Pool Express - Terms and Conditions

Welcome to Pool Express! These Terms and Conditions (“Terms”) govern your use of our website located at https://PoolExpress.com.au (the “Website”) and the purchase of any products (“Products”) from Pool Express (“we”, “us”, “our”).

By accessing or using our Website and purchasing Products, you agree to be bound by these Terms and our Privacy Policy (which includes our Cookies Policy) and our Returns and Refunds Policy. If you do not agree with any part of these Terms, you must not use our Website or purchase Products from us.

1. About Us
Pool Express is an online retailer of [briefly describe your products, e.g., pool equipment and supplies].
Our business is operated in Australia for clients in all states.

2. Use of the Website

a. You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website.
b. We endeavour to ensure that the information on the Website is accurate and up-to-date, but we make no warranties or representations about the accuracy or completeness of the Website content.
c. We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you.

3. Products and Orders
a. Product Descriptions: We strive to describe and display our Products as accurately as possible. However, we cannot guarantee that colours, features, specifications, and details of the Products will be accurate, complete, reliable, current, or free of other errors on your electronic display.
b. Custom-Made Products: As noted in our Returns and Refunds Policy, many of our products may be custom-made according to your selections. Please choose carefully, as these may not be eligible for return or refund if your selections do not meet your needs due to incorrect choice.
c. Pricing: All prices are listed in Australian Dollars (AUD) and are inclusive of GST (Goods and Services Tax) where applicable. Prices are subject to change without notice. The price applicable to your order will be the price at the time your order is accepted.
d. Order Acceptance: Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, or issues identified by our fraud detection services.
e. Payment: Payment must be made in full at the time of placing your order through the payment methods available on our Website.

4. Shipping and Delivery
a. We will arrange for the shipping of the Products to you. Shipping and delivery times are estimates only and cannot be guaranteed.
b. Risk of loss and title for Products pass to you once delivery to you is completed.
c. For issues related to goods damaged in transit, please refer to our Returns and Refunds Policy.

5. Returns and Refunds
Our Returns and Refunds Policy, available on our Website, forms part of these Terms and Conditions. Please review it carefully for information on damaged goods, custom-made products, and the process for requesting a return.

6. Intellectual Property
All content included on the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Pool Express or its suppliers and protected by copyright and other intellectual property laws. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by us.

7. Limitation of Liability
a. To the fullest extent permitted by law, Pool Express shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
i. your access to or use of or inability to access or use the Website or Products;
ii. any conduct or content of any third party on the Website;
iii. any content obtained from the Website; or
iv. unauthorized access, use, or alteration of your transmissions or content.
b. Nothing in these Terms and Conditions is intended to exclude, restrict or modify any rights that you may have under the Australian Consumer Law (ACL) or any other applicable legislation which may not be excluded, restricted or modified by agreement. If the ACL applies to these Terms, our liability for any breach of a condition or warranty implied by the ACL will be limited, to the extent permitted by the ACL, to one or more of the following:
i. in the case of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and
ii. in the case of services: the supplying of the services again; or the payment of the cost of having the services supplied again.

8. Indemnification
You agree to indemnify, defend, and hold harmless Pool Express, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable solicitor’s fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

9. Privacy and Cookies
We are committed to protecting your privacy. Our use of your personal information is governed by our Privacy Policy, which includes our Cookies Policy. Please review these policies, available on our Website, to understand our practices.

10. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales.

11. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms.

12. Contact Information
If you have any questions about these Terms and Conditions, please contact us at:
Email: [email protected]