Terms & Conditions​

These Terms & Conditions apply to purchases, quotes, pool servicing, equipment supply, equipment installation, chemical sales, water testing, promotions and any other goods or services supplied by Whitsunday Pool Shop.

By purchasing from us, accepting a quote, booking a service, using our website or engaging us to carry out work, you agree to these Terms & Conditions.

Nothing in these Terms & Conditions excludes, restricts or modifies any rights you may have under the Australian Consumer Law.

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1. Business details

Whitsunday Pool Shop provides pool shop retail products, pool chemicals, pool servicing, water testing, equipment supply, repairs, installations and related pool care services.

All prices, quotes and invoices are in Australian dollars.

Prices may change without notice unless a written quote has been accepted within its valid period.

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2. Price Beat Guarantee

Whitsunday Pool Shop offers a Price Beat Guarantee on selected pool shop products.

If you find a lower advertised in-store price from another retail store, we will do our best to beat that price, provided the product and price meet the conditions below.

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Eligible products

The Price Beat Guarantee only applies to products that:

• are currently stocked by Whitsunday Pool Shop;

• are the exact same brand, product, size, weight, volume, strength, model, pack quantity and specification;

• are new, unused, unopened and in original packaging;

• are available for immediate purchase from the competing store; and

• are being sold to the general public at the advertised price.

The offer does not apply to similar products, substitute products, different brands, different sizes, damaged goods, second-hand goods, expired stock, clearance items, discontinued items, special-order items or bulk-only offers.

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Competitor price requirements

The lower price must be from a genuine physical retail store.

The Price Beat Guarantee does not apply to:

• online-only stores;

• online marketplace listings;

• overseas sellers;

• auction sites;

• private sellers;

• social media listings;

• membership-only prices;

• trade-only prices;

• wholesale prices;

• commercial contract prices;

• quotes from installers, contractors or service providers;

• liquidation sales;

• closing-down sales;

• pricing errors; or

• prices that cannot be verified.

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Local Price Beat Area

The Price Beat Guarantee only applies to prices from local retail stores within the Whitsundays and surrounding local trade area.

For the purpose of this offer, a local competitor means a physical retail store located within a reasonable local shopping distance from Whitsunday Pool Shop.

Prices from stores outside our local area are excluded unless approved by Whitsunday Pool Shop management.

The Price Beat Guarantee does not apply to prices from:

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• online-only stores;

• stores located outside the local Whitsundays trade area;

• interstate stores;

• overseas sellers;

• marketplace sellers;

• wholesalers;

• trade suppliers;

• private sellers; or

• businesses that do not operate as a direct local retail competitor.

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Whitsunday Pool Shop reserves the right to decide whether a competitor is considered local for the purpose of the Price Beat Guarantee.

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Proof of lower price

Customers must provide proof of the lower price before purchase.

Acceptable proof may include:

• a current printed catalogue;

• a photo of the competitor’s in-store shelf price;

• a written quote from a competing retail store;

• a current advertisement from a physical retail store; or

• other proof accepted by Whitsunday Pool Shop.

The proof must clearly show the competitor, product, price, date and product details.

Whitsunday Pool Shop may verify the price before applying the Price Beat Guarantee.

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Price Beat amount

Where an eligible lower price is verified, Whitsunday Pool Shop will beat the competitor’s price by $1.00, unless otherwise agreed by management.

The Price Beat Guarantee applies to the product price only.

It does not include freight, delivery, installation, labour, call-out fees, service charges, chemical dosing, payment surcharges or any other additional charges.

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Exclusions

The Price Beat Guarantee does not apply to:

• pool servicing;

• call-out fees;

• labour;

• repairs;

• equipment installations;

• water testing services;

• commercial supply agreements;

• resort pricing;

• body corporate pricing;

• bulk supply agreements;

• special orders;

• custom orders;

• delivery-only orders;

• promotional bundles;

• bonus offers;

• free items;

• coupons;

• loyalty rewards;

• store credit offers; or

• prices below Whitsunday Pool Shop’s cost price, unless approved by management.

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Whitsunday Pool Shop may limit quantities under the Price Beat Guarantee.

This offer cannot be combined with any other discount, account pricing, trade pricing, loyalty offer or special deal unless agreed by Whitsunday Pool Shop.

Whitsunday Pool Shop may change, suspend or withdraw the Price Beat Guarantee at any time.

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3. Quotes and estimates

Quotes are valid for 14 days unless otherwise stated in writing.

A quote may be withdrawn or amended if:

• product costs change;

• supplier pricing changes;

• freight costs change;

• site conditions are different from what was described;

• extra work is required;

• parts are unavailable;

• the customer changes the requested work; or

• there is an error in the quote.

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Quotes are based on the information available at the time.

Any work, parts, chemicals, labour, freight or materials not specifically included in the quote may be charged separately.

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4. Pool servicing

Pool servicing may include water testing, cleaning, brushing, vacuuming, emptying baskets, checking equipment, backwashing, adding chemicals, minor adjustments and general pool care, depending on the service booked.

Chemicals are charged separately unless clearly stated otherwise.

A standard service does not include major repairs, equipment replacement, green pool recovery, leak detection, plumbing work, electrical work, pressure testing, major stain removal, filter media replacement or any work requiring specialist parts or additional labour, unless agreed separately.

Service results may vary depending on:

• pool condition;

• water balance;

• weather;

• rain;

• bather load;

• equipment condition;

• pump run time;

• filtration performance;

• water level;

• previous chemical treatment;

• debris load;

• algae growth;

• leaks;

• poor circulation; or

• hidden faults.

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We will take reasonable care when servicing your pool, but we cannot guarantee that a pool will remain clean, clear, balanced or algae-free after service if outside factors affect the pool.

5. Green pool recovery

Green pool recovery can take more than one visit.

The time required depends on the condition of the pool, algae level, water chemistry, filtration, circulation, debris load and equipment performance.

We do not guarantee same-day results or that a green pool will clear within a specific timeframe unless confirmed in writing.

Additional chemicals, labour, filter cleaning, vacuuming, waste removal, equipment repairs or repeat visits may be required and may be charged separately.

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6. Customer responsibilities

Customers must provide safe and reasonable access to the pool, equipment and work area.

The customer is responsible for:

• ensuring gates are unlocked or access is arranged;

• securing dogs and other animals;

• maintaining a safe work area;

• advising us of known hazards;

• ensuring the pool has enough water for pumps and equipment to operate safely;

• ensuring power is available where required;

• advising us of known equipment issues;

• advising us of any recent chemical additions;

• advising us of any automatic dosing systems;

• advising us of pool surface type, if relevant;

• ensuring children and pets are kept away from the work area; and

• following any instructions we provide after service.

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If we cannot safely access the property or complete the booked service due to locked gates, unsafe conditions, aggressive animals, insufficient water level, faulty equipment or other issues outside our control, a call-out fee or service fee may still apply.

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7. Equipment supply and installation

Equipment recommendations are based on the information available at the time, including pool size, existing equipment, plumbing, site conditions and customer requirements.

The customer is responsible for ensuring any information provided to us is accurate.

Installation quotes do not include electrical work, plumbing alterations, excavation, concrete cutting, structural work, leak repairs, drainage work, asbestos removal, switchboard upgrades or other specialist work unless specifically included in writing.

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Electrical work must be carried out by a licensed electrician where required.

Additional charges may apply if we discover:

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• damaged plumbing;

• hidden leaks;

• unsuitable pipework;

• seized fittings;

• non-compliant equipment;

• unsafe electrical components;

• poor access;

• undersized equipment;

• incorrect previous installation;

• structural issues;

• drainage issues; or

• any other issue that was not reasonably visible before work started.

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8. Water testing and chemical advice

Water testing and chemical advice are based on the water sample provided and the information available at the time.

Water test results may be affected by:

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• incorrect sample collection;

• old water samples;

• contamination;

• recent chemical additions;

• rain;

• dilution;

• poor circulation;

• equipment faults;

• algae growth; or

• water being taken from only one part of the pool.

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Customers should follow chemical dosing instructions carefully.

Chemicals must be stored, handled and used safely and only as directed on the product label.

Whitsunday Pool Shop is not responsible for damage, staining, bleaching, corrosion, injury, equipment failure or poor water results caused by incorrect chemical use, over-dosing, under-dosing, mixing chemicals, unsafe storage, failure to follow instructions or failure to maintain pool water balance.

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9. Chemical sales

Pool chemicals are dangerous if misused.

Customers must read and follow all product labels, safety directions and storage instructions.

Chemicals must not be mixed together.

Chemicals should be stored away from children, pets, heat, moisture, flames, acids, chlorine, fuels and incompatible materials.

For safety reasons, opened chemicals cannot be returned unless required by law.

We may refuse to sell chemicals if we believe the sale may be unsafe, unlawful or inappropriate.

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10. Product availability

Products are subject to availability.

We may substitute, delay, back-order or cancel an item if stock is unavailable, discontinued, delayed by suppliers or affected by freight issues.

If an item is unavailable after payment has been made, we will offer a suitable solution, which may include waiting for stock, offering a substitute product, providing store credit or refunding the unavailable item.

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11. Special orders

Special-order items may require payment in full or a deposit before ordering.

Special orders cannot usually be cancelled once ordered from the supplier, unless agreed by Whitsunday Pool Shop or required by law.

Special-order items may not be returnable for change of mind.

Estimated delivery times are estimates only and may be affected by supplier delays, freight delays, weather, barge schedules, transport issues or stock shortages.

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12. Delivery and freight

Delivery and freight charges are additional unless clearly stated otherwise.

Delivery times are estimates only.

Whitsunday Pool Shop is not responsible for delays caused by freight companies, suppliers, barges, weather, road closures, access issues or circumstances outside our control.

The customer is responsible for ensuring someone is available to receive goods if required.

Additional charges may apply for failed deliveries, redelivery, difficult access, island freight, resort delivery, barge delivery, heavy items, dangerous goods or urgent delivery requests.

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13. Payment terms

Payment is required at the time of purchase unless a credit account or other payment arrangement has been approved.

For service work, payment is due by the date shown on the invoice.

Unless otherwise agreed in writing, invoices must be paid within 4 days.

Overdue accounts may result in:

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• suspension of further work;

• cancellation of future bookings;

• removal of account pricing;

• recovery of debt collection costs;

• recovery of reasonable legal costs; and

• interest or late fees where permitted by law and stated on the invoice or account agreement.

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Goods remain the property of Whitsunday Pool Shop until paid for in full, where permitted by law.

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14. Cancellations and missed appointments

Customers should provide at least 24 hours’ notice to cancel or reschedule a booked service.

A cancellation fee or call-out fee may apply if:

• less than 24 hours’ notice is given;

• we attend the property and cannot access the pool;

• the service cannot be completed due to locked gates;

• animals are not secured;

• the pool water level is too low;

• equipment cannot be operated;

• the site is unsafe; or

• the customer is not present where attendance was required.

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Any cancellation fee will be reasonable and based on costs, travel, time and loss incurred by Whitsunday Pool Shop.

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15. Returns and refunds

Returns and refunds are handled in accordance with Australian Consumer Law.

Customers are not automatically entitled to a refund or exchange for change of mind, choosing the wrong product, finding a cheaper product elsewhere after purchase, misusing a product or damaging a product after purchase.

We may choose to offer an exchange or store credit for change-of-mind returns if:

• the item is unopened;

• the item is unused;

• the item is in original packaging;

• proof of purchase is provided;

• the item is not a chemical, special-order item, clearance item or custom item; and

• the return is approved by Whitsunday Pool Shop.

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Opened chemicals, used equipment, special-order items, custom items and clearance items are not returnable for change of mind unless required by law.

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16. Warranties

Products may be covered by manufacturer warranties.

Warranty claims are subject to the manufacturer’s warranty terms, product assessment and proof of purchase.

Warranty may not apply where damage or failure is caused by:

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• incorrect installation by others;

• misuse;

• lack of maintenance;

• incorrect water chemistry;

• poor water balance;

• power issues;

• storm damage;

• flood damage;

• corrosion;

• chemical damage;

• blocked filters;

• poor circulation;

• running equipment dry;

• unauthorised repairs;

• normal wear and tear; or

• failure to follow manufacturer instructions.

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Nothing in this section limits any rights a customer may have under Australian Consumer Law.

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17. Existing equipment and pre-existing problems

When servicing or working on a pool, we may identify existing faults, wear, damage, leaks, poor installation, unsafe equipment or other problems.

Whitsunday Pool Shop is not responsible for pre-existing faults or damage.

If existing equipment fails during or after service due to age, wear, poor maintenance, incorrect installation, water chemistry, hidden faults or normal use, repairs or replacement may be charged separately.

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18. Safety and refusal of work

We may refuse, stop or reschedule work if we believe the site, equipment, water, weather, animals, access, electrical components or surrounding conditions are unsafe.

We may also refuse work where the requested work is unlawful, unsafe, outside our skill set, outside our licensing requirements or likely to cause damage.

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19. Photos and service records

We may take photos, videos, readings or notes of pools, equipment, water test results, chemical readings and completed work for business records, quoting, warranty claims, customer communication, proof of service and quality control.

We will not intentionally publish identifying photos of a customer’s private property for marketing without permission.

20. Website information

Information on our website is general in nature.

While we aim to keep information accurate and current, errors may occur.

Product images, descriptions, prices and availability may change without notice.

Website information should not be treated as professional advice for every pool situation. Customers should contact us for advice specific to their pool, equipment and water condition.

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21. Limitation of liability

To the maximum extent permitted by law, Whitsunday Pool Shop is not liable for loss, damage, injury, delay, cost or expense caused by:

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• incorrect information provided by the customer;

• unsafe access;

• faulty or poorly maintained equipment;

• pre-existing faults;

• hidden leaks;

• incorrect chemical use by the customer;

• failure to follow instructions;

• storm, rain, flood, cyclone or extreme weather;

• power outages;

• supplier delays;

• freight delays;

• acts or omissions of third parties; or

• circumstances outside our reasonable control.

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Where liability cannot be excluded by law, our liability is limited to the remedies available under Australian Consumer Law.

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22. Changes to these Terms & Conditions

Whitsunday Pool Shop may update these Terms & Conditions at any time.

The current version published on our website applies from the date it is published.

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23. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law.

Customers may be entitled to a repair, replacement, refund, cancellation, re-supply of services or other remedy where required by law.

Nothing in these Terms & Conditions is intended to exclude, restrict or modify any rights, remedies or guarantees that cannot be excluded under Australian law.