Read through our terms of Trade
Terms & Conditions
Returns and Refunds Terms Used:
Seller refers to THE POOL DOCTOR WAIKATO LIMITED, New Zealand owned & operated. Buyer refers to any legal entity purchasing from the Seller. Product refers to any goods or services supplied or available for supply from the Seller.
1.1 Compliance with these Terms and Conditions are essential to the Seller. By purchasing from the Seller, the Buyer agrees to be bound by these Terms and Conditions and in no event will any terms contained in any order or offer, made by the Buyer or any document used by the Buyer have effect or be binding on the Seller.
2. Contract Formation
2.1 The Seller’s website, the information on it and any information in emails are not an offer to supply Products. When the Buyer orders Products from the Seller, this constitutes an offer from the Buyer to buy those Products in accordance with these Terms and Conditions. The Seller’s acceptance of the Buyer’s order occurs when the goods are dispatched to the Buyer. In other words there is no enforceable contract for the Seller to supply Product until Product is dispatched or supplied to the Buyer.
3. Order Process
3.1 The Buyer may order Products from the Seller by completing and submitting the checkout process on the Seller’s website. The Buyer must provide all required information (including name, email address, and payment details) or the Seller may not be able to process the Buyer’s order.
4. The Sellers Discretion in Rejecting Orders
4.1 No order shall be deemed accepted by the Seller until the Seller has sent the Buyer’s order. The Seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the Buyer and the Buyer acknowledges that the Seller is under no obligation to explain its rejection of an order. If the Seller rejects the Buyer’s order (or part of the order), any money paid by the Buyer in relation to the rejected part of that order shall be refunded and the Seller shall have no further liability to the Buyer in relation to the rejected part of that order. Overseas orders: The Seller does not ordinarily accept orders from overseas. However, the Seller may do so in the sole discretion of the Seller and only at the express request of the Buyer. Please note that if the Seller accepts an order from overseas that does not mean the Seller submits to the jurisdiction of the Buyer and in no event does the Seller accept the jurisdiction of the Buyer as governing arrangements between the parties. Consumer Guarantees Act 1993
4.2 In the event a transaction to which these conditions of sale apply is subject to the Consumer Guarantees Act 1993 (the Act) then:
4.3 If the Buyer is acquiring Products from the Seller for the purposes of a business, then the guarantees and remedies provided under the Act shall not apply to the supply of those Products.
4.4 In the event the Buyer is acquiring the Product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the Buyer’s rights under the Act, to the intent that no provisions shall any way limit the Buyer’s rights under the Act.
5.1 The prices for the Products are stated and are payable in New Zealand dollars (NZD).
5.2 GST: All prices and delivery charges within New Zealand for the retail section of Products are inclusive of New Zealand Goods and Services Tax at the rate of 15%.
5.3 Duties: Except for New Zealand Goods and Services Tax, prices do not include import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to Buyer’s order. The Buyer shall be liable to pay any import fees, duties, taxes, and other imposts or charges which are payable in relation to Buyer’s order.
5.4 Variation: (a) Where the Buyer and the Seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the Seller. (b) The Seller may vary any prices on the Sellers website at any time and without notice to the Buyer.
5.5 Delivery: All prices are exclusive of delivery costs.
6. Payment Methods
6.1 Pay by Credit Card: (a) All credit card processing will be performed by eWay Limited depending on the payment method the Buyer chooses. When the Buyer selects their preferred payment method, accepts the Sellers Terms and Conditions and clicks Checkout the Buyer will be directed by the third party to input credit card details for processing. The Buyer will be automatically notified when the transaction is complete. (b) eWay will process VISA, Mastercard, American Express (d) The Seller does not accept Diners Club, AMEX and Discover.
6.2 Information: The Seller will not process or store any credit card information on its website.
7. Availability and Cancellation
7.1 Availability: All orders are subject to the availability of Products. If for any reason a Product is not available, the Seller will aim to notify the non-availability on this website. The Seller may revise the range of Products or the specification of any Product at any time and without notice to the Buyer.
7.2 Cancellation of Orders: (a) Where Products are listed on the Sellers website with an incorrect price or with incorrect information, the Seller may cancel the Buyer’s order and where the Buyer has already made payment for an order that is subsequently cancelled by the Seller, the Seller will refund the amount paid by the Buyer in relation to that order. (b) The Seller may cancel the Buyer’s order any time prior to the dispatch or provision of the Product.
7.3 Variation of Order: Any variation, waiver or cancellation of the Buyer’s order by the Buyer shall have no effect unless accepted in writing by the Seller. Where the Seller accepts cancellation the Seller may levy a handling charge of up to 15% of the price.
8.1 No warranty as to delivery: (a) Any quotations of delivery times by the Seller are made in good faith but are estimates and the Seller shall not be bound by the times given. (b) The Seller will not be liable for any loss, expense, or other damage caused by any delay in delivery.
8.2 Installments: The Seller reserves the right to dispatch the Buyer’s order in one delivery or by installments. Failure to deliver any installment shall not entitle the Buyer to cancel the contract as to any installments already delivered. The Buyer may cancel any undelivered installments up until the installment is confirmed without limiting the other provisions of these Terms and Conditions.
8.3 Delivery Instructions: While the Buyer may specify delivery instructions for an order the Buyer agrees that the Seller is not liable for any loss, cost or other harm suffered by the Buyer as a consequence of problems with delivery.
8.4 Customs: New Zealand law requires all international packages to have attached customs documentation, which describes the goods being sent and their cost.
9. Shipping Information
A. Delivery time frame – 2-5 working days
9.1 Delivery in New Zealand: The Seller will use Fastway Courier or NZ Courier for all deliveries within New Zealand.
9.2 Order Tracking: All New Zealand shipments are tracked via NZ Courier or Fastway Couriers Tracking number system. The tracking number will be held by the Seller and available to the Buyer on request. The Buyer can use this tracking number to track their order.
9.3 International Deliveries: While the Seller does not ordinarily provide Products outside of New Zealand, if the Seller agrees to do so it uses New Zealand Post for international deliveries.
9.4 Order Tracking: International orders sent via New Zealand Post will be tracked using the New Zealand Post Track and Trace number. The tracking number will be held by the Seller and available to the Buyer on request. The Buyer can use this tracking number to track their order. 9.4 Costs: The Buyer is responsible for any costs incurred in tracking an order.
10. Shortages, Damages or Loss in Transit
10.1 Loss or damage in transit: As the Seller supplies all Products EX WORKS the Seller will not accept any liability for loss or damage in transit. In other words once an order has been dispatched to the Buyer’s specified address it is considered completed and the Seller will not be liable for any items that are lost, stolen or damaged after dispatch.
10.2 Liability for shortages: Without limiting clause 10.1, liability for shortages in the quantity of goods delivered is limited to making up the shortages.
10.3 Time limit for claiming: No claims for shortages or loss will be considered after 7 days of receipt of Products.
11. Return of Goods for Credit or Refund:
Products supplied in accordance with the Buyer’s order can only be returned with the express approval of the Seller on the following conditions: (a) Requests to return Products must be submitted within 7 days from the date of shipping and the original invoice number must be quoted; (b) Where the return of Products is accepted (for credit or refund at the Sellers discretion) they must be delivered at the Buyer’s expense into the Sellers store or warehouse in original condition and packaging; (c) Returned Products are the Buyer’s responsibility until they reach the Seller; (d) The Seller shall not be responsible for misdirected shipments or Products lost or damaged in transit; (e) The Seller reserves the right to levy a restocking fee against any returns the Seller may agree to accept; (f) Such fees may be up to 15% of the invoice priced and levied at the Sellers absolute discretion; and (g) Any refunds (at the Sellers discretion) will be refunded in the form of the original payment method used by the Buyer.
12. Liability and Maintenance Guarantee
12.1 To the maximum extent permitted by law, the Seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any Product or any information supplied to the Buyer by the Seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.
12.2 To the maximum extent permitted by law, the Sellers liability to the Buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a Product supplied to the Buyer by the Seller shall be limited to the price paid by the Buyer for that Product.
12.3 To the maximum extent permitted by law, the Seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which the Buyer may directly or indirectly suffer in connection with the Buyer’s access to, use of, or reliance upon, any Product or any information supplied to the Buyer by the Seller.
12.4 In lieu of any warranty, condition, or liability by law, the Sellers liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use, maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 6 months of the date of supply, provided always that such defective parts are promptly returned to the Seller, unless otherwise arranged. All software is excluded from any such warranties.
12.5 At the termination of the period specified in clause 12.4 all liability on the Sellers part ceases.
12.6 The warranty does not cover damage from misuse, accident, the actions or omissions of a third party (whether malicious or otherwise), negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.
12.7 The Sellers liability under this contract and the warranty in this clause is confined to the Buyer named in this contract, it being agreed that the Seller has no liability to any purchase of the goods from the Buyer in that the Buyer’s rights under the contract are not transferable without the prior written consent of the Seller.
12.8 Errors or Omissions: The Seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the Sellers administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the Buyer. The Seller will notify the Buyer promptly of any error or omission discovered by the Seller, and gives the Buyer the option of returning the goods for a full refund.
13. Ownership and Risk
13.1 Ownership (a) Ownership of all Products sold by the Seller is retained by the Seller until the Seller has received the full price for the Products and the applicable delivery charges. This provision is designed to protect the Seller in the event of the bankruptcy, receivership or liquidation of the Buyer, a seizure of Products by a creditor of the Buyer or default in payment. (b) Until full payment is made the Buyer agrees to: 1. Enable the Products to be readily identifiable as the property of the Seller. 2. Maintain the Products so supplied in good order and condition and to return the Products immediately if called upon to do so by the Seller. 3. On a sale or other realisation of the Products the Buyer shall identify and separately account for the proceeds of sale.
14. Personal Property Securities Act 1999
14.1 Until full payment has been received for the Buyer’s order, the Buyer acknowledges and agrees that: (a) these Conditions of Use constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and (b) a security interest is taken in all Products previously supplied by the Seller to the Buyer (if any) and all goods that will be supplied in the future by the Seller to the Buyer (if any).
14.2 The Buyer undertakes to: (a) sign any further documents and provide any further information which the Seller may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register; (b) indemnify the Seller for all expenses incurred in registering a financing statement or financing change request on the Personal Property Securities Register or releasing any item charged thereby; (c) not register a financing change statement or a change demand on the Personal Property Securities Register without the Sellers prior written consent; (d) give the Seller not less than 14 days prior written notice of any proposed change in the Buyer’s name or any of the Buyer’s contact details.
14.3 Unless otherwise agreed to in writing by the Seller, the Buyer waives their right to receive a verification statement in accordance with section 148 of the Personal Property Securities Act 1999.
Once the Buyer’s order has been dispatched to the Buyer the Buyer assumes full responsibility for and risk in the Products.
16. Description and Prices
Description of Products Modifications and improvements to the Sellers Products, prices and data are constantly being made. Although the Seller has aimed to ensure that the Product and pricing information provided on its website is accurate, complete, and current, the Seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the Seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website. The Seller also relies on information from its suppliers and Product manufacturers and therefore the descriptions, illustrations and literature are not binding on the Seller. If the goods do not match the description on the Sellers website, the Buyer should inform the Seller immediately so that the Seller may take the appropriate action.
17. Gift Voucher Terms and Conditions
Gift Vouchers if provided at all, are non-refundable, not exchangeable for cash, not valid for purchasing further Gift Vouchers and no change will be given. They are valid for 3 months from the date of issue. It is the responsibility of the Gift Voucher holder to redeem it prior to the expiry date as the Seller is unable to amend the date once a Voucher has been issued.
18. Force Majeure
The Seller shall not be liable to the Buyer for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of a contract for the sale and purchase of Products where such delay or failure is outside the Sellers reasonable control including without limitation as a consequence of third party action or omission, illness, natural disaster, technical failure or interruption.
The Buyer shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any Products purchased from the Seller.
20. Changes to these Conditions of Use
The Seller reserves the right to change these Terms and Conditions from time to time by publishing the changed terms on the Sellers website. When revised Terms and Conditions are published on this website, all orders submitted by the Buyer after the revised Terms and Conditions are published shall be subject to the revised Terms and Conditions.
If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
22.1 Protecting your Information: The Personal Customer Information the Buyer provides (including credit card information) to establish an account with and to make purchases from the Seller is secured using Secure Sockets Layer (SSL) encryption technology. The Seller uses this SSL technology to prevent such information from being intercepted and read as it is transmitted over the Internet.
22.2 Password Security: To further secure the Buyer’s Personal Customer Information, the Buyer will create a password when they establish an account with the Seller. The Buyer must keep their password secret and not share it with anyone. The only way a Buyer can place an order with the Seller on-line is by entering both the Buyer’s registered e-mail address and password.
22.3 Remember to Log Out: To prevent unauthorised access to the Buyer’s account, the Buyer should log out once they have finishing using the site. Anyone who has access to the Buyer’s computer after they have signed in, but before you have signed out, can access the Buyer’s account. The Buyer can also log out by closing their internet browser unless the Buyer specifically selects the remember my password option when they signed in.
22.4 Safe Shopping Guarantee: By law, a credit card issuer cannot make the Buyer liable for charges in excess of NZ$50.00 that result from the unauthorised use of the Buyer’s credit card. Exceptions do apply, and the Buyer will have to comply with the rules of their credit card or debit card issuer. The Buyer recommends the Buyer contact their card issuer for further details.
22.5 Mailware: The Seller accepts no responsibility for any mailware caught from accessing the Sellers website. If the Seller determines that the Buyer has sought to upload any kind of mailware the Buyer will be permanently banned and such sanctions as may be permitted by law will be pursued.
B. Consumer data policy – ie we will not sell, trade or share your personal info with third parties
23.1 The Seller is 100 per cent committed to protecting their customers’ security and privacy.
23.2 The Seller will not pass on any Buyer’s details to any third party.
23.3 The Information Collected by the Seller: When a Buyer uses the Sellers site, the Seller receives and collects certain information. The information that the Seller receives and collects depends on what the Buyer does when they visit the Sellers website.
23.4 Information Collected: Some information is automatically received and sometimes collected from the Buyer when they visit the Sellers website. The Seller receives and collects the name of the domain and host from which the Buyer accesses the Internet; the Internet protocol (IP) address of the computer the Buyer is using; the browser software the Buyer uses and the Buyer’s operating system; the date and time the Buyer accesses the Sellers website; and the Internet address of the website from which the Buyer linked directly to the Sellers website. The Seller uses this information to monitor the usage of its website via normal server log files.
23.5 Information Submitted to the Seller: For most of the browsing services the Seller provides, the Seller neither requires nor collects Personal Customer Information. The Buyer can browse the Sellers website and take as much time as they want to review the Sellers Products, services and reviews without having to submit such Personal Customer Information. Even when the Buyer uses the Sellers shopping cart as they browse, there is no need to submit Personal Customer Information.
23.6 Use and Sharing Personal Customer Information: Occasionally the Seller uses personal customer information to market Products and services. The Buyer can opt-out from the Seller using the Buyer’s information for this purpose at any time.
23.7 Linking to Third-Party Websites: When the Buyer clicks on links and banners on the Sellers site that take the Buyer to third party web sites, the Buyer will be subject to the third party’s privacy policies. While the Seller supports the protection of privacy on the Internet, the Seller cannot be responsible for the actions of any third-party web sites.
23.8 The Buyer has a right to access personal information held by the Seller about the Buyer and to request correction of any errors.
23.9 The Seller shall retain information about the Buyer for no more than 7 years or as may be required by law.
24. Disputes and Governing Law
24.1 Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996. 24.2 These Terms and Conditions (and any contracts to which these Terms and Conditions apply) shall be governed by the laws of New Zealand and the courts operating out of Wellington, New Zealand shall have the exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms and Conditions (and any contracts to which these Terms and Conditions apply).
What we do with the date you give us
Your privacy is important to us. This Privacy Statement explains how THE POOL DOCTOR WAIKATO LIMITED, use and disclose Personal Information that we obtain through the URL: www.swooppools.co.nz (“Web Site”).
“Personal Information” refers to all and any information relating to you (including, but not limited to your name, contact numbers, email address, mailing address, password and Internet Protocol address) obtained by us via your access to or use of the Web Site.
Your access and use of the Web Site (including providing of your Personal Information) constitutes your consent to the processing and transfer of your Personal Information in accordance with this Privacy Statement.
In order to serve you better, we may update this Privacy Statement from time to time. We encourage you to periodically review this Web page so as to be informed of any changes to this Privacy Statement.
1. Collection and Use
1.1 We may collect the following information when you access the Web Site:
(a) Anonymous web statistics collected as you browse the website
(b) Personal Information you knowingly provide us when you (i) apply for an account, (ii) sign up for our newsletter, (iii) submit a question or provide feedback or otherwise contact us or request information from us, (iv) carry out a transaction through the Web Site
1.2 We may also collect and process Personal Information from other entities in The Pool Doctor Waikato network or from a third party who may lawfully pass to us information about you, including but not limited to our suppliers, agents as well as authorized dealers and resellers.
1.3 You agree we may use your Personal Information to:
(a) monitor use of, customize, measure and improve our services, content and advertising;
(b) provide services and customer support you request;
(c) allow you to participate in contests and surveys;
(d) send you marketing, service updates and promotional offers you request; and
1.4 We shall not be liable for data input errors arising from your registration or submission of Personal Information.
2. Cookies and Passive Tracking
2.1 A “cookie” is an element of data that can be sent to your browser. Your browser may then store it on your system based on the preferences you have set on your browser. Cookies gather information about your operating system including, but not limited to, browser type, and Internet Protocol address.
2.3 You have the option to configure your internet browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. Further, you have the option to block all cookies. Please note, however, that if you refuse or otherwise block cookies you may not be able to use all of the functionality available on the Web Site.
3. Access, Correction and Withdrawal of Consent
3.1 We provide individuals with access to their Personal Information where we believe appropriate, including in situations where you are entitled to access and review your Personal Information under applicable data protection and privacy laws. If you wish to access, update or withdraw consent for the use of the Personal Information that you have submitted through the Web Site, or to make any inquiries about the processing of such information, please contact us as described in Section 8.
4. Security and Safeguards
4.1 We will use commercially reasonable endeavours to place appropriate security safeguards to protect your Personal Information against unauthorized access or accidental loss.
4.2 Our employees are aware of the importance of maintaining confidentiality of the Personal Information collected.
4.3 We recommend you take every precaution in protecting your Personal Information when you are on the Internet. While we strive to protect your Personal Information, we are unable to give an absolute assurance for the security of the information you transmit over the Internet.
4.4 Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Web Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
5. Disclosure and Retention
5.1 We may provide or transfer your Personal Information you provide to other entities in The Pool Doctor Waikato network, our authorised dealers and resellers as well as our suppliers and agents in accordance with Section 4.1 within the purpose of use described in Section 1.3, but will not share or disclose your personal information to other third parties without your permission unless.
(a) required to do so in compliance with any law, regulation, subpoena or court order;
(b) upon the request of a government, regulatory or law enforcement agency;
(c) for the investigation and help to prevent security threats, fraud or other malicious activity;
(d) to enforce/protect the rights and properties of The Pool Doctor Waikato or its affiliates; or
(e) to protect the rights or personal safety of The Pool Doctor Waikato employees and third parties.
5.2 We do not keep personal information for longer than is necessary for those purposes for which they are collected.
6. Protection of Minors
6.1 If you are under the age of 18 years, please do not submit any Personal Information without the consent from your parent(s) or legal guardian.
7. Third Party Web Sites and Social Media Sites
7.1 The Web Site may contain links to other web sites hosted by third parties whose privacy practices may differ from us. We do not endorse or make any representations about these third party websites and will not be responsible for the privacy practices or the content of these sites, even if they appear as part of the Web Site. The Personal Information you choose to provide to or that is collected by these third parties is not covered by this Privacy Statement. If you link to or otherwise visit any these third party websites, please review their respective privacy policies.
7.2 The Web Site may provide social media features that enable you to share information with your social networks and to interact with us on various social media sites. Your use of these features may result in the collection or sharing of information about you, depending on the feature. Please review the privacy policies and settings on the social media sites with which you interact so as to ensure that you understand the information that could be shared by those sites.
7.3 We expressly disclaim to the maximum extent permissible at law any liability for the security or privacy practices included on or operated by the operators of third party websites and social media sites.
8. Contact Information
8.1 If you need assistance accessing or updating your Personal Information we have collected or if you have any questions relating to this Privacy Statement, please write to our Customer Service Officer at the following email address: [email protected]
9.1 This Privacy Statement provides a general statement on the ways in which we aim to protect and use your Personal Information. You may however, in connection with any specific products or services offered by us or a member of the The Pool Doctor Waikato network, be provided with privacy policies or statements that supplement this Privacy Statement.