Shipping and Returns

1. Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

In these terms and conditions:

• “we”, “our” and “us” mean The POPS Group Pty Ltd of 10-12 Cairns street, Loganholme, Qld, Australia, 4129;
• “you”, “your”, “user”, “member”, “guest” means anyone that visits and/or uses “this website”, “site” means this website (www.poolware.com.au);
• “Order” means any offer made by you in response to an invitation to treat by us made via this website;
• “Order Confirmation” means written confirmation that your Order has been received by us; and,
• “Products” means the products listed on the site or such products that we provide to you from time to time.

2. Contract

These terms and conditions together with your Order, website terms and conditions and our privacy policy (set out on this website) constitute the entire contract between you and us for the supply of Products. The contract cannot be varied unless we agree to vary it in writing or by email.

3. Right to Amend

We reserve the right to change, modify, add or remove segments of these conditions at any time (in our absolute discretion). Please check these terms and conditions regularly to ensure that you are aware of any changes. Your continued use of the site following the posting of changes to these terms means that you accept those changes made to the site.

4. Transaction

All online transactions are processed in Australian Dollars (AU$).

5. Legal Capacity To Transact

You must be over the age of eighteen (18) years to place orders with us. By accepting these terms and conditions you acknowledge that you are over the age of eighteen (18) years. Should we suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any Order(s) to be placed with us.

6. Your Order

By placing an Order, you make an offer to us to purchase the Products you have selected based on these terms and conditions. No information on our website constitutes or should be deemed as an offer by us to supply any Products. We will however make every effort to supply the Products to you. We do not formally accept your offer until your Order has passed our internal validation procedures for verifying the bona fides of each Order placed, for the purpose of preventing credit card or payment fraud. We reserve the right to refuse service, terminate accounts, or cancel Orders in our sole discretion. In the event that a Product ordered is not available or we are unable to fulfil your Order we will notify you within 2 Business days (Monday to Friday excluding Public Holidays as gazetted from time to time in Queensland, Australia) to arrange an agreeable alternative item, a backorder or a full refund. If we cannot process or accept your Order after payment is received, we will contact you by email or telephone.

7. Delivery

Delivery may take up to 10 Business days from the date your payment is received and processed however we will use every effort to ship your Order within 2 Business Days. Although every effort is made to ship your Order according to the estimated delivery times provided, estimated shipping times may change due to changes in supply or circumstances beyond our control and we do not guarantee that we will deliver within this time frame. If your Product has not arrived after the estimated delivery time, please contact us. Unless otherwise agreed by us, we will deliver your Product to the address indicated on your Order confirmation. If no one is available to take delivery of your Products, our carrier will leave a card so you can pick up your Product from the nearest depot or arrange a suitable time and date for delivery as per our carrier’s service. Title and risk of loss to all Products will pass to you on delivery.

8. Payment Methods

Payment processing will not begin until we receive all the information as required. Orders placed on any day other than a Business day may only be processed for payment on the next Business day. If a payment is not received within 7 days from the date you receive your Order Confirmation, we reserve the right to cancel the transaction. A tax invoice will be provided to you after your payment has been confirmed. We reserve our right to request further identification for additional security reference checks.

9. Prices

We seek to list Products with the most competitive prices. We however reserve the right to change the prices for Products listed at any time before you place an Order. The price of Products shown excludes shipping costs. Shipping costs are shown separately on the product page but may be recalculated based on the amount and type of Product you order. All Orders over $50.00 will receive free shipping.

10. Freight Insurance

If you select insured freight as your shipping option during checkout, then the insurance provided will cover all Products sent to you against loss or damage during transit.

11. GST

All purchases include GST calculated in accordance with the A New Tax System (Goods and Services Tax) Act 1999.

12. Consumer Guarantee

Consumer guarantees apply under the Australian Consumer Law. We endeavour to provide quality service and products and to make sure that all Products listed are currently in stock and the pricing is true and correct.

13. Refund

Refunds will not be provided if you change your mind about a purchase or make an incorrect choice. If we agree to a refund, credit or exchange (such decision being in our absolute discretion) the returned Products must be in the same condition as they were at the time of shipping and in the original packaging. If we accept the return of a Product you must complete a goods return form that we will provide to you. The form must be returned to us prior to or at the time of return of the Products. All Products returned will incur a restocking fee that is calculated as 20% of the purchase price of the Product. You must also prepay the shipping charges for return of the Products to a place nominated by us and arrange insurance coverage and you accept the risk of damage to the Products during shipping.

14. Defective Products

If a Product is defective we will repair the Product and return it to you, give you a refund, exchange the Product or provide you with a store credit. You must notify us within 7 days of receipt of the defective Product and provide to us photographic evidence of the defect. We will pay for shipment of the returned Product only if you notify us of your claim within 7 days of delivery You must take the Product to our carrier of choice or nominated agent for return to us. You must complete a goods return form that we will provide to you and the form must be returned to us prior to or at the same time as the defective Products.

15. Product Warranties

Notwithstanding any other clause, all Products are covered by the manufacturer’s warranties. If a Product becomes defective during the manufacturer’s warranty period, the Product must be returned to us for either repair or replacement. The manufacturer’s warranty will not cover the cost of return shipping of the Product. If you have a Product that needs to be repaired or replaced during the Products manufacturer’s warranty period, please click here and submit the form. We will contact you to discuss how to proceed.

16. Liability

To the extent permitted by law:

• we will not be liable for any loss of income, loss of profits, loss of contracts or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort, including negligence, breach of contract or otherwise;
• We will not be liable for any loss, injury or claim, liability or damage related to your use of the site, whether by errors or omission of the content of our site or any other linked sites, from the site being down or any other use of the site. In short, your use of the site is at your own risk.
• we will not be liable for any death and/or loss to person and/or property, damage, costs, claims or liability incurred as a result of any accidents and/or incidents that occurred because of the use of the Product(s);
• our maximum aggregate liability for any Product supplied to you whether in contract, tort, including negligence, or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

17. Security

We make use of a secure server using 256 bit SSL (secure sockets layer) encryption technology for the transactions with our customers, however we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose financial details is fraudulently used or is used in an unauthorised manner.

18. Privacy

By placing your Order, you agree that we may store, process and use data collected from your Order for the purposes of processing and delivering your Order. If you so indicate on the appropriate section of the website, you also agree that we may use such data, other than the credit card details, in order to provide you with information from time to time regarding our products that may be of interest to you. The privacy policy is subject to change and we will post these changes on this Site. If you do not agree to our using such data, you should indicate your non-agreement on the appropriate section of our website. Please refer to our Privacy Policy that is set out on this Site.

19. General

No rights and obligations under these terms and conditions may be assigned whether in whole or in part without the prior written consent of us. Any unauthorised assignment shall be deemed null and void. If any provisions of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provisions in question shall not be affected. Neither our failure not your failure to enforce any terms or condition constitutes a waiver of such term or condition. Such failure shall in no way affect the right to enforce such term or condition.

20. Force Majeure

To the extent permitted by law, we are not liable for any delay in performing any of our obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of us and we shall be entitled to a reasonable extension of time for the performance of such obligations.

21. Governing Law

These terms and conditions, the contract created by these terms and your Order shall be governed by and construed in accordance with the laws of Queensland and shall be subject to the non-exclusive jurisdiction of the courts of Queensland, Australia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms or this site shall be filed only in the State or Federal Courts located in Queensland and you submit to the jurisdiction of such Courts.