Terms and Conditions
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.
Copyright
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 PoolsAz. The collective work includes works that are licensed to PoolsAz. Copyright 1991 - 2009, PoolsAz ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with PoolsAz or purchasing PoolsAz 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 PoolsAz or to purchase PoolsAz 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 PoolsAz. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of PoolsAz used in the site are trademarks or registered trademarks of PoolsAz
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, PoolsAz disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. PoolsAz 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. PoolsAz does not make any warrantees 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.
Limitation of Liability
PoolsAz 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 PoolsAz 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 PoolsAz product is mistakenly listed at an incorrect price, PoolsAz reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. PoolsAz reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, PoolsAz shall issue a credit to your credit card account in the amount of the incorrect price.
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 PoolsAz without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
PoolsAz may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to PoolsAz.
Miscellaneous
Your 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 PoolsAz 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 PoolsAz products) must be commenced within one (1) year after the claim or cause of action arises. PoolsAz'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. PoolsAz may assign its rights and duties under this Agreement to any party at any time without notice to you.
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 PoolsAz 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.
Participation Disclaimer
PoolsAz 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, PoolsAz 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, PoolsAz 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 PoolsAz in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless PoolsAz, 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, PoolsAz may link to sites operated by third parties. However, even if the third party is affiliated with PoolsAz, PoolsAz has no control over these linked sites, all of which have separate privacy and data collection practices, independent of PoolsAz. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, PoolsAz 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).
Website Security
PoolsAz uses the latest in SSL industry standard data encryption of information transferred from your computer to the website. Your information is encrypted and credit card information is erased on a regular basis for your protection. PoolsAz has no control over any information left on your computer, if you are using a public computer to be sure that you are able to erase the temporary internet files & cookies. The safest way to order from a public computer is to place the order then choose pay by check. After the order is placed simple call us with your credit card information or you may also call us to place a phone order. PoolsAz checkout is secure, to verify this simple look at the website address bar in your internet browser and you should see "https://: in the front of our web address. The "S" is for secured. You will only see the "S" in the checkout where you enter your name, address & payment details. If you have any questions please contact us before ordering
Shipping
If your item(s) is shipped though a freight company it will arrive at your curbside about 7 to 14 business days after leaving the warehouse. The freight company will contact you in advance to schedule a delivery date and time. The item(s) will be delivered to the curbside of your address. The freight company will not take it inside. We recommend that you have help available to move it to its final location. Before you sign for the delivery, it is important to inspect the packaging for any potential damage that may have occurred while in transit. It is normal for the packaging to show some wear. However, if there is visible content damage, refuse delivery of the order and contact a Customer Service Associate by calling 480-303-0108. Please have your order number available when you call. Please remember you must contact us within 24 hours of the delivery if any damage to the shipment is found, if we are not notified within 24 hours of the damage your claim will be denied. Please note: At this time, delivery is limited to street addresses in the 48 contiguous states. If your item(s) is shipped though a freight company, you will be contacted by the delivery service prior to delivery in order to agree on a day and general eight-hour time window for you to receive your order. NOTE: We employ third party delivery companies and are not responsible for the delivery, late deliveries, missed deliveries or canceled deliveries. If your item(s) is shipped though a freight company and if no one is at home when delivery is attempted, you will incur a minimum re-delivery charge of $75.00 per order - So be sure to have someone there to receive your delivery during the time window the delivery service has given you. If your home is not accessible to the delivery truck, we will transport your merchandise to the nearest accessible point and it will be your responsibility to provide a means of transportation from the truck to your home. Poolsaz reserves the right to change the shipping method of any order without any prior knowledge and/or contact with the customer. Items shipped by common carrier (Fedex, UPS, DHL, USPS or etc.) can take up to 14 business days to arrive in the lower 48 states, Poolsaz is not responsible for delays in delivery of your item(s) by the delivery company, weather delays or disasters. Locations outside the 48 lower states can take longer than 14 business days to arrive.
Repairs and Replacement
We will arrange repair or replacement, in our sole discretion, for products, or parts of products which do not conform to the manufacturer's specifications.
Warranties
Poolsaz.com honors all manufacturer warranties on items sold on this website. The repair or replacement, is the sole discretion of the manufacturer, for products, or parts of products which fall under the item(s) warranty. If you believe your item(s) are defective and the item(s) are still under the manufacturer warranty you must contact the manufacturer before shipping the item(s) back to us or them. It is the consumers responsibility to contact the manufacturer and handle the warranty process unless the manufacturer asked you to contact Poolsaz.com directly to handle the warranty process. When returning a possible defective item(s) it is up to you as the customer to pay for the shipping cost of the item(s) when returning it for a warranty claim. Shipping fees are non-refundable. If the item(s) returned as a warranty item are found not to be defective you as the customer are responsible for the shipping fees back to you. It will be the manufacturer’s sole discretion as to what is a warranty issue and what not a warranty issue, if they decide an item is not a warranty issue then the item will not warranted and/or a credit will not be given.
Cancellations/Return Policy
Orders may be canceled in whole or in part at our discretion, taking into account the status of your order at the time you request cancellation. If your order has shipped, you will be required to reimburse Poolsaz for shipping and other expenses. You as the consumer are responsible for all fees that are accrued by Poolsaz when canceling your order, example is credit card fees, cancellation fees from factories and/or etc. Once we receive your request to cancel your order we will issue you a credit which may take up to 25 days. Credit will be given to the original credit card used to purchase the items.You must email your request for cancellation to us from the email address that you used when you placed the original order, if you email us from a different email address we cannot guarantee the order will be canceled in a timely matter. All orders that are to be canceled must be emailed to us no later 24 hours before the item(s) ship.
As soon as you place your order, we begin processing your order. Most items ship within 3 to 5 days. Once the product has been shipped and you wish to cancel while it is in transit to your town you will be responsible for shipping charges back to the warehouse as well as to your town or city. In addition a charge of 20 to 30 percent of the total invoice of the retail amount will be charged for a re-stocking fee. Re-stocking fees very per manufacturer.
Special Orders
If you need to order something we don't have listed on our site please contact us. We have access to just about every manufacturer in the pool industry. You as the customer are responsible for all shipping and/or taxes. We charge your credit card when we place your order with the manufacturer. Please select the special order items carefully before placing your order. Please note that special orders are not returnable.
Special Order Items
If an item is marked as a Special Order Item, it means the item is usually shipped straight from the factory per order and is made, assembled or ordered especially for you the consumer. Please note that Special Order Items are not returnable as the manufacturers do not accept returns. You as the customer are responsible for all shipping and/or taxes. We charge your credit card when we place your order with the manufacturer. Please select the special order items carefully before placing your order.
Returns
Returns will be accepted if the order is less than 30 days old. All Items returned must be in their original packaging and in sell able condition. Items that have been installed will be considered used and NOT in sell able condition. Electronic items such as Electronic Timers, Circuit Boards, Control Panels, Automated Controls, Motors, Lights or any other type of Electronic Devices is non refundable if the item(s)have been opened and/or removed from their original packaging. All items are subject to inspection before credit will be issued. Credit will be given to the original credit card used to purchase the items. Once we have received and processed your return we will issue you a credit which may take up to 25 days. You as the consumer will be responsible for shipping charges back to the warehouse as well as to your town or city. We will subtract out our shipping cost to you and refund the amount less the shipping cost. This includes all items, even the items marked as free shipping. Shipping fees are non-refundable. Any returns send back without an RMA number may delay or void your refund.
By ordering from Poolsaz whether online order, phone order, mail order or fax order you are agreeing with all the terms and conditions listed on Poolsaz website.
RMA's
All items that are to be returned must have RMA number before they are shipped back to us. Any returns send back without an RMA number may delay or void your refund. All items that are to be returned to Poolsaz must be insured for the full value and must have tracking. If the item(s) are lost or damaged in the process of being returned to Poolsaz, you as the customer are responsible for the item(s) and any steps in filing a claim with the shipping company. Poolsaz is in no way responsible for loss or damaged item(s) being returned. Please use the address below to ship items back:
PoolsAz
2473 S. Higley Road, Suite 104-160
Gilbert, Az 85295
Unjustified Credit Card Chargebacks
A chargeback is when a customer disputes a charge made on their card.
Please read and acknowledge our cancellation, return, replacement, order acceptance, and payment policies prior to placing an order. Our system does not allow our customers to place an order until they have complied with this request. We do this to confirm that both parties understand the expectations in entering a business agreement. If, after reviewing our policies, you place your order, you are consenting to abide by our policies. We make every attempt to be fair and reasonable in our interactions.
In accordance with this, we will charge a $75 penalty fee for every unjustified credit card chargeback against our company. We will also report all unjustified chargebacks to ChargeBackProtection.org, thereby banning you from placing orders with any business that uses ChargeBackProtection.org.
Examples of unjustified chargebacks are: a customer issues an unjustified complaint, a customer starts an unwarranted dispute with his credit card company, a customer refuses to pay, a customer ships the product without going through the RMA process and starts a dispute, a customer disregards our return policy and etc.
Typographical Errors
PoolsAz is not responsible for typographical errors of any/all kind on this web site. All typographical errors are subject to immediately correction. PoolsAz reserves the right to refuse any order that contains typographical errors. However, if it is our mis-advertising or misleading information, we will take full responsibilities.
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