Terms and Conditions
Effective Date: October 9, 2013
All content included or comprising this Site, including though not limited to: text, graphics, logos, buttons, icons, images, digital downloads, data compilations, and software, is the property of Akalia and protected by United States and International Copyright Laws. All Content is copyrighted as a collective work under the United States and International Copyright Laws, and Akalia owns to its fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all content.
Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.
The Akalia logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or where required used with permission by Akalia and may not be reproduced, copied or manipulated in any manner without the express written approval of the trademark owner.
During the first 30 (thirty) days after purchase, we will attempt to handle warranty work directly, though certain manufacturers require any and all warranty work to be handled directly by them. In the event the manufacturer requires direct contact with the consumer for warranty, we are unable to provide any warranty coverage. In the event a manufacturer will not honor their warranty, please send a copy of any and all correspondence with the manufacturer, including names and contact information, to us so we can try to assist you in handling the warranty with the manufacturer. Should the manufacturer deem the product to be defective within the first 30 (thirty) days and authorizes the return of the product, we require copies of any written correspondence as well as the authorizing person’s name and direct phone number or extension. After the initial 30 (thirty) days, any refunds or warranty work is through the manufacturer. In the event warranty service is provided by us, shipping costs of the item back to us will be your responsibility.
Notification of Copyright Infringement under the Digital Millennium Copyright Act:
If you believe that your copyrighted material may have been infringed, please provide Akalia’s Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an e-mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Akalia’s designated agent to receive notifications of claimed infringement can be reached by:
121 E 24th Street Houson, TX 77008
For additional information regarding this procedure, please reference 17 USC 512.
Privacy & Security:
At Akalia, we consider the security of your transaction and personal information, an expectation not an afterthought. This is why we use the highest level of encryption possible and partner with the most well known names in the market today, like GeoTrust and HackerSafe, so you can shop with security and trust.
During your time on our Site, we will be gathering some information, including your IP address, our cookie information, and the page you requested. This information is used solely by us and our internal staff. We use the information to track user patterns, page errors and broken links.
Pricing & Order Processing:
While Akalia strives for perfection, there may be times when the product information, price or images could be incorrect. If this occurs before shipment of your order, Akalia will cancel your order and issue a refund within 24 hours. Should the order have already been shipped, we will pick the item up and issue a refund.
While we take every effort to display the true colors of the products offered on the Site, due to the differences in today’s computer monitors or display devices we cannot guarantee that the color on your monitors display will accurately display and of the color choices.
Product Reviews, Manufacturer Descriptions, Tips & Tricks, and FAQs:
Any content submitted to this Site, Reviews, Comments, Communications and the like (herein known as “Comments”), become the property of the Site upon submission. By submitting the Comments, you acknowledge your legal rights to submit such information and agree to the assignment to Akalia of all rights, titles and interest both in the United States and Internationally for all Copyrightable and intellectual properties in the Comments.
Once the Comments are submitted to Akalia, may use the Comments in any fashion it deems appropriate. By using the Comments, Akalia is under no obligation to maintain any Comments in Confidence, to compensate for any Comments, or to respond to the authors Comments. Further you agree to not hold Akalia liable for any costs and/or damage caused from instructions or recommendations from comments. Akalia recommends any work be performed by a licensed professional. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “SPAM”.
Further, Akalia reserves the right though not the duty, to monitor and/or edit or remove any Comments submitted to the Site. You grant Akalia the right to use your name (or alias), supplied at your submission in connection with any Comments. Since we may desire to respond on some Comments, you agree not to supply a false email address, impersonate any person or entity, or otherwise provide misleading information as to the origin of any Comments you submit.
Here at Akalia, we appreciate your patronage. While we never expect an issue with a product, sometimes it may become necessary to return your purchase. If the need should arise, within 30 (thirty) days of delivery, please fill out our return form, and one of our support staff member will get in touch with you. To be eligible for a refund, your must receive a Return Merchandise Authorization (RMA) number.
Before purchasing, please note:
All returns are subject to up to a 15% restocking fee
The handling fee and any shipping fees for expedited orders are non-refundable
Part orders, including but not limited to: o-ring, gaskets, etc., under $50 are not refundable
Spa parts that have been installed are covered under warranty but cannot be returned for a cash or credit refund
You are responsible for the cost of shipping your return item back to us, and the returned item must be received in the same condition it was delivered to you
All items are warranted by the manufacturer or origin. Some items, including but not necessarily limited to: Liners, Solar Covers, Winter Covers, certain Pool Cleaners, etc., are unable to be returned once they have been installed or been in the pool. Should you find one of the excluded items to not function properly, please refer to the Warranty section of this agreement. If you have any questions on whether the product you are looking to purchase is covered under our 30 (thirty) day warranty, please contact us
Items must have original packaging, UPC codes, warranty cards, and ALL owners’ manuals to be returned. If the original packaging has been altered or changed, your return may be refused or the restocking fee increased to the maximum agreed upon amount
If you have any problems with your item after 30 days, please let us know, and we will help you work with the manufacturer to resolve the issue.
Disclaimer of Warranties and Limitation of Liability:
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Akalia DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Akalia DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM Akalia ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Akalia WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FOR LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT Akalia HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
This Site could include technical or other mistakes, inaccuracies or typographical errors. Akalia may make changes to the materials and services at this Site, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this Site may be out of date, and Akalia makes no commitment to update such materials or services.
This Site contains links to third-party websites that are not under the control of Akalia. Akalia makes no representations whatsoever about any other websites to which you may have access through this Site. Akalia provides these links merely as a convenience and the inclusion of such links does not imply that Akalia endorses or accepts any responsibility for the content or uses of such websites.
This Site can be accessed from other countries around the world and may contain references to Akalia products, services, and programs that have not been announced in your country. These references do not imply that Akalia intends to announce such products, services or programs in your country.