Terms & Conditions (OLD)

Designer Home Spas operates this website, providing information, tools, and services to you, the user, subject to your acceptance of all terms, conditions, policies, and notices detailed here.

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. These Terms apply to all users, such as browsers, vendors, customers, merchants, and content contributors. Before using our website, please read these Terms of Service carefully. If you disagree with any part of these Terms, do not access or use our services. By accessing or using the site, you accept these Terms of Service.

New features or tools added to the current store will also be subject to the Terms of Service. You can find the most current version on this page. 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.
Our store is hosted by Shopify Inc., which provides us with the e-commerce platform to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By using this website and agreeing to these Terms and Conditions, you represent 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. 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.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You acknowledge 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. Headings in this agreement are included for convenience and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

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.

SECTION 4 - 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.

SECTION 5 - PRODUCT AVAILABILITY, DESCRIPTIONS, AND RETURNS

 Some products or services may be available exclusively online with limited quantities, subject to our Return Policy. We have made every effort to display product colors and images as accurately as possible, but we cannot guarantee that your device will display them accurately. 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.

SECTION 6 - BILLING, ACCOUNT INFORMATION, AND ORDER ACCEPTANCE

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.

SECTION 7 - 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.

SECTION 8 - 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.

SECTION 9 - 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.

SECTION 10 - 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.

SECTION 11 - RESTRICTED USES

You are prohibited from using our site or content for unlawful purposes, violating regulations or rights, harassing others, providing false information, transmitting harmful code, collecting personal information, spamming, engaging in immoral activities, or interfering with security features. Violation may result in termination of your access to our services.

SECTION 12 - DISCLAIMERS AND LIMITATION OF LIABILITY

We provide our service "as is" and "as available" without warranties, and do not guarantee uninterrupted, timely, secure, or error-free service. It is your responsibility to inspect the goods for shipping damage immediately upon delivery. In case of significant damage, you may refuse delivery and notify us for a replacement.

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.

In the event of damaged or defective goods, we will repair or replace the items at no additional charge. Please contact us to initiate your claim. We do not accept liability beyond the remedies set forth herein or for any claim by a third party.

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. Liability limitations may vary by jurisdiction.

SECTION 13 - 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.

SECTION 14 - SEVERABILITY

If any provision of these Terms of Service is found unlawful, void, or unenforceable, it will still be enforceable to the fullest extent allowed by law. This determination will not affect the validity and enforceability of the remaining provisions.

SECTION 15 - TERMINATION

Obligations and liabilities incurred before termination remain in effect. You may terminate these Terms at any time, and we may do the same if we believe you've violated any terms. Upon termination, you are responsible for outstanding payments and may be denied access to our services.

SECTION 16 - ENTIRE AGREEMENT

Our failure to enforce any rights or provisions in these Terms doesn't waive them. This agreement, along with any posted policies or rules, constitutes the entire understanding between us and supersedes any prior agreements, communications, or proposals. Ambiguities shall not be construed against the drafting party.

SECTION 17 - GOVERNING LAW

These Terms and any separate agreements will be governed by and construed under the laws of the United States.

SECTION 18 - 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.

SECTION 19 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at customersupport@designerhottubs.com.