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. (“Atmosphere Hot Tubs & Leisure”), which includes the websites accessible at www.beachcomberhottubsorleans.ca or www.beachcomberorleans.com and any current or future downloadable electronic application published by Atmosphere Hot Tubs & Leisure (the “Platform”).
This Platform is made available to Users by Atmosphere Hot Tubs & Leisure. 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.
Atmosphere Hot Tubs & Leisure 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 Atmosphere Hot Tubs & Leisure may offer and sell its products and where Users may browse, purchase and receive such products and services directly from Atmosphere Hot Tubs & Leisure.
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 Atmosphere Hot Tubs & Leisure, 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 Atmosphere Hot Tubs & Leisure or third parties or through other sources.
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 Atmosphere Hot Tubs & Leisure. 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 Atmosphere Hot Tubs & Leisure. You acknowledge and agree that Atmosphere Hot Tubs & Leisure may hold you accountable for any such unauthorized use of your User account.
Atmosphere Hot Tubs & Leisure 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.
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, Atmosphere Hot Tubs & Leisure 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:
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.
Users must make payment for their orders made via the Platform using one of the payment methods offered by Atmosphere Hot Tubs & Leisure. 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 Atmosphere Hot Tubs & Leisure 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 Atmosphere Hot Tubs & Leisure. 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.
Atmosphere Hot Tubs & Leisure is taking the means commercially appropriate to ensure unimpeded delivery of all orders to Users. When you order multiple products simultaneously, Atmosphere Hot Tubs & Leisure 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.
A 15% re-stocking fee may be charged for any returned item.
Atmosphere Hot Tubs & Leisure collects sales taxes depending on where the order originates and remits them to the appropriate government authorities.
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.
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 Atmosphere Hot Tubs & Leisure 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, Atmosphere Hot Tubs & Leisure may assist you in resolving your claim with the carrier, if warranted.
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.
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.
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 Atmosphere Hot Tubs & Leisure. 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. Atmosphere Hot Tubs & Leisure 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 Atmosphere Hot Tubs & Leisure, 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.
Although Atmosphere Hot Tubs & Leisure 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 Atmosphere Hot Tubs & Leisure 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, Atmosphere Hot Tubs & Leisure 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, Atmosphere Hot Tubs & Leisure may reimburse you by crediting the concerned amount to the account identified when the order was placed.
You may terminate your User account at any time by making a request to Atmosphere Hot Tubs & Leisure. Even in the event of termination of your User account, these Terms of Use shall continue to apply.
The User acknowledges and agrees that Atmosphere Hot Tubs & Leisure 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:
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 Atmosphere Hot Tubs & Leisure. 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 Atmosphere Hot Tubs & Leisure.
Atmosphere Hot Tubs & Leisure makes no warranty of any kind regarding this Platform, which is provided on an ‘as is’ basis. Atmosphere Hot Tubs & Leisure does not warrant the accuracy, completeness, currency or reliability of any of the content or data found on this Platform and Atmosphere Hot Tubs & Leisure 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. Atmosphere Hot Tubs & Leisure makes no warranty that this Platform, its servers or any e-mail sent from Atmosphere Hot Tubs & Leisure are free of viruses or other harmful components.
Atmosphere Hot Tubs & Leisure shall not be liable for any damages resulting from or in connection with the use of this Platform.
The User agrees to report any violations of these Terms of Use by sending written notice thereof by email to beachcomberorleans@outlook.com. Atmosphere Hot Tubs & Leisure’ 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 Atmosphere Hot Tubs & Leisure 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 Atmosphere Hot Tubs & Leisure for any damage caused by the User to Atmosphere Hot Tubs & Leisure.
The User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between the User and Atmosphere Hot Tubs & Leisure as a result of the use of the Platform.
Atmosphere Hot Tubs & Leisure protects the personal information of the Users who use this Platform and has implemented a personal information protection policy. Atmosphere Hot Tubs & Leisure encourages you to carefully read it. The User expressly consents to the collection, use, communication and retention by Atmosphere Hot Tubs & Leisure of its personal information and all other information disclosed by it to Atmosphere Hot Tubs & Leisure (and which it may disclose in the future) pursuant to the terms of that policy.
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 Atmosphere Hot Tubs & Leisure 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.
By your use of this Platform, you acknowledge and agree that you have read, understood and agreed to abide by these Terms of Use.