GENERAL TERMS OF SAL
E
These sale conditions cancel and replace all previous one
s
Art. 1 General provision
s
1.1. The current general terms, except for any exceptions specifically agreed in writing, enforce all current an
d
future sales contracts between parties,
even in the absence of an express reference.
Art. 2
Formation and purpose of the contract
2.1. Jacuzzi Europe S.p.A. is committed to each order only after its acceptance in writing. Acceptance of the order
by Jacuzzi Europe S.p.A. can also lead to its execution.
Art. 3 Deliver
y
3.1. Except for other written agreement, delivery is “Ex-works” Valvasone (Pn) – Italy. If the purchaser (retailer)
does not provide for collection of goods, Jacuzzi Europe S.p.A. will have the right to entrust a reliable carrier with
transport. In the event of non-collection the purchaser (retailer) will be bound to pay stock expenses
.
3.2. The delivery terms agreed are indicative. In the event of delays, the purchaser (retailer), therefore, will not
be able to forward any claim for compensation for damages
.
Art. 4 Packagin
g
4.1. The packaging of appliances conforms to international transport norms carried out by land using motor
vehicles. Non-standard packaging will entail an extra charge and will be agreed at the time of order.
Art. 5 Cancellation of order
s
5.1. The purchaser’s (retailer’s) order constitutes a
firm purchasing proposal. No order can be cancelled without
the written consent of Jacuzzi Europe S.p.A. In the event of cancellation of orders, Jacuzzi Europe S.p.A. als
o
reserves the right to demand compensation for damages.
Art. 6
Design – Technical data
6.1. Jacuzzi Europe S.p.A. reserves the right to stop, without warning, the manufacture of any model and to alter
models during production, with no obligation to carry out the same modifications to previously sold products
.
6.2. The data and features in the Jacuzzi Europe S.p.A. technical and publicity documentation (catalogues,
handbooks, publicity brochures, illustrations, price lists) are subject to modifications and are not binding.
6.3 All costs and charges for the translation of the instructions manuals into the o
fficial language of the country o
f
use of the products, shall be borne by the purchaser (retailer), who shall be solely responsible for the conformit
y
of the translation with the original text provided by Jacuzzi Europe S.p.A.
.
6.4 The products supplied to the purchaser (retailer) are manufactured and marketed in accordance with the
regulations in force in the EU as stated in the product declarations. The purchaser (retailer) is the sole responsibl
e
of the compliance with all applicable laws, standards and codes of the products imported in the purchaser'
s
(retailer's) country
.
Art. 7 Price
s
7.1. Prices, excluding VAT, are those stated on the price lists in force at the time of ordering and refer to goods
with delivery “Ex- works” Valvasone (Pn) – Italy, unless otherwise agreed
.
7.2. Prices, quotations and discounts are subject to variation without the obligation of forewarning on the par
t
of Jacuzzi Europe S.p.A
.
7.3. All orders received after modification of price lists, as well as planned consignments after thirty days fro
m
noti
fication of the variation, are subject to the new prices.
Art. 8 Paymen
t
8.1. Payment of goods is considered validly made only when Jacuzzi Europe S.p.A. has been credited with th
e
relative amounts.
8.2. Any delay or irregularity in payment gives Jacuzzi Europe S.p.A. the right to suspend supplies or to annu
l
current contracts, even if they do not pertain to the payments in question, and also the right to compensation
for any damage (including that related to currency devaluation). Jacuzzi Europe S.p.A. has the right in each cas
e
– starting from the expiry date of payment, without the need of a default action – to legal interest, which wil
l
be increased by 5 (
five) points.
8.3. The purchaser (retailer) is bound to full payment also in the event of dispute or controversy. Compensatio
n
with possible credit claims from Jacuzzi Europe S.p.A. is not permitted without written authorization
.
8.4. In the event of non-payment, even if only partial, Jacuzzi Europe S.p.A. has the right – at its discretion – to
demand from the purchaser (retailer) payment of the full sum stated in the contract or to declare the contract
null and void, with the right to obtain the return of the delivered goods and to withhold, as compensation fo
r
damages, the amounts collected up to that moment, except for any other action for greater damage
.
Art. 9 Property reservation
9.1. In the event that full or part payment must be made after delivery, the delivered products remain th
e
property of Jacuzzi Europe S.p.A. until the moment of full payment of the price, according to the provisions o
f
art. 1523 of the Civil Code
.
9.2. As provided by the aforesaid property reservation, Jacuzzi Europe S.p.A. will have the right to proceed with
the collection of any unpaid goods; in which case all related costs will be at the expense of the purchaser (retailer)
and Jacuzzi Europe S.p.A. will be able to withhold any amounts already collected as compensation for damage. I
f
the purchaser (retailer) has resold the goods to third parties, the rights laid claim to by Jacuzzi Europe S.p.A., a
s
provided in the present clause, will refer to the price obtained from the sale of the same goods
.
Art. 10
Circumstances beyond control and excessive onerousness
10.1. Events constituting cases of exemption from responsibility are
fires, collapse, floods, non-delivery of
supplies, transport difficulties, strikes, closures or other events due to circumstances beyond control, whic
h
impede or considerably reduce production by Jacuzzi Europe S.p.A. or its suppliers, or seriously hinder transpor
t
of the sold goods. Annulment of the contract and also the provision of other solutions that are different from
the claim for compensation for damages, are only permitted for impediments that continue for at least 60 days.
10.2. If the fulfilment of obligations, before their execution, by Jacuzzi Europe S.p.A. is considered excessively
onerous, for any unexpected reason by a trader with normal experience in this sector – with regard to th
e
original agreement thus altering the ratio itself by 20% or more – Jacuzzi Europe S.p.A. will be able to request
a
review of contractual terms or, in the event of non-agreement, declare the contract null and void.
Art. 11 Claims
11.1. The purchaser (retailer) is bound to declare any damage to the product, or non-conformity in delivery
that could be discovered when in possession of the goods, in specific detail in writing otherwise the claim wil
l
be null and void. This must be within and no more than 8 days from the time the goods were made available
.
11.2. Any defects in conformity that are not identified following a check of the goods as in paragraph 11.1 must
be declared by the purchaser, or will be null and void, not later than the time provided by law. This starts from
the moment the goods themselves were made available to the purchaser
.
Art. 12 Warranty
12.1. In accordance with the contents of its Conventional Warranty Conditions, Jacuzzi Europe S.p.A. guarantees
,
all "Jacuzzi®" branded products or those marketed by Jacuzzi Europe S.p.A. through the network of Jacuzzi
®
branded distributors (hereafter the "Products") purchased, installed and used within the countries of th
e
European Union for domestic purposes, unrelated to the business/professional activity carried out by th
e
consumer, against conformity defects.
The Conventional Warranty applies only in the European Union country in which the purchase of the Products
by the retailer is made (hereinafter the "Country of Purchase"). Products installed in a country other than the
country of purchase are not covered by the Conventional Warranty.
For products purchased or used outside the European Union, the burden of the warranty and the consequent
interventions necessary to eliminate any lack of conformity of the equipment will be at the full and exclusiv
e
expense of the purchaser (retailer), that shall therefore set up its own technical assistance organisation, unles
s
otherwise agreed in writing with Jacuzzi Europe S.p.A
.
Moreover, the Conventional Warranty does not apply if the regulations of the country of purchase require th
e
Products also, to comply with different and/or more restrictive regulatory requirements than those prescribed
by EU regulations and can be applied only on condition that Jacuzzi Europe S.p.A. has an authorised technica
l
service centre in the "Country of purchase".
The warranty, which starts from the date of delivery of the product to the end user, is intended to be vali
d
only upon payment of the total price of the equipment, provided that the intervention is carried out by Jacuzz
i
Europe S.p.A. authorised technicians and is valid for a period of: a) twelve (12) months, for products exhibite
d
in commercial premises, trade fairs, showrooms or other commercial/promotional events, with the exceptio
n
of damage caused directly and/or indirectly to the product by its prolonged exposure or by its transportation/
disassembly/reassembly from one place of exhibition to another; b) twenty-four (24) months, for products othe
r
than those indicated in paragraph a). This warranty does not cover products the production of which has bee
n
discontinued for longer than twenty-four (24) months or which have become obsolete, meaning products from
Jacuzzi Europe S.p.A. purchased more than sixty (60) months after the date of manufacture. Jacuzzi Europe S.p.A
.
reserves the right to verify whether the product is covered by this warranty
.
12.2. The warranty is only valid if the installation and connection of the product to the electricity and wate
r
networks were performed by meticulously following the instructions and provisions contained in the Jacuzzi
Europe S.p.A. user instruction manual and/or other equivalent documentation which includes product installation
,
usage and maintenance instructions, (hereinafter, “Jacuzzi Documentation”). If the product is located in sites
which are di
fficult to reach on ordinary roads (e.g. in mountain areas or on minor islands), or if it was installed i
n
a site which is not easily accessible and/or was installed in combination with premium materials, all costs (labour
and material costs, including disassembly/reassembly, removal and relocation of the product and its components
)
shall be borne entirely by the purchaser (retailer), where responsible, or by the consumer; in no case shall Jacuzz
i
Europe S.p.A. be liable for such additional costs. The warranty expires if the product components or other part
s
are modi
fied with respect to their original supply conditions
.
12.3. The equipment shall not be replaced, either totally or partially (with the same product or with anothe
r
product having similar characteristics) if this is objectively impossible or excessively expensive compared t
o
the repair, or if it involves unreasonable expenses for Jacuzzi Europe S.p.A. compared to its repair, taking int
o
account the value that the product would have if it were free from manufacturing defect, the extent of the
defect, the possibility that the alternative remedy can be implemented without signi
ficant inconvenience to th
e
end user. If during the period of validity of this warranty, the authorised technical personnel of Jacuzzi Europe
S.p.A. ascertains a manufacturing defect of the product existing at the time of delivery and Jacuzzi Europe S.p.A
.
authorises return in advance, the latter will refund the buyer (retailer) the price of the product, as indicated i
n
the sales invoice issued to the latter by Jacuzzi Europe S.p.A
.
12.4. The warranty applies exclusively to non-conformities deriving from causes not attributable to Jacuzz
i
Europe S.p.A., such as, for example: incorrect periodic product maintenance and/or lack of diligence i
n
performing the same; improper use of the product or which does not conform to the instructions in the Jacuzzi
Documentation or which are in violation of the technical and/or safety measures required in the country of use
,
the laws, regulations and customs applicable therein; wrong and/or incorrect connection and/or setting of th
e
product parameters; use of non-original spare parts; transport damages not reported within the legal terms or
caused by transporters not authorised by Jacuzzi Europe S.p.A.; inefficiencies or anomalies of electrical or wate
r
systems; malfunctioning due to interference, bad or no reception of radio-frequency signals; malfunctioning of th
e
product or parts of it caused by the use of di
fferent temperatures or pressures from those detailed in the Jacuzzi
Documentation; anomalies of any kind not attributable to product manufacturing defects
.
12.5. During the period of validity of this warranty, the network of Jacuzzi Europe S.p.A. Service Centres is
authorised by the purchaser (retailer) to provide the warranty to the end user, even if the request is receive
d
from the user directly or via an intermediary. It is however understood that the purchaser (retailer) is directly
responsible towards the end user for ascertained lack of product conformity, as required by law. The warranty i
s
void if the end user or a delegate thereof does not allow the authorised Jacuzzi Europe S.p.A. technical personnel
to perform any reasonable conformity and/or functional veri
fication of the product, or if the products replace
d
under warranty are not returned to Jacuzzi Europe S.p.A.
.
12.6. The following are also not covered by the warranty: damages due to non-use of the product; loss of
pro
fits and damages of any kind, indirect and consequential; damages caused by the use of non-original Jacuzzi
Europe S.p.A. accessories; consumables and parts subject to normal wear and usage due to the use or non-us
e
of the product; damages caused by exceptional atmospheric phenomena or, nonetheless, not due to the norma
l
product functioning; damages caused by water type or impurities in the water or from use of unsuitable and/o
r
non-compliant with the requirements of the Jacuzzi Documentation
.
12.7. Performance in accordance with the obligations under this warranty does not extend the original warranty
period. In any case, this is without prejudice to the mandatory legal rights of the end user (consumer). This
warranty cannot be suspended or prolonged as a result of non-use of the product. Jacuzzi Europe S.p.A. decline
s
all liability for any damage that may be caused, directly or indirectly, to people, properties and animals, due t
o
the failure to comply with all the instructions given in the Jacuzzi Documentation and if the regulations of th
e
country of purchase require that the Products must comply with di
fferent and/or more restrictive regulatory
requirements than those prescribed by the EU regulations as per point 12.1
.
12.8. Under penalty of forfeiture of this warranty, the buyer (reseller) is not allowed to store the products fo
r
more than twenty-four (24) months from the date of delivery of the product to the latter. Jacuzzi Europe S.p.A.
reserves the right to exercise the right of recourse against the purchaser (retailer) for any services due and mad
e
under warranty to the end user on such equipment, with full charge of any and all charges relating thereto.
Art. 13 Return of good
s
13.1. The return of any materials must be previously authorized by Jacuzzi Europe S.p.A. in writing. Only products
with their original packaging can be returned which have not yet been used, and whose model is still bein
g
produced and that were delivered not more than 12 months ago
.
13.2. Products, which are not in the catalogue, that have been made according to speci
fications from th
e
purchaser (retailer) will not be returned
.
13.3. The cost of returning goods, to be borne by the purchaser (retailer) who will be charged for re-storage
,
will be a sum not exceeding 25% of the value of the returned goods
.
Art. 14
Ethical Code – Model 231
14.1 In application of the provisions contained in Legislative Decree 231/2001 regarding the administrative liability
Jacuzzi has adopted the Organization, Management and Control Model (hereinafter, "Model 231"). The Mode
l
231 intends to formalize the principles, rules and procedures applied by Jacuzzi Europe S.p.A., in order to prevent
illegal conduct from Directors, employees and third parties in the performance of their respective activities
.
The general part of Model 231 and the Jacuzzi Ethics Code can be consulted on the website https://www.jacuzzi
.
com/it-it/. Considering the above, the purchaser (retailer) accepts to ensure that its directors, employees and /
or consultants do not commit any of the o
ffenses provided in Legislative Decree 231/2001 and to respect th
e
provisions contained in the Code of Ethics and in the 231 Model. The purchaser (retailer) expressly acknowledges
that the non-compliance or incorrect compliance with the obligations provided for by him under this provision
,
constitutes serious and inexcusable non-ful
filment, with the consequence that, upon the occurrence of this
hypothesis, Jacuzzi Europe S.p.A. will have the right to terminate the contractual relationship due to the fact
and fault of the purchaser (retailer). Furthermore, the purchaser (retailer)
agrees to promptly inform Jacuzzi
in writing, to the attention of the Supervisory Board (odv@jacuzzi.eu), of any violation of Legislative Decre
e
231/2001, in the context the execution of the negotiation relationship, which may, even if only potentially, imply
the involvement of Jacuzzi Europe S.p.A..
Art. 15 Interpretation – Modifications
15.1. Any reference to Jacuzzi Europe S.p.A. price lists, general terms or other materials refers to the documents
in force at the time of the same reference, unless otherwise speci
fied.
15.2. Except for cases provided for under the current general terms, any modi
fication carried out by parties t
o
the contracts to which the current general terms apply must be in writing, or will be null and void. The exceptio
n
to one or more provisions of the current general terms must not be interpreted extensively, or by analogy, an
d
does not mean the general terms, as a whole, will cease to apply
.
Art. 16 Controversie
s
16.1. For any controversy related, or connected, to the contracts to which the current terms are applied th
e
Court of Pordenone has exclusive jurisdiction, also in the event of payment being agreed by means of bills of
exchange
.
The data and characteristics indicated are not binding for Jacuzzi Europe Spa, who has the right to modify them without prior notice
.
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JACUZZI® SAUNAS OUTDOOR PRICE LIST · SAUNE DA ESTERNO LISTINO PREZZI · PREVIEW / ANTEPRIMA 16.06.2025
