- Shipping Policy
- Return Policy
- Terms & Conditions
- Movable Floor Terms of Sale
We make every effort to ensure that your shipments arrive without a hitch and to keep shipping costs as low as possible. In this regard, we hope you will be as satisfied with our shipping charges as you are with the prices of our products. When it comes to the purchase of several products at once, all your purchases are packaged together and sent to you in one shipment to save you money on shipping.
Orders processing time
General articles in stock : 1 to 2 business days
Swimming pool kits : 4 to 6 business days
Special Orders : 8 to 10 business days
Spas in stock : 2 to 4 business days
Spas Back Order : 8 to 16 weeks
Next day delivery or 2-day delivery is sometimes available at an additional cost. Contact customer service to find out about rates and availability.
Reduced delivery charges and free delivery replace usual delivery charges on each item during special promotional periods, only if it applies.
Additional shipping information
The following applies to all orders: The delivery period is generally 5 business days. Please call customer service for a more precise estimate. Shipments outside of UAE are subject to additional charges and taxes. These charges and taxes are payable upon reception and are the responsibility of the customer. When you compare our shipping charges with those of our competitors, we believe you will conclude, as have so many satisfied customers, that Desert Grove Pools & Spas offers you the best qualityprice ratio on shipping.
For more information, contact our customer service department.
Inspection upon delivery
We do everything possible to make sure your order is put together and handled with care. We also use supplementary protective packaging to make sure your goods arrive in perfect condition. We ask that you do not sign the shipping waybill for any order that is visibly damaged. If a product seems damaged, please refuse delivery and inform customer service immediately.
Large items such as Swim Spas, gazebos and patio furniture are shipped via private transport companies (shippers). These companies will call you in advance to arrange a delivery date and time. It is critical that you examine the merchandise you receive from the shipper with great care before signing and accepting delivery.
It is important to look for external damages to packaging, and to remove the contents from its packaging in the presence of the shipper to determine if the merchandise is damaged. If you discover any visible damage, indicate it on the shipping order. If the merchandise is damaged to the point where it is not usable, please refuse delivery.
If you discover internal damages (not readily visible) after accepting delivery of the merchandise, please inform us within 48 hours of reception. Desert Grove Pools & Spas is not responsible for damages once you have signed the shipping order accepting delivery of the merchandise. We will, however, assist you in recovering any damages from the shipper.
Your satisfaction is our main priority at Desert Grove Pools & Spas. All products refused upon delivery will be replaced and errors corrected immediately. If you have questions concerning your delivery, please contact our customer service department.
Return, reimbursement and exchange policy when an order was placed on desertgrove.com Website.
Should the merchandise be defective or not work, it can be exchanged for similar merchandise under the following conditions:
- Merchandise is returned in its original packaging and in good condition
- Merchandise is returned within 10 days of the delivery date
- Return costs equivalent to 15% of the amount of the merchandise will be deducted for restocking fees.
The reimbursement will be made only after the merchandise has been checked by Desert Grove Pools & Spas.
No return will be accepted for :
- The automatic cleaners and replacement liners
- Electronic parts (i.e.: control panels, spa pack, etc.)
- Special or customized orders
To return the merchandise, please contact Customer Service by email firstname.lastname@example.org
PLEASE READ THE FOLLOWING CONDITIONS CAREFULLY
Use of this Internet site operated by Desert Grove Pools & Spas. ("desertgrove.com") and located at the URL address www.desertgrove.com (the "Site") is governed by the following terms and conditions. While using the Site, customer undertakes to respect the terms and conditions listed hereunder. The contract between desertgrove.com and customer which results by customer's acceptance of the terms and conditions stipulated herein by way of customer's use of the Site, is governed by the laws applicable in the United Arab Emirates. In the event that customer does not accept these terms and conditions,
customer should not use this Site and should not order any products through this Site. The terms and conditions hereunder may be modified at anytime by www.desertgrove.com with further notice to customer.
RULES RESPECTING THE USE OF THE WEB SITE
It is strictly forbidden to download, post, publish, transmit, reproduce or distribute, by any means whatsoever, any information or other elements obtained through this Site. Such information and elements are protected by copyright or by any other intellectual property right and may not be used without prior written authorization from the beneficiary of the right in question. The Site and elements contained therein are supplied as is, without any guarantee, implicit or explicit, and accordingly, www.desertgrove.com declines any and all responsibility and does not give any guarantee with respect to the reliability, suitability for a particular purpose or the precision of the elements reproduced on the www.desertgrove.com declines any and all responsibility and does not give any guarantee with respect to the reliability, suitability for a particular purpose or the precision of the elements reproduced on the Site. www.desertgrove.com together with its affiliates, directors or employees decline all responsibility regarding any error or any information which could be found on the Site and cannot at any time be held responsible of any damages resulting therefrom. In the event that such errors or information shall be
detected, www.desertgrove.com undertakes to advise its customers within a reasonable delay. Please note that certain products may be slightly different than the illustration appearing on the Site.
The price payable for each product ordered is the one appearing on the Site for that product at the time of customer's purchase. All prices are stipulated in United Arab emirates Dirhams. www.desertgrove.com reserves the right to modify the price of products offered on the Site at any time and without any further notice.
Prices of the products offered on the Site may differ from the prices, for the same products, offered for sale at www.desertgrove.com's physical places of business.
METHOD OF PAYMENTS/INVOICING
Payment by credit card is the only form of payment that will be accepted for purchases made through the Site. Visa and MasterCard shall be accepted.
CANCELLATION AND REFUND
In order to cancel an order placed through the Site, customer shall send an e-mail to following address 36 hours in advance : email@example.com
www.desertgrove.com shall not be responsible for not executing any of its obligations towards customer, nor of the damages or loss customer may incur or suffer from, in the event that the nonexecution is a result of force majeure or circumstances beyond www.desertgrove.com's control.
SECURITY AND CONFIDENTIALITY
www.desertgrove.com insures, on a continual basis, protection of the information provided by customer. www.desertgrove.com has installed security devices to insure the confidentiality of the information provided by customer at the time the order is placed. www.desertgrove.com has developed advanced security measures to protect customer from the loss or the unauthorized use of the information that will be transmitted at the time an order is placed, such information will be under the control of www.desertgrove.com, including information related to customer's credit card. www.desertgrove.com's servers are currently using the most advanced transmission technology commonly known as Secure Socket Layers (SSL) which permits a secure transmission of personal information. Furthermore, www.desertgrove.com's servers are protected against fire. Nevertheless, no security device is perfect and customer must understand that there is always a risk that a third party intercepts information, without permission, sent to desertgrove.com. desertgrove.com declines any responsibility for the
foregoing, unless desertgrove.com has been negligent. Please note that in ensuring customer's security, no information regarding customer's credit card is stored in the servers used by desertgrove.com.
desertgrove.com requires that you transmit your name, address, e-mail address and other information with your consent while purchasing a product or when entering a contest. To the extent possible, desertgrove.com will provide you with the means to verify that the confidential information transmitted is accurate and up-to-date. Customer information allows desertgrove.com to open an account in your name, to process your order, to contact you in the event that you win a prize in a contest, to customize
your shopping experience, if you so authorize us, to send you a customized Newsletter.
desertgrove.com would like to inform you that its advertisers and/or partners do not, at any time, have access to confidential customer information. In addition, desertgrove.com does not sell its lists of users. You always have the option to request from desertgrove.com that you no longer want to receive the Newsletter by so indicating on the necessary form.
LINKS TO OTHER SITES
The Site contains certain links to websites operated by other companies. By connecting to these links, customer will no longer be on the Site. desertgrove.com has no control over the other websites and desertgrove.com shall not be held responsible even if such link is part of the Site. We recommend that customer pays particular attention to the policies contained on those sites with respect to confidential information.
Cookies are small files which are incorporated into customers hard disk from certain web pages contained in this Site. Cookies are harmless; they cannot extract any information from customer's hard disk. Cookies are only used to personalize customer's future use of the Site. This technology does not give desertgrove.com customer's personal information. Please note that customer can change his computer's configuration so that it won't accept any Cookies but in the case of desertgrove.com, these cookies are essential to use the site.
The present contract and documents mentioned herein constitute the entire agreement between desertgrove.com and customer with respect to the object herein. desertgrove.com's failure to insist on the strict application of a particular clause of this contract or its failure to require compliance therewith shall not be interpreted as a renunciation to the application of a particular clause or the exercise of a particular right. In the event that a competent court shall judge a provision contained herein to be null, invalid or not enforceable, such judgement shall have no impact on the other provisions of the present contract.
TERMS & CONDITIONS
Desert Grove takes precautions to protect your personal information online and offline. We employ a variety of technological solutions to ensure the security of transactions on our website. Your information is encrypted and protected using Secure Sockets Layer (SSL) software, in accordance with industry norms. In addition to using SSL encryption to protect your personal information online, we also protect your information offline. All customer information is stored in a restricted area. Only employees who require access to it to fulfill a specific task related to their work (for example, customer service agents and sales representatives) are authorized to access identifiable personal data.
METHOD OF PAYMENT
Desert Grove Pools & Spas accepts MasterCard and Visa credit cards.
MOVABLE FLOOR TERMS OF SALE
These General Conditions of Sale (also referred to hereafter as the "GTS") are concluded:
Desert Grove Pools & Spas, a Limited Liability Company, registered in the Dubai Economic Development (DED) Register under number 959947, having its registered office at Address: Office # 04, First Floor, Al Asmawi Building, Ras Al Khor industrial-2, PO.Box: 112392 - DUBAI - UNITED ARAB EMIRATES, duly authorized for the purpose hereof hereinafter referred to as “Desert Grove Pools & Spas" or "Seller",
Any non-professional natural or legal person who, after having carefully consulted and accepted these General Terms and Conditions of Sale, decides to purchase a Movable Floor, hereinafter referred to as the "Customer",
Hereinafter referred to individually as the "Party" or collectively the “Parties".
ARTICLE 1. PRE CONTRACTUAL INFORMATION FROM THE CUSTOMER:
The Customer acknowledges having communicated, prior to the Order of a Movable Floor, in a readable and understandable manner, this GTS and all the information listed in Article L. 221-5 of the Consumer Code, and in particular the following information, whether or not included in the GTS:
- The essential characteristics of the Movable Floor (including instruction manual);
- The price of the Movable Floor;
- The date or deadline at which Desert Grove Pools & Spas undertakes to deliver the Movable Floor;
- Information relating to Desert Grove Pools & Spas, its postal, telephone and electronic contact details, and its Desert Grove Pools & Spas activitie;
- Information relating to legal and contractual guarantees, and their implementation methods; Information relating, as soon as it is applicable, to the right of withdrawal (existence, conditions, deadline, modalities of exercise of this right), the terms of termination and other important contractual conditions;
- The possibility of using a consumer mediator;
- The means of payment accepted;
ARTICLE 2. ACCEPTANCE
The signing of the Estimate and the fact that the Customer ticks the box "I acknowledge having read and accepted the attached GTS" or signing these GTS constitutes express and unreserved acceptance by the Customer of the Contract in force on the day of signing the Estimate by the Customer and his commitment to respect the content, in particular his payment obligation.
The Customer acknowledges having read the Contract and having fully understood its terms, prior to signing the Estimate.
ARTICLE 3. DESCRIPTION OF THE MOVABLE FLOOR
The main characteristics of the Movable Floor and in particular the specifications, illustrations and indications of dimensions or capacity of the Movable Floor, are presented in the Desert Grove Pools & Spas catalogs, in particular on its Site. The photographs and graphics presented are not contractual and do not engage the responsibility of Desert Grove Pools & Spas. The Customer is required to refer to the description of theMovable Floor in order to know its properties and essential features.
For your information, IVY is a high-end and technological product. Designed from proven materials made in France, it will provide you with significant safety and increase the use of your pool. The aesthetics of your pool will be preserved in all seasons and in all configurations.
The use of the Movable Floor, in particular via the Application, is explained in the technical documentation. Use of the Application is subject to the Customer's acceptance of the General Conditions of Use (T & Cs).
ARTICLE 4. ORDER
4.1. The Order
The Client can request a Quote directly from Desert Grove Pools & Spas or go to the Desert Grove Pools & Spas website and complete the form provided for this purpose so that Desert Grove Pools & Spas can prepare a Quote in accordance with the specifics of the Client's swimming pool.
Desert Grove Pools & Spas issues a Quote on the basis of the information provided by the Client, if necessary, the Parties may adjust the Quote according to the Client's needs.
The Customer also has the possibility of contacting Desert Grove Pools & Spas to request that Installers come and take the precise measurements of the swimming pool in order to establish the Estimate. This Service is invoiced by the Installer according to a fixed rate indicated on the Site or the commercial documentation.
The signature of the Quote by the Customer implies acceptance; the Movable Floor order is considered firm and definitively accepted by Desert Grove Pools & Spas and the Customer.
When signing the quote, the customer will be able to choose an option to terminate his order up to 2 months before the delivery date provided for in the quote. He will then have to pay a deposit of € 500 when signing the estimate, which will be returned in full in the event of termination within the above deadlines.
The Order relates only to the Movable Floor, and the Quote does not include the Installation or Maintenance of the Movable Floor. These services will be the subject of separate quotes, unless specifically specified.
4.2 Realization of the Movable Floor
The Movable Floor is made to measure on the basis of the elements provided by the Customer when requesting a Quote or on the basis of the audit and measurement ordered by the Customer from an Installer.
The Customer can carry out his own measurement by following the instructions communicated by Desert Grove Pools & Spas. The Customer must verify that there are no material incompatibilities as described in the measurement instructions.
Desert Grove Pools & Spas cannot be held responsible for any incompatibility resulting from improper measurement and errors in the description of the reception basin provided.
Parts can be pre-assembled by Desert Grove Pools & Spas, the installation of the Movable Floor is carried out by Desert Grove Pools & Spas as an approved and independent Installer.
Service and Maintenance services are not included in the selling price of the Movable Floor.
The Customer is invited to contact Desert Grove Pools & Spas to obtain a quote and contract directly with him.
ARTICLE 5. FINANCIAL CONDITIONS
The sale price or measurement service price is indicated on the Quote signed by the Customer as well as on the invoices. The price indicated is exclusive of taxes, import duties and all taxes included after application of the applicable VAT rate, unless indicated.
Unless Specified, the Price does not include the Installation, Service or Maintenance of the Movable Floor.
Where applicable, the estimate may exclude the cost of delivery.
5.2 Payment Terms
The signing of the contract marks the firm and final validation of the Order, the Customer thus having to pay the price in full and Desert Grove Pools & Spas having to deliver the Movable Floor.
As a deposit within the meaning of Article L.214-1 of the Consumer Code, a first payment to reserve our products will be requested upon signature of the Quote. This amount of € 500 including tax will be refundable until payment of the second deposit or a maximum of 2 months before the delivery date provided for in the contract if the customer wishes to cancel his order.
The cancellation of the order will take place in RAR within the above deadlines and will result in the reimbursement of the first deposit of € 500 including tax.
If the customer does not pay the first deposit within one week of signing the commercial proposal, the contract will become final and the customer will no longer have the option of canceling his order.
A second deposit corresponding to 50% of the total price of the Movable Floor ordered is required at the latest 2 months before the delivery date without being able to exceed 12 months after the date of signature of the contract. Otherwise, beyond 12 months, Desert Grove Pools & Spas reserves the right to apply the new rates in force and to withdraw or claim payment of this second deposit.
The production of the Movable Floor can only be triggered from the payment of the deposit of approximately 50%.
The Seller will not be required to deliver the Movable Floor ordered by the Customer if the latter does not pay him the Price in full.
The Customer may make payments by bank transfer, electronic payment or bank card using the bank details attached to the Quote and indicating the reference number specified in the Quote.
Payments made by the Customer will only be considered final after effective collection of the sums due by Desert Grove Pools & Spas.
ARTICLE 6. WITHDRAWAL
Regarding the Movable Floor, in accordance with Article L. 221-28 3 ° of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized.
Each Movable Floor is tailor-made by Desert Grove Pools & Spas to adapt to the Customer's swimming pool. Consequently, the Customer does not benefit from the right of withdrawal on the Order placed.
ARTICLE 7. DELIVERY
The delivery time for the Movable Floor is indicated in the Quote and depends on the date of payment of the full price.
Any event likely to have an influence on the delivery of the Order will be immediately brought to the attention of the Customer by Desert Grove Pools & Spas who will then propose a new delivery time.
7.2 Place of delivery
The the Movable Floor is sent to the delivery address provided by the Customer when placing the Order. Desert Grove Pools & Spas cannot be held responsible for the impossibility of delivering the the Movable Floor in the event of incorrect information when the Customer enters his delivery details.
The Customer must indicate the conditions of access to the delivery site, Desert Grove Pools & Spas cannot be held responsible for any impossibility of access due to causes not indicated before the Customer's the Movable Floor is dispatched to Desert Grove Pools & Spas.
7.3 Transfer of risk - Ownership
The risk of loss or damage to the Movable Floor is transferred to the Customer at the time of delivery of the Movable Floor concerned against delivery of the delivery slip.
The transfer of ownership takes place upon delivery of the Movable Floor subject to full payment of the Price by the Customer.
7.4 Apparent defect in the package
The Customer is required to check the apparent condition of the package upon delivery.
When delivering the package, if the Customer finds that the package containing the Movable Floor delivered is damaged or open, the Customer will have the right:
- refuse the package and notify the deliveryman of this refusal;
- to make an observation to the delivery person.
If upon opening the package, the Customer finds a defect, he may make a written complaint to the carrier within fourteen (14) days of receipt of (hereinafter the "Complaint Period")
In the absence of a reservation made at the time of delivery or within the Complaint Period, the Movable Floor may no longer be the subject of the carrier complaint procedure, as described above, and will then be considered accepted without reserve by the Customer.
7.5 Apparent flaw in the Movable Floor
In the event that the Customer finds a defect in the quality and / or conformity of the Movable Floor delivered by Desert Grove Pools & Spas in relation to the Order, he must refer to the warranty conditions provided for in Article 7.
ARTICLE 8. GUARANTEE
All Movable Floors benefit from the legal guarantee of conformity (articles L.217-4 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code) allowing the Customer to return free of charge. products delivered defective or non-compliant.
It is specified that the legal or commercial guarantees specified here relate only to the Movable Floor and its Installation.
8.1 Legal guarantee of conformity
Article L 217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility ”
Article L 217-5 of the Consumer Code: "The goods comply with the contract:
1) If it is suitable for the use usually expected of a similar good and, where applicable:
o If it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
o If it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2) Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ”.
Article L 217-12 of the Consumer Code: "The action resulting from the lack of conformity lapses two years after delivery of the goods".
When acting as a legal guarantee of conformity, the Customer:
- has a period of two years from the issuance of the Movable Floor to act;
- may choose between repairing or replacing the Movable Floor, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
- is exempt from providing proof of the existence of the non-compliance of the Movable Floor during the 2 years following the issuance of the Movable Floor.
If repair and replacement of the good is not possible, the buyer can return the good and have the price returned or keep the good and have part of the price returned.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
8.2 Guarantee against hidden defects
Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. not acquired, or would have given only a lower price, if he had known them ”.
Article 1648 paragraph 1 of the Civil Code: "The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect".
The Customer can implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the civil code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
8.3 Implementation of the guarantee - Exclusions of guarantee
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-compliance of the Products within the above-mentioned deadlines and return or bring back to the store the defective Products in the condition in which they were received. with all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed to be non-compliant or defective. In the event of delivery, the shipping costs will be reimbursed on the basis of the invoiced price and the return costs will be reimbursed on presentation of supporting documents.
Refunds for Products deemed to be non-compliant or defective will be made as soon as possible and no later than 14 days following the finding by Desert Grove Pools & Spas of the lack of conformity or the hidden defect.
The reimbursement will be made by crediting the Customer's bank account.
The Seller's liability cannot be engaged in the following cases:
Non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
In the event of improper use as defined in the Instruction Manual, of use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force major,
In the event of non-compliance with the maintenance rules defined in the Instruction Manual or any other technical documentation made accessible by Desert Grove Pools & Spas.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-conforming Products or those affected by a defect.
ARTICLE 9. RESPONSIBILITY
Desert Grove Pools & Spas is fully responsible to the Client for the proper performance of its obligations.
Desert Grove Pools & Spas cannot be held responsible for damages attributable to the Customer himself, or to a case of force major.
ARTICLE 10. FORCE MAJEURE
Desert Grove Pools & Spas will not be held responsible towards the Client for the non-performance or delays in the performance of an obligation of this Contract which would be due to the occurrence of a case of force major.
ARTICLE 11. NOTIFICATIONS
Exchanges between the Parties may take place by any means, in particular by electronic mail.
The paper printout of an email allows valid proof of the content of the exchanges.
ARTICLE 12. INTELLECTUAL PROPERTY
Documents, proposals, studies may not be distributed, duplicated or loaned without the express permission of the Company which keeps the intellectual property.
The Company may use visuals: photos, diagrams, videos, of the installation or production of the movable floor for the purpose of training or sales assistance.
ARTICLE 13. GENERAL PROVISIONS
It is formally agreed that any tolerance or waiver of one of the Parties, in the application of all or part of the commitments provided for in this Contract, whatever the frequency and duration, may not constitute a modification of this Contract, nor generate any right.
These stipulations constitute the entire Contract of the Parties and reproduce in all points the agreements, letters of intent, letters and previous proposals between them, whatever the form or name and relating to the same subject, with the exception of those listed herein.
If any of the provisions of the Contract is canceled in whole or in part, the validity of the remaining provisions of the Contract will not be affected. In this case, the Parties shall, if possible, replace this canceled stipulation with a valid stipulation corresponding to the spirit and purpose of the Contract.
ARTICLE 14. APPLICABLE LAW - SETTLEMENT OF DISPUTES
14.1 Application law - jurisdiction
This contract is subject to United Arab Emirates law.
In the absence of an amicable resolution, all disputes relating to this Contract will be brought to the attention of the competent courts.
In accordance with the provisions of Article L.616-1 of the Consumer Code, the Customer is informed of his right to resort to mediation to settle amicably the dispute between them and a professional.
14.2.1 Prior complaint
The CUSTOMER must send his complaint by registered mail with acknowledgment of receipt to the following postal address: Office # 04, First Floor, Al Asmawi Building, Ras Al Khor industrial-2, PO.Box: 112392 - DUBAI - UNITED ARAB EMIRATES or by e-mail to the following address: firstname.lastname@example.org
14.2.2 Request for mediation
In the event that the complaint is not followed up or that the solution proposed by Desert Grove Pools & Spas does not satisfy the Client within 2 months, the Client may submit the dispute to a mediator who will attempt, with complete independence and impartiality. to bring the parties together with a view to reaching an amicable solution.
To present their mediation request, the Client has a complaint form available on the mediator's website.
The parties to the Contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or reject the solution proposed by the mediator.
The mediator will be the e-commerce mediator of the FEVAD (Federation of e-commerce and distance selling) by accessing the online form at the following address: