Terms and Conditions
By purchasing here, The Buyer(s) hereby accepts the following terms and conditions:
I. Electronic Signature and Acceptance
Purchase Agreements are paperless. You hereby agree to any and all legally binding agreements to be signed with electronic signature. The Terms and Conditions of this Purchase Agreement comprise the entire agreement between the parties affecting this purchase. No oral agreements or understandings shall be binding. Buyer(s) acknowledge that he/she have been given an opportunity to review all Terms and Conditions prior to signing. By executing this Purchase Agreement, Buyer(s) acknowledge he/she have read all of its terms and has received a full completed copy.
The price for all goods, and/or services, described on this agreement, are shown as the “Total Price.” By signing this agreement, the Buyer(s) agree to purchase these goods and/or services and will pay the “Total Price” indicated on this agreement together with any and all additional charges, which may occur according to all the terms and conditions of this agreement.
The amount indicated as “Total Price” must be paid in full before the goods are delivered Payment must be made by, credit card,. Barefoot Spas (“Seller”) does NOT provide financing and it is the responsibility of the Buyer(s) to finalize all payments prior to delivery and or/removal.
III. Pre-Installation & Electrical Instructions
The Buyer(s)is/are responsible to provide an adequate flat level surface area built to code for placement of the products. The Buyer(s) MUST contract with a professional, licensed electrician to complete the required electrical connections. Buyer(s) understands that neither the Seller nor the delivery contractor are licensed electricians, and they cannot provide an estimate of cost or provide any advice related to the electrical requirements. The Buyer(s) acknowledges and agrees that the surface area on which the product is to be installed must be built according to local laws and regulations. The spa MUST be placed on a perfectly flat and level surface and cannot be “shimmed.”
IV. Delivery and/or Removal
Buyer(s) understand and acknowledge the delivery may be handled through a third-party, and/or independent contractor. Deliveries are curbside deliveries. Buyer(s) understand that possession takes place at the time of sale and is FOB origin. Only the products indicated on this Purchase Agreement will be delivered. Buyer(s) must be present when the products(s) is/are delivered and provide a signature. It is Buyer(s) responsibility to inspect product(s) prior to accepting and signing for delivery..
Buyer(s) understand that Seller has never seen the installation site. If the buyer's residence is too remote for standard shipping, or if the delivery is attempted and incomplete forcing the product to be returned to the shipper, the buyer will be responsible to retrieve the product from the shipping hub at their own expense. Any return freight expense is the sole responsibility of the buyer. Neither the Seller, nor the delivery crew, can guarantee a specific time or date for the delivery.
The Seller is NOT responsible for ANY damage to the product and/or property during shipping and delivery.
SELLER MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULARPURPOSE, OR OTHERWISE CONCERNING THE GOODS AND/OR SERVICES SOLD BY THIS AGREEMENT.
All sales are considered custom orders and/ are NOT returnable. ALL SALES ARE FINAL. NO REFUNDS. NO RETURNS. NO EXCHANGES. Any payment made in any form by any entity up to the time of cancellation are considered the restocking fee and are forfeited.
VII. Limitation of Damages
THE SELLER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO BUYER(S) USE OR INABILITY TO USE THE SPA REGARDLESS OF WHETHER SELLER RECEIVED NOTICE OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SELLER EXCEED THE SUM PAID BY BUYER(S) UNDER THIS AGREEMENT. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE AND EXTEND TO BENEFIT SELLER’S EMPLOYEES, AGENTS, AND REPRESENTATIVES, AS THIRD-PARTY BENEFICIARIES.
VIII. Indemnification Against Third-Party Claims
In the event that any person, not a party to this agreement, shall make a claim or file any lawsuit against Seller, its employees, agents, representatives, or assigns, for any reason whatsoever relating to the products or services provided by Seller, Buyer(s) agrees to indemnify, defend, and hold harmless Seller from and against any and all claims, lawsuits, liability, expense, and loss, whether such claims and lawsuits be based upon alleged recklessness, active or passive negligence, express or implied contract or warranty, contribution, or indemnification, or strict products liability on the part of the Seller, its employees, agents, representatives or assigns. This indemnification provision shall survive the termination or expiration of this Agreement.
IX. Governing Law & Attorney’s Fees and Costs
This agreement is governed and enforced in accordance with the laws and regulations of the Commonwealth of Virginia. Buyer(s) agrees to the proper jurisdiction and venue for any action arising out of this Agreement is in the courts located in Chesterfield County, Virginia. The Buyer agrees to pay any and all fees including but not limited to attorney’s fees, collection costs and expenses together with all other fees which may occur as a result of default or failure to pay according to the terms and conditions of the Agreement.
Buyer agrees to pay Seller’s attorney’s fees and/or collection costs for any action brought to enforce the terms of this Agreement.