Conditions of Sale
These Conditions of Sale govern the sale of products by Aquatica to you. Please read these conditions carefully before placing an order with Aquatica. By placing an order with Aquatica, you signify your agreement to be bound by these conditions.
Online Shopping Terms and Conditions
All orders and purchases made through Aquatica websites are subject to the following:
- While Aquatica strives for accuracy in its advertising, occasional errors or inaccuracies may occur. Aquatica reserves the right to correct such errors or inaccuracies and to modify or update information on the website without prior notice. This includes adjustments to prices and item availability.
- All prices listed on this website are subject to confirmation. Aquatica will notify you by email or phone within 5 business days of making a purchase if the confirmed price of an item you have selected differs from the price listed on the website. If notified, the sale will be voided unless you confirm your intention to proceed with the purchase at the revised price.
- Availability information for products sold by Aquatica is provided on the website, including on each product's information page. If any products in your order are unavailable during processing, we will promptly notify you via email or telephone. You will not be charged for any unavailable products.
These terms and conditions govern all orders and purchases made through Aquatica's online platforms.
Purchase Restrictions
Restrictions on who may purchase, what may be purchased and where items may be shipped:
- You may only purchase or order items for lawful purposes.
- You must be 18 years of age or older to purchase from the website.
Trademarks
Aquatica owns all rights to the Aquatica trademarks. In addition, images, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Aquatica sites or services are trademarks or trade dress of Aquatica. Aquatica’s trademarks and trade dress may not be used in connection with any product or service that is not Aquatica’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Aquatica.
Privacy and Security
For our detailed Privacy Policy please visit our PRIVACY POLICY page on our website (‘Your Order’ section). Aquatica is strictly committed to our client privacy.
Privacy Statement
Any information that we gather on our websites is strictly for our internal use and will not be shared with any other entity, public or private, unless directly required by the applicable law. We will not sell or share any lists or other data that we may retain, and we do not purchase such information from any other sources.
Generic Statistical Data
All web servers track basic information about their visitors. This information includes, but is not limited to, IP addresses, browser details, timestamps, and referring pages. None of this information can personally identify specific visitors to this site. The information is tracked for routine administration and maintenance purposes.
Personal Information Collected
Except for credit card details, we retain certain information from your order form to facilitate order fulfilment and enhance customer service and warranty assistance. We do not retain any credit card information. If you wish to correct, update, or remove any information about you that may be in our records or exercise any other data subject rights described in our Privacy Policy, please send an e-mail to customerservice@aquaticagroup.com with the details of your request.
Tax and Customs
Legally applicable tax will be applied to all orders.
Shipping
The shipping dates supplied by Aquatica are estimates. In the event of loss or damage to products occurring during shipment by a carrier chosen by Aquatica, we assume responsibility. However, loss or damage occurring during shipment by a carrier chosen by you falls under your responsibility.
Return and Refund Policy
Returns Policy
For further detail, please visit our Returns and Cancellations Policy page on our website (‘Your Order’ section).
Please follow the instructions in our Returns and Cancellations Policy to request a return. All eligible returns require a written confirmation from our customer support team. The reason for the return must meet our eligibility criteria. Our returns procedure must be followed, and all shipments sent to Aquatica without our written confirmation will be refused and the associated charges will be the sole responsibility of the sender. All claims for eligible non-damaged Aquatica returns must be made within 30 calendar days of receipt of merchandise, and only apply to uninstalled, unsealed merchandise returned in the perfect (as-shipped) condition and in the original, undamaged packaging and shipping crate. Special order or customized items cannot be returned.
Refund Policy
For further detail, please visit our Returns and Cancellations Policy page on our website (‘Your Order’ section).
Please follow the instructions in our Returns and Cancellations Policy to request a cancellation. To provide any credit or replacement units we must first have a chance to receive and completely inspect your return. After the standard product is received, inspected, and verified to be in "like new" condition, a refund will be provided based on the product purchase price minus a restocking fee, any original shipping charges, and any return shipping charges. Payment for returns and/or refunds will be made to the original purchaser and credit card purchases will be refunded to the original credit card used at the time of purchase. Please note that the actual freight cost to and from your ship-to address will be deducted from your refund, this may differ from the shipping price charged (if any) at point of sale. Shipping charges on returns due to no fault of the customer shall be the sole responsibility of Aquatica.
Damaged & Defective Goods Policy
Upon accepting the delivery, it is your responsibility to promptly inspect the goods for any shipping damage. Customers who sign for the delivery without noting "damage" accept responsibility if the merchandise is found to be damaged. Should the product exhibit substantial damage, you have the option to refuse delivery. Please inform Aquatica immediately of any refusal of delivery or damage to the product. We will proceed to repair or replace the damaged or defective eligible goods at no extra cost.
Limitation of Liability
Aquatica does not accept liability beyond the remedies set forth herein, including but not limited to any liability for product not being available for use, lost profits, loss of business, inconvenience, or emotional distress. Except as expressly provided herein or in any applicable consumer laws, Aquatica will not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. You agree that for any liability related to the purchase of a product, Aquatica is not liable or responsible for any amount of damages above the amount invoiced for the applicable product.
Special Order and Customized Items
Certain Aquatica bathtubs and other fixtures and fittings, as displayed on our websites are special order or customized items as per customers’ requirements. All special order and customized items are strictly non-returnable, non-cancellable, and non-refundable except for manufacturer defects or damages, without prejudice to any applicable consumer law. Customers have 72 hours from the placement of a custom order to cancel. After 72 hours, the order will not be refunded. Special order or customized items are clearly stated on the website.
Applicable Law
US, Canada and Mexico
The validity and interpretation of this Agreement and the legal relations of the Parties shall be governed by the laws of Alberta, Canada. In any action brought under or arising out of this Agreement, the parties hereby consent to the jurisdiction of the Courts of the Province of Alberta, Canada, and to any lawful service of process in further to the Rules of Court of the Courts of the Province of Alberta, Canada. The parties further agree no other federal, provincial, or state court may entertain any suit, action or proceeding relating to or arising out of this Agreement. This section is intended to constitute a separate and binding agreement without further or separate consideration notwithstanding any actual or purported invalidity of this Agreement or any provision hereof.
Europe and Rest of World
The validity and interpretation of this Agreement and the legal relations of the Parties shall be governed by the laws of Spain. In any action brought under or arising out of this Agreement the disputes fall within the jurisdiction of the courts of Spain. The parties further agree no other court may entertain any suit, action or proceeding relating to or arising out of this Agreement. This section is intended to constitute a separate and binding agreement without further or separate consideration notwithstanding any actual or purported invalidity of this Agreement or any provision hereof.
Amendments to the Conditions of Sale
We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies, and Conditions of Sale in force at the time that you order products from us, unless any change to these terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
