1. Introduction
Welcome to Mountain Spas, located at https://www.mountainspasutah.com/ (“the Website”). By accessing or using the Website, you agree to comply with and be bound by these Terms and Conditions. Please read them carefully before using the Website. If you do not agree with these Terms, you are prohibited from using this Website.
Mountain Spas reserves the right to amend these Terms and Conditions at any time without prior notice. Changes will be effective immediately upon posting to the Website, and your continued use of the Website following any changes indicates your acceptance of those changes.
2. Definitions
In these Terms:
- “We,” “us,” and “our” refer to Mountain Spas.
- “You” and “your” refer to the user or visitor of the Website.
- “Products” refer to the hot tubs, accessories, and other related items listed for sale on our Website.
3. Use of the Website
- Eligibility: You must be at least 18 years of age to use this Website. By using this Website, you confirm that you meet this eligibility requirement.
- Account Registration: You may be required to register an account to access certain features of the Website. It is your responsibility to maintain the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.
- Permitted Use: You are granted a limited license to access and use the Website solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works of the Website without our express written permission.
- Prohibited Use: You agree not to:
- Use the Website for any illegal purposes or in violation of any applicable laws.
- Attempt to gain unauthorized access to the Website or its related systems or networks.
- Use the Website in a manner that could damage, disable, overburden, or impair the Website.
- Post or transmit any unlawful, defamatory, harassing, obscene, or harmful content on the Website.
4. Products and Pricing
- Product Descriptions: We strive to ensure that the information about our products is accurate. However, we do not warrant that product descriptions or other content on the Website is error-free. If a product offered on the Website is not as described, your sole remedy is to return it in unused condition as outlined in our Return Policy.
- Pricing: All prices listed on the Website are in U.S. dollars unless otherwise indicated. We reserve the right to change prices for products at any time without notice.
- Errors in Pricing: In the event that a product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your payment processed. If your payment has already been processed for the purchase, we will issue a refund in the amount of the incorrect price.
5. Orders and Payment Terms
- Order Acceptance: All orders are subject to acceptance by Mountain Spas. We reserve the right to refuse or cancel any order for any reason at any time. Once you place an order, you will receive a confirmation email acknowledging your order, but this does not constitute acceptance of your order. A binding contract will only be formed once we have processed and shipped your order.
- Payment Methods: We accept various payment methods, including credit cards, debit cards, and other payment methods as listed on the Website. By submitting payment information, you represent and warrant that you have the legal right to use the payment method.
- Payment Processing: Payments are processed securely using third-party payment gateways. We do not store your payment details. You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Website.
- Taxes: Sales tax will be added to the purchase price where applicable. You are responsible for paying any other taxes that may apply to your purchase.
6. Shipping and Delivery
- Shipping Policy: We ship products within the U.S. and to certain international locations. The estimated shipping times will be provided at the time of checkout. Delivery times are estimates and may vary based on location, shipping method, and product availability.
- Shipping Costs: Shipping costs are calculated based on your delivery address and the size of the product. You are responsible for paying all shipping and handling charges.
- Delivery Issues: Mountain Spas is not responsible for any delays caused by third-party shipping companies, customs, or factors beyond our control.
- Risk of Loss: All purchases are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
7. Return and Refund Policy
- Return Policy: You may return any unused and undamaged products within 30 days of the delivery date. To initiate a return, please contact us at mountainspasutah@gmail.com for a return authorization. Shipping costs for returns are the responsibility of the customer unless the return is due to our error.
- Refunds: Once your returned product has been received and inspected, we will process your refund. Please allow up to 14 business days for the refund to be credited to your original payment method.
8. Limitation of Liability
To the fullest extent permitted by law, Mountain Spas and its affiliates shall not be liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use the Website or the products purchased through the Website. This includes, but is not limited to, damages for loss of profits, goodwill, data, or other intangible losses.
In no event shall Mountain Spas‘ total liability to you for all claims arising out of or relating to the use of the Website or any products purchased from the Website exceed the total amount paid by you to Mountain Spas during the six months preceding the claim.
9. Indemnification
You agree to indemnify, defend, and hold harmless Mountain Spas, its officers, directors, employees, and affiliates from and against any and all claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising out of or related to your use of the Website, violation of these Terms and Conditions, or infringement of any intellectual property or other rights of any third party.
10. Intellectual Property
All content on the Website, including text, images, logos, graphics, and software, is the property of Mountain Spas or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute any content from the Website without our express written permission.
11. Governing Law and Jurisdiction
These Terms and Conditions and any disputes arising out of or related to the use of the Website or the purchase of products shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. Any legal actions arising from or relating to these Terms will be brought exclusively in the courts located in the State of Utah.
12. Termination
We may terminate or suspend your access to the Website at any time, without notice, for conduct that we believe violates these Terms and Conditions or is harmful to Mountain Spas, our users, or third parties.
13. Contact Information
If you have any questions regarding these Terms and Conditions, please contact us at:
Mountain Spas
Email: mountainspasutah@gmail.com
Phone: 801-458-2251
Website: https://www.mountainspasutah.com/