Terms of Use
GENERAL
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.
We may change, move or delete portions of, or may add to, our Site from time to time.
SITE CONTENTS
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to <%=website%> on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain property of the website. Such disclosure, submission or offer of any Comments shall constitute an assignment to <%=website%> of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, <%=website%> will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. <%=website%> is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that <%=website%> may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that <%=website%> may use your information for marketing and promotional purposes.
<%=ucase(website)%>'S COMMUNICATIONS TO YOU
You agree that <%=website%> may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of <%=website%> products or services, or for such other purpose(s) as <%=website%> deems appropriate.
COLORS
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which <%=website%> does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT <%=ucase(website)%> SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
INACCURACY DISCLAIMER
From time to time there may be information on <%=website%> that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your <%=website%>.com purchase you may return it only by mail. Please see our Return Policy.
INDEMNIFICATION
You agree to defend, indemnify and hold <%=website%> harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
MISCELLANEOUS
Unless otherwise specified and except to the extent <%=website%> products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting <%=website%>'s products and services available in the United States and select foreign markets. This Site is controlled and operated by <%=website%> from its offices in <%=storecity%>, <%=storestate%>.
This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Florida, County of Okeechobee.
Refund & Delivery Policy
Returns and exchanges, if applicable, must be made within 15 days of receipt of goods. Returns or exchanges after 15 days will not be accepted. All returns and exchanges will comply with our normal return policy.
Once a sale is made and payment completed, the item(s) your ordered are considered to be in process. Once an order is in process, it can be cancelled but there may be restocking fees, handling fees, shipping fees, and other fees that may be applied to a cancelled order. Order for items such as liners, covers, items that are sanitary in nature such as saunas, etc, cannot be returned. Custom orders may not be returned as they are ordered specially for you and cannot be resold to another customer. Items such as liners, pool kits, or any other special order merchandise may not be returned.
If you choose to return an item or refuse delivery on an item, you will be responsible for the shipping incurred by us to send the products to you, as well as the shipping to send the goods back to us or our suppliers. You will also be subject to a 25% restocking fee on allowable returned items. All items MUST be in new condition with all proper packing material and paperwork shipped back to us. If the goods cannot be sold in NEW CONDITION, a refund will not be issued and goods will be rejected, or available for you to pickup and ship back to yourself.
Be sure that the item you are ordering is what you want and the size, color, shape, design, etc is exactly what you are looking for. If you are not sure, please ask us for any additional information prior to purchase. Returning an item can become costly and the credit card company will refer to this page as a reference that you understand this information, and accept these terms and conditions posted on the check out screen. The credit card company will not be able to dispute the transaction if you simply decide to return the goods, or refuse delivery. The above fees would still apply with no recourse.
How to properly receive your goods
Please read the below information as you need to understand your rights as a consumer and what you need to do at delivery. READ THE PAPERS YOU ARE SIGNING. It clearly states your rights and what you are signing. Be sure to note ANY exceptions on the BILL OF LADING prior to signing.
If you receive missing or damaged merchandise, you need to notify the carrier upon receiving the order. Note on the freight bill the problem you encountered. You will need to contact us right away at <%=storephone%> so we can get your missing or damaged parts shipped to you immediately. Damaged items need to be sent back and refused in order to get proper replacement for no charge.
FAILURE TO CHECK YOUR PRODUCTS FOR DAMAGE AT DELIVERY WILL RESULT IN YOUR PAYING FOR MISSING OR DAMAGED ITEMS. YOU MUST CHECK THE GOODS COMPLETELY BEFORE SIGNING ANY PAPERWORK. READ THE PAPERWORK YOU ARE SIGNING FROM THE DRIVER. IT CLEARLY STATES YOU ARE SIGNING THAT THE GOODS ARE IN PERFECT CONDITION UNLESS OTHERWISE NOTED. CLEARLY INDICATE WHAT IS WRONG WITH THE GOODS ON THE BILL OF LADING.
If you didn’t sign your Bill of Lading as damaged, we will have no resource except to file a claim and see if the freight line will pay for it. If they pay the claim, we can send you the parts. If not, you will have to pay for the parts, or try to get your own claim filed. We are only responsible for goods if we have a signed copy of the BOL from you indicating the goods are damaged, with a detailed description of the problem. You have 48 hours to check the goods and file your own concealed damage claim. Companies do not always pay on concealed damage so you should fully check the entire order upon delivery.
Wrong Order – Our Mistake
If you placed an order and we made the mistake of shipping out the wrong goods, we will be responsible for the fees involved in the pickup of the goods. Wrong order does not include substitutions for a better quality item or slight variances in colors, etc. This is for completely incorrect items.
Wrong Order – Customer Mistake
If the order was a mistake on your part, you will need to pay for shipping back to us as well as be subject to a possible 25% restocking fee and the shipping we incurred to get it to you. There may be other handling fees as well. You are responsible for your own mistakes on any order. If you place an order over the phone, you are responsible for the order as we can only order what you tell us. Please place your order online to be sure you are ordering the correct items. An email is sent to you with your ordered items. Confirm this information as soon as you order your goods to make sure its 100% correct PRIOR to shipping.
Payment
I agree that we will pay our credit card, paypal, google transactions, etc according to our card holder agreement. I
further agree and understand that I may not file a chargeback for any reason except a case of a fraudulent transaction
that I did not make. Agreeing to purchase goods from <%=storename%> will waive my rights to a chargeback
against <%=storename%>. Any fees associated with collecting unpaid funds, goods, fees, or services will be charged
to the customer at the fullest extent available under law. If the an account falls into collections, the standard collection fee is 30%
of the total invoice plus any other applicable fees.
Refunds
All orders are processed and charged to you in US Dollars. Any credits, refunds, exchanges, etc will be refunded back to you in US Dollars only.
We are not responisble for any conversion rate outside of the US Dollar. We do not convert any currency for you to make a purchase
nor to we collect funds from you in a currency other than the US Dollar.
Delivery
See above: How to properly receive your goods
Delivery is curbside only. You will need to arrange to bring the products into your home or yard. The freight line on large orders is only allowed to deliver to your curb. You will need to inspect all goods prior to signing for the merchandise to assure there is no damaged or missing parts.
In the event of freight damage, replacement parts can be sent out to solve most issues with your items. We would need to ensure the freight bill was signed as damaged and would require you to send pictures of the damaged items to us in email or regular mail. Upon receiving pictures, we can start the process to solve your issues. Parts can only be sent out if you signed as damaged, or we have a paid freight claim from the carrier.
We strive to have 100% customer satisfaction and realize that problems can occur with merchandise during shipping. Please advise the driver of any problems before you sign and get all problems in writing signed by you and the driver. With proper documentation, we can all get what we want in the end; A happy homeowner with a pool, and summers full of fun and enjoyment.
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