PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Shipping Charges and Tax
Prices shown on the site do not include sales tax or shipping and handling charges, if applicable. PoolAqua.com will collect, and the customer is responsible to pay for, sales and all other taxes associated with the order.
Delivery Terms
Please inspect all items for damages upon delivery. PoolAqua.com is NOT RESPONSIBLE for any damages. Damages must be reported to the carrier at the time of delivery.
Product Images
Product images may have been enlarged and/or enhanced. If you have any questions about a specific item, feel free to contact us.
Coupon Codes and Promotions
Coupon codes and promotions can be cancelled at any time without prior notice. Coupon codes or promotions do not apply to special or customized items.
Warranty Disclaimer
This site and the products on this site are provided “as is” and without warranties of any kind from PoolAqua.com, whether express or implied. To the fullest extent permissible pursuant to applicable law, PoolAqua.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. PoolAqua.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. PoolAqua.com does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Some manufacturers do not honor or limit warranties for some products purchased online. It is buyer’s responsibility to check with the manufacturer to make sure that the product purchased online from PoolAqua.com is covered by the manufacturer’s warranty.
Product Installation and Usage of Products
By purchasing and/or using products from PoolAqua.com, you acknowledge and agree to the following terms and conditions:
- Manufacturer’s Directions: Products purchased from PoolAqua.com must be installed and used strictly in accordance with the manufacturer’s directions, guidelines, and specifications provided with the product. It is your responsibility to thoroughly read and understand the instructions before installing or using the product. If the product does not come with above mentioned instructions, contact the manufacturer to get one.
- Safety Precautions: The manufacturer’s directions include important safety precautions that must be followed to ensure the proper and safe functioning of products purchased from PoolAqua.com. Failure to adhere to these instructions may result in personal injury, property damage, or other hazards. It is crucial to comply with all safety guidelines outlined by the manufacturer.
- Product Warranty Installation and Usage: Any warranty provided by the manufacturer is contingent upon the product being installed and used according to their directions. If you fail to follow the manufacturer’s instructions, it may void any warranty or guarantee that accompanies the product. Please refer to the specific terms and conditions of the manufacturer’s warranty for further details.
In certain cases, the installation or use of products purchased from PoolAqua.com may require installation or usage by trained professionals such as licensed technicians or qualified contractors. Please contact the manufacturer first to see if the product requires an installation or usage by a trained professionals, if so, please hire a licensed professional for installation and usage of the product purchased from PoolAqua.com. It is buyer’s responsibility to seek professional guidance when necessary to ensure proper installation and safe operation of the product.
Limitation of Liability
PoolAqua.com shall not be held responsible for any damages, losses, or injuries arising from the misuse, improper installation, or negligent use of Products purchased from PoolAqua.com. You assume all risks associated with the installation and use of the product, and you agree to indemnify and hold PoolAqua.com harmless against any claims or liabilities resulting from such actions.
PoolAqua.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if PoolAqua.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Limitation of Liability
PoolAqua.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if PoolAqua.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a PoolAqua.com product is mistakenly listed at an incorrect price, PoolAqua.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. PoolAqua.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and processed. If a credit card has already been charged for the purchase, PoolAqua.com shall issue a credit to your credit card account in the amount of the incorrect price.
PoolAqua.com may provide product information, including technical information, specifications, recommendations, literature, and other information and materials(collectively “Product Information”) for customer’s convenience. The accuracy or completeness of Product Information is not guaranteed and is subject without notice. Customer is solely responsible for evaluating and selecting Products and determining whether each Product is fit for a particular purpose and suitable for Customer’s use and method of application.
Term Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by PoolAqua.com without notice at any time, for any reason. The provisions relating to Shipping, Return Policy, Shipping Charges and Tax, Delivery Terms, Warranty Disclaimer, Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
PoolAqua.com may deliver a notice to you through e-mail, a general notice on the site, or by other reliable method to the address you have provided to PoolAqua.com.
Miscellaneous
Use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of PoolAqua.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of PoolAqua.com products) must be commenced within one (1) year after the claim or cause of action arises. PoolAqua.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. PoolAqua.com may assign its rights and duties under this Agreement to any party at any time without notice.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a PoolAqua.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Copyright
Unless otherwise stated, the entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of PoolAqua.com. All other site content is licensed by, or used with the permission of the original copyright holder. The collective work includes works that are licensed to PoolAqua.com. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with PoolAqua.com or purchasing PoolAqua.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with PoolAqua.com or to purchase PoolAqua.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by PoolAqua.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
These databases are property of their respective owners.
Trademarks
All trademarks, service marks and trade names of PoolAqua.com used in the site are trademarks or registered trademarks of PoolAqua.com
Participation Disclaimer
PoolAqua.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, PoolAqua.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, PoolAqua.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to PoolAqua.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless PoolAqua.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, PoolAqua.com may link to sites operated by third parties. However, even if the third party is affiliated with PoolAqua.com, PoolAqua.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of PoolAqua.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, PoolAqua.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
The Information We Collect
When you visit PoolAqua.com you provide us with two types of information: personal information you knowingly choose to disclose that is collected by us and Web Site use information collected by us as you interact with our Web Site.
When you register with PoolAqua.com, you provide us with certain personal information, such as your name, your email address, your telephone number, your address, and any other personal or preference information that you provide to us.
When you enter PoolAqua.com, we collect your browser type and IP address. This information is gathered for all PoolAqua.com visitors. In addition, we store certain information from your browser using “cookies.” A cookie is a piece of data stored on the user’s computer tied to information about the user. We use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser. By default, we use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to PoolAqua.com . You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature.
Any improper collection or misuse of information provided on PoolAqua.com is a violation of the PoolAqua.com Terms of Service and should be reported to info@PoolAqua.com .
If you choose to use our invitation service to tell a friend about our site, we will ask you for information needed to send the invitation, such as your friend’s email address. We will automatically send your friend a one-time email or instant message inviting him or her to visit the site. PoolAqua.com stores this information to send this one-time invitation, to register a friend connection if your invitation is accepted, and to track the success of our referral program. Your friend may contact us at info@PoolAqua.com to request that we remove this information from our database.
We may be required to disclose user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the PoolAqua.com service or using the PoolAqua.com name, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies.
We reserve the right to refuse service to anyone
Shipping Policy
Most orders will be processed within 1 business day. Holidays, Saturdays and Sundays are not considered business days.
Delivery business days shown during the checkout are estimated. Actual delivery time may vary.
Shipping costs are only estimated for continental US. At this time we do not support international shipments.
Hawaii and some rural locations may require additional delivery time and additional charges.
PoolAqua.com is not responsible for shipping or other delays caused by events beyond our control.
Orders may require signature delivery confirmation. To release the signature requirement, please contact us before your order is shipped.
If the package/order is returned by a carrier, because no signature was obtained from the customer, or due to a wrong/undeliverable shipping address provided by the customer, it will be considered a returned package from the customer and a minimum 20% restocking fee will be applied upon receipt of the returned package/order and a return shipping cost will be deducted as well.
Return Policy
Please do not return without authorization from PoolAqua.com. Any return without authorization will not be refunded.
All products must be returned in original, UNUSED, UNINSTALLED, BRAND NEW condition with original packaging, accessories, and paperwork (i.e. owners manual, warranty card, etc.).
All returned items are subject to an inspection.
Orders must be returned within 30 days of delivery date. The delivery date is determined by the tracking information provided.
The customer must obtain an RMA (return merchandise authorization) by filling out and submitting the Return Request Form.
There will be a minimum 20% restocking fee applied to all qualified returns.
Shipping and handling charges are non-refundable.
The customer is responsible for return shipping costs. We recommend shipping via an insured, trackable method.
Items must be returned in the original box and/or packaging with a copy of the original invoice.
Once a returned item is received and inspected, a refund will be processed and a credit will be applied to the original method of payment within 7-10 business days.
We do not accept returns on certain items such as paint, chemicals, electrical components, discontinued, or custom-made products. Other items may not be returnable, and they are specified on the item webpage.
Multipack orders must be returned complete to qualify for a refund.
Out of policy returns will not be refunded and returned items/packages will be discarded without notice to the shipper/customer.
Please ensure that you find our policy agreeable before making your purchase.
Defective Items
We only ship brand new products. As mentioned earlier, items that have been used or installed are not eligible for returns. If you believe your product is defective, please review the manufacturer’s warranty and contact them for support or a replacement. If you need assistance finding the manufacturer’s information, feel free to email us and we will be happy to help.
Undelivered and Returned Orders
If the shipping carrier returns an item to us because it was refused or undeliverable at the address provided or if the customer is unable to sign for the package and receive it, a 20% restocking fee will be applied and a round trip shipping cost will be charged for the the order.
Order Cancellation Policy
An order can be cancelled only if a customer submits an order cancellation request and if the order has not been shipped yet.
To cancel an unshipped order please submit Order Cancellation Request.
There will be a 6% cancellation fee applied to all cancelled orders.