Terms & Conditions

TERMS & CONDITIONS

WEBSITE TERMS AND CONDITIONS WELCOME TO www.arctichottubparts.com. WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.arctichottubparts.com. BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

The arctichottubparts.com website is operated by Blue Falls Manufacturing. Our contact details are found on the Contact Us page.

1. INTRODUCTION

1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register. 1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

2. ORDERING FROM US

2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered. 2.2 Our acceptance of an order takes place when we change the order status to pending. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order. 2.3 We may refuse to accept an order: 1. where goods are not available; 2. where we cannot obtain authorisation for your payment; 3. if there has been a pricing or product description error; or 4. if you do not meet any eligibility criteria set out in our terms and conditions.

3. PRICING

3.1 Our prices do not include sales tax unless otherwise stated. 3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website. 3.3 Our prices are reviewed periodically, and are subject to change without notice.

4. CANCELLATION AND RETURNS POLICY

4.1 If you wish to cancel your order: 1. you can notify us by email found on the Contact Us page before we have dispatched the goods to you; or 2. where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below. 4.2 You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you. 4.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required. 4.4 The rights to return the goods to us as referred to in clause 4.3 will not apply in the following circumstances: - 1. in the event that the product has been used. 2. to any products that we have made or customised specifically for you The provisions of this clause 4.4 do not affect your statutory rights.

5. LICENSE

5.1 You are permitted to print and download extracts from this Website for your own use on the following basis: 1. no documents or related graphics on this Website are modified in any way; 2. no graphics on this Website are used separately from accompanying text; 3. and any of our copyright and trade mark notices and this permission notice appear in all copies. 5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. 5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. 5.4 Any rights not expressly granted in these terms are reserved.

6. SERVICE ACCESS

6.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. 6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

7. VISITOR MATERIAL AND CONDUCT

7.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. 7.2 You are prohibited from posting or transmitting to or from this Website any material: 1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; 2. for which you have not obtained all necessary licences and/or approvals; 3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or 4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). 7.3 You may not misuse the Website (including, without limitation, by hacking). 7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.

8. LINKS TO AND FROM OTHER WEBSITES

8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. 8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions: 1. you do not remove, distort or otherwise alter the size or appearance of the www.arctichottubparts.com logo; 2. you do not create a frame or any other browser or border environment around this Website; 3. you do not in any way imply that we are endorsing any products or services other than our own; 4. you do not misrepresent your relationship with us nor present any other false information about us; 5. you do not otherwise use any www.arctichottubparts.com trade marks displayed on this Website without our express written permission; 6. you do not link from a website that is not owned by you; 7. and your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate. 8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.

9. REGISTRATION

9.1 To register with www.arctichottubparts.com you must be over eighteen years of age. 9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. 9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately. 9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

10. DISCLAIMER

10.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. 10.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

11. LIABILITY

11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. 11.2 Nothing in these terms and conditions shall exclude or limit our liability for 1. death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); 2. fraud; 3. misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. 11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. 11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

12. GOVERNING LAW AND JURISDICTION

12.1 These terms and conditions shall be governed by and construed in accordance with Canadian law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of Alberta, Canada.

13. MISCELLANEOUS

13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions 13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect. 13.3 Only the parties to these terms and conditions may seek to enforce them.

 

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Privacy Policy

Thank you for visiting our web site. This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

Note: the privacy practices set forth in this privacy policy are for this web site only. If you link to other web sites, please review the privacy policies posted at those sites.

Collection of Information

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill you specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Distribution of Information

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

Commitment to Data Security

Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

Privacy Contact Information

If you have any questions, concerns, or comments about our privacy policy you may contact us using the information on our Contact Us page. We reserve the right to make changes to this policy. Any changes to this policy will be posted.

Shipping, Returns and Refunds

We are happy to offer shipping to contiguous U.S., as well as Canada. All shipping costs will be prepaid by the buyer. The shipping quote will be offered at the checkout. We ship via UPS ground or DHL. We do not ship to P.O.Box addresses.

RETURN AND EXCHANGE POLICY

If you are not satisfied with our products, you can return them within 30 days of delivery packed in its original pack as delivered. You will receive the refund within 3-4 business days after the return of the item. To proceed with the return correctly, please, contact us via our contact information and explain the matters of your situation as well as to give us the tracking information on a returned package. If you have received a damaged item, we will gladly send you a replacement of the same item.

We recommend that you use your own trackable and insured shipping method. Please mail your return to
For orders in CANADA :
Arctic Spas
attn:Jason Tetz
4549 52 St, Thorsby, AB, Canada 
PO Box 560 T0C 2P0
Return Order # __________

For orders in USA:
Arctic Spas
attn: Bill Mangis
720 N Fancher Rd, Spokane Valley
WA, 99212, USA
Return Order #___________

Arctic Spas is not responsible for shipping fees or lost items. Please allow approximately 2-3 weeks for processing. You will receive a notification when you return has been processed.

OUT-OF STOCK ITEMS

Even though we are proud to announce that we keep a great variety of products in stock, occasionally certain items can be placed on back order. You will be notified via email if this occurs. If you do not wish to wait for item availability, you may cancel your order. If we do not hear from you in regards to your cancellation before the item is shipped out, we will assume you agreed to the shipment delay.

PAYMENT METHODS

We accept Credit Cards (Visa, MasterCard) and Paypal. All credit card orders are subject to final verification and approval. Each order will be security checked, verified and confirmed before shipment. It may take 1-5 working days, depending on the payment type and data provided. All the items will be shipped after the verification and approval process is complete. All orders will be shipped after the funds are received from buyer's financial institution. You will be notified via email in regards to your approval and shipment.

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