The following terms apply to agreements with Elsy Spa, a brand of Svenska Badtunnor AB, company registration number 556986-2740, VAT number SE556986274001, hereinafter referred to as “Elsy Spa” or “we”. The terms apply to the purchase and delivery of goods to customers in Sweden and to customers in the countries we deliver to under clause 9.
Elsy Spa is based in Gävle. Visiting address: Lötängsgatan 18, 803 01 Gävle, Sweden. Postal address: Lunda byväg 4, 817 93 Hamrångefjärden, Sweden. E-mail: info@elsyspas.com. Phone: +46 26 103028.
Elsy Spa sells stainless steel hot tubs in its physical store in accordance with the Swedish Consumer Sales Act (2022:260), or the Swedish Sale of Goods Act when selling to businesses. The terms below also apply to in-store purchases except where exceptions are stated.
Elsy Spa also sells stainless steel hot tubs through the online shop at elsyspas.com in accordance with the Swedish Act (2005:59) on Distance Contracts and Off-Premises Contracts, and the Swedish Sale of Goods Act when selling to businesses. We sell to private individuals and to businesses.
Elsy Spa also produces made-to-measure hot tubs in various materials and with bespoke design. What constitutes a made-to-measure tub is set out in clause 7.
The terms that apply to your purchase are those published at the time you placed your order. We may update the terms for future purchases, see clause 19.
Prices are stated in Swedish kronor (SEK) or euro (EUR) and include VAT.
For sales to consumers in another EU country, the VAT rate of that country applies. The applicable rate and the VAT amount are shown at checkout and on the order confirmation/receipt.
For sales to businesses in another EU country that provide a valid VAT number, the reverse charge mechanism applies and Swedish VAT is not charged.
We reserve the right to adjust prices in the event of increases in material costs, VAT changes, currency fluctuations, typographical errors, pricing errors and delivery delays, to the extent permitted by applicable consumer legislation. If a stated price is manifestly incorrect, we are entitled to cancel the purchase and refund what you have paid.
Placing an order via elsyspas.com creates an obligation to pay. As a customer you accept this obligation by accepting our terms of purchase and delivery at checkout, or by approving the quotation or the order.
The following payment methods are available:
Payment in two instalments
A deposit of 30 % of the purchase price is invoiced together with the order confirmation. The remaining 70 % is invoiced once the tub is completed and must be paid before the tub leaves our premises.
The deposit is refunded in full if you exercise your right of withdrawal under clause 12 or cancel the purchase due to delay under clause 8.
Payment by invoice
When ordering in our store or online shop you may pay by invoice or in instalments via Wasa Kredit. Wasa Kredit and Elsy Spa carry out a credit assessment, which in some cases involves a credit check. You will then receive a copy.
In the event of non-payment, a reminder fee of SEK 60 and default interest under the Swedish Interest Act apply, that is the prevailing reference rate plus eight percentage points. If payment is still not made, the claim may be passed to a debt collection agency, and further collection costs may arise.
Your order constitutes an offer to us. A contract is formed when we confirm the order in writing by means of an order confirmation.
The order confirmation contains the specification of the tub, the price including VAT and the VAT rate applied, the estimated delivery time, the payment plan, the delivery terms and a statement of whether the tub is a made-to-measure tub under clause 7.
Please check the order confirmation when you receive it. Any errors must be reported to us without delay.
Before production has started you may amend or cancel your order, and we will charge the costs we have already incurred for it.
If production of a made-to-measure tub has already begun, cancellation is possible against compensation for work carried out and materials purchased. We itemise these costs.
This clause does not affect your right of withdrawal under clause 12 where such a right exists.
A made-to-measure tub means a tub manufactured according to your specifications or clearly personalised. With us, this means a tub where at least one of the following applies:
A tub you have configured by choosing among the sizes, seating options, accessories and colours included in our standard range in the configurator is not a made-to-measure tub, even though it is built only after your order.
If your tub is a made-to-measure tub, this is stated in the product description, at checkout and in the order confirmation, and is confirmed by you separately before you complete the order.
The right of withdrawal does not apply to made-to-measure tubs, see clause 12.4. Your statutory rights in respect of defects under clause 13 and the guarantee under clause 14 apply in full.
The estimated delivery time is 7–8 weeks from the approved order confirmation and is stated in the order confirmation. If delivery is delayed we will inform you as soon as we become aware of it.
If the tub has not been delivered within the stated time, you are entitled to set a reasonable additional period. If delivery does not take place within that additional period, you are entitled to cancel the purchase and receive a refund of everything you have paid, including any deposit.
Your order may need to be split across more than one delivery, meaning goods arrive on different dates. This will be stated on the delivery note and you will receive a consignment number for each shipment.
Delivery to a collection point
Smaller parcels are sent to a collection point, where you will need to show identification when collecting. For purchases of accessories or spare parts, shipping costs apply and are stated at the time of ordering.
Home delivery
All our larger deliveries within Sweden are made by Schenker or DHL. The goods are delivered to your property boundary. For the purchase of a complete tub, freight is included. Deliveries take place on weekdays between 07:00 and 17:00. You will need to show identification on delivery.
Unloading at the property boundary requires assistance; otherwise crane transport must be ordered, which is not included in free freight.
On receipt of the goods you must check them for transport damage. See clause 11.
Goods are left at a collection point or terminal in the following cases:
If goods are stored for more than 5 days at a collection point or freight terminal, the carrier charges terminal storage fees, which will be passed on to you.
Deliveries to businesses
If you have placed an order as a business, the goods are delivered to the company’s delivery address or to a collection point depending on the size of the consignment. Deliveries take place on weekdays between 07:00 and 17:00.
We deliver to Sweden, Norway, Denmark, Finland, Poland, Spain, France, Germany, the Netherlands, Portugal and Italy. Shipping costs and estimated delivery times per country are shown at checkout before you complete your order.
Norway is outside the EU. For deliveries to Norway the sale is made as an export without Swedish VAT. Norwegian VAT and any customs duties apply on import and are set out in the terms stated at checkout.
If your delivery country is not listed at checkout, please contact us at info@elsyspas.com and we will provide a quotation for freight and delivery time.
You may order for delivery to an address in any of the countries we deliver to regardless of where in the EU you are resident, on the same terms as a customer resident in the country of delivery.
The estimated cost of return shipping in the event of withdrawal, per destination, is set out in clause 12.7.
We reserve the right to charge you the cost of goods that are not collected from a collection point or freight terminal and are returned to us. The cost covers return freight and packaging material. The amount corresponds to our actual cost and is itemised for you. This also applies where you are not present at a notified delivery.
On receipt of goods you must inspect them before the driver leaves the site. Any visible damage must be photographed and noted in the transport documentation together with the driver or the collection point, who signs the note. This applies to private individuals as well as businesses. Then contact our customer service with the documentation and a description.
The documentation is a precondition for us to obtain compensation from the carrier. Without it, establishing when the damage occurred becomes more difficult, which may affect the assessment of whether the defect existed at the time of delivery.
Report the damage to us within five (5) days of receipt.
For purchases made as a business, transport damage that has not been documented and reported as set out above will not be compensated.
12.1 Who has a right of withdrawal
If you are a consumer and have entered into a contract with us at a distance – for example via elsyspas.com, by telephone or by e-mail – you have the right to withdraw from the contract within 14 days without giving any reason. The right of withdrawal does not apply to purchases made in our store in Gävle, nor to purchases made in the capacity of a business.
12.2 Withdrawal period
The withdrawal period expires 14 days from the day on which you, or a third party designated by you other than the carrier, acquire physical possession of the goods. If your order has been split across several deliveries, the period runs from the day on which you acquire physical possession of the last item.
12.3 How to exercise the right of withdrawal
Send a clear and unequivocal statement of your decision to info@elsyspas.com. You may use our model withdrawal form, available here: Withdrawal form (PDF). It is sufficient that you send your statement before the withdrawal period expires.
12.4 Exception – made-to-measure and bespoke tubs
The right of withdrawal does not apply to tubs manufactured according to your specifications or clearly personalised. What constitutes such a tub is set out in clause 7.
The right of withdrawal does apply to tubs you have configured by choosing among the sizes, seating options, accessories and colours included in our standard range in the configurator, even though the tub is built only after your order.
The exception concerns the right of withdrawal only. Your statutory rights in respect of defects under clause 13 and your guarantee under clause 14 are unaffected.
12.5 Effects of withdrawal
If you withdraw from the contract we will reimburse all payments received from you, including delivery costs. Supplementary costs arising from your choice of a delivery method other than the least expensive standard delivery we offer are not reimbursed.
Reimbursement is made without undue delay and in any event no later than 14 days from the day on which we are informed of your decision. We will use the same means of payment as you used for the purchase, unless expressly agreed otherwise. The reimbursement will not cost you anything.
We may withhold reimbursement until we have received the tub back from you, or until you have supplied evidence of having sent it back, whichever is the earlier.
12.6 Returning the tub
You must send the tub back to us, or hand it in at our store in Gävle, without undue delay and in any event no later than 14 days from the day on which you communicated your decision to us. The deadline is met if you send the tub back before the fourteen-day period has expired.
12.7 Cost of return shipping
You bear the direct cost of returning the tub. A hot tub cannot be sent as an ordinary postal parcel and the return requires a carrier with suitable equipment. Estimated return cost:
The cost depends on the destination, the size and weight of the tub and the conditions at the collection site. Contact us before booking the return and we will help you obtain a quotation from our carrier. You may also arrange the return yourself with a carrier of your choice.
12.8 Diminished value
You may examine the tub to the extent necessary to establish its nature, characteristics and functioning. You are liable for any diminished value resulting from handling beyond that. The following goes beyond what is necessary to examine the tub and may result in a deduction from the reimbursement:
The deduction corresponds to the actual diminished value. We document the condition of the tub before delivery and on receipt of the return.
As a consumer you have the right to complain of defects in the goods for three years from the date you received them. If you complain within two months of discovering the defect, your complaint is always made in time. During the first two years after delivery, a defect is presumed to have existed at the time of delivery unless we show otherwise.
If you buy as a consumer in another country within the EU or the EEA, at least the period that is mandatory in your home country applies. In some countries this is longer than three years.
Complaints may be made at our store in Gävle or by contacting our customer service. Together we will agree the best solution: this may mean returning an item or component for replacement, or us coming to you to remedy the defect.
It is important that you do not dismantle the product or handle it in any way other than as described in the manuals and instructions for use before contacting customer service. Doing so may affect the guarantee.
Where a complaint is justified, we bear the necessary costs of transport and of remedying the defect. Products returned cash on delivery are not accepted by Elsy Spa.
Please contact our customer service first: e-mail info@elsyspas.com, phone +46 26 103028. Parcels should be sent to Elsy Spa, Lötängsgatan 18, 803 01 Gävle, Sweden.
The guarantee is a voluntary undertaking by us and applies in addition to your statutory rights. Your statutory rights in respect of defects under clause 13 apply regardless of the guarantee periods below and are not limited by them.
Guarantee periods: shell 5 years, leakage* 10 years, components** 1 year, gaskets and seals 1 year.
* The guarantee covers welded seams and penetrations in the stainless steel construction of the tub. If leakage occurs as a result of a material or production defect, we remedy the fault by repair or replacement.
** Components covered are lighting, any UV-C unit and lamps, the cover, the filter and PVC fittings.
The guarantee does not cover damage arising from incorrect installation or connection, external influence, accidents or transport damage, incorrect use of chemicals such as salt water and chlorine damage, inadequate maintenance or frost damage. See also clause 15.
Elsy Spa is not liable for indirect damage, loss, loss of profit or other financial loss. Elsy Spa is not liable where the product is used contrary to the instructions for use, manuals and care instructions, or where it is used outside the intended and normal use of the product.
Consumer purchases
We are not liable for damage in the following cases:
Delivery
Elsy Spa bears the risk for the product during transport. Risk passes to you when you take possession of the tub at the property boundary.
Alterations and installation
We supply a standard product with the options you have chosen, or a made-to-measure tub according to your specifications. In the event of alterations or interventions in the product, we are no longer liable for its function or appearance, nor for costs of restoration or additional adaptation. Costs expected to be borne by Elsy Spa must be approved by us in writing in advance.
Elsy Spa owns all intellectual property rights in our products and in the product descriptions, including drawings. These are protected by applicable copyright law. Reproduction or imitation is permitted only with the written consent of Elsy Spa.
Elsy Spa is a registered trade mark. Use of the trade mark is permitted only with the written consent of the rights holder.
Swedish law applies to the contract. If you are a consumer resident in another country within the EU or the EEA, you are not deprived of the protection afforded by mandatory provisions of that country.
If we cannot reach agreement, we apply alternative dispute resolution (ADR). The matter is then handled by a neutral dispute resolution body rather than by a court.
To initiate ADR proceedings in Sweden, contact the Swedish National Board for Consumer Disputes, ARN, Box 174, 101 23 Stockholm, www.arn.se. Elsy Spa complies with ARN decisions.
If you are a consumer resident in another country within the EU or the EEA, you can obtain assistance from the European Consumer Centre (ECC) in your country. Contact details are available at ec.europa.eu/consumers/ecc.
Where no forum is chosen under the above, disputes shall be determined by Gävle District Court. As a consumer you always retain the right to bring proceedings before a court in your country of residence.
In the event of war, terrorism, sabotage, fire, flood, major accidents or other similar events that we could not reasonably have foreseen, Elsy Spa is released from its liability and obligations under this agreement.
The terms in force at the time of your order apply to that purchase. We may update the terms for future purchases, for example following changes in legislation. We therefore recommend that you read the terms before each new purchase.
Our terms comprise the following documents: terms of purchase and delivery, guarantee terms, right of withdrawal and withdrawal form, website terms, data protection terms and cookie information.
We reserve the right to correct typographical errors on this website and for products to sell out. We do not guarantee that images reproduce the exact appearance of the products, as some colour variation may occur depending on screen, photographic quality and resolution.
Safety information, warnings and instructions for use are provided in the language or languages required in the country to which the tub is delivered.
