Terms & Conditions
Before using our Website (https://www.designerhomespas.com), please read these Terms of Service carefully. These Terms apply to You, all users, including, but not limited to, browsers, visitors, vendors, customers, merchants, and content contributors (“You”). By using our Website or purchasing from us, You agree to be bound by the Terms of Service, including additional terms, conditions, and policies referenced or linked. Furthermore, You understand and agree that by using the site, You accept these Terms of Service.
We reserve the right to modify these Terms by posting updates or changes on our website. It is your responsibility to check for updates periodically. Your continued use of the website after any changes are posted constitutes acceptance of those changes.
We reserve the right to refuse service to You for any reason at any time.
Our store is hosted by Shopify Inc., which provides us with the e-commerce platform to sell our products and services to you.
YOUR CAPACITY AND RESTRICTED USES OF OUR WEBSITE
You represent and warrant that You are at least the age of majority in your state or province of residence or have the consent of a parent or legal guardian to visit this Website. You may not use our products for any illegal or unauthorized purpose, nor may You violate any applicable laws in Your jurisdiction, including, but not limited, to copyright laws. The transmission of any malicious code or viruses is strictly prohibited. Breach or violation of any of these Terms will result in the immediate termination of Your access to our Services.
YOUR DATA AND PRIVACY
You understand and agree that by using our Website that Your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to adapt to technical requirements. Credit card information is always encrypted during transmission over networks. Unauthorized reproduction, duplication, copying, selling, reselling, or exploitation of any portion of our Service, products, or website is prohibited without express written permission.
INCOMPLETENESS OF INFORMATION ON OUR WEBSITE, SUBJECT TO CHANGES.
We are not responsible for any inaccuracies, incompleteness, or outdated information on this Website. The material provided is for general information only and should not be relied upon without consulting more accurate, complete, or timely sources. Any reliance on this material is at Your own risk. We reserve the right to modify Website content at any time without any obligation to update or notify users. Monitoring changes to our Website is Your responsibility.
MODIFICATIONS TO PRODUCTS, SERVICES, AND PRICES
We reserve the right to modify or discontinue products, services, and prices without prior notice. We are not liable for any modification, price change, suspension, or discontinuance of our products or services.
PRODUCT AVAILABILITY, DESCRIPTIONS, AND RETURNS
Some products or services may be available exclusively online with limited quantities, subject to our Return Policy. We reserve the right to limit sales of our products or services and quantities to any person or jurisdiction on a case-by-case basis. All product descriptions and pricing are subject to change without notice, at our sole discretion. We do not warrant that our products, services, or any related content will meet your expectations or be error-free.
DELIVERY AND ACCEPTANCE OF PRODUCTS PURCHASED OFF THE WEBSITE
Products purchased off the Website shall be delivered within a reasonable time after the receipt of Your purchase order, subject to availability of the product purchased. We shall not be liable for any delays, loss, or damage of any product purchased off the Website in transit to You. If for any reason You fail to accept delivery of any of the purchased product on the date fixed pursuant to our notice that the product(s) have been delivered, delivery is presumed completed and the sale is complete as of the date of our notice. Title and risk of loss pass to You upon delivery of the purchased product(s) to You.
YOUR DUTY TO INSPECT PURCHASED GOODS
Within five (5) days of delivery of any purchased product off the Website, You shall inspect the purchased product ("Inspection Period"). You will be deemed to have accepted the Goods unless You notify us in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by us (“Nonconforming Goods Notice”) "Nonconforming Goods" means only the following: (i) product shipped is different than identified in Your purchase order; or (ii) product's label or packaging incorrectly identifies its contents. Failure to provide the Nonconforming Goods Notice within the Inspection Period will be deemed acceptance of the purchased product by You.
If You timely notifies us of any Nonconforming Goods, we shall, in our sole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by You in connection therewith. You shall ship, at Your expense and risk of loss, the Nonconforming Goods to us facility located at our address below. If we exercise our option to replace Nonconforming Goods, we shall, after receiving Your shipment of Nonconforming Goods, ship to You, at Your expense and risk of loss, the replaced Goods to You.
PAYMENT AND ACCOUNT INFORMATION
You must pay the full purchase price of any product before we will ship You any product. No sale, therefore, is complete before You pay the full price of any product. We reserve the right to refuse or cancel any order at our sole discretion. We may limit or cancel quantities per person, household, or order, including those placed under the same customer account, credit card, or shipping address. We may attempt to notify you if an order is changed or canceled. You agree to provide current, complete, and accurate billing and account information and to promptly update such information. Please review our Returns Policy for more details.
THIRD-PARTY TOOLS AND LINKS
We may provide access to third-party tools and links to third-party websites without endorsement, control, or input. We are not responsible for third-party materials, websites, or the content, products, or services offered therein. We are not liable for any harm or damages related to your use of third-party resources. Carefully review third-party policies and practices before engaging in any transactions. Direct any concerns to the appropriate third-party.
USER SUBMISSIONS AND COMMENTS
When submitting specific materials, ideas, or comments at our request or on your own, you grant us permission to freely use, edit, copy, publish, distribute, and translate your comments in any medium. We are not obliged to keep comments confidential, compensate for them, or respond. We may remove content we find objectionable or in violation of these Terms of Service. You are responsible for the content and accuracy of your comments and must not violate any third-party rights or include harmful materials.
PERSONAL INFORMATION HANDLING
Our Privacy Policy governs the handling of personal information submitted through our store. To view our Privacy Policy, please visit the corresponding page on our website.
CORRECTION OF ERRORS AND INACCURACIES
We reserve the right to correct errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping, and availability without prior notice. We have no obligation to update or clarify information, except as required by law.
DISCLAIMERS AND LIMITATION OF LIABILITY
WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS PURCHASED OFF OUR WEBSITE, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
We shall not be liable for any damages resulting from the use of our service or products, including, but not limited to personal injury, property damage caused by improper installation, lost profits, loss of business, inconvenience, emotional distress, or any other consequential, special, indirect, or punitive damages, even if advised of their possibility.
You agree that our liability related to the purchase of a product is limited to the amount invoiced for the applicable product, and we are not responsible for any amount of damages above this threshold.
INDEMNIFICATION
You agree to indemnify and hold harmless Designer Hot Tubs LLC and its affiliates, partners, and employees from any claims, including attorney fees, arising from your breach of these Terms of Service or violation of any law or third-party rights.
GOVERNING LAW
These Terms and any separate agreements will be governed by and construed under the laws of the State of Florida.
CHANGES TO TERMS OF SERVICE
We may update or modify these Terms at our discretion. You should review them regularly. Continued use of our website or services after changes are posted signifies acceptance of the updated terms.