Terms & Conditions

 

EB Aquatics, LLC  Terms & Conditions

 

SHIPPING AND DELIVERY

 

EB Aquatics, LLC (“EB Aquatics,” “us,” or “our”) normally ships UPS Ground, USPS and Common Carrier.  UPS Ground Delivery delivers Monday – Friday and will request a signature for delivery. The person accepting delivery will need to be at least 18 years of age. Where the items exceed UPS limitations, we will ship using a Common Carrier. Please inspect your packages upon receipt for concealed damage. By signing the bill of lading you are certifying that all items are in good condition. After signing, there is no recourse for damages, even concealed damage. Common Carrier shipped items include large pumps, filters, or equipment packages, large steps, pool heaters, pools and pool slides, among other items.

 

Alaska, Hawaii, Puerto Rico and Bahamas residents, please call for shipping rates. Some chemicals may not be available outside the 48 contiguous states, due to airline regulations.

 

Common Carrier shipments may require assistance unloading.

 

Freight costs will be quoted at time of shipment.

 

INTERNATIONAL DELIVERY

 

EB Aquatics will ship UPS International or use U.S. Postal Service. Please contact our Customer Service Department at [email protected] shipping availability outside of the 48 contiguous United States.

 

DROP SHIPMENT ORDERS

 

Many products, such as parts and pool furniture, will drop ship directly from our suppliers to expedite delivery. Items being shipped from a supplier may take 7 – 10 days to deliver.

 

BACKORDERS

 

Despite our best efforts, items are sometimes out of stock due to a high demand. Items in stock will be shipped immediately; back-ordered items will be shipped the same day they are received in our warehouse. If you cannot wait for a back-ordered item, contact our Customer Service Department to determine if a substitute product or other option is available.

 

CUSTOM ORDERS

 

The customer is solely responsible for insuring that any custom ordered product meets all applicable codes and guidelines that pertain to the customers’ requirements and the product’s application.

 

It is the customers’ sole responsibility to ensure that all dimensions and other customer supplied information is accurate and correct.

 

EB AQUATICS DOES NOT ACCEPT RESPONSIBILITY FOR ANY ERRORS.  EB AQUATICS MAY PROVIDE RECOMMENDATIONS ABOUT PRODUCTS, BUT IT IS THE CUSTOMER’S SOLE RESPONSIBILITY TO ENSURE THAT THE PRODUCT IS THE CORRECT PRODUCT FOR THE PURPOSE INTENDED.

 

PRINTED ADVERTISEMENTS

 

EB Aquatics is not responsible for inadvertent misprints or errors. All published prices are subject to change without notice.

 

RETURN POLICY

 

Merchandise returned for credit must be shipped with a Returned Goods Authorization number clearly marked on the outside of the package. You will be given a number and a return destination when you call us to arrange a return. All merchandise must returned freight prepaid.

 

Authorized returns must be in original condition and are subject to a 25% restocking fee. A higher fee may be charged on products where the supplier restocking fee is greater. Custom ordered merchandise and chemicals are non-returnable and non-refundable. All returns must be made within 30 days. Purchaser is responsible for all shipping charges.

 

Due to the nature of the product, returns will not be accepted on special/custom orders (except for manufacturer defects).

 

Shipping and handling fees are non-refundable.

 

PRODUCT WARRANTY

 

Warranty claims for defective items are presented to the manufacturer of the item. Please contact the manufacturer directly for assistance with making a warranty claim.

 

DISCLAIMER OF WARRANTIES

 

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

 

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS, WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.

 

DAMAGED PRODUCT

 

INSPECT YOUR FREIGHT IMMEDIATELY UPON DELIVERY. You are responsible for verifying the quantity and condition of the shipment upon receiving. If there is a concern related to the quantity of packages received, note this on the freight bill. If you notice any damage to the packaging, describe it on the freight bill and file a freight claim with the shipper. If you suspect hidden freight damage, explain it on the freight bill, inspect immediately and contact the freight carrier within the time limit allowed by the carrier. The purchaser is responsible for reporting all freight claims within the time limit allowed by the freight carrier. It is important that upon receipt, the buyer or freight recipient inspect and count all freight. EB Aquatics is not responsible for freight claims.

 

RECEIVED WRONG PRODUCT

 

If you received a product other than the one you ordered, please contact our Customer Care Department within 7 days to rectify the issue. EB Aquatics will assist with a return shipping label and a reshipment of the correct product.

 

PRODUCT SUBSTITUTIONS

 

EB Aquatics reserves the right to substitute any product offered for sale by EB Aquatics with an equivalent product made by a different manufacturer. This may occur in the rare case that the current manufacturer is unable to provide a product advertised.

 

CANCELLATIONS

 

To cancel an order you must call our Customer Care Department [email protected] must be cancelled before the item has shipped and in any event must be cancelled within 24 hours of the time of order.

 

EMAIL REPLIES

 

Please note that sometimes customers have a lot of trouble receiving emails due to the use of anti-spam protection software and firewall programs.  This is specifically a problem with AOL,  and Hotmail and email accounts. Although sometimes useful, these programs are causing a tremendous amount of frustration and confusion for both our customers and our Customer Care Staff.  We do respond to each and every Order Status Request promptly.  If you do not get your email response in your normal email "in-box", please check your "spam" or "bulk email" folders in your email program for our response. If you get your email through a business (or work) computer system, you may also want to make sure that anything from EB Aquatics is not being blocked by commonly used firewall protection programs such as "Barracuda", "Spam Assassin" and others.  Please realize that we cannot be responsible for misdirected emails or the failure of anti-spam software that may or may not be installed on the computer or system you use to access your email account.

 

LIMITATION OF LIABILITY

 

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

 

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

 

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.