Terms and Conditions

Effective Date: August 13, 2025
Last Updated: August 13, 2025

1. Agreement to Terms

By accessing or using the Poolwise website (www.poolwise.com.au) ("Website"), placing an order, or engaging with our services, you agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of these terms, you may not access our Website or use our services.

These Terms apply to all visitors, users, and customers of Poolwise, operated by Kestrel Investments WA Pty Ltd (ABN: 58 659 711 476) ("we," "us," or "our").

2. Business Information

Legal Entity: Kestrel Investments WA Pty Ltd
ABN: 58 659 711 476
Trading Name: Poolwise Padbury
Physical Address: Shop 14, Padbury Shopping Centre, 75 Warburton Avenue, Padbury, WA 6025
Email: info@poolwise.com.au
Phone: (08) 9603 6000
Business Hours: Monday - Friday: 9:00 AM - 5:00 PM, Saturday: 9:00 AM - 3:00 PM, Sunday: Closed (except in Summer 10:00 AM - 2:00 PM)

3. Products and Services

3.1 Product Information

We strive to display our products and their specifications as accurately as possible. However, we do not warrant that product descriptions, images, pricing, or other content on the Website is accurate, complete, reliable, current, or error-free. Product images are for illustration purposes and may vary from the actual product.

3.2 Product Availability

All products are subject to availability. We reserve the right to:

  • Limit quantities of any products or services
  • Discontinue any product at any time
  • Refuse service to anyone for any lawful reason

3.3 Pricing

All prices are displayed in Australian Dollars (AUD) and include GST where applicable. We reserve the right to change prices at any time without notice. However, price changes will not affect orders already placed and confirmed.

3.4 Pricing Errors

In the event of a pricing error, we reserve the right to:

  • Cancel any orders placed at the incorrect price
  • Offer you the option to purchase at the correct price
  • Provide a full refund if payment has been processed

4. Orders and Payment

4.1 Order Acceptance

Your order constitutes an offer to purchase products from us. All orders are subject to acceptance by us, and we reserve the right to refuse any order. Order confirmation does not constitute acceptance; acceptance occurs upon dispatch of your order.

4.2 Payment Methods

We accept the following payment methods:

  • Credit Cards (Visa, Mastercard, American Express)
  • Debit Cards
  • PayPal
  • Afterpay
  • Bank Transfer (for approved accounts)

4.3 Payment Security

All payment transactions are encrypted using SSL technology. We do not store credit card details nor share financial information with third parties except as necessary to process payments.

4.4 Order Cancellation

Orders may be cancelled before dispatch by contacting us immediately. Once dispatched, the order cannot be cancelled and will be subject to our Returns Policy.

5. Shipping and Delivery

5.1 Delivery Areas

We deliver throughout Australia. Free delivery is available for postcodes 6023-6028 on orders over specified thresholds. Delivery charges apply to all other areas and will be calculated at checkout.

5.2 Delivery Times

Estimated delivery times are provided in good faith but are not guaranteed. We are not liable for delays caused by:

  • Events beyond our reasonable control
  • Incorrect delivery information provided by you
  • Carrier delays
  • Public holidays or weekends

5.3 Risk and Title

Risk of loss and title for products pass to you upon delivery to the carrier. We recommend inspecting all deliveries immediately and reporting any damage or discrepancies within 48 hours.

5.4 Large Items and Pool Equipment

Some pool equipment and chemicals may require special handling or delivery arrangements. Additional charges may apply and will be communicated before order confirmation.

6. Returns and Refunds

6.1 Returns Policy

We accept returns within 30 days of purchase for products that are:

  • Unused and in original condition
  • In original packaging with all tags and labels
  • Accompanied by proof of purchase

6.2 Non-Returnable Items

The following items cannot be returned:

  • Pool chemicals (for safety reasons)
  • Customized or special-order products
  • Clearance or sale items marked as final sale
  • Products that have been installed or used
  • Items damaged due to misuse or negligence

6.3 Return Process

To initiate a return:

  1. Contact us at info@poolwise.com.au with your order number
  2. Receive a Return Authorization Number (RAN)
  3. Ship the item to our Padbury location with the RAN clearly marked
  4. Return shipping costs are the customer's responsibility unless the return is due to our error

6.4 Refunds

Refunds will be processed within 7-10 business days of receiving the returned item. Refunds will be issued to the original payment method. Shipping charges are non-refundable except where the return is due to our error.

7. Warranties and Consumer Guarantees

7.1 Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

7.2 Manufacturer Warranties

Many products include manufacturer warranties. These are in addition to your rights under Australian Consumer Law. Warranty terms and claim procedures vary by manufacturer and product. We will assist in facilitating warranty claims where possible.

7.3 Warranty Exclusions

Warranties do not cover:

  • Normal wear and tear
  • Damage from misuse, neglect, or accidents
  • Damage from improper installation or maintenance
  • Use of products contrary to instructions
  • Modifications or repairs by unauthorized persons

8. Intellectual Property

8.1 Ownership

All content on this Website, including text, images, logos, graphics, and software, is the property of Kestrel Investments WA Pty Ltd or its content suppliers and is protected by Australian and international copyright laws.

8.2 Limited License

You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes. This license does not include:

  • Modifying or copying Website materials
  • Using materials for commercial purposes
  • Attempting to reverse engineer any software
  • Removing any copyright or proprietary notations

9. User Accounts

9.1 Account Responsibility

If you create an account, you are responsible for:

  • Maintaining the confidentiality of your account information
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use

9.2 Account Termination

We reserve the right to terminate accounts that:

  • Violate these Terms
  • Remain inactive for extended periods
  • Provide false or misleading information
  • Engage in fraudulent activities

10. Prohibited Uses

You agree not to use the Website to:

  • Violate any laws or regulations
  • Transmit any harmful or malicious code
  • Infringe upon intellectual property rights
  • Harass, abuse, or harm others
  • Create false accounts or misrepresent your identity
  • Interfere with the Website's operation
  • Collect user information without consent
  • Engage in fraudulent transactions

11. Privacy

Your use of the Website is also governed by our Privacy Policy, which details how we collect, use, and protect your personal information. By using our Website, you consent to our collection and use of information as outlined in the Privacy Policy.

12. Disclaimer of Warranties

12.1 Website Availability

The Website is provided "as is" and "as available" without any warranties of any kind. We do not guarantee that:

  • The Website will be uninterrupted or error-free
  • Defects will be corrected
  • The Website is free of viruses or harmful components
  • Results from using the Website will meet your requirements

12.2 Product Information

While we strive for accuracy, we make no warranties regarding:

  • The completeness or accuracy of product descriptions
  • The suitability of products for your specific needs
  • Technical specifications beyond manufacturer guarantees

13. Limitation of Liability

13.1 Exclusion of Damages

To the maximum extent permitted by law, Kestrel Investments WA Pty Ltd shall not be liable for any:

  • Indirect, incidental, special, or consequential damages
  • Loss of profits, revenue, or data
  • Business interruption
  • Personal injury or property damage (except as required by law)

13.2 Maximum Liability

Our total liability for any claim arising from these Terms or your use of the Website shall not exceed the amount you paid for the products giving rise to the claim.

13.3 Pool Safety Notice

Pool equipment and chemicals can be dangerous if not used properly. We are not liable for injuries or damages resulting from improper installation, use, or maintenance of products purchased from us. Always follow manufacturer instructions and applicable safety standards.

14. Indemnification

You agree to indemnify, defend, and hold harmless Kestrel Investments WA Pty Ltd, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your breach of these Terms
  • Your use or misuse of the Website
  • Your violation of any laws or third-party rights
  • Content you submit to the Website

15. Third-Party Links and Services

The Website may contain links to third-party websites or services. We do not control these sites and are not responsible for their content, privacy policies, or practices. Your use of third-party sites is at your own risk.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website after changes constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

17. Governing Law and Jurisdiction

17.1 Applicable Law

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia.

17.2 Jurisdiction

Any disputes arising from these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts of Western Australia.

17.3 Dispute Resolution

Before initiating legal proceedings, parties agree to attempt resolution through good faith negotiation. If unsuccessful, disputes may be referred to mediation under the Australian Commercial Disputes Centre (ACDC) Mediation Guidelines.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and Returns Policy, constitute the entire agreement between you and Kestrel Investments WA Pty Ltd regarding the use of the Website and supersede all prior agreements and understandings.

20. Contact Information

For questions about these Terms and Conditions, please contact us:

Poolwise
Shop 14, Padbury Shopping Centre
75 Warburton Avenue
Padbury, WA 6025

Phone: (08) 9403 6000
Email: info@poolwise.com.au
ABN: 58 659 711 476

Customer Service Hours:
Monday - Friday: 9:00 AM - 5:00 PM
Saturday: 9:00 AM - 3:00 PM
Sunday: Closed (except in Summer 10:00 AM - 2:00 PM)

These Terms and Conditions were last updated on August 13, 2025. We recommend printing or saving a copy for your records.