Terms and Conditions1. Acceptance of Terms Pool Warehouse (hereafter also referred to as “We,” “Our,” or “Us”) provides access to www.poolwarehouse.com (the “Site”). Our attorney insists that your use of the Site is subject to your acceptance of this website user agreement (the “Agreement”). By accessing, browsing, framing, calling, using and/or linking to the Site, you become a User (defined herein below) and agree to be bound by the terms of this Agreement. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policy, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this Agreement, please contact Pool Warehouse before using the Site or calling with your order. User agrees to pay all reasonable and necessary attorney’s fees and associated expenses incurred by Pool Warehouse in collecting any unpaid balances from the User.
2. Types of Users Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a “User” (also referred to as “you” or “your,” as applicable) under this Agreement. However, purchases from this Site may only be made by Users who are eighteen (18) years old or older.
4. Use of the Site Pool Warehouse cannot, and does not, guarantee that the Site will be free of infection from viruses or other malware that could damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, hardware, software, data or personal information belonging to you. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. Use this Site AT YOUR OWN RISK.
5. Internet Use YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE VIA THE INTERNET. YOU ACKNOWLEDGE THAT ANY UPLOADS OR TRANSMISSIONS YOU MAKE RELATED TO THE SITE MAY POTENTIALLY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY. ACCORDINGLY, YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR USE OF THE SITE.
6. System Outages Pool Warehouse periodically schedules system downtime for maintenance of the Site and other purposes because We want the Site to be available to you as often as possible. In addition, unplanned system outages also may occur. Pool Warehouse shall have no liability to you, whatsoever, for unavailability of the Site, for any reason, or for any loss of data or transactions caused by planned or unplanned system outages or the resulting delay, miss-delivery, or non-delivery of information caused by such system outages. Also, Pool Warehouse shall have no liability to you for any outages of web-host providers, internet infrastructure, and external networks to the Site.
7. Indemnification You agree to indemnify, defend, and hold Pool Warehouse (and its affiliates, officers, directors, employees, attorneys, and agents) harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys’ fees) resulting from (i) your use, misuse, or abuse of the Site; (ii) your use of products or services provided through the Site; and/or (iii) your breach of any provision of this Agreement. You agree to cooperate as Pool Warehouse may require in defense of any claim made against Pool Warehouse as a result of the foregoing conduct by you. However, Pool Warehouse reserves the right, at its own expense, to assume the exclusive defense and control of any claim against it attributable to your conduct as set forth above and thereafter seek reimbursement from you for any and all such costs of defense and indemnification from you for any loss, settlement, or judgment sustained.
8. Intellectual Property The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the “Content”) is the property of Pool Warehouse and/or its affiliates, and is protected by state, federal, and international copyright and trademark laws, or other proprietary rights, where applicable. These rights are protected in all forms, media, and technologies existing now or hereinafter developed. You may print and download portions of the Content from the different areas of the Site solely for your personal, non-commercial, use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Pool Warehouse. You may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license, or create derivative works with respect to the Site. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the third party Content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Pool Warehouse. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under any patent, copyright, or trademark of Pool Warehouse or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Pool Warehouse copyright.
9. Policy Regarding Copyright Infringement and Designation of a Copyright Agent Pool Warehouse’s policy regarding copyright infringement and Pool Warehouse’s designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is as follows: Pool Warehouse respects the intellectual property rights of others and requires those that visit our web site to do the same. Pool Warehouse may, in appropriate circumstances and at its discretion, remove or disable access to material on the Site, or its network, that infringes upon the copyrights of others. Pool Warehouse also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to Our website or users of Our network repeatedly infringe on others copyrights, We may, in our sole discretion, terminate those individuals’ rights to use Our website and/or network. If you believe that your work has been used on Our web site or Our network in any manner that constitutes copyright infringement, please notify Pool Warehouse in writing.
10. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL POOL WAREHOUSE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING PRODUCTS OR SERVICES THROUGH THE SITE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE DAMAGES, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF POOL WAREHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE (ii) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF POOLWAREHOUSE OR ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE OR FUNCTIONALITY OF ANY MERCHANDISE PURCHASED THROUGH THE SITE; (v) DAMAGE OR INJURY TO YOUR EQUIPMENT, HARWARE, SOFTWARE, OR DATA; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL POOL WAREHOUSE’S CUMULATIVE LIABILITY UNDER THIS AGREEMENT TO YOU EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY, BY YOU TO POOL WAREHOUSE FOR YOUR USE OF THE SITE OR $10.00. BECAUSE SOME STATES OR JURISTICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, POOL WAREHOUSE’S LIABILITY TO YOU IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT, AS WELL AS ALL OTHER TERMS OF THIS AGREEMENT, INURE TO THE BENEFIT OF POOL WAREHOUSE’S OWNER’S DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, ATTORNEYS, AND AGENTS. Please Note * User agrees to pay all reasonable and necessary attorney’s fees and associated expenses incurred by Pool Warehouse in collecting any unpaid balances from the User.
11. Your Account and Membership Obligations In consideration of your use of the Site you agree to: (i) provide accurate and current information about yourself as prompted by the Site (the “Registration Information”); and (ii) maintain and update the Registration Information to keep it accurate and current. Further, you affirm and represent that you are over eighteen (18) years old if you are making any purchases via the Site. If you provide any information that is untrue, inaccurate, not current or incomplete, or reasonable grounds exist to suspect that such information is untrue, inaccurate, not current or incomplete, Pool Warehouse may, in its sole discretion, suspend or terminate your account and decline to permit your continued use of the Site and future access to the Site. You are responsible for maintaining the confidentiality of your password and account number (“Account Information”) and are fully responsible for all activities that occur via your Account Information. You agree that your Account Information may be used by Pool Warehouse to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify Pool Warehouse immediately of any unauthorized use of your Account Information or any other breach of security. Pool Warehouse shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised Account Information.
12. Returns, Exchanges, and Warranties All returns must be initiated within thirty (30) days of delivery. Returns must be approved and issued an RMA (Return Merchandise Authorization) Number specific to your item to be returned. Pool Warehouse will accept a return on most items that are in new, unused/unopened condition and are not custom or specially ordered within thirty (30) days of delivery for a refund, less any shipping and handling charges, and less a fifteen percent (15%) restock fee and five percent (5%) cancellation fee. If a mistake has occurred due to the fault of Pool Warehouse or partnering distributors, Pool Warehouse will process your return and issue a full refund with no deduction for return shipping after receiving your return of the eligible product(s). If your return is not a result of an Pool Warehouse or partnering distributor error, we will not refund the original shipping fees. If you return product(s) that are ineligible for free returns with product(s) that are eligible for free returns, Pool Warehouse may deduct the shipping costs for the ineligible products(s) from your refund amount. Any removal of contents from the original packaging will void the possibility of refund as the product is no longer in “New” condition. If items are found to be in “used”, open or non-resalable condition the refund is forfeit. If your product is not functioning properly, please call Pool Warehouse’s Technical Support Department as soon as possible (but not later than thirty (30) days from delivery) at 1-800-515-1747 during regular business hours, Mon – Fri 9:00AM – 6:00PM EST. In most instances, our Technical Support representatives can assist you in diagnosing and resolving your product problems. However, in instances where a product is truly defective, the manufacture of the product, or Pool Warehouse in its sole discretion, will repair or replace the product, in whole or in part as necessary, with an even exchange of the same item or replacement parts, subject to in-stock availability. Replacement items ship the same week the defective item is received and inspected by Our Returns Department. User is responsible for the shipping costs to ship the defective product back to Pool Warehouse. Be sure to obtain a tracking number for your return items sent to Pool Warehouse. Once a return is complete and an inspection of the returned item is completed and approved the refund will be completed using the original form of payment within 30 days. This will usually be much quicker with a credit card purchase. Custom and special orders may not be returned. This includes but not limited to Steel Wall & Polymer Wall Swimming Pool Kits, Swimming Pool Liners, Swimming Pool Covers, Steel Pool Steps, Polymer Pool Steps, Polymer Swimouts & Spill Over Spas. With your purchase of any product from the Site, you shall be provided the product manufacturer’s warranty, if any. Pool Warehouse does not separately provide any warranty to any product purchased on the Site. Further, Pool Warehouse EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE as to all products sold on the Site. Custom and special orders may not be returned. This includes but not limited to Steel Wall & Polymer Wall Swimming Pool Kits, Swimming Pool Liners, Swimming Pool Covers, Steel Pool Steps, Polymer Pool Steps, Polymer Swimouts & Spill Over Spas. With your purchase of any product from the Site, you shall be provided the product manufacturer’s warranty, if any. Pool Warehouse does not separately provide any warranty to any product purchased on the Site. Further, Pool Warehouse EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE as to all products sold on the Site.
13. Purchase and Product Pricing In the event a product is listed at an incorrect price or with incorrect information due to typographical error, an error in pricing, product information, or otherwise, Pool Warehouse shall have the right to refuse or cancel any orders placed for that product(s) listed at the incorrect price. Pool Warehouse shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the User’s credit card charged. If the User’s credit card has already been charged for the purchase and the order is canceled, Pool Warehouse shall issue a credit to the User’s credit card account in the amount of the charge.
14. No Endorsement of Content and Links to Other Web Sites Links, if any, to other web sites are provided as merely a convenience to the Users of this Site. Pool Warehouse has not reviewed all of these other web sites, has no responsibility for the content of such other web sites and shall not be liable for any damages or injury arising from any such content. Pool Warehouse does not endorse or make any representations about these web sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other web sites linked to this Site, you do so entirely at your own risk.
15. International Users Pool Warehouse makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries, or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. 16. User Feedback Should any User respond to Pool Warehouse with any information, questions, requests, opinions, comments, suggestions, or the like regarding the content of the Site, Pool Warehouse products or services or otherwise (“Comments”), such Comments shall be deemed to be non-confidential. Pool Warehouse shall have no obligation of any kind with respect to such Comments and shall be free to reproduce, use, disclose, and distribute the information to others.
17. Acceptable and Lawful Use of the Site Any information provided to Pool Warehouse in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other mean computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Pool Warehouse or cause Us to lose the services of Our internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site, including but not limited to unsolicited e-mail.
18. Miscellaneous Stuff: Sever-ability; No Waiver; Assignment; Third Party Beneficiary Rights; Entire Agreement In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by Pool Warehouse, at any time or times, to require performance of any provision hereof shall in no manner impair Pool Warehouse’s right at a later time to enforce such provision. No delay or failure by Pool Warehouse in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Pool Warehouse. However, Pool Warehouse, at any time, may assign its rights or delegate its obligations hereunder without notice to you. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Pool Warehouse and you pertaining to the subject matter hereof.
19. Updates and Modifications In its sole discretion, Pool Warehouse may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. Pool Warehouse reserves the right to delete, modify or supplement the Content of this Site at any time for any reason without notification to anyone. If you have any questions about this Agreement, please contact Us.
20. Termination Pool Warehouse may immediately issue a warning, suspend or terminate your access to the Site or for breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if We are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion. You may terminate your account by contacting us.
- Poolwarehouse.com online pricing is subject to change without notice and reserves the right of final approval of all orders.
- Per Pool Warehouse Terms and Conditions we reserve the right to charge all fees on any product(s) returned not following the conditions of the policy listed below in addition to a 25% restocking fee.
- Pool Warehouse accepts all major credit cards including Cashier Checks, Visa, MasterCard, Discover Card, and American Express.
- Please note all sales within the state of Tennessee are subject to a state sales tax of 9.25%.
Shipping & Order Information
- Free Shipping on all polymer pool kits & steel pool kits! Free Shipping is also offered on all swimming pool replacement liners, in ground spas and spill over spas; inground pool kit shipping is free only to certain states. No hidden fees or freight up charges.
- Swimming Pool Liners ship within 5-10 business days; please allow 2-3 additional days for delivery. Rush orders are available with 24-48 hour turn around. Please call us for details and pricing.
- UPS or FedEx are typically used on purchased items weighing less than 150 lbs.. Larger items such as swimming pool kits, hot tub spas, large above ground pool liners and inground pool liners will be shipped via common carrier.
- Additional charges will apply on orders that have requested expedited shipping.
- In-stock products will ship from the warehouse in 1-3 business days. Allow 2-5 additional business days for delivery depending on your location.
- Per Pool Warehouse Terms and Conditions special order items may require additional shipping fees unless otherwise stated. Email or call for international inground pool kit shipping rates.
- Homeowner is responsible for all necessary town, city, county and state permits. Homeowner is responsible to verify standard equipment meets all town, city, county and state requirements before placing the order. Pool Warehouse will not be responsible for equipment that does not meet town, city, county and state requirements. Raised seal and stamped drawings are available to purchase for states requiring permits.
In-ground Pool Kit Shipping Information
- Free Shipping on all polymer & steel pool kits; no hidden fees of freight up charges. In-ground pool kit shipping is free only to certain states.
- All pool kits are delivered by semi (18 wheel) truck. The shipping company will call for a delivery time 1-2 days before the kit is delivered.
- At the discretion of the delivery company the truck driver may chose to deliver your order to a different location if restricted by neighborhood regulations or if location is rural and inaccessible by truck.
- Swimming pool kit’s must be unloaded by the customers receiving the order. This is not the responsibility of the trucking company.
- All non free form swimming pool kits should ship within 30 business days. Please allow additional time for swimming pool covers, spill-over and inground spas.
- Per Pool Warehouse Terms & Conditions, Recipient MUST check for shipping damage before signing the delivery ticket.
- Recipient must report any missing and/or damaged items before the shipper leaves. Report items on the bill of Lading and then fax to 888-491-1236 Pool Warehouse.
- All damaged items must be sent back with the shipper for a quick replacement of the damaged item.
- Only steel and polymer in-ground pool kit shipping is free. Fiberglass pool kits do not come with free shipping.
- On some rare occasions lift gate service may not be available.
- Additional delivery charges will apply for pool kits shipping to Hawaii, Alaska, Washington, Oregon, California, Arizona, Colorado, Idaho, Montana, New Mexico, Nevada, Utah, Wyoming, all offshore territories and International Export Shipments.
- Standard pool kits ship out 10-15 business days after the order is finalized.
- Custom steel steps have an approximate 4 week lead time.
- Dependant upon your order, pool kits may arrive to you in multiple shipments.
- The shipping company will deliver the Pool Kit in shrink wrapped pallet form, curb side, as close to your home as possible. However, at the discretion of the delivery company the truck driver may chose to deliver your order to a different location if restricted by neighborhood regulations or if location is rural and inaccessible by truck. It is your responsibility to unload the pool kit. The driver may help, but is not required to. Any storage fees, if you cannot accept the shipment in a timely manner, are the customer’s responsibility.
- After delivery, the customer MUST check for shipping damage and complete inventory with comparison to the drawing before signing the delivery ticket. During inventory it is important to verify all items and quantity of items listed on the packing slip. Any missing items should be declared before the shipper leaves. If the customer fails to conduct a complete inventory of all items, then the customer will be responsible to purchase any items that were missing.
- Pool warehouse will not be held responsible for: Cost in Delays from shipping and or back ordered products, loss of or refilling of water. All pool kits and liners are custom made for each individual order. Once payment and signed documents are received, orders cannot be cancelled.
- PLEASE DO NOT ARRANGE ANY INSTALLATION OR SCHEDULE ANY INSTALLATION CREW BEFORE YOU ACTUALLY RECEIVE YOUR POOL KIT IN ITS ENTIRETY. This will help avoid time lapse and make for a happy customer.
Hot Tub & Spa Shipping & Information
- Lift gate service is included free on all hot tubs & spas for no extra charge! Note: Some In-ground Spas are too large for even the lift gate, and will require special services obtained from the shipper.
- All hot tubs and spas are delivered by semi (18 wheel) truck.
- Free Shipping on in ground spas and spill over spas, shipping to the lower 48 states.
- The homeowner is responsible for unloading the hot tub/spa from the truck and placing it in the final location.
- Per Pool Warehouse Terms and Conditions customers MUST check for shipping damage before signing the delivery ticket.
- Customer must report any missing and/or damaged items before the shipper leaves. Report items on the bill of Lading and then fax to 888-491-1236 Pool Warehouse
- All damaged items must be sent back with the shipper for a quick replacement of the damaged item.
- Recipient MUST check for shipping damage before signing the delivery ticket.
- Recipient must report any missing and/or damaged items before the shipper leaves. Report items on the bill of Lading and then fax to 888-491-1236 Pool Warehouse
- All damaged items must be sent back with the shipper for a quick replacement of the damaged item.
- In-ground pool kit shipping damages must be noted noted at time of delivery
- If the customer does not note damages or missing items on the Bill of Lading at the time of delivery, then the customer will file a damage claim “Concealed Damages” form with the shipping company and be reimbursed by the same(all forms, including claims forms will be e-mailed to you after order is finalized). Pool Warehouse will then ship all necessary items out via standard ground UPS or common freight carrier.
- Returns must be made withing 15 days of purchase.
- Customers are responsible for paying shipping on all returned items.
- A 25% restocking fee will be charges to the customer for all returned items. This applies to Pumps, Filters, Heaters and all other items sold on PoolWarehouse.com
- Items must be new and not used in original box. If the goods cannot be sold in new condition a refund can not be issued.
- Email firstname.lastname@example.org a copy of your on-line receipt with a reason of return. An RMA-# will be given and a ship back address.
- Returned items will be freight pre-paid via UPS. Shipping charges are non-refundable. RMA-# and order # must appear on all cartons.
- Per Pool Warehouse Terms and Conditions products returned without and RA# will be subject to a 25% restocking fee.
Non Returnable Items
- Inground Pool Kits, Swimming Pool Liners, Swimming Pool Safety/Winter Covers, Aluminum Pool Coping, Individual Pool Wall Panels, Individual Pool Wall Braces, Spas & Waterfalls are all items that are custom and cannot be returned.
- All pool kits, pool liners and pool covers are custom made for each individual order. Once payment and signed documents are received, orders cannot be cancelled.
- Orders for Swimming Pool Kits, Swimming Pool Liners, Swimming Pool Covers & Spas cannot be canceled once production has begun.
Pool Warehouse Terms and Conditions
If you have questions about Pool Warehouse Terms and Conditions please feel free to give us a call at 1-800-515-1747 or send us an email, email@example.com.
At Pool Warehouse, We Know Swimming Pool Kits!
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