Privacy Policy – Spas and More

E-Commerce Policy

(Online Sales, Refunds/Returns, and Shipping/Deliveries)

THE INFORMATION CONTAINED IN this e-commerce policy SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE PURCHASE(S) you make on our website. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE MAKING ANY PURCHASE(S) THROUGH OUR WEBSITE IN ORDER TO CONFIRM YOUR ACCEPTANCE of these terms. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

Applicability of Terms and Conditions.
The terms and conditions (these “Terms“) of this E-Commerce Policy (the “E-Commerce Policy”) shall apply to your purchase of products and related services through https://spasandmorestl.com/ (the “Site” or the “Website”). These Terms are subject to change at any time without prior written notice by Spas and More! (referred to as either “Company,” “we,” “us,” or “our“). The most recent version of this E-Commerce Policy shall be posted for your review at any time on the Site. Please review these Terms before buying anything on the Site. Your continued use of the Site after any updates to these Terms shall be considered acceptance of and agreement to any changes made to them.
Online Orders.
When placing an order on our Site, you are offering to buy the products you select at the prices listed. We reserve the right to accept or reject any order in our sole discretion. If we accept your offer, you will receive a confirmation email at the email address you provide to us. Even if we accept your order, we may cancel any accepted order (as evidenced by a confirmation email) at any time in our sole discretion. So long as your order was placed within the last thirty (30) calendar days and it is unopened, you may cancel all or part of such order at any time before to your receipt of our confirmation e-mail. Following receipt of our confirmation e-mail, you may only cancel your order upon the written approval of an authorized Company representative.
Payment Terms.
All applicable prices are set forth alongside the goods and services offered on the Site. Such prices may differ from the prices listed elsewhere (online or offline) by us for the same goods and/or services. Prices are subject to change at any time by us in our sole discretion. You will be responsible for paying the price(s) stated at the time of your purchase(s), as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges (unless stated otherwise in Section 4). Payment may only be made with a valid credit, debit card, e-checks, or use of a bona-fide electronic payment provider (i.e., PayPal, Venmo, other Automated Clearing House (ACH) providers, etc.). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
Shipping.
- (a) shipment to Address on File. Barring cancellation of your order pursuant to Section 2 of these Terms, we will ship your accepted order to you at the address listed on the account you created on our Site (the “Account”).
- (b) Shipment to Continental United States Only. Each purchase may only be shipped to addresses located within the forty-eight (48) continental United States or in the District of Columbia. Purchasers requesting shipping to addresses located in Alaska, Hawaii, other U.S. Territories, or other countries will have their orders canceled in accordance with Section 2 of this E-Commerce Policy.
- (c) Shipping and Handling Fees:
  - (i) Flat-Fees. We offer flat-rate shipping based on the total purchase amount (before texes and discounts) as at the below amounts:
    - Shipping and handling costs $14.95 for purchase(s) up to $150.00.
    - Shipping and handling costs $19.95 for purchase(s) between $150.01 and $300.00.
    - Shipping and handling costs $24.95 for purchase(s) of $300.01 or more.
  - (ii) Taxes on Shipping and Handling for In-State Orders. Orders placed for shipment shall be charged a sales tax of 8.988%, based on Missouri’s sales tax rate.
  - (iii) Out-of-State Orders. Orders placed for shipment to addresses located outside of Missouri, unless and until these Terms reflect otherwise, will not be responsible for the payment of sales taxes.
- (d) Delivery. We use FedEx Ground and FedEx Home Delivery (each, a “Carrier”) to deliver your purchase(s). While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments. As of the last update to these terms, purchase(s) will be shipped within two (2) to three (3) business days, barring the unavailability of such product(s) or service(s), the Carrier being unable to accept such shipment(s), or the occurrence of a Force Majeure Event (as such term is defined in section 9).
Returns.
- (a) When Returns Permitted. If you, for any reason, are not satisfied with your order, you may return it for a full refund, not to exceed the price at which you purchased such product(s) and/or service(s); provided:
  - Your return is made within thirty (30) calendar days of delivery; and
  - The merchandise is unopened, unused, and returned in the same condition as originally received by you; and
  - The goods are not obsolete or discontinued.
- (b) Refunds. Once we receive the product(s) back, we will refund your purchase price, less the original shipping & handling charges. All returns must be made pursuant to the specific return procedure described in Section 5(d), below. Your refund will be processed as a credit to the same payment method used to make the applicable purchase(s). You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise) and as such, you are advised to obtain appropriate insurance.
- (c) Exchange of Damaged Products. If you purchased one or more product(s) that were destroyed, broken, or otherwise damaged during shipping, you may request an exchange within fourteen (14) days of delivery. Damaged, broken, or destroyed products are not eligible for a refund.
- (d) Requesting Refunds and Exchanges. If you wish to request a refund or an exchange of your purchased product(s), please provide your order number, invoice, to brandy@spasandmorestl.com or in a direct message on the “Contact Us” page of the Website, available at the following address: https://spasandmorestl.com/contact-us/.
Privacy and Security Policy and Website Terms of Use.
Please review our Privacy and Security Policy and Website Terms of Use, which can be found at the following addresses: [Privacy and Security Policy URL address] and [Terms of Use URL address]. The Privacy and Security Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site in general.
Representations & Warranties (“R&Ws”); Disclaimers; Limitations on Liability.
- (a) Buyer’s R&Ws. You represent and warrant to us that:
  1. You have the right to enter any transaction contemplated by the Website or the E-Commerce Policy without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party;
  2. You will use the product(s) provided by us exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and
  3. You are buying product(s) from the Site solely for your own use, and not for resale or export.
- (b) MANUFACTURER’S WARRANTY AND COMPANY DISCLAIMERS. We do not manufacture (or direct the manufacture of) any of the goods or services offered on our Site in any way. The availability of products on our Site does not constitute an affiliation with or endorsement of any of the products or their manufacturer. As such, subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). They are, however, covered by the manufacturer’s warranty as detailed in any product’s description on our Site and included with our delivery of the goods and services. You acknowledge and agree that under no circumstances will we be liable for any breach of the manufacturer’s warranty claims and/or for any loss or damages that may arise out of the manufacturer’s failure to honor its warranty obligations to you.
- (c) LIABILITY CAP. UNDER NO CIRCUMSTANCES WILL OUR OBLIGATION OR LIABILITY UNDER THESE TERMS EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES, whether under contract, tort (including negligence AND GROSS NEGLIGENCE, AS APPLICABLE), or otherwise. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS opportunities, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, indirect, incidental, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND. THIS LIMITATION DOES NOT APPLY TO DAMAGES RESULTING FROM OUR WILLFUL MISCONDUCT OR AS OTHERWISE REQUIRED BY APPLICABLE LAW.
Third-Party Beneficiaries.
These Terms are for your sole benefit. Nothing in this E-Commerce Policy, express or implied, is intended to or shall give any third-party any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
Force Majeure.
Company shall not be held responsible for shipping or other delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, Carrier, or other third-party delays, non-performance, or failures of any kind (each, a “Force Majeure Event”).
Assignment.
We may assign or otherwise transfer any or all of its rights or obligations under this E-Commerce Policy, in whole or in part, to any third-party in our sole discretion. You may not assign any of your rights or delegate any of your duties under this E-Commerce Policy at any time without our prior written consent in each instance, and any other attempt to do so shall be null and void.
Severability.
In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Governing Law; Binding Arbitration.
- (a) Governing Law. These Terms shall be governed by the laws of the State of Missouri, without regard to its conflicts of laws principles.
- (b) Binding Arbitration. Subject to subsection (c) below and all applicable laws, you are giving up:
  1. Your right to litigate claims that may arise under these Terms in court or before a jury; and
  2. Your right to consolidate claims and/or participate in any class-action claims that may arise hereunder in any manner or forum.
  Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having competent jurisdiction. The arbitration shall take place before a panel of three arbitrators sitting in St. Louis County, Missouri. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Missouri, without giving effect to its conflicts of laws principles. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Company shall bear all of its own costs, as well as your reasonable outside attorneys’ fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section 12. provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to, these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
- (c) Small-Claims Option. Notwithstanding Section 12(b), you may pursue a breach of warranty claim in small-claims court rather than submit such claim to binding arbitration if you provide us with written notice of such desire within ninety (90) days of purchasing one or more of our product(s), whether purchased on our Site, at our showroom, or otherwise. Any small-claims court proceeding initiated under this E-Commerce Policy will be limited solely to your individual dispute. You may not file, or participate in, a class action suit in small-claims court with respect to these Terms.
No Waivers.
Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
Notices.
We may provide notices under these Terms to you by: (1) email; (2) regular mail; or (3) posting them on the Site. It is your responsibility to provide us with your current email and mailing addresses. You can contact us at any time by any of the following means: (1) facsimile, at: (314) 720-6394; or (2) personal delivery, overnight courier, or registered or certified mail to: Spas and More!, Attn: Angi Hess, 12957 Gravois Rd., St. Louis, MO 63127.
Entire Agreement.
These Terms, along with the confirmation email referenced in Section 2. above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, any terms and conditions that may be provided in connection with any promotion or other sale, and our Site’s “Terms of Use” and “Privacy and Security Policy,” shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.

Privacy and Security Policy

Introduction.

Website Owner. Spas and More! (referred to as either “Company,” “we,” “us,” or “our“) is the owner of this website (the “Website” or “Site”). Company can be contacted by mail at 12957 Gravois Rd., Sunset Hills, MO 63127, by phone at (314) 843-7727, on the Company Website at https://spasandmorestl.com/contact-us/, or by e-mail at ACHess@spasandmorestl.com. This online privacy notice (the “Privacy and Security Policy” or “Privacy Policy”) discloses Company information practices for this Website, including what type of personally identifiable information is requested in order to make a purchase, how the information is used, and with whom the information is shared.
Updates to Privacy Terms. The most recent version of this Privacy Policy shall be posted for your review at any time on the Site. Please review these Privacy Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Privacy Terms (which will be dated to reflect when they were most recently updated) shall constitute your acceptance of and agreement to any changes made.
Website Visits. In general, you can visit our Website without revealing any personal information. We do not keep track of the domains from which people visit us.
Website Transactions. At times, we will need personal information regarding a customer or a prospect. For example, to process an order, we may need to know your name, mailing address, e-mail address, and credit card details. It is our intent to inform you know before we collect personal information, such as a user’s name and/or e-mail address. If you tell us that you do not wish to have this information used as a basis for further contact with you, please contact us at the email provided in Section 1(a).

Personal Information That May Be Collected.

Identifying Information. In order to make a purchase, Company will request you provide certain personally identifiable information, or “PII”, which may include: your full name, mailing address, information associated with the account you created through the Site (the “Account”), such as your e-mail address and password), telephone number, method of payment, and, if applicable, credit card number. We may request additional information necessary to establish and maintain your account.
Service Quality Monitoring. Some Website transactions may require a customer to call us or have us call you. We won’t contact you by phone without your prior consent, except to confirm an order placed online and/or to inform you of the status of such order. Please be aware that it is Company’s practice to monitor, and in some cases record such calls for staff training or quality assurance purposes.
Information from Children. Company does not sell products or services for purchase by children and will not collect or post information from a child under the age of eighteen (18) without the involvement of a parent or guardian. We will notify the child’s parent or guardian at the e-mail address provided by the prospective customer, alerting the parent or guardian to the child’s use of the Website and providing instructions as to how the parent or guardian can delete the child’s registration from the Website. Company does not use PII collected from children for marketing or promotional purposes and does not disclose such information to any third-party for any purpose whatsoever.
Lost or Stolen Information. If a customer’s credit card and/or password is lost or stolen, the customer should promptly notify us so we can cancel the lost or stolen information and update such customer’s records with a changed credit card and/or password. Further, please help us keep your personal information accurate. If your personal information has changed, please e-mail us the new information at the e-mail address shown in Paragraph 1(a).
Links to Other Websites. Our Site may contain links to other websites. We are not responsible for the privacy practices or the content of those other websites.

Uses Made of the Information.

Limited Uses Identified. We won’t use your PII for any purpose other than that for which it is submitted without your prior consent. We use PII to reply to inquiries, handle complaints, provide operational notices and maintain internal records. We also process billing and requests related to participation on our Website.
Marketing Uses. Unless you mark the “X” on the opt-out option box we provide, we reserve the right to provide you with information through lead campaigns about our Website, products and services, and related information in which you have indicated an interest.
Use of Stored Information. We store and retain the information you provide on your Account on our Website. This information is used to process purchases, to deliver effective lead campaigns (where Account holder names, phone numbers, e-mails, and Zip Codes are retained and used).

Disclosure of the Information.

Mergers and Acquisitions. We never share, sell, or rent your personal information without prior notice to you and the opportunity to opt-out.
Agents. We may employ or engage third parties to perform business functions on our behalf. These companies are provided with PII required to perform their functions. Such third parties may access information through our lead generation system but are prohibited from using the information for unauthorized purposes. These third parties engage in a variety of functions which include, but are not limited to, fulfilling orders, delivering packages, analyzing data, providing marketing assistance, processing credit card payments, and providing customer services.
Affiliated Businesses. We work closely with affiliated businesses operating website stores, providing services or selling products on each other’s Websites. These businesses identify themselves to customers. Customer information related to a transaction with an affiliated business is shared with that affiliated business.
Disclosure to Governmental Authorities. Company may release personal information to appropriate governmental authorities where release is required by law (for example, a subpoena) or by a regulation, or is requested by a government agency conducting investigations or proceedings.

Use of Computer Tracking Technologies.

Not Tracking Personal Information. Our Site is not set up to track, collect, or distribute personal information that is not manually entered by visitors. Through Website access logs, we collect clickstream data and HTTP protocol elements, which generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our sites. This information is used for internal purposes by technical support staff for research and development, user analysis and business decision making, all of which provides better services to the public. However, the statistics contain no PII and cannot be used to gather such information.
Use of Cookies. We, or our third-party vendors, collect non-identifiable and personal information through the use of various technologies, including “cookies“. A cookie is an alphanumeric identifier that a Website can transfer to customer’s hard drive through customer’s browser. The cookie is then stored on your computer as an anonymous tag that identifies the customer’s computer, but not the customer. Cookies may be sent by us or our third-party vendors. You can modify your browser settings to notify you before a cookie is received, giving you an opportunity to decide whether to accept the cookie. You may also set your browser to turn off cookies; however, some websites may not then work properly.
Collection of Non-Identifiable Information. We may collect non-identifiable information from user visits to the Website in order to provide better customer service. Examples of such collecting include traffic analysis, such as tracking of the domains from which users visit, or tracking numbers of visitors; measuring visitor activity on Website; Website and system administration; user analysis; and business decision making. Such information is sometimes known as “clickstream data.” We or our contractors may use this data to analyze trends and statistics.
Collection of Personal Information. We collect PII from you when you make a purchase. We may extract some PII about that transaction in a non-identifiable format and combine it with other non-identifiable information, such as clickstream data. This information is used only at an aggregate level to help us understand trends and patterns. This information is not reviewed individually.

Information Security.

Commitment to Online Security. We employ physical, electronic, and managerial procedures to safeguard the security and integrity of personal information. Billing and payment data is encrypted whenever transmitted or received online. Personal information is accessible only by staff designated to handle online requests or complaints and authorized third parties who have limited use of such information.
Secure Sockets Layer. Your payment and personal information, including your credit card number, name, and address, are encrypted with industry standard SSL software.
No Liability for Acts of Third Parties. We exercise reasonable efforts to safeguard the confidentiality of customer PII. However, transmissions protected by industry standard security technology and implemented by human beings cannot be made absolutely secure. Consequently, we will not be liable for unauthorized disclosure of personal information or PII when such disclosure is due to no fault of our own, including, but not limited to, errors in transmission and unauthorized acts of our staff and/or third parties.

Privacy Policy Changes and Opt-Out Rights.

Changes to Privacy Policy. This Privacy and Security Policy was last updated on February 18th, 2025. We may update our Privacy Policy at any time. A notice of any material change will be prominently posted on the Website home page for thirty (30) days prior to the implementation of such change.
When we issue updates to this Privacy and Security Policy, you will have the option to select one of two boxes: (1) an “I accept” box, and (2) an “I do not accept” box. If you mark the “I accept” box or do not mark the “I do not accept” box, such action or inaction will be deemed an acceptance of any updates to our Privacy and Security Policy. If you mark the “I do not accept” box, your Account information will be deleted from our Site within ninety (90) days of such non-acceptance.

Opt-Out Right. You have the right at any time to cease permitting the collection of your personal information, used or disclosed by us and/or by any third parties with whom we have shared and/or transferred such personal information. Your cancellation right may be exercised by contacting us via ACHess@spasandmorestl.com, telephone, or certified postal mail. After processing your cancellation, we will delete your personal information from our database.

Access Rights to Data.

Information Maintained by Spas and More!. Upon your request, we will provide a reasonable description of your PII that we maintain in our databank. We can be contacted by e-mail at ACHess@spasandmorestl.com, telephone: (314) 843-7727, or certified postal mail at 12957 Gravois Rd., Sunset Hills, MO 63127.
Corrections and Changes to Personal Information. Please help us keep your personal information accurate. If your personal information changes, or if you note an error upon review of your information that we have on file, please promptly e-mail us at ACHess@spasandmorestl.com and provide the new or correct information.
Your California Privacy Rights. Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our customers who reside in California to request certain information regarding our disclosure of personal information for their direct marketing purposes. To make such a request, please write to: Angi Hess via email at ACHess@spasandmorestl.com. Within thirty (30) days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the address specified in this paragraph.
California’s privacy laws require companies to provide notice to California users of their rights to receive information on to which entities their information was shared for marketing purposes.

Accountability

Questions, Problems and Complaints. If you have a question about this Privacy Policy or a complaint about Company compliance with this privacy policy, you may contact us on our Website’s “Contact Us” page at the following link: https://spasandmorestl.com/contact-us/, or directly via e-mail at ACHess@spasandmorestl.com.
E-Commerce Policy and Terms of Use. If you choose to purchase one or more of our products and/or services, such action is deemed acceptance of our practices described in this Privacy and Security Policy, as well as the terms of our E-Commerce Policy (available at [URL address for E-Commerce Policy]) and our Terms of Use (available at [URL address for Terms of Use]). Any dispute over privacy between customer and Company is subject to the provisions of this Privacy Policy, as well as the terms of our E-Commerce Policy and Terms of Use, which are available through our Website at the above links and are incorporated in this Privacy and Security Policy.