TERMS & CONDITIONS
This website is operated by Splashes Bath & Kitchen. Throughout the site, the terms “we,” “us” and “our” refer to Splashes.com. Splashes.com provides all products and product information available on this site to you, the user, conditional upon your acceptance of all the terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you agree to be bound by the terms and conditions (“Terms”), set out herein. The Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, and/or merchants.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, then you may not access the website.
Any new features which are added to the current site shall also be subject to these Terms.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence (and you have given us your consent to allow any of your minor dependents to use this site). You may not use our products for any illegal or unauthorized purpose nor may you, in the use of Splashes.com, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
While our goal is to provide the most accurate information possible, we cannot guarantee that the information made available on this site is accurate, complete or current.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue products without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product.
SECTION 5 - PRODUCTS
Certain products may be available exclusively online through the website. These products 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 colour will be accurate
We reserve the right, but are not obligated, to limit the sales of our products 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 of the products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited. .
We do not have any knowledge or control as to when, where or how the products purchased through Splashes.com will be installed or what the final use of the product will be. Warranties may be void if the product is not installed by a licensed professional.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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 email 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 with us. 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.
SECTION 7 - THIRD-PARTY LINKS
Certain content and products available via our website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. Such links are provided for your reference only. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. For more detail, please review our Privacy Policy.
SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate 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 information is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on our site or any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on our site or on any related website, should be taken to indicate that all information has been modified or updated
SECTION 10 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of our site or any related website for violating any of the prohibited uses.
SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Our liability is limited to the manufacturer’s warranty in regards to defective goods and any labour or damage claims. For more detail, please review our Returns Policy.
Warranties may be void if the product is not installed by a licensed professional.
In no case shall Splashes.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the products procured using the site, or for any other claim related in any way to your use of the product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the site, any content, or product posted, transmitted, purchased or otherwise made available via the service, even if advised of their possibility. Because some provinces, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces, states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 12 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Splashes.com and our parent company, subsidiaries, affiliates, officers, directors, agents, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including any reasonable fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.
SECTION 13 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 - TERMINATION
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including that date; and/or accordingly may deny you access to our site.
SECTION 15 - ENTIRE AGREEMENT
Not exercising or enforcing any right or provision of these Terms by Splashes.com, shall not constitute a waiver of rights and provisions as presented in these Terms.
These Terms and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and us and govern your use of our site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 16 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of British Columbia and you specifically attorn to the jurisdiction of the Courts thereof.
SECTION 17 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 18 - CONTACT INFORMATION
Questions about these should be sent to us at customersupport@splashes.com.