My Quote

Mini Cart

DEPARTMENTS

Terms and Conditions

Definitions and Interpretation

In these Terms and Conditions (“Terms and Conditions”);

“PoolSpot”, “We”, “Us”, “Our”, “The Company” means Ozeshops Pty Ltd (ABN 54 607 452 666), currently carrying on business under the trading name of “PoolSpot” and will include other trading names, divisions or subsidiaries from time to time of Ozeshops Pty Ltd and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors;

“Contract” means the contract for the supply of Products resulting from the acceptance by the Seller of an Order;

“Customer”, “You” means any person who enters into a Contract with the Seller for the sale and purchase of Products and includes the Customer’s permitted assigns, successors, employees, servants and agents;

“Loss” means any damage, loss, liability, expense or cost whether direct or indirect, consequential or incidental;

“Order” means an order placed by an intending Customer with the Seller for the supply of Products;

“Price” means, unless the contrary intention appears, the Price for which a Product (or Products) is sold pursuant to the Terms and Conditions and is the amount payable by the Customer, inclusive of any GST payable by the Seller, in respect of the sale.
“Products” means all products supplied or to be supplied by the Seller from time to time and includes (but is not restricted to) services such as delivery, labour, service and installation charges.

 

Website and Application Usage

Introduction

These terms and conditions govern your use of our website, application, sub-pages, sub folders, hosted content, documents or code; by using these, 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.

      1. Use of Cookies

        1. PoolSpot utilises cookies and tracking on the website and applications. By using these, you consent to the use of cookies. Please refer to our privacy policy for more information.

      2. Acceptable Usage

        1. You must not use the website, application, sub-pages, sub folders, hosted content, documents and code in any way that may cause damage, impair availability or accessibility.

        2. You must not use the website, application, sub-pages, sub folders, hosted content, documents and code in a way that is unlawful, illegal, fraudulent, harmful or in connection with any unlawful, illegal, fraudulent, harmful activity.

        3. You may print, cache or take static screenshots of this website or application for your sole personal usage for the purposes of ordering or conducting business with PoolSpot.

        4. You must not republish, edit, reproduce, replicate, duplicate, redistribute, sell, rent, sub-licence or show in public, any material from the website, application, sub-pages, sub folders, hosted content, documents or code, by any medium, without the express permission of PoolSpot.

        5. The website, application, sub-pages, sub folders, hosted content, documents and code are of a commercial nature and may not be used or exploited by any company or individual who is a direct competitor, director, shareholder, or affiliate of a direct competitor (except with the written consent of PoolSpot).

        6. You must not use the website, application, sub-pages, sub folders, hosted content, documents or code in any way to commercially benefit you, or a third party.

      3. Restricted Access

        1. PoolSpot may restrict access to certain areas of the website or application. PoolSpot reserve the right to restrict access to other areas of this website, or indeed this entire website, at our discretion.

      4. User generated or third party content

        1. You warrant that the User-Generated Content and your use of the User-Generated Content in the Forum:

          1. Complies with all Applicable Laws;

          2. Is not obscene, indecent, unsuitable for minors, excessively violent, false, misleading, deceptive, fraudulent or defamatory;

          3. does not infringe any intellectual property rights or other rights of any entity or person;

          4. Does not include pornography, nudity, adult sexual content or any sex-related merchandising;

          5. Is not damaging to PoolSpot’s servers or any other servers on the internet;

          6. Does not contain any promotional material or advertising for commercial purposes or personal financial gain;

          7. Does not advertise used goods or seek to purchase used goods from other Members;

          8. Does not include material or resources relating to hacking/phreaking, viruses, anarchy, or that promote or participate in wilful harm to Internet sites or providers.

        2. Definitions

        3. Not endorsing or responsible for third-party content - if it infringes another's IP

        4. Not responsible for content that may offend

        5. Release of content for use - automatic royalty-free license to publish, distribute etc.

        6. No content that is illegal/unlawful/copyright/slanderous/subject to legal proceedings/defamatory

        7. Right to moderate and remove content

      5. Links to Third Party Websites

        1. Not responsible for third-party content

        2. Third-party advertising - not responsible for links

      6. Content Indemnity/Liability

        1. No guarantee of information being complete, true, accurate

        2. Pictures from manufacturers may differ from product

        3. Does not constitute advice

        4. No liability for actions based on advice/content

      7. Breach of Terms and Conditions

        1. Without prejudice to PoolSpot’s other rights under these terms and conditions, if you breach these terms and conditions in any way, PoolSpot may take such action as PoolSpot deems appropriate to deal with the breach, including, but not limited to:

          1. Suspending or terminating your access to the website or application

          2. Prohibiting you from accessing the website or application

          3. Blocking computers using your IP address from accessing the website or application

          4. Bring civil/legal proceedings against you

          5. Reporting to the relevant authorities of unlawful, fraudulent or criminal behaviour

Sales Terms

    1. Prices

      1. Prices are inclusive of the 10% Australian Goods and Services Tax (GST) and are in Australian dollars (AUD) unless otherwise stated.

      2. Advertised prices do not include any applicable delivery, freight, or installation charges.

      3. Prices are subject to change without notice.

      4. Where a Recommended Retail Price (RRP) is shown, the RRP is provided by the supplier or manufacturer and is a recommended selling price only and is provided and published as as a comparison price only.

      5. To the maximum extent permitted by law, PoolSpot disclaims any warranties to the completeness or accuracy of the RRP.

      6. Any goods or services described or listed on this website are available to order online, in-store or available to be professionally installed unless stated otherwise.


    1. Quotations and Ordering

      1. Sales quotations / proposals from PoolSpot, whether they be made in writing or verbally, are valid for 10 days from the date they were issued.

      2. Representations of products and/or services for sale made by PoolSpot via a written or verbal quote, advertised in print media or on the website, or by email, live chat or any other electronic medium, do not constitute an offer to sell but an invitation to treat.

      3. The customer and PoolSpot may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:

      4. Using the checkout to place an electronic order for the products using the website;

      5. The customer confirming the order details in accordance with the procedure on the website;

      6. You making payment in full (plus any applicable delivery charges) on the website; and

      7. The acceptance of that offer by PoolSpot.

      8. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell.

      9. Verification of Identity information may be required prior to the acceptance of any order as a fraud mitigation measure.

      10. PoolSpot reserve the right, without notification, to limit the order quantity on any item and/or refuse service to any customer.

      11. PoolSpot may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your order.

      12. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

    2. International Orders

      1. As PoolSpot is based in Australia, by default we charge you for your order in Australian dollars. The actual price charged to international customers will be subject to the exchange rate applied by the customer's credit or debit card company. We can sometimes provide a quote in your local currency which is the value of the order in your local currency at that point in time. Foreign currency quotes are only valid for the same business day of the quotation.

      2. Items exported from Australia are free of the Australian 10% GST. All prices listed on our website include the 10% Australian GST in the price.

      3. The freight price for international orders is on application.

      4. Please note that international orders may incur tax, customs charges and/or duties once the parcel reaches its destination port. These must be paid by the recipient to the relevant agency or its authorised service provider. We are not responsible for and will not reimburse any of these tax, charges or duties.

  1. Services

    1. General Service Terms

      1. PoolSpot endeavours to provide the service faithfully, diligently and in a
        timely and professional manner.

      2. The customer gives PoolSpot authority to access and enter the site for the purpose of service provision.

      3. The customer will inform any required third parties, including but not limited to property managers, owners or tenants of this authority.

      4. The customer will grant disclosure to the necessary third parties necessary for the service provision.

      5. The customer will provide the PoolSpot team member with access to all services and utilities (including water, electricity, and rubbish bins) as required by the PoolSpot team member to provide the service.

      6. The customer will provide a safe working environment at the site for PoolSpot staff to perform the service.

      7. The customer will disclose any hazards, risks or dangers upon booking a service, or to a PoolSpot technician upon arrival on site.

      8. The customer undertakes that all details provided to us are true and accurate.

      9. PoolSpot will endeavour to notify the customer before the scheduled visit.

      10. Multiple site visits may be required to complete the service.

      11. Should the customer require any changes to the day or time of a scheduled service, the customer must contact PoolSpot by phone conversation with a PoolSpot employee.

      12. The service contract is with the customer, and as such, service works cannot be cancelled, altered or rescheduled by any person acting on behalf of the customer without their prior consent.

      13. Should the customer require any additional service work or variations at the time of the service, the customer must first contact PoolSpot in writing or by phone conversation with a PoolSpot employee, who may agree to provide the additional services at an additional cost in its absolute discretion.

    2. General Maintenance Services

      1. Any parts, accessories or chemicals required are in addition to the service charge.

      2. The PoolSpot technician may use existing chemicals and/or pool accessories that are in plain sight of the pool area unless requested otherwise.

    3. Installation and Repair Services

      1. Installation services are quoted as a standard flat fee that is an estimate only and is generally suitable for most residential pool sizes and setups with existing pool equipment. This is known as a “standard install”.

      2. A “standard install” includes 40mm or 50mm PVC pipe and plumbing fittings (excludes check, non-return, 2 way and 3 way valves).

      3. Additional charges may apply if the pool is outside the scope of the standard quoted service fee. For example, if the pool is newly completed and with no plumbing, in a confined space or otherwise and requires considerably more labour hours. PoolSpot will advise if this is the case upon arrival at the site.

      4. If on arrival we notice the product/s to be installed are unsuitable, unfit for purpose or incompatible for use with the existing equipment on site, PoolSpot will notify the customer and suggest an alternative. Any difference in price is to be paid by the customer.

    4. Cancellation, Futile and Incomplete Work

      1. PoolSpot reserve the right to charge a fee if we cannot gain access to the property to perform the service.

      2. The customer may cancel a service at any time with more than 24 hours prior to the scheduled service visit.

      3. Cancellations must be made in writing, or by phone conversation with a PoolSpot employee.

      4. Cancellations with less than 24 hours notice may incur the original service charge, or a cancellation fee, whichever is the greater.

      5. In addition to the service charge or cancellation fee, cancellations with less than 24 hours notice may also incur costs for any additional physical products (accessories, chemicals, parts) that were consumed if the service was completed.

      6. PoolSpot may cancel the service at any time, for the following reasons, for which the customer may still be liable for any service costs:

        1. It is unlikely PoolSpot will achieve the customer’s desired result.

        2. It is outside the scope of what was described or detailed in the original service request.

        3. There are unacceptable safety hazards, risks or dangers on site.

        4. Any unlawful, illegal, fraudulent or harmful activity on site.

        5. For any other reason, or no reason.

      7. Should PoolSpot advise the customer against performing certain work, but the customer decided to proceed anyway, PoolSpot will not be held liable for any loss, damages as a result of, or any further work to rectify the problem.

      8. Should the site need further work, the customer remains liable for any service charges and/or products consumed up until the completion of the originally described job.

      9. Should the service be cancelled by either party subsequent to the commencement of the job, but prior to completion of the job, the customer remains liable for any service charges and/or products consumed up until the job was cancelled.

    5. No engagement of staff

      1. The customer acknowledges that PoolSpot invests significant resources in recruiting, selecting and training its staff. Unless PoolSpot gives prior written permission, the customer must not, directly or indirectly, engage, employ or contract with any PoolSpot staff or contractors to provide services to the customer or any associate of the customer for any period during which services are provided by PoolSpot, or for a period within 12 months after the conclusion of any service.

      2. The customer acknowledges that PoolSpot may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the customer. If you would like to hire a present or past PoolSpot team member for any service outside of your agreement with PoolSpot, our referral fee is $500.  All team members of PoolSpot are under a non-compete contract for a period of one year.

  2. Repair Work

    1. The repair of goods may result in the loss of any user-generated data. The customer is to ensure that they have made a copy of any data saved on the device to be repaired.

    2. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired.

    3. Refurbished parts may be used to repair the goods.

  3. Payments

    1. The customer will make payment upon delivery or completion, or if required,  before delivery or completion or otherwise within the payment term as agreed.

    2. The customer shall make all payments without any deduction, counterclaim, discount, abatement or otherwise.

    3. All payment amounts and/or payment terms may not be amended unless stated in these Terms and Conditions, the relevant invoice or statement, or by written agreement between the customer and PoolSpot.

    4. Interest is payable where your account is overdue and/or outside the agreed payment term, calculated on a daily basis at the rate of 1.5% per month from the due date of payment until payment is received by PoolSpot.

    5. In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.

  4. Dispatch and Delivery

    1. If ordering via our website, or any other electronic method, please enter your address details carefully. PoolSpot will endeavour to check addresses if they look incorrect. PoolSpot does not accept responsibility for deliveries made to incorrect addresses as a result of user or customer error.

    2. The customer can request a change to the delivery location prior to dispatch of the parcel or freight.

    3. Dispatch times may vary according to availability of the products and the physical attributes of the products ordered.

    4. If the customer wishes to collect an item in store, PoolSpot will notify the customer when the order is ready for collection.

    5. PoolSpot will endeavour to notify the customer as soon as possible where an ordered product is out of stock, unavailable or backordered and will attempt to find a replacement product or offer a refund.

    6. Special order products are not kept in stock by PoolSpot and are not available for immediate delivery or pickup and may be sent directly from the supplier to the customer. As such, PoolSpot relies on the information provided by the supplier in terms of the expected delivery timeframe.

    7. All risk in any goods ordered by the customer will be deemed to pass to the customer from the time the goods are loaded or delivered by the supplier or PoolSpot to a courier or carrier consigned to the customer, or picked up directly by the customer.

    8. PoolSpot will endeavour to assist, but accept no liability for:

      1. Lost or damaged parcels or freight.

      2. As 7.4.1, where the parcels or freight accepted or signed for by a third party on your behalf.

      3. As 7.4.1, where the parcels or freight where the customer has requested the parcels or freight be left on the premises, otherwise known as an “Authority to Leave”.

      4. The accuracy of and any loss or damages as a result of the estimated transit times provided by the carrier.

    9. PoolSpot recommends that you take out insurance on your order if it is to be delivered by post or courier.

    10. Depending on the nature, size and cost of the goods, you can obtain transit/freight insurance for the goods through our freight agent, Temando Pty Ltd by electing to purchase “QBE Parcel Protect” insurance or by the freight carrier directly.

    11. This option is available on an opt-in basis when selecting delivery options when ordering online via our website, or it can be added to an order at an additional cost to the customer, so long as that order has not already been dispatched.

    12. If the freight has been insured with Temando and the need to make an insurance claim arises, your claim is against QBE Insurance through Temando Pty Ltd. Instructions can be found by visiting temando.com.au and finding the “contact us” page and selecting “Insurance Claim” from the drop down menu.

    13. If your freight has been insured with the carrier directly, your claim is through the carrier.

  5. Warranties, Guarantees and Refunds

    1. You may be able to make a claim under our Refund, Returns, Repair and Warranty Policy.

    2. All goods and services sold come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). The customer is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The customer is also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.

    3. Consumer guarantees cannot be excluded and are in addition to any extended warranty the customer may purchase or any voluntary warranty (warranty against defects) the customer is given.

    4. PoolSpot applies the following guarantees to physical products:

      1. The goods are of acceptable quality and safe usage.

      2. They are fit for the particular purpose as described by the customer.

      3. The products match the description provided by a salesperson, in advertising, or on packaging.

      4. They match the sample or demonstration model.

      5. That the Manufacturer's Express warranties will be honoured.

      6. That spare parts and repair facilities will be available for a reasonable time after purchase.

      7. That full title, undisturbed possession and that there are no undisclosed securities on the goods.

      8. This clause is not intended to exclude or limit any rights which may be available to the customer under the ACL.

    5. PoolSpot applies the following guarantees to services including:

      1. The services are provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage.

      2. The services are fit for the purpose or give the results that the customer and the business had agreed to.

      3. The services will be delivered within a reasonable time when there is no agreed end date.

      4. This clause is not intended to exclude or limit any rights which may be available to the customer under the ACL.

    6. Consumer guarantees do not apply if:

      1. The customer got what was asked for, but simply changed their mind, found it cheaper elsewhere, did not like the product or found no use for the product.

      2. The product has been misused in any way that caused the problem or fault.

      3. The customer knew or was made aware of the fault with the product at the time of purchase.

      4. Asked for a service to be done in a certain way against the advice of the business or were unclear about what you wanted.

      5. This clause is not intended to exclude or limit any rights which may be available to the customer under the ACL.

  6. Title

    1. Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.

  7. Privacy and Personal Information

    1. If necessary or appropriate, we may disclose your personal information by law, legal proceedings, litigation, subpoenas, law enforcement or other issues of public importance.

  8. Force Majeure

    1. PoolSpot will not be liable for failing to perform, or delaying its obligations under these Terms and Conditions as long as the failure is triggered by something beyond its reasonable control, including but not limited to any natural disaster, or loss of essential services such as electricity, telephone and/or internet service, bank payment systems and postal or courier deliveries. This clause does not excuse payment of monies due.

  9. Governing Law

    1. These Terms and Conditions will be governed by, and must be construed in accordance with the laws of the state of Queensland, Australia.

Poolspot /
Camp Hill Marketplace, 17 Samuel St Camp Hill, QLD, 4152 Australia 4152 Australia Camp Hill Marketplace, 17 Samuel St Camp Hill, QLD, 4152 Australia
+61 7 3124 0258 info@poolspot.com.au