Terms of service

Terms of Service for Blizzard Tubs
Effective Date: 01/05/2024


1. Introduction:
Welcome to Blizzard Tubs! These Terms of Service (“Terms”) govern your use of our website and the purchase of our hot tubs, ice baths and all other products listed on this website. By accessing our website or purchasing our products, you agree to these Terms. If you do not agree with these Terms, please do not use our website or purchase our products. 

2. Eligibility: You must be at least 18 years old to use our website and purchase our products. By using our website or purchasing our products, you represent and warrant that you are at least 18 years old. 

3. Orders and Payment/Order Acceptance: All orders are subject to acceptance by Blizzard Tubs. We reserve the right to refuse or cancel any order for any reason. 

Pricing: All prices are in Australian Dollars (AUD) and include GST unless otherwise stated. We reserve the right to change prices at any time without prior notice. 
Payment: Payment must be made in full at the time of order. Payment options are listed at checkout and at the bottom of this website. 
Order Confirmation: You will receive an order confirmation email after placing an order. If you do not receive this email, please contact us. 

4. Production Lead Time, Delivery and Shipping: Some of our products require a lead time for manufacture. These lead times can vary from 6 to 8 weeks. Approximate leads times may be disclosed to customers and will depend on the product type and other variables. We deliver our products across Australia. Shipping costs and delivery times vary depending on the location and size of the order, among other factors.

Delivery Dates: Delivery dates are estimates and are not guaranteed. We are not liable for any delays in delivery. Upon delivery, please inspect the product(s) for any damage. If you find any damage, please notify us immediately. Damage refers to anything above superficial marks or scratches, such as leaks or other structural issues.

5. Returns and Refunds:  We accept returns within 45 days of receipt of delivery to the customer, and only where the product has structural damage that prohibits it from being used in accordance with its advertised purpose. This is subject to the being returned unused and in its original condition. Structural damage is limited to issues with inner stainless steel tub liners, such as leaks or other faults with the steel liner. Damage to timber elements which have occurred after a product has left the Blizzard Tubs premises is not covered under any warranty. Timber components maintenance is the sole responsibility of the customer and any deterioration of timber due to a lack of maintenance and/or effects of weather elements over time is not covered under product warranties. Cosmetic scratches or other cosmetic damage that does not affect the intended and advertised use of the item is not covered under our Return and Refund policy. We do however ask all customers who have any product related concerns to please contact us immediately upon receipt of their product (s) in order to discuss and rectify any issues that may have been identified. 

Damage during transit from our warehouse will not be covered by Blizzard Tubs. Blizzard Tubs is not liable for any cosmetic or structural damage once the item(s) have left our warehouse address for delivery. Return shipping costs are the responsibility of the customer. 

Refunds: Refunds will be processed within 28 days of receiving the returned item, where applicable, in adherence Blizzard Tubs terms of Service. The refund will be issued to the original payment method. 

Warranty: Our stainless steel products come with a 10 year warranty which is applicable to any stainless steel elements within a product (e.g. tub liner), however it does not cover damage caused by misuse, neglect, or normal wear and tear. There is no warranty applicable to a product's timber components. 


6.
Copyright and Intellectual Property


(a) The Website, the Purchase Services and all of the related products of Blizzard Tubs Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Blizzard Tubs Pty Ltd or its contributors.

(b) Blizzard Tubs Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you: (a) the business name, trading name, domain name, trade mark, industrial design, patent registered design or copyright of Blizzard Tubs Pty Ltd; or (b) the right to use or exploit a business name, trading name, domain name, trade mark, or industrial design; or (c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

(c) You may not, without the prior written permission of Blizzard Tubs Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

(d) Blizzard Tubs owns all Intellectual Property Right in or associated with the Goods and nothing in these Terms affects the Supplier's ownership of these intellectual property rights.

(e) You must not manufacture, or arrange for the manufacture, of any goods or products that utilise any of Blizzard Tubs Pty Ltd Intellectual Property Rights and must immediately inform Blizzard Tubs Pty Ltd of any infringement or alleged infringement of Blizzard Tubs Pty Ltd Intellectual Property Rights of which the Purchaser becomes aware.

(f) You must not alter, remove, damage, or destroy any labels attached to the Products.




Customer Responsibility: Care and Maintenance of Red Cedar Timber Products

1. *No Warranty*: No warranty applies to the timber elements of any Blizzard Tubs product. The customer acknowledges and accepts this condition.

2. *Maintenance Responsibility*: The customer is solely responsible for the care and maintenance of the Red Cedar timber elements of their Hot Tub or Ice Bath. Blizzard Tubs bears no responsibility for the maintenance and health of the timber. Any deterioration of timber due to a lack of maintenance and/or effects of weather elements over time is not covered under product warranties.

3. *Protective Measures*: To maintain the quality, appearance, and extend the life of the Red Cedar timber, the customer must apply Penetrative Oil protectors that protect against UV exposure and use water-resistant oils.

4. *Regular Maintenance*: Due to Australia's varying weather and humidity conditions, regular maintenance is vital. The customer must regularly inspect and maintain the timber to prevent damage.

5. *General Timber Care*: The customer acknowledges that all timber in Australia requires care and maintenance, whether it's outdoor furniture, decking, or other applications.

6. *Consequences of Neglect*: Failure to maintain the Red Cedar timber may result in damage, degradation, or reduced lifespan. The customer accepts full responsibility for any consequences resulting from neglect or failure to maintain the timber.



Customer Responsibility: Care and Maintenance of Stainless Steel Products

1. Customers must not use (traditional) pool and/or spa chemicals in any Blizzard Tubs' Products. These include (and are not limited to): chlorine, bromine, salt, PH increasers/decreasers and sanitisers. Under no circumstances should any (traditional) pool or spa chemicals be added to the water contents in Blizzard Tubs' Products. 

2. The use of (traditional) pool and/or spa chemicals in Blizzard Tubs' stainless steel products may result in stainless steel corrosion. Only fresh water must be used when using Blizzard Tubs' Products. Any corrosion or damage to any stainless steel components of Blizzard Tubs' Products is not covered under any product warranties.


Customer Responsibility: Water Treatment

1. Our Hot Tub and Ice Bath Products are specifically designed for freshwater use only. We recommend filling your tub with clean, fresh water every 2-3 days.

2. We recommend cleaning or changing your filter cartridge every fortnight. It is the customers responsibility to check the filter cartridge and clean or replace when deemed necessary.

3. Chemicals are strictly not to be used in any Blizzard Tubs products. Blizzard Tubs is not responsible or liable for any damage caused as a result of the owner/operator using chemicals with any of Blizzard Tubs' Products.


By purchasing a Blizzard Tubs product, the customer acknowledges and accepts these terms and conditions as outlined within the Terms of Service, understanding that the care and maintenance of Stainless Steel and Red Cedar timber components is their sole responsibility.


Limitation of Liability: To the maximum extent permitted by law, Blizzard Tubs shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use our products; (b) any unauthorised access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from our website. 

Indemnification: You agree to indemnify and hold harmless Blizzard Tubs, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with your access to or use of our website or products. 

Governing Law: These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. 

Changes to Terms: We reserve the right to modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes by updating the effective date at the top of this document. Your continued use of our website or purchase of our products following the posting of changes constitutes your acceptance of such changes.

Contact Us: If you have any questions about these Terms, please contact us on 0423744133 or directly through our website or email provided. By using our website or purchasing our products, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.


ABN: 51623780331