Terms & Condition

Agreement between User and https://hydromassageproducts.shop/
Welcome to https://www.hydromassageproducts.com/. The
https://www.hydromassageproducts.com/ website (the “Site”) is comprised of various
web pages operated by Hydro Massage Products.
https://www.hydromassageproducts.com/ is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained herein
(the “Terms”). Your use of https://www.hydromassageproducts.com/ constitutes your
agreement to all such Terms. Please read these terms carefully, and keep a copy of
them for your reference.
https://hydromassageproducts.shop/ is an E-Commerce Site.
Hydro Massage Products manufactures some of the industries healthiest and most
therapeutic Whirlpool tubs and Air baths.
Price: Orders are accepted subject to prices in effect at the time of shipment and prices
are subject to change without notice. Published pricing schedule shows suggested list
prices and is subject to a trade discount determined by Hydro Massage Products.
All orders must be ordered on website, or emailed to
orders@hydromassageproducts.com.
Any orders that do not specify pump location , finish or options will be shipped standard
per specification sheet.
Conditions of acceptance: The acceptance, shipment or delivery of any order is
conditional upon approval of Hydro Massage Products credit department and upon
these terms and conditions of sale applying to the order and not any others unless
specifically agreed to in writing by Hydro Massage Products.The right to require
satisfactory security for performance of buyer’s obligations prior to making shipment on
any order is reserved by Hydro Massage Products.any merchandise sold remains the
property of the seller until full payment is received.
Terms of payment: General payment terms are net 30 for commercial accounts, all
other payments are in full at the point of order. A rate of 2% monthly (26.82% per annum,
compounded monthly) charge will apply on overdue accounts. No goods will be
delivered to customers not complying with our sales and payment conditions.
Taxes: All prices published are exclusive of goods and services tax (GST). Provincial
Sales Tax, if applicable, is extra.
Modification or Discontinuance: The Company reserves the right to modify products for
improvement without notice, or to discontinue any model without incurring any
obligation to furnish on any product previously furnished.
Freight and shipping: All shipments are F.O.B. factory unless agreed otherwise. All
shipments must be inspected for damage before signing for product. No credit will be
issued for goods not inspected and noted on freight companies paperwork as damaged
or broken. (see Delivery Instruction Form)
Warranty Responsibilities: The Company provides an express limited warranty to the
consumer. For the specific provisions of the warranty, refer to the published warranty
applicable to the particular product. The Distributor and Dealer are responsible for
providing a copy of the applicable express limited warranty to users, installers, and
contractors, at or before sale of each product, and obtaining evidence of receipt of the
warranty by these persons. Distributor and Dealer each agree to include withing any
contract for sale of Hydro Massage Products, and will require that any purchaser
include within any contract whereby purchaser resells such product, the following
terms:
In addition to the above, the Distributor and Dealer are responsible for communicating
the procedure for resolving claims for warranty service to users, installers and
contractors and shall:
1. Promptly refer written and oral warranty claims by users and installers to an
Authorized Customer Service Representative of the Company.
2. Retrieve and exchange defective or damaged units when requested to do so by
an Authorized Customer Service Representative of the Company.
3. Return replaced units to the Company or destroy such units when instructed by
an Authorized Customer Service Representative of the Company.
Shipment shortage: If a shortage is found at any time of delivery, the consignee should
file his claim with the carrier, and ensure a notation is made on the freight bill noting the
loss. The packing slip is enclosed to assist you in checking and receiving the
merchandise.
Shipping damage: Hydro Massage Products will not be responsible for shipping
damage. Product must be carefully examined at time of receipt to ensure it is damage
free. Any damage discovered must be noted on the freight bill.
Returned goods: Merchandise may not be returned for any reason without prior written
consent of Hydro Massage Products. Product returned for any reason other than our
error will be subject to a 50% rehandling charge plus costs of labor and materials if
returnable. Most items are special made to order and are non-returnable. Product
returned must be shipped prepaid, otherwise shipment will be refused. A return goods
authorization form must be obtained by Hydro Massage products.
Custom orders: All items made to order or and to customer’s specifications are
non-returnable or subject to cancellation under any circumstances.
Cancellation, change orders and refund policy: No change or cancellation of an order
will be accepted without prior written approval of the company. All items are made to
order and most may not be cancelled. If production of an order has not been started a
change may be made for $175.00 fee may apply. Some cancellations may be accepted
if the product has standard features and can be resold.
Rush Orders: $495.00. Hydro Massage Products, LLC will attempt to ship an order place
before 2:00 P.M. MST within 3 working days after the day the order has been placed.
Extended lead times may occur. Contact the factory before committing to your
customer. In the event we cannot meet the date, we will ship the product as soon as
possible. We will not charge for the rush order, however, no compensation will be given.
Force Majeure: Any delay, failure to deliver, or breach by the Company due to fire,
explosion, flood, riot, labor dispute, shortage, act of war, failure of supplier, carrier,
accident, act of God, law, government or police act, order of restriction, or other event or
circumstance beyond the Company’s reasonable control shall be excused.
Electronic Communications
Visiting https://hydromassageproducts.shop/ or sending emails to Hydro Massage
Products constitutes electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures and other
communications that we provide to you electronically, via email and on the Site, satisfy
any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your account or password. You
may not assign or otherwise transfer your account to any other person or entity. You
acknowledge that Hydro Massage Products is not responsible for third party access to
your account that results from theft or misappropriation of your account. Hydro
Massage Products and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Hydro Massage Products does not knowingly collect, either online or offline, personal
information from persons under the age of thirteen. If you are under 18, you may use
https://www.hydromassageproducts.com/ only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
https://www.hydromassageproducts.com/ may contain links to other websites (“Linked
Sites”). The Linked Sites are not under the control of Hydro Massage Products and
Hydro Massage Products is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Hydro Massage Products is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by Hydro
Massage Products of the site or any association with its operators.
Certain services made available via https://hydromassageproducts.shop/ are delivered
by third party sites and organizations. By using any product, service or functionality
originating from the https://www.hydromassageproducts.com/ domain, you hereby
acknowledge and consent that Hydro Massage Products may share such information
and data with any third party with whom Hydro Massage Products has a contractual
relationship to provide the requested product, service or functionality on behalf of
https://hydromassageproducts.shop/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
https://www.hydromassageproducts.com/ strictly in accordance with these terms of
use. As a condition of your use of the Site, you warrant to Hydro Massage Products that
you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
You may not use the Site in any manner which could damage, disable, overburden, or
impair the Site or interfere with any other party’s use and enjoyment of the Site. You may
not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well
as the compilation thereof, and any software used on the Site, is the property of Hydro
Massage Products or its suppliers and protected by copyright and other laws that
protect intellectual property and proprietary rights. You agree to observe and abide by
all copyright and other proprietary notices, legends or other restrictions contained in any
such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of the content, in whole or in part,
found on the Site. Hydro Massage Products content is not for resale. Your use of the
Site does not entitle you to make any unauthorized use of any protected content, and in
particular you will not delete or alter any proprietary rights or attribution notices in any
content. You will use protected content solely for your personal use, and will make no
other use of the content without the express written permission of Hydro Massage
Products and the copyright owner. You agree that you do not acquire any ownership
rights in any protected content. We do not grant you any licenses, express or implied, to
the intellectual property of Hydro Massage Products or our licensors except as
expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Hydro Massage Products from
our offices within the USA. If you access the Service from a location outside the USA,
you are responsible for compliance with all local laws. You agree that you will not use
the Hydro Massage Products Content accessed through
https://hydromassageproducts.shop/ in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Hydro Massage Products, its officers,
directors, employees, agents and third parties, for any losses, costs, liabilities and
expenses (including reasonable attorney’s fees) relating to or arising out of your use of
or inability to use the Site or services, any user postings made by you, your violation of
any terms of this Agreement or your violation of any rights of a third party, or your
violation of any applicable laws, rules or regulations. Hydro Massage Products reserves
the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with
Hydro Massage Products in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
HYDRO MASSAGE PRODUCTS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE SITE AT ANY TIME.
HYDRO MASSAGE PRODUCTS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR
CONDITION OF ANY KIND. HYDRO MASSAGE PRODUCTS AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
HYDRO MASSAGE PRODUCTS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF HYDRO MASSAGE PRODUCTS OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Termination/Access Restriction
Hydro Massage Products reserves the right, in its sole discretion, to terminate your
access to the Site and the related services or any portion thereof at any time, without
notice. To the maximum extent permitted by law, this agreement is governed by the
laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and
venue of courts in Colorado in all disputes arising out of or relating to the use of the
Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists
between you and Hydro Massage Products as a result of this agreement or use of the
Site. Hydro Massage Products’s performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in derogation of
Hydro Massage Products’s right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Site or information
provided to or gathered by Hydro Massage Products with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement
between the user and Hydro Massage Products with respect to the Site and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Hydro Massage Products with respect
to the Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed form. It
is the express wish to the parties that this agreement and all related documents be
written in English.
Changes to Terms
Hydro Massage Products reserves the right, in its sole discretion, to change the Terms
under which https://hydromassageproducts.shop/ is offered. The most current version
of the Terms will supersede all previous versions. Hydro Massage Products encourages
you to periodically review the Terms to stay informed of our updates.
Contact Us
Hydro Massage Products welcomes your questions or comments regarding the Terms:
Hydro Massage Products
505 Nucla Way, Unit B
Aurora, California 80011
Email Address:
ron@hydromassageproducts.com
Telephone number: 303-341-1845
303-341-1845
Effective as of July 01, 2021