Terms and Conditions
This website is operated by Legacy Pools & Spas. Throughout the site, the terms “we”, “us” and “our” refer to Legacy Pools & Spas. Legacy Pools & Spas offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's or portable device display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Legacy Pools & Spas, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Legacy Pools and Spas and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Victoria.
SECTION 19 - PRODUCT WARRANTY
PRODUCT WARRANTY TERMS AND CONDITIONS: Subject to the conditions of the warranty set out in clause 19.1 Legacy Pools & Spas warrants that its products will be as described, of an acceptable quality, free from manufacturing defects and fit for purpose. 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 are not of acceptable quality and the failure does not amount to a major failure. The conditions applicable to the warranty given by Section 19 are:
a. The warranty does not apply if the fencing is used within 2000 metres from marine location.
b. The warranty applies only if the maintenance procedure outlined in clause 19.2 is adhered to.
c. Proof of purchase will be required at the submission of any claims.
d. Warranty does not apply to moving parts such as gate hinges and latches.
e. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. If you have a minor problem with a product or service, Fence Guru can choose to give you a free repair instead of a replacement or refund. When you have a major problem with a product, you have the right to ask for your choice of a replacement or refund.
f. The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through: i) Failure on the part of the Buyer to properly maintain any Goods; or ii) Failure on the part of the Buyer to follow any instructions or guidelines provided by the Seller; or iii) Any use of any Goods otherwise than for any application specified on a quote or order form; or iv) The continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or v) Fair wear and tear, any accident or act of God; or vi) Scratching, abrasion, chipping or any other damage or deterioration caused by impact, accident, or misuse; or vii) Deterioration of the metal substrate through oxidization or rusting viii) Excessive condensation and/or foreign matter ie dust, environmental matter, animal excrement; or ix) Normal weathering, including loss of gloss and colour of painted surfaces; or x) Attack from chemical agents, fumes, liquids or solids; or xi) Installation of the Product less than 2km from marine or industrial influences.
g. The liability under the Warranty does not include or extend to: i) Labour costs associated with the removal or repair of the defective Product, or installation of the replacement Product; or ii) Injury to persons, damage to property, loss of income, profit or business, or any other indirect loss arising from or caused in any way by the defective Product.
h. The warranty shall cease and the Seller shall thereafter in no circumstances be liable under the terms of the warranty if the product is repaired, altered or overhauled without the Seller’s consent.
i. In respect of all claims, the Seller shall not be liable to compensate the Buyer for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Buyer’s claim.
j. This Warranty does not cover against aesthetic surface corrosion including oxidation and red rust on aluminium, steel or stainless steel products.
19.1 For Goods not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall be under no liability whatsoever, except for the express conditions as detailed and stipulated in the manufacturer’s warranty.
19.2 FENCE MAINTENANCE: Wash your fence regularly as you would your car. To keep your fence looking good, clean with a soft brush and hose your fence on a weekly basis to remove built up of dust, dirt, cobwebs and salt deposits. Every 3 months, wash down with warm water and a mild detergent. Do not use abrasive scrubbing materials or acidic or alkaline agents. STAINLESS STEEL MAINTENANCE: Clean stainless steel weekly using a mild detergent and a soft brush to remove the buildup of dirt, grime and salt deposits etc. Wash with a mild detergent and then rinse off with fresh water. Do not use heavy duty cleaners or strong household cleaner or solvents. Never use hydrochloric acid to clean stainless steel or cleaners that are acidic or alcohol based.
19.3 Important Storage Condition: DO NOT STORE WRAPPED GOODS IN DIRECT SUNLIGHT. FAILURE TO REMOVE ALL WRAPPING WHEN LEFT IN DIRECT SUNLIGHT/HEAT/MOISTURE MAY CAUSE DISCOLOURATION ON POWDER COATED SURFACES AND VOIDS WARRANTY.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at admin@legacypoolsandspas.com.au.
Refunds & Return Policy
Please choose your product carefully, as we don’t offer refunds and returns for over-orders or a change of mind.
Legacy Pools & Spas customers are required to accept full responsibility for their decision to purchase and for doing the due diligence that their purchase is correct before finilaising their order. Paying for your order is a commitment to the purchase. Your purchase order cannot be cancelled after payment has been made.
Please note: We will not be responsible for (1) any damages or loss of goods that may occur after your order is delivered (2) damage that may occur to incorrect handling or unpacking of product (3) damage due to goods not being stored in a proper manner.
To make a claim on faulty or defective products you must notify us within 48 hours. Please email proof of purchase, photo evidence and description to admin@legacypoolsandspas.com.au
take up to 21 days to process. For a return to be accepted you must notify us within 10 days.
· Change of mind
· Over-orders
· Products that have been used or altered – NO EXCEPTIONS
· Freight charges
· Handling fees
· Packing fees
· Return freight charges
· Product items not returned within 7 days from date of Return/refund confirmation
Delivery & Pickup Information
All items on Legacy Pools & Spas website are Pre Orders. We do not stock items listed on the website.
Pre Orders process:
1. Order received – we receive your order.
2. Order payment – we email you an invoice for payment.
3. Order processing – we receive payment and place your order with the relevant warehouse within 1-3 business days. We will advise items are not in stock.
4. Order confirmation: we receive your order and oraganise delivery or we will advise you that your order is ready for pick up.
Pre Orders are sent within *7-10 business days once the stock arrives to Legacy Pools & Spas. Once orders are ready for collection or delivery you will be notified via email. Any transit time is calculated in business days and does not include Saturday, Sunday, and public holiday periods.
Orders can only be modified prior to order processing via relevant warehouse.
Shipping fees will be calculated once we receive your purchase order.
The shipping fees for pool filtration equipment and parts will be detailed on your purchase order quotation.
Fencing Supplies
Pick up is for fencing supplies only. Pick up location is Derrimut or Dandenong South.
If your order is for pick up, you will be notified within *2-5 business days that all items are in stock ready for collection. If your order is for delivery, please allow 1-2 weeks however this can change depending on how busy things are.
Due to OH&S Regulations and for your own safety, please understand the following.
Pallets and orders can only be loaded to suitable transport. If the depot deems that your transport is not suitable, they may not let you take the items, in which case we can arrange delivery if within our local delivery zone or you can return with suitable transport.
The Depot will refuse to load or let you load the glass if you do not have suitable transport.
Staff will do their very best to pick your order quickly at distribution centres, however orders are picked when you arrive and sometimes the depot is very busy. Just use your collection reference when arriving at the office and remember items cannot be purchased at the depot.
Delivery charges for fencing supplies is charged at $120 per delivery for large and bulky items. Which means if you order 1 item or 50, the delivery fee is still $120 unless two trucks are required. Delivery is only available to Melbourne Local Delivery Areas. Please refer to the Melbourne Local Delivery Areas Map.
We accept no liability for any incorrect shipping addresses supplied by you and no refunds or secondary shipment costs will be offered or covered if further charges are required should you provide an incorrect shipping address.
Orders shipping to PO Boxes may require an additional business day to process prior to shipment in order to ensure delivery via Australia Post. Additionally, certain oversize items may be restricted from delivery to a PO Box. If we cannot deliver to a PO Box you will be contacted for an alternative shipping address. Please use physical shipping addresses where possible when ordering to avoid this issue.
*Business hours and days are – Monday to Friday – 8am to 4pm (AEST & excluding holidays).
Please note, if items are on back order you will be notified with an estimated time of the product arriving.
