TERMS AND CONDITION OF SALE FROM WESTERN TUB AND POOL and Affiliated business units
The following terms and conditions govern the sale of products by Western tub and pool.inc By submitting your order to shop.westerntubandpool.com or its Brick and morter stores you have indicated your acceptance to be bound by these terms and conditions of sale.At Western tub and pool.inc. sole discretion, these terms and conditions may be changed without prior notice at any time before Western tub and pool.inc. accepts your order.
Payment is due by Credit card, PayPal, Interac or Bank Wire Transfer. Once an order is placed by credit card, the credit card account will be verified at the time the order is placed. Should a credit card be declined, so will be the order. No C.O.D. orders are accepted unless pre-authorized by western tub and pool.inc . Orders are processed ONLY upon receipt of payment.
Disclaimer of Warranty
When products are shipped to you, their warranties determined on a per product bases are in effect and are included with the shipment (other than those warranties implied by and incapable of exclusion, restriction or modification under applicable law).
Payment Shipping and Handling Charges and Taxes
The buyer is responsible for any taxes or tariffs associated with your purchase. Please be advised that all freight shipments are curb side delivery only.
Prices shown on the 'Western tub and pool.inc site do not include shipping and handling or insurance, unless otherwise stated. Neither do the prices include applicable taxes, unless otherwise stated. All prices are in Canadian dollars. The price charged for an order will be the price in effect at the time the order is placed. Nonetheless, if the price drops before shipment and you notify Western tub and pool.inc . of the lower price before the product is shipped, in which case (and in that case only) the price charged will be the lower price.
Shipping & Risks during Shipping
When products are shipped to you by common carrier, Western tub and pool.inc . liability to you for breakage and/or non-delivery of the products by the common carrier to you will be restricted by the limits of liability provided by the common carrier's terms and conditions of carriage.
Lost & Damaged Products
All lost or Damage products must be reported to Western tub and pool.inc . by writing or e-mail only. Verbal reports are not accepted, and this report must be made within 14 days of receiving a product.
Please submit claims to: email@example.com
Order Cancellations & Changes
For the benefit of our customers, we attempt to process orders as rapidly as possible. As such, orders may be shipped from our warehouse for fulfillment very soon after they are placed. Due to the increased difficulty of locating orders once they have begun the fulfillment process, we will not be able to make any order changes or cancellations once they have reached this stage of processing. In turn, there will be no refunds issued however, we will provide a store credit in the amount of your full order.
Please review orders very carefully prior to submission and, in the event that a cancellation is necessary, please contact us as soon as possible. This will increase the likelihood that we are able to cancel your order before it goes to the warehouse for fulfillment. Unfortunately, no guarantees can be made.
In the event that there is a product that is not available due to manufacturer discontinuation, Western Tub and Pool will contact you directly with any options of alternative products that may be available as a replacement for the discontinued item. If you choose to proceed with the recommended product, there may be a difference in pricing. If the pricing is higher than what was already paid, you will be responsible to pay the difference of the amount of the replacement product. If the pricing is lower that what was already paid, you will be issued store credit for the difference. If you choose to not accept the recommended product, we will issue a refund for the full amount of your order within 30 days of the original order date. After 30 days, we may still issue a refund less a cancellation processing fee.
Western tub and pool.inc warrants product(s) to be in good working condition and free from defects in material and workmanship for a period of Fifteen (15) days for RETAIL packaged products from the original invoice date unless otherwise restricted below or by the manufacturer's own warranty policy.
Western tub and pool.inc. liability is limited to repairing or replacing, at its option, any defective product, freight prepaid to Western tub and pool.inc., according to the Merchandise Return Procedure set forth in Section Merchandise Return Procedure. Buyer shall bear all responsibility for shipping charges and risk of loss or damage during transit to Western tub and pool.inc. Products which have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by Western tub and pool.inc, are not covered by this warranty.
Any alterations, addition, improvements or attachments to the product(s) not authorized in writing by Western tub and pool.inc . shall be deemed to be a waiver of this warranty by Buyer and shall render this warranty null and void. Western tub and pool.inc. shall return repaired or replaced product(s) to Buyer, at its expense via regular ground service within Canada. Shipping charges by all other methods and to all other destinations shall be borne by Buyer.
THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. WESTERN TUB AND POOL INC . MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT SHALL WESTERN TUB AND POOL INC . BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL WESTERN TUB AND POOL INC. 'S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S).
Product Appearance and Imagery Online
Manufacturers may, from time to time, alter the appearance, packaging or part(s) included with a particular product supplied without prior written notice to .Western tub and pool.inc . Western tub and pool.inc . is not responsible for differences in product in these such events.
Limitation of Liability
The maximum liability to you for products purchased from Western tub and pool.inc. shall be limited to the purchase price you have paid for the products. Also, Western tub and pool.inc . will not be liable for any property damage, personal injury, loss of use, interruption of business, loss of profits, incurred labour charges, incurred water or material charges or other consequential, indirect, incidental, punitive or special damages. This applies to all situations however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law.
THE RETURN POLICY IS NOT A WARRANTY. Western tub and pool.inc reserves the right to change or to cancel it at any time before accepting your order. For all refunds, you need to precisely follow the return procedures to ensure the return of your refund. You need to also allow a reasonable period of time for the product to arrive at our warehouse and pass an inspection process. When your return is accepted, we will process your credit as soon as possible.
These terms and conditions shall be interpreted under and governed by the federal laws of Canada, without giving effect to conflicts of law rules. Headings used in these Terms and Conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of, these Terms and Conditions.
Any additional or altered terms attached or adhering to an order shall be null and void and without effect, unless agreed to in writing by Western tub and pool.inc.. These terms and conditions may not be modified, altered or amended without the written agreement of Western tub and pool.inc..
If any provision of these terms and conditions is held to be illegal, invalid or un-enforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired. The terms and conditions stated herein are declared to be severable.
You may not assign this agreement without Western tub and pool.inc. prior written consent. Western tub and pool.inc. is the intended beneficiaries of this agreement. If there is any inconsistency between this agreement and other agreement included with or relating to products purchased from .Western tub and pool.inc, this agreement shall take precedence.
Linking and Framing the Web Site
Links to the Web Site without the express permission of Western tub and pool.inc . are strictly prohibited.Western tub and pool.inc . reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.
Merchandise Return Procedure
You may return most new, unopened items within 30 days of delivery for Store Credit. We will pay the return shipping costs if the return is a result of our error (you received an incorrect item etc.).
You should expect to receive your credit within two weeks of us receiving your package, however, in many cases you will receive a credit sooner.
Start your return process by e-mailing western tub and pool - we will require the original order number, the product you wish to return, the reason you wish to return the product, and a photo of the product to prove its condition and quality for our records and insurance purposes.
- Products in Poor Condition are Subject to a Re-boxing fee of 15%
- All Custom Liners are final sale
- All Custom Orders are final sale including but not limited to covers and hot tubs
- All Replacement Parts are final sale