Terms and Conditions

These terms and conditions (the “Terms and Conditions“) govern the use of lakeshorepoolsandtubs.com (the “Site”). This Site is owned and operated by 2302515 Ontario Inc. o/a Lakeshore Pools & Hot Tubs. Lakeshore Pools & Hot Tubs offers this Site to you, conditional upon your acceptance of all the terms, conditions and notices of these Terms and Conditions. The terms ‘us’ ‘our’ or ‘we’ refers to Lakeshore Pools & Hot Tubs. The terms ‘you’ and ‘your’ refers to the users of the Site.

By visiting the Site and/or purchasing something from the Site, you agree to be bound by these Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Site, including without limitation users who are visitors, customers, and/or contributors of content. Please read these Terms and Conditions carefully before accessing or using the Site. Your continued use of the Site constitutes your irrevocable agreement to be bound by these Terms and Conditions.

You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions at any time. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes your irrevocable acceptance of those changes. Any new features or tools which are added to the current online store are also subject to these Terms and Conditions.

This Site is an e-commerce website. Our store is hosted on WooCommerce. WooCommerce provides us with the online e-commerce platform that allows us to sell products and services to you. Any sale or provision of products or services to you by us, and any other services offered to you by us are referred to in these Terms and Conditions as “Services”. The terms ‘products’ and ‘goods’ are used interchangeably in these Terms and Conditions.

Intellectual Property

All content published and made available on our Site is the property of Lakeshore Pools & Hot Tubs and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Copyright

Any person is authorized to use, copy, and distribute any complete page or, where a document consists of more than one page, any complete document contained on this Site, including related graphics, subject to the following conditions:

Copying or distributing less than a complete page or (where a document consists of more than one page) the complete document is prohibited;
The copyright notice set forth above and this permission notice must appear on all copies;
Use, copying and distribution must be solely for informational, non-commercial purposes; and
No graphics elements of any page or document on this Site may be used, copied or distributed separate from the accompanying text.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Use of the Site and any reliance on the material on this Site is at your own risk. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, completeness and timeliness of the information and materials found or offered on this Site for any particular purpose. This Site may contain certain historical information. Historical information, by definition, is not current and is provided for your reference only. We reserve the right to modify or update the contents of the Site at any time, but we have no obligation to do so. You agree that it is your responsibility to periodically monitor changes to our Site.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site or in the Services we provide that contains errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any such information is inaccurate at any time without prior notice (including after you have submitted an order). We expressly disclaim to the fullest extent permitted by law all liability that you may incur as a result of such inaccuracies or errors. We undertake no obligation to update, amend or clarify information in the Services we provide or appearing on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information has been modified or updated.

Acceptable Use

As a user of our Site, you agree to use our Site legally and not to use our Site for any illegal, illicit, or immoral purposes. If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

User Contributions

Users may post on the Site public comments to review products or Services (“Comments”). You are solely responsible for your use of this Site and the Comments you provide. You are also responsible for ensuring that all Comments provided by you are owned by you, does not infringe upon the rights of others (including copyright, trademark or other proprietary rights) and complies with the laws, rules and regulations applicable to you and your use of this Site. You should only provide Comments that you are comfortable sharing with others.

You own and retain all title and other rights to Comments you submit, post or display on this Site. When you submit, post or display Comments on this Site, you automatically grant to us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute those Comments via this Site or by other means (such as via a mobile app connecting to this Site), and to grant sublicenses to others for such purposes. This license permits us to make your Comments available to other users and anyone else with access to our Site or Services.

You understand that, in accordance with the license granted to us in these Terms and Conditions, we may adapt or modify your Comments in order to, for example, have it display properly on various browsers and mobile devices.

Any Comments deleted by you or others is irretrievable and cannot be recovered or restored – we do not maintain archives or histories of this Site or any Comments.

We reserve the right to remove, at our discretion, any Comments that violates these Terms and Conditions, violates the rights of others (including copyright or trademark violations), has been submitted under false pretenses or by an imposter, or exhibits unlawful conduct or harassment.

Accounts

When you create an account on our Site, you agree to the following:

You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account;
You must notify us immediately if you discover unauthorized use of your account or passwords; and
All personal information you provide to us on this Site, through your account or otherwise is and will be up to date, accurate, and truthful and that you will update your personal information if it changes.

Your submission of personal information on this Site, through our online store or by other means is governed by our Privacy Policy.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site. These Terms and Conditions apply to all the goods that are displayed for sale on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about goods for sale are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk. We reserve the right to modify, reject or cancel your order whenever it becomes necessary in our sole but reasonable judgment to do so. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Third-Party Goods and Services

Our Site may offer goods and Services from third parties. We cannot guarantee the quality or accuracy of goods and Services made available by third parties on our Site.

We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of any Services.

Payments

We accept the following payment methods on our Site:

Credit Card; PayPal; and Debit.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. The collection, use and disclosure of this information is governed by our Privacy Policy.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made on this Site or at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

Shipping and Delivery

When you purchase goods from our Site, the goods will be delivered through one of the following methods:

Local orders delivered by Lakeshore Pools & Hot Tubs. Local delivery typically takes 2-3 business days; or
Non-local orders delivered by Regular Parcel and Expedited Parcel through Canada Post or UPS Standard, as selected by you at the time of purchase. Price and estimated delivery time are calculated by Canada Post.

Delivery will take place as soon as reasonably possible, depending on the delivery method chosen or available. Delivery times may vary due to unforeseen circumstances. Please note that deliveries do not take place on weekends and statutory holidays and these days may be excluded from any estimates of delivery time.

You will be required to pay delivery charges in addition to the price for the goods you purchase.

You may be eligible for FREE SHIPPING on orders over $299+HST to most of Ontario or $150+HST to the GTA and for delivery to selected postal codes.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

For more details on shipping and delivery options, please review our Shipping, Methods and Costs.

Products or Services

Certain products or Services may be available exclusively online through the Site. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue offering any product at any time. Any offer for any product or Service made on this Site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you from us will meet your expectations, or that any errors in the Service will be corrected.

Prices for our products and Services are subject to change without notice.

We reserve the right at any time to modify or discontinue any Service (or any part or content thereof) without notice.

For more detail, please review our Returns Policy below.

Refunds

Any refunds approved by Lakeshore Pools & Hot Tubs will be issued in the form of an in-store credit, which you can apply to a future online or in-store purchase.

Refund requests must be made within 24 hours after receipt of your goods, after which time all sales are final, no returns will be accepted and no refund requests will be permitted nor refunds issued.

We accept refund requests for goods sold on our Site for any of the following reasons:

Good is broken.
Good is the wrong size; or
Wrong Item shipped.

Damaged/Defective/Incorrect Items

In the event that the products in your order are damaged/defective, or we shipped you the wrong goods, please email us at store@lakeshorepoolsandtubs.com with the below particulars:

Damaged goods: If the outside packaging is damaged, please send us a picture of the damaged packaging before opening it so we can improve your experience for the future.
Defective goods: Most of our products are covered under a manufacturer’s warranty. Please email us with the details of why the product is defective, with pictures if applicable.
Wrong Item shipped: Email us with details on which product was ordered and what you received instead.

If we find that you need a replacement product in any of the above scenarios, we will deliver it to you at no cost.

Please do not ship anything back to the store as we cannot accept returns except in accordance with the Returns Policy below.

Substitutions

There may be times we substitute a product to fulfill your order without notice. If this occurs, we will only select a subsidized product that is of equal or greater quality and/or price to the original product that you ordered. You will be notified of any other substitutions.

Cancellation Policy

Orders may be canceled within 24 hours of purchase by emailing store@lakeshorepoolsandtubs.com. A 10% cancellation/restocking free will be applied before any refund is issued.

After 24 hours, or if the product you ordered has shipped or has been delivered, the sale is final, and no returns will be accepted, or refunds issued.

All orders are automatically processed on our secure merchant processor and ordered products are sent for shipment as soon as orders are placed. We understand that orders might sometimes need to be changed and if that happens, we will accommodate your request for the change if we can, however, no charge to your order can be accommodated once the goods related to such order have been shipped. We will adhere strictly to the following change and cancellation policy:

If you cancel your order BEFORE the ordered products have been shipped, you will be assessed a 10% cancellation fee before credit is issued, as set out above.
If you attempt to change or cancel your order AFTER the ordered products have been shipped, please follow our Return Policy, below. Cancellations or changes in these circumstances will have to be treated as a product Return.

Return Policy

Product returns can be made in person at our store.

Product returns can also be made by mail or courier so long as such returns adhere to the following procedure:

All returned products must:

Be unopened and the complete contents of the product must be intact.
Not have any cosmetic damage to the packaging and the packaging cannot be altered from how it was received.*
Be shipped in a manner that they are not damaged during shipping and are received by us in the same condition they were sold in. Products are to be returned in their original packaging.

After the returned product is received by us, we will inspect the product for compliance with all of the above and contact you to advise if a refund** has been authorized.

*Refund will be issued as in-store credit.

**Some products may have lids that are taped for safe shipping practices. Any cosmetic changes from our methods of packaging do not affect your ability to return the product.

Hot Tub Installation

We offer hot tub installation services for any customer who purchases a hot tub. Customers are solely responsible for ensuring compliance with any municipal by-laws or regulations in respect of the installation, location and use of a hot tub on their property. We assume that customers have obtained the necessary permits and/or authorizations in their respective jurisdictions, as applicable. Lakeshore Pools & Hot Tubs shall not be responsible for any liability arising from the customer’s breach or non-compliance of any municipal by-laws or regulations concerning hot tubs. Lakeshore Pools & Hot Tubs does not provide any representation or warranty in connection with compliance with any municipal by-laws or regulations concerning hot tubs.

Our hot tub “Get Started Bundle” is currently being offered for $450.00 + HST. This price includes a pre-delivery site survey, delivery, set-up and installation, a cover lifter, start up water-care products, access to a personal virtual hot tub school, and more. For full details of our hot tub “Get Started Bundle”, please visit: https://lakeshorepoolsandtubs.com/promotions/

Product Warranties

There are no conditions, warranties, or representations, express or implied, statutory or otherwise with respect to the goods, materials and products sold except as provided in the warranty, if any, given by the manufacturer. No agreement, collateral hereto, nor any modification thereof, is binding on Lakeshore Pools & Hot Tubs unless endorsed hereon in writing.

Consumer Protection Law

Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the applicable legislation will apply.

Links to Other Websites

Our Site contains links to third-party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these other sites.

Limitation of Liability

In no event will Lakeshore Pools & Hot Tubs or its suppliers or licensors be liable for any damages suffered by you, either directly or indirectly, as a result of the use or inability to use our Services, this Site or its contents. We make no warranties, express or implied with respect to your use of this Site or our Services.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Lakeshore Pools & Hot Tubs and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses, including legal fees, arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the Province of Ontario.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal, and the rest of these Terms and Conditions will still be considered valid.