Terms and Conditions of Sale

1.1These Terms and Conditions of Sale (Terms) apply to products purchased from Spas Online Australia, operated by Modern Life & Leisure Pty Ltd (we, us, our).

1.2By submitting an order through our website, the customer (you) agrees to these Terms, subject to applicable law.

1.3These Terms cover spas, hot tubs, swim spas, heat pumps, covers, accessories, parts and related goods and services.

1.4Nothing in these Terms excludes, restricts or modifies rights or remedies that cannot lawfully be excluded, including rights under the Australian Consumer Law (ACL).

2.1We take reasonable care to describe products accurately, including dimensions, colours, components, power requirements and included accessories.

2.2Photographs and screen colours may differ from actual finishes. Minor manufacturing variations may occur, provided the product remains consistent with its description and applicable consumer guarantees.

2.3Dimensions and weights should be treated as approximate unless expressly stated otherwise. You should confirm critical access dimensions with us before purchasing.

2.4We will not supply a materially different product or substitute a significant component without your agreement. If a proposed material change is unacceptable, you may cancel the affected order for a refund.

2.5Products must comply with applicable consumer guarantees, including matching their description and being fit for any disclosed purpose we accept.

3.1All website prices are in Australian dollars and include GST unless clearly stated otherwise.

3.2Full payment (100%) is required at checkout. An order is not accepted merely because payment has been authorised or an automated receipt has been issued.

3.3Optional upgrades and additional services are charged only where disclosed and agreed before purchase or separately authorised afterwards.

3.4If we discover an obvious pricing error before acceptance, we may decline the order and refund any payment. After acceptance, we will not increase the agreed price without your consent; if we cannot honour it, you may elect a full refund.

3.5Any permitted payment surcharge will be disclosed before checkout and comply with applicable law.

4.1Submitting an order constitutes an offer to purchase. An automated acknowledgement confirms receipt only. We accept an order when we issue an express acceptance or dispatch confirmation.

4.2Products may be held at our supplier's warehouse, ordered from a manufacturer or moved between states before delivery.

4.3Stock and delivery estimates are provided in good faith. We will notify you promptly if we cannot supply the ordered product within the agreed or legally required period.

4.4We will not substitute materially different goods without your approval. Where an accepted order cannot be fulfilled, we will offer an agreed alternative or an appropriate refund, without limiting statutory remedies.

5.1Once an order is accepted, we do not offer cancellation, exchange or refund solely because you change your mind.

5.2This policy applies to stocked products, supplier-held stock and special orders. It does not restrict any right to cancel, reject goods or obtain a remedy under the ACL or other applicable law.

5.3Before acceptance, you may withdraw your offer to purchase and request a refund of any payment already made.

5.4We may agree to a voluntary cancellation or order change after acceptance. Any conditions or reasonable charges for that voluntary arrangement must be agreed in writing and must not amount to an unlawful penalty.

5.5If we fail to supply within an agreed essential timeframe or otherwise breach the contract, your legal remedies remain available.

6.1Standard professional delivery is included in the advertised price of eligible spas at eligible addresses in Melbourne, Brisbane and the Gold Coast, as indicated during the ordering process.

6.2Standard delivery includes transport, unloading with normal professional spa-handling equipment, and ground-level movement and placement onto a prepared, suitable foundation where safe and practical access exists.

6.3Standard delivery excludes cranes, lifting over structures, difficult stairs or slopes, removal of obstacles, demolition, earthworks, site construction, electrical and plumbing connections, filling, commissioning, removal of an existing spa and other non-standard services.

6.4Delivery outside advertised service areas or requiring non-standard equipment or labour may involve extra charges, disclosed and agreed before order acceptance or separately authorised before additional work.

6.5If we cannot complete ground-level placement safely, we will discuss practical alternatives with you. No unapproved extra service will be undertaken at your expense.

7.1You must provide accurate information about access and any known hazards, including gate widths, slopes, steps, retaining walls, overhead obstacles, soft ground, underground services and restricted vehicle access.

7.2Before delivery, you must ensure a clear route, safe and stable ground, suitable access for equipment and a prepared foundation capable of supporting the filled spa and occupants.

7.3You are responsible for obtaining required property permissions and approvals, and keeping children, pets and other people away from delivery operations.

7.4We may request photographs, measurements or videos. A remote access assessment depends on the accuracy of the information provided and does not guarantee that delivery will be safe on arrival.

7.5Our delivery team may stop or decline an unsafe operation. We remain responsible for exercising due care and skill and for loss or damage for which we are legally liable.

8.1An authorised adult must be available at the agreed delivery time unless we approve another arrangement.

8.2If delivery fails due to inaccurate access information, an unprepared site, absence of an authorised person or another circumstance reasonably within your control, reasonable additional costs directly caused by that failure may be payable.

8.3We will explain and substantiate any proposed redelivery, storage, transport or handling charge and obtain agreement where required.

8.4If you ask to postpone an agreed delivery, we will endeavour to accommodate the request. Any additional storage or handling charges must be reasonable and disclosed before they are incurred.

8.5No additional charge applies where the failed delivery or delay results from our breach or failure to exercise due care and skill.

9.1Delivery dates are estimates unless expressly agreed as firm deadlines.

9.2We will take reasonable steps to meet delivery estimates and advise you of material delays caused by stock availability, freight disruptions, weather or other relevant events.

9.3Events beyond our reasonable control do not remove rights you have under applicable law. If an essential delivery deadline is missed, or supply is otherwise unreasonably delayed, you may have a right to cancel and obtain a refund.

10.1Ownership passes when full payment has been received and the goods have been supplied under the contract.

10.2Where we arrange delivery, risk of accidental loss or damage remains with us until the goods are delivered into your possession or that of a person you authorise to receive them.

10.3Risk does not transfer merely because goods have been dispatched or handed to our freight contractor.

10.4Where you independently engage a carrier not offered by us, applicable statutory rules determine when risk passes.

10.5Passing of risk or title does not remove consumer guarantees or remedies.

11.1Please inspect your goods as soon as reasonably practicable after delivery and promptly report visible damage, missing items or discrepancies, ideally with photographs.

11.2You may record visible damage on delivery documentation. Signing a delivery acknowledgement confirms receipt only and does not waive rights regarding concealed defects or damage.

11.3Failure to report damage immediately does not automatically invalidate a claim. We will assess reported issues and provide the remedy required by law or an applicable express warranty.

11.4Do not operate a spa that appears electrically unsafe or has suffered damage affecting safe operation.

12.1Unless expressly included in the order, delivery does not include electrical connection, plumbing, filling, water treatment, installation or commissioning.

12.2You must engage appropriately licensed tradespeople for regulated electrical and plumbing work and ensure the work complies with applicable standards and local laws.

12.3Electrical requirements vary by model and may include dedicated circuits, isolators, particular current ratings or more than one supply. Confirm requirements before site preparation.

12.4You are responsible for an appropriate foundation, drainage, required permits, fencing and safety barriers unless we expressly agree otherwise.

12.5We are not responsible for damage solely caused by defective independent installation outside our control, but remain responsible for defects, inaccurate information and obligations imposed by law.

13.1Only items expressly included in the product description or order confirmation are included in the purchase.

13.2Heat pumps, steps, cover lifters, water-care products and other accessories may require separate installation or delivery.

13.3Heat pump installation and commissioning are excluded unless expressly agreed. Performance depends on ambient conditions, equipment configuration, water temperature and operating practices.

13.4Where we represent an accessory as compatible with a spa or suitable for a disclosed purpose, applicable consumer guarantees continue to apply.

13.5Damage caused by incorrect independent installation may be excluded from a voluntary warranty to the extent permitted by law, but unrelated statutory rights remain.

14.1Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

14.2You are entitled to a replacement or refund for a major failure of goods and compensation for any other reasonably foreseeable loss or damage.

14.3You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

14.4Goods must satisfy applicable guarantees, including acceptable quality, fitness for disclosed purpose, correspondence with description and applicable express warranties.

14.5Services must meet applicable guarantees, including due care and skill.

14.6For a major failure, you may have the right to reject goods and choose the remedy provided by law. For a non-major failure, we may provide an appropriate remedy within a reasonable time; further remedies may apply if we do not.

14.7We will not require you to deal exclusively with the manufacturer or overseas supplier when we have responsibilities as the seller.

14.8ACL rights exist independently of any voluntary warranty and may continue beyond its stated period.

15.1Products may include additional express warranties for specified components, such as shells, structure, plumbing, pumps, heaters, controls and covers.

15.2The applicable warranty document sets out the warranty provider, commencement date, periods, coverage, exclusions, claim procedure and any transfer conditions.

15.3An express warranty is in addition to statutory consumer guarantees and does not replace or restrict them.

15.4We may reasonably request proof of purchase, serial number, photographs, fault codes or diagnostic information.

15.5Where inspection is necessary, we will explain the process and any lawful potential charges before proceeding.

15.6Improper installation, misuse, accidental damage or unauthorised modification may affect voluntary warranty coverage only to the extent the issue was caused by that circumstance and the exclusion is lawful.

15.7We will not impose inspection, call-out, labour or freight charges where inconsistent with statutory rights.

16.1Where the applicable Spas Online Australia voluntary warranty expressly permits transfer, its remaining coverage may pass to a subsequent owner subject to that warranty's disclosed conditions.

16.2Transfer does not restart or extend the original warranty period unless the warranty expressly provides otherwise.

16.3We may reasonably request the spa serial number, original purchase information and new owner details to administer a permitted transfer.

16.4Nothing in this clause limits statutory rights that may independently apply to a subsequent owner.

17.1Returns, repairs, replacements and refunds are handled under the ACL and any additional applicable express warranty.

17.2We do not accept returns solely for change of mind after acceptance unless we agree otherwise in writing.

17.3Where you are entitled to reject goods under the ACL, we will provide the remedy required by law.

17.4Where rejected goods are too large, heavy or difficult to return without significant cost, we will arrange collection or otherwise fulfil our statutory obligations.

17.5You will not be required to bear return transport or other costs where the ACL requires us to bear them.

17.6Refunds will ordinarily be made using the original payment method unless another lawful arrangement is agreed.

17.7Approved refunds will be processed within a reasonable time. The time taken for funds to appear may depend on your bank or payment provider.

17.8Where repair is the appropriate remedy, we will arrange it within a reasonable time. If the repair cannot be completed within a reasonable time, further statutory remedies may apply.

17.9Nothing in this section requires you to accept store credit instead of a refund to which you are legally entitled.

18.1To request warranty assistance, contact us using the contact details on our website and provide the product model, serial number, purchase details and description of the fault.

18.2Where reasonably necessary, we may request photographs, videos or basic non-hazardous troubleshooting information.

18.3You must not undertake electrical repairs or remove safety covers unless appropriately qualified.

18.4Please provide reasonable access for inspection, repair or collection at an agreed time.

18.5Where a defect is covered by statutory consumer guarantees, we will provide the applicable remedy and meet costs required by law, regardless of any different conditions in a voluntary warranty.

18.6If an inspection establishes that a reported issue is unrelated to a covered defect and a lawful fee may apply, we will explain the basis of that fee.

19.1Use the spa only in accordance with the supplied instructions, safety warnings and applicable laws.

19.2Maintain appropriate water chemistry, filtration, cleaning and water levels as reasonably specified by the manufacturer.

19.3Arrange appropriate supervision of children and comply with pool or spa fencing, barrier and safety requirements in your jurisdiction.

19.4Ensure electrical systems are installed and maintained by qualified persons and do not operate damaged or unsafe equipment.

19.5Failure to follow reasonable maintenance instructions may affect a voluntary warranty only where relevant to the resulting failure. Statutory consumer guarantees remain applicable.

20.1We may use suitably qualified and insured independent contractors or logistics providers to fulfil delivery, handling or related services.

20.2Where a contractor performs services on our behalf, we remain responsible to you for obligations that applicable law places on us.

20.3Additional work separately arranged by you directly with a third party may be governed by a separate contract with that provider.

20.4We do not exclude liability for acts or omissions of contractors where doing so would be inconsistent with applicable law.

21.1We will exercise due care and skill when delivering or handling products and will be responsible for loss or damage to the extent required by law.

21.2You must disclose known access hazards and provide a reasonably safe route and site.

21.3We are not responsible for loss caused solely by your negligence, inaccurate information or an independent third party outside our control, except to the extent that we are otherwise legally responsible.

21.4We do not exclude liability for personal injury, property damage, reasonably foreseeable consequential loss or other matters where such exclusion would be unlawful.

21.5Any limitation of liability in these Terms operates only to the extent permitted by law and must not be read as excluding statutory consumer guarantees.

22.1We collect and use information reasonably necessary to process payments, confirm orders, arrange delivery, administer warranties and provide customer service.

22.2We may share relevant delivery and contact details with suppliers, payment providers, freight operators and service contractors as necessary to fulfil the order.

22.3Personal information will be handled in accordance with our Privacy Policy and applicable privacy laws.

22.4Marketing communications will be provided only where permitted by law, and any required unsubscribe mechanism will be available.

23.1If a concern arises, please contact Spas Online Australia through the contact details published on www.spasonline.au, including your order number and a description of the issue.

23.2We will acknowledge and assess complaints within a reasonable time and seek to resolve them fairly and in accordance with applicable law.

23.3We may request supporting documents or photographs where reasonably necessary.

23.4If a dispute remains unresolved, you may seek assistance from the relevant state or territory consumer protection agency, tribunal or court.

23.5Nothing in these Terms prevents you from exercising statutory rights or accessing a competent regulator, tribunal or court.

24.1These Terms are governed by the laws of Victoria, Australia, subject to any mandatory consumer protections and jurisdictional rights applying elsewhere in Australia.

24.2If a provision is invalid or unenforceable, the remaining provisions continue to operate to the extent permitted by law.

24.3We may update these Terms for future orders. The version applicable to an accepted order is the version in force when that order was accepted, unless a lawful variation is agreed.

24.4Failure or delay in exercising a contractual right does not necessarily constitute a waiver of that right.

24.5These Terms, the accepted order, applicable product specifications and any expressly agreed written variations form the sale agreement, subject to applicable law.

24.6Where there is an inconsistency between these Terms and a specific written term expressly agreed for an order, the specific agreed term prevails to the extent lawful.