Terms & Conditions
Agreement. If Buyer has not otherwise agreed to these Terms of Sale, then Buyer’s acceptance of delivery of, or payment for, the goods of Seller (the “Products”) and/or the services of Seller (the “Services”) shall constitute Buyer’s agreement to these Terms of Sale. Seller objects to and will not agree to any terms that are additional to or different from these Terms of Sale. Terms that are printed on or contained in a purchase order or other form prepared by Buyer that are additional to or different from those herein shall be considered inapplicable and shall have no force or effect.
Payment Terms. Payment Terms are subject to the sole discretion of Spa and Pool HQ. Unless otherwise agreed to by Spa and Pool HQ, payment must be received by Spa and Pool HQ prior to acceptance of the order. Payments may be made by credit card, personal or corporate check, or some other prearranged payment method unless credit terms have been agreed to by Spa and Pool HQ. Invoices are due and payable according to the terms stated on the invoice. Special order products such as custom-order spa covers and billiard table covers may not be cancelled once the order has gone into production at the manufacturing facility. All special order product orders are PREPAID in advance of order fulfillment.
Shipping Charges. Charges for shipping and handling will be shown on the invoice(s). Shipping inside of the continental United States is free for most products on orders exceeding $75.00 USD. Notable exceptions are the inside delivery and other miscellaneous charges that may imposed by the freight carrier. Please feel free to call us if you feel that you might have a difficult delivery location that may be applicable to these charges. Shipping charges whether charged or not charged due to free shipping promotion are non-refundable and will be deducted from any refund on a returned item.
Title. Title to products passes from Spa and Pool HQ to the customer upon receiving them from Spa and Pool HQ or partner facility and full payment has been received.
PRODUCTS SHIPPED VIA PACKAGE SERVICES (UPS, FEDEX, DHL). Most of our products are shipped via UPS Ground. Since these shipments are generally not signed for, In the case of damage, please contact our office and we will send you replacements for the damaged items and will file the claim on your behalf.
Return Policy Information and Instructions
No returns after 7 days of receiving your order. Please open your package immediately upon receiving and inspect the contents.
No missing product claims after 5 days of receiving your order. Please open your package immediately upon receiving and inspect the contents.
No claims for damaged products after 5 days of receiving your order. Please open your package immediately upon receiving and inspect the contents. All claims must be submitted through your account. Please follow the steps below. No Exceptions.
All claims to return products must fall in the guidelines listed above. If they do please continue on reading.
Next you will need to complete our Return Merchandise Authorization.
Follow these steps:
1. Log-in to your account by clicking here
2. Go to Completed Orders, then click Return Item(s) next to their item.
3. Fill out the following items on the return request:
Quantity to return
Issue Store Credit
4. Click Submit Return Request.
5. We will process your claim and notify you by email with an RMA NUMBER.
Returns to us without an RMA will be refused by us. Orders you refuse at the time of delivery will be denied charged the actual shipping cost determined by ShipStation plus the 10% restocking fee.
For Damaged Product Claims a picture of the damaged product maybe requested by the shipping company for insurance purposes (you will receive an email from us if this is required)
All products must be returned to us within 7 days of receiving your Return Authorization Number (RMA)
We are unable to credit you for shipping/handling charges.
We have no restocking fees for damaged, missing/wrong product claims.
We do however have a 10% restocking fee on any other returns.
***PLEASE NOTE *** We inspect our shipments with human, digital video and sound. We will only issue store credit for orders missing any product.
***PLEASE NOTE *** the following are NON-RETURNABLE, NON EXCHANGEABLE and NON-REFUNDABLE Items. All sales are final!
Electronic/battery or installed items see manufacturer’s warranty and contact them.
Special order parts from the manufacturer
All Pool Accessories such as skimmers, baskets, nets, kits etc.
Solar Pool Covers
Winter Pool Covers
Products that cannot be returned because of Department of Transportation shipping regulations include:
Chlorine Sticks and Tablets of any kind
Bromine Tablets of any kind Chlorine Based Pool and Spa Shock
Calcium Based Pool Chlorine
Granules Hydrogen Based Pool Shock
Non-Chlorine Pool and Spa Shock
All products sold by us come complete with the Manufacturers warranties. Products that have been Installed, Used, Tested, and Missing Parts or listed as a "NON-RETURNABLE item" are items that may not be returned to us; rather they must be directed to the manufacturer who made the item. Products that are damaged internally and to no result of shipping must be addressed to the manufacturer directly. We are not responsible for their quality control. These items are covered by the manufacturers' warranty. If you feel that you have a defective product, please refer to the warranty information packaged with your product. Please contact the manufacturer for more warranty information. All authorized returned items must contain all parts, rebate certificates, manuals, and documents. They must be properly packed in the original manufacturers packaging. The item must be received by us in clean, resalable condition. If any item is not in resalable condition, or are missing parts, rebate certificates, manuals, and documents when we receive it will be denied a refund. In our sole discretion, we will make determination as to the extent of any use or abuse upon receipt and inspection of a returned item. We reserve the right to return the item to you for non-compliance with this policy. No returns are accepted after 7 days of receiving your order. No exceptions. We will refund or exchange your purchase, as long as you have complied with our simple return policy & instructions. Please allow up to 15 business days from the date you return your package for your refund or exchange to be completed. We will process these as quick as possible. Refunds can only be made to the original purchaser. Refunds can only be issued in the same manner payment was received by us.
Products. Spa and Pool HQ reserves the right to revise and discontinue products at any time.
Sales and Coupons. Spa and Pool HQ may, from time to time, run promotions, coupons and sales on their offered products. These sale prices and coupon offers are only good during the specified time period and may be discontinued at any time.
Referrals. From time to time, Spa and Pool HQ may refer our customer to another vendor for a specified reason. Spa and Pool HQ will, in no way, be liable for any transaction that occurs after such a referral.
Cancelling Orders. Refusal of delivery of product does not constitute a refund.
Indemnity. Buyer shall indemnify, defend and hold harmless Seller with respect to all damages, losses, claims and expenses, including consequential and incidental damages and attorney fees, that Seller incurs as a result of Buyer’s breach of any of Buyer’s obligations under these Terms of Sale.
Seller’s Rights. Seller has all rights and remedies that applicable law gives to sellers. Seller’s rights and remedies are cumulative, and Seller may exercise them at any time and from time to time. Seller’s waiver of any right on one occasion shall not be a waiver of any future exercise of that right.
Time For Bringing Action. Any action that Buyer brings against Seller for breach of these Terms of Sale or for any other claim that arises out of or relates to the Products or the Services must be brought within one year after the cause of action accrues.
Applicable Law. These Terms of Sale shall be considered to have been agreed upon in the State of Iowa, and shall be governed by and interpreted according to Iowa law. Either party may bring any action that arises out of or relates to these Terms of Sale in any federal or state court in Polk County, Ohio that has jurisdiction of the subject matter, and Buyer irrevocably consents that any such court shall have personal jurisdiction over Buyer and waives any objection that the court is an inconvenient forum.
Export Laws. Buyer acknowledges that Seller is subject to regulations of governmental agencies that prohibit export of certain products to certain countries. Buyer warrants that it will comply in all respects with the export restrictions applicable to the sale.
Severability. If any provision of these Terms of Sale is or becomes or is deemed invalid, illegal or unenforceable under the applicable laws or regulations of any jurisdiction, such provision will be deemed amended to conform to such laws or regulations without materially altering the intention of the Parties, or it will be stricken and the remainder of these Terms of Sale will remain in full force and effect.