Terms and Conditions
Website Use
- “we”, “our” or “us” means Kreepy Krauly Sales Pty Ltd (ACN 008 700 776) of 321 Selby Street North, Osborne Park, Western Australia. You can contact us at [email protected]. This website is owned and operated by us.
- Your use of this website and the purchase of goods and services through it is subject to these Terms of Use. Before accessing the website, you must carefully read these Terms or Use. Your use of and continued access to this website constitutes your agreement to these Terms of Use.
- We reserve the right to amend or vary the Terms of Use from time to time. Each time you access the website or purchase goods or services or both through it, you agree to be bound by the then current Terms of Use.
Your Information
- You must ensure that all information provided by you in making use of this website is accurate and complete and immediately update such information if it becomes inaccurate.
- You will be liable for any costs or losses incurred by us or any Dealer as a result of you supplying inaccurate information in your order.
Orders
- You agree that all of the information you supply to us in your order will be forwarded by us to a Dealer local to your address who will supply the goods.
- The Dealer is an individual contractor and is not our agent or partner. The Dealer is not authorised to act for us, bind us in any way or incur any liability on our behalf. We will not be liable for any actions or failure of the Dealer in providing the goods or services or both to you.
- The Dealer will contact you directly to arrange delivery and installation of the goods together with any services that you may have ordered. You may contact us through the website if the Dealer has failed to contact you within 3 Western Australian business days of you placing your order. We may contact you prior to delivery of the goods to advise you of an alternative Dealer if the initial Dealer is unable to fulfil your order or if we are required to do so for any other reason.
- This clause 9 applies where your location is further from the Dealer than the nearest Dealer is reasonably willing to travel. We will ship good that you order directly to you. You must carefully inspect the goods prior to using the goods. Where there has been damage to the packaging or goods you must promptly provide us with photographic evidence and provide all reasonable assistance in any claim that we or the Dealer may make against the delivery company. You will be liable for the cost of shipping defective goods back to us where we authorise a return.
- We may, at our sole discretion, accept or reject your order for any reason, including, without limitation, the unavailability of goods, an error in the price or the goods description posted on this website, or an error in your order.
- We may also cancel your order if you provide incorrect or insufficient information in relation to your credit card details (including number, expiration date or card security value, if required), billing information, shipping address or any other relevant information on which we rely.
Prices and Goods Descriptions
- We take a great deal of care to provide goods prices and descriptions on the website that are correct and up to date, however we cannot guarantee the accuracy of all information posted. Prices may be subject to change due to circumstances beyond our control and typographical errors may occur. Prices online may vary from time to time due to special promotions. We will not reduce the price of goods previously ordered if the price of the goods is reduced on the website following your order.
- We may choose to not fill any orders (or part of an order) that you have placed where the website contains errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, delivery, Dealer details shipping or return policies.
Warranties and Replacements
- We process your order for the goods or services or both through the website, however the Dealer will provide the goods to you and is solely liable for any warranty claims that you may have should the goods be defective. The Dealer is solely liable for any services that it may provide to you.
- CHOOSE CAREFULLY. Once you have ordered goods you are not entitled to a refund should you later change your mind prior to delivery of the goods. Any refund for any reason other than a defect in the goods will be at our sole discretion.
- Where a goods defect occurs after delivery and installation you must immediately discontinue use of the goods and notify the Dealer specifying the details of the defect.
- If the model that you choose is not appropriate for your pool the Dealer at the time of delivery may, at its sole discretion, suggest the substitution of the ordered model of our goods with another model of our goods. If you accept a substitute model that has a lower price than the ordered goods, the Dealer will refund the difference in price. If you accept a substitute model that has a higher price than the ordered goods you will be required to pay any excess upon delivery of the goods. If you elect to use a goods model that the Dealer has advised is not appropriate for your pool, any warranty claim in relation to such goods may be invalidated.
- The Competition and Consumer Act 2010 and similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you in relation to the provision by us of goods on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute.
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To the fullest extent permitted by law, our liability for breach of any consumer guarantee, which cannot be excluded, is limited to the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of the replacing the goods or of acquiring equivalent goods;
- the payment of the cost of having the goods repaired; or
- in the case of any service, re-supplying, having the services supplied again or the cost of having the services supplied again.
- In no case will the total quantum of our liability for any claim in any way related to the goods exceed the price you have paid for the goods or services or both.
Copyright and Trade Mark
- This website is our copyright property and the materials displayed on this website are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on this website.
- You may access and view on a computer or a monitor, and print out for your personal, non-commercial use any page or part of any page of this website for your personal and non-commercial use.
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You may not, in any manner or by any means:
- except as permitted by the Copyright Act 1968 (Cth), copy, adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create similar works any part of the website in any form or by any process, electronic or otherwise, for any purpose whatsoever; or
- commercialise any information or goods obtained from any part of this website, without our express written permission.
- Nothing contained in this website should be construed as a licence or right of use of any trade mark displayed on the website.
Linked Websites
- This website may contain links to linked websites. Those links are provided for convenience only and may not be current.
- We are not responsible for the content of any such sites or any hyperlink contained on such sites. You agree to any terms of access or use imposed by those linked sites. You access any such website at your own risk.
- We make no express or implied endorsement or recommendation of any third party, including any service or product offered or provided by that third party, that may be referred to in the website or any links to or from the website. The linked websites are not under our control and we are not responsible for the contents of any linked website.
Cookies
- When you visit the website or purchase any goods from us, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. We use both session cookies and persistent cookies.
- A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the website. Persistent cookies can be removed by following your web browser help file directions.
- A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the website and our services may not function properly if the ability to accept cookies is disabled. We use cookies to enhance the functionality of the website, provide personalised features and to generally improve the website and our services. We do not share or sell any information collected by the cookies.
Emails Web Beacons and Tags
- We may send you emails confirming details of your order when you purchase goods or services or both including marketing material. You can unsubscribe from all marketing emails by clicking on the link in the relevant email. When you unsubscribe from marketing emails we may retain you on our database unless you request to be removed.
- We also track website activity by using clear electronic images called Web beacons on our web pages. These images count the number of users who visit that page from particular banner ads outside the website or through e-mail hyperlinks.
- Also, an image, called a Tag, is used on our website purchasing and shopping cart pages. The Tag collects numeric information, such as the amount you spend in a particular online purchase, to help us gather data about the usage of the website. The Tags we use cannot collect personally identifiable information.
Viruses
- We do not represent or warrant that any data obtained from or through the website or any website are free from computer viruses or other defects. Any such data is provided on the basis that you assume all responsibility for any loss, damage or consequence resulting directly or indirectly from your use of the data.
- Under no circumstances (including but not limited to any act or omission on our part) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from or are in any way related to your use or access of, or any inability to use or access, the website.
Indemnity
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You use the website at your own risk and agree to indemnify and hold us harmless, together with our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs) arising from any of the following:
- your use of and access to the website, or any linked website or information thereon;
- your purchase of any goods or services;
- your use or misuse of the goods or any incident related to the operation or failure of the goods;
- the unauthorised use of or access to any personal information which you provide to us;
- the supply of the goods or services or both by the Dealer; or
- your breach of any term of these Terms of Use;
- This indemnity will survive your use of the website and will apply in perpetuity to any goods or services that you order through the website.
General
- We are not liable to you or any other for any loss or damage in connection with the use of this website or a linked website.
- We may amend the Terms of Use at any time. As you are bound by these Terms of Use, you should periodically refer to them.
- The Terms of Use are effective until terminated by us and we may terminate this agreement and your access to the website at any time without notice. In the event of termination you are no longer authorised to access the website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.
- These Terms of Use are governed by the laws of Western Australia, Australia and you submit to the non-exclusive jurisdiction of the courts of Western Australia.
- Any dispute arising in connection with the website, goods, or Terms of Use which is unable to be settled following the reasonable negotiation between you and us, being not less than 14 days following notification of the dispute, will be settled by the courts of Western Australia.
- Nothing contained in these Terms of Use diminishes our obligation to comply with legal requirements which cannot be excluded relating to your use of the website or information provided to or received by us relating to that use.
Definitions
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In the website:
- “consumer guarantee” means any guarantee applicable under the Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth) and any relevant State or Territory Fair Trading legislation to goods and services purchases by consumers.
- “Dealer” means an independent supplier of the goods close to your location who will provide any goods ordered through the website to you.
- “linked websites” means other persons or entities websites other than ours which are hyperlinked from the website.
- “order” means an order by you for goods or services or both through the website.
- “personal information” means any information about you from which your identity is apparent or can reasonably be ascertained.
- “website” means the whole or any part of the web pages located at www.kreepykrauly.com.au and includes the lay-out of the website, elements of the website design, information, text, sounds, graphics, logos, trade marks, designs, software, animated elements or any other content of the website or underlying code elements of the website.
