Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
- We pay Shipping and Handling on ALL orders over $75.00. Shipping and handling on all orders under $75.00 is just $4.99 no matter how many items you have. (Excludes International Orders and Shipments outside the Contiguous United States)
- Estimated delivery times are listed on the individual product pages.
- If you receive a damaged item from the shipping carrier you must refuse the package. If you sign and accept a package that is damaged you may not have recourse with the carrier for the damaged products. Concealed damage must be reported within 3 business days of receiving the item in order to file a shipping claim with the carrier.
- You must provide a shipping address that accepts delivery from all shipping carriers including, FedEx, UPS and USPS etc.
- Some items we sell are too large to ship with a normal carrier and must be transported by a freight company. When these items ship you will be notified via email with the name of the freight carrier and the tracking number, the carrier should contact you to schedule a delivery but if not, it is your responsibility to contact the carrier and arrange for delivery. You need to be home at the time of delivery, as these shipments require a signature upon delivery. If the product arrives and it is damaged you must refuse the delivery. If the damaged item is not refused there may not recourse with the shipping company and you would own the item as it was delivered. If the item is damaged and it is refused please contact us so we can get you a new product sent as quickly as possible. Please also note that you may be responsible to remove the item from the truck so please prepare accordingly.
Shipping Outside the Contiguous US:
- We offer shipping to the Alaska, Hawaii and the US Virgin Islands. All orders to these locations ship based on the weight and size of the items ordered and ship to address. The easiest way to obtain a shipping quote is to add the items you would like to purchase to your cart, and then proceed to checkout. The first portion of the checkout screen will ask for your address, at that point it will give you the shipping cost, you can then decide if you would like to proceed. All these orders ship via Fed-Ex, USPS or UPS. Customers are responsible for any applicable taxes, duties or any other fees charged by the Government or FedEx. Orders to these locations may take anywhere from 3 days to 3 weeks to arrive depending on your location and the products ordered. Chemicals which must ship with an ORM-D label (Bromine, Chlorine, Spa Shock, and more) FedEx will not carry to these locations. If we receive an order that contains ORM-D products those items will be canceled from the order. We do not ship freight shipments to these locations.
- We offer Zero Hassle Returns on Items that are unopened, unused and in original condition within 90 days of receiving the item(s).
- The returned item(s) must be in new, salable condition without cosmetic, packaging or any other damage and have all product tags, packaging and manuals.
- All returns require a RMA number (return merchandise authorization). Please provide a detailed description of why you wish to return the product(s) by email to firstname.lastname@example.org.
- Returns without a RMA number may result in the denial of the return and the package will be returned to you at your expense.
- We do not accept returns for “Custom” products, Chemicals (due to federal regulations), and Pool Paint.
- If you receive a product that is defective we will exchange or replace the item if notified by email within 7 days of you receiving the item. Any issues incurred with the product after 7 days will only be covered under the manufacturer’s warranty. There are some exceptions to this policy. Some manufacturers require that a technician, arranged by them, go to your home to determine if the product is defective or simply installed incorrectly (most common). This is actually the quickest and most effective option to determine the problem and resolve the issue.
- Returns on special order items are subject to a restocking fee of up to 50%. These items are clearly marked on the product page under availability as Special Order.
- Refunds are typically processed on eligible returns with 1 to 2 business days after receiving the product in our warehouse and are issued back to the same account used to make the purchase. Your bank or card issuer typically takes between 2 to 7 days to post it on your account.
- Customers are responsible for all actual shipping, packaging and handling charges and are non-refundable unless stated otherwise in our return/refund policy. This includes, refused, not accepted and undeliverable items returned to us by the shipping carrier because the address provided isn’t a address that the product can be delivered to by them.
- If you are returning an item using a return label provided by Sunplay and the return is not a result of our error, the cost of return shipping will be deducted from your refund.
- Products that are non-returnable or that do not comply with our return/refund policy will not be issued a refund.
- Canadian customers are responsible for any applicable taxes, duties or any other fees charged by the Canadian Government, United States Government, Canada Post, Fed-Ex, UPS or any other shipping carrier and are non-refundable.
- All refused, not accepted items will be deducted a 10% restocking fee or $5.00, whichever is greater from the product refund.
- Returns on special order items will be deducted a restocking fee of up to 50%.
COPYRIGHTS AND INTELLECTUAL PROPERTY
The entire content included in this site, including but not limited to text, graphics, logos, images, data, audio clips, video, software, code, and other material (collectively Content) is owned or licensed property of Sunplay. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Sunplay and protected by U.S. and international copyright laws. Sunplay and any licensor of Sunplay expressly reserve all intellectual property rights in all Content. NOTE: Copying or taking or re-publishing any images from this website is against the law and will subject you to significant legal penalties, including payment of damages.
LICENSE AND ACCESS
Sunplay grants you a limited license to access and make personal use of the Site and the Content for the sole purpose of placing an order with Sunplay or purchasing Sunplay products, and only to the extent such use does not violate these Terms and & Conditions including, without limitation, the prohibitions listed in the UNLAWFUL OR PROHIBITED USES section of these Terms & Conditions. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Content of this site is strictly prohibited, unless previously authorized in writing by Sunplay. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify, alter, or publish the Content in any way, delete or change any copyright or trademark notice, or violate these Terms and Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions and is unlawful. All trademarks, service marks and trade names of Sunplay used in the site are trademarks or registered trademarks of Sunplay.
UNLAWFUL OR PROHIBITED USES
This Site may only be used for lawful purposes as set forth in terms of the license granted above. As a condition of your use of the Site, you warrant to Sunplay that you will not use the Site for any purpose that is unlawful or for any purpose that is prohibited by these Terms & Conditions.
YOU MAY NOT:
- Make any commercial use of the Content, including copying, editing, or republishing any particular piece or combination of the Content, including images;
- download, copy, or transmit any Content for the benefit of any other commercial enterprise;
- use any meta tags or other hidden code or text utilizing Sunplay's name or marks;
- conduct fraudulent activities;
- reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
- remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Sunplay disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Sunplay does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Sunplay does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Sunplay shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Sunplay has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Sunplay product is mistakenly listed at an incorrect price, Sunplay reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Sunplay reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Sunplay shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Sunplay without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Sunplay may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Sunplay.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Sunplay products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Sunplay products) must be commenced within one (1) year after the claim or cause of action arises. Sunplay's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Sunplay may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Sunplay or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Sunplay does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Sunplay is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Sunplay reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Sunplay in its sole discretion.
You agree to indemnify, defend, and hold harmless Sunplay, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Sunplay may link to sites operated by third parties. However, even if the third party is affiliated with Sunplay, Sunplay has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Sunplay. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Sunplay seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).