Terms and Conditions of Use   

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By using this Site, you agree to the following terms of use. If you do not agree to these terms, you may not use this Site. ModSaunas.com reserves the right, at any time, to modify, alter, or update these Terms of Use. By accepting our terms of use, you agree to be bound by such modifications, alterations, or updates.  
 
General
      The information contained in this Site, including but not limited to the rules that govern the use of the Site, is subject to change without notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules as changed.  
 
Copyright & Trademarks 
  This website and its contents are intended for your personal use. Unless otherwise noted, all content on this site, including text, graphics, logos, button icons, images, audio clips, and software, is the property of ModSaunas.com and protected by United States and international copyright laws. All software used on this site is the property of ModSaunas.com and protected by United States and international copyright laws. Third Party content providers also own copyrights in the content original to it. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the site content, on this site, in whole or in part. You may download or copy one copy of the site content for personal, noncommercial use only, provided that no changes in or deletion of author attribution, trademark, legend, copyright notice, or other proprietary notices shall be made. Downloading or copying site content for other than personal, noncommercial use is expressly prohibited without the prior written permission of us or any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or copying any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the site or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent. 
      You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on the Site. 
      The ModSaunas.com Web site and logo are service marks of SimplyRest, LLC.  All other trademarks, product names and company names or logos cited herein are the property of their respective owners.  

Our Electronic Communications to You
      You agree to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

Order Acceptance
      The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. ModSaunas.com reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order. Prices and availability of products on the Site are subject to change without notice.   

Product Descriptions
      ModSaunas.com and its affiliates attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
      Errors will be corrected when discovered, and ModSaunas.com reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).
      In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have 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 canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your purchase you may return it as described in our Return policy.  

Age Restriction
      Our web sites are general audience sites. Children under the age of 13 should always ask their parents or guardians for permission before providing any personal information to anyone online. We urge parents and guardians to participate in their children's online activities and use parental control or other web filtering technology to supervise children's access to the web.
      By making a purchase, you are agreeing that you are at least 18 years of age (or supervised by a legal guardian) and legally bound to these terms and conditions.  

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 ModSaunas.com 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. 
 
Links to Other Web Sites
      ModSaunas.com makes no claim or representation, and accepts no responsibility, regarding the quality, nature, or reliability of the sites accessible by hyperlinks from this Site, or Web sites linking to this Site.   
 
Cancellation Policy   
Cancellation after 0-24 hours

• No fees will apply for orders canceled up to 24 hours after you initially placed them.

Cancellation after 24 hours- Until Order is Shipped
Fee schedule for orders canceled after 24 hours, but before order has shipped:

• Orders for $0-$100.00- 5% Fee
• Orders for $100.01-$500.00- $19.00 Fee
• Orders above $500.01 - $39.00 Fee

Cancellation after Order is Shipped or Refusal of Delivery

• If you require the cancellation of an order after it has been shipped or you refuse delivery, you will be responsible a 15% restocking fee and for shipping fees incurred both ways. This includes shipping to your address and return shipping back to ModSaunas.com.
• This policy applies to all orders and includes orders that were shipped with promotional or complementary free shipping.

Damaged/Defective Products

• For Normal Delivery Items: Please open and carefully inspect your package upon arrial. You must notify us within 72 hours if you received a damaged or defective product. It will be repaired or replaced at no charge to you.
• For Oversized Delivery Items, damage must be documented on delivery paperwork and reported immediately. Please refer to the "Oversized Delivery" section.
• After 72 hours all products will fall under the warranty of their respective manufacturer. Please refer to any warranty information that came with your items for further instructions.

 
 
Return Guidelines:
Products may be returned in accordance with the following guidelines.

• The customer is responsible for shipping costs both ways. If product was shipped with promotional free shipping, actual cost of shipping will be deducted from refund.
• All returned orders are subject to a 15% restocking fee.
• If products are not returned with good faith (i.e. damaged due to faulty packaging, used, etc.) then a restocking fee of 25% will apply.

In order to return a product, the following criteria must be met:

• Product must be in new, unused condition
• Return must be initiated within 20 days of receipt, and product must arrive to us within 30 days of the day it was shipped
• You must call us by phone for a return authorization number (RMA) prior to shipment
• Product must be packaged in original packaging or equivalent due to high risk of damage. This means boxes, shrink wrap, tape, foam, etc.

   Once you have contacted us for an RMA number and received approval to return the product, you are responsible for shipping it back to us, or we can schedule a pick up upon request. We suggest you ship via a traceable carrier for your protection. Once we have received the product, we will inspect it and process your refund within 5-7 business days. If you paid with a credit card, the return will be refunded back to that card. If you paid by check, then a company check will be mailed to your address. 
 
Oversized Standard Delivery Policy

• Oversized items, such as Saunas, Steam Showers, Vanities, Bathtubs, & Toilets, are delivered via freight carrier directly to your address. This process usually takes 1-6 weeks. Please allow an additional week for more rural areas.
• You should always open your products and inspect all parts and items within 72 hours of receipt, even if you are not installing it for months, as the shipping company only allows 72 hours in which we can report damage claims.

     Receiving Oversized Packages

• Before signing the delivery receipt, inspect the carton(s) and parts for damage (including dents, crushing, creasing, tears, etc). If during delivery, it is obvious the item(s) are damaged, you may ask the driver to unpack and inspect the contents with you. ALL damage must be noted this on the Bill of Lading, and you must have the driver note this with his own signature. Write “ Refused due to damage” on the slip. If there are multiple boxes in your shipment, refuse only those which show damage. Make sure you keep your copy and immediately notify use for more information.
• If the delivery receipt/bill of lading is signed with no damage notated, you are accepting the package in good condition. If no damage is noted on the delivery receipt, than it is very difficult to file a claim with the shipping company.
• Once an item is discovered to be damaged, you have 72 hours to report this to us, after which the shipping company will no longer accept claims and you may be liable for replacement parts.
• You must keep all boxes and packaging for a damaged item, as the shipping company will have an inspector assess packages for damage and determine if they are able to file a claim. Without packaging, the shipping company will not assume liability as there is no way to know whether the damage occurred in delivery or in the home.
• After you accept delivery, it is a wise idea to keep all packing slips for at least 30 days.

Important Information:

• The freight carrier will contact you with the telephone number(s) you provided us at checkout. Please make sure these are accurate.
• The freight carrier will contact you 24-48 hours in advance to schedule delivery. Available delivery times will vary depending upon the freight company's schedule.
• Most items will be delivered to only the nearest ground level entrance of your home/business. Exceptions include apartments and unusual driveways. You must have an able-bodied person present at delivery to assist the freight driver with moving heavy or bulky items and to inspect and sign for packages. If no one is present at delivery, rescheduling fees may apply. Some freight carriers will provide stair service or bring the item(s) to a specific room for an additional fee. Please see the fee schedule below.

Oversized White Glove Delivery Policy
      Some products have the option to be delivered via White Glove Delivery service, which can be chosen from the product page before checkout if available. When the freight company calls to schedule delivery, you may be able to add additional services. Please note that there may be an additional fee for your optional requested services.   
White Glove Service includes:

• Delivery up to two flights of stairs
• Unpacking of item(s)
• Removal of packaging debris
• Limited product set up (15 minutes)
• No use of tools
• Please Note: you must thoroughly inspect the assembled product before signing the delivery slip. Clearly note any damage, blemish or defect on the delivery paperwork and refuse delivery.
• Signing for White Glove Delivery without stating any problems on the delivery paperwork will indicate that the item(s) were in good condition after assembly. ModSaunas.com, our freight carriers, and our suppliers are not responsible for any defects, damages, or blemishes (such as tears, scuffs, or holes) that are not noted on the delivery paperwork.

Additional fees may apply for the following:

• Redelivery: If you miss your delivery appointment, the freight carrier may charge you a fee ranging from $25-$125. The decision to redeliver is solely that of the freight carrier. Your item(s) may be redelivered to ModSaunas.com if you miss you appointment or if the freight company is unable to contact you. In the event this occurs, the cost of return shipping will be deducted from your refund. Please see the Refused Delivery section.
• Storage Charges: You have 1 business day to respond to the freight carrier once they contact you to arrange delivery. If the freight carrier has not heard from you and needs to store your item(s), you may be charged storage fees up to $50/day. Storage fees may also apply if you are not able to accept delivery within 3 business days of the carrier contacting you.
• Refusal of Delivery: You will be responsible for the total shipping costs for the refusal/return of any non-defective or undamaged item. This includes shipping to you and return shipping. Adjustable beds will also incur a restocking fee of 20% of the item's price. Return shipping fees are to be paid directly to the freight company prior to shipment. If fees are not paid in advance, they will be deducted from your refund.
• Extra Labor Fees: If you would like your item(s) to be carried into your home or up any stairs, additional fees may apply. additional fees also may result if your home/business has a steep slope leading to the entranceway. These fees are usually around $25-$50 and are negotiated and paid directly to the driver. extra options are not available in all areas.

By purchasing an oversized item, you authorize ModSaunas.com and/or the freight carrier to assess any additional fees as necessary to credit card according to the fee schedule above. 
 
Warranties and Disclaimers
      ModSaunas.com intends for the information and data contained in the Site to be accurate and reliable, however, since the information and data have been compiled from a variety of sources, it is provided "AS IS." You expressly agree that your use of this site is at your sole risk. SimplyRest, LLC expressly disclaims all warranties and/or conditions, express or implied, as to any matter whatsoever relating to or referenced by this site, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non-infringement.
      All products on our site with an expressed or implied warranty is warranted by their respective manufacturer. ModSaunas.com accepts no liability for manufacturer warranty claims. Warranty specifications may be viewed on the product page. If no warranty is expressed or implied in writing, then there is no warranty on the product. By purchasing the product, you agree to and accept these terms. 
Professional Installation & Use of  Products
      All products must be installed by a licensed plumber and or electrician, or the manufacturer warranty will be voided. The purchaser of a steam shower, sauna unit, whirlpool tub, toilet, or shower panel accepts full responsibility and liability for proper use, operation, installation. All products on ModSaunas.com are intended for personal, residential use and are not to be used for commercial purposes. 
      The purchaser agrees to hold harmless and indemnify ModSaunas.com and SimplyRest, LLC from any lawsuits, judgments, actions, or liability claims arising from the use of these products. 
Important Notes
      ModSaunas.com advises that customers do not book a plumber or carry out preparatory work to the bathroom until the products have been received and inspected for damage. ModSaunas.com is not liable for any losses from plumber fees or preparatory costs. 
 
Indemnification/Liability Notice
      IN NO EVENT SHALL MODSAUNAS.COM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF MODSAUNAS.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. 
      You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
      All products must be installed by a licensed plumber and or electrician, or the manufacturer warranty will be voided. The purchaser of a steam shower, sauna unit, whirlpool tub, toilet, or shower panel accepts full responsibility and liability for proper use, operation, installation. All products on ModSaunas.com are intended for personal, residential use and are not to be used for commercial purposes. 
      The purchaser agrees to hold harmless and indemnify ModSaunas.com and SimplyRest, LLC from any lawsuits, judgments, actions, or liability claims arising from the use of these products. 
 
 
Applicable Laws
      This Web site is operated by SimplyRest, LLC from its offices in Tempe, Arizona, USA. The law of the State of Arizona shall govern these terms and conditions, without reference to its choice of law rules. SimplyRest, LLC makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
      You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Site and your purchase of products or services through our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Conditions of Use or the our privacy policy ("Privacy Policy"), we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Conditions of Use or the Privacy Policy could be subject to criminal or civil penalties. 
Use of this site constitutes acceptance of our Terms of Use.
All rights reserved.