TERMS AND CONDITIONS OF PURCHASE
Privacy
Generation Spas is committed to providing a website that respects the privacy of visitors. This section summarizes the practices of Generation Spas with respect to the protection of personal information on its website. The Generation Spas website does not automatically capture any specific personal information about you such as your name, phone number or email address. We will only have access to this type of information if you provide it to us as part of an order you place or when you provide it to us when registering for a promotion.
All personal information created, maintained or captured by Generation Spas is protected under the Government of Canada's Privacy Act.
The information relating to each visitor is used by Generation Spas personnel who need it to respond to your requests or ensure the security of the system. This information is not disclosed to anyone outside of Generation Spas.
If you have any questions or comments about this policy or how Generation Spas applies it, please do not hesitate to contact us at customer service at (450) 430-7494 or by email at info@generationspas .com.
Customer Account Privacy Statement
The information requested for the delivery of the products is necessary to establish a secure and personalized user account with Generation Spas. Your personal information, when collected, will be stored under the Privacy Act. The Privacy Act requires that we protect your personal information and provide you with access to it for review and correction.
TERMS AND CONDITIONS
Generation Spas Inc. operates the website: www.generationspas.com.
The use of the Site is governed by the terms and conditions appearing below, as well as by the general policies.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.
By using Generation Spas, you acknowledge having read and understood these conditions. If you do not want to be bound by these terms and conditions, you may not use generationspas.com and order products through generationspas.com.
Restrictions on the use of the site
Unless otherwise specified in any section of Generation Spas, it is prohibited to copy, reproduce, distribute, publish, translate, download, display or transmit in any way, any element for commercial reasons. without the prior written permission of Generation Spas. It is permitted to display or download the elements of Generation Spas, but on the condition that it is for non-commercial purposes and that these elements are not modified.
Place of operation of the site
Generation Spas is operated from its offices located in Quebec, Canada. Those who choose to use Generation Spas do so on their own initiative and it is their responsibility to comply with all applicable local laws. The use of the Site is governed by the laws applicable in the territory of the province of Quebec. Generation Spas makes no representation to the effect that elements of the Site may be used in places other than Canada and it is prohibited to access the Site from territories where the legislation would require that the content or use of the Site is illegal. Those who choose to use the Site do so on their own initiative and it is their responsibility to comply with all applicable local laws. Any claim relating to the Site and the elements it contains, or arising from the use of the Site, is governed by the laws applicable in the territory of the province of Quebec.
Trademarks – The trademarks and logos used or displayed on the Site are trademarks registered or not by Generation Spas or third parties. Nothing in the Site may be interpreted in such a way as to allow, directly or indirectly, the use of a trademark reproduced on the Site without the prior written permission of the owner of such trademark.
TERM OF USE
Limitation of liability
Limitation of liability – The Site and the elements it contains are provided as is, without any guarantee, implicit or explicit. Subject to any public order legislation to the contrary, Generation Spas declines all responsibility and makes no warranty, including warranties of merchantability or suitability for a particular purpose. In addition, Generation Spas makes no representation regarding the use, validity, accuracy or reliability of the elements reproduced on the Site or as to the results resulting from the use of such elements. Although Generation Spas does everything possible to ensure that the Site does not contain any errors, Generation Spas declines all responsibility for any errors that may appear on the Site. Its related companies, directors, employees, representatives or agents cannot under any circumstances be held liable for any damage directly or indirectly related to the use of the Site, in particular the loss of data or profit resulting from the use of the elements of the Site or the inability to use these elements.
The content of the site can in no way substitute a diagnosis or advice from a technician or an employee at the service of Generation Spas.
General condition of sale
Acceptance of an order – Receipt of an order confirmation by email does not automatically mean that Generation Spas accepts said order and is not confirmation that Generation Spas undertakes to sell anything. Generation Spas reserves the right, without further notice, 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.
Payment terms
We accept the following credit cards: Visa. Mastercard and American Express.
Price
The price payable for each product you order is that appearing next to each product offered on the Site.
The prices of products sold online may differ from the prices charged for the same products when sold in store or for home service.
Shipping and delivery charges, as well as applicable sales taxes, are extra.
Freight and delivery charges for the sale of a spa (new, demonstrator or refurbished) may be higher than those displayed. The $300 fee displayed is a minimum regardless of the region. Any sale for spas delivered more than 50 km by road from 13361 Curé-Labelle Mirabel Qc. J7J 1H, Canada, is likely to be subject to additional delivery charges.
Generation Spas reserves the right to modify the price of the products offered on the Site at any time, without notice.
All prices are in Canadian dollars.
Product Availability and Returns
About the products
Given the wide variety of products offered by Generation Spas, it is impossible to prevent the shortage of inventory or the discontinuity of a product. Any order made via generationspas.com is subject to the availability of the products ordered.
Generation Spas in no way guarantees the availability of the products offered. If Generation Spas cannot deliver one or other of the products ordered due to a shortage of inventory, it will notify this fact by email offering the following options at its discretion:
Maintain the order and receive it when the product(s) are available.
Cancel the order in part or in full for products not available.
Generation Spas cannot under any circumstances be held responsible for any damage suffered due to a shortage of inventory.
Product images are for illustrative purposes only. It is therefore possible that the product received differs from the product illustrated.
Products purchased via generationspas.com are exchangeable and returnable under the conditions listed in the return policy.
Any client is strongly encouraged to communicate with Generation Spas to report any problem.
In its concern to provide impeccable after-sales service, Generation Spas will do what is required to ensure that all customers are completely satisfied.
SHIPPING
DELAYS
In the vast majority of cases, delivery times are 1 to 2 business days after shipment.
Orders for products in inventory are prepared upon as soon as ordered, which implies that the shipment is made the day following the order.
Delivery to rural areas or delivery of bulky items (such as spa covers) may cause additional delays or additionnal fees.
You will be notified by email of any additional delays.
DAMAGES
For any damages to the items during transport, please notify us as soon as possible and write it on the delivery note.
In order to offer the best service and price we use several carriers. Some orders may require a signature upon receipt.
Hazardous products, such as chemicals, cannot be shipped by Canada Post or another carrier; contact our customer service for details. Refer to the sheet of each product to find out if special conditions apply.
RETURNS
GENERAL
Products belonging to the following categories are refundable or exchangeable within 30 days of delivery :
Returns will be accepted provided that the products are in new, unused condition and in their original packaging, if applicable.
No returns will be accepted for products that do not belong to the categories listed above.
METHODS
Products purchased online can be returned in person to our store. However, delivery charges are non-refundable.
Returns by delivery are also accepted.
Contact
For all return requests:
service@generationspas.com
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.