Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Aquavai.

The terms "Aquavai," "we," "us," and "our" refer to Aquavai,  Aquavai operates this website and online store, including the information, content, features, tools, products, and services made available through it (collectively, the "Services").

Our online store is powered by Shopify, which provides the ecommerce platform that enables us to offer our products and Services to you.

These Terms of Service ("Terms"), together with our Privacy Policy, Shipping Policy, Return & Refund Policy, and any other policies referenced in these Terms, describe your rights and responsibilities when accessing our website, using our Services, or purchasing products from Aquavai.

Please read these Terms carefully. They contain important information concerning your legal rights, including provisions relating to warranties, liability, product use, and dispute resolution.

By accessing, browsing, interacting with, purchasing from, or otherwise using the Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree with these Terms or our Privacy Policy, you should not use the Services.

Nothing in these Terms is intended to limit or exclude any rights or remedies that cannot lawfully be limited or excluded under applicable consumer protection legislation.

SECTION 1 - ELIGIBILITY, ACCESS AND ACCOUNTS

By using the Services, you represent that you are at least the age of majority in your province, state, territory, or jurisdiction of residence.

If you permit a minor dependent to access the Services through a device or account that you own or control, you accept responsibility for their use of the Services to the extent permitted by applicable law.

To access certain features or purchase products, you may be required to provide information including your name, email address, billing information, payment information, and shipping address.

You represent that information you provide to us is accurate, current, and complete and that you have the authority to provide that information.

If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account.

You may not sell, transfer, assign, or license your account to another person without our written authorization.

SECTION 2 - OUR PRODUCTS

Aquavai sells shower products, filtration products, replacement filters, accessories, bundles, and other related products that may be offered through the Services from time to time.

We make reasonable efforts to display our products accurately. However, photographs, colours, finishes, proportions, packaging, and other visual characteristics may appear differently depending on your device, screen settings, lighting, manufacturing tolerances, or product revisions.

Product packaging, minor cosmetic details, included materials, and product specifications may occasionally change without materially changing the intended function of the product.

Product descriptions, specifications, availability, pricing, and other information may be changed or updated from time to time.

We reserve the right to discontinue a product or limit quantities available for purchase, subject to applicable law.

Nothing in this section affects any rights you may have where a product is materially different from what was represented to you at the time of purchase.

SECTION 3 - FILTRATION PERFORMANCE AND PRODUCT INFORMATION

Aquavai products are designed to improve the shower experience and, where applicable, to filter or reduce certain substances found in shower water.

Statements concerning filtration, water quality, chlorine reduction, metals, minerals, sediment, scale, skin, hair, or other product benefits describe the intended function, characteristics, or performance of the applicable product based on the information available to us.

Actual filtration performance may vary depending on factors including water chemistry, water temperature, water pressure, contaminant concentration, installation, filter condition, filter age, usage volume, and local water conditions.

No shower filtration product can be expected to remove every substance that may be present in water.

Aquavai products are not water purification systems intended to make unsafe or microbiologically contaminated water safe for drinking.

Unless expressly stated otherwise, Aquavai products are intended for showering and personal washing applications and are not intended to produce drinking water.

Any information concerning skin, scalp, or hair is provided for general informational purposes and describes potential benefits associated with water quality or the showering experience. Aquavai products are not medical devices and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

Individual experiences may vary.

SECTION 4 - PRODUCT INSTALLATION AND USE

You are responsible for following the installation, operating, maintenance, and filter-replacement instructions supplied with the product or made available by Aquavai.

Before installation, you should confirm that the product is suitable for your shower fixture, plumbing configuration, water pressure, and intended use.

Products should not be modified, disassembled beyond normal maintenance requirements, installed contrary to supplied instructions, or used for purposes for which they were not designed.

If you are uncertain about installation, compatibility, plumbing condition, or the suitability of a product for your particular installation, you should consult a qualified professional.

Aquavai is not responsible for damage caused by improper installation, misuse, unauthorized modification, neglect, failure to replace filters when reasonably required, incompatible plumbing, excessive water pressure, pre-existing plumbing defects, or failure to follow product instructions, except to the extent liability cannot lawfully be excluded.

This provision does not limit your rights regarding a defective Aquavai product.

SECTION 5 - ORDERS

When you submit an order, you are making an offer to purchase the products shown in your order.

Submitting an order does not necessarily mean that the order has been accepted.

We reserve the right to accept, reject, limit, or cancel an order where reasonably necessary, including because of product availability, suspected fraud, pricing or listing errors, payment problems, shipping restrictions, or other legitimate business reasons.

Your order is accepted when we confirm acceptance or otherwise begin fulfilling the order.

Payment must be successfully authorized or processed before an order can be fulfilled.

Please review your order carefully before completing your purchase. Once an order has entered processing or fulfillment, we may not be able to change or cancel it.

If we cancel an order after payment has been collected, we will issue the appropriate refund.

If we need to contact you regarding an order, we may use the email address, telephone number, billing information, or other contact information supplied with the order.

Your purchase is also subject to our Return & Refund Policy.

Nothing in this section limits cancellation, refund, or other rights available to you under applicable consumer protection law.

SECTION 6 - PERSONAL-USE PURCHASES

Unless otherwise agreed to by Aquavai in writing, products purchased through our consumer online store are intended for personal or household use.

You may not purchase products for unauthorized commercial resale, redistribution, or export.

We may limit or cancel quantities that we reasonably believe are being purchased by resellers, distributors, or other commercial operators without authorization.

SECTION 7 - PRICES, CURRENCY AND BILLING

Prices, promotions, discounts, and offers may change from time to time without notice, except where a price or offer has already become contractually binding.

The price applicable to your purchase will be displayed before you complete checkout and confirmed as part of your order.

Where applicable, the currency in which you are being charged will be identified during checkout.

Taxes, shipping charges, and other charges that can reasonably be calculated in advance will be displayed as part of the checkout process before you complete your purchase.

Where customs duties, import taxes, brokerage charges, or similar charges cannot reasonably be determined in advance, they may be payable separately depending on the shipping destination and the terms applicable to your order.

From time to time, Aquavai may offer discounts, promotional pricing, bundles, introductory offers, or other promotions. Additional conditions may apply to a particular promotion. If specific promotional terms conflict with these Terms regarding that promotion, the specific promotional terms will govern.

You agree to provide current, complete, and accurate billing and payment information.

By providing a payment method, you represent that you are authorized to use that payment method and authorize the applicable charges associated with your purchase.

Payment processing may be performed by Shopify Payments or other third-party payment processors. Their applicable terms and privacy practices may also apply to your transaction.

SECTION 8 - SHIPPING AND DELIVERY

Shipping options, estimated delivery periods, applicable shipping charges, and available delivery destinations will be disclosed during checkout or in our Shipping Policy, as applicable.

Delivery and transit times displayed on our website are estimates unless expressly stated otherwise.

Shipping delays can occur because of carrier operations, severe weather, customs processing, transportation disruptions, peak shipping periods, incorrect delivery information, or other circumstances outside Aquavai's reasonable control.

If a shipment is delayed, lost, damaged, or not delivered, please contact us so that we can investigate the shipment and determine the appropriate resolution.

Any optional shipping-protection service offered during checkout may be subject to separate terms disclosed at the time of purchase.

Nothing in these Terms or our Shipping Policy limits any statutory rights you may have if goods are not delivered within the period required by applicable law.

SECTION 9 - RETURNS, REFUNDS AND EXCHANGES

Returns, refunds, exchanges, damaged products, defective products, and applicable eligibility periods are governed by our Return & Refund Policy.

Please review that policy before purchasing.

Our voluntary Return & Refund Policy is provided in addition to any rights you may have under applicable consumer protection legislation.

Where applicable law gives you cancellation, refund, replacement, repair, or other rights that cannot be waived, those statutory rights take precedence over any inconsistent provision of our policies or these Terms.

SECTION 10 - FILTER REPLACEMENT AND CONSUMABLE COMPONENTS

Certain Aquavai products contain filters or other components designed to be replaced periodically.

Recommended filter-replacement intervals are estimates unless expressly stated otherwise.

Actual filter life depends on factors including frequency of use, household size, water quality, contaminant levels, water pressure, water temperature, and total water volume passing through the filter.

A filter may therefore require replacement earlier or later than a general replacement estimate.

Continued use of a filter beyond its effective service life may reduce filtration performance.

Customers are responsible for normal replacement and maintenance of consumable components unless otherwise provided by an applicable warranty or required by law.

SECTION 11 - INTELLECTUAL PROPERTY

The Services and their contents, including Aquavai trademarks, trade names, logos, product names, technology names, designs, photographs, videos, graphics, written content, product descriptions, page layouts, advertising materials, and other original materials, are owned by Aquavai or used under licence and are protected by applicable intellectual property laws.

This includes, where applicable, Aquavai product and filtration technology branding.

The Services are provided for your personal, non-commercial use.

Except as expressly permitted by law or with our prior written authorization, you may not reproduce, copy, distribute, modify, republish, commercially exploit, publicly display, transmit, scrape, or create derivative works from protected Aquavai content.

Nothing in these Terms grants you ownership of or a licence to Aquavai intellectual property except the limited right to access and use the Services in accordance with these Terms.

The Shopify name, logo, trademarks, product names, and related intellectual property belong to Shopify or its applicable affiliates.

All other third-party trademarks appearing through the Services remain the property of their respective owners.

SECTION 12 - OPTIONAL AND THIRD-PARTY TOOLS

We may provide access to tools, applications, payment systems, tracking services, review platforms, communication tools, or other functionality provided by third parties.

Some of these tools may be made available through Shopify or applications integrated with our Shopify store.

We do not necessarily control these third-party services.

Your use of a third-party service may be subject to separate terms and privacy policies imposed by that provider.

To the extent permitted by law, Aquavai is not responsible for the independent operation, availability, or conduct of third-party services that we do not control.

We may add, modify, replace, or discontinue optional tools and features made available through the Services.

SECTION 13 - THIRD-PARTY LINKS

The Services may include hyperlinks or references to websites, resources, content, or services operated by third parties.

A link to a third-party website does not necessarily constitute Aquavai's endorsement of that website or everything contained on it.

We are not responsible for evaluating or guaranteeing the accuracy, security, legality, availability, or practices of independent third-party websites.

If you access a third-party website, you do so subject to that provider's terms and policies.

Questions or complaints regarding a product or service purchased directly from a third party should generally be directed to that third party.

SECTION 14 - RELATIONSHIP WITH SHOPIFY

Aquavai is powered by Shopify, which provides the ecommerce platform that enables us to provide the Services to you.

Purchases made from the Aquavai store, however, are transactions between you and Aquavai, not between you and Shopify.

By using the Services, you acknowledge that Shopify is the ecommerce platform provider and is not the seller of Aquavai products.

To the fullest extent permitted by applicable law, Shopify and its affiliates are not responsible for Aquavai products or for injury, damage, loss, claims, refunds, warranties, or other obligations arising from a purchase made from Aquavai.

Nothing in this section affects any rights you may have directly against Shopify arising from services separately provided to you by Shopify.

SECTION 15 - PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because our online store is hosted on Shopify, Shopify also processes certain personal information relating to your access to and use of the Services in order to operate and support the ecommerce platform.

Other service providers may process personal information where necessary to provide functions such as payment processing, shipping, analytics, marketing, fraud prevention, and customer service.

Information may be processed or stored outside your province, state, or country of residence where permitted by applicable law.

Please review our Privacy Policy for additional information about how personal information is collected, used, disclosed, retained, and protected.

SECTION 16 - REVIEWS, FEEDBACK AND USER CONTENT

If you voluntarily submit a product review, photograph, video, testimonial, comment, idea, suggestion, or other material to Aquavai ("Feedback"), you represent that you have the right to provide that material.

You grant Aquavai a non-exclusive, worldwide, royalty-free licence to use, reproduce, display, distribute, adapt, and publish Feedback for purposes including operating, improving, and promoting Aquavai and its products, subject to applicable privacy and consumer protection laws.

Where you received compensation, a free product, discount, incentive, or other material benefit in connection with Feedback, you must make any disclosure required by applicable law.

You may not submit Feedback that:

(a) infringes another person's intellectual property, privacy, publicity, or other rights;

(b) contains unlawful, defamatory, threatening, abusive, fraudulent, obscene, or malicious material;

(c) contains malicious software or code;

(d) falsely represents your identity or experience; or

(e) is otherwise unlawful.

Aquavai may moderate or remove Feedback where reasonably necessary.

Nothing in these Terms prevents a consumer from providing an honest review or expressing an opinion about Aquavai or its products where permitted by law.

SECTION 17 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, technical errors, or omissions relating to matters such as product descriptions, availability, pricing, promotions, shipping charges, or estimated delivery times.

We may correct errors and update information when reasonably necessary.

Where an obvious pricing, inventory, or listing error affects an order, we may contact you to explain the issue and, where appropriate, offer you the opportunity to proceed under corrected terms or cancel the affected transaction.

Nothing in this section permits Aquavai to retrospectively alter a binding consumer contract in a manner prohibited by applicable law.

SECTION 18 - PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to:

(a) violate applicable federal, provincial, territorial, state, local, or international law;

(b) infringe the intellectual property or other legal rights of Aquavai or another person;

(c) harass, threaten, abuse, defame, impersonate, or unlawfully harm another person;

(d) submit deliberately false, fraudulent, or misleading information;

(e) transmit viruses, malware, malicious code, or other harmful technology;

(f) interfere with the security or proper operation of the Services;

(g) gain unauthorized access to accounts, systems, networks, or information;

(h) conduct unauthorized scraping, crawling, data harvesting, phishing, pharming, spamming, or similar activity;

(i) collect personal information about other users without lawful authorization;

(j) reproduce, resell, or commercially exploit the Services without authorization; or

(k) use the Services for fraudulent or malicious purposes.

We may restrict or terminate access to the Services where we reasonably believe these Terms have been materially violated, subject to applicable law.

SECTION 19 - TERMINATION

You may stop using the Services at any time.

We may suspend or terminate your access to some or all of the Services if you materially breach these Terms, engage in fraudulent or unlawful conduct, threaten the security or operation of the Services, or where suspension or termination is otherwise reasonably necessary.

Termination does not eliminate payment obligations or legal rights that arose before termination.

Sections that by their nature are intended to survive termination will continue to apply, including provisions concerning intellectual property, Feedback, disclaimers, limitations of liability, indemnification, governing law, and other accrued rights and obligations.

SECTION 20 - DISCLAIMER OF WARRANTIES

We make reasonable efforts to operate the Services accurately, securely, and reliably.

However, except for warranties expressly provided by Aquavai and rights or warranties imposed by applicable law, the website and Services are provided on an "as available" basis.

We do not guarantee that access to the website will always be uninterrupted, error-free, secure, or available.

To the fullest extent permitted by applicable law, Aquavai disclaims warranties or conditions that may otherwise arise by implication, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

This disclaimer does not apply to warranties, conditions, guarantees, or consumer rights that applicable law does not permit us to exclude or limit.

Any express Aquavai product warranty is governed by the terms of that warranty.

SECTION 21 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Aquavai and its affiliates, officers, employees, representatives, contractors, service providers, and licensors will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from or relating to your use of the Services or purchase or use of a product where such damages may lawfully be excluded.

This may include, where legally permitted, loss of profits, revenue, business opportunity, data, or other economic loss.

Nothing in these Terms excludes or limits liability where doing so would be prohibited by law.

In particular, nothing in these Terms limits any non-waivable rights or remedies available to consumers under applicable consumer protection legislation.

The limitations in these Terms must be interpreted only to the maximum extent permitted by applicable law.

SECTION 22 - INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Aquavai and its affiliates, officers, employees, representatives, contractors, licensors, and service providers from third-party claims, liabilities, losses, and reasonable costs arising directly from:

(a) your material breach of these Terms;

(b) your unlawful use of the Services;

(c) your infringement of another person's legal rights; or

(d) content that you knowingly submit in violation of these Terms.

This indemnification provision does not apply to losses caused by Aquavai's own unlawful conduct or to the extent its application would be prohibited by applicable law.

SECTION 23 - CONSUMER RIGHTS

These Terms are intended to operate alongside applicable consumer protection legislation.

Nothing in these Terms, our Return & Refund Policy, Shipping Policy, warranty documentation, or any other Aquavai policy is intended to waive, restrict, modify, or exclude a consumer right that cannot legally be waived, restricted, modified, or excluded.

Depending on where you live, applicable legislation may provide additional rights relating to disclosure of contract terms, product delivery, cancellation, refunds, defective products, warranties, unfair practices, or other matters.

Where a provision of these Terms conflicts with a mandatory consumer protection requirement applicable to you, the mandatory legal requirement will prevail to the extent of the conflict.

SECTION 24 - SEVERABILITY

If any provision or part of a provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.

The remaining provisions will continue in full force and effect to the extent permitted by law.

SECTION 25 - WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a provision of these Terms does not constitute a waiver of that provision or any other right.

These Terms, together with policies and terms expressly incorporated by reference, constitute the agreement governing your use of the Services, subject to any additional terms that apply to a particular transaction, promotion, product, or service.

Nothing in this provision limits representations or disclosures that applicable consumer protection legislation requires to form part of your contract with us.

SECTION 26 - ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where applicable law permits otherwise.

Aquavai may assign or transfer its rights and obligations in connection with a legitimate sale, restructuring, merger, acquisition, transfer of business assets, or similar business transaction, subject to applicable law and applicable privacy obligations.

SECTION 27 - GOVERNING LAW

These Terms and your use of the Services are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia, without regard to conflict-of-law principles.

Subject to any rights you may have under applicable consumer protection legislation, proceedings relating to these Terms may be brought before courts of competent jurisdiction in British Columbia, Canada.

Nothing in this section deprives a consumer of the protection of mandatory laws or jurisdictional rights applicable in the consumer's province, state, territory, country, or other place of residence where those rights cannot legally be waived.

SECTION 28 - HEADINGS

Section headings are provided for convenience and do not affect the interpretation of these Terms.

SECTION 29 - CHANGES TO THESE TERMS

The most current version of these Terms will be available on this page.

We may update these Terms from time to time to reflect changes to our Services, products, business practices, legal obligations, or other circumstances.

Where required by applicable law, we will provide notice of material changes.

Changes will become effective on the date stated in the updated Terms or applicable notice.

Changes to these Terms will not retrospectively alter rights and obligations arising from an existing purchase where doing so would be prohibited by applicable law.

SECTION 30 - CONTACT INFORMATION

Questions about these Terms of Service may be directed to:

Email: info@aquavai.com