Last updated: February 2023
Introduction
Welcome to the Ecoaqua® Water Filters website at ecoaqua.shop (the “Site”). This Site is owned and operated by Ecoaqua LLC (“Ecoaqua”, “we” “us” or “our”).
Please read these Terms & Conditions carefully before using our Site and purchasing our products. By accessing or using the Site or purchasing our products, you agree to be bound by these Terms & Conditions and all terms incorporated by reference. If you do not agree to all of these Terms & Conditions, do not access or use our Site.
We may periodically change these Terms & Conditions without prior notice. Your continued use of the Site after any changes means you accept the new Terms & Conditions. Please check these Terms & Conditions from time to time for any updates or changes.
Site Access
You must be at least 18 years old to use our Site.
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site conditioned on your continued acceptance of these Terms & Conditions. You may use the Site only for your personal, non-commercial use.
We reserve the right to withdraw or amend the content on the Site without notice. We may suspend, restrict or terminate your access to the Site at any time for any reason in our sole discretion, including if we believe you have violated these Terms & Conditions.
Product Purchase
You can purchase the products offered for sale on the Site. By purchasing a product through the Site, you agree to pay the stated price plus any applicable taxes.
All prices and product availability are subject to change without notice. The price charged will be the price in effect at the time your order is processed. Price increases will only apply to orders placed after the price change takes effect.
By placing an order, you represent you are at least 18 years old and have the legal capacity to enter into contracts.
Payment
You agree to pay for the products you purchase through the Site using your valid credit or debit card. We accept Visa, Mastercard, American Express and Discover cards.
Your card will be charged once your order has shipped. You agree to provide current, complete, and accurate purchase and account information for all purchases.
You are responsible for keeping your billing information up to date. You must promptly notify us of any changes to your billing information.
If you pay with a debit card, you authorize us to charge your debit card immediately upon placing your order. Your bank may place a temporary hold on the funds in your account, which will be removed once your actual debit is processed.
All transaction are processed securely through trusted third party payment processors. We do not directly process or store your credit or debit card information.
Shipping & Delivery
We will ship your order to the address you provide when you complete your purchase. You are responsible for providing a valid shipping address.
Delivery dates are estimates only based on average shipping times. We are not liable for any delivery delays. If there will be an extended delay in shipping your order, we will notify you and give you the option to cancel your order.
Title and risk of loss pass to you on delivery. We are not liable for lost, stolen, or damaged shipments. If your shipment appears damaged upon delivery, refuse the package and contact us immediately.
Returns & Refunds
If you are not completely satisfied with your purchase, you can return it for a full refund within 30 days of delivery.
To be eligible for a return, your product must be unused and in the same condition as when it was delivered. It must also be in the original packaging.
To complete your return, please email [email protected] and we will provide return instructions.
Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you of the status of your refund after inspecting the item.
If your return is approved, we will initiate a refund to your credit card (or original method of payment) within 5 business days. You will receive the credit within a certain amount of days, depending on your card issuer’s policies.
Please do not send your purchase back to the manufacturer.
Unfortunately, we cannot accept returns on:
- Gift cards
- Personalized orders
- Special order items
We also do not accept returns or exchanges on:
- Products that have been worn, used, altered, or are not in their original condition
- Hazardous, flammable, or combustible materials and liquids
Promotions & Discounts
We may periodically offer promotional discounts, coupon codes, or referral programs. Any offers are subject to the specific terms set forth in the offer details. Offers have no cash value.
We reserve the right to modify, restrict, or terminate offers at any time in our sole discretion. You may only use offers in accordance with these Terms & Conditions and any offer details. We may limit use of offers to one per customer. Offers cannot be combined unless stated otherwise.
Intellectual Property Rights
The Site and all of its content including text, graphics, logos, button icons, images, audio clips, product details, and software are the property of Ecoaqua or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Ecoaqua and protected by U.S. and international copyright laws.
All trademarks, service marks, trade names, trade dress, product names and logos appearing on the Site are the property of their respective owners and may not be copied, imitated or used in whole or in part without the permission of the applicable trademark holder.
Ecoaqua does not grant any license or other authorization to use any trademarks, service marks or other intellectual property by placing them on the Site. Do not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any content, including product descriptions or images, available on the Site.
Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents of the Site may be a violation of federal common law trademark and/or copyright laws and could subject you to legal action.
User Content
If you submit, upload, post, or transmit any content to the Site, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform that content in connection with operating and promoting the Site, Ecoaqua’s business, and our products.
You are solely responsible for any content you submit, upload, post or transmit via the Site. You must obtain all required permissions and licenses related to any submitted content. You represent that you have all rights necessary to submit the content and grant the licenses in this section.
You understand that we have no control over and are not responsible for restricting access to your content. We have the right, but not the obligation, to monitor, restrict access to, or remove any content submitted to the Site. We may remove content that violates these Terms & Conditions or is deemed by us to be objectionable.
User Conduct
You agree to use the Site only for lawful purposes and in accordance with these Terms & Conditions. You agree not to:
- Use the Site in any way that violates federal, state, local or international law, regulations or other government requirements.
- Infringe on our or any third party’s intellectual property rights, rights of publicity or privacy.
- Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site.
- Post, upload or transmit unauthorized commercial communications, advertisements, pyramid schemes, or other unsolicited bulk email, spam or junk email to other Site users.
- Transmit any viruses, worms, defects, Trojan horses, malware or any items of a destructive or deceptive nature.
- Bypass any measures used by us to prevent or restrict access to the Site.
- Use any automated systems, scraping or data mining to access, collect or extract data from the Site.
- Use the Site to stalk, harass, harm another individual or engage in any predatory or deceptive practices.
We reserve the right to terminate your access to the Site if we believe you have violated these Terms & Conditions.
No Warranties
The site and all products are provided on an ‘as is’ basis. We make no warranties or representations as to the site’s accuracy, completeness, reliability, currentness or any other aspects.
We expressly disclaim any and all warranties, express or implied, regarding the site including warranties of merchantability, title, non-infringement, fitness for a particular purpose and any warranties arising from usage or trade.
We make no warranties, express or implied, that any defects or errors in the site or products will be corrected. You expressly understand and agree that your use of the site and purchase of any products is at your sole discretion and risk.
Limitation of Liability
In no event will Ecoaqua, its affiliates, directors, officers, employees or other representatives be liable for special, indirect, consequential, incidental, punitive or exemplary damages, costs, expenses, legal fees, lost profits, items or services, opportunity costs, or losses of any kind arising from your use of the site.
Our total aggregate liability for any claims arising from your use of the site is limited to the amount you paid to us, if any, for use of the site.
Certain state laws do not allow limitations on implied warranties or exclusion of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply and you might have additional rights.
Indemnification
You agree to defend, indemnify, and hold Ecoaqua and its officers, directors, shareholders, members, managers, employees, agents, contractors and representatives harmless from any claims, damages, costs and expenses (including attorneys’ fees) arising from your use of the Site, violation of these Terms & Conditions, violation of any law, regulation or third party right, or any alleged violation.
We reserve the right to exclusively defend and control any such claims subject to indemnification and you agree to cooperate with us upon request.
Dispute Resolution & Arbitration
For any dispute you have with Ecoaqua, you agree to first contact us and attempt to resolve the dispute with us informally. Our customer service team is available by email at [email protected].
If the dispute is not resolved within 60 days of submission, then either party may submit the dispute to final and binding arbitration administered by the American Arbitration Association (AAA) before a single arbitrator under its Commercial Arbitration Rules.
Arbitration will be held in Nashville, Tennessee unless both parties agree otherwise. Each party will bear their own costs and attorneys’ fees. The arbitrator’s award will be final and binding.
You and Ecoaqua both agree that we intend that this Section 19 means arbitration will be exclusive means of redress for any disputes between us. Neither party may pursue a claim in court or participate in class action litigation.
You may choose to opt out of this arbitration agreement within 30 days of accepting these Terms & Conditions by emailing us at: [email protected]. Note that opting out of the arbitration agreement does not affect any other portion of these Terms & Conditions.
Governing Law
These Terms & Conditions and any dispute or claim you have against Ecoaqua will be governed by the laws of the State of Tennessee, without regard to conflict of law principles. Any dispute or claim not subject to the arbitration agreement in Section 19 must be resolved exclusively in the state or federal courts located in Davidson County, Tennessee.
Severability
If any provision of these Terms & Conditions is found unenforceable, the remaining provisions will remain in effect and the unenforceable provision will be deemed modified to the limited extent required to permit its enforcement.
Assignment
You may not assign, transfer or sublicense any of your rights under these Terms & Conditions without our express prior written consent. We have the right to assign these Terms & Conditions without notice or consent. These Terms & Conditions will be binding on any permitted successors and assigns.
Entire Agreement
These Terms & Conditions including the policies incorporated by reference constitute the entire agreement between you and Ecoaqua regarding the subject matter and supersede any prior understanding. Additional terms may apply to the purchase of specific products or services offered on the Site. However, those additional terms do not change these Terms & Conditions unless explicitly stated otherwise.
Contact Us
If you have any questions, concerns or suggestions regarding our Terms & Conditions, please feel free to contact us at:
Ecoaqua LLC
123 Main St
Nashville, TN 37201
Email: [email protected]
