Terms & Conditions of Sale
The following terms and conditions govern the sale of products by Pool & Hot Tub Depot. By submitting your order to www.poolandhottubdepot.com you have indicated your acceptance to be bound by these terms and conditions of sale. At the sole discretion of Pool & Hot Tub Depot., these terms and conditions may be changed without prior notice at any time before Pool & Hot Tub Depot. accepts your order.
1. Payment Terms
Payment is due by credit card, PayPal, Interac or Bank Wire Transfer. Orders are processed ONLY upon receipt of full payment, or partial payment by means of a deposit (available on select order[s] and/or product[s] only).
Any deposit(s) paid for product(s) are strictly and fully non-refundable. Full payment must be made prior to any order being shipped. 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. Should a payment and/or order be deemed fraudulent, or deemed to have a high likelihood of being fraudulent, Pool & Hot Tub Depot reserves the right to cancel and refund that payment and/or order at any time.
2. 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). Please refer to the description and/or attached document(s) on an individual product detail page for specific manufacturer's warranty details pertaining to the product(s) purchased.
3. Payment Shipping & Handling Charges & Taxes
The buyer is responsible for any taxes or tariffs associated with your purchase. Please be advised that all freight shipments are curbside delivery only. Only orders over $69 (prior to applicable shipping and taxes), or orders containing select eligible items, qualify for free delivery. For customers located in rural ("remote") locations, some additional fees may apply.
If you have a native status card and wish to have your taxes refunded, you must place your order and pay the taxes upfront in advance - this is due to the fact that our website has no way of recognizing native status or tax exemption. Once an order has been placed, you may email customercare@poolandhottubdepot.com with an order number to start the tax refund process.
To apply for native status tax exemption, a customer must email a copy of the front and back of their native status card. The tax will be refunded once the order has been processed in full - this can take up to 14 business days. To qualify for provincial tax exemption, the name on the status card must match the billing and shipping name and address, as well as the name on the credit card. A customer cannot place the order under a relative's name who has a native status card; this includes spouses. To qualify for GST tax exemption, the order must be delivered to a reserve. The customer must be able to provide proof that the address is on a reserve.
4. Prices
Prices on the poolandhottubdepot.com website do not include shipping, 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 Pool & Hot Tub Depot of the lower price before the product is shipped, in this case (and in this case only), the price charged will be the lower price.
5. Price Matching
At this time, Pool & Hot Tub Depot does not price match any Online (e-commerce) Competitors selling products in Canadian Dollars or United States Dollars.
6. Coupon Codes and Promotional Offers
Occasionally, Pool & Hot Tub Depot will issue coupons or run promotional offers on items, offering either discounts, discounts, or free item(s) with select purchases. Any coupon or promotional code may only be used once by any customer, and coupon or promotional codes cannot be combined to take advantage of multiple discounts. Coupons, discounts and special offers cannot be retroactively applied to past orders and are eligible to be redeemed only during the defined promotion timeframe.
7. Shipping & Risks during Shipping
When products are shipped to you by a common carrier, Pool & Hot Tub Depot's 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.
8. Lost or Damaged in Transit
All lost or damaged products must be reported to Pool & Hot Tub Depot by writing or e-mail only. Verbal reports are not accepted, and this report must be made within 5 (five) days of receiving a product via ground shipment or 14 (fourteen) days of receiving a product via LTL/freight service.
Please submit claims to: customercare@poolandhottubdepot.com
9. Shipment Delivered
Pool & Hot Tub Depot's responsibility for product delivery ends when the carrier provides "proof of delivery." This proof generally also includes a photo of the package on the customers property. Additionally, our system will notify the customer via email that your order has been delivered.
Once the package is verified delivered to the correct address by the carrier, it is then the customer's property on their physical property. We accept no responsibility or liability for any customer property that goes missing, is reported as “not received,” or is stolen by “Porch Pirates”.
10. Order Cancellations & Changes
For the benefit of our customers, we attempt to process orders as rapidly as possible. As such, orders may be shipped from our warehouse for fulfillment within hours after they are placed. Due to the increased difficulty of locating orders once they have begun the fulfillment process, we will not be able to make any order changes or cancellations once they have reached this stage of processing. Please review orders carefully before submission, and if a cancellation is necessary, please contact us as soon as possible. This will increase the likelihood that we will be able to cancel your order before it goes to the warehouse for fulfillment. Unfortunately, no guarantees can be made.
Pool & Hot Tub Depot reserves the right to cancel orders at any time. Some items (such as pool kits, Pool cleaning robots, liners, select fittings, solar covers, etc) may be limited in their maximum purchase quantity unless approved in advance by the company. Order(s) placed that contain additional quantities of these select items are subject to cancellation and/or modification.
11. Local Pick Ups and Product Collection
For customers picking their orders up at our London Ontario retail store, our store staff is required to see valid photo ID in order to release an order to you. The name on the order being picked up must match the information on your photo ID. Please ensure you are picking up your order in an appropriate vehicle to accommodate the shape/size of your item(s).
Pool & Hot Tub Depot staff reserves the right to refuse to complete a pick up order if your vehicle is not suitable for your item(s), or if the item(s) cannot be transferred to your vehicle in a safe manner. For customers picking up robotic pool cleaners and/or variable speed pool pumps, the original credit card used to pay for your order must be presented at the time of pick up, or your pick up may be refused.
For customers picking up pool heaters, our warehouse staff will not tip unit(s) to fit into your vehicle. Pool & Hot Tub Depot staff reserve the right to refuse service should any of our company order pick up condition(s) not be met.
12. Non-Commercial Use
Products and merchandise available for purchase from Pool & Hot Tub Depot are intended for personal, non-commercial use, and the purchase of any merchandise for resale purposes is prohibited.
13. Limited Warranty
Pool & Hot Tub Depot warrants product(s) to be in good working condition and free from defects in material and workmanship for a period of thirty (30) days for RETAIL packaged products from the original invoice date unless otherwise restricted below or covered by the manufacturer's own warranty policy.
Pool & Hot Tub Depot's liability is limited to repairing or replacing, at its option, any defective product, freight prepaid to Pool & Hot Tub Depot, 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 Pool & Hot Tub Depot.
Products that have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by Pool & Hot Tub Depot, are not covered by this warranty. Any alterations, additions, improvements or attachments to the product(s) not authorized in writing by Pool & Hot Tub Depot shall be deemed to be a waiver of this warranty by the Buyer and shall render this warranty null and void. Pool & Hot Tub Depot shall return repaired or replaced product(s) to the 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 the Buyer.
THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. POOL & HOT TUB DEPOT. MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT SHALL POOL & HOT TUB DEPOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL POOL & HOT TUB DEPOT’S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S).
14. Product Appearance, Specs and Imagery Online
Manufacturers may, from time to time, alter the appearance, specs, packaging or part(s) included with a particular product supplied without prior written notice to Pool & Hot Tub Depot. Pool & Hot Tub Depot is not responsible for differences in products in such events.
15. Limitation of Liability
The maximum liability to you for products purchased from Pool & Hot Tub Depot shall be limited to the purchase price you have paid for the products. Also, Pool & Hot Tub Depot 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.
16. THE RETURN POLICY IS NOT A WARRANTY
Pool & Hot Tub Depot 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 also need to 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 refund as soon as possible.
17. Interpretation
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.
18. No Modification
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 Pool & Hot Tub Depot. These terms and conditions may not be modified, altered or amended without the written agreement of Pool & Hot Tub Depot.
19. Severability
If any provision of these terms and conditions is held to be illegal, invalid or unenforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired. The terms and conditions stated herein are declared to be severable.
20. General
You may not assign this agreement without prior written consent from Pool & Hot Tub Depot. Pool & Hot Tub Depot is the intended beneficiary of this agreement. If there is any inconsistency between this agreement and other agreement included with or relating to products purchased from Pool & Hot Tub Depot, this agreement shall take precedence.
21. Linking and Framing the Website
Links to the website without the express permission of Pool & Hot Tub Depot are strictly prohibited. Pool & Hot Tub Depot. reserves the right to cancel and revoke any permission it may give to link to the website at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the website or any of its content in any form and by any method is strictly prohibited.
22. Merchandise Return Procedure
We accept returns of most unused products up to 30 days after the date of delivery. Used, tried or hooked up/installed products or any items marked as non-refundable/Final sale are not within our return guidelines.
Please contact our Customer Care team to initiate your return. Pool cleaners qualify for return only if the box is still factory-sealed in the same condition as received.
You should expect to receive your refund within two weeks of us receiving your package, however, in many cases you will receive a refund sooner. A refund can only be sent back to the original payment method. If a customer no longer has access to that payment method, they need to contact their bank or other party responsible for the original payment method to claim the funds after a refund has been sent.
Refunds for orders placed using split payment and/or financing services (i.e. AfterPay, Sezzle, PayBright, etc) will have an additional payment processing fee(s) deducted due to the non-refundable service charge(s) these payment methods incur.
Start your return process by e-mailing customercare@poolandhottubdepot.com - we will require the original order number, the product you wish to return, the reason you wish to return the product, and a photo of the product to prove its condition and quality for our records and insurance purposes.
23. Please Note:
We cannot accept any returns from products in the following categories:
- Inflatables & Toys
- Electronic / Electrical items such as: Fuses, Relays, breakers, sensors, heaters, capacitors, transformers, circuit boards, spa control packs, keypads, thermostats, pressure switches
- LED lights, LED light controllers and light bulbs
- Consumable goods such as chemicals, liquids, tablets or granules used to balance and maintain pool or hot tub water, spa fragrances, etc
- All Glue, Sealants and Silicone
- Items noted as: Clearance, Final Sale or Overstocked
- Special or custom order parts such as hot tub covers, 3” plumbing
- Items which have been removed from their original packaging, assembled, installed, used or modified
- Any items marked as non-returnable on the product page
- Any individual part(s) removed from a kit, bundle or a factory assembled product
- Any warranty parts provided by the manufacturer
If you would like to make a return request, please Contact Us with your order number, the item(s) that you would like to return, and the reason for the return. One of our friendly Customer Care team members will help you as soon as possible with the next steps!
Items shipped back without contacting us for a return authorization (RMA) will be refused at the warehouse and returned to you as they are not trackable in our system. Items shipped back to an order fulfilment centre in B.C. or Alberta will be refused as they cannot be tracked in our system and they do not accept or process returns.
Please contact us before sending any items to ensure a smooth return process.
24. Are there restocking fees?
Most returns have no restocking fees with the following exceptions: Pool cleaners that qualify for return are subject to 10% restocking fee. Shipments returned to us due to an incorrect address or failure to pick up the package will be automatically cancelled and refunded less shipping charges when they are received back.
Shipments returned due to delivery refusal or return to sender are subject to a 25% (min $25.00) restocking and handling fee. Shipping charges are not refundable. All refunds and returns are at the discretion of Pool and Hot Tub Depot.
25. Have an issue with your order?
In the rare event that any items in your order were received damaged, incorrect or are missing please let us know within 2 business days from delivery so we can help sort it out.
Any concerns with the quality of any products must be reported within 5 business days from delivery. In most cases we will require a picture of the issue, please contact us as soon as possible.
26. Copyright
All content included on this site, such as text, graphics, design, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the registered property of Pool and Hot Tub Depot or its content suppliers and protected by Canadian and international copyright laws.
The compilation of all content on this site is the exclusive property of Pool and Hot Tub Depot and protected by Canadian and international copyright laws.
All software used on this site is the property of Pool and Hot Tub Depot or its software suppliers and protected by Canadian and international copyright laws. Except as provided for by law, you may not use any Pool and Hot Tub Depot's copyrighted material without express written permission.
Pool and Hot Tub Depot respects the copyright and Trademarks of others. If you believe that your work has been infringed by any material on Pool and Hot Tub Depot website, Via register mail please contact:
Smart & Bigger LLP
150 York Street, suite 1100
Toronto, Ontario M5H 3S5
27. Trademarks
Pool and Hot Tub Depot trade name and the Pool and Hot Tub Depot logo are registered trademarks, Registration number TMA965337. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the prior written permission of the Trademark owner.
Pool & Hot Tub Depot aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Pool & Hot Tub Depot, The Pool & Hot Tub Depot logo or the other Pool & Hot Tub Depot formatives may not be used in any way, including in advertising or publicity pertaining to the distribution of materials on this Site, without prior, written permission from Pool & Hot Tub Depot.
Pool & Hot Tub Depot prohibits the use of The Pool & Hot Tub Depot logo as part of a link to or from any site unless the establishment of such a link is approved in advance by Pool & Hot Tub Depot in writing. Fair use of Pool & Hot Tub Depot Trademarks requires proper acknowledgement. Other products and company names mentioned in this Site may be the trademarks of their respective owners.
28. Parts and service - installation:
All electrical and plumbing parts that the Pool and Hot Tub Depot sells are intended for professional installation, licensed contractor or qualified hot tub technician. Any sales, technical or installation-service advice provided by this website, via email to you or our staff over the phone, may not be construed to authorize or suggest anything but professional installation - service. Any sales technical or parts suggestions made to you via email or over the phone, may not be construed to authorize or suggest that the part is correct for the application you intent to use it, it is your sole responsibility to ensure the compatibility and suitability of the part you are purchasing is correct for your application.
Spa equipment is intended to be professionally installed, serviced - improper use or installation could result in injury, fire or death. Pool and Hot Tub Depot assumes no liability for any incidental, indirect, or consequential damages or losses resulting from the use of any products purchased on our website.
Installation requirements may differ by local code. You must obtain all permits as required, and have equipment professionally installed by a qualified person in your province.
29. Credit Card Dispute Abuse Policy
We strive for customer satisfaction and this fact is verified by customer feedback, as well as third-party organizations that monitor our performance. There is normally no legitimate reason for a customer to dispute a credit card charge (also known as a "chargeback") with us. It has been reported that a small minority of online shoppers have attempted to dispute charges fraudulently, with the criminal intent to obtain merchandise without paying for it.
To protect ourselves and our good customers, we have adopted the following policy:
All instances of chargeback abuse will be reported as delinquent accounts for collection. This action will also be reported to major credit bureaus and may be part of a consumer's credit file for 7 years. We also reserve the right to file a report with the RCMP for credit card fraud and seek criminal prosecution, along with a report to the RCMP Internet Crimes division, as appropriate. We further reserve the right to report the incident for inclusion in a chargeback abuser database.
If you believe you are entitled to a refund or adjustment through no fault of your own, please contact our Customer Service Help Desk. Our friendly & courteous customer service staff is here to assist you.
30. General Provisions
You agree that this agreement and your use of this Site are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in London, Ontario, Canada in all disputes: (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. This Site is made available to residents of Canada only. Use of this Site in any other jurisdiction is unauthorized. Pool & Hot Tub Depot has endeavoured to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials or Products on this Site are appropriate or available for use in any particular jurisdiction.
You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use. With the prior agreement of Pool & Hot Tub Depot, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Arbitration Act, 1991 and any such arbitration proceedings shall be brought and held in London, Ontario. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgement upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. You agree that Pool & Hot Tub Depot may at any time and without notice change the terms, conditions and notices under which this Site is offered. You agree that no joint venture, partnership, employment or agency relationship exists between you and Pool & Hot Tub Depot as a result of this agreement or your use of this Site.
Pool & Hot Tub Depot’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Pool & Hot Tub Depot’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Pool & Hot Tub Depot with respect to such use. This agreement, the privacy statement, and terms of sale incorporated, presented to you in connection with your transaction constitute the entire agreement between you and Pool & Hot Tub Depot with respect to this Site.
This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Pool & Hot Tub Depot with respect to this Site. No modification of this agreement shall be effective unless it is authored by Pool & Hot Tub Depot or its affiliates, or unless it is physically signed in blue ink by a Pool & Hot Tub Depot officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Pool & Hot Tub Depot in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Pool & Hot Tub Depot in printed form.
Pool and Hot Tub Depot and website, www.poolandhottubdepot.com, is owned and operated by Pool and Hot Tub Depot, an Ontario Registered Corporation, with its Mailing Address at:
195 Exeter Rd, Unit F, London Ontario Canada N6L 1A4
Last Update Dec 18, 2023