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BAY-LUX
We specialize in above ground pool installation and services.
(757) 277-8978
Welcome to our Terms and Conditions and Return Policy Page
At Bay Lux Above Ground Pool Installation Services, we are committed to providing our customers with the best possible service. To ensure this, we have a comprehensive set of Terms and Conditions, a Privacy Statement, and a Return Policy to provide you with the peace of mind you need when making purchase decisions.
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Below you can also see our contract information for quick reference.
CONTRACT INFORMATION
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Worksite:
Customer shall give Contractor access to Worksite. Customer is responsible to mark sprinkler heads and lines or any other latent wiring. Customer is responsible for removing any property from the Worksite before the Contractor is to begin work and understands that property left in or around the Worksite may become damaged. Customer understands that the use of heavy machinery and cement trucks may need to access the Worksite and there may be resulting damage to lawn and/or cement. Customer understands that the machinery, trucks, and equipment may need to pass over other portions of the property to reach the Worksite and may leave tracks, treads, and other markings. Contractor will use reasonable methods to keep Worksite from any damage but makes no guarantee, warranty, or promise about the condition of the worksite or surrounding property at the completion of the Work. Customer waives any claim against Contractor from damage caused to Worksite resulting from the Services performed by Contractor, except for intentional acts by the Contractor, but this does not include intentional acts by any worker or sub-contractor employed by the Contractor. Customer understands that significant soil disruption may be necessary and that landscaping may be damaged by the instillation process. Customer permits the Contractor to use reasonable discretion in employing heavy machinery, trucks, and similar equipment that may cause damage to landscaping or the Customer’s property without further approval from Customer. Contractor is not responsible for any yard work, landscaping or backfilling around the pool or work area. Any backfilling requested by the customer will be paid for separately and will be an additional cost. The contractor will not haul away any boxes, debris, parts of liner or pool. When agreed upon taking materials to the curb, the Contractor will not take any materials past the curb, placing them on the street. The Customer is responsible for any materials taken to the curb, for city pick up or trash collection, to abide by the required guidelines of the local municipality.
Permits and Approvals.
Customer is responsible for obtaining the necessary permits, city/county inspections, and paying any related fees. Customer shall be responsible for informing Contractor of any association/board clauses or deed restrictions regarding the Worksite that may affect or relate to the Services. Contractor makes no guarantees that a particular product complies with any ordinances, laws, or zoning regulations. Customer is solely responsible for ensuring his desired product complies with any regulations or agreements from or by any sources before contracting with the Contractor. The Customer states that he has performed his due diligence in seeking or obtaining all required permits and inspections by signing this contract.
Modifications to Service/Exculpatory Clause.
The Service defined in this agreement is based off the information presented by Customer and present and visible to Contractor and Customer at the time of the estimate. Both parties understand that there may be additional costs due to unforeseen increase in cost of material, additional services or materials needed due to latent defects or unexpected existing damage. These unforeseen delays concerning events outside the control of the Contractor, do not constitute abandonment and are not included in calculating timeframes for payment or performance. Abandonment is defined as the unjustified cessation of work under this agreement for a period of thirty (30) business days. Any changes or modifications affecting the cost of the Service under this agreement shall be in writing and signed by both parties via a Change Order. Customer acknowledges and affirms that the Estimated Completion Date is based off of Contractor’s estimate but the Start Date and Completion Date may vary due to weather conditions, availability or dramatic increase to cost of materials and inspectors and other scheduling needs.
Change Orders.
A Change Order is defined as any modification to the original contract (Proposal) including, but not limited to, change in materials and change in the scope of work. Contractor’s Change Order process shall be implemented for any modification to this agreement. All material changes to this Contract not made through a change order are void. Contractor will not order materials or begin work on a changed or additional portion of the work until the entire estimated balance of the Change Order is paid in full. Any Change Order will become an addendum to this agreement and shall be in writing, signed, and dated by both parties. Customer understands and agrees that changing or modifying the Contract or work could increase the cost and delay completion of the work.
Delay.
Where Contractor is prevented from completing the work specified in this agreement as stated due to a delay beyond the control of Contractor, the Customer will agree to such needed adjustment to the Estimate Completion Date which may be stated in a Change Order. Circumstances beyond the control of Contractor shall include but are not limited to: intentional acts or negligence by Customer, intentional acts or negligence of utility workers or other contractors or sub-contractors performing work as part of this Agreement, back order on materials, material change or increase in cost of materials, fires, floods, epidemics, abnormal weather conditions, unexpected storms, issues with materials being delivered damaged, broken, or otherwise unusable, unexpected damage or repairs that were unknown at time of scheduling, unforeseen Worksite conditions, or acts of God. If Delay is caused by the Customer’s failure to provide access to the Worksite during the scheduled time of performance resulting in the Contractor being unable to complete the work as scheduled, the Contractor reserves the right to re-schedule the Services and charge $500.00 per day to cover the cost of the committed personnel of the Contractor. The Parties agree to work together to accommodate re-scheduling.
ALL SERVICES ARE PROVIDED “AS IS.” CONTRACTOR HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND CONTRACTOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY CONCERNING ANY THIRD-PARTY MATERIALS OR PRODCUTS IS STRICTLY BETWEEN THE CUSTOMER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS. CONTRACTOR MAKES NO GUARANTEE THAT INSTILLATION WILL COMPLY WITH THIRD-PARTY OR MANUFACTURER’S WARRANTIES.THE CONTRACTOR IS NOT RESPONSIBLE FOR ANY MISSALIGNMENT, FITMENT, WRINKLES, FOOTPRINTS, MARKINGS, ROCKS OR DEBRIS IN LINERS.
Storage of Materials and Equipment.
Contractor may need to store materials and equipment necessary for the Services on Worksite. Customer will reasonably assist the Contractor to provide a location to store materials for the Work specified above. Customer will provide a reasonable storage area on or around the Worksite for Contractor’s equipment when Contractor asks for such accommodation.
Late or Returned Payment.
Contractor may charge $100 for a returned check and charge a 10% late charge each month on any remaining balance after completion of the work. The first late charge shall be charged immediately at the Customer’s failure to make or tender a timely payment by a reasonable means. Customer permits the Contractor to return any credit or debit card information Customer provides and to use that information in receiving the Contractual payments due to the Contractor at the requisite time.
Cancellation Fee.
The Contractor has multiple jobs and works hard to maintain an efficient but realistic schedule to meet all of its Customer’s timeline and complete work in a timely manner with quality service. The Contractor, at times, will focus on the Customer’s job to the detriment of other clients or potential clients. For these reasons and others, if the Customer cancels the contract 14 business days, excluding federal and Virginia state holidays, prior to the scheduled start date the Customer shall forfeit the 25% payment due at signing. The Customer and Contractor explicitly agree this provision is not a penalty and that the amount is a reasonable estimation of the potential value and costs Contractor will suffer from Customer’s cancellation in violation of the agreement. Notice of Cancellation must be made in writing, signed, and dated by the Customer and is not effective unless complying with these terms. The Notice of Cancellation shall be considered received when the writing reaches the Contractor’s possession or mail box. The Contractor shall have one hundred twenty (120) to return any other Customer funds after the Notice of Cancellation is properly given.
Attorneys' Fees and Dispute Resolution.
Each party shall pay his own lawyer fees and other costs arising out of a dispute, except that, if Contractor needs to institute collections process or bring a suit to collect on this Agreement, the Contractor shall have the right to recover any and all attorney’s fees and costs associated therewith. Customer agrees to binding Alternative Dispute Resolution to resolve any dispute with the Contractor. Contractor’s rights to pursue all available legal remedies and actions shall not be limited.
Entire Agreement.
This agreement and any addenda included, Change Orders, attached hereto shall constitute the entire agreement between the Contractor and Client. Any amendment hereto must be in writing, dated, and signed by each party.
No Waiver.
Failure of any party to this Agreement to exercise any rights shall not constitute a waiver of those rights.
Termination.
Contractor reserves the right to terminate the contract due to irreconcilable differences with Customer. The Contractor will return any unused portion of the deposit and complete or cause to complete any portion of the Services for an easy transition.
Independent Contractor.
Contractor is an independent contractor, not Customer’s employee. Contractor's employees or contract personnel are not Customer’s employees. Contractor and Customer agree that Contractor has the sole right to control and direct the means, manner and method by which the Services required by this agreement will be performed.
Enforceability.
If one or more of the provisions of this agreement shall be held unenforceable, it shall not affect the enforceability of the other provisions.
Ambiguities.
Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this agreement. The language in this agreement shall be interpreted as to its fair meaning and not strictly for or against any party. The parties agree that evidence of any prior or contemporaneous oral agreement, or of a prior written agreement, will not be admissible to contract the express terms of the contract in an action based on this contract or of circumstances arising from the work performed in relation to this contract.
Applicable Law.
This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its choice of law provisions.
Disclosure.
The Virginia Contractor Transaction Recovery Act provides relief to eligible consumers who have incurred losses through the improper or dishonest conduct of a licensed residential contractor. The Recovery Fund is supported entirely by assessments paid by licensed contractors, not by any tax revenues. More information may be obtained through the following:
www.dpor.virginia.gov/Boards/Contractors_Recovery_Fund (804) 367-1559 RecoveryFund@dpor.virginia.gov
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THERMS OF SERVICE
OVERVIEW
This website is operated by Bay Lux LLC. Throughout the site, the
terms “we”, “us” and “our” refer to Bay Lux LLC. Bay Lux LLC
offers this website, including all information, tools and Services
available from this site to you, the user, conditioned upon your
acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in
our “Service” and agree to be bound by the following terms and
conditions (“Terms of Service”, “Terms”), including those additional
terms and conditions and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors, customers,
merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using
our website. By accessing or using any part of the site, you agree to be
bound by these Terms of Service. If you do not agree to all the terms
and conditions of this agreement, then you may not access the website or
use any Services. If these Terms of Service are considered an offer,
acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall
also be subject to the Terms of Service. You can review the most current
version of the Terms of Service at any time on this page. We reserve the
right to update, change or replace any part of these Terms of Service by
posting updates and/or changes to our website. It is your responsibility
to check this page periodically for changes. Your continued use of or
access to the website following the posting of any changes constitutes
acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online
e-commerce platform that allows us to sell our products and Services to
you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at
least the age of majority in your state or province of residence, or
that you are 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 the Service, 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.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
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.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service or
any contact on the website through which the service is provided,
without express written permission by us.
The headings used in this agreement are included for convenience only
and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided for
general information only and should not be relied upon or used as the
sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any
reliance on the material on this site is at your own risk.
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. You agree that it is your responsibility to monitor changes to our
site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service
(or any part or content thereof) 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 the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through
the website. These products or Services may have limited quantities and
are subject to return or exchange only according to our Return Policy.
To view our Return Policy, please check our return policy below
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 color will be
accurate.
We reserve the right, but are not obligated, to limit the sales of our
products or Services 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 products or Services that we offer. All
descriptions of products or product pricing are subject to change at
anytime without notice, at the sole discretion of us. We reserve the
right to discontinue any product at any time. Any offer for any product
or service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services,
information, or other material purchased or obtained by you will meet
your expectations, or that any errors in the Service will be corrected.
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 e-mail 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 at our store. 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.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we
neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is”
and “as available” without any warranties, representations or conditions
of any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party
tools.
Any use by you of the optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that you
are familiar with and approve of the terms on which tools are provided
by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through
the website (including, the release of new tools and resources). Such
new features and/or Services shall also be subject to these Terms of
Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service 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. We are not responsible for examining or
evaluating the content or accuracy and we do not warrant and will not
have any liability or responsibility for 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 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, 'comments'), you
agree that we may, at any time, without restriction, edit, copy,
publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no obligation
(1) to maintain any comments in confidence; (2) to pay compensation for
any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that
we determine in our sole discretion to be unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these
Terms of Service.
You agree that your comments will not violate any right of any
third-party, including copyright, trademark, privacy, personality or
other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that
could in any way affect the operation of the Service or any related
website. You may not use a false e-mail address, pretend to be someone
other than yourself, or otherwise mislead us or third-parties as to the
origin of any comments. You are solely responsible for any comments you
make and their accuracy. We take no responsibility and assume no
liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by
our Privacy Policy. To view our Privacy Policy, please see [LINK TO
PRIVACY POLICY]
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service 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 in the Service or on any
related website 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 in
the Service or on any related website, including without limitation,
pricing information, except as required by law. No specified update or
refresh date applied in the Service or on any related website, should be
taken to indicate that all information in the Service or on any related
website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service,
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 the Service or any related website for violating any of the
prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service
will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of
the service will be accurate or reliable.
You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time, without
notice to you.
You expressly agree that your use of, or inability to use, the service
is at your sole risk. The service and all products and Services
delivered to you through the service are (except as expressly stated by
us) provided 'as is' and 'as available' for your use, without any
representation, warranties or conditions of any kind, either express or
implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall Bay Lux LLC, 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 service or any
products procured using the service, or for any other claim related in
any way to your use of the service or any 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 service or any
content (or product) posted, transmitted, or otherwise made available
via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such
states or jurisdictions, our liability shall be limited to the maximum
extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Bay Lux LLC and our
parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising
out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of
a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service 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
of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes.
These Terms of Service are effective unless and until terminated by
either you or us. You may terminate these Terms of Service at any time
by notifying us that you no longer wish to use our Services, or when you
cease using 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 of Service, we also may
terminate this agreement at any time without notice and you will remain
liable for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part
thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or
provision.
These Terms of Service and any policies or operating rules posted by us
on this site or in respect to The Service constitutes the entire
agreement and understanding between you and us and govern your use of
the Service, 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 of
Service).
Any ambiguities in the interpretation of these Terms of Service shall
not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide
you Services shall be governed by and construed in accordance with the
laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any
time at this page.
We reserve the right, at our sole discretion, to update, change or
replace any part of these Terms of Service 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 of
Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
office@bay-lux.com.
Our contact information is posted below:
Bay Lux LLC
office@bay-lux.com
5264 Lowery Downs Virginia Beach VA 23464
7572778978
RETURNS
We have a 14-day return policy, which means you have 14 days after
receiving your item to request a return.
To be eligible for a return, your item must be in the same condition
that you received it, unworn or unused, with tags, and in its original
packaging and the items are not custom or specially ordered. We do not
sell or market any items in refurbished or used condition so all returns
or exchanges will have a minimum of twenty five percent (25%)
restocking fee, in some situations depending on the vendor, up to thirty
percent (30%). All return or exchange shipping costs are a
responsibility of the customer.
All returns or exchanges must conform to our shipping terms and their
associated costs.
To start a return, you can contact us at office@bay-lux.com. Please
note that returns will need to be sent to the following address:
5264 Lowery Downs, Virginia Beach, VA, 23464, United States
Any items sent back to us without first requesting a return will not be
accepted. Please note that if your country of residence is not United
States, shipping your goods may take longer than expected. The user is
responsible for the shipping costs to ship the defective product back to
Bay Lux LLC or vendor. Be sure to obtain a tracking number for your
return items sent to Bay Lux LLC.
RMA # (Return Merchandise Authorization) Must Be Visible On The
Returning Package Or It Will Be Refused By Vendor.
You can always contact us for any return questions at
office@bay-lux.com.
Non-Returnable Items.
Inground Pool Kits, regardless of the brand, cannot be returned.
Custom Ordered Item, once payment and signed documents are received,
orders cannot be canceled.
Inground Pool Liners, regardless of the brand, cannot be returned.
Custom Ordered Item, once payment and signed documents are received,
orders cannot be canceled.
Semi-inground pools, regardless of the brand, cannot be returned.
Custom Ordered Item, once payment and signed documents are received,
orders cannot be canceled.
Automatic Swimming Pool Covers, regardless of the brand, cannot be
returned.
Custom Ordered Item, once payment and signed documents are received,
orders cannot be canceled.
Safety Mesh & Solid Swimming Pool Covers, regardless of the brand,
cannot be returned.
Custom Ordered Item, once payment and signed documents are received,
orders cannot be canceled.
Above Ground Pool Kits, regardless of the brand, cannot be returned.
Inground Spas, Spill Over Spas or Above Ground Spas & Hot Tubs,
regardless of the brand, cannot be returned.
Pool Slides, regardless of the brand, cannot be returned.
Pool Chemicals cannot be returned.
Pool Krete or Pool Base with vermiculite cannot be returned.
Diving Boards cannot be returned.
Game Tables, Pool Tables, Foosball Tables, Air Hockey Tables, Shuffle
Board Tables, Poker Tables & Game Room Furniture, regardless of the
brand, cannot be returned.
Patio Furniture, Fire Pits, Outdoor Heaters & Pool Lounge Chairs,
regardless of the brand, cannot be returned.
Custom Grill Carts & Islands (cut for specific grill/refrigerator sizes)
regardless of the brand, cannot be returned. If production has started
on a custom grill cart/island, orders cannot be canceled.
Saunas, regardless of the brand, cannot be returned.
Massage Chairs, regardless of the brand, cannot be returned.
Aluminum Pool Coping, Individual Pool Wall Panels, Individual Pool Wall
Braces, regardless of the brand, cannot be returned.
Replacement DE Filter and Cartridge Filter Elements that have been
Opened, can not be returned.
With your purchase of any product from the Site, you shall be provided with the product manufacturer’s warranty, if any. Bay Lux does not separately provide any warranty to any product purchased on the Site.
Further, Bay Lux EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE
as to all products sold on the www.bay-lux.com .
Damages and Issues
Please inspect your order upon receipt and contact us immediately if the
item is defective, damaged, or if you receive the wrong item, so that we
may evaluate the issue and make it right.
Certain types of items cannot be returned, like perishable goods (such
as food, flowers, or plants), custom products (such as special orders or
personalized items), and personal care goods (such as beauty products).
We also do not accept returns for hazardous materials, flammable
liquids, chemicals, or gases. Please get in touch if you have questions
or concerns about your specific item.
Shipping Damage
All orders are shipped in perfect condition but sometimes damage occurs
in transit. If the damage is not noted at the time of delivery the
Customer agrees to file a concealed damage freight claim with the
company that delivered their order. If the damage is not noted at the
time of delivery Bay Lux cannot file a claim for the customer.
The recipient MUST check for shipping damage before signing the delivery
ticket.
The recipient must report any missing and/or damaged items before the
shipper leaves. Report items on the bill of Lading and then email Bay
Lux LLC at office@bay-lux.com
All damaged items must be sent back with the shipper for a quick
replacement of the damaged item.
If the customer does not note damages or missing items on the Bill of
Lading at the time of delivery, then the customer must file a damage
claim “Concealed Damages” form with the shipping company and be
reimbursed by the same (all forms, including claims forms, will be
e-mailed to you after order is finalized). Bay Lux will then ship
all necessary items out via standard ground UPS or common freight
carrier.
Bay Lux LLC will not be held responsible for:
Costs associated with any equipment rentals that may be affected due to
products damaged in transit.
Costs associated with hired help due to products damaged in transit.
Shipping information
UPS or FedEx are typically used on purchased items weighing less than
100 lbs.
LTL Freight Shipments: Larger items such as swimming pool kits, hot tub
spas, pool lifts, saunas, large above ground pool liners, inground pool
liners, game tables, grills, grill carts and islands, patio furniture,
and fire pits will be shipped via less than truckload shipping (LTL) via
common carrier, applicable charges to apply.
Additional charges will apply on all orders requesting or requiring
expedited shipping.
In-stock products will ship from the warehouse in 7-10 business days,
from the date order received. Allow 2-7 additional business days for
delivery depending upon location.
Special order items may require additional shipping fees unless
otherwise stated. Email or call for international inground pool kit
shipping rates.
Homeowner responsible for all necessary town, city, county, and state
permits and verifying that equipment ordered and/or purchased meets all
town, city, county, and state requirements before placing the order. Bay
Lux will not be responsible for equipment that does not meet town,
city, county, and state requirements. Raised seal and stamped drawings
are available to purchase for states requiring permits.
LTL Shipping: Freight line shipping companies WILL NOT go onto the
customer’s private property or driveway for legal reasons, curbside
delivery only.
Liftgate service may not be available on all occasions and locations and
may not work in certain circumstances. All customers need to be
prepared to receive pallets. Customers should have a bobcat with forks,
skid steer with forks, tractor with forks, or forklift on hand to accept
and unload the shipment.
Refusal of a shipment for any other reason than damaged or Incorrect
items will result in return fees. Please refer to the returns Policy.
The recipient MUST check for shipping damage and complete inventory
before signing the delivery ticket. During the inventory, it is
important to verify all items and the quantity of items listed on the
packing slip. Any missing items should be declared before the shipper
leaves. If the customer fails to conduct a complete inventory of all
items, then the customer will be responsible to purchase any items that
were missing.
Report any missing and/or damaged items before the shipper leaves on the
Delivery Receipt. If the customer fails to conduct a complete inventory
of all items, then the customer will be responsible to purchase any
items that were missing.
All Missing or Damaged Items must be reported to Bay Lux within 72
hours of delivery. Please call +17572778978 or email to
office@bay-lux.com
The recipient must report any missing and/or damaged items before the
shipper leaves. Report items missing or damaged to
office@bay-lux.com or call +17572778978
All damaged items must be sent back with the shipper for a quick
replacement of the damaged item.
If the recipient does not note damages or missing items on the Bill of
Lading at the time of delivery, the customer agrees to file a damage
claim “Concealed Damages” form with the shipping company and be
reimbursed by the same (all forms, including claims forms, will be
e-mailed to you after order is finalized). Once damaged items have been
re-purchased, Bay Lux will then ship all necessary items out via
standard ground or common freight carrier. If the damage is not noted at
the time of delivery Bay Lux cannot file a claim for the customer.
Bay Lux will not be held responsible for any of the following: costs
associated with delays in shipping, costs associated with back-ordered
products, costs associated with any equipment rentals that may be
affected due to products damaged in transit, costs associated with any
equipment rentals that may be affected due to delays in shipping or
back-ordered products, costs associated with hired help due to products
damaged in transit, costs associated with hired help due to delays in
shipping or back-ordered products, costs associated with loss of or
refilling of pool water, costs associated with hired help due to
manufactures defects, any additional perceived or real costs not
mentioned above.
Exchanges
The fastest way to ensure you get what you want is to return the item
you have, and once the return is accepted, make a separate purchase for
the new item.
European Union 3 day cooling off period
Notwithstanding the above, if merchandise is being shipped into the
European Union, you have the right to cancel or return your order within
3 days for any reason and without justification. As above, your item
must be in the same condition that you received it, unworn or unused,
with tags, and in its original packaging. You’ll also need the receipt
or proof of purchase.
Refunds
We will notify you once we’ve received and inspected your return to let
you know if the refund was approved or not. If approved, you’ll be
automatically refunded on your original payment method within 15
business days. Please remember it can take some time for your bank or
credit card company to process and post the refund too.
If more than 15 business days have passed since we’ve approved your
return, please contact us at office@bay-lux.com.