General Policies

Company

Spas N Spares is a trade name used by Vortex Distribution LLC. Vortex Distribution LLC is a Wyoming limited liability company. All mail should be directed to our principal office address, located at 361 Nypro Lane, Dothan, Alabama 36305.

Additional company information, including our Federal Employer Identification Number (FEIN or EIN) or Dun & Bradstreet DUNS numbers, may be provided upon request.

Business Hours

Spas N Spares is available during our regular business hours, which are Monday through Thursday from 9am to 5pm and Friday from 9am to 3pm Central Time, excluding public and/or company holidays. If your phone call is missed, we invite you to leave a voicemail. We strive to return all voicemails within 24 business hours.

All phone calls may be recorded for quality assurance and training purposes.

Contract Between Us

Spas N Spares must receive payment, in whole, for the goods you order before your order will be accepted. Once payment has been received, we will confirm the order by email, using the email address you provide. Acceptance of your order brings into existence a legally binding contract between us, which includes these General Policies as well as our Terms and Conditions of Sale.

Price of Goods

Prices for Goods are set forth on our website and are subject to change at any time with or without notice.

Prices do not include shipping and handling fees. Spas N Spares might not be able to delivery to some locations. Delivery Charges for all products, other than spas of any kind, are presented on the website at checkout. These prices may change based on shipping needs, such as adjusting an order from parcel shipment to a less-than-truckload or common carrier shipping.

When placing an order for items shown or indicated as out of stock, Spas N Spares shall not liable to cover the cost of additional delivery charges when ordering together with items shown in stock. By selecting this you accept the terms; you agree you may be required to pay additional delivery costs to ship the items when they next become available. Orders are not necessarily combinable and shipping is handled separately for each individual order.

Adjustments

We kindly request your orders be whole and complete prior to submission. If you wish to change the delivery address or add a part to an order, you must contact us by phone immediately, ideally within one hour or less of submitting the order. However, changes may not be guaranteed as we strive to ship all orders as quickly as possible. Changes to an order may cause a delay and the shipment might not be dispatched same day.

Cancellations

Orders may be cancelled up until the time when our teams begin preparing your order for shipment. If you need to cancel an order, you must contact us by phone immediately, ideally within one hour or less of submitting the order. However, cancellations may not be guaranteed as we strive to ship all orders as quickly as possible.

Upon cancellation, remaining funds will be credited to your account, at no charge to you, and may be applied towards future orders. Refunds may be available upon request but are subject to a 5% processing fee.

We reserve the right to cancel your order if: we have insufficient stock to delivery the products you have ordered; we do not deliver to your area; we are not authorized to deliver product(s) into your area; or one or more of the products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers. If we cancel your order, we will notify you by email. Refunds for orders we cancel are available upon request and are not subject to a processing fee. Otherwise, we will credit your account any remaining balances, which may be applied towards future orders.

Returns

To return your order, you must notify us in writing, preferably by email to returns@spasnspares.com. After receiving a Return Material Authorization (RMA) number, return the goods to 361 Nypro Lane, Dothan, Alabama 36305.

Goods must be returned to us in the condition they were received. Please refrain from removing any packaging.

Returns Within 7 Days

You may return your order within seven days of the order being delivered to you, without penalty. You do not need to give us any reason for choosing to return your order. Products must be returned to us at your own cost and risk and must.

Upon return and verification of products being received in good condition, funds will be credited to your account, at no charge to you, and may be applied towards future orders. Refunds may be available upon request but are subject to a 5% processing fee.

Returns Within 30 Days

You may return your order within 30 days of your order being delivered to you, subject to a 20% restocking fee. Products must be returned to us at your own risk and cost.

Upon return and verification of products being received in good condition, funds will be credited to your account, less a 20% restocking fee, and may be applied towards future orders. Refunds may be available upon request but are subject to a 5% processing fee.

Returns Within 90 Days

Orders which were delivered to you within the last 90 days require written permission from us and are subject to a 20% restocking fee. Only warranty returns will be accepted.

Exceptions

We must be notified within 7 or 30 days, respectively, from the date of delivery, for a return to be accepted.

Computer software products, such as printed circuit boards which have been removed from the sealed package, may not be returned. Fitted products may not be returned unless there is a genuine manufacturer defect. Returns for parts deemed as being fitted, used, unwanted, or otherwise--except in the case of warranty--will be refused. The items will be at your risk awaiting your collection. Spas of any kind may not be returned unless there is a genuine manufacturer defect.

If products arrive to us in a worse condition or shipping costs are not prepaid, we reserve the right to deduct the direct costs of recovering the goods from the amount which will be credited to you, at our sole discretion.

All goods must be returned within seven days of the issuance of an RMA number or they may be subject to a 20% restocking fee. RMA numbers expire after 30 days and may not be reissued. If products are not returned to us, for any reason, the return will be rejected and may not receive any credit or refund.

Shipping and Delivery

We will ship the product(s) you order to the Delivery Address included on your order. You must verify this address is accurate before submitting the order.

Your order must be placed before 1pm Central Time for same-day dispatch.

All orders ship FOB shipper. You become the owner of products at the time of shipment.

Parcel Shipments

Most orders ship by UPS. However, some orders may ship with FedEx, USPS, or another carrier.

Delivery times are provided by the carrier and are not guaranteed by Spas N Spares. The below map, provided by UPS, offers suggested transit times for UPS Ground® shipments.

Subject to the Tariff/Terms and Conditions of Service, UPS guarantees on-schedule delivery of packages, shipped via UPS's services, that are listed as guaranteed, or will refund your transportation charges. Guaranteed Service is not available in all areas and does not apply to shipments containing a package with an Additional Handling or Large Package surcharge. Scheduled business days and delivery schedules are revised occasionally due to changes in distribution and volume, especially during holiday periods. Service to some remote areas also may require additional delivery days. For current delivery schedules, service availability and information, and a description of the UPS service Guarantee, see the UPS Rate and Service Guide. The most up-to-date transit time details will be available at ups.com/ctc at the time of shipping. Certain commodities and high value shipments may require additional transit time for customs clearance.

Less-than-Truckload (LTL) Shipments

Large orders, including orders of larger items or full pallets are typically shipped using a common carrier service. Prices for these shipments are individually quoted and the shipping cost may change from the amount posted at the time the order is submitted.

Full Truckload (FTL) Shipments

Large orders, including spas of any kind, may be shipped on a dedicated truck. Prices for these shipments are individually quoted and the shipping cost may change from the amount posted at the time the order is submitted. Trucks which are not unloaded in a timely fashion upon arrival may be subject to detention fees charged by the carrier.

Damaged Goods

You must notify us of any damaged goods within seven days of the order being delivery to you.

Spas N Spares discourages rejecting delivery. Refusing any shipment does not alter or adjust the transfer of ownership. Once products have shipped, they will be held at your own risk and Spas N Spares will not be liable for their loss or destruction.

LTL and FTL shipments include unique documentation which require a signature upon delivery. Beware this signature indicates both: (1) the shipment has been delivered, AND (2) the shipment has been received in good condition! You must inspect the shipment upon delivery, prior to signing any documents. If you notice any damage, or are suspicious of internal damage caused during shipping, please notate the damage or potential damage on the documentation prior to signing. Do not refuse the delivery.

Take photos of the damaged goods and send them to Spas N Spares immediately via the Help Desk.

Wrong or Missing Goods

If the product(s) delivered are not what you ordered, or there are missing product(s) in the shipment, we shall have no liability to you unless you notify us in writing of the problem within seven days of the delivery of the products in question. As remedy, Spas N Spares may offer to: ship the missing or shorted products, or; credit or refund the amount you paid for the products.

Except as prohibited by law, Spas N Spares will not be responsible for any indirect or consequential loss, damages, or expenses (including loss of profits, business, or goodwill) arising from any issue you notify us about under this section. Our liability is limited to refunding the amount you paid for the goods in question, as outlined above, and we will not be required to pay any other compensation.

Warranty

Unless otherwise noted, all items and products supplied through this website have a 12-month warranty from the date of shipment. This warranty covers the cost of the parts.

All electrical items are granted a 15-month warranty when purchased directly by a registered trade account holder. This enables the trade customer to benefit from a 3-month shelf life and a full 12-month fitted guarantee.

Earth Spas hot tubs have a unique warranty, specific to the Earth Spas brand. See the Earth Spas Warranty for details.

Warranty Policies & Procedures

Consequential, indirect losses, such as labor, earnings, or damages, will not be the responsibility of Spas N Spares.

Incorrect installation or misuse of parts will result in forfeiture of the warranty. Trade partners/dealers are responsible for ensuring Spas N Spares parts are installed correctly and that end-customers maintain proper water chemistry and routine upkeep as outlined in their spa owner's manual.

Parts covered under warranty may be replaced at no charge or a credit may be issued to your account, at Spas N Spares' sole discretion.

In some instances, parts may be required to be returned to Spas N Spares for evaluation or testing, and return shipping may be provided by Spas N Spares if applicable. Replacement and/or credit for faulty goods will not be issued until a conclusion from testing has been finalized, either by Spas N Spares or by the manufacturer directly. Do not discard products covered under warranty as we may require their return for testing prior in order to complete a warranty claim.

If a replacement part for defective products is no longer available during the warranty period, Spas N Spares will offer an alternative product or a partial refund.

All Warranty Claims must be submitted through the Help Desk on the trade/dealer account.

Trade partners/dealers should keep accurate records of maintenance and repairs, as this information may be required during the warranty claims process. Documentation and pictures of the problem, repair, and result may be required by Spas N Spares in order to process the warranty claim, and may be rejected if pertinent information is missing or unavailable.

Miscellaneous

Unless otherwise expressly stated in these General Policies or in our Terms and Conditions of Sale, all notices must be in writing and sent to our offices at 361 Nypro Lane, Dothan, Alabama 36305. All notices from us to you will be displayed on our website from time to time.

Description

Parts, images, and descriptive text are used as a guide only. Spas N Spares is not responsible for misrepresentation of a product. Our images and text will be used always to describe the products to the best of our abilities.

Images are for display purposes only and should not be used for correctly identifying a replacement. Please refer to the products description for this. Some images, for example, a 3kW heater, may be used for the 5kW heater due to the similarity.

Copyright

All images, text, design, and format are the original property of Spas N Spares. Copyright theft is taken extremely seriously by Spas N Spares and such material taken from www.spasnspares.com or any of our other associated websites, without prior notice and approval, will be treated as copyright theft and legal action will incur. Our appointed representatives and solicitors will monitor and act upon any of these instances without warning.

Events Beyond Our Control

Spas N Spares shall have no liability to you for any failure to deliver products you have ordered or any delay in doing so for any damage or defect to products delivered that is caused by any event or circumstance beyond our reasonable control, including without limitation to strikes, lockouts, and other industrial disputes, breakdowns of systems or network access, fire, explosion, accident, floor, or other extreme weather, including severe wind or rain.

Invalidity

If any part of these General Policies or Terms and Conditions of Sale is unenforceable, including any provision in which we exclude our liability to you, the enforceability of any other part of these policies or conditions will not be affected.

Privacy and Personal Details

You acknowledge and agree to be bound by the terms of our Privacy Policy; Spas N Spares will at all times respect the privacy of all personal information entered on the website. Your personal information will not be shared with third parties. All payment information entered into our website is processed by a secure payment processor.

Complaints

While we aim to deliver the very best services we can, and while we happily listen to any complaints you may have, we require you to write or email us only so your complaint can be tracked and handled appropriately.

Third Party Rights

Except for our affiliates, directors, employees, or representatives, no person who is not a party to this agreement has any right to enforce any term of this agreement. This does not affect any rights or remedies of third parties which exist independently of this agreement.

Governing Law

This agreement shall be governed by and interpreted in accordance with the laws of the State of Alabama and the courts of Alabama shall have jurisdiction to resolve any disputes. The venue for any dispute resolution meetings shall be Houston County, Alabama

Entire Agreement

These General Policies, along with our Terms and Conditions of Sale, current website prices, delivery details, contact information, and Privacy Policy, constitute the entire agreement between you and us regarding the supply of goods. Nothing said by any salesperson on our behalf should be understood as a variation of conditions or as an authorized representation of the nature or quality of any goods we offer for sale. Except in cases of fraud or fraudulent misrepresentation, we accept no liability for any such statements being untrue or misleading.

Earth Spas dealers are also subject to the terms and conditions outlined in their Retail Dealer Agreement.