Terms & Conditions of Sale
The following terms and conditions govern the sale of products by Mario's Pool and SPA Inc. By submitting your order to www.mariospoolandspa.com you have indicated your acceptance to be bound by these terms and conditions of sale. At Mario's Pool and SPA Inc. sole discretion, these terms and conditions may be changed without prior notice at any time before Mario's Pool and SPA Inc. accepts your order.
All in store promotions including Air Miles are exempt from online purchases unless otherwise specified.
Payment is due by Credit card or PayPal. Once an order is placed by credit card, the credit card account will be verified at the time the order is placed. Should a credit card be declined, so will be the order. No C.O.D. orders are accepted. Orders are processed ONLY upon receipt of payment.
Disclaimer of Warranty
When products are shipped to you, their warranties determined on a per product basis are in effect and are included with the shipment (other than those warranties implied by and incapable of exclusion, restriction or modification under applicable law).
Payment Shipping and Handling Charges and Taxes
The buyer is responsible for any taxes or tariffs associated with your purchase.
Prices shown on the Mario's Pool and SPA Inc.'s site do not include shipping and handling or insurance, unless otherwise stated. Neither do the prices include applicable taxes, unless otherwise stated. All prices are in Canadian dollars. The price charged for an order will be the price in effect at the time the order is placed. Nonetheless, if the price drops before shipment and you notify Mario's Pool and SPA Inc. of the lower price before the product is shipped, in which case (and in that case only) the price charged will be the lower price.
Shipping & Risks during Shipping
When products are shipped to you by common carrier, Mario's Pool and SPA Inc. liability to you for breakage and/or non-delivery of the products by the common carrier to you will be restricted by the limits of liability provided by the common carrier's terms and conditions of carriage.
Lost & Damaged Products
All lost or Damage products must be reported to Mario's Pool and SPA Inc. by writing or e-mail only. Verbal reports are not accepted, and this report must be made within 14 days of receiving a product.
Please submit claims to: firstname.lastname@example.org
Order Cancellations & Changes
Mario's Pool and SPA Inc. warrants product(s) to be in good working condition and free from defects in material and workmanship for a period of Fifteen (15) days for RETAIL packaged products from the original invoice date unless otherwise restricted below or by the manufacturer's own warranty policy.
Mario's Pool and SPA Inc. liability is limited to repairing or replacing, at its option, any defective product, freight prepaid to Mario's Pool and SPA Inc., according to the Merchandise Return Procedure set forth in Section Merchandise Return Procedure. Buyer shall bear all responsibility for shipping charges and risk of loss or damage during transit to Mario's Pool and SPA Inc. Products which have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by Mario's Pool and SPA Inc., are not covered by this warranty.
Any alterations, addition, improvements or attachments to the product(s) not authorized in writing by Mario's Pool and SPA Inc. shall be deemed to be a waiver of this warranty by Buyer and shall render this warranty null and void. Mario's Pool and SPA Inc. shall return repaired or replaced product(s) to Buyer, at its expense via regular ground service within Canada. Shipping charges by all other methods and to all other destinations shall be borne by Buyer.
Limitation of Liability
The maximum liability to you for products purchased from Mario's Pool and SPA Inc. shall be limited to the purchase price you have paid for the products. Also, Mario's Pool and SPA Inc. will not be liable for any property damage, personal injury, loss of use, interruption of business, loss of profits, incurred labour charges, incurred water or material charges or other consequential, indirect, incidental, punitive or special damages. This applies to all situations however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law.
THE RETURN POLICY IS NOT A WARRANTY. Mario's Pool and SPA Inc. reserves the right to change or to cancel it at any time before accepting your order. For all refunds, you need to precisely follow the return procedures to ensure the return of your refund. You need to also allow a reasonable period of time for the product to arrive at our warehouse and pass an inspection process. When your return is accepted, we will process your credit as soon as possible.
These terms and conditions shall be interpreted under and governed by the federal laws of Canada, without giving effect to conflicts of law rules. Headings used in these Terms and Conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of, these Terms and Conditions.
Any additional or altered terms attached or adhering to an order shall be null and void and without effect, unless agreed to in writing by Mario's Pool and SPA Inc.. These terms and conditions may not be modified, altered or amended without the written agreement of Mario's Pool and SPA Inc..