1. Website Terms of Use

These terms and conditions of use (“Terms and Conditions”) govern your use of the website Balance Pool & Spa Supplies located at www.balancepoolandspa.com.au (“Website”) and form a binding contractual agreement between you, the user of the Website and us, Aquatic Leisure Technologies Pty Ltd (ACN 008 905 888), the owner of the Website.

These Terms and Conditions are important and you should ensure that you read them carefully prior to using the Website, and in any event, prior to making a purchase on the Website.

If you have any questions in relation to the Terms and Conditions, you can contact us on sales@balancepoolandspa.com.au

By using or accessing the Website, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and Conditions and you agree to be bound by them.

If you do not agree with the Terms and Conditions, please do not use or access the Website.

2. Licence

We grant you a non-exclusive limited licence to access and make personal use of the Website in accordance with the Terms and Conditions (“Licence”).

This Licence does not include any resale or commercial use of the Website or its contents, any collection and use of any product listings, descriptions or prices, any downloading or copying of account information.

3. Intellectual Property Rights

All content included on this site including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of Aquatic Leisure Technologies Pty Ltd or its content suppliers and is protected by Australian and international copyright laws.

“Balance Pool & Spa Supplies” is a registered trademark of Aquatic Leisure Technologies Pty Ltd.

All other trademarks not owned by us that appear on the Website are the property of their respective owners and our display of any third party trade mark or other intellectual property does not constitute or imply our endorsement of or affiliation with that third party.

4. Ordering/Purchase Policy

When you place an order or purchase a product or products on our Website you make an offer to us to purchase the product(s) you have selected on these Terms and Conditions.

Information contained on the Website constitutes an invitation to treat.  No information on the Website constitutes or should be deemed as an offer by us to supply any product(s).  Your order is formally accepted by us once payment for your order has been received.

In order to prevent non bona fide purchases and credit card or payment fraud, we reserve the right to cancel orders, refuse service, and cancel accounts in our sole discretion.

5. Pricing Policy

All prices shown on the Website are correct at the time of publication but are subject to change without notice and we reserve the right to correct any printing errors.

All prices are shown in Australian Dollars.

We reserve the right to cancel any order or refund any payment in the event that the price of a product changes in between payment for the product and delivery of the product.

Unless otherwise provided, the prices shown on the Website do not include the costs of installation of the product(s) and or training in the use of the product(s).

6. Product Description

We do not warrant that product descriptions or other content on the Website is accurate, complete, reliable, current or error-free.

In the event that a product is not as described, refer to our refunds policy for the options available to you.

7. Payment Policy

We accept payment by all major credit cards. For non-credit card payments we accept electronic funds transfer (EFT). To arrange EFT payment please contact sales@balancepoolandspa.com.au

We are unable to accept credit cards issued by banks outside of Australia.

We reserve the right to require identification for security checks.

Payment is to be made at time of order. Orders can not be processed prior to full payment.

8. Product Availability

While a product may appear available on the Website, we do not guarantee product availability.

We reserve the right to revise, discontinue, or cease to make available for purchase any product(s) or to cancel any order due to a product being unavailable.

9. Shipping Policy

Delivery for non-bulky items is sent through Australia Post.

We use courier services for larger items which may incur additional fees.  You will be notified prior to shipping of any delivery fees payable.

We will use our reasonable efforts to deliver your order to you within the estimated delivery time; however we do not guarantee that we will deliver your order within this time frame.

By placing an order, you agree to not hold us responsible for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated delivery time.

Title and risk of loss for any product(s) you have ordered passes to you upon our delivery of the product(s) to the carrier.

We will not post excessively bulky and/or dangerous goods including some pool chemicals. Such products are available by pick-up only from our dispatch location at 9 Stott Rd, Welshpool Western Australia, 6106.

10. Returns and Refunds Policy

Please choose items carefully. We reserve the right to refuse refund and/or exchange if you simply change your mind.

A replacement product will be provided in the case that goods are damaged or faulty at time of delivery and the damage is not deemed to be a result of postage and handling and/or mishandling of the product.

A refund or exchange will be offered if the product is not deemed fit for purpose.

All goods returned for exchange or refund must be returned within 7 days of delivery, in original condition - complete and in packaging.

11. Security Policy

We use the latest Secure Sockets Layer technology and 512 Encryption software to protect order information and payment details sent through the Website.

While we take all reasonable measures to ensure that your personal and credit card details are protected, you agree to not hold us responsible for any loss or damage directly or indirectly arising out of or in connection with any fraudulent or unauthorised use of your credit card.

Please refer to the Privacy Policy below for additional information in relation to Security on the Website.

12. Privacy Policy

By creating an account and/or making a purchase on the Website you agree for your personal and/or order information to be stored by the Website Owner.   
We will store all information securely and agree not to disclose your details to third parties.

In the case that you opt-in to receive newsletters from the Website, we reserve the right to send you newsletters and/or promotional updates at our discretion.

By using our Website, you accept the terms of our Privacy Policy.

13. Prohibited Conduct

You must not:

(a) use the Website for any activities or post or transmit to or via the Website any information or materials which breach any laws or regulations or infringe our or a third party’s rights;

(b) Impersonate another person or use another person’s name, username, password, account or personal details;

(c) Tamper with, hinder the operation of, or make unauthorised modifications to the Website;

(d) Create accounts by automated means or under false or fraudulent pretences; and

(e) Use the Website to publish, post, distribute or disseminate any unlawful material or information, or any defamatory, misleading, deceptive, inaccurate, obscene, indecent, pornographic or otherwise objectionable material or information.

14. Third Party Links

Where the Website links to other websites, we do not make any warranties or representations regarding the quality, accuracy, merchantability, or fitness for purpose of any product or material on these other websites.

15. Warranties and Limitation of Liability

We provide the Website on an “as is” basis without any express or implied warranty of any kind.  To the full extent permissible by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

These Terms and Conditions are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations.  If such legislation applies we, as far as possible, limit our liability in respect of any claim to, at our option:

• the replacement of the product or the supply of an equivalent product;
• the repair of the product;
• the payment of the cost of replacing the product; or
• the payment of having the product repaired.

By using and making purchases on the Website, you accept all risks and responsibility for any loss or damage directly or indirectly arising out of or in connection your use of the Website and or the purchase of products on the Website.

16. Indemnity

You agree to indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

• your breach or non-observance of any term of these Terms and Conditions; or
• any breach or inaccuracy in any of your representations or warranties.

17. Severability

If any part of these Terms and Conditions is deemed invalid, that part will be severed from these Terms and Conditions so that all parts that are not now or do not become invalid will remain in full force and effect and be unaffected by any severance.

18. Governing Law

These Terms and Conditions are governed by the law of Western Australia, Australia.  You irrevocably submit to the exclusive jurisdiction of the laws and courts of Western Australia.