Terms and Conditions

WELCOME TO AQUATICAUSA.COM

Aquatica Technology Holdings LTD. and/or its affiliates ("Aquatica") provide website features and other products and services to you when you visit or shop at Aquaticausa.com (the "website"). Aquatica provides the services and sells our products to you subject to the conditions set out on this page.

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 this website are subject to the following:

  • You agree to pay - You agree to pay for all charges noted herein as payable by you. All prices listed on this website are in US dollars and all charges will be processed in US dollars.
  • Effect of errors on Aquatica’s part - While Aquatica takes great care to ensure its advertising is accurate, errors and/or inaccuracies may occur. Aquatica may correct errors or inaccuracies and change or update information on this website at any time without notice, including in respect of prices and availability of items.

Pricing

All prices listed on this website are subject to confirmation. Aquatica will notify you by email or phone within 3 business days of making a purchase if the confirmed price of an item you have selected differs from the price listed on the website or on your purchase order. If you do not receive an email within 3 business days of completing a purchase order, Aquatica is deemed to have confirmed the purchase at the price listed. If you receive such notification, the sale will be automatically terminated unless you reply by email with confirmation of your intention to purchase the item at the confirmed price.

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 Technology Holdings LTD. 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.

Aquaticabath.ca, Aquaticabath.eu, Aquaticabain.ca, Aquaticabain.fr, Aquaticausa.com, Aquaticabano.com, Aquaticabano.com.mx, and Aquaticabath.co.uk are all trade names of 1582039 Alberta Ltd. 1582039 Alberta Ltd. operates this WEB site under trademark license from Aquatica Technology Holdings LTD. and is a Canadian registered business, incorporated in the City of Calgary, Province of Alberta.

Privacy & Security.

Aquatica is strictly committed to our client privacy.

Privacy Statement:

As described in detail below, any information that we gather on this website is strictly for our internal use and will NOT be shared with ANY other entity, public or private, under ANY circumstances. 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.

With the exception of credit card info, we store some information from your order form to allow us to track previous orders to help us with providing a better customer service and track warranty. You may elect to have your information completely removed from our system by e-mailing us at info@aquaticabath.com with your request. We do not store any type of credit card information. If you wish to correct, update or remove any information about you that may be in our records, please send us an e-mail to info@aquaticausa.com with the details of your request.

SALES TAX

Aquatica Plumbing Group Inc. is the US-based subsidiary of 1582039 Alberta Ltd. All US orders are processed by Aquatica Plumbing Group Inc. who has a physical presence (NEXUS) in the states of Florida and Washington. WA and FL Sales Tax will be collected and is calculated in the shopping cart at checkout for all non-exempt orders with a delivery address in these two states.

Shipping Charges; Risk of Loss; Taxes.

Shipping dates provided by Aquatica are estimates only. Loss or damage to Products that occurs during shipping by a carrier selected by Aquatica is our responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility.

Return Policy.

For our detailed Return Policy please visit our Return Policy page.

All returns require a written confirmation from our Customer Service Department. Please e-mail us at info@aquaticausa.com to obtain a confirmation. The reason for the return must be clearly stated in the e-mail. Before taking any action you must receive a written confirmation from us. All shipments sent to Aquatica. without our written confirmation will be refused and the associated charges will be the sole responsibility of the sender. No returns will be accepted, or any credit granted without our written confirmation. All claims for non-damaged Aquatica returns must be made within 30 calendar days of receipt of merchandise, and only apply to uninstalled, unsealed merchandise returned in perfect (as-shipped) condition and in the original, undamaged packaging and shipping crate.

Refund Policy.

For our detailed Refund Policy please visit our Return Policy page.

To provide any credit or replacement units we must first have a chance to receive and completely inspect your return. After the product is received, inspected and verified to be in "like new" condition, a full refund will be provided based on the product purchase price minus 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. All other purchase types will be refunded by check. Purchases made by check will be refunded up to 14 days after inspection of returned items or after the cancellation date. Please note that the actual freight cost to and from your ship-to address will be deducted from your refund.

Damaged & Defective Goods Policy.

It is your responsibility to inspect the goods for shipping damage immediately upon accepting the delivery. Customers who sign for the delivery and do not notate "damage" assume responsibility if merchandise is damaged. If the product itself appears significantly damaged, you may refuse delivery. Please notify Aquatica of refusal so we can anticipate the return and send out a new item. We will repair or replace the damaged or defective goods for no additional charge. Please call 866 606 2782 x:2 to initiate your claim.

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, 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.

Built-To-Order, Customized & Strictly Non-Returnable Products

Certain Aquatica bathtubs and other fixtures and fittings as displayed on our WEB sites are built-to-order or customized as per customers’ requirements. All built-to-order and customized items are strictly non-returnable and non-cancellable once the order has been placed. This applies specifically to stone bathtubs in any other color than white or added customizations like Arctic Insulation. Please confirm prior to placing your order.

APPLICABLE LAW

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.

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 those 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.

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