Terms and Conditions

Terms of Use

Welcome to the Aquastar website, www.asquastardistributors.com. Aquastar Distributors, Inc. (“Aquastar”) provides services (“Aquastar Services”) to you subject to the notices, terms, and conditions set forth in this agreement. The Terms of Use and Privacy Policy are intended to be contractual in nature. By using Aquastars Services, you agree to be bound by Aquastar’s Terms and Policies.. Please read them carefully.

POLICIES

Please Review all of our Policies posted on our websites (www.aquastardistributors.com). These Policies govern your use of Aquastar’s Services.

These terms of use are entered into by and between you (“user”) and Aquastar (“Company,” “We,” “Us,” “Our”). The following terms and conditions, together with any documents they expressly incorporate by reference (ie: Privacy Policy, Terms of Use, and related documents) govern your access to and use of Aquastar. Reference to “Website” or “Aquastar” includes any content, functionality, and services offered on or through us.

User is responsible for reading the Terms of Use carefully before you start to use the website or any of Aquastar’s services. By using the Website (or by clicking to accept or agree to the Terms of Use when this option is made available to you), you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which can be accessed by clicking the link, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or any related Aquastar services, including but not limited to the instructional videos provided. This Website is offered and available to users who are 18 years of age or older unless accompanied by an adult. By using this Website, you represent and warrant that you are 18 years of age or older or accompanied by an adult.

CHANGES TO TERMS OF USE AND WEBSITE

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are will provide a notification to the user and be effective on the date listed at the bottom of this Terms of Use. After the effective date, the changes apply to all access to and use of the Website thereafter. Users will be notified of changes ten (10) days prior to the effective date and are responsible to read through and agree to changes when the option to agree is made available to you. These changes will not apply retroactively to disputes that arose prior to the effective date. If you do not agree to the changes of the terms of use, you shall not use the website.

However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page, so you are aware of any changes, as they are binding on you.

Additionally, Aquastar reserves the right to withdraw or amend this Website, and any service or material we provide on the website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time and without cause, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

PRIVACY

Please review our Privacy Notice, which also governs your use of Aquastar Services, to understand our practices. Our Privacy Policy is available at {provide hyperlink}.

ELECTRONIC COMMUNICATIONS

When you use any Aquastar Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on this site. You can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Aquastar Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Aquastar or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Aquastar Service is the exclusive property of Aquastar and is protected by U.S. and international copyright laws.

TRADEMARKS

Aquastar is a common law trademark of Aquastar Distributors, Inc. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Aquastar Service are trademarks or trade dress of Aquastar in the U.S. and other countries. Aquastar’s trademarks and trade dress may not be used in connection with any product or service that is not Aquastar’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Aquastar. All other trademarks not owned by Aquastar that appear in any Aquastar Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Aquastar.

LICENSE AND ACCESS

Subject to your compliance with these Terms of Use, Aquastar grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of Aquastar Services. This license does not include any resale or commercial use of any Aquastar Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Aquastar Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Aquastar or its licensors, suppliers, publishers, rightsholders, or other content providers. No Aquastar Service, nor any part of any Aquastar Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Aquastar. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Aquastar without express written consent. You may not use any meta tags or any other “hidden text” utilizing Aquastar’s name or trademarks without the express written consent of Aquastar. You may not misuse the Aquastar Services. You may use the Aquastar Services only as permitted by law. The licenses granted by Aquastar terminate if you do not comply with these Terms of Use.

YOUR ACCOUNT

If you use any Aquastar Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Aquastar does sell products to children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Aquastar Services only with involvement of a parent or guardian. Aquastar reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

INTERNATIONAL ACCESS

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

RISK OF LOSS

All items purchased from Aquastar are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Thus, Aquastar no longer has title to the product once it leaves the warehouse and is en route to the shipping destination

RETURNS, REFUNDS, CANCELLATIONS, AND TITLE

Aquastar does not take title to returned items until the item arrives at our warehouse. At our discretion, a refund may be issued without requiring a return. In this situation, Aquastar does not take title to the refunded item.

Please inspect all merchandise immediately upon receipt. Any damaged products must be reported within 7 days of delivery to Aquastar Distributors ( Northeast Sanitation). All claims for shipping damage must be filed with the carrier.

If your order is cancelled for any reason after it is placed, it will be subject to a 10% order cancellation fee, EVEN if it has not yet shipped. Orders that have been shipped cannot be cancelled and are then subject to the terms and conditions of a return. The qualifications of a shipped order are once a tracking number has been assigned.

To start the return process, call us at 1-(800) 352-4323 and we’ll promptly provide you with detailed instructions on how to return your merchandise for a refund or exchange. We will also provide you with a Return Merchandise Authorization (RMA) number for each return, which is valid for 14 days. The valid RMA number must be included with your return in order to assure proper credit. We are not responsible for merchandise returned without a valid RMA number.

A 20% restocking fee will be charged on all returns.

  • There are no returns on any electric or electronic parts.
  • There are no returns on special order parts.
  • No returns after 30 days.
  • Shipping Charges will not be refunded.

In addition, no returns on items considered ‘sanitary‘, unless internal item packaging and box has been unopened and not tampered with. Sanitary items include -toilet seats, toilet lids, toilet bowls, toilet bases.

For any return, we need the original receipt or a record of the purchase in our system. The product must be in its original undamaged manufacturer’s packaging with all packaging materials, including instruction booklets, packing inserts, plastic bags, including the UPC bar code.

The customer is responsible for shipping charges on all returns. Except in cases where the return is the result of a shipping error or the item arrives damaged, original shipping charges are non-refundable.

A refund can only be issued to the original credit card used for purchase. Please note that items that use liquids cannot be returned if used. It cannot be returned via UPS or mail even if you drain the tank before shipping.

SHIPPING

All orders placed on the weekend will not be shipped until the following business day.

We will usually ship same day if we receive your order by 11:00 AM EST. Emergency next-day air orders will incur additional charges if they exceed UPS standard size and weight parameters. Multiple package orders to the same address will be subject to additional charges.

Occasionally your package may be delivered via UPS SurePost; tracking information will be provided through both UPS and the United States Postal Service websites.

Emergency Orders

  • If you need special assistance for an order, such as an International or Caribbean Island ship to locations, we suggest that you contact us thru our contact page or speak to a customer service representative.

Free Shipping:

  • Qualifying orders placed with a total of more than $100.00 of AquaStarDistributors.com items in your Shopping Cart with promo codes only
  • Your order will be delivered within 5-8 business days after all of your items are available to ship. Items must be shipped complete to one address.
  • Free Shipping is only available on certain items and is only offered to certain locations. For example, large items or shipments outside the continental US would not qualify for free shipping.

PRODUCT DESCRIPTIONS

Aquastar attempts to be as accurate as possible. However, Aquastar does not warrant that product descriptions or other content of any Aquastar Service is accurate, complete, reliable, current, or error-free. If a product offered by Aquastar is not as described, your sole remedy is to return it in unused condition.

PRODUCT PRICING

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Aquastar shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. If your credit card has already been charged for the purchase and your order is canceled, your payment method will be refunded in the amount of the charge.

RESTRICTIONS AND PROMOTIONS

  • Promotions apply to online orders only. Phone orders and faxed orders do not qualify for free shipping or online coupon codes.
  • Addresses outside the United States, Alaska, Hawaii and Puerto Rico DO NOT qualify for free shipping.
  • No warranty on international rebuilt pumps.
  • If the items qualify for free shipping but your order also contains other ineligible items, you’ll be charged shipping fees for those ineligible items.
  • Canceling items or changing your shipping address, speed, or preference will affect your order’s eligibility for Free Shipping.
  • OVER-SIZED ITEMS DO NOT QUALIFY FOR FREE SHIPPING.
  • Examples of over-sized items are Toilets, Holding Tanks and all items weighing over 25 lbs. If you have any questions please contact customer service M-F 9 am- 10 pm EST.
  • Handling fees may apply to special order products.
  • Free shipping may be used in conjunction with a promotion code. The qualifying amount is the subtotal of the products purchased before promotion code is applied and before sales tax is applied.
  • You will not receive Free Shipping on your order if items are canceled that bring your total below $99.
  • The qualifying order will ship via the most cost-effective ground shipping/mailing service.
  • We reserve the right to change or discontinue Free Shipping at any time.

SUBSCRIPTION POLICY

Our standard terms and conditions policy above apply to any and all subscription orders in addition to the following:

The product subscription is based on the quantity amount entered on the original date of purchase and will be shipped annually according to the terms provided during the original order placement; this includes item quantity, billing and shipping address, email, phone number, credit card number and credit card expiration date. In the event the credit card number vaulted should expire, one of our customer service representatives will reach out for updated information.  Any order on annual subscription will not ship until all credit card information has been verified and authenticated for security. Subscription product cost is subject to market rate.

PROHIBITED USES

User may not use Aquastar’s website or affiliated services to violate the law these terms of use. This includes, but is not limited to, criminal or fraudulent acts, use of bots or any robotic devices, and any other act that would constitute a violation of the law or terms of use.

LINKS TO THE WEBSITE AND LINKS FROM THE WEBSITE

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way to suggest any form of association, approval, or endorsement on our part (without our express written consent). You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such wbesites.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

AQUASTAR SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH AQUASTAR SERVICES ARE PROVIDED BY AQUASTAR ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AQUASTAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AQUASTAR SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH AQUASTAR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AQUASTAR SERVICES IS AT YOUR SOLE RISK.
DISCLAIMER OF WARRANTIES ANY WARRANTIES ON THE PRODUCTS SOLD HEREBY ARE THOSE MADE BY THE MANUFACTURER. THE SELLER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PUA·POSE, AND NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF SAID PRODUCTS.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AQUASTAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AQUASTAR DOES NOT WARRANT THAT AQUASTAR SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH AQUASTAR SERVICES, AQUASTAR’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AQUASTAR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AQUASTAR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AQUASTAR SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AQUASTAR SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and its affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to the user’s or our violation of these Terms of Use or use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website. If this provision is not upheld then the rest of the contract still stands.

DISPUTES

If a dispute should arise between you and AQUASTAR, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by contacting our customer service by email at [email protected] or by phone at 1-800-352-4323. If your dispute cannot be resolved using our customer service team, these Terms of Use describe how we shall proceed with the resolution of the dispute.

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the state of New York, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures (Streamlined Arbitration Rules & Procedures). Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Allocation of Fees and Costs: The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Based on the structure and key points from AquaStar Distributors’ website terms and conditions, here’s a draft of SMS Terms and Conditions:

AquaStar Distributors SMS Terms & Conditions

  1. Consent & Frequency: By opting into SMS communication, you agree to receive text messages from AquaStar Distributors at the mobile number provided. Frequency of messages depends on user interactions and preferences.
  2. Message & Data Rates: Message and data rates may apply for any messages sent to or received from us.
  3. Opt-Out: To stop receiving SMS messages, reply STOP at any time.
  4. Help: For assistance or information about our SMS services, reply HELP.
  5. Privacy: We respect your privacy. Our SMS communication complies with our Privacy Policy.
  6. Changes to Terms: AquaStar Distributors reserves the right to modify these terms or terminate the SMS service at any time without prior notice.
  7. Contact Information: For any queries regarding these terms, contact us via [website contact information].

APPLICABLE LAW

By using any AQUASTAR Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Aquastar.

OUR ADDRESS

Aquastar Distributors, Inc.
69 Florida St.
Farmindale, NY 11735

Homepage

COPYRIGHT INFRINGEMENT

This section is in compliance with the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint in writing. We respond quickly to the concerns of rights owners about any alleged infringement.

Please provide us with this information:

  • A physical signature of the person authorized to act on behalf of the owner of the copyright interest
  • A description of the copyrighted work that you claim has been infringed upon
  • A description of where the material that you claim is infringing is located on the site
  • Your address, telephone number, and e-mail address
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

Please send your complaint to:
Aquastar Distributors, Inc.
69 Florida St.
Farmingdale, NY 11735
Email: [email protected]

Please note that this procedure is exclusively for notifying Aquastar that your copyrighted material has been infringed.

ENTIRE AGREEMENT

The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and Aquastar regarding the website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.

EFFECTIVE DATE

These Terms of Use are effective February 10, 2020.