E-Commerce / Online Shop
Poolwerx Ecommerce Terms and Conditions
The terms and conditions set out below (Ecommerce Trading Terms) apply to all orders for products placed through the Poolwerx online platform (Poolwerx Platform). The use of the Poolwerx Platform is governed by these Ecommerce Trading Terms.
The Poolwerx Platform is operated by Poolwerx Corporation Pty Ltd ABN 94 061 535 493 (Poolwerx Corporation, Us, We) as a digital marketplace. Transactions that are processed through the Poolwerx Platform will be a contract for sale directly with the relevant Poolwerx franchisee responsible for fulfilling the order (Relevant Franchisee).
Poolwerx Corporation will process the order, including taking payment (via a secure third party payment provider), as agent for the Relevant Franchisee. The Relevant Franchisee will be responsible for fulfilling your order, including any consumer guarantees and warranty claims relating to the products that you order. Poolwerx Corporation is not the seller and is not responsible for supplying or installing any products that you 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 Poolwerx Platform or placing an order through the Poolwerx Platform.
1 ACCESSING THE POOLWERX PLATFORM
1.1 You may browse the Poolwerx Platform and submit orders as a guest, or create a user account (Account) by clicking on the registration link or when submitting an order.
1.2 If you create an Account, you will provide your details (including your payment details) which We will store on your Account or with our secure third party payment provider to make it easier for you to submit future orders.
1.3 To create an Account or submit an order, you must be at least 18 years of age and placing the order from within Australia. By creating an Account or submitting an order, 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 via the Poolwerx Platform by using two methods:
(a) In-Store Collection, for orders which are to be collected from the Poolwerx store selected by you at the time you place the order (Collection Ordering); or
(b) Delivery, for orders which are to be delivered within any Poolwerx service area (Delivery Ordering).
2.2 Delivery Ordering is not available for all locations or regions. If your delivery location is not within a Poolwerx service area, you will not be able to request Delivery Ordering. If you select Delivery Ordering, you are not able to select which Poolwerx franchisee fulfils your order.
2.3 To place an order via the Poolwerx Platform for Collection Ordering, you will be required to specify:
(a) the products that you want to order (Ordered Products);
(b) the Poolwerx store at which you will collect your order (Designated Store);
(c) your payment information; and
(d) any other details We require to finalise your order.
2.4 To place an order via the Poolwerx Platform for Delivery Ordering you will be required to specify:
(a) the Ordered Products;
(b) the delivery address, which must be within a Poolwerx service area;
(c) your payment information; and
(d) any other details We require to finalise your order.
2.5 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, which includes referring the order to the Designated Store for fulfilment.
2.6 We reserve the right to refuse an order on any reasonable grounds, including temporary or indefinite unavailability of stock.
3.1 The prices published on the Poolwerx Platform at the time an order is placed will apply to the Ordered Products and supersede all prior representations or indications of price.
3.2 Although We take all reasonable care to ensure that the information on the Poolwerx Platform is accurate, you irrevocably waive your right to make any claim against Us for any error or omission regarding any displayed pricing information to the extent that it is inconsistent with the price displayed at the time your order is placed.
3.3 All prices stated on the Poolwerx Platform are inclusive of GST but exclude any delivery or installation fees (if applicable) and any merchant or transaction fees (if applicable).
3.4 The Poolwerx 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 which is not able to be claimed via our Poolwerx Platform, please call one of our Poolwerx stores directly to place a telephone order.
3.5 In-store promotions may not be available for orders placed via the Poolwerx Platform.
3.6 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 Poolwerx Platform or any other error or omission which is outside the reasonable control of Poolwerx Corporation.
4.1 You must pay for the Ordered Products at the time of submitting 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 Poolwerx Corporation or the relevant Poolwerx franchisee by a third party payment gateway or credit card provider will be included in the final price charged to you.
4.4 If Poolwerx Corporation 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 Poolwerx Corporation (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 Us, or by any Poolwerx franchisee, to supply the ordered Product to you.
5.2 An order will only be accepted once it has been referred to the Relevant Franchisee and an invoice for the order has been issued to you by the Relevant Franchisee.
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 the Relevant Franchisee directly. The details of the Relevant Franchisee will appear on your invoice and can be provided to you by Us on request.
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 the Relevant Franchisee is unable to fulfil your order due to unforeseen circumstances, or if one of the products is out of stock or no longer available, the Relevant Franchisee may contact you to cancel or vary your order.
7.2 The Relevant Franchisee will endeavour to contact you before the collection or delivery date.
7.3 In such a case, the Relevant Franchisee 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 the Relevant Franchisee deems appropriate.
7.4 Any approved refunds will be handled by the Relevant Franchisee.
8 COLLECTING YOUR ORDER
8.1 For orders placed via Collection Ordering, the Relevant Franchisee will contact you to notify when the Ordered Products are ready to be collected.
8.2 Please arrive at the Designated Store at or around the time that has been arranged and let a member of staff at the Designated Store know the name attached to the order. If you fail to collect the Ordered Products within a reasonable period after the date and time that was arranged for collection, the relevant Poolwerx franchisee may (in its discretion) charge you for any costs incurred by that franchisee in connection with storing the Ordered Product (on a no-liability basis) until it is collected by you.
8.3 Risk in Ordered Products passes to you at the earlier of (i) the designated time for collection or (ii) the time specified in clause 14.
8.4 To collect your order, a member of staff at the Designated Store will require you to present your order confirmation or appropriate identification that matches your order. Another person may collect an order on your behalf provided that you notify the Poolwerx franchisee, in advance, of the full name of that person and that person provides current photographic identification at the time of collection.
9.1 Delivery is available during store business hours, Monday to Friday. Delivery on Saturday or outside business hours is at the discretion of the store and their availability, and may incur additional delivery charges.
9.2 Delivery is not available on Sundays and Public Holidays.
9.3 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.
9.4 Delivery is free on orders over $100.00 where the delivery occurs during store business hours, Monday to Friday. Delivery fees for orders below $100.00 and for delivery on Saturday or outside business hours is at the Relevant Franchisee’s discretion.
10 REFUNDS AND RETURNS
10.1 In accordance with both State and Commonwealth law, all refunds rights apply.
10.2 Products ordered through the Poolwerx Platform come with guarantees that cannot be excluded under the Australian Consumer Law.
10.3 As Poolwerx Corporation is merely providing a marketplace and acting as agent for the Relevant Franchisee, all refunds and returns must be managed directly with the Relevant Franchisee.
10.4 The Relevant Franchisee 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).
10.5 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 the Relevant Franchisee will compensate you for any decrease in the value of the product which is attributable to the major problem.
10.6 If the problem is not major, the Relevant Franchisee will repair the item within a reasonable time. If it is not repaired in a reasonable time, you can choose a refund or replacement.
10.7 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 the Poolwerx Platform, it will be at the Relevant Franchisee’s discretion as to whether they provide a refund or replacement.
10.8 In some instances, the Relevant Franchisee may elect to return the product to the manufacturer’s repair agent to determine the nature of the problem.
10.9 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.
10.10 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.
10.11 All other implied conditions and warranties in relation to the products to be supplied by the Relevant Franchisee are excluded to the maximum extent permitted by law.
11 RETURNING OF PRODUCTS AND SHIPPING
11.1 Due to the nature of the products that the Relevant Franchisees sell, shipping your return might not be possible. You may need to return the product to the Relevant Franchisee at your own cost.
11.2 In some instances, the Relevant Franchisee may be able to come to you. A call out fee may applicable in these circumstances. Please call the Relevant Franchisee to you to confirm whether this is possible and whether a call out fee applies.
12 LIMITATION OF LIABILITY
12.1 To the maximum extent permitted by law, and subject to clause 10 above, Poolwerx Corporation excludes, for itself and for any Relevant Franchisee 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 Poolwerx Corporation, its franchisees, servants or agents and any supplier of products ordered by you.
12.2 In any event, Poolwerx Corporation will not be liable for any claim for loss of profits or consequential damages.
12.3 The liability of Poolwerx Corporation 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.
13 PURCHASE OF CHLORINATOR – POSSIBLE RUSTING OF POOL STRUCTURE
13.1 Poolwerx Corporation expressly discloses and you confirm receiving prior notice from Poolwerx Corporation that in some instances chlorinators have caused rusting of pool structures. You acknowledge that rusting occurs for reasons completely beyond the control of Poolwerx Corporation and the Relevant Franchisee and is not a fault in the product.
13.2 Purchase of the chlorinator is made by you on the express understanding that Poolwerx Corporation and the Relevant Franchisee will not be responsible for any rusting of the pool structure which subsequently may occur and you release Poolwerx Corporation and the Relevant Franchisee from any loss or damage or claim arising out of or in relation to the rusting of your pool caused by the chlorinator purchased.
14 RISK AND OWNERSHIP OF PRODUCTS
14.1 Risk in all Ordered Products supplied in accordance with these Ecommerce Trading Terms passes to you when the products are delivered to you, or collected by you.
14.2 Ownership of all products delivered to you remains with the Relevant Franchisee until payment is made for the products. You hold all Ordered Products delivered to you as fiduciary bailee for the Relevant Franchisee 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).
15 FITMENT AND INSTALLATION
15.1 Some products require installation by a Poolwerx 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 Poolwerx Corporation.
15.2 Products that require installation in order to qualify for enhanced warranty protection will be specified on the Poolwerx 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.
15.3 You will need to contact the Relevant Franchisee to arrange for installation of any products that you order that require installation. Any fees payable for installation will be payable directly to the Relevant Franchisee.
15.4 The Price for the products quoted on the Poolwerx Platform does not include any fees associated with the installation of the products by a Poolwerx technician.
16 NO RESALE OR THIRD PARTY PROVIDERS
16.1 The Poolwerx Platform is only open for orders made on a direct to customer basis. You must not resell or resupply any products ordered via the Poolwerx Platform to a third party.
16.2 We may refuse, without any refund, any order submitted via the Poolwerx Platform which We reasonably believe has been made by or through a third party provider.
17.1 Poolwerx franchises are generally owned and operated by independent franchisees, although some may be operated by Poolwerx Operations Pty Ltd from time to time.
17.2 Poolwerx Corporation accepts the order and processes your payment as an agent for the Relevant Franchisee but is not liable to you for fulfilment of the order, nor for installation of any products or compliance with any warranties or consumer guarantees.
17.3 The Relevant Franchisee will be responsible for supplying the products and We accept no liability and make no warranties or representations regarding the products or services provided by the franchisee.
17.4 If you have any concerns about the conduct of a Relevant Franchisee, you may contact Poolwerx Corporation and We may provide assistance when dealing with the Relevant Franchisee.
18 YOUR INFORMATION
18.1 When you place an order via the Poolwerx 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).
19 SUSPENSION OR TERMINATION
We may suspend or disable your Account, your right to access the Poolwerx Platform or your right to submit orders, at any time and for any reason.
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 Poolwerx Platform. If you do not agree with the revised terms, you must immediately stop using the Poolwerx Platform and delete your Account (if applicable).
- The client will make payment for all Goods or services supplied upon delivery of the Goods or completion of the services.
- Variation of payment terms may only be by written agreement between Poolwerx and the client.
- Where Goods or services are provided on credit, payment must be made within the time agreed between Poolwerx 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 Poolwerx 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.
Warranty for Products
- All implied conditions and warranties in relation to the Goods to be supplied by Poolwerx are excluded to the maximum extent permitted by law, to the extent that so far as legally possible these Conditions will comprise the entirety of both Poolwerx’ and the clients’ rights and obligations.
- Subject to any non-excludable rights conferred on the client by law, if the client wishes to make a claim in respect of a warranty or any other claim in respect of the Goods, the client must give written notice of the claim to Poolwerx within 14 days of delivery of the Goods, time being of the essence. Poolwerx is not liable for any claim if the client does not comply with this time limit.
- Poolwerx assigns all of its interest or benefit in any manufacturers warranty in respect of the Goods to the client upon receipt of full payment for the product.
Limitation of liability
- To the maximum extent permitted by law, Poolwerx excludes, for itself and for any supplier all liability for all claims, expenses, losses, damages and costs made against or incurred or suffered by the client directly or indirectly (including without limitation lost costs and profits) arising out of:
- the client’s use or misuse of any Goods supplied;
- the negligence of Poolwerx, its servants or agents and any supplier of Goods in the supply of Goods and services to the client.
- Poolwerx’ liability to arising from the delivery of any defective Goods or Goods which do not comply with any warranty implied by law, or any other claim is limited to any one or more of the following (at Poolwerx’ option):
- replacement of the Goods or the supply of equivalent goods;
- payment in lieu of replacing the goods or acquiring equivalent goods;
- repair of the Goods; or
- payment in lieu of having the Goods repaired.
- In any event, Poolwerx will not be liable for any claim for loss of profits or consequential damages.
- The liability of Poolwerx to the client for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that the client caused or contributed to that loss or damage.
Purchase of chlorinator – Possible rusting of pool structure
- Poolwerx expressly discloses and the client confirms receiving prior notice from Poolwerx that in some instances chlorinators have caused rusting of the pool structure. The client acknowledges that rusting occurs for reasons completely beyond the control of Poolwerx.
- Purchase of the chlorinator is made by the Client on the express understanding that Poolwerx will not be responsible for any rusting of the pool structure which subsequently may occur and the client releases Poolwerx from any loss or damage or claim arising out of or in relation to the rusting of the client’s pool caused by the chlorinator purchased.
Risk and ownership of Goods
- Risk in all Goods supplied passes to the client when Goods are delivered to the client.
- Ownership of all Goods delivered to the Client remains with Poolwerx until payment is made for the Goods. The Client holds all Goods delivered to the Client as fiduciary bailee.
Repossession of Goods where full payment has not been received
- If the client fails to pay for the Goods on the due date, the client irrevocably authorises Poolwerx to enter the client’s premises (or any other premises under the client’s control if the Goods are stored at such premises) and use reasonable force to retake possession of the Goods without liability for trespass or any resulting damage.
- The client agrees to indemnify Poolwerx and keep Poolwerx harmless for all claims by causes of action which may arise by Poolwerx retaking possession and the client agrees to pay Poolwerx’ costs of retaking possession. Poolwerx will be entitled but not obligated to resell any Goods repossessed pursuant to the provisions of this clause.
Re-performance of service
- If the client is not satisfied with the service performed by Poolwerx and notifies Poolwerx within 7 days of the service being performed, Poolwerx will repeat the service at no additional cost to the Client.
Personal Property Securities Act 2009 (PPSA)
- The client acknowledges that these Conditions constitute a security agreement for the purposes of Section 10 of the PPSA which creates a security interest in favour of Poolwerx in all the Goods previously supplied (if any) and all Goods supplied thereafter by Poolwerx to the client to secure the payment from time to time and of all money owing by the client to Poolwerx.
- The client acknowledges and agrees:
- that by agreeing to these conditions, the client agrees to grant a security interest (by virtue of the retention of title clause) to Poolwerx in respect of all Goods previously supplied (if any) and all Goods supplied thereafter by Poolwerx to the client and these conditions will apply notwithstanding anything express or implied to the contrary contained in the any other agreement or document.
- the client agrees that the security interest granted to Poolwerx is a “purchase money security interest”, as that term is defined in the PPSA.
- The client undertakes to:
- sign any further documents and/or provide any further information (which information the client warrants to be complete, accurate and up-to-date in all respects) which Poolwerx may reasonably require to enable registration of a financing statement or financing change statement on the Personal Property Securities Register (PPSR);
- not register a financing change statement as defined in Section 10 of the PPSA or make a demand to alter the financing statement pursuant to section 178 of the PPSA in respect of the Goods without Poolwerx’ prior written consent;
- give Poolwerx not less than 14 days prior written notice of any proposed change in the client’s name and/or any other changes in the details (including but not limited to facsimile number, email address, trading name or business practice);
- pay all costs enforcing or attempting to enforce the security interest created by these conditions including executing subordination agreements; and
- do all things necessary to assist Poolwerx in perfecting its security interest.
- Pursuant to Section 157 of the PPSA, unless otherwise agreed in writing by Poolwerx, the client waives the right to receive a verification statement in respect of any financing statement or financing change statement relating to the security interest.
- To the maximum extent permitted by law, the client waives the client’s rights under sections 95, 96, 125, 121(4), 130 (1)(a), 132(1), 132(3)(d), 132(4), 134(2)(a), 135, 140(2)(f), 142 and 143 of the PPSA.
- For the purposes of section 125 of the PPSA the client agrees that a “reasonable period” will not mean less than 12 months regardless of the circumstances.
- All terms used in clauses 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24, unless otherwise provided, have the same meaning as given to those terms in the PPSA.
Conditions means these terms and conditions of sale including any amendment or variation.
Goods means goods supplied by Poolwerx to the client.
Poolwerx includes Poolwerx Corporation Pty Ltd, Poolwerx NZ Pty Ltd, its franchisees, servants, agents and contractors.