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.

1. Copyright

The entire content included in this site, including but not limited to text, graphics, or code is copyrighted as a collective work under the United States and other copyright laws and is the property of Summer Waves. The collective work includes works that are licensed to Summer Waves. Copyright 2024, Summer Waves. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Summer Waves or purchasing Summer Waves products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Summer Waves or to purchase Summer Waves products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this site is strictly prohibited unless authorized by Summer Waves. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

2. Trademarks

All trademarks, service marks, and trade names of Summer Waves used in the site are trademarks or registered trademarks of Summer Waves.

3. Warranty Disclaimer

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, Summer Waves disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Summer Waves 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. Summer Waves 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.

4. Limitation of Liability

Summer Waves 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 Summer Waves has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

5. Typographical Errors

In the event that a Summer Waves product is mistakenly listed at an incorrect price, Summer Waves reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. Summer Waves 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 canceled, Summer Waves shall issue a credit to your credit card account in the amount of the incorrect price.

6. Term; Termination

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 Summer Waves without notice at any time, for any reason. The provisions relating to Copyrights, Trademarks, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall survive any termination.

7. Notice

Summer Waves may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable methods to the address you have provided to Summer Waves.

8. Miscellaneous

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 Summer Waves 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 Summer Waves products) must be commenced within one (1) year after the claim or cause of action arises. Summer Waves’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. Summer Waves may assign its rights and duties under this Agreement to any party at any time without notice to you.

9. 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 Summer Waves 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.

10. Participation Disclaimer

Summer Waves 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, Summer Waves 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, Summer Waves 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, (c) in violation of a copyright, trademark, or other intellectual property right of another, or (d) offensive or otherwise unacceptable to Summer Waves in its sole discretion.

11. Indemnification

You agree to indemnify, defend, and hold harmless Summer Waves, 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.

12. Third-Party Links

In an attempt to provide increased value to our visitors, Summer Waves may link to sites operated by third parties. However, even if the third party is affiliated with Summer Waves, Summer Waves has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Summer Waves. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Summer Waves seeks to protect the integrity of its website 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).

13. Product Warranty and Registration

To ensure customer satisfaction and product reliability, Summer Waves offers a warranty on its products. Customers are encouraged to register their products on the Summer Waves website to activate the warranty and receive updates on their purchases. The warranty covers manufacturing defects and faults in materials but does not cover damage caused by misuse, improper maintenance, or normal wear and tear. Detailed warranty terms can be found in the product manual or on the warranty section of the Summer Waves website.

14. Shipping and Delivery

Summer Waves provides FREE Standard Shipping to the Continental US on orders over $75.00. Shipping times vary based on the product and destination. Customers will receive tracking information once their order has been shipped. For international shipping, additional fees may apply, and customers are responsible for any customs duties or taxes imposed by their country. Summer Waves strives to process and ship orders promptly but is not responsible for delays caused by shipping carriers or unforeseen circumstances.

15. Returns and Refunds

If you are not satisfied with your Summer Waves purchase, you may return the product within 30 days of receipt for a full refund, less shipping charges. The product must be returned in its original condition with all packaging, accessories, and manuals included. To initiate a return, contact Summer Waves customer service for a Return Merchandise Authorization (RMA) number. Refunds will be processed within 7-10 business days of receiving the returned product.

16. Customer Service

Summer Waves is committed to providing excellent customer service. If you have any questions, concerns, or issues with your purchase, please contact our customer service team at 1-888-919-0070 for US customers, or +528002832753 for customers in Mexico. Our customer service representatives are available to assist you with product inquiries, order status updates, warranty claims, and technical support.

17. Privacy Policy

Summer Waves respects your privacy and is committed to protecting your personal information. Our privacy policy outlines how we collect, use, and safeguard your data. By using our website, you consent to the collection and use of your information as described in our privacy policy. We do not sell or share your personal information with third parties for marketing purposes without your explicit consent.

18. User Conduct

Users of the Summer Waves website are expected to conduct themselves respectfully and responsibly. Any form of harassment, abusive language, or inappropriate behavior will not be tolerated. Users are prohibited from uploading, sharing, or distributing content that is defamatory, obscene, threatening, or otherwise objectionable. Summer Waves reserves the right to remove any user-generated content that violates these terms and conditions.

19. Intellectual Property

All content on the Summer Waves website, including but not limited to text, graphics, logos, images, and software, is the property of Summer Waves or its content suppliers and is protected by United States and international copyright laws. You may not reproduce, distribute, modify, or create derivative works from any content on the site without the express written permission of Summer Waves.

20. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the state of California, U.S.A., without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these terms and conditions or your use of the Summer Waves website shall be brought exclusively in the state or federal courts located in Los Angeles County, California.

21. Amendments

Summer Waves reserves the right to modify or amend these terms and conditions at any time without prior notice. Any changes will be posted on the website, and your continued use of the site constitutes your acceptance of the revised terms and conditions. It is your responsibility to review the terms and conditions periodically for any updates or changes.

22. Severability

If any provision of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely matches the intent of the original provision.

23. Entire Agreement

These terms and conditions constitute the entire agreement between you and Summer Waves regarding the use of the website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Summer Waves. Any rights not expressly granted herein are reserved by Summer Waves.

24. Contact Information

If you have any questions or concerns about these terms and conditions, please contact Summer Waves customer service at the provided phone numbers or through our contact form on the website. We are here to assist you and ensure your experience with Summer Waves is positive and satisfactory.

25. Free Standard Shipping

Summer Waves offers FREE Standard Shipping to the Continental US on orders over $75.00. This offer is subject to change without notice and may not be combined with other promotions or discounts. Shipping times and availability may vary based on the product and destination. Customers will receive tracking information once their order has been shipped.

26. Product Help Center

Summer Waves provides a comprehensive Product Help Center on our website to assist customers with product setup, troubleshooting, and maintenance. The Help Center includes product manuals, instructional videos, FAQs, and other resources to help you get the most out of your Summer Waves products. If you need additional assistance, our customer service team is available to provide support.

27. Product Videos

Summer Waves offers a variety of instructional and informational videos on our website to help customers understand and use our products effectively. These videos cover topics such as pool setup, maintenance, and troubleshooting. We encourage customers to watch these videos for helpful tips and guidance on using their Summer Waves products.

28. Indemnification

29. Customer Care

Summer Waves is dedicated to providing exceptional customer care. Our customer care team is available to assist you with any questions or concerns you may have about our products or services. Please contact us at the provided phone numbers or through our contact form on the website for assistance.

30. Third-Party Links

31. User-Generated Content

Summer Waves allows users to post reviews, comments, and other content on our website. By submitting content, you grant Summer Waves a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.