West Rock Pool & Spa General Sales Terms and Conditions
The services provided to Buyer provided by Seller are subject to the following terms and conditions, which Buyer should read carefully. Various features or specific products and services may have additional terms or conditions to which Buyer may be subject. Seller objects to and will not agree to any terms that are additional to or different from these Terms of Sale. Terms that are 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.
Buyer’s use of our website indicates their acceptance of and agreement to be bound by these terms and all subsequent revisions. Seller may change or discontinue any feature or service of this website including, but not limited to; content, hours or availability and equipment needed to access or use the website. Seller may revise these terms periodically by updating this Terms and Conditions of Use page.
Nothing on Seller’s website should be construed as offering legal, medical, or other professional advice.
Generally Buyer does not need to register to enjoy the website, although certain features and services such as shopping may involve registration.
When asked to provide information, Buyer agrees to provide true, accurate and complete information. Buyer also agree to maintain and update such information to maintain its completeness and accuracy. Seller reserves the right to terminate Buyer’s use of services if Seller discovers that any information provided is not accurate and complete.
Unless otherwise agreed to by Seller, payment must be received prior to acceptance of the order. Payments may be made by credit card, personal or corporate check. Special order products such as custom-order spa covers may not be cancelled once the order has gone into production at the manufacturing facility.
Users who register on Seller’s website must be at least 13 years old. In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit nor will we accept personally identifiable information from users known to be under thirteen (13) years of age.
Limited License of Use
The owner of this website grants you a limited license to access and make personal use of our website. You may not download (other than page caching) or modify it, or any portion of it, except with express written consent of owner. This license excludes any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any non-personal use. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of owner. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of this website without express written consent. You may not use any Meta tags or any other “hidden text” utilizing. Any unauthorized use terminates the permission or license granted by owner.
All content included on this site, such as text, graphics, logos, button icons, images, audio or visual clips, digital downloads, data compilations, and software, is the property of owner or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of owner and protected by U.S. and international copyright laws. All software used on this site is the property of owner or its software suppliers and is protected by United States and international copyright laws. Except as provided for by law, you may not use any copyrighted material without express written permission.
Owner respects the copyrights of others. If you believe that your work has been infringed by any material on this website, please contact us at the address at the bottom of this page.
Third Party Content
You may post reviews, comments, and other content, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a comment or other content. We reserve the right (but not the obligation) to remove or edit such content.
If you do post content or submit material and, unless we indicate otherwise, you grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us and/or our affiliates for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
As a distributor of content supplied by third parties and users, we have no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers and users, are those of the respective author(s) or distributor(s) and not of ours. Neither us nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to “Disclaimer of Warranties,” below, for the complete provisions.)
In many instances, the content available through us represents the opinions and judgments of the respective information provider or user. It is always your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our website, whether published by a third party or by us. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Your consent to receiving any necessary notices either as posted on our website, sent via electronic mail, or a combination thereof. You agree to and are responsible for checking our website for notices. You will be considered to have received a notice when it is made available by posting on our website.
Our website contains links to other web sites or resources. You acknowledge and agree that we are not responsible nor liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources.
Correspondence with Merchants, Advertisers and Other Third Parties
Your correspondence with merchants, advertisers, and other third parties found on our website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. Buyer agrees to hold Seller and our affiliates, and their respective officers, directors, employees, agents, attorneys, accountants, consultants, advisors and content providers harmless from and against any claims, actions or demands for any loss, damage, cost or expense of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on our website.
Disclaimer of Warranties
ALL OF THE INFORMATION, OPINIONS, AND DATA ON SELLER’S WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS, SECURITY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
SELLER ALSO MAKES NO WARRANTY THAT THE OUR WEBSITE WILL MEET YOUR REQUIREMENTS NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM OUR WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER SELLER NOR OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, ACCOUNTANTS, CONSULTANTS, ADVISORS, AND PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF THE INFORMATION CONTAINED WITHIN OUR WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER SELLER, NOR OUR AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
You agree to defend, indemnify, and hold harmless us, our affiliates, and their respective officers, directors, employees, agents, attorneys, accountants, consultants, advisors, and partners from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from use of our website or content therein or violation of these Conditions of Use.
Limitation of Liability
OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH SELLER’S WEBSITE, OR CONTENT THEREIN IS LIMITED TO ONE HUNDRED DOLLARS ($100.00). NEITHER THE SELLER, OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, ATTORNEYS, ACCOUNTANTS, CONSULTANTS, AND ADVISORS AND ITS PUBLISHERS OR CONTENT PROVIDERS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR WEBSITE OR CONTENT THEREOF SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE OUR WEBSITE AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to you.
Credit Card Dispute Abuse Policy
Seller strives for customer satisfaction, and this fact is verified by customer feedback, as well as third-party organizations that monitor our performance. There is normally no legitimate reason for a customer to dispute a credit card charge (also known as a "chargeback") with us. It has been reported that a small minority of online shoppers have attempted to dispute charges fraudulently, with the criminal intent to obtain merchandise without paying for it.
To protect ourselves and our good customers, we have adopted the following policy:
All instances of chargeback abuse will be reported as delinquent accounts for collection. This action will also be reported to major credit bureaus, and may be part of a consumer's credit file for 7 years. We also reserve the right to file a police report for credit card fraud, and seek criminal prosecution, along with a report to the FBI Internet Crimes division, as appropriate. We further reserve the right to report the incident for inclusion in a chargeback abuser database.
If you believe you are entitled to a refund or adjustment through no fault of your own, please contact our Customer Service Help Desk. Our friendly & courteous customer service staff is here to assist you.
If you need to return an item, you must first obtain a Return Merchandise Authorization (RMA) number by calling our customer service number 845-671-6446. Returns without RMA numbers cannot be accepted. You are responsible for safe return shipping, so please make sure that your return is adequately packed and insured.
Please read the return conditions below:
- All returns require Return Merchandise Authorization (RMA).
- We must receive your return within 30 days of purchase.
- Merchandise must be in original, salable condition without cosmetic or other damage. (You would not want to buy damaged merchandise, nor would we sell it).
- Return shipping is reimbursed for damaged or defective products only, and only with an RMA.
- Spas covers, umbrellas, heaters, spa packs, circuit boards and special order items are not returnable, but are covered by the manufacturer's warranties.
- Returns for reasons other than covered under our Performance Guarantee and all spa repair parts and spa cover lifter returns are subject to a 10% re-stocking fee to help cover shipping, packaging & restocking costs, which we will deduct from any credit refunded.
Handling and shipping charges are not refundable.
You are responsible for complying with applicable local laws, keeping in mind that access to our website or its content may not be legal by certain persons or in certain countries.
If any part of these Conditions of Use are held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These Conditions of Use are between you and our company and may not be transferred, assigned or delegated to anyone without our express written permission. Any attempt to assign, transfer or delegate these Conditions of Use without our express written permission shall be null and void.
Any dispute you may have with respect to our company must be commenced within one year after it arises, or the cause of action is barred.
By visiting our website, you agree that the laws of the state of Connecticut, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between Buyer and Seller or our affiliates. Venue and jurisdiction shall solely and exclusively be in New Haven County, Connecticut, and you consent to exclusive jurisdiction and venue in such courts.
West Rock Pool & Spa
21 North Middletown Rd.
Nanuet, NY 10954