Introduction
Welcome to the Summer Waves® Pool, Pump, Above Ground Pool website at summerwavesshop.com (the “Site”). This Site is operated by Summer Waves (“Summer Waves“, “we“, “us” and/or “our“). Please read these Terms and Conditions (“Terms“) carefully before using our Site, services, applications, or products (collectively referred to as the “Services“). The Terms constitute a legally binding agreement between you and Summer Waves regarding your access to and use of the Services.
Acceptance of Terms
By accessing, browsing or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any future amendments. If you do not agree to these Terms, you may not access or use our Services. These Terms expressly supersede and replace any prior agreements.
Description of Services
Summer Waves offers a variety of above ground swimming pools, pool accessories, parts and swimming pool supplies through our Site for home delivery. We make every effort to display accurate product images and information on our Site, including prices, shipping costs and product availability. However, please note that images, information and pricing may change at any time. Summer Waves reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. We apologize for any inconvenience this may cause.
For more details about our products and services, please refer to the individual product descriptions on our Site.
Placing Orders
By placing an order on our Site, you represent that you are at least 18 years old and are legally capable of entering into contracts. You may browse our Site and add items to your cart without registering for an account. However, to complete checkout and place an order you will need to register and create an account.
When placing an order, you agree that the prices and availability of goods are subject to change at any time. A binding contract is only formed between you and Summer Waves once your order has shipped, and we have sent you a shipment confirmation email with tracking information. If payment is not received by Summer Waves or if there are any other problems processing your order, no contract will have been formed and we reserve the right to cancel your order.
Payment
We accept Visa, Mastercard, American Express, Discover and PayPal as payment for orders through our Site. All transactions are processed through secure encryption technology to protect your personal and payment information.
By submitting your payment information, you represent that you are authorized to use the payment instrument being used. If your payment fails or is unable to be completed for any reason, we reserve the right to cancel your order. You also authorize Summer Waves to periodically charge your payment method for any unpaid balances related to your account.
Sales Tax
If you purchase goods to be delivered within the same state as our warehouse location, you may be charged applicable state and local sales tax depending on tax laws in your jurisdiction. Sales tax rates are based on your delivery address and the taxability of products you purchase. We partner with Avalara to manage our sales tax calculations.
Shipping & Delivery
We make every effort to ensure timely delivery of your order. However, delays can occasionally occur during periods of high order volume. Summer Waves is not liable for any delays caused by manufacturers, suppliers or carriers.
Depending on your location and selected shipping option, we estimate delivery within 3-7 business days after your order has shipped. Shipping costs will be clearly displayed during checkout based on weight and destination. You will receive a shipment confirmation email with tracking information once your order has actually shipped from our warehouse.
Returns & Exchanges
If you are not fully satisfied with your purchase, you can return eligible items in new and unused condition for a full refund within 30 days of delivery. To initiate a return, please contact our Customer Service team for return shipping instructions.
Most items can be returned for a refund of the purchase price paid, minus any applicable shipping and handling costs. However, customized or special order products are generally non-returnable. Summer Waves reserves the right to determine refund eligibility in its sole discretion.
Exchanges are handled as a return and repurchase. You will need to return the item you want to exchange and place a new order for the replacement item. For defective, damaged or incorrect items, please contact us right away and we will make arrangements for a replacement.
Cancellations
If you need to cancel an order that has not yet shipped, please contact Summer Waves Customer Service immediately so that we can attempt to stop or modify the order if possible. However, we cannot guarantee cancellations of orders that are already in process.
For orders that have already shipped, please follow our returns procedure above to obtain a refund. You will be responsible for actual return shipping costs.
Product Warranties
Summer Waves will pass through any applicable manufacturer warranties to the end customer for products sold through our Site. For details on specific warranty coverage, limitations and exceptions, please refer to the manufacturer’s warranty included with your product.
Summer Waves does not provide any additional warranties beyond the manufacturer’s warranty. Some states do not allow limitations on implied warranties, so the above limitation may not apply to you. Contact Summer Waves Customer Service if you have any issues with a product while it is under manufacturer’s warranty. We will assist with facilitating warranty coverage through the manufacturer on your behalf.
Disclaimer of Other Warranties
EXCEPT AS EXPRESSLY COVERED UNDER MANUFACTURER WARRANTIES, SUMMER WAVES PROVIDES ALL PRODUCTS STRICTLY ON AN “AS IS” BASIS AND DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SUMMER WAVES MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON ITS SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SUMMER WAVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SERVICES OR PRODUCTS, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS, MISUSE OR DISCLOSURE OF DATA OR CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, BREACH OF WARRANTY, OR THE RIGHTS GRANTED HEREUNDER. THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH DAMAGES ARE SOUGHT.
IN NO EVENT SHALL SUMMER WAVES TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO SUMMER WAVES FOR PRODUCTS OR SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.
Indemnification
You agree to defend, indemnify and hold harmless Summer Waves and our affiliates, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including but not limited to attorney’s fees) arising directly or indirectly out of your use of the Services, violation of these Terms, violation of any rights of any other person or entity, or breach of any applicable laws or regulations.
Intellectual Property
The Site design, text, images, graphics, logos, interfaces, trademarks, trade names, service marks and other distinctive brand features are the property of Summer Waves. You may not alter or remove any copyright, trademark or other proprietary notice contained on the Site or in Site Content.
The content on the Site, including without limitation proprietary Summer Waves product names, descriptions, images and logos (“Site Content”) is the property of Summer Waves or its content suppliers and protected by copyright, trademark and other US and foreign laws. Any commercial use of Site Content is strictly prohibited without express prior written consent from Summer Waves.
Security
Any usernames, passwords or other registration or account information provided by you on this Site is personal to you and may not be transferred or shared with any other person. You are responsible for maintaining the confidentiality of your username and password and restricting access to your account. You are liable for any harm or loss incurred by Summer Waves or any third party due to someone else using your password or account. Please notify us immediately if you become aware of any unauthorized use, loss or theft of your username or password.
Privacy
Please refer to our Privacy Policy for details regarding how we collect, use and disclose information from our users. The terms of our Privacy Policy are hereby incorporated into the Terms.
Changes to the Terms
We reserve the right to update these Terms at any time in our sole discretion. If we make material changes to the Terms, we will endeavor to notify you via a notice on our Site’s homepage. It is your responsibility to periodically review the Terms for updates. Your continued access or use of our Services constitutes your acceptance of any changes. The amended Terms will be effective as of the time of posting. If you do not agree with any amended Terms, you must discontinue using our Services.
Termination
We reserve the right to suspend or terminate your right to access or use the Services if you violate these Terms or engage in any illegal or fraudulent use of the Services. Upon any such termination, your right to access and use the Services will immediately cease. You will remain liable for any obligations arising from activities prior to the termination and for any other acts required of you under applicable law.
Governing Law
These Terms and any disputes arising out of or related to the Terms or our Services will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws.
Arbitration & Dispute Resolution
You agree that any dispute between you and Summer Waves regarding these Terms or use of the Services will be resolved exclusively through confidential binding arbitration before a single neutral arbitrator, and not in court. The arbitration process shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and the Supplementary Procedures for Consumer Related Disputes. Judgment on the arbitration award may be entered in any court with jurisdiction. Any arbitration will be conducted in New York, New York unless you and Summer Waves agree otherwise.
No Class Actions
You may only resolve disputes with us on an individual basis. You agree not to bring or participate in any class or representative action against Summer Waves or seek any form of collective relief.
Miscellaneous
These Terms constitute the entire agreement between you and Summer Waves with respect to your access and use of the Services. The failure of Summer Waves to exercise or enforce any right or provision in these Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so the Terms shall otherwise remain in full force and effect.