Last updated: 17 September 2024
These Terms and Conditions (the “Conditions”) govern the purchase of products and services offered for sale on the website www.aetherhaus.ca and any successor site (the “Website”). The Conditions constitute an agreement between you (“you” or “your” in these Conditions) and Aether Haus Ice Bath and Sauna Inc. (“Aether Haus” or “we” or “our” in these Conditions) of 1768 Davie Street, Vancouver, British Columbia.
By submitting your order or reservation on the Website, you acknowledge and agree to comply with these Conditions and to our privacy policy available here: aetherhaus.ca/privacy-policy
Aether Haus makes every effort to produce the most accurate information possible on the Website. However, we provide no guarantee that the description of products and services offered on the Website, their photographs, or any other information on the Website is accurate, complete, reliable, current and/or error-free.
Before participating in any service offered by Aether Haus, we may require that you sign a waiver of claims and release of liability. If you choose not to sign this, you may not participate in the chosen services, and we will refund any amount you paid in advance for those services.
The following conditions of use apply to the products and services offered for sale on the Website:
Gift cards purchased online are delivered electronically. Gift cards are non-refundable and non-redeemable for cash. It is not possible to redeem a monetary gift certificate online, but it can be applied at the time of your spa visit. Some conditions apply.
Promotional gift cards or gift certificates are redeemable exclusively at the indicated destination. Please note that these gift cards may have an expiry date and may not be valid on peak dates. Check your gift card or certificate for details.
Each type of membership has its own terms and conditions that you are required to accept at the time of purchase. Discounts or promotions cannot be applied to the purchase of a membership.
Any cancellation of an appointment made within the last 48 hours will result in a cancellation fee equal to 50% of the cost of the reserved services. This fee represents compensation for costs incurred, such as staff and subcontractors. If you need to cancel or modify your reservation, please do not hesitate to contact our team to explore the available options.
Packages offered by and/or purchased from authorized third parties can be subject to limitations.
Aether Haus reserves the right to revoke any offer appearing on the Website, to refuse or cancel any order or reservation, and to correct any mistake, inaccuracy, or omission on the Website, and to do so at any time without notice, even after an order or reservation has been submitted and even if the order or reservation has been confirmed and/or your credit card has been charged. If your credit card has been charged and your order or reservation is cancelled, Aether Haus will reimburse you the full amount charged, via the original payment method.
Unless otherwise expressly indicated at the time of sale, prices displayed on the Website do not include applicable taxes and the cost of shipping, if any, and they may be changed any time without notice. You are responsible for any sales, use, excise, value added, or similar sales taxes that may apply to your order or reservation, which will be added to your total invoice price during the checkout process. All prices posted on the Website are in Canadian Dollars. The price charged for the products ordered and the services reserved will be the price in effect at the time of your order, as stipulated in your order confirmation.
The credit cards approved for online reservations/payments are VISA, MasterCard and AMEX. To minimize fraud and unauthorized charges to your credit card, we verify the validity of transactions by using Address Verification Service (AVS), CVV and 3D Secure (3DS) protection. Please note that your credit card postal code and CVV code are verified with your card issuing bank or other financial institution. Credit card transactions will be approved if AVS and CVV matches with your card issuer. Transactions will be rejected by your card issuer if AVS and CVV do not match with your credit card issuer’s information. 3DS will only apply to clients who have activated this feature with their financial institution.
After you place an order or make a reservation on the Website, Aether Haus will validate the information you provided by verifying your method of payment, billing address and shipping address, where applicable. Aether Haus will also verify the availability and quantity of the products and/or services you requested. Aether Haus reserves the right to limit quantities of products and/or services that you can purchase and/or reserve.
You will receive an e-mail confirmation of any order placed on the Website. Confirmation of an order sent to you by e-mail or otherwise does not imply that Aether Haus has accepted your order. Any time after you submit your order, Aether Haus reserves the right to accept or refuse that order for any reason whatsoever. If your order is refused, Aether Haus will reimburse you the amount debited via the original payment method.
Aether Haus cannot guarantee the availability of all products and services offered on the Website. Consequently, all orders submitted on the Website are subject to availability. If a product is out of stock or a service is unavailable, Aether Haus will communicate with you and advise you of the shortage or lack of availability. Aether Haus will cancel the order and reimburse you the debited amount via the original payment method.
Gift cards ordered on the Website will be delivered electronically within twenty-four (24) hours from order confirmation. Any other products ordered on the Website will be subject to delivery fees and shipped within approximately fourteen (14) days from order confirmation. Notwithstanding the foregoing, deliveries can take longer, including deliveries in certain remote areas.
Aether Haus reserves the right to change your delivery date at any time, upon notice. Notice will be given via email at the email address provided by you. If you do not receive your order on the scheduled delivery day or if you receive products that do not meet your expectations (or are missing), please notify Aether Haus within 72 hours.
Aether Haus delivers products within Canada only.
The Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics, and all intellectual property rights existing in the Website. We reserve all rights in our intellectual property. Reproduction of the Website or any part of it is prohibited without our consent.
From time to time the Website might include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse those websites and we have no responsibility for the content of any linked websites.
Aether Haus will not be responsible for any delay or failure to perform its obligations under these Conditions or otherwise, which arises out of or is due to unforeseeable events or events independent of the intention of the parties, such as but not limited to events of force majeure (“Force Majeure Events”), including, by way of example and not of limitation, all events of war, terrorist actions, interventions and prohibitions of official authorities, delays and damage in transport, inclement weather, lack of energy, financial crises, labour conflicts, epidemics, pandemics as well as delays in delivery on the part of suppliers for any reasons. Delivery times will be prolonged where any Force Majeure Event occurs.
THIS CLAUSE IS NOT APPLICABLE TO CONSUMERS RESIDING IN QUEBEC OR ANY OTHER JURISDICTION WHERE PROHIBITED BY LAW: TO THE EXTENT PERMITTED BY LAW, AETHER HAUS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE PRODUCTS & SERVICES. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXCLUDED. THE LIABILITY OF AETHER HAUS, IF ANY, FOR DAMAGES ARISING FROM OR RELATING TO ALLEGEDLY DEFECTIVE OR DAMAGED PRODUCTS OR SERVICES SHALL BE LIMITED TO THE ACTUAL PRICE PAID FOR SUCH PRODUCTS OR SERVICES.
AETHER HAUS SHALL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND THAT YOU OR OTHERS MAY SUFFER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS OR REVENUES OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO AETHER HAUS’S PERFORMANCE HEREUNDER, ITS PRODUCTS OR SERVICES, EVEN IF AETHER HAUS KNEW OR SHOULD HAVE KNOWN OF THE POTENTIAL FOR ANY SUCH DAMAGES.
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to our premises.
You acknowledge and agree that:
You will assume the entire risk arising out of your access to our services and use of the equipment, products, services, and premises of Aether Haus, including interactions with employees or other clients. It is your responsibility to investigate our products and services to determine whether they are appropriate for you. For example, certain products and services could carry risk of allergic reactions, unknown side effects, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to purchase those products or services.
You agree to release Aether Haus and its employees and subcontractors from any liability, damage or loss to you or your personal property now or in the future, howsoever suffered, through your use of our products or services.
By using our products or services, you state to us that you know of no serious health conditions that would increase your risk of illness or injury as a result of using our products or services.
You should consult with your physician before taking using any of our products or services if you have any health concerns. Our services should not be used by any person who is pregnant.
These Conditions and all related matters shall be governed by and construed in accordance with the laws applicable in the Province of British Columbia, without regard to the rules of private international law or conflict of law rules, which would result in the application of other laws. Any dispute between Aether Haus and you or anyone else arising from, connected with, or relating to these Conditions or any related matter must be resolved before the courts sitting in Vancouver, British Columbia, Canada and you hereby irrevocably submit and consent to the exclusive jurisdiction of these courts in respect of all disputes.
Any consent by Aether Haus to, or waiver of, a failure on your part to comply with the provisions hereof, whether such consent or waiver is expressed or implied, shall not constitute consent to, or a waiver of, any subsequent or different failure.
Should a provision of these Conditions be determined to be invalid, unlawful, null, or unenforceable by a court of competent jurisdiction, this provision shall be interpreted to reflect the intention of the parties and the other provisions herein shall remain valid and in force.
The Conditions apply for the benefit of Aether Haus, its suppliers and subcontractors, and their respective successors, assigns and related persons, and are binding, and apply for your benefit and to that of your heirs, executors, administrators, successors, assigns and personal representatives (and to those of the people you represent), and bind you. You and the persons you represent may not assign your rights and obligations under these Conditions without first obtaining the express written consent of Aether Haus, who may in its discretion deny such. Aether Haus may assign its rights and obligations under these Conditions without your consent or the consent of those you represent.
You expressly request that these Conditions and any other document or communication related thereto be drafted in English only.
Aether Haus may at any time and without notice, modify these Conditions by updating this page of the Website. Please consult this page regularly to review the Conditions in effect, which constitute the terms and conditions of purchase of the Products offered on the Website. The Conditions in force when you place an order on the Website apply to that order and are binding on you.
For any questions and/or comments, about your order (including a request to change or cancel an order or reservation), contact Aether Haus at info@aetherhaus.ca
