TERMS OF USE AND SALE

Please read these terms of use (the “Terms of Use”) carefully before using the transactional platform made available by 2548124 Ontario INC. (“Beachcomber Hot Tubs Orléans”), which includes the websites accessible at www.beachcomberhottubsorleans.ca or www.beachcomberorleans.com and any current or future downloadable electronic application published by Beachcomber Hot Tubs Orléans (the “Platform”).

1. PREAMBLE

This Platform is made available to Users by Beachcomber Hot Tubs Orléans. The terms “User” and “you” refer to you as user of this Platform, as a consumer or a visitor.

By using this Platform, you acknowledge and agree to these Terms of Use, without modification or qualification. These Terms of Use apply to all visits to the Platform both now and in the future.

Beachcomber Hot Tubs Orléans reserves the right to amend these Terms of Use, at any time and without notice, by publishing a new version of the Terms of Use on the Platform. Any changes so made to the Terms of Use shall be applicable at of your next use of the Platform.

If you do not agree to these Terms of Use, you may not access, view, obtain products or services from, or otherwise use the Platform.

The Platform provides an online environment where Beachcomber Hot Tubs Orléans may offer and sell its products and where Users may browse, purchase and receive such products and services directly from Beachcomber Hot Tubs Orléans.

2. ELIGIBILITY AND AUTHORIZATION

If you are an individual, in order to use the Platform, you must be of age to consent and possess the power of discernment to enter into contracts alone to meet your ordinary and usual needs. If you are using the Platform as the mandator of another person, you must be a person of full age. You authorize Beachcomber Hot Tubs Orléans, directly or through third parties, to make any inquiries it considers necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm your access to the email address mentioned in your application for a User account/or verifying your information against databases maintained by Beachcomber Hot Tubs Orléans or third parties or through other sources.

3. USER NAME, ACCOUNT AND PASSWORD

When you sign up for a User account to use the Platform, you must choose a username and a password that meets the requirements established by Beachcomber Hot Tubs Orléans. You are entirely responsible for maintaining the confidentiality of your password. You shall not disclose your password to any third party or use the account of a third party. If you know of or suspect any unauthorized use of your User account, you shall immediately notify Beachcomber Hot Tubs Orléans. You acknowledge and agree that Beachcomber Hot Tubs Orléans may hold you accountable for any such unauthorized use of your User account.

4. NEWSLETTERS, SURVEYS AND CONTESTS

Beachcomber Hot Tubs Orléans may use the Platform to promote its products and services by various means, including by way of newsletters, surveys and contests. Users are not required to participate in such promotional activities as a condition to the use of the Platform to obtain products or services.

5. REQUIRED INFORMATION

The User must provide complete and accurate required information, including an email address that he or she uses regularly, at the time of placing an order.

Before concluding an order made through the Platform, Beachcomber Hot Tubs Orléans shall disclose and present the following information to the User prominently and in a comprehensible manner, so that the User may easily retain and print his or her order and correct any error before his or her order is registered:

• its name and, if applicable, any other name under which the Beachcomber Hot Tubs Orléans carries on business;
• its address;
• its telephone number;
• a productized list of the prices of the products or services ordered;
• the price of each item or service ordered, and any applicable fees and taxes;
• the total amount to be paid by the User in connection with the order;
• the date of the order;
• the place and time of delivery;
• reference to these Terms of Use, indicating the terms and conditions of cancellation, return, exchange or reimbursement;
• all other restrictions or conditions applicable to the order.

6. FEES AND SERVICES

All prices for products and services offered by the Establishments are quoted in Canadian Dollars. Each User is responsible for paying the price of all products and services ordered using his or her User account, including all applicable taxes.

7. PAYMENT

Users must make payment for their orders made via the Platform using one of the payment methods offered by Beachcomber Hot Tubs Orléans. When transactions are made through an intermediary such as PayPal, it is the Personal Information Protection Policy of such intermediary that applies to personal information that Users entrust such intermediary directly with. Each User irrevocably and expressly authorizes Beachcomber Hot Tubs Orléans to debit from, or to credit to, as the case may be, the account identified by the User at the time the order is made the amount payable in respect of the order made or any adjustments to payments.

Orders and payments made by a User to a Franchisee without using the Platform are not subject to these Terms of Use. If the User makes an order or payment through the Platform that gives rise to a complaint, the User must communicate with Beachcomber Hot Tubs Orléans. Any order or payment made by a User to a Franchisee through other means than the Platform and which gives rise to a complaint must be dealt with directly between the User and the Franchisee.

8. DELIVERY

Beachcomber Hot Tubs Orléans is taking the means commercially appropriate to ensure unimpeded delivery of all orders to Users. When you order multiple products simultaneously, Beachcomber Hot Tubs Orléans may ship them in a single shipment when possible and appropriate. The processing and the delivery of your order with Purolator can take up to 3 to 7 working days. The processing and the delivery of your order with a specialized delivery company can take 2 to 3 weeks from the order date for the greater Montreal area, and up to 3 to 6 weeks for remote areas. The carrier will contact the User to set the delivery date.

1. a) RE-STOCKING FEE

A 15% re-stocking fee may be charged for any returned item.

1. b) SALES TAX

Beachcomber Hot Tubs Orléans collects sales taxes depending on where the order originates and remits them to the appropriate government authorities.

1. c) INSPECTION

Upon receipt of your order, you must visually inspect the shipped item(s). The User must refrain from accepting any Delivery Notice/Receipt (Waybill) for a product that would be visibly damaged or in bad condition. Should a product appear damaged, please refuse the package and immediately notify our Customer Service of the situation by writing to us through the “Contact us” section of our web site.

1. d) LARGE ITEMS

Large products (such as above ground swimming pools, spas, saunas, gazebos and garden furniture and other large products) are delivered through specialized shipping companies commissioned for these types of deliveries. They can deliver right up to your door, or to a specific place of your choice for an additional pre-determined fee. These companies will communicate with you in advance to establish a delivery date.

It is very important that you take great care in inspecting the merchandise you will receive from the carriers prior to signing to accept Delivery. You must also pay attention to any possible external damage that the package(s) may have suffered, and to remove all content from the package(s) in presence of the delivery person in order to determine if a product has any apparent defect. Should you discover any defect, whether apparent or not, specify it on the Delivery Notice/Receipt (Waybill). Should a product have a defect which render it unfit for the use, do not accept it and write « Delivery refused due to defect » on the Delivery Note/Receipt (Waybill).

Once you unpack the merchandise, if you discover any defect that were not readily apparent upon receipt, please notify us within 48 hours of delivery using the form provided in the « Contact us » section in order to rectify the situation.

Please note that Beachcomber Hot Tubs Orléans is not responsible for any latent defect known to you or any apparent defect subsequent to your signature of the Delivery Notice/Receipt (Waybill) to accept delivery. However, Beachcomber Hot Tubs Orléans may assist you in resolving your claim with the carrier, if warranted.

1. e) SATISFACTION

Any product refused upon delivery will be replaced in accordance with the Terms of Use herein, and any eventual error on our part will be corrected as soon as possible.

1. f) QUESTIONS

Should you have questions regarding delivery of your order, please do not hesitate to contact our Customer Service via our web site’s « Contact us » section.

9. CANCELLATION, RETURN, REFUND AND EXCHANGE

You may cancel your order made via the Platform if you have not received a copy of the contract corresponding to your order within 48 hours of such order.

Except for those products identified as “final sale”, and subject to the following restrictions on certain categories of products, you can cancel a purchase within forty-eight (48) hours of the purchase by contacting our customer service, accessible via the “Contact Us” section of our website, subject to validation by a representative of Beachcomber Hot Tubs Orléans. For any exchange or refund, in the 10 next days of the delivery, the product to be exchanged must be in the same condition as when delivered, that is to say, in the original packaging and in good condition. Beachcomber Hot Tubs Orléans will refund you according to the original method of payment. No cancellation or exchange are possible for swimsuits and chemicals.

A 15% re-stocking fee may be charged for any returned item.

If you need to return a product, start your return process by sending an email via the “Contact Us” section of our website. You’ll need to have the original order number, the name of the product, the reason for returning it and a (digital) photo of the product showing the condition of its packaging. Even if the packaging is intact, a (digital) photo is required for all return requests.

In addition, and unless notice to the contrary or delivery error made by Beachcomber Hot Tubs Orléans, shipping and reshipping costs are at your expense. Any item returned without a return merchandise authorization number will result in rejection and returned of the product to you at your expense.

10. ERRONEOUS INFORMATION

Although Beachcomber Hot Tubs Orléans takes great care to ensure the accuracy of all product prices and descriptions on our web site, the User acknowledges and agrees to refrain from holding Beachcomber Hot Tubs Orléans responsible for any typographical, photographical or pricing errors which may occur, and be corrected at any time, and any damage or inconvenience caused by such errors. In the event that a product is mistakenly listed at an incorrect price, Beachcomber Hot Tubs Orléans reserves the right to refuse or cancel any orders placed by a User for any products or services listed at an incorrect price or out of stock. If your account has already been charged for the purchase and your order is cancelled or refused, Beachcomber Hot Tubs Orléans may reimburse you by crediting the concerned amount to the account identified when the order was placed.

11. CLOSING YOUR ACCOUNT

You may terminate your User account at any time by making a request to Beachcomber Hot Tubs Orléans. Even in the event of termination of your User account, these Terms of Use shall continue to apply.

12. PROHIBITED CONTENT AND/OR ACTIVITY

The User acknowledges and agrees that Beachcomber Hot Tubs Orléans may take any action in its sole discretion against anyone who infringes any of its rights, including without limitation, removing the offending content from the Platform or terminating the User account of any User.

In addition, the User agrees not to:

• circumvent, modify, delete, disable or interfere with any security technology or software that is part of this Platform;
• collect electronic addresses (including email addresses), passwords or other personal information of other Users of the Platform by any means;
• disrupt the normal flow of dialogue on the Platform with an excessive amount of content (flooding attack) or otherwise negatively affect other Users’ ability to use the Platform
• use the Platform in any manner that could interfere with the general use of the Platform;
• transmit junk mail or spam;
• impersonate another User or falsely state or otherwise misrepresent your identity;
• use the User account of another user without such user’s authorization;
• transfer your Beachcomber Hot Tubs Orléans User account to another person without Beachcomber Hot Tubs Orléans’s consent.

13. TRADEMARKS AND BUSINESS NAMES

But for the trade-marks and trade-names of its suppliers and unless otherwise specified, all trade-marks or trade-names (collectively, the “Marks”) displayed on this Platform are trade-marks or trade-names of Beachcomber Hot Tubs Orléans. You agree not to adopt, use or reproduce the Marks or any trade-marks or trade-names which may be confused with the Marks without the prior written, specific and express approval of Beachcomber Hot Tubs Orléans.

14. EXCLUSION OF WARRANTY

Beachcomber Hot Tubs Orléans makes no warranty of any kind regarding this Platform, which is provided on an ‘as is’ basis. Beachcomber Hot Tubs Orléans does not warrant the accuracy, completeness, currency or reliability of any of the content or data found on this Platform and Beachcomber Hot Tubs Orléans expressly disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular use and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Beachcomber Hot Tubs Orléans makes no warranty that this Platform, its servers or any e-mail sent from Beachcomber Hot Tubs Orléans are free of viruses or other harmful components.

15. LIMITATION OF LIABILITY

Beachcomber Hot Tubs Orléans shall not be liable for any damages resulting from or in connection with the use of this Platform.

16. VIOLATION OF TERMS AND INDEMNIFICATION

The User agrees to report any violations of these Terms of Use by sending written notice thereof by email to beachcomberorleans@outlook.com. Beachcomber Hot Tubs Orléans’ failure to act promptly with respect to a breach of the Terms of Use does not amount to a waiver of any right to claim indemnification for any damages arising from such breach or to act with respect to subsequent or similar breaches.

User agrees to indemnify and hold harmless Beachcomber Hot Tubs Orléans against any claims or expenses relating to (i) breach of any of these Terms of Use by any person; (ii) the User’s negligence or misconduct, or (iii) claims that User has infringed any right of a third party.

The User agrees to indemnify Beachcomber Hot Tubs Orléans for any damage caused by the User to Beachcomber Hot Tubs Orléans.

17. NO PARTNERSHIP OR AGENCY

The User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between the User and Beachcomber Hot Tubs Orléans as a result of the use of the Platform.

18. PRIVACY

Beachcomber Hot Tubs Orléans protects the personal information of the Users who use this Platform and has implemented a personal information protection policy. Beachcomber Hot Tubs Orléans encourages you to carefully read it. The User expressly consents to the collection, use, communication and retention by Beachcomber Hot Tubs Orléans of its personal information and all other information disclosed by it to Beachcomber Hot Tubs Orléans (and which it may disclose in the future) pursuant to the terms of that policy.

19. MISCELLANEOUS

These Terms of Use shall be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. These Terms of Use constitute the entire agreement between you and Beachcomber Hot Tubs Orléans and govern your use of the Platform, superseding any prior agreements that you may have with us.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, 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 Terms of Use shall continue in effect.

20. ACKNOWLEDGEMENT

By your use of this Platform, you acknowledge and agree that you have read, understood and agreed to abide by these Terms of Use.

21. COMMUNICATIONS

If you would like to request additional information regarding these Terms of Use, please contact us at ecommerce@clubpiscine.ca. Our postal coordinates are as follows:

BEACHCOMBER HOT TUBS ORLÉANS
1993 St. Joseph Blvd,

Orléans, ON

K1C1E5