|
|
Home > Terms & Conditions
| | |
|
Welcome
to SPAPARTSSHOP.COM
Entering the Site will constitute
your acceptance of these Terms and Conditions. If you do not agree to abide by
these terms, please do not enter the Site. If you visit or shop at
Spapartsshop.com, you accept these conditions. Please read them carefully.
1. Privacy. Your use of our Site constitutes your consent to
Spapartsshop.com’s privacy and security policy.
2. Electronic Communications. When you visit Spapartsshop.com or send
e-mails to us, you are communicating with us electronically. You consent to
receive communications from us electronically. We will communicate with you by
e-mail or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing.
3. Service Mark Notice. "Spapartsshop.com" and other related
marks are service marks of AEON Dynamics, LLC and are protected by law. They
may be used publicly only with permission from Spapartsshop.com ALL RIGHTS
RESERVED.
4. Copyright. You acknowledge that the Site contains information, data,
software, photographs, videos, graphs, typefaces, graphics, music, sounds, and
other material (collectively "Content") that are protected by
copyrights, trademarks, trade secrets, or other proprietary rights, and that
these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted as a
collective work under the U.S. copyright laws, and Spapartsshop.com and its
parent company own a copyright in the selection, arrangement, coordination, and
enhancement of such Content. You may not modify, remove, augment, delete, add
to, publish, transmit, participate in the transfer or sale of, create
derivative works from, or in any way exploit any of the Content, in whole or in
part. If no specific restrictions are displayed, you may make copies of select
portions of the Content, provided that the copies are made only for your
personal use and that you maintain any notices contained in the Content, such
as all trademark legends, copyright notices or other proprietary rights
notices. Except as provided in the preceding sentence or as permitted by the fair
use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107),
you may not upload, reproduce, post, or distribute in any way content protected
by copyright, or other proprietary right, without obtaining permission of the
owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use the Site or any information
displayed on the Site, through the use of framing or otherwise, except: (a) as
expressly permitted by these Terms and Conditions; or (b) with our prior
written permission or the prior written permission from such third party that
may own the trademark or copyright of information displayed on the Site.
5. Usage by children under 18. We cannot prohibit minors from visiting
the Site and we must rely on parents, guardians and those responsible for
supervising children under 18 to decide which materials are appropriate for
such children to view and/or purchase.
We require that all purchases be made either (i) by individuals 18 years of age
or older, or (ii) by minors with the permission of their parent or guardian for
such minors to purchase items on the Site and for the collection by us of
certain information in accordance with the terms of our privacy policy. EACH
TIME YOU PURCHASE A PRODUCT AT Spapartsshop.com, YOU ARE REPRESENTING TO
Spapartsshop.com THAT YOU ARE EITHER AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, OR
THAT YOU HAVE THE EXPRESS PERMISSION OF A PARENT OR GUARDIAN FOR YOU TO MAKE
PURCHASES AND FOR US TO COLLECT CERTAIN INFORMATION ABOUT YOU IN ACCORDANCE
WITH THE TERMS OF OUR PRIVACY POLICY.
6. Links to Other Sites and/or Materials. Links may appear on the
Site that may be used to link to other Site(s). These links are provided solely
as a courtesy to our Site visitors. Spapartsshop.com has no control over the
linked Sites or the materials, information, goods or services available or
contained on these linked Sites. Spapartsshop.com is not responsible for and does
not endorse or warrant in any way any materials, information, goods or services
available through such linked Sites or any privacy or other practices of such
Sites. If you decide to access any of the linked Sites, you do so entirely at
your own risk. Spapartsshop.com reserves the right to terminate any link at any
time.
7. Site access and License. Spapartsshop.com grants you a limited
license to access and make personal use of this site and not to download (other
than page caching) or modify it or any portion of it, except with express
written consent of Spapartsshop.com. This license does not include any
commercial or retail use of this site or its contents; any collection and use
of any product listings, descriptions, or prices; any derivative use of this
site or its contents; any copying or downloading of account information for the
benefit of another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This site or any portion of this site may not
be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent of
Spapartsshop.com. You may not frame or utilize framing techniques to enclose
any logo, service mark, trademark or other proprietary information (including
text, images, page layout, or form) of Spapartsshop.com and our affiliates
without express written consent. You may not use any Meta tags or any other
"hidden text" utilizing Spapartsshop.com's name or trademarks or service
marks without the express written consent of Spapartsshop.com. Any unauthorized
use terminates the permission or license granted by Spapartsshop.com. You are
granted a revocable, limited and nonexclusive right to create a hyperlink to
the home page of Spapartsshop.com as long as the link does not portray
Spapartsshop.com, its affiliates or their products or services in a misleading,
false, derogatory, or otherwise offensive matter. You may not use any
Spapartsshop.com logo or other proprietary graphic or trademark as part of the
link without express written permission.
8. Your Account. If you use this site, you are responsible for
maintaining the confidentiality of your password and account and for
restricting access to your computer. And, you agree to accept responsibility
for all activities that occur under your password or account. Spapartsshop.com
sells products for children, but it sells them to adults who can purchase with
a credit card. If you are under 18, you may use Spapartsshop.com only with
involvement of a parent or guardian. Spapartsshop.com and its affiliates
reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in their sole discretion.
9. Prohibited Actions. You agree not to interrupt, or attempt to interrupt,
the operation of Spapartsshop.com in any way. Unauthorized use or modification
of any information stored on Spapartsshop.com may result in criminal and/or
civil prosecution under Federal, State, local and International law. You may
not use Spapartsshop.com for anything other than a lawful and legitimate
purpose. You agree not to use Spapartsshop.com to carry out any unauthorized
alteration of any data or information on Spapartsshop.com or to conduct any
activity that infringes on the copyright, patent, trademark, service mark or
other rights of any person or entity. You shall not restrict or inhibit any
other user from using and enjoying any service conducted on Spapartsshop.com.
10. Comments, Reviews, Communications and other Content. Visitors may post
comments, reviews and other content; send cards and other communications; and
submit ideas, suggestions, questions, comments or other information, so long as
the content is not illegal, obscene, threatening, defamatory, infringing of
intellectual property right, invasive of privacy or otherwise injurious to
third parties or objectionable and does not consist of or contain political
campaigning, software viruses, commercial solicitation, mass mailings, chain
letters or any form of "spam." You may not use a false or spoofed
e-mail address, impersonate any entity or person or otherwise mislead as to the
origin of a card or other content. Spapartsshop.com reserves the right (but not
the obligation) to remove or edit such content, however, Spapartsshop.com does
not regularly review posted content.
If you do submit material or post content and unless we indicate otherwise, you
grant Spapartsshop.com and its affiliates a nonexclusive, perpetual,
royalty-free, irrevocable and fully sub licensable right to use, modify,
reproduce, publish, adapt, translate, create derivative works from, distribute,
and display such content throughout the world in any media. You grant
Spapartsshop.com and its affiliates and sublicense the right to use the name
that you submit in connection with such content, if they choose. You warrant
and represent that you own or otherwise control all of the rights to the
content that you post; that the content is accurate; that use of the content
you supply does not violate this policy and will not cause injury to any person
or entity; and that you will indemnify Spapartsshop.com or its affiliates for
all claims resulting from content you supply. Spapartsshop.com has the right
but not a obligation to monitor and edit or remove any activity or content.
Spapartsshop.com assumes no liability for and takes no responsibility for any
content posted by you or any third party.
11. Risk of Loss. All items purchased from Spapartsshop.com are made
pursuant to a shipment contract. This means that the risk of loss and title for
such items pass to you upon our delivery to the shipment carrier.
12. Descriptions of Products. Spapartsshop.com and its affiliates
attempt to be as accurate as possible to our customers. However,
Spapartsshop.com does not warrant that product descriptions or other content of
this site is current, accurate, complete, reliable or error-free. If a product
offered by Spapartsshop.com itself is not as described, your sole remedy is to
return it in unused condition.
13. Pricing. Unless posted differently, the Price displayed for products
at Spapartsshop.com represents the full retail price listed on the product
itself suggested by the manufacturer or supplier, or estimated in accordance
with industry practice. The Price is a comparative price estimate and may not
or may represent the prevailing price in every area on any particular day. For
certain items that are offered as a set, the List Price may represent
“open-stock” prices, which mean the aggregate of the manufacturers estimated or
suggested retail price for each of the items included in the set.
With respect to items sold by Spapartsshop.com, we cannot confirm the price of
an item until you order. Despite our best efforts, a small number of the items
in our catalog may be mispriced. If we discover a mispricing, we will do one of
the following:
a) If an item's correct price is lower than our stated price, we will charge
the lower amount and ship you the item.
b) If an item's correct price is higher than our stated price, we will, at our
discretion, either contact you for instructions before shipping or cancel your
order and notify you of such cancellation.
14. Modification of Terms and Conditions of Use. Spapartsshop.com
reserves the right to revise these Terms and Conditions of Use at any time by
updating this posting. Your continued use of the Site constitutes your
agreement to comply with such revisions, so you should visit this page from
time to time.
15. Email May Not Be Used to Provide Notice. Communications made through
the Site's email and messaging system shall in no way be deemed to constitute
legal notice to Spapartsshop.com or any of its officers, employees, agents or
representatives, such as where notice to Spapartsshop.com is required by
contract, or any federal, state or local law.
16. Disclaimer; Limitation of Damages. The Site is provided on an
"AS IS," "as available" basis. Neither Spapartsshop.com,
nor its affiliates, subsidiaries, parent company or designees, nor each of
their respective officers, directors, employees, agents, third-party content
providers, designers, contractors, distributors, merchants, sponsors, licensors
or the like (collectively, "Associates") warrant that use of the Site
will be uninterrupted or error-free. Neither Spapartsshop.com, nor its Associates
warrant the accuracy, integrity, or completeness of the Content provided on the
Site or the products or services offered for sale on the Site. Further, we make
no representation that Content provided on the Site is applicable or
appropriate for use in locations outside of the United States. Spapartsshop.com
specifically disclaims warranties of any kind, either expressed or implied,
including but not limited to warranties of title or implied warranties of
merchantability or fitness for a particular purpose. No oral advice or written
information given by Spapartsshop.com or its Associates shall create a
warranty. You expressly agree that the use of the Site is at your sole risk.
Under no circumstances shall Spapartsshop.com or its Associates be liable for
any direct, indirect, incidental, special, or consequential damages that result
from the use of or inability to use the Site, including but not limited to
reliance by a user on any information obtained at the Site, or that result from
mistakes, omissions, interruptions, deletion of files or e-mail, defects,
errors, viruses, delays in operation or transmission, or any failure of
performance, whether or not resulting from acts of God, communications failure,
theft, destruction or unauthorized access to Spapartsshop.com records, programs
or services. The foregoing limitation of liability shall apply whether in an
action of contract, negligence, or other tortuous action, even if an authorized
representative of Spapartsshop.com has been advised of or should have knowledge
of the possibility of such damages. You hereby acknowledge that this paragraph
shall apply to all content, merchandise and services available through the
Site. Because some states do not allow the exclusion or limitation of liability
for consequential or incidental damages, in such states liability is limited to
the fullest extent permitted by law.
Prices and availability of products on the Site are subject to change without
notice. Errors will be corrected when discovered, and we reserve the right to
revoke any stated offer and to correct any errors, inaccuracies, or omissions
(including after an order has been submitted).
Although we take steps to ensure the accuracy and completeness of product and
third-party services that are posted on the Site, please refer to the
manufacturer or Associates for details.
17. Applicable Laws; Venue. Spapartsshop.com operates the Site from its
office in Florida and makes no representations that materials in the Site are
appropriate or available for use in other locations. The display of the Site
alone does not subject Spapartsshop.com to any specific jurisdiction. Access to
the Site from any territory where the content is illegal is prohibited. By
choosing to access the Site from other locations, you are solely responsible
for compliance with any and all applicable laws, rules and regulations. You may
not use or export any of the Site materials in violation of U.S. export laws
and regulations. Any claim related to the use of the Site or to the Site
materials shall be governed by, construed and enforced in accordance with the
laws of the State of Florida as applied to agreements made and to be performed
entirely therein. Any action arising out of or related to the access, use,
content, or existence of this Site shall be filed only in the appropriate state
or federal court located within the State of Florida. The access, viewing or
use of this Site constitutes the user's express permission and consent to the
jurisdiction of the state and/or federal courts of the State of Florida for
purposes of such actions.
18. Disputes. Any dispute relating whatsoever pertaining to your visit
to Spapartsshop.com or to products you purchase through Spapartsshop.com shall
be submitted to confidential arbitration in Florida, except that, to the
extent you have in any manner violated or threatened to violate
Spapartsshop.com's intellectual property rights, Spapartsshop.com may seek
injunctive or other appropriate relief in any state or federal court in the
state of Florida, and you consent to exclusive jurisdiction and venue in such
courts. Arbitration under this agreement shall be conducted under the rules
then prevailing of the American Arbitration Association. The arbitrator's award
shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other
party subject to this Agreement, whether through class arbitration proceedings
or otherwise.
19. Bounce check fees. Each incident of a check "bouncing"
(i.e. for each stamp of NSF, Account Closed, Stop payment, etc) will incur a
$25 bounce check fee. In addition, the customer's name, address, telephone and
identifying information will be listed on an international credit card fraud
database available to all online merchants. In addition, the unresolved matter
will be reported to the local authorities, the F.B.I., the U.S. Secret Service
and Interpol. We will prosecute all incidents of fraud.
20. Chargeback’s. If a customer charges back a payment to their credit
card, a $75.00 administrative and research fee will be accessed. Even if the
chargeback is a mistake, the cost of handling the claim and merchant fees make
this necessary. This is in addition to any applicable fees and monies due.
Should this charge not be honored by the credit card company, it will be listed
with a credit reporting agency and listed on the customer's credit report. In
addition, chargeback’s will be reported to the local authorities, the F.B.I.,
the U.S. Secret Service and Interpol. We will prosecute all incidents of fraud.
In the event that a chargeback is placed on a purchase, we reserve the right to
report the incident for inclusion in a chargeback abuser database. The
information reported will include name, email address, order date, order
amount, IP address, full address, and phone number. Chargeback abusers wishing
to be removed from the database shall make the payment for the amount of the
chargeback (if goods shipped) + $75 for processing fees by Wire Transfer.
21. Our Address.
AEON DYNAMICS, LLC
dba. Spapartsshop.com
7491 N. Federal Hwy, Suite C5-277, Boca Raton, FL 33487
http://www.Spapartsshop.com
22. Intellectual Property Infringement. Spapartsshop.com relies upon a
network of independent Wholesalers and vendors who supply the goods advertised
on the site and drop ships them directly to our customers. Spapartsshop.com is
not liable for any infringement of copyrights, trademarks, trade dress or other
proprietary or intellectual property rights arising out of Content posted on or
transmitted through the Site, or items advertised on the Site, by its
Associates. If you believe that your rights under United States or
international copyright laws are being violated by any Content posted on or
transmitted through the Site, or items advertised on the Site, please contact
us promptly so that we may investigate the situation and, if appropriate, block
or remove the offending Content and/or advertisements. It is our policy to
disable access to infringing materials, and to terminate access of repeat
infringers to the Site. In order for us to investigate your claim of
infringement, you must provide us with the following information:
An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest:
* A description of the copyrighted work or other
intellectual property that you believe has been infringed;
* A description of where the material that you claim is
infringing is located or identified on the Site; Your name, address, telephone
number, and e-mail address;
* A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright or intellectual property
owner, its agent, or the law; and
* A statement by you, made under penalty of perjury, that
the information submitted to us is accurate and that you are the owner of the
copyright or intellectual property or authorized to act on behalf of the owner
of the copyright or intellectual property.
The above information should be provided to Spapartsshop.com's agent for notice
of claims of copyright or other intellectual property infringement, who can be
reached as follows:
Copyright Agent
c/o Spapartsshop.com
Spa Parts Shop 7491 N. Federal Hwy, Suite C5-277, Boca Raton, FL 33487
http://www.Spapartsshop.com
23. DISCLAIMER: Spapartsshop.com or its parent company and affiliates
have no affiliation with the respective product manufacturers whose products we
sell. Images of products and the manufacturers' trademarks have been used for
display purposes only. All company names and brands remain trademarks and/or
registered trademarks of the respective manufacturers.
| |
| | |
|
1-877-772-7801
M-F 9am-6pm est
|
|