TERMS

WEBSITE TERMS OF USE

 

1. General. This Website Terms of Use Agreement ("Agreement") governs your access to and use of the website operated by Luxury Baths and Spas, Inc. (“Luxury Baths and Spas,”, “LF”, “our,” “us,” or “we”) and located at www.luxurybathsandspas.com (the “Website”). By accessing, browsing, using and interacting with this Website, you agree that you have read, understood, and accept this Agreement. Please read it carefully and let us know if you have any questions. If you do not agree with any of the terms herein, do not use the Website.

This Agreement does not govern your use of any products or services that may be offered by Luxury Baths and Spas or any products or services that may be offered by third parties from or in connection with the Website or otherwise, which are subject to their own terms and conditions. You must accept any terms and conditions relating to products and/or services as a condition to receiving such products and/or services.

2. Use of the Website.  You may only use this Website for its intended purpose and solely in accordance with this Agreement. In addition, you may not restrict or inhibit any other person from using or enjoying the Website. The Website may contain links to other Internet websites and third-party resources, and we may employ third party technologies in connection with our Website that require you to accept such third party’s terms.

Luxurybathsandspas.com is not responsible for either the availability of these outside resources or their content, including for any products or services you may obtain by contacting any person or entity as a result of use of the Website or the features hereof. Luxurybathsandspas.com may, but is not obligated to, monitor your use of the Website.

3. Intellectual Property. This Website and its content are protected by law, including without limitation, copyright law, trademark law, and other applicable international laws and treaties. You are granted permission to display the materials on this Website solely for your own personal, non-commercial use. You may not remove any legends placed thereon. You may not “mirror” any content contained within this Website without our express prior written consent. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written consent, or the consent of the applicable copyright owner.Luxurybathsandspas.com does not grant you any licenses, express or implied, to the intellectual property of Luxurybathsandspas.com or its licensors except as expressly stated in this Agreement.

4. Transmission of Content. Any material, information or ideas that you transmit to or post to or through this Website by any means will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may be used by for any purpose whatsoever. Notwithstanding the foregoing, all personal information provided by you will be handled in accordance with Luxurybathsandspas.com’s Privacy Policy. You agree to the terms of such Privacy Policy by providing your personal information toLuxurybathsandspas.com.

5. International Use. This Website is controlled and operated byLuxurybathsandspas.com from within the United States. Luxurybathsandspas.com makes no representations that materials contained within the Website are appropriate or available for use in other locations, and access to the Website from locations where such activity is illegal is prohibited. Those who choose to use the Website from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.

6. U.S. Government Restricted Rights. The content of this Website is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.

7. Limitation of Liability. THE WEBSITE AND ITS CONTENT ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL Luxurybathsandspas.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ITS CONTENT, EVEN IF Luxurybathsandspas.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Luxurybathsandspas.com'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

8. Term and Termination. This Agreement is effective as of the date of your first access or use of the Website, and shall remain in effect for the duration of your access or use. Your right to use the Website shall automatically terminate upon your breach of the Agreement.

9. General. The laws of the State of Texas, excluding its conflict of law principles, govern this Agreement and your use of the Website. Any suit to enforce this Agreement shall be brought exclusively in the state or federal courts sitting in Travis County, Texas and you hereby consent to the jurisdiction of such courts and waive any venue objection. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. “Luxurybathsandspas.com,” and all associated logos displayed within the Website are our trademarks (unless otherwise noted). The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.

10. Contacting Us. All questions, comments, feedback and other communications regarding the Website or products and services offered by Luxurybathsandspas.com should be directed to hello@Luxurybathsandspas.com.

11. Copyright Policy. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please send our Copyright Agent a notice of infringement with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and primary email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You may file a notice of infringement with our designated Copyright Agent.
It is our policy to respond to notices of alleged copyright infringement that comply with the requirements of the Digital Millennium Copyright Act (“DMCA”). Our copyright agent can be reached at hello@Luxurybathsandspas.com

Upon receipt of a proper DMCA notice of infringement, we may promptly remove or disable access to the content that is the subject of the notice. It is our policy in appropriate circumstances to suspend, disable or terminate, without notice and in our sole discretion, the accounts of those subscribers that we determine to be “repeat infringers.”

 

TERMS OF SALE

Our main goat at Luxurybathsandspas.com is your 100% satisfaction with our products and services. Here's the terms of sale for customers making purchases with our website or mobile application. More detailed information can be found on our Shipping & Returns page.

ORDER PROCESSING

• orders are generally processed same business day, but can take up to 3 business days to process
• if a product is out of stock or is on backorder, a member of our team will contact you within 2 business days to discuss your options
• if for any reason you have not received an tracking information or other notifications from us regarding your order within 11 business days, please follow up with us immediately at hello@Luxurybathsandspas.com

 

SHIPPING

• Luxurybathsandspas.com offers a variety of shipping methods and speeds, with most items qualifying for free ground shipping. Any items that qualify for free shipping will be identified on the product listing page
• Due to supply chain issues and delays caused by Covid-19, Luxurybathsandspas.com currently only ships to the Continental United States.

 

WARRANTIES

• Product warranties vary by product manufacturer. Please register your product with the manufacturer immediately upon arrival to ensure that your products qualify for the full protection offered by each warranty.
• Luxurybathsandspas.com does not warranty products manufactured by other brands, unless explicitly stated on the product page on our website.
• If you have an issue with a product you purchase from Luxurybathsandspas.com and it is outside the 14 day return window, please contact the manufacturer directly to pursue a warranty claim.

 

RETURNS & EXCHANGES

• Luxurybathsandspas.com has a 14-day return policy. In plain terms, you have 14 days from the receipt of your item to request a return.
• Clearance and final sale collection items are final and not eligible for returns.
• To be eligible for a return, your item mush be in new, unused condition in its original packaging.
• Installing or modifying a product in any way will void returns.
• Additional terms on Returns & Exchanges can be viewed on our Shipping & Returns Page.

DISCOUNT TERMS & CONDITIONS

DISCOUNT EXCLUSIONS

Discount offers can't be applied to gift card purchases. Not applicable on previous orders. Only one discount may be used per customer, and they cannot be combined with other offers from Luxurybathsandspas.com unless otherwise specified. We can't add to or combine orders once they have been placed. For a dollar amount discount to be applicable (i.e., "Spend $500 and get $100 off"), the order must reach the spend threshold ($500 in the example) before shipping, insurance and tax.

 

FREE SHIPPING ORDERS

Valid on contentinental U.S. ordres only. Not applicable on previous orders. Cannot be combine with other offers or promotions unless otherwise specified by Luxurybathsandspas.com

 

FINAL SALE ITEMS

Items purchase on final sale are not valid for return or exchange. Luxurybathsandspas.com offers price adjustments on full-priced items purchased within 7 days of the new offer. Offers subject to change without notice. Marked down products are often limited in inventory and only available while supplies last.

 

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL Luxurybathsandspas.com, ITS BRANDS, AFFILIATES OR SUPPLIERS BE LIABLE OR RESPONSIBLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF Luxurybathsandspas.com OR ITS AFFILIATE OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to you. Neither Luxurybathsandspas.com nor its affiliates or suppliers will be held liable or responsible for any damage or loss to any items or products connected to, powered by or otherwise attached to any products sold by Luxurybathsandspas.com. The total cumulative liability to Customer, from all causes of action and all theories of liability, will be limited to and will not exceed the purchase price of the Product paid by Customer.