1 Preliminary
1.1 https://globalpoolsupplies.com.au/ is a website (Site) operated by Global Pool Supplies (AU) Pty Ltd ACN 649 396 529 of
3, 123 Bancroft Road, Pinkenba Queensland 4008. The Site allows visitors to purchase pool equipment, cleaning products and ancillary items for swimming pools listed on the Site for sale (Products).
1.2 In these Terms and Conditions:
(a) “Us”, “Our” or “We” means Global Pool Supplies (AU) Pty Ltd ACN 649 396 529 or any of its Related Bodies Corporate; and
(b) “You”, “Your” means the purchaser of the Products.
1.3 These Terms and Conditions (in conjunction with the privacy policy at https://globalpoolsupplies.com.au/privacy-policy/) form the complete agreement governing Your use of the Site and the sale of Products by Us to You.
1.4 By creating a Site Account, You acknowledge that You have read and understood these Terms and Conditions and You agree to be bound by these Terms and Conditions. The purchase of Products via Your Site Account will be deemed conclusive evidence of Your acceptance of these Terms and Conditions.
1.5 We may update and change the Site from time to time to reflect changes to Our Products, prices, Our users’ needs, changes in law and Our business priorities without notice to You. Where We vary the Terms and Conditions, We will notify You of the variations and the variations will apply from the date the varied Terms and Conditions are posted on the Site.
2 Site Account
2.1 To place an order for Products with Us, You need to create a Site Account by providing a valid email address, username and password and supplying relevant customer and payment information (such as Your name, delivery address and card details).
2.2 You may only have one active registered Site Account and this account is non-transferable. You may update or edit Your details at any time through the Site or terminate Your Site Account by contacting Us. We may ask You to provide certain information in order to verify Your identity prior to termination.
2.3 If You do not provide the information required to create a Site Account, You will not be able to purchase Products from Us.
2.4 Except to the extent caused by a breach of these Terms and Conditions, You acknowledge that You are responsible for:
(a) the accuracy of information that You provide when creating a Site Account including delivery addresses and payment information;
(b) all orders that You place with Us via Your Site Account, regardless of whether the order is authorised by You or undertaken by You, Your employees or a third party and We are not responsible for unauthorised access to Your Site Account;
(c) maintaining the confidentiality of Your Site Account including username and password and for restricting access to Your Site Account.
2.5 You acknowledge that We rely on the information in Your Site Account to deliver the Products to You and We are not liable for any loss or damage that You incur as a result of You providing incorrect or incomplete information in Your Site Account.
2.6 We may immediately suspend or terminate Your access to and use of the Site Account if:
(a) We reasonably suspect that You have committed a fraudulent act; or
(b) You have breached these Terms and Conditions and the breach cannot be remedied or You fail to remedy the breach within 10 days of Our notice to You of that breach.
3 Products
3.1 Products shown on the Site are available for purchase by You in the quantity and/or size You select, subject to current stock availability.
3.2 We use reasonable endeavours to display Products on the Site as accurately as possible. However, We do not warrant that images or stock levels are completely accurate, up-to-date, or free from errors. Product photos are for illustrative purposes only, and the actual size and colour of the Products You receive may vary slightly from those shown on the Site. You should contact Us to discuss specific requirements for any Products.
4 Orders
4.1 An order will be placed with Us when You add Products to the cart section of Your Site Account and make payment for these Products.
4.2 Payment must only be made by electronic funds transfer using a valid debit or credit card.
4.3 You will receive email confirmation from Us when Your order is accepted. Each accepted order creates a separate binding agreement between You and Us for the supply of the Products in the order to You.
4.4 Subject to clause 4.5, an order may only be cancelled by You prior to that order being dispatched and You must contact Us during Trading Hours on the same day that You place an order on the Site Account to cancel that order. Orders that have been dispatched for delivery cannot be cancelled.
4.5 If We become aware that Your order cannot be dispatched (in part or in full) due to insufficient stock levels, We will contact You with an estimated timeline in which We will be able to fulfill Your order. You may request a cancellation of Your order and be entitled to a full refund if You are not satisfied with this timeline.
4.6 We may stop making the Site (or any part of it) available without prior notice. If We do, this will not affect any existing orders You have made through the Site Account unless the relevant Product is no longer available or We are prevented from supplying the relevant Product, in which case, We will notify You and arrange for reimbursement of Your payment.
5 Price
5.1 Unless otherwise expressly stated, the amount payable by You for the Products is the price in Australian dollars listed on the Site at the time that You place an order with Us plus applicable charges and GST. These prices are subject to change without notice and may increase or decrease on the same day that You place an order.
5.2 The price for the Product listed on the Site excludes all freight and transportation costs and other charges or costs associated with the delivery by Us of the Products to You and is exclusive of GST.
5.3 The total price payable by You for the purchase and delivery of the Products will be calculated in respect of the Products selected for purchase by You and will be shown in the cart section of Your Site Account prior to payment.
5.4 The freight costs payable by You depends on Your geographic location and the number of Products that You purchase.
6 Delivery of Goods
6.1 We will arrange delivery of Products purchased by You to the delivery address listed by You on Your Site Account. This address must be a physical location in Australia accessible to third parties authorised by Us to deliver the Products.
6.2 If an authorised third party is not able to leave the Products at Your nominated delivery address, the Products will be returned to Our premises and You will be required to pay for any re-delivery of these Products.
6.3 We will use reasonable endeavours to ensure that the Products are ready to be dispatched for delivery by the next Business Day after You pay for the Products.
6.4 Any dates given for delivery by Us are stated in good faith but are not to be treated as a term of these Terms and Conditions and any late delivery will not constitute a breach of these Terms and Conditions.
7 Title to Products
7.1 Title to the Products does not pass to You until We receive payment in full (in cleared funds) for the Products purchased by You on the Site Account.
7.2 The risk of loss of, or damage to, the Products passes to You when the Products are delivered to Your nominated address for delivery or otherwise left at the location specified in clause 6.2.
8 Defects
8.1 You should report to Us any shortage, discrepancy, wrong specification, defect or damage with a Product to Us upon delivery as soon as possible. We will promptly attend to any discrepancy, shortage or wrong specification with Your order once You have notified Us.
8.2 Unless You are a Consumer, all claims for damaged or defective Products must be made by giving written notice to Us within seven (7) days from the date of delivery. Claims must be made to sales@globalpoolsupplies.com.au or the email address otherwise specified by Us for customers to contact Us.
8.3 Following receipt of a claim under clause 8.2, one of Our Personnel will assess the Products via a video call with You and You agree to reasonably assist Our Personnel with identifying and discussing any damage or defect. You may be refused a refund, repair or replacement where You have substantially modified or misused the Product.
8.4 Upon acceptance of Your claim by Us, You must either:
(a) destroy the Products during the video call with Our Personnel; or
(b) return the Products to Us (and We will be responsible for Your costs in returning the Products to Us).
8.5 Once the Products have either been destroyed or returned to Us and unless otherwise agreed between You and Us, We will apply a credit to Your credit or debit card linked to Your Site Account of an amount equal to the price You paid for the Product plus any costs You incurred in returning the Product to Us (if applicable).
8.6 If You are a Consumer, We acknowledge that You may have certain rights under the Australian Consumer Law in respect of damaged or defective Products supplied by Us and nothing in these Terms and Conditions is to be interpreted as attempting to exclude, restrict or modify the application of any such rights.
9 Change of Mind Returns
9.1 Subject to clauses 9.2 and 9.3, We will only accept change of mind returns within fourteen (14) days from the date of delivery of the Products.
9.2 Should You decide to return Products within the permitted timeframe, You will be responsible to freight the Products back to Us (together with any manufacturer’s warranty or information that accompanied the Products) and You will bear all freight costs and risks of having the Products returned to Us.
9.3 The Products returned must be clean, unaltered, undamaged and in saleable condition.
9.4 We may charge You a restocking fee of up to 15% of the price for the returned Products and this charge shall be deducted from any refund We return to Your listed credit or debit card linked to Your Site Account.
9.5 We do not offer an exchange or store credit for Products returned under this clause 9.
10 Warranties
10.1 If You are a Consumer, We make each guarantee required as a provider to a Consumer under Part 3-2 of the Australian Consumer Law but only to the extent required having regard to the nature of the Products and Your consumer category. If You are a non-consumer, any advice recommendation or information is provided without liability for Us to the maximum extent permitted by law.
10.2 We will disclose to You any manufacturer warranty that applies to Products purchased by You. This clause does not limit or exclude any rights or guarantees that You have under the Australian Consumer Law.
11 Our Liability
11.1 All rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms that are not expressly set out in these Terms and Conditions (other than Implied Terms) are expressly excluded to the maximum extent permitted by law.
11.2 If You are a Consumer and the Products are PDH Goods, We acknowledge that You may have certain rights under the Australian Consumer Law in respect of the Consumer Guarantees as they apply to the Products supplied by Us and nothing in these Terms and Conditions is to be interpreted as attempting to exclude, restrict or modify the application of any such rights.
11.3 If You are a Consumer and the Products are not PDH Goods, Our liability to You in connection with any breach of the Consumer Guarantees in respect of those non PDH Goods is limited (at Our discretion) to:
(a) the replacement of the Products or the supply of equivalent Products;
(b) the repair of the Products; or
(c) the payment of the cost of replacing the Products or acquiring equivalent Products again.
11.4 To the maximum extent permitted by law, You acknowledge and agree that We shall not be liable for any loss or damage:
(a) arising from the deterioration of the Product, misdelivery (place, date, time, quantity) or delays with delivery of the Products for any reason whatsoever;
(b) that are indirect or consequential such as, without limitation, loss of profit or anticipated profit, loss of data, loss of use, losses arising from third party Claims, damage to goodwill and losses due to delays;
(c) that is concealed or caused by the inherent vice or nature of the Products howsoever caused; or
(d) arising by reason of any delay by Us to perform or from a failure to perform any obligation where such delay or failure is due to any event that is beyond the reasonable control of Us including (without limitation):
(i) act of God, explosion, flood, tempest, fire or accident;
(ii) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
(iii) acts, restrictions, regulations, by-laws, prohibitions or measure of any kind on the part of any governmental, parliamentary or local authority;
(iv) import or export regulations or embargoes; or
(v) strikes, lock-outs or other industrial actions or trade disputes (whether involving Our employees or of a third party).
11.5 You acknowledge that You may not have rights under the Australian Consumer Law against Us for a claim that the Products are not of acceptable quality, or such rights may be diminished, where:
(a) the reason or reasons for the Products not being of acceptable quality were specifically drawn to Your attention before making an order; or
(b) when You examined the Products prior to taking possession as required under clause 8.1, the examination revealed, or ought reasonably to have revealed, that the Products were not of acceptable quality and You accepted these Products.
12 Your Obligations
You acknowledge and agree that:
(a) all information and data provided by You through, or in connection with Your use of the Site and Your Site Account is true, accurate, complete and up to date;
(b) You will comply with all relevant laws and any reasonable instructions We give You relating to Your use of the Site, Your Site Account and placement of orders to Us;
(c) You will promptly notify Us if You suspect or become aware that there is or has been an unauthorised use of the Site Account, or any other security breach relating to the Site Account and You will take immediate steps to re-secure Your Site Account (including changing Your password);
(d) You will not:
(i) use the Site or Your Site Account for any activities that breach any laws or infringe Our Intellectual Property Rights;
(ii) do anything that interferes with or adversely affects the normal operation of the Site (including the ability of others to access and use the Site).
13 Your Liability and Indemnity
13.1 You acknowledge and agree that You shall install, use, and operate the Products at Your own risk and You are solely responsible for determining whether the Products are suitable for Your purposes.
13.2 Any loss or damage that occurs after the Product has been dispatched By Us shall not relieve You from performing any obligation under these Terms and Conditions.
13.3 To the maximum extent permitted by applicable laws, You release Us from, and indemnify Us against Claims, actions, demands, losses and damages arising from or in connection with:
(a) damage and injury to any person or property (including the Products) in connection with the use or installation of these Products however occurring, except to the extent caused by negligence by Us;
(b) any infringements or alleged infringement of any Intellectual Property Rights;
(c) a willful, unlawful or negligent act or omission by You;
(d) any breach of these Terms and Conditions by You.
13.4 This indemnity is a continuing obligation, separate and independent from the other obligations of the parties.
13.5 It is not necessary for Us to incur expense or to make any payment before enforcing a right of indemnity conferred by this clause 13 and You will pay on demand money due to Us under an indemnity.
14 Intellectual Property
14.1 All Pre-existing IP Rights remain Our sole property.
14.2 You grant Us a non-exclusive, royalty-free, non-transferable licence to use Intellectual Property Rights owned by You for the sole purpose of Us suppling the Products.
15 Dispute Resolution
15.1 Both parties must attempt to settle any dispute arising out of or in connection with the Terms and Conditions in accordance with this clause 15 prior to commencing litigation.
15.2 If the dispute cannot be resolved by negotiation within seven days of either party notifying the other party in writing of the dispute, either party may submit the dispute to mediation.
15.3 The mediator of the dispute must:
(a) be an accredited mediator nominated by the Chair of the Resolution Institute;
(b) must be asked to give directions to both parties about the conduct of, including the rules governing, the mediation.
15.4 Both parties must:
(a) comply with the mediator’s directions about the conduct of the mediation;
(b) cooperate with the mediator and each other during the mediation; and
(c) contribute equally to the costs of the mediation (including the fees and expenses of the mediator).
15.5 At the mediation both parties may have one or more other persons present to assist and advise each party, including legally qualified persons (at the expense of the party being represented).
16 General
16.1 These Terms and Conditions govern the entire agreement between the parties and supersede all prior representations, agreements, statements and understandings between You and Us.
16.2 These Terms and Conditions shall be governed by and construed in accordance with the laws of Queensland and the parties submit to the exclusive jurisdiction of the courts in Queensland.
16.3 The parties agree that proceedings may be commenced in any court in Queensland and consent to that court having jurisdiction by virtue of clause 16.2 even though the court would not otherwise have such jurisdiction without this consent.
16.4 Any failure by Us to insist upon strict performance of these Terms and Conditions herein shall not be deemed a waiver thereof of any right that We may have and shall not be deemed to be a waiver of any subsequent breach of these Terms and Conditions.
16.5 In the event that the whole or any part or parts of any provisions in these Terms and Conditions should be held to be void or unenforceable in whole or in part such provision or part thereof shall to that extent be severed from these Terms and Conditions but the validity and enforceability of the remainder of these Terms and Conditions shall not be affected.
17 Definitions and Interpretation
17.1 The meaning of the terms used in these Terms and Conditions are set out below:
| Term | Meaning |
| Australian Consumer Law | refers to the consumer law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) |
| Claim | a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent |
| Consumer | an individual or body corporate which acquires goods for personal, domestic or household use or for less than the monetary threshold set out in Australian Consumer Law |
| Consumer Guarantees | the consumer guarantees set out in the Australian Consumer Law |
| GST | the goods and services tax levied pursuant to the A New Tax System, (Goods and Services Tax) Act 1999 (Cth) |
| Implied Terms | any term, condition, warranty, right or remedy applicable to these terms that is implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include the Australian Consumer Law and Australian state or territory legislation |
| Intellectual Property Rights | all intellectual property rights of any kind, in any jurisdiction, subsisting now or in the future (including, without limitation, business, company or trade names, domain names, patents, inventions, copyright, design rights, know-how, trade marks, the right to sue for passing off and rights to use, and protect the confidentiality of, confidential information), whether registered or unregistered, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration |
| PDH Goods | means goods which, for the purposes of section 3(1) of the Australian Consumer Law, are a kind ordinarily acquired for personal, domestic or household use or consumption |
| Personnel | any officer, director, employee, agent, consultants and representatives of a party |
| Pre-existing IP Rights | Intellectual Property Rights in all materials owned by Us or independent of these Terms and Conditions |
| Products | the meaning given in clause 1.1 |
| Related Body Corporate | has the same meaning as in the Corporations Act 2001 (Cth) |
| Site | the meaning given in clause 1.1 |
| Site Account | Your customer account on the Site which allows You to purchase Products listed on Our Site |
| Trading Hours | Monday to Friday, 8am to 4pm excluding public holidays and the Christmas shutdown period which will be up to 2 weeks each year. The Christmas shutdown period for next two years will be, as follows: 2026/2027: 23 December 2026 to 4 January 2027 2027/2028: 23 December 2027 to 4 January 2028 |