PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.

(Last updated 02/28/2024)

Use of the site

Generation Spas Inc. operates the website: www.generationspas.com (hereinafter “generationspas.com” or “Website”)

Use of the Website is governed by the terms and conditions appearing on this page, as well as the Legal Notice.

By using generationspas.com, you acknowledge having read these conditions, you also acknowledge that you understand them and adhere to them without reservation.

If you do not want to be bound by these terms and conditions, you may not use generationspas.com.

Regardless of how it is done, it is prohibited to use for commercial purposes any element contained on generationspas.com.

Limitation de responsibilities

Subject to any public order legislation to the contrary:

Generation Spas disclaims any responsibility relating to the use, validity, accuracy or reliability of the elements reproduced on the Website or as to the results from the use of such elements. Although Generation Spas does everything in its power to ensure that the Website does not contain any errors, Generation Spas declines all responsibility for any error that may appear on the Website. Its related companies, its directors, employees, representatives or agents cannot under any circumstances be held responsible for any damage directly or indirectly related to the use of the Website, in particular the loss of data or profit resulting from the use of the elements of the Website or the inability to use these elements.

The content of the site cannot in any way replace a diagnosis or advice from a technician or an employee of Generation Spas.

Terms of Sale

Accepting Orders 

An email from Generation Spas acknowledging receipt of an order does not automatically mean that Generation Spas accepts the order and is not a confirmation that Generation Spas is committed to selling anything. Only confirmation of the order constitutes acceptance.

Generation Spas reserves the right to refuse to do business with any customer and/or to set a quantity limit for any item in an order. It may be necessary for Generation Spas, at any time, to verify personal or credit card information before accepting any order.

Price

All prices are in Canadian dollars and are subject to change without notice.

The price of each product is that which appears in the cart. Some products may be personalized, which implies that the price appearing is a “starting at” price.

Shipping fees, as well as applicable sales taxes, are additional and will be confirmed upon payment of the cart.

Shipping fees for the sale of a spa (new, demo or refurbished) may be higher than those displayed. The fees displayed are a minimum regardless of the region. Any sale for spa delivered more than 50 km drive from 13361 Curé-Labelle Mirabel Qc. J7J 1H1, Canada, may be subject to additional delivery charges.

Products

Any order is subject to the availability of the products ordered. Generation Spas does not in any way guarantee the availability of the products offered.

If a product is discontinued or out of stock, an email suggesting options will be sent. It will nevertheless be possible, in all cases, to cancel the order with full refund.

Generation Spas cannot under any circumstances be held responsible for any damage suffered due to the unavailability of a product.

Product images are for illustrative purposes only. It is therefore possible that the product received differs slightly from the product illustrated.

All customers are strongly encouraged to contact Generation Spas to report any problems.

Payment

On the Website, Generation Spas accepts Visa, MasterCard and American Express credit cards. Full payment must be made in order for the order to be shipped or picked up in store.

Shipping

Orders are prepared upon receipt. In the vast majority of cases, delivery delays are 1 to 2 business days after shipping.

Delivery to remote areas or delivery of bulky items (such as covers) may result in additional delays or additional charges.

Delivery times for custom spa covers are confirmed for each order.

Damages

For any damage to the items during shipping, please notify us as soon as possible and write it on the delivery slip.

Returns

It is possible to exchange or return for a refund for products belonging to the categories listed below within 30 days of receipt.

Returns will be accepted provided that the products are in new, unused condition and in their original packaging if applicable. :

Any normally refundable product, if sold on promotion or clearance, will only be exchangeable. The same period of 30 days applies.

No returns or exchanges are permitted for a product that is not included in the list above. 

Delivery charges are not refundable.

Warranty

All products sold on the Website are covered by a 1-year warranty against manufacturing defects.

The warranty covers the costs related to the repair of the defective part or its replacement if repair is impossible.

The warranty does not cover damage related to improper use, improper installation, poor maintenance or any other external cause. It does not cover service call, shipping or installation fees if applicable.

Contractual clauses - Applicable to Spa Sales

1. Payment terms

A maximum of $ 1,000.00 is accepted on credit card, including deposit. Payment methods without an amount

limit are: cash; debit card; Interac e-transfer; bank draft or wire transfer.

2. Deposits

All deposits and amounts paid are non-refundable and non-transferable, with exception.

3. Final sale

Goods sold cannot be returned or exchanged. There can be no cancellation or modification of this contract,

with exception.

4. Ownership reserves

All sold goods remain the property of the SELLER until full payment. However, if the goods have been

delivered before a payment in full, the BUYER must assume the risks.

5. BUYER’s obligations

5.1. Payment

The BUYER has the obligation to pay the balance and any amount due at least one week before the

scheduled actual delivery date.

5.2. Taking delivery

The BUYER has the obligation to schedule, with the SELLER, an actual delivery date for the spa, which

must be no later than the delivery deadline. In all cases, the BUYER has the obligation to take possession

of the goods no later than the delivery deadline.

5.3. Standard delivery

The BUYER has the obligation to give reasonable clearance to carry out the delivery of the spa over the

entire trajectory from the delivery vehicle to the designated location. The trajectory must be direct, without

any obstacles, right angle, or drop and the land must be firm enough to be travelled on with a cart on inflated

tires. The minimum clearance is of 42" or ≈107 cm in width and 9' or ≈ 274 cm in height.

5.4. Conformity

The BUYER has the obligation to inspect the goods delivered by the SELLER and to note on the delivery

form any defects or non-conformity affecting the goods. The unreserved signing of the delivery form

constitutes the BUYER's acceptance and acknowledgment that the goods comply with the contract.

Subsequently, no claim in this respect will be considered by the SELLER.

5.5. Installation

The BUYER has the obligation to prepare a base capable of supporting the weight of the spa full of water

with occupants. The base must be leveled, drained and support the spa over its entire floor area.

5.6. Wiring

The BUYER must have the spa connected in accordance with the standards and directives required by the

manufacturer and in compliance with applicable laws. Only copper wire can be used for connection.

6. Additional fees

6.1. Storage fees

If the BUYER cannot take delivery of all the goods as mentioned in paragraph 5.2, he will have to pay

storage fees of $100.00+tx per week ($200.00+tx per week in the case of a pool spa or swim spa) following

the delivery deadline.

6.2. Delivery fees

When the BUYER is responsible for the impossibility of delivering, he will have to pay fees equal to the

"Livraison Standard Delivery" for any additional trips of the delivery vehicle. Fees of $200.00+tx will be

invoiced to him for each additional employee necessary to complete the delivery.

7. Crane

When the SELLER delivers the spa with a crane, the price corresponds to a crane of 40 tons or less.

8. Old spa pick up

The old spa pick up, whether free of charge or for a fee, is only done if it is possible for the transporters to

move the spa and attach it securely to the trailer.

9. Default

9.1. Opening

The BUYER is in default when: 1) He omits to pay any sum due to the SELLER; 2) He fails to comply with

any obligation he is responsible for; 3) Otherwise provided by this contract or the law.

9.2. Actions

When the BUYER is in default, the SELLER can: 1) Demand the execution and application of the contract

as well as the immediate payment of any amount due; 2) Refuse to execute the warranty as long as the

BUYER has not remedied his default; 3) Cancel the sale without refunding the initial deposit; 4) Relist all

goods for sale. when their storage has reached three (3) weeks from the delivery deadline, and it is

impossible for the parties to agree on a delivery date.

10. Aggravation

Any damage to the goods resulting from the negligence of the BUYER to remedy his defect will not be

covered by the warranty.

Warranty applicable to spas

The SELLER offers a limited warranty against manufacturing defects on the goods sold.

Terms and conditions applicable to the warranties

Application

● None of the warranties offered by the SELLER can be transferred.

● The limited warranty covers parts and labor, with some exceptions and exclusions.

● The exact duration of the warranty is noted on the front of this contract and begins at the actual delivery

date, with some exceptions and exclusions or when the BUYER takes possession of the goods.

● The BUYER who wants the application of the warranty must make the request to the SELLER and

describe the problem he noticed.

● The choice of means to apply the warranty is up to the SELLER. He has the obligation to repair or replace

the defective goods if it is covered by the warranty.

● Unless an exception is authorized by the SELLER, repairs must be made by a representative of the

SELLER for the warranty to apply.

● When the application of the warranty is asked by the BUYER, he must provide reasonable access to the

spa, regardless of the season.

Fees

● The BUYER must pay the service call fees under warranty of $90.00+tx and the applicable extra-kilometer

fees no later than the day before the service call to book his spot on the schedule.

● There are extra-kilometer fees when the spa is at an address that is more than 50km by road from the SELLER's address. These fees are $3.00+tx per additional km, using the fastest itinerary. However, extra-kilometer charges are at least $20.00+tx. When the address is on the south shore of Montreal or on the south shore of Oka, a fee of $60.00+tx applies in addition.

● If the spa is inaccessible at the time of the service call or if there is no applicable warranty, out-of-warranty

service call fees will apply. These fees are $200.00+tx or $300.00+tx from December 1st to April 1st. The

extra-kilometer fees apply in addition as described above.

● If the spa must be transported to the factory or otherwise, the BUYER must pay the fees. These fees vary

depending on the address and are a minimum of $700.00+tx.

Commercial use

● Notwithstanding any other provision, except for a clear handwritten note from SELLER on this contract,

any goods purchased for and/or used for a commercial use, whether this information is disclosed at the

time of purchase or not, will have a limited warranty that does not exceed one (1) year.

Outside of service area

● When the box “Spa outside of the service area” is checked, the warranty covers parts only. Any defective

part must be returned to the SELLER for verification. If the warranty is applicable, the SELLER will carry

out the repairs on it or replace the part.

Exceptions and exclusions

General

● The warranties are invalid and inapplicable while the SELLER is in default.

● All accessories and parts subject to wear and tear (spa cover, knobs, pillows, jets, etc.) have a 1-year

warranty only.

● No warranty covers a damage that is attributable to misuse, improper maintenance, improperly balanced

water or the negligence of the BUYER.

● No warranty covers damage caused by freezing.

● If it is necessary to drain the water to make repairs under warranty, the SELLER is not responsible for the

costs of filling the spa as well as the addition of chemicals.

Applicable to new spas

● If the manufacturer offers a different warranty from what is specified in this contract, this warranty does

not bind the SELLER. The BUYER must deal directly with the manufacturer concerning this warranty.

● All components of the audio system and the light system only have a one (1) year warranty.

Applicable to refurbished spas

● The spa tub (acrylic/plastic/fiberglass) is not covered by any warranty from the SELLER against

manufacturing defects. However, the SELLER guarantees that the tub is in good condition upon delivery,

except for defects already existing at the date of sale.

● The equipment included in the following list is not covered by any warranty, except one of good working

order at delivery in cases where they are sold as functional:

o Original sanitation system installed by the manufacturer.

o Complete audio system (including transformers if applicable).

o Light system including all lights.

Warranty extension

● When an extended warranty is provided for in the contract, it applies in the same manner as the limited

warranty except that it applies only to the items listed.

● When the extended warranty is applicable to "all spa", this does not have the effect of canceling the

exceptions and exclusions to the warranty mentioned in this contract.

Distance contract

Delivery

Unless otherwise stated, the carrier of the goods is the SELLER by internal transport.

Product added to compare.