Terms of service

NORD SPRINGS LLC TERMS AND CONDITIONS OF PURCHASE AND SALE

This is the legal contract between you, the “Customer”, and Nord Springs LLC “NordSprings” for the sale and purchase, delivery and/or installation of a barrel and/or water plan (this “Agreement”).

  1. Purchase and Payment. Customer has purchased the product(s) indicated on the NordSprings Shopify website (the “Website”) and in Customer’s Shopify cart on the Website, and Customer agrees to pay NordSprings the price for the product(s) posted on the Website.
  2. For Barrels.  
    1. Included in the  purchase is: (i) a hand-built barrel made of wood designed for cold and/or hot water bathing, plunging as described on the Website; (ii) water pump, filtration, and temperature conditioning system (“Water Plan”) as described on the Website; and (iii) initial batch of water conditioning and balancing products. Customer understands and agrees that this agreement with NordSprings does not include anything other than as described in this paragraph including but not limited to any service or maintenance the product(s) may need after installation and upkeep or supplies beyond those described above.
    2. NordSprings agrees to deliver the purchased product(s) described in paragraph 2.1 to the delivery address that Customer provides to Shopify (“Delivery Address”) so long as it is within Williamson or Travis County Texas and perform any required on-site installation or assembly, under the conditions set forth below.  
      1. Customer certifies that it is authorized to have the purchased product(s) installed at the Delivery Address.
      2. NordSprings will cover all costs associated with local delivery and installation, provided that Customer has prepared the installation conditions as described below.
      3. NordSprings and Customer will coordinate to schedule a delivery date for the purchased product(s). If NordSprings is unable to deliver within 30 days from the agreed delivery date for any reason except Customer’s failure to prepare the installation conditions required, Customer may terminate this Agreement and shall be entitled to a full refund of any amounts paid.
      4. Customer agrees that prior to the delivery and installation on the delivery date, Customer will prepare the site of the purchased product(s) as follows (“Site Requirements”):
        1. Adequate location:
          1. A flat, level location for the product(s), free of debris and sharp object
          2. A location for the product(s) that is able to safely support at least 8000 pounds
          3. At least 4 feet of clear walkway space around the perimeter of the product(s) and any access points
        2. Electrical requirements: A dedicated 240V and 120V or 2 120V circuits are required to power the barrel and Water Plan.
        3. Water requirements: A potable water supply line should be available for filling and topping off the barrel system.
      5. If Customer has not met the Site Requirements and fails to notify NordSprings of this failure prior to delivery of the product(s) on the Delivery Date, NordSprings may, at its option: (i) instruct Customer on required changes and charge a $500 fee to reschedule the Delivery Date; (ii) remedy the location to meet Site Requirements at Customer’s expense; or (iii) deliver but not install or assemble the product(s) without any penalty to NordSprings.
      6. The above Site Requirements only pertain to NordSprings minimum requirements to install a functioning product(s).  Customer is responsible for all decisions concerning the location for the placement of the product(s) and all associated risks, if any, as a result of that placement. Customer is also responsible for obtaining any necessary permits that may be required and for meeting applicable safety code requirements for pools and spas.  
      7. Ownership and risk of loss will transfer to Customer upon delivery of the product(s). NordSprings is not responsible for any damage to property due to the installation of the product(s) or its accessories.
  3. For Water Plans
    1. Included in the  purchase is a (i) water pump, filtration, and temperature conditioning system and (ii) initial batch of water conditioning and balancing products. Customer understands and agrees that this agreement with NordSprings does not include anything other than as described in this paragraph including but not limited to any service or maintenance the purchased product(s) may need after installation and upkeep or supplies beyond those described above.
    2. NordSprings agrees to deliver the purchased product(s) described in paragraph 2.1 to the delivery address that Customer provides to Shopify (“Delivery Address”) for the shipping cost indicated in the Shopify checkout.  NordSprings agrees to ship the Water Plan(s) within ___ days of purchase.
  4. Water Plan Maintenance Materials
    1. Included in the purchase is a (i) filter good for 30 days and (ii) 30 days’ supply of water conditioning and balancing products.  
    2. This will be shipped within 5 business days of purchase to the Customer’s Delivery Address.
    3. If you purchased a subscription for Water Plan Maintenance Materials (“Materials Subscription”), you'll receive repeat deliveries. The Materials Subscription will be automatically extended for successive 30-day renewal periods at the non-promotional rate posted on the Website at the time of the purchase. To change or cancel your Materials Subscription at any time, notify NordSprings via email. If you terminate a Material Subscription, your subscription will not be renewed after your then-current term expires. All fees related to a Material Subscription are fully earned upon payment.
    4. Note that failure to use NordSprings Water Plan Maintenance Minerals may void your warranty as set forth herein.
  5. Representation of Non-Competition  
    1. Customer represents and warrants that they are not a competitor of NordSprings and that they are not purchasing the product(s) on behalf of or for the benefit of any competitor of NordSprings. Customer agrees not to use the product(s) to compete with NordSprings in any manner.
  6. Agreement Not to Reverse Engineer
    1. Customer agrees not to disassemble, deconstruct, reverse engineer, or otherwise attempt to discover the design, construction, or components of the product(s) beyond what is disclosed or obvious, in whole or in part. Any such action would constitute a material breach of this agreement.
  7. Safety Information
    1. Customer understands that the purchased product(s) are not toys and that, similar to a spa or pool, it entails numerous safety requirements imposed by law, code, local ordinance, as well as personal risks and responsibilities. Customer further understands that Customer, and not NordSprings, is solely responsible for adhering to all applicable and necessary safety requirements, including providing all necessary supervision.
    2. Without limiting the foregoing, please adhere to the following safety information, as failure to do so may result in serious injury or death to users, especially children:
      1. Chemical Balance:
        1. Minimum free available chlorine of 1.0 ppm (mg/L), if not using cyanuric acid (such as stand-alone cyanuric acid or stabilized chlorine, commonly known as “dichlor” or “trichlor”)
        2. Minimum free available chlorine of 2.0 ppm, if using cyanuric acid
        3. Minimum total bromine of 3.0 ppm
        4. Maintain pH 7.2–7.8
    3. No diving or jumping into the barrel
    4. No food and drinks allowed in water
    5. Do not move or adjust any part of Water Plan (except to replace the filter per instructions)
    6. All bathers must shower before entering barrel
    7. Do not use barrel if ill with diarrhea, vomiting, contagious infections, open wounds
    8. Enter/exit slowly and carefully
    9. Time limit for continuous use is:
      1. 3 minutes for water temperature below 50F.
      2. 10 minutes for water temperature between 50-90F.
      3. 15 minutes for water temperature above 90F.
    10. Users should exit the barrel immediately if experiencing discomfort, numbness, shivering, chattering, muscle cramping, headache, dizziness, any abnormal sensations or other warning signs.
    11. No pets allowed in the water
  8. Pricing  
    1. Prices posted on the Website do not include sales tax.  Customer is solely responsible for any transaction fees.
    2. Prices for NordSprings products are subject to change without any notice, at any time, by posting new pricing information on the Website. NordSprings may also offer new products, modify products, or discontinue products at its discretion at any time.  
    3. NordSprings shall not be liable to you or any third-party for a price change, modification, or discontinuance of any products. NordSprings does not offer refunds if a product Customer purchased later drops in price.  
    4. NordSprings may offer promotions or discount codes from time to time that may or may not be posted on the Website.
  9. Billing and Other Account Information. Customer agrees to provide current, complete, and accurate purchase and account information for all purchases made from NordSprings. Customer agrees to promptly update account and other information, including email addresses and credit card numbers and expiration dates, so that NordSprings can complete your transactions and contact you as needed.  
  10. Right to Refuse Orders
    1. NordSprings reserve the right to limit the sales of any product or the quantities thereof to any person or geographic region. NordSprings may exercise this right on a case-by-case basis.
    2. NordSprings reserves the right to refuse to fulfill any order Customer may place with us, for any reason, including refusing multiple 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.
    3. NordSprings also reserves the right to modify, limit, or even cancel any order at its discretion. In the event NordSprings makes a change to an order, it may attempt to notify Customer through the contact information Customer provided at the time the order was made.
    4. NordSprings also reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers, or distributors or for any other reason as we see fit.
    5. NordSprings also reserves the right to discontinue any product at any time.
  11. Returns and Cancellations
    1. NordSprings offers full refunds (minus 3% processing fees) of all barrels and water plan purchases if requested within 7 days (1 week) of purchase, if and only if the product has not been shipped or delivered.
    2. There are no returns accepted for the barrel or water plan once a barrel has been delivered and installed (or simply delivered if NordSprings was unable to install it due to Customer’s failure to meet Site Requirements).  
    3. There are no returns of Water Plans (purchased without a barrel) once the Water Plan is delivered and Customer has removed it from packaging. NordSprings will accept returns of un-opened, un-used Water Plans with 30 days of delivery and provide an 80% refund.
  12. Notice About Use of Natural Wood
    1. NordSprings barrels are made from natural wood. Because wood is a natural product, it will have variation in color or grain and may have some natural imperfections. These variations add to the beauty of natural wood and are not defects. For outdoor units, some deterioration may happen due to the weather effect despite the best treatments. If not cared for properly, wood surfaces are subject to denting, scratching, and other types of damage.
    2. Every unit is handmade and may have minor shape, size, and finish variations. Over time the NordSpring designs evolve, and there may be some variation in angles, elements, and other minor details compared to the model displayed online. NordSprings goes to great lengths to ensure high-quality products but does not take responsibility for the natural wood material.
  13. Notice About Humidity and Condensation
    1. Because the temperature of the water in the barrel will usually differ from the air temperature, condensation will likely accumulate outside the barrel or the Water Plan. If Customer notices water on the outside of the barrel, it will often be due to condensation.  As a result, Customer should ensure that the location selected for the barrel has appropriate drainage.
    2. Because Customer will have water in the barrel, the air around the barrel may be humid.  As a result, Customer should ensure that the location selected for the barrel is well ventilated.
  14. Use of Images
    1. Customer grants NordSprings permission to use any photographs, images, or videos of the purchased product(s) solely for marketing, promotional, or development purposes without any compensation to Customer.  This grant of permission does not permit NordSprings to enter Customer’s property without permission.

LIMITATION OF LIABILITY

  1. Assumption of Risk. Customer recognizes that the use of the purchased product(s) carries inherent risks, including but not limited to risks of physical injury, drowning, property damage, and other consequences. Customer voluntarily assumes all risks, known and unknown, associated with the use of the purchased product(s), and Customer acknowledges that swimming and related activities carry inherent risks.

  1. Disclaimer and Release of Liability
    1. NORDSPRINGS SHALL NOT BE LIABLE FOR ANY ACCIDENTS, DROWNINGS, PERSONAL INJURIES, WRONGFUL DEATHS, PROPERTY DAMAGE, OR ANY OTHER HARM ARISING FROM THE USE OF THE PURCHASED PRODUCT(S). TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW AND NOT PROHIBITED BY LAW, CUSTOMER HEREBY RELEASES, WAIVES, DISCHARGES, NORDSPRINGS, ITS OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, INJURY, OR DEATH, THAT MAY BE SUSTAINED BY CUSTOMER OR ANYONE ON CUSTOMER’S PREMISES, OR TO ANY PROPERTY BELONGING TO CUSTOMER, WHILE USING THE PURCHASED PRODUCT(S), OR WHILE IN, ON, OR AROUND THE PREMISES WHERE THE PURCHASED PRODUCT(S) IS LOCATED, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF NORDSPRINGS, AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE.
    2. EXCEPT AS OTHERWISE SET FORTH HEREIN, NORDSPRINGS SHALL NOT BE LIABLE FOR ANY OTHER FORM OF DAMAGES, WHETHER DIRECT, INDIRECT, LIQUIDATED, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS, OR REVENUE, LOSS OF INCOME, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY OR LOSS OF REPUTATION.

  1. Indemnification. Customer agrees to indemnify, defend, and hold harmless NordSprings and its officers, employees, agents, and assigns from and against any and all losses, damages, liabilities, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising out of or resulting from the Customer's use or misuse of the purchased product(s) or any such claim by a third-party related to the purchased product(s) after delivery to Customer.

WARRANTY

  1. Warranty For Barrel and Water Plan (Purchased Together)
    1. Limited Warranty. NordSprings extends the following Limited Warranty, which applies only to NordSprings barrels and Water Plan systems. The warranty includes replacing parts shown to have defects in materials or workmanship of any parts manufactured by NordSprings. This warranty covers defects or malfunctions that arise during normal use conditions.
    2. The warranty does not cover damage due to water leaks from the unit, poor water chemistry, neglected filter care and replacement, freezing conditions, power outages, lack of attention to low water flow, or any other form of neglect, misuse, or abuse. Specific other exclusions apply, as further described in this Limited Warranty.
    3. All components covered under this warranty are warranted for 1 year from the date of delivery and installation (or delivery if installation was not completed due to Customer’s failure to satisfy Site Requirements) (“Warranty Date”). The Water Plan is also warranted for 2 years from the Warranty Date.  The Limited Warranty only covers defects discovered within the applicable Limited Warranty period.
    4. The Limited Warranty applies only to the original purchaser (or original owner for a product presented as a gift), is non-transferable, and will not extend to any subsequent owner or user.
  2. Limited Warranty for Water Plan (for purchases of only the Water Plan)
    1. NordSprings extends the following Limited Warranty, which applies only to the Water Plan when the Water Plan is purchased without the barrel.  The warranty includes replacing parts shown to have defects in materials or workmanship under normal use. This warranty covers defects or malfunctions that arise during normal use conditions.
    2. The warranty does not cover damage due to water leaks from the unit, poor water chemistry, neglected filter care and replacement, freezing conditions, power outages, lack of attention to low water flow, or any other form of neglect, misuse, or abuse. Specific other exclusions apply, as further described in this Limited Warranty.  
    3. All components covered under this warranty are warranted for 2 years from the date of purchase by the Customer or the Original End User (as that term is defined below) received it. The Limited Warranty only covers defects discovered within the applicable Limited Warranty period.
    4. This Limited Warranty applies to the Customer and extends to the original end user (the "Original End User") who purchases (or is gifted) a pool, spa, or other product incorporating the Water Plan from the Customer. Upon receipt of a pool, spa, or other product incorporating a Water Plan, the Original End User should notify NordSprings of its receipt of the Water Plan and provide an email address to receive notice of updates.  For the Limited Warranty to extend to an Original End User, they must provide proof of purchase from the Customer with the Original End User’s receipt date and proof that the Water Plan was new (not used) when obtained from or installed by the Customer. This Limited Warranty is non-transferable and will not extend to any subsequent owner or user beyond the Original End User.
  3. Limitations and Exclusions to Limited Warranties
    1. The Limited Warranties are automatically void if NordSprings or its designee determines that the product has been altered, abused, neglected, or in any other way improperly used or treated.
    2. Customer is responsible for regular maintenance of the product, including using NordSprings Water Plan Maintenance Materials as directed.  Any problems or failures arising from failure to provide proper maintenance, water chemistry/balance will void the Limited Warranties. The Limited Warranties will be void if the customer uses improper or harsh cleaning agents or any replacement parts or accessories not provided by NordSprings.  
    3. Failure to use NordSprings filter or water conditioning and balancing products as directed will also void the Limited Warranties. NordSprings provides instructions about frequency of filter replacement and mineral replenishment based on Customer’s or Original End User’s estimated use, and failure to perform the designated maintenance as required will void the Limited Warranties.  
    4. NordSprings may amend or modify the maintenance requirements from time to time as we learn new information about how best to take care of our products. Customers and Original End Users will be notified of any updates to the maintenance requirements via the email that they provide to us. Failure to adhere to the updated maintenance requirements will void the Limited Warranties.
    5. The Limited Warranties do not cover the water filter or any damage to the Water Plan during the filter replacement process. Replacement filters are available for purchase, but replacement is entirely Customer’s responsibility.
    6. The Limited Warranties only apply to products sold and operated in the continental United States of America.
    7. The Limited Warranties do not cover damage caused by lack of ventilation or lack of drainage in the location that the barrel is located.
    8. The Limited Warranties do not cover repairs performed by someone who NordSprings has not approved to perform such repairs, and Customer accepts full liability for any repairs provided by someone not approved by NordSprings.
    9. The liability, if any, of NordSprings under the Limited Warranties shall not exceed the original purchase price paid by Customer for the product covered. NordSprings is not liable for any injury or loss that arises from any defect covered under the Limited Warranties, either incidental or consequential, including but not limited to loss of use of the tub, even if NordSprings was made aware of potential damage before the occurrence of said damage.
    10. THE LIMITED WARRANTIES IS THE EXCLUSIVE WARRANTY GIVEN BY NORDSPRINGS FOR THE BARREL AND/OR WATER PLAN SYSTEM. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY STATUTORY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED EXCEPT TO THE EXTENT PROHIBITED BY LAW. THIS EXCLUSION APPLIES EVEN IF THE LIMITED WARRANTIES FAILS ITS ESSENTIAL PURPOSES AND REGARDLESS OF WHETHER DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY.
  4. How to Obtain Warranty Service
    1. For service under any Limited Warranty, contact NordSprings via email within the warranty period and provide following information: name of the purchaser, proof of purchase, dated receipt, item purchased, and details of failure.
    2. NordSprings will continue to offer reasonable phone or email support for issues occurring after the expiration of the warranty period at its discretion. However, the customer will be responsible for any associated costs for repairs, including parts, labor, and shipping after the expiration of the applicable warranty period.
  5. Warranty Service Performance
    1. NordSprings will promptly determine whether replacement or repair of a covered part or item is necessary in response to a warranty claim.
    2. NordSprings will cover the part(s) and labor if a repair covered under the Limited Warranties is necessary, but Customer may be responsible for any shipping-related costs.
    3. Any component(s) repaired or replaced under the Limited Warranties will be covered for the remainder of the applicable Limited Warranty period.
    4. NordSprings may, at its discretion, either provide a replacement barrel (of equal value) or pick up the barrel for repairs if unable to complete covered warranty repairs on-site. The customer will be responsible for any barrel removal costs associated with repairing or installing a replacement barrel. The repaired or replaced barrel will be covered for the remainder of the applicable Limited Warranty period.

MISCELLANEOUS

  1. Governing Law and Venue. This Agreement and any disputes arising out of or related to it or the purchase of any NordSprings product will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. The parties agree the venue for any disputes shall be in Williamson County, Texas.  
  2. Severability. If any provision of this Agreement is found to be illegal, invalid, or unenforceable, that provision shall be construed as closely as possible to the original intent to the maximum extent permitted by law. If the provision cannot be construed to be legal, valid, and enforceable, it shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect.
  3. Notice. Any notice under this agreement will be effective if sent to Customer or Original End User at the latest email given to NordSprings or if sent to NordSprings at ______________________.
  4. Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior oral and written agreements, understandings, and representations unless there is another writing signed by both parties that references this Agreement and explicitly stating that it is an addendum to or modification of this Agreement.

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