TERMS AND CONDITIONS OF SALE
Last Updated: August 3, 2020
THIS DOCUMENT (THE “TERMS”) CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM BAREFOOTSPAS.COM (THE “SITE”), YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND HAVE RECEIVED A FULL COPY; AND (B) ACCEPT AND AGREE THAT YOU ARE BOUND BY THESE TERMS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH BAREFOOT SPAS LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
I. Order Acceptance
You agree that your Order is an offer to buy, under these Terms, all products and services listed in your Order. All Orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any Orders in our sole discretion. After having received your Order, we will send you a confirmation email with your Order number and details of the items you have ordered. Acceptance of your Order and the formation of the contract of sale between the Seller and you will not take place unless and until you have received your Order confirmation email.
II. Electronic Signature and Acceptance
Terms are paperless. You hereby agree to any and all legally binding agreements with the Seller to be signed with electronic signature. The Terms comprise the entire agreement between the parties affecting this purchase. No oral agreements or understandings shall be binding. The Buyer(s) acknowledge(s) that he/she/they have been given an opportunity to review all Terms prior to signing. By executing the Terms, the Buyer(s) acknowledge(s) he/she/they have read all of its terms and has/have received a full completed copy.
III. Prices and Payment
The price for all goods and/or services in your Order are shown as the “Total Price” on the Site. By signing these Terms, the Buyer(s) agree(s) to purchase these goods and/or services and will pay the “Total Price” indicated on for the Order on the Site together with any and all additional charges, which may occur according to the Terms .
The amount indicated as “Total Price” must be paid in full before the goods are delivered Payment must be made by credit card. The Seller does NOT provide financing and it is the responsibility of the Buyer(s) to finalize all payments prior to delivery and or/removal. You represent and warrant that (A) the credit card information you supply for purchase of any goods and services through the Site is true, correct, and complete, (B) you are duly authorized to use such credit card for the purchase, (C) charges incurred by you will be honored by your credit card company, and (D) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
IV. Pre-Installation & Electrical Instructions
The Buyer(s) is/are responsible for providing an adequate flat level surface area built to code for placement of the products. The Buyer(s) MUST contract with a professional, licensed electrician to complete the required electrical connections. The Buyer(s) understands that neither the Seller nor the delivery contractor are licensed electricians, and they cannot provide an estimate of cost or provide any advice related to the electrical requirements. The Buyer(s) acknowledge(s) and agree(s) that the surface area on which the product is to be installed must be built according to local laws and regulations. The spa MUST be placed on a perfectly flat and level surface and cannot be “shimmed.”
V. Shipments; Delivery and/or Removal; Title and Risk of Loss
The Buyer(s) understand(s) and acknowledge(s) the delivery may be handled through a third-party and/or independent contractor. Deliveries are curbside deliveries. The Buyer(s) understand(s) that possession takes place at the time of sale and is FOB origin. Only the products indicated on the Order will be delivered. The Buyer(s) must be present when the products(s) is/are delivered and provide a signature. It is the Buyer(s) responsibility to inspect product(s) prior to accepting and signing for delivery.
The Buyer(s) understand(s) that the Seller has never seen the installation site. If the Buyer's delivery address is too remote for standard shipping, or if the delivery is attempted and incomplete forcing the product to be returned to the shipper, the Buyer(s) will be responsible to retrieve the product from the shipping hub at hit/her/their own expense. Any return freight expense is the sole responsibility of the Buyer(s). Neither the Seller, nor the delivery crew, can guarantee a specific time or date for the delivery.
The Seller is NOT responsible for ANY damage to the product and/or property during shipping and delivery.
VI. No Warranty (click here to see manufacturer's warranty)
THE SELLER MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE CONCERNING THE GOODS AND/OR SERVICES SOLD UNDER THESE TERMS.
All sales are considered custom orders and/ are NOT returnable. ALL SALES ARE FINAL. NO REFUNDS. NO RETURNS. NO EXCHANGES. Any payment made in any form by any entity up to the time of cancellation are considered the restocking fee and are forfeited.
VIII. Goods Not for Resale or Export
You represent and warrant that you are buying products or services from the Site for your own personal use only, and not for resale or export.
IX. Limitation of Liability and Damages
THE SELLER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE BUYER(S) USE OR INABILITY TO USE THE GOODS OR SERVICES PURCHASED UNDER THESE TERMS REGARDLESS OF WHETHER THE SELLER RECEIVED NOTICE OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE SELLER EXCEED THE SUM PAID BY THE BUYER(S) UNDER THESE TERMS. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE AND EXTEND TO BENEFIT THE SELLER’S EMPLOYEES, AGENTS, AND REPRESENTATIVES, AS THIRD-PARTY BENEFICIARIES.
X. Indemnification Against Third-Party Claims
In the event that any person, not a party to this agreement, shall make a claim or file any lawsuit against the Seller, its employees, agents, representatives, or assigns, for any reason whatsoever relating to the products or services provided by the Seller, the Buyer(s) agree(s) to indemnify, defend, and hold harmless the Seller from and against any and all claims, lawsuits, liability, expense, and loss, whether such claims and lawsuits be based upon alleged recklessness, active or passive negligence, express or implied contract or warranty, contribution, or indemnification, or strict products liability on the part of the Seller, its employees, agents, representatives or assigns. This indemnification provision shall survive the termination or expiration of these Terms.
XI. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
XII. Governing Law & Attorney’s Fees and Costs
All matters arising out of or relating to these Terms are governed and enforced in accordance with the internal laws and regulations of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule. The Buyer(s) agree(s) to the exclusive jurisdiction and venue for any action arising out of these Terms in the courts located in Chesterfield County, Virginia. The Buyer(s) agree(s) to pay any and all fees including but not limited to attorney’s fees, collection costs and expenses together with all other fees which may occur as a result of default or failure to pay according to the Terms.
The Buyer(s) agree(s) to pay the Seller’s attorney’s fees and/or collection costs for any action brought to enforce the Terms.
XIII. CLASS ACTION WAIVER
Any proceeding arising out of or relating to the Terms shall be limited to the dispute between Seller and you individually. To the full extent permitted by law, (1) no proceeding shall be joined with any other; (2) there shall be no right or authority for any dispute to be resolved on a class action-basis or to utilize class action procedures; and (3) there shall be no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST SELLER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Seller. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.