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Pool and Outdoor

Terms & Conditions

THE POOLANDOUTDOOR.COM.AU WEBSITE IS OPERATED BY P.B & G.M Towle PTY LTD

ABN 84 819 938 870

TERMS AND CONDITIONS OF USE FOR POOLANDOUTDOOR.COM.AU

Thanks for visiting our website. Please read the terms and conditions of use below.

Terms and conditions of use are subject to change at any time.

Your Use of this Website is Governed by These Terms and Conditions. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you cannot place orders on this website.

Please review these Terms and Conditions. When you use this website you agree to follow these terms and conditions and to be bound by them. If you do not agree with any of these Terms and Conditions, please do not use the poolandoutdoor.com.au website.

These Terms and Conditions may Change at any time. In these Terms and Conditions "we" and "us" mean P.B & G.M Towle Pty Limited ABN 84 819 938 870, and "you" means you the customer.

These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.

To the extent permitted by law, P.B & G.M Towle Pty Limited does not accept any liability for any damage or injury caused by the use or misuse of products purchased from us.

This entire website, it's content, our logos, text, buying guides, our in house photos, videos, indexes, and unique method of presenting products are copyright 2010 poolandoutdoor.com.au

We reserve the right to UPDATE or modify these Terms and Conditions at any time without notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.

The Content of this website in it's entirety, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you  only use these copies of the Content for your own personal, non–commercial use, you do not copy or post the content on any network computer or broadcast the Content in any media.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. P.B & G.M Towle Pty Ltd reserves complete title and full intellectual property rights in any Content you download from this website.

You may not copy, reproduce, modify, publish, distribute, transfer or create derivative works from the Content without first obtaining written permission from P.B & G.M Towle Pty Ltd.

PAYMENTS

Your Privacy & online security is paramount and we have the latest technologies policies and procedures to ensure that all personal information is handled sensitively, securely and in accordance with the National Privacy Priciples.

All our payment, registration & login pages are encrypted as they are sent over the internet using the 2048-bit encryption technology.

If you purchase a product or service from us, we request certain personally identifiable information from you on our order form. You must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

We do not store your credit card details and we will take all reasonable steps to protect your personal information from misuse, loss or from unauthorized access, modification or disclosure. Credit card transactions with us are processed by a third party merchant provider. When using your credit card in transactions with us, your details are protected by a secure data encryption process through 2048 bit SSL encryption. This process is identified by a padlock symbol appearing on the page when submitting your details. We are compliant with the Payment Card Industry Data Security Standards (PCI DSS) in our dealings with your credit card data. You can view more information regarding PCI DSS

All Australian purchases for Australian & overseas delivery on poolandoutdoor.com.au include GST at the current rate of 10%

International purchases and delivery are not subject to GST.

Please check destination country law to check if the item you are purchasing is forbidden or banned.

We take no responsibility for goods ordered that are held in customs or returned to us from customs.

You may be required to provide further identification for additional security reference checks. If this need arises we often contact customer both by email and phone.

We accept PayPal, Visa, MasterCard, & bank transfer.

We cannot process your payment untill we receive the information we need as specified in the checkout.

Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.

Business days are Monday through Friday, excluding NSW Public holidays.

We process credit card and PayPal payments after you click the "Submit My Order" button.

For credit card and PayPal payments we will email a tax invoice to you with your Order Confirmation. Where you pay by bank transfer a tax invoice will be sent to you via email after your payment has been confirmed. Your tax invoice is your proof of purchase.

 

GIFT VOUCHERS / CERTIFICATES / COUPONS.

All GiftCards, vouchers, and other gift certificates are deemed purchased in and issued from the NSW. The risk of loss and title to vouchers, certificates, and coupons pass to the purchaser upon our electronic transmission to the recipient or delivery.

DELIVERY WARRANTY CLAIMS AND RETURNS

Please read our terms and conditions for delivery returns and warranty claims.

USER AND GUEST SUBMISSIONS

We welcome your comments regarding this website. However, any comments, reviews,  feedback, notes, messages, ideas, suggestions or other communications sent to P.B & G.M Towle Pty Ltd  shall be and remain the exclusive property of P.B & G.M Towle Pty Ltd.

Your submission of any comments shall constitute an assignment to P.B & G.M Towle Pty Ltd. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. We will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as buying guide content, product ideas, or original graphics, designs, and artwork.

User Submitted Content (including, but not limited to, text, graphics, designs, artwork buying guides, photos, or video submitted in connection with products, or any other message forward service such as email a friend.

The poolandoutdoor.com.au gift card services available to our guests are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in messages.

All gift cards are scanned and sometimes edited if we see a obvious spelling mistake we will rectify it, but take no responsilbility for any omissions / mistake on your part.

The transmission of any content that is profane, libelous, defamatory, or otherwise objectionable will result in the card being omitted from the order.

The impersonation of any person or entity in any part of a gift card message and or information sharing services is also not permitted.

REPRESENTATION OF PRODUCT COLOURS

We strive to  display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your monitor type and resolution, we cannot guarantee that your monitor's display of any color will be accurate to represent the colour you may expect the products to be.

ERRORS OMISSIONS AND INACCURACIES

Poolandoutdoor.com.au is continuously updated and checked for inaccuracies and omissions. However, even with the greatest of care to avoid inaccuracies and omissions, inconsistencies may occur.

We do not  accept responsibility for any inconsistencies found within our site. If you have any information regarding inaccuracies, omissions or any other feedback, we would greatly appreciate an email to us by emailing us here.  We reserve the right to change prices for Products displayed at at any time.

RRP's shown are for indication only, and may vary at different stores and locations

Despite our best efforts, a small number of the items on our Web site may be mispriced. Prices & quantities do change daily.

If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. If it is lower we will contact you and refund you the difference via bank transfer.

DISCLAIMERS

WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

WE DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE. WE ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.

THE INFORMATION CONTAINED IN THE BUYING GUIDES, INFORMATION PAGES, CONTENT PAGES OF THIS WEBSITE IS INTENDED FOR INFORMATION PURPOSES ONLY.

UNDER NO CIRCUMSTANCES, SHALL P.B & G.M TOWLE PTY LTD, OUR VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE AND THE INFORMATION CONTAINED IN OUR BUYING GUIDES.

DISCLAIMERS GENERAL

We reserve the right to change the Terms and Conditions of sale at any time.

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent from us. Any unauthorised assignment shall be deemed null and void.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable inwhole 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 thereby.

Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.

No P.B & G.M Towle Pty Limited employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

DATA USE AND PROTECTION

By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our privacy statement.

CREDIT CARD FRAUD

Whilst we employ  the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, P.B & G.M Towle Pty Limited will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.


FORCE MAJEURE

P.B & G.M Towle Pty Limited shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond our reasonable control, and we shall be entitled to a reasonable extension of time for the performance of such obligations.