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Terms of service

General Terms and Conditions of Sale Fonteyn LTD

Last updated: June 17, 2026

Article 1. Applicability

1.1 These General Terms and Conditions of Sale apply exclusively to all offers, orders, and agreements of Fonteyn LTD, to the exclusion of any other general terms and conditions.

1.2 Accepting an offer or placing an order implies that the customer accepts the applicability of these Terms and Conditions.

1.3 The provisions of these Terms and Conditions may only be deviated from in writing, in which case the remaining provisions shall remain in full force and effect.

1.4 If it is found that one or more provisions in these General Terms and Conditions are null and void or voidable, the General Terms and Conditions shall remain in force for all other matters. In the event of this situation, Fonteyn LTD and the customer shall enter into consultation with the aim of agreeing on new provisions to replace the null and void or voided provisions.

1.5 If Fonteyn LTD has allowed deviations from these Terms and Conditions, whether explicitly or implicitly, for a short or long period, this shall not affect its right to subsequently demand immediate and strict compliance with these Terms and Conditions.

Article 2. Offers and agreements

2.1 All offers from Fonteyn LTD are without obligation, and Fonteyn LTD expressly reserves the right to change prices.

2.2 An agreement is only concluded after acceptance of your order by Fonteyn LTD. Fonteyn LTD is entitled to refuse orders or to attach certain conditions to the delivery.

2.3 Fonteyn LTD cannot be held to its offers and/or quotations if the offer and/or quotation, or any part thereof, contains an error or clerical mistake.

2.4 If the acceptance deviates from the offer included in the proposal and/or quotation, whether or not on minor points, Fonteyn LTD is not bound by it. The Agreement shall then not be concluded in accordance with this deviating acceptance, unless Fonteyn LTD indicates otherwise.

Article 3. Prices and payments

3.1 The stated prices for the offered products and services are in pounds, including VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.

3.2 Payment can be made in (one of) the method(s) indicated during the ordering process. Further (payment/order) conditions may apply to the order.

3.3 After the expiration of the payment term, the Customer shall be in default by operation of law without notice of default. From the moment of default, the Customer shall owe interest of 2% per month on the amount due, unless the statutory interest rate is higher. If Fonteyn LTD outsources its claim for collection, the Customer shall also owe the collection costs, which amount to at least 15% of the outstanding amount, without prejudice to the right of Fonteyn LTD to claim the actual extrajudicial collection costs incurred instead.

3.4 If the Customer is in default with any payment, Fonteyn LTD is entitled to suspend or dissolve (the execution of) the relevant agreement and related agreements.

3.5 If the prices for the offered products and services increase in the period between the order and its execution, the customer is entitled to cancel the order or dissolve the agreement within ten days after notification of the price increase by Fonteyn LTD.

Article 4. Delivery

4.1 The delivery times stated by Fonteyn LTD are indicative only. Exceeding any delivery period does not entitle the customer to compensation, nor does it entitle the customer to cancel the order or dissolve the agreement, unless the exceeding of the delivery period is such that the customer cannot reasonably be expected to maintain the agreement. In that case, the customer is entitled to cancel the order or dissolve the agreement to the extent necessary.

4.2 Delivery of the products shall take place at the place and time when the products are ready for shipment.

4.3 Fonteyn LTD is authorized to use third parties in the execution of your order(s).

4.4 In the event of typesetting, input, writing, or calculation errors, Fonteyn LTD may cancel a purchase.

Article 5. Retention of title

5.1 All goods supplied by Fonteyn LTD in the context of the Agreement remain the property of Fonteyn LTD until the Customer has properly fulfilled and fully paid all obligations owed under the Agreement.

Article 6. Intellectual and industrial property rights

6.1 The Customer must fully and unconditionally respect all intellectual and industrial property rights vested in the products supplied by Fonteyn LTD. Fonteyn LTD does not guarantee that the products supplied to the Customer do not infringe upon any (unwritten) intellectual and/or industrial property rights of third parties.

Article 7. Force Majeure

7.1 A failure cannot be attributed to Fonteyn LTD or the customer, as the failure is not due to their fault, nor is it for their account pursuant to law, legal act, or generally accepted views. In this case, the parties are also not obliged to fulfil the obligations arising from the agreement.

7.2 In these General Terms and Conditions, force majeure is understood to mean, in addition to what is understood in this area in law and jurisprudence, all external causes, foreseen or unforeseen, over which Fonteyn LTD cannot exercise any influence and as a result of which Fonteyn LTD is unable to fulfil its obligations.

7.3 Without prejudice to its other rights, in the event of force majeure, Fonteyn LTD has the right, at its own discretion, to suspend the execution of your order or to dissolve the agreement without judicial intervention, by notifying the customer thereof in writing, and without Fonteyn LTD being liable for any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.

7.4 Force majeure is understood to mean any failure to perform which cannot be attributed to Fonteyn LTD, because it is not due to its fault and is not for its account pursuant to the law, legal act, or generally accepted views.

Article 8. Liability

8.1 The execution of the agreement is entirely at the risk and responsibility of the customer. Fonteyn LTD is only liable for direct damage caused by willful recklessness or intent on the part of Fonteyn LTD. Furthermore, Fonteyn LTD is only responsible for that which is stipulated in the purchase invoice.

8.2 Fonteyn LTD shall never be liable for indirect damages, including in any event consequential damages, lost profits, lost savings, business interruption, or intangible damages suffered by the customer. Furthermore, Fonteyn LTD accepts liability only for the product itself; in other words: waiting times, downtime costs, accrued time off, extra labour costs, and any consequential damages shall be borne by the customer.

8.3 Fonteyn LTD is not liable for structural defects in the customer's home or buildings, storm damage and the consequences thereof, and damage caused to underground cables and/or pipes, which were unknown at the start of the work.

8.4 Fonteyn LTD is not liable for damage of any nature whatsoever resulting from De Fonteyn BV having relied on incorrect and/or incomplete data provided by the customer.

8.5 In the event that Fonteyn LTD should be liable for any damage, the liability of Fonteyn LTD is limited to a maximum of once the amount stated on the invoice or to the amount covered by the insurance taken out by Fonteyn LTD, increased by the deductible borne by Fonteyn LTD in accordance with the insurance.

8.6 Any claim for liability against Fonteyn LTD shall lapse within one year after the customer became aware of the damaging event or could reasonably have been aware of it.

8.7 Fonteyn LTD accepts no responsibility whatsoever regarding sockets to which products supplied by Fonteyn LTD are connected. The cable leading to the product, the cable thickness, the connections, and the grounding must be installed and checked by a certified installer.

Article 9. Complaints and warranty

9.1 The customer is obliged to inspect the products upon delivery to determine whether they conform to the agreement. If this is not the case, Fonteyn LTD must be notified thereof in writing and with reasons as soon as possible and in any event within seven working days after delivery, or at least after such a finding could reasonably have been discovered.

9.2 If it has been demonstrated that the products do not conform to the agreement, Fonteyn LTD has the option to replace the products in question with new products upon their return, or to refund the invoice value thereof. Should a refund be issued, depreciation based on a lifespan of 5 years will be taken into account.

9.3 In any event, defects occurring in or being wholly or partially the result of: failure by the customer (or party(ies) engaged by the customer) to observe operating, maintenance, and installation instructions, or use other than the intended normal use, are excluded from the warranty.

9.4 All warranties apply only to the first owner who made the purchase from Fonteyn LTD

9.5 For products sold by Fonteyn LTD as second-hand items, a 3-month warranty applies, provided they are sold in working order.

9.6 Fonteyn LTD provides a 1-year warranty on garden furniture and outdoor kitchens.

9.7 Fonteyn accepts no responsibility for: installation and assembly by persons hired by the client themselves, even if these persons or companies have been recommended by Fonteyn.

Explanation of Spas and Saunas

9.8 Fonteyn LTD provides a warranty of 2 years on the technical components (pump, control unit, etc.) and 5 years on the spa shell from the date of installation. Jets, cushions, and the cover are excluded from the warranty. There is a warranty of 6 months on the TV. If the spa shell tears or delaminates, the following warranty conditions apply:

1st year: 100% Guarantee

2nd year: 80% Guarantee

3rd year: 60% Guarantee

4th year: 40% Guarantee

5th year: 20% Guarantee

The warranty becomes void if one or more parts have broken down due to a malfunction or defect caused beyond the control of Fonteyn LTD. Additionally, the spa or sauna must be unobstructed on all sides so that the technician can easily access it from all sides. If this is not the case, the customer is responsible for ensuring this. When exchanging a spa, the spa must be positioned so that it can be collected by two installers using their standard spa tools. Any crane costs are the responsibility of the customer.

9.9 Neither the supplier nor Fonteyn LTD is responsible for incorrect installation, incorrect use, or modifications carried out by the customer.

9.10 Modifications are understood to mean any action that may lead to a defect in the spa or sauna or a part thereof, or that renders the control system unsafe. Damage caused by an incorrect support surface is not covered by the warranty. The customer of the spa or sauna is responsible at all times for the proper condition of the support surface. Misuse is understood to mean any use of the spa that does not conform to the manual or use of the spa or sauna for purposes for which it was not designed.

9.11 For spas and saunas sold by Fonteyn LTD as second-hand items, a 3-month warranty applies, provided they were sold in working condition.

9.12 For non-acrylic spas, including inflatable spas, Fonteyn LTD provides a warranty of 2 years on the electrical components, and 3 months on all other parts of the spa.

Explanation Swimming Pools

9.13 Fonteyn LTD provides a 5-year warranty on the watertightness of polyester swimming pools and a 10-year warranty on the watertightness of polypropylene swimming pools.

9.14 Fonteyn LTD provides no warranty against discoloration and osmosis in swimming pools. Furthermore, Fonteyn LTD is never liable for installation errors and the consequences thereof.

Explanation of Garden Houses and Verandas

9.15 Fonteyn LTD provides a one-year warranty on the watertightness of roofing and sealing work.

9.16 Fonteyn LTD grants a 10-year warranty against wood rot for high-pressure impregnated garden houses; this warranty decreases by 10% per year. This applies provided the garden house is mounted on composite foundation beams.

9.17 When Fonteyn LTD performs installation, the customer must observe the following:

The site must be easily accessible and free of obstacles.

The subsoil must be fully hardened and must be flat and level.

Repaving of removed paving for foundation blocks (piers) is at the customer's expense.

Connection and materials to the sewer are at your own expense.

The customer is responsible for obtaining the necessary permits.

Additional work that proves necessary will be charged to the client.

If the substrate does not meet the requirements set by Fonteyn LTD in the agreement, costs will be charged for this. These costs depend on the amount of the installation and the timeframe for which the installers are scheduled. The minimum costs applicable in this regard are £250 including VAT and may be higher.

Article 10. Right of withdrawal

10.1 The consumer may dissolve an online agreement during a cooling-off period of 14 days without giving reasons. The cooling-off period begins on the day after the consumer or a third party designated in advance by the consumer has received the product.

10.2 During the cooling-off period, the consumer shall handle the product and the packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product.

10.3 The right of withdrawal is excluded for:

products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person (including custom-made garden houses, custom-made verandas and specially ordered products);

products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery (including spas, swimming pools and saunas that have been filled or put into use);

products which, after delivery, are by their nature irrevocably mixed with other items.

10.4 To exercise the right of withdrawal, the consumer notifies Fonteyn LTD within the cooling-off period using the model withdrawal form or in another unambiguous manner. See the Returns and Refunds Policy for the full procedure.

10.5 The consumer returns the product within 14 days after notification, or hands it over to (an authorized representative of) Fonteyn LTD. The direct costs of returning the product shall be borne by the consumer, unless otherwise agreed.

10.6 Fonteyn LTD shall reimburse all payments made by the consumer, including any delivery costs for the returned product, without delay but within 14 days after the day on which the consumer notifies it of the withdrawal. Unless De Fonteyn BV offers to collect the product itself, it may withhold reimbursement until it has received the product or until the consumer demonstrates that he has returned the product, whichever occurs first.

Article 11. Privacy

11.1 Fonteyn LTD will carefully and confidentially store the data and information provided by the customer to Fonteyn LTD. Fonteyn LTD may use this data to contact you again in the future. For the full processing of personal data, your rights, and retention periods, we refer to the Privacy Policy on this website.

11.2 If, pursuant to a statutory provision or a court ruling, Fonteyn LTD is required to disclose confidential information to third parties, and Fonteyn LTD cannot invoke a statutory right of exemption or a right of exemption recognized or permitted by the competent court in this regard, then Fonteyn LTD shall not be liable for damages or compensation. Furthermore, the Customer shall not be entitled to dissolve the Agreement on the basis of any damage resulting therefrom.

Article 12. Applicable law and competent court

12.1 All rights, obligations, offers, orders, and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions themselves, shall be governed exclusively by British law. All disputes between the parties shall be submitted exclusively to the competent court in the United Kingdom.