Terms of service

OVERVIEW
This website is operated by Poolside Constructions. Throughout the site, the terms "we," "us," and "our" refer to Poolside Constructions. By accessing this website and/or purchasing from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), along with any additional terms and policies referenced herein. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before using our website. By accessing or using any part of the site, you agree to these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to our store will also be subject to these Terms. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent for any minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any destructive code. A breach of these Terms will result in the immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or access to the Service without express written permission. The headings used in this agreement are for convenience only and do not limit these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon for making decisions without consulting primary, more accurate, complete, or timely sources. Any reliance on the material on this site is at your own risk. Historical information on this site is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part thereof) without notice at any time. We shall not be liable for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through our website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display colours and images of our products as accurately as possible; however, we cannot guarantee that your computer monitor’s display will be accurate. We reserve the right to limit sales of our products or Services to any person, geographic region, or jurisdiction. All product descriptions and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offers made on this site are void where prohibited. We do not warrant that the quality of any products or Services purchased will meet your expectations.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, household, or order at our discretion. This includes orders placed using the same customer account, credit card, or billing/shipping address. If we make changes to or cancel an order, we will attempt to notify you using the email and/or billing address/phone number provided at the time of order. We reserve the right to limit orders that appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases. You also agree to promptly update your account information as needed to complete transactions.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control. You acknowledge that we provide access to such tools “as is” and “as available” without any warranties or conditions of any kind. We shall have no liability arising from your use of these optional third-party tools. Any use of optional tools offered through the site is at your own risk and discretion.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and Services may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we will not have any liability for third-party materials or websites. We are not liable for any harm or damages related to the purchase or use of goods, Services, or resources from third-party websites. Please review the third-party policies before engaging in any transaction.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us certain specific submissions or without a request from us, you agree that we may edit, copy, publish, distribute, and use any comments in any medium without restriction. We are under no obligation to maintain comments in confidence or to respond to any comments. We may monitor, edit, or remove content that we determine to be unlawful or objectionable. You agree that your comments will not violate any rights of third parties and will not contain any unlawful, abusive, or obscene material.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please refer to our policy page.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
There may be information on our site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions, you are prohibited from using the site for unlawful purposes or to solicit others to perform unlawful acts. Other prohibitions include: (a) violating laws or regulations; (b) infringing on intellectual property rights; (c) submitting false information; (d) uploading viruses; (e) collecting personal information; (f) spamming or phishing; (g) using the site for obscene or immoral purposes; and (h) interfering with security features. We reserve the right to terminate your use of the Service for violating prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. The service and products provided are "as is" and "as available" without any warranties. Poolside Constructions is not liable for any injury, loss, or damages arising from your use of the Service.

SECTION 14 - INDEMNIFICATION
You agree to indemnify Poolside Constructions from any claim or demand made by any third party due to your breach of these Terms or violation of any law or rights of a third party.

SECTION 15 - SEVERABILITY
If any provision of these Terms is determined to be unlawful or unenforceable, such provision shall be enforced to the fullest extent permitted, and the remaining provisions will remain in effect.

SECTION 16 - TERMINATION
These Terms are effective until terminated by either party. You may terminate these Terms by notifying us that you no longer wish to use our Services. We may terminate these Terms if you fail to comply with any term.

SECTION 17 - ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and us, superseding any prior agreements. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms shall be governed by the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE
We reserve the right to update these Terms at any time. It is your responsibility to check for changes. Your continued use of the website following any changes constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
For questions about the Terms of Service, please contact us at:
Email: info@poolsideconstructions.com.au
Phone: 0456 416 530

Policies

Our warranty is aligned with our suppliers' policies, and the terms are outlined below. Please note that these terms may change over time, so it’s essential to stay updated.

Warranty for Goods:

  1. Customer Rights: The Supplier warrants that the Customer’s rights and remedies arising from a warranty against defects are in addition to any other rights and remedies available under applicable law concerning the goods and services covered by the warranty.
  2. Liability Exclusions: The Supplier does not restrict, modify, or exclude any liability that cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any related legislation or regulations, as amended from time to time.
  3. Defect Reporting: The Customer must report any defects in the supplied Goods within fourteen (14) days from the date the defect became apparent. Timely reporting is essential.
  4. Consumer Guarantees: Our goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for major failures and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if they are not of acceptable quality and the failure does not amount to a major failure.
  5. Additional Costs: The Customer acknowledges that any additional costs incurred, such as labour or freight, will be the responsibility of the Customer.
  6. Limitations on Liability: If the Goods and Services are not ordinarily acquired for personal, domestic, or household use, the Supplier’s liability for a consumer guarantee under the Australian Consumer Law is limited to, at the Supplier’s discretion:
    • 1.6.1. The resupply of the Goods and Services.
    • 1.6.2. The payment of the cost of providing the Goods and Services again.

Claims Made Under Warranty:

  1. Claim Procedures: Subject to clause 1.2, warranty claims should be made in one of the following ways:
    • 1.7.1. Send a written claim with proof of purchase to the Supplier’s business address.
    • 1.7.2. Email the claim along with proof of purchase and photos to info@poolsideconstructions.com.au.
    • 1.7.3. Call or text 0456 416 530, the direct number to the owner.
  2. Condition of Goods: Goods for which a claim is made must be returned to the Supplier or retained in the same state and condition in which they were delivered until the Supplier or its agent has inspected them. This inspection will be conducted within a reasonable time after notification.
  3. Exclusions on Claims: The Supplier will not accept claims for damaged or defective Goods or for Goods returned if the Customer has not maintained proper care of the delivered Goods.
  4. Return Location: Goods must be returned to the Supplier's location from where they were originally purchased.