Effective Date: [20.10.2024]
1. Definitions
1.1 “Buyer” refers to the individual or entity purchasing goods or services from the Seller.
1.2 “Goods” refers to pool chemicals, equipment, and any other products offered for sale.
1.3 “Services” refers to pool maintenance services provided by the Seller.
1.4 “Seller” refers to PoolGuardWA, the entity selling the Goods and Services.
1.5 “PPSA” refers to the Personal Property Securities Act 2009.
2. Online Shop/ E Commerce Site
The Seller operates an online shop for the purchase of Goods and Services. All orders placed through the online shop are subject to these Terms of Trade.
The PoolGuardWA Platform is operated by PoolGuardWA ABN 725 141 721 70 (PoolGuardWA, Us, We) as a digital marketplace. Transactions that are processed through the PoolGuardWA Platform will be a contract for sale directly with the PoolGuardWA responsible for fulfilling the order.
Without limiting the way in which you may become bound by these Ecommerce Trading Terms, you will be deemed to have accepted and will be bound by these Ecommerce Trading Terms by accessing the PoolGuardWA Platform or placing an order through the PoolGuardWA Platform.
1 ACCESSING THE POOLGUARDWA PLATFORM
1.1 You may browse the PoolGuardWA Platform and submit an enquiry for price (Request for Quote- RFQ) by completing the simple form.
1.2 To submit a service enquiry or a RFQ, you must be at least 18 years of age and placing the order from within Australia. By submitting an enquiry or RFQ, you represent and warrant to Us that you are over the age of 18 years, you are placing the order from within Australia and that all other information given to Us is true, correct and not misleading.
2 PLACING ORDERS
2.1 You may place an order directly with PoolGuardWA once the RFQ is sent via the Platform. PoolGuardWA will deliver the orders within PoolGuardWA service area and will be subject to the terms and conditions agreed upon between Us and the Client.
2.2 Delivery Ordering is not available for all locations or regions. If your delivery location is not within a PoolGuardWA service area, you will not be able to request Delivery Ordering.
2.3 To place an order via the PoolGuardWA Platform for Delivery Ordering you will be required to specify:
(a) the Ordered Products;
(b) the delivery address, which must be within a PoolGuardWA service area;
(c) your payment information; and
(d) any other details We require to finalise your order.
2.4 You must ensure that you check all of the details you enter and correct any errors before submitting your order, as We will begin processing your order immediately.
2.5 We reserve the right to refuse an order on any reasonable grounds, including temporary or indefinite unavailability of stock.
3 PRICES
3.1 The prices as provided by PoolGuardWA at the time an order is placed will apply to the Ordered Products and supersede all prior representations or indications of price.
3.2 All prices stated on the PoolGuardWA price quotation are inclusive of GST but exclude any delivery or installation fees (if applicable) and any merchant or transaction fees (if applicable). Delivery fees will be quoted separately.
3.3 The PoolGuardWA Platform may allow you to apply certain available discounts, promotions or loyalty programs (if any) to orders. If you wish to take advantage of a discount, promotion or loyalty program, please call us directly to place a telephone order.
3.4 We reserve the right to refuse an order or alter the agreed price if an incorrect price was given due to a software malfunction, third party interference with the PoolGuardWA Platform or any other error or omission which is outside the reasonable control of PoolGuardWA.
4 PAYMENT
4.1 You must pay for the Ordered Products at the time of confirming your order using an approved payment method.
4.2 The payment will be processed by Us immediately and will be debited from your account or charged to your nominated payment card in the timeframe set by your card or account provider.
4.3 Any transaction fees charged to PoolGuardWA by a third party payment gateway or credit card provider will be included in the final price charged to you.
4.4 If PoolGuardWA needs to engage the services of a mercantile agent, debt collector or solicitor for collection of outstanding sums, you will be liable for the costs of debt collection (including professional legal costs (on a full indemnity basis) and reasonable management time at hourly rates determined by PoolGuardWA (acting reasonably and in good faith)).
4.5 If We are unable to authorise your payment via the selected payment method at check out, you will be alerted and your order will not be processed.
4.6 We have engaged a third party payment provider to securely process credit and debit card payments and store payment details for Account holders. We will not store your credit or debit card information on our servers and will not have direct access to your payment information.
4.7 You represent and warrant to Us that all payment card information supplied by you in connection with an order is legitimate, current and owned by you (or you are authorised to provide it) and no information supplied by you is fraudulent.
5 ACCEPTANCE OF ORDERS
5.1 Acceptance of payment does not amount to acceptance of an order or a promise by PoolGuardWA to supply the ordered Product to you.
5.2 An order will only be accepted once an invoice for the order has been issued to you by us.
5.3 If an order is rejected after your payment has been processed, the payment will be refunded.
6 CHANGES & CANCELLATIONS BY YOU
6.1 If at any time you want to cancel an order due to the products being on back order or you have purchased the wrong product, please contact us.
6.2 We reserve the right to charge you reasonable additional fees to comply with your request if it is received after the dispatch of any Ordered Products.
7 CHANGES & CANCELLATIONS BY US
7.1 If PoolGuardWA is unable to fulfil your order due to unforeseen circumstances, or if one of the products is out of stock or no longer available, we may contact you to cancel or vary your order.
7.2 In such a case, PoolGuardWA will determine whether it is appropriate to:
(1) replace the unavailable item with another item of a similar value;
(2) replace the unavailable item with an alternative suitable product which may require an additional charge;
(3) provide a partial refund of the price of the unavailable item;
(4) cancel the entire order and provide a full refund; or
(5) provide another form of compensation that deems appropriate.
8 DELIVERY
8.1 Delivery is available during store business hours, Monday to Friday. Delivery on Saturday or Sunday or outside business hours is at the discretion of the store and their availability, and may incur additional delivery charges.
8.3 You or a person nominated on your order must be available to receive and sign for the delivery. To receive the delivery, you may be required to present your order confirmation or appropriate identification that matches your order.
8.4 Delivery is free on orders over $99.00 where the delivery occurs during store business hours, Monday to Friday. Delivery fees for orders below $99.00 and for delivery on Saturday or outside business hours will be at the discretion of PoolGuardWA.
9 REFUNDS AND RETURNS
9.1 In accordance with both State and Commonwealth law, all refunds rights apply.
9.2 Products ordered through the PoolGuardWA Platform come with guarantees that cannot be excluded under the Australian Consumer Law.
9.3 The PoolGuardWA is required to provide a refund or replacement in respect of any product supplied to you where the consumer guarantees do not apply (for example, you got what you asked for but have simply changed your mind, found it cheaper, decided you didn’t like the purchase or had no use for it).
9.4 If an item has a major problem you can choose a refund or exchange. A major problem is when the item:
(1) has a problem that would have stopped someone from buying the item if they had known about it;
(2) is unsafe;
(3) is significantly different from the sample or description;
(4) doesn’t do what it was represented to do, or what you asked for, and can’t be easily fixed.
Alternatively, you can choose to keep the item and PoolGuardWA will compensate you for any decrease in the value of the product which is attributable to the major problem.
9.5 If the problem is not major, PoolGuardWA will repair the item within a reasonable time. If it is not repaired in a reasonable time, you can choose a refund or replacement.
9.6 Proof of purchase will be required for any refund or replacement. If you are unable to provide proof of purchase, you may provide a bank statement which shows the transaction or a photo of the receipt. In the event that there is no way to determine that the product was purchased from PoolGuardWA, it will be at PoolGuardWA’s discretion as to whether they provide a refund or replacement.
9.7 In some instances, PoolGuardWA may elect to return the product to the manufacturer’s repair agent to determine the nature of the problem.
9.8 We reserve the right not to offer an exchange voucher, refund or repair where the item fault is a result of misuse or neglect or in circumstances where consumer guarantees do not apply.
9.9 If you wish to return a product during a trial period offered by a manufacturer for reasons other than the product being faulty, you need to follow the instructions provided by the manufacturer.
9.10 All other implied conditions and warranties in relation to the products to be supplied by PoolGuardWA are excluded to the maximum extent permitted by law.
10 LIMITATION OF LIABILITY
10.1 To the maximum extent permitted by law, and subject to clause 9 above, PoolGuardWA excludes, for itself all liability for all claims, expenses, losses, damages and costs made against or incurred or suffered by you directly or indirectly (including without limitation lost costs and profits) arising out of:
(1) your use or misuse of any products supplied;
(2) the negligence of PoolGuard,WA servants or agents and any supplier of products ordered by you.
10.2 In any event, PooGuard WA will not be liable for any claim for loss of profits or consequential damages.
10.3 The liability of PoolGuardWA to you for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that you caused or contributed to that loss or damage.
11 PURCHASE OF CHLORINATOR – POSSIBLE RUSTING OF POOL STRUCTURE
11.1 PoolGuardWA expressly discloses and you confirm receiving prior notice from PoolGuardWA that in some instances chlorinators have caused rusting of pool structures. You acknowledge that rusting occurs for reasons completely beyond the control of PoolGuardWA and is not a fault in the product.
11.2 Purchase of the chlorinator is made by you on the express understanding that PoolGuardWA will not be responsible for any rusting of the pool structure which subsequently may occur and you release PoolGuardWA from any loss or damage or claim arising out of or in relation to the rusting of your pool caused by the chlorinator purchased.
12 RISK AND OWNERSHIP OF PRODUCTS
12.1 Risk in all Ordered Products supplied in accordance with these Ecommerce Trading Terms passes to you when the products are delivered to you.
12.2 Ownership of all products delivered to you remains with PoolGuardWA until payment is made for the products. You hold all Ordered Products delivered to you as fiduciary bailee for PoolGuardWA until such time as the Ordered Products have been fully paid for by you (and such payment is not liable to be disputed, cancelled, reversed or charged back).
13 FITMENT AND INSTALLATION
13.1 Some products require installation by a PoolGuardWA technician in order to obtain the benefit of enhanced warranty protection offered by the manufacturers of the equipment pursuant to agreements entered into between these manufacturers and PoolGuardWA.
13.2 Products that require installation in order to qualify for enhanced warranty protection will be specified on the PoolGuardWA Platform. Any enhanced warranty protection offered by a manufacturer is in addition to, and does not derogate from, the consumer guarantees under the Australian Consumer Law.
13.3 You will need to contact the PoolGuardWA to arrange for installation of any products that you order that require installation. Any fees payable for installation will be payable directly to the PoolGuardWA.
13.4 The Price for the products quoted on the PoolGuardWA Platform does not include any fees associated with the installation of the products by a PoolGuardWA technician.
14 NO RESALE OR THIRD PARTY PROVIDERS
14.1 The PoolGuardWA Platform is only open for orders made on a direct to customer basis. You must not resell or resupply any products ordered via the PoolGuardWA Platform to a third party.
14.2 We may refuse, without any refund, any order submitted via the PoolGuardWA Platform which We reasonably believe has been made by or through a third party provider.
15 YOUR INFORMATION
15.1 When you place an order via the PoolGuardWA Platform you will be required to provide Us with your personal information, including your full name, your email address, your mobile phone number and your payment information (Information).
15.2 By submitting an order and giving Us your Information, you agree to the PoolGuardWA Privacy Policy and consent to Us collecting and using your Information in accordance with the PoolGuardWA Privacy Policy.
16 SUSPENSION OR TERMINATION
We may suspend or disable your Account, your right to access the PoolGuardWA Platform or your right to submit orders, at any time and for any reason.
17 VARIATIONS
We may vary these Ecommerce Trading Terms at any time by publishing the revised terms on this website. The amendments will take effect from the next time you visit the PoolGuardWA Platform. If you do not agree with the revised terms, you must immediately stop using the PoolGuardWA platform and delete your Account (if applicable).
3. Payments
3.1 Payments must be made in full at the time of purchase via the payment methods provided on the website upon delivery of the Goods or completion of the services.
- The Seller reserves the right to withhold delivery of Goods or Services until payment is received.
- Variation of payment terms may only be by written agreement between PoolGuardWA and the client.
- Where Goods or services are provided on credit, payment must be made within the time agreed between PoolGuardWA and the client. Where a payment is overdue, the balance outstanding may be charged interest at the rate of 15% per annum.
- If the client pays by American Express or Diners Club credit card a service charge of 3.5% will be levied on the payment.
- If PoolGrad WA needs to engage the services of a mercantile agent, debt collector or solicitor for collection of outstanding sums, the client will be liable for the costs of debt collection.
4. Warranty for Products
4.1 The Seller offers a warranty on Goods as per the manufacturer’s specifications.
4.2 This warranty does not cover damage caused by improper use, installation, or maintenance.
5. Limitation of Liability
5.1 To the fullest extent permitted by law, the Seller’s liability for any claim arising out of or related to the sale of Goods or Services shall be limited to the purchase price of the Goods or Services in question.
6. Risk and Ownership of Goods
6.1 Risk in the Goods passes to the Buyer upon delivery.
6.2 Ownership of the Goods remains with the Seller until full payment has been received.
7. Repossession of Goods
7.1 If full payment has not been received, the Seller reserves the right to repossess the Goods without notice. The Buyer agrees to allow access to the premises for this purpose.
8. Re-performance of Service
8.1 If the Services provided do not meet the agreed standards, the Seller will re-perform the Services at no additional cost to the Buyer, provided the Buyer notifies the Seller within 7 days of completion.
9. Personal Property Securities Act 2009 (PPSA)
9.1 The Buyer grants the Seller a security interest in the Goods purchased under these Terms of Trade to secure payment of the purchase price.
9.2 The Buyer agrees to do all things necessary to register this security interest under the PPSA.
