S p a   &   G a r d e n    L u x e

Terms & Conditions
Last Updated: May 2026

These Terms & Conditions govern the sale and supply of products by Birchwells Ltd ("Birchwells", "we", "our", or "us") through www.birchwells.com.
By placing an order with Birchwells, you agree to these Terms & Conditions.

1. Products

We specialise in premium wood-fired hot tubs and related accessories. As our products are handcrafted from natural timber, minor variations in colour, grain, texture and appearance may occur and shall not be considered defects.

2. Orders and Payment

All orders are subject to acceptance and availability.
We reserve the right to refuse or cancel any order prior to dispatch for any reason, including pricing errors, stock shortages or suspected fraudulent activity.

Full payment must be received before goods are dispatched unless otherwise agreed in writing.

3. Delivery

Delivery dates are estimates only and are not guaranteed.

Birchwells shall not be liable for delays caused by circumstances beyond our reasonable control, including but not limited to transportation delays, weather conditions, supplier issues, strikes or force majeure events.
Risk in the goods passes to the customer upon delivery.

4. Customer Installation Responsibilities

Unless installation services have been expressly purchased from Birchwells, the customer is solely responsible for the assembly, installation, positioning and commissioning of the hot tub.

The customer must follow all installation instructions provided by Birchwells.
Birchwells accepts no liability for any defects, leaks, damage or performance issues arising from incorrect assembly, installation, modification, relocation or misuse of the product.

The customer agrees to maintain the product in accordance with the Birchwells Care & Maintenance Guide, as amended from time to time.

Failure to follow the Care & Maintenance Guide may affect warranty eligibility and may result in deterioration, leaks or damage for which Birchwells accepts no liability.

5. Leak-Free Construction Disclaimer
Birchwells hot tubs are designed and manufactured to be leak-free when assembled and installed correctly in accordance with our instructions.
We shall not be liable for any leaks, water loss or associated damage resulting from:

• Incorrect assembly;
• Improper installation;
• Uneven foundations or support surfaces;
• Failure to follow installation instructions;
• Alterations made by the customer or third parties.

The burden of proof that the product has been assembled and installed correctly rests with the customer.

6. Warranty

6.1 Warranty Coverage

Birchwells warrants that its hot tubs are free from manufacturing defects in materials and workmanship for a period of 24 months from the date of delivery.

Our warranty is limited to repair, replacement or refund at our sole discretion.

6.2 Timber Maintenance Requirement

Wood is a natural material and requires regular maintenance. Compliance with the Birchwells Care & Maintenance Guide forms part of the warranty requirements.
As a condition of any warranty claim relating to the timber structure, the customer must provide evidence that the hot tub has been maintained in accordance with Birchwells maintenance guidelines, including regular oil treatment using suitable wood oils.

Acceptable evidence may include:

• Maintenance records;
• Dated photographs;
• Purchase receipts for wood treatment products;
• Other documentation reasonably requested by Birchwells.

Failure to provide satisfactory evidence of proper maintenance will void any warranty claim relating to timber deterioration, cracking, splitting, warping, discolouration or similar issues.

6.3 Warranty Exclusions

The warranty does not cover:

• Normal wear and tear;
• Natural timber movement, colour changes or weathering;
• Cosmetic imperfections;
• Damage caused by improper maintenance;
• Damage resulting from failure to oil or protect timber surfaces;
• Incorrect assembly or installation;Damage caused by misuse, negligence or abuse;
• Damage caused by freezing conditions;
• Unauthorised repairs, modifications or alterations;
• Damage caused by unsuitable chemicals or cleaning products;
• Failure to follow the Birchwells Care & Maintenance Guide;
• Improper water treatment or sanitisation;
• Bacterial growth, algae, mould, mildew or biofilm;
• Improper storage of an empty hot tub.

7. Inspection and Claims

Any defects, shortages or damages must be reported within 7 days of delivery.

Warranty claims must be submitted in writing and include:

• Proof of purchase;
• Photographs or videos of the issue;
• Details of installation
• Maintenance records where applicable.

Birchwells reserves the right to inspect the product before approving any claim.

8. Limitation of Liability

To the fullest extent permitted by law, Birchwells shall not be liable for:

• Loss of use;
• Loss of enjoyment;
• Loss of profits;
• Water loss;
• Property damage arising from incorrect installation;
• Indirect, incidental or consequential damages.

Our total liability shall never exceed the purchase price paid for the product.

Nothing in these Terms excludes liability that cannot legally be excluded under the laws of England and Wales.

9. Returns and Cancellations

Consumers have statutory rights under the Consumer Contracts Regulations and Consumer Rights Act 2015.

Custom-built or made-to-order products may not be eligible for cancellation or return once production has commenced.

Any approved returns must be returned in unused condition and may be subject to collection and restocking charges.

10. Force Majeure

Birchwells shall not be liable for failure or delay in performing its obligations due to events beyond its reasonable control.

11. Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales.

Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

12. Contact

Birchwells Spas Ltd
Nicholas Birch
Website: www.birchwells.com
Email: hello@birchwells.com