods pursuant to and notwithstanding the staggered deliveries; and (3) such action shall be deemed to be delivery to you.
4.6 You are deemed to accept delivery of the Goods where they are either delivered to your premises or when we notify you that the Goods are available for collection.
4.7 If you are unable or fail to accept delivery of the Goods, we may deliver them to a place of storage nominated by you and, failing such nomination, to a place determined by us. Such action shall be deemed to be delivery to you. You shall be liable for all cost, charge and expense incurred by us on account of storage, detention, double cartage/delivery or similar causes.
4.8 Subject to clause 4.3, you agree that you will be obliged to and shall pay for the Goods on the due date notwithstanding that delivery is made after the agreed delivery date, and notwithstanding that the Goods may not yet be delivered.
5. Privacy Act 1988 (‘Privacy Act’)
6. Copyright & Intellectual Propert
6.1 Materials on our websites may not be modified, reproduced or publicly displayed, or distributed or used for any public or commercial purpose.
6.2 All intellectual property rights (including all rights resulting from intellectual activity and includes copyright, inventions, patent rights, registered and unregistered trademarks, design rights, circuit layouts and all rights and interests of a like nature, and including but not limited to methods and techniques, together with any documentation relating to such our rights and interests), including those developed during the supply of the Goods remain our sole property at all times.
6.3 If we terminate this agreement, we may immediately reclaim any material incorporating our intellectual property and you grant us an irrevocable licence to enter upon your premises to reclaim such material without incurring liability to you or any other person.
7. Similar Elsewhere
Alpine Spas regularly compares our spa prices against a range of Australian and NZ suppliers and their similar functions and specifications. We call this “Similar Elsewhere.
8. Returns, Damages or Loss in Transit)
8.1 You shall not return any Goods to us without obtaining prior authorisation from us. Unauthorised returns will not be accepted. You MUST notify Alpine Spas and the freight carrier of any damage (internal or external damage) within 24 hours of receiving your spa. Any freight damage claims made outside this 24 hour time window will not be accepted as damage by the freight company.
8.2 No returns will be accepted:
8.2.1 After 60 days from the date of delivery; and
8.2.2 Unless a copy of the relevant invoice/sales order confirmation is enclosed with the returned Goods and that prior to signing pickup or delivery consignment from freight carrier the buyer must ensure there is no shortage or visible damage to outer packaging. The freight carrier’s consignment note must be endorsed accordingly at the time the spa is delivered. A list of the Goods returned including product descriptions, quantity, date of return and the Customer’s name and address must also be enclosed. All Goods must be returned in the original packaging and
you shall be responsible for all damage incurred during return shipment. Subject to any rights you may have under the Australian Consumer Law, if we accept the return of any Goods that have been ordered, we may charge you fifteen per cent (15%) of the invoice/sales order price as a handling fee with all freight costs and risk remaining your responsibility.
8.3 Cancellation – Other than as set out in our 60-Day Satisfaction Guarantee, we will not accept cancellations or partial cancellation of an order unless we have first consented in writing to such cancellation or partial cancellation and unless a cancellation charge has been paid which, as determined by us, will indemnify us against direct loss, without limitation. Cancellation will not be accepted on Goods that are not regular stock which are in the process of manufacture or ready for shipment.
8.4 Complaints – Subject to any rights you may have under the Australian Consumer Law, all complaints, claims, or notification of lost Goods, incomplete Goods, Goods damaged in transit or Goods that do not comply with your purchase order must be submitted to us in writing within seven (7) business days of delivery of the Goods. We may issue a refund or credit note in respect of the Goods. Otherwise, you are deemed to have accepted the Goods and shall not refuse to pay for the Goods on the basis that they were lost, incomplete, damaged in transit, or do not comply with your purchase order.
8.5 Change of mind – A request to return Goods for change of mind must be made in accordance with the 60 Day Satisfaction Guarantee policy rules below (If Applicable).
8.6 Spas cannot be returned if you simply change your mind outside of our 60-Day Satisfaction Guarantee.
9. Return of Spa (60-Day Satisfaction Guarantee)
9.0 In order to qualify for the Alpine Spas 60 day right of return the following criteria must be met:
9.1.1 You must be the original owner of the spa pool – purchases are not transferable.
9.1.2 You must deliver to the nearest Alpine Spas Storage Centre. All costs of removal and return of the spa are the customers.
9.1.3 Your eligible spa must be in as new condition as determined by Alpine Spas or Alpine Spas Agent. Unacceptable damage may include, without limitation, internal or external scratches, scrapes, dents, odors, rips, burns, etc.
9.1.4 Your spa must be returned to the Storage Centre in the same working order as it was received on pickup/delivery.
9.1.5 Your spa must not have been subject to any liens or other security interests.
9.1.6 A minimum of (30) days must have passed since the delivery date of your spa.
9.1.7 Your spa must undergo a full inspection by an Alpine Spas representative before a refund is given.
9.1.8 If you choose to proceed with the return, you must notify us in writing to: Unit 1, 450 Princes Highway, Noble Park, 3174, VIC.
9.2 Our 60 Day Satisfaction Guarantee applies only to the purchase of brand new stock, from our spa pool range. It does not apply to any other goods purchased.
9.3 Swim Spas are not included in the 60 Day Satisfaction Guarantee as they are all custom made on request.
9.4 Ex demo & ‘scratch & dent’ sales are full and final, not subject to 60 day return policy.
9.5 Freight charges must be paid by you for all change of mind returns. We will issue a credit note/refund (at our election) only after Goods returned are either collected by our authorised representative or agent or returned to us as set out above. You must not deduct the amount of any anticipated credit from any payment due to us. All Goods returned for change of mind must be of merchantable and reasonable quality such that the Goods are complete in their original packaging, not shop-soiled, are not price ticketed and are still listed in the current price list.
10. Limitation of Liability
10.1 Our total liability arising under or in relation to this agreement or in connection with the performance or breach of our obligations under this agreement, whether such liability is based in contract, indemnity, warranty or tort (including negligence of any kind), shall not exceed the lesser of $10,000,000, or the cost of rectification of the Goods.
10.2 Alpine Spas does not accept liability for any indirect, special, incidental or consequential damages incurred as a result of delivery & installation of the spa pool into position at the destination, including but not limited to damage to structures, driveways & any other third party structures unrelated to the Goods purchased.
10.3 Alpine Spas does not accept any responsibility or liability for any advice given in connection with local council regulations including but not limited to building consents, resource consents and/or spa and swim spa fencing requirements. Any information provided is general, and is not intended to address your specific circumstances. All enquiries should be directed to and checked with the local council. Alpine Spas will not be liable for costs associated with but not limited to building alterations, removal costs, delivery costs, or labour costs associated with the replacement of a spa.
11.1 The warranty is not transferable. View our warranty policy on our website.
11.2 If you are a consumer for the purposes of the Australian Consumer Law (‘Consumer’), our liability for a breach of a condition or warranty is limited to:
11.2.1 The repair of the Good(s) or resupply of the Services or the cost of repairing the Good(s) or resupplying the Services if we determine that there has been a minor fault; or
11.2.2 If it is not possible to repair the Good(s), or if we determine that there has been a major fault (which may include multiple minor faults), the replacement of the Good(s) or refund of the price paid for the Good(s), as determined by you; or
11.2.3 If a minor fault prevents the Good(s) from being used for their intended purpose within 30 days after purchase, the replacement of the Good(s) or refund of the price paid for the Good(s) as determined by you; or
11.2.4 Cancelling the agreement and granting a refund if there is a major fault with the Services.
11.3 If the Goods are returned in accordance with this clause 11, you are responsible for returning the Goods to our premises. If the Goods are confirmed to have a major fault, you may recover reasonable postage or transportation costs from us and no handling fee is payable by you. In the event we cannot agree a value, reasonable transportation costs will be calculated by Alpine Spas obtaining a quote from our delivery providers.
11.4 You acknowledge and warrant that you have relied on your own skill and judgment or, alternatively, on the skill and judgment of tradesmen and professional advisers retained by you to provide advice and assistance on the suitability of the Goods for specific purposes and procedures and, in this respect, you shall indemnify us from and against any suit, claim, demand or compensation which, but for these Terms, you may have had against us, except if you are a consumer for the purposes of the Australian Consumer Law (‘Consumer’) or these Terms are deemed to be a Small Business Contract.
11.5 You warrant to us that you are purchasing Goods as the principal and not as an agent.
In addition to any lien to which we may, by statute or otherwise, be entitled, we shall in the event of your insolvency, bankruptcy or winding up, be entitled to a general lien over all property or Goods belonging to you in our possession (although all or some of such property or Goods may have been paid) for the unpaid price of any Goods sold or delivered to you under this or any other contract.
13. Availability of Stock
Any order that cannot be fulfilled on its receipt will automatically be back ordered and processed when stock becomes available. Deliveries at any time are subject to availability of stock and we will not be liable for any charges due to product unavailability.
You acknowledge and accept that we sell our Goods only through persons who have been authorised by us to sell specific product categories at specific locations and who comply with our Terms and Conditions. Subject to the provisions of the Competition and Consumer Act 2010: (1) under no circumstances may you sell our Goods through the Internet or the mail without prior written authorisation from us; (2) you are prohibited from selling Goods on the international market without our express written consent; and (3) we do not grant to you the exclusive right to sell our Goods. We reserve the right to authorise and/or supply additional retailers in any market area that it deems necessary to adequately cover the market.
Subject to clause 3.4 and unless otherwise agreed, we will ship by the least expensive route and carrier to all points. If you choose a route with a higher charge than the route of our choice for shipment, we will charge the difference to you.
16. Force Majeure
We shall be released from our obligations in the event of national emergency, war, pandemic, prohibitive governmental regulation or any other cause beyond the control of the parties, that renders provision of the Goods impossible, where all money due to us shall be paid immediately and, unless prohibited by law, we may elect to terminate the Agreement.
17.1 We may vary these Terms by providing written notice to you (by email, conventional mail or by posting the amended terms on our website).
17.2 If you are a Consumer, or this agreement is deemed to be a Small Business Contract, and you do not deem the variation acceptable, you may elect not to proceed with the purchase of the Goods ordered before the date of the variation but which are intended to be subject to the variation.
17.3 If you are not a Consumer and this agreement is not deemed to be a Small Business Contract, you agree that the variation applies from the date of receiving notice of the varied Terms.
18. Failure to Act
Our failure to enforce or insist upon the timely performance of any term, condition, covenant or provision in these Terms, or our failure to exercise any right or remedy
available under these Terms or at law, or our failure to insist upon timely payment of monies when due or to demand payment of any charges or fees (e.g storage fees) which accrue or any extension of creditor forbearance under these Terms shall not constitute a waiver of any subsequent default or a waiver of our right to demand timely payment of future obligations or strict compliance with the Terms.
19. Legal Construction
19.1 These Terms shall be governed by and interpreted according to the laws of Australia and the parties consent and submit to the jurisdiction of the Courts of Victoria.
19.2 Notwithstanding that any provision of the Terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason that provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the Terms shall continue in full force and effect.
20.1 The disclaimers that we use on this site are listed here.
20.2 ^ WEEKLY FINANCE RATES: Weekly finance rates are based off a 36 months interest free term from Latitude Gem Visa. The calculator can be found here: www.gemvisa.com.au/iifcalculator
20.3 † 12 MONTHS INTEREST FREE is subject to GEM standard credit criteria and terms & conditions. Offers for periods longer than 12 months can only be combined with our normal retail prices. They cannot be used in conjunction with other offers, unless otherwise specified. Clearance is excluded from Interest Free Offers.
20.4 PRICE BEAT applies to Australian retailers but excludes trade quotes, stock liquidations, commercial quantities and online-only retailers. Alpine Spas’ price beat applies where the other retailer’s final price, inclusive of delivery, taxes, fees and charges, is lower than our price on the day that the price guarantee is requested.
12 Months Interest Free Terms & Conditions – Credit and lending criteria and fees apply, including a Gem Visa $55 establishment fee and annual fees ($52 Gem Visa / $50 Gem CreditLine). Prevailing interest rate (currently Gem Visa 25.99% p.a./Gem CreditLine 29.95% p.a.) applies after any interest free term ends. Paying only the minimum monthly repayment of 3% of the outstanding monthly balance or $20 (whichever is more), will not be sufficient to repay the purchase amount(s) within the promotional period. Amount payable will be shown on your monthly statement. Long term interest free offers may vary. Available at participating retailers to approved customers only. Conditions, fees and charges apply. Credit provided by Latitude Financial Services Limited. Excludes clearance stock
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