Terms and Conditions

INTRODUCTION

These terms govern the use of chillipoolheater.com.au (Website). By accessing, using, browsing, registering with, contributing to or purchasing from any area of the Website, you agree that your access to, use of, and purchase of any goods from the Website is subject to these terms and all applicable laws, and is at your own risk. If you do not agree to these terms in their entirety, you must not use this Website. When purchasing goods from the Website, these Terms and Conditions form a contract between the customer (you) and Chilli Pool Heaters and apply to the ordering, purchase, fulfilment and delivery of goods from the Website. Please read these Terms and Conditions carefully before placing your Order as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.

We may amend or update these terms and conditions at any time by posting any changes at this Website, without providing notice to you. By continuing to access and use this Website, you will be deemed to have agreed to any changes or updates to these terms. These Terms and Conditions (including where applicable, our Privacy Policy and Returns and Refunds Policy) set out the entire agreement between you and Chilli Pool Heaters regarding this website and any use of it and, to the fullest extent permitted by law, supersedes all prior terms, conditions, warranties and/or representations.

If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Service Centre and a representative will be happy to assist you. The Customer Service team operates on Monday to Friday (excluding public holidays in Melbourne, Australia) from 9am until 5pm (Australian Eastern Standard/Daylight Savings Time).

The contact phone number for our team are: 1300 766 543

or contact us via hello@chillipoolheater.com.au

1. DEFINITIONS

The following definitions are used in these Terms and Conditions.

Chilli Pool Heaters Online means chillipoolheater.com.au

Business Day means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.

Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.

Delivery Agent means any nominated third party delivery or shipping company for Chilli Pool Heaters Online.

Delivery Fee means the fees charged by Chilli Pool Heaters for the delivery of Goods.

Goods means the items offered for sale which are described or displayed on the Website.

GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

Order means a request by you to purchase Goods from Chilli Pool Heaters Online.

Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).

Price means:

The purchase price of each Good as specified on the Website is in Australian dollars (for the avoidance of doubt, in Australia, the specified price includes GST);

Privacy Policy means the Chilli Pool Heaters Privacy Policy found on the website

Returns Policy means the Chilli Pool Heaters Returns & Exchanges Policy found on the FAQ’s Page.

Tax means any goods and services tax, value added tax, or other taxes, import fees, duties, tariffs, or other imposts or charges which may be payable in relation to your order.

Terms and Conditions means these terms and conditions governing the Website and any activities and transactions occurring via the Website, including Terms and Conditions for the Sale of Goods on the Chilli Pool Heaters Website.

Website means www.chillipoolheater.com.au

you or your means you as the user of the Website, including as a purchaser of Goods from Chilli Pool Heater.

SPECIFIC TERMS AND CONDITIONS FOR THE SALE OF GOODS ON THE CHILLI POOL HEATERS WEBSITE

2. COMPLIANCE WITH TERMS AND CONDITIONS

2.1 You agree to be bound by the Terms and Conditions when you submit an Order.

2.2 Each Order you submit will be a separate and binding agreement between you and Chilli Pool Heaters Online with respect to the supply of Goods, in accordance with these Terms and Conditions

3. PLACING ORDERS FOR GOODS

3.1. You may place an Order through the Website by submitting the electronic Order form on the Website.

3.2. An Order submitted by you on the Website in the manner described in clause 3.1 is an offer by you to purchase Goods for the Price (which for the avoidance of doubt, includes GST for deliveries to Australia) plus any Delivery Fee as specified at the time you submit your Order. That offer cannot be withdrawn by you without our prior consent.

3.3. You acknowledge that all Orders through the Website are with respect to Goods intended for residential use only unless otherwise agreed.

3.4. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Chilli Pool Heaters Online will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you. Without limitation, if you provide inaccurate shipping details in an Order, Chilli Pool Heaters is under no obligation to resend your Order if it is shipped to the address provided in the Order and not subsequently returned to Chilli Pool Heaters Online.

3.5. You may Order from Chilli Pool Heaters Online if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.

3.6. You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement unless otherwise required by law.

3.7. Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order in accordance with clause 7.

3.8. You will be provided with an automatic Order number upon submission of your Order. The Order number is required when contacting our Customer Service Centre.

3.9 In submitting an Order you represent and warrant to Chilli Pool Heaters Online that:

• you are over the age of 18;
• you have read and agree to these Terms and Conditions; and
• you have complied with all applicable Laws

4. ACCEPTANCE AND REJECTION OF ORDERS

4.1 Chilli Pool Heaters Online reserves the right to accept or reject your Order for any reason at any time. Without limitation, due to legal and other restrictions applicable for orders placed for regional Australia delivery, some of our products may not be available for delivery to certain. Chilli Pool Heaters retains the right to determine what it can and cannot deliver to any particular location.

4.2 When we accept an Order, it represents an agreement by Chilli Pool Heaters Online to supply you the Goods in accordance with the Order and these Terms and Conditions.

4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order wherever possible. Chilli Pool Heaters Online will not be liable to you for your loss or that of any third party for the rejection of an Order.

4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Chilli Pool Heaters Online is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.

4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4.

5. AVAILABILITY OF GOODS

5.1. You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, Chilli Pool Heaters Online will use reasonable endeavours to contact you within five (5) Business Days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Chilli Pool Heaters Online is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

5.2. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Chilli Pool Heaters Online will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.

5.3. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we may reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, Chilli Pool Heaters Online will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions.

5.4 You acknowledge and agree that:

• all pictures and images of Goods displayed on the Website are for illustration purposes only.
• you have read any corresponding written description of the Goods prior to submitting your Order;

6. PRICE AND PAYMENT

6.1 The Price in respect of a Good is specified on the Website and is dependent on the delivery address nominated.

6.2 Prices are displayed in Australian Dollars. The Price includes Australian GST (currently 10%).

6.3 Chilli Pool Heaters Online reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in the Price (provided your Order is not affected by an obvious pricing error, in which case the procedure in clause 5.3 will apply).

6.4 In respect of any Order, we will charge you and you agree to pay to us:

• the Price (which is the Price at the time the Order is submitted in Australian Dollars); and

• the Delivery Fee (if any).

6.5 You can pay for your Goods by any of the methods specified on the electronic Order form on the Website from time to time, which includes but are not limited to credit card, Pay Pal or Handy Pay. When paying by credit card, you authorise Chilli Pool Heaters Online to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.

6.6 You acknowledge and agree that any payment in respect of an Order must be cleared by Chilli Pool Heaters Online before Goods which are the subject of an Order are dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.

6.7 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

6.8 You will receive an invoice by email once payment in respect of your Order has been processed.

6.9 Chilli Pool Heaters Online uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.

7. DELIVERY

7.1 Chilli Pool Heaters Online uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address being supplied to the Delivery Agent for the purpose of delivering your Goods.

7.2 You should refer to the Shipping Options section of the Website for the applicable Delivery Fee for the Goods.

7.3 Indicative delivery time frames are set out in the Shipping Options section of the Website.

7.4 You acknowledge and agree that notwithstanding anything else stated on the Website:

• Chilli Pool Heaters Online cannot guarantee that delivery will occur in the stated delivery time frames;
• delivery time frames may change from time to time due to unforeseen circumstances; and
• except where required by applicable law, Chilli Pool Heaters Online is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.

7.5 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit separate Orders for Goods where you require multiple delivery destinations.

7.6 If we are unable to deliver your Goods to the Delivery Address due to the size of the order or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you notifying you where the Goods have been delivered for collection by you. It is your responsibility to follow the instructions stated on the calling card.

7.7 Where you do not collect your Goods from the outlet specified on the calling card within the time required of a failed delivery, you must contact our Customer Service Centre using the details provided at the start of these Terms and Conditions for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.

7.8 Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact our Customer Service Centre as soon as practicable using the details provided at the start of these Terms and Conditions.

7.9 You warrant to Chilli Pool Heaters that any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so.

8. CLICK & COLLECT

8.1. Chilli Pool Heaters Click & Collect is a free service that allows you to place an order online at chillipoolheater.com.au and then collect your purchases at 35 Insight Circuit, Carrum Downs VIC.

8.2 The Click & Collect service is currently only available to customers located within Victoria.

8.3 When your Click & Collect order is ready, we ill contact you via email to advise that your order is available for collection. Orders will generally be available for collection up to 7 business days from the date that you place the Order.

8.4 Click & Collect orders cannot be modified or cancelled once your order has been confirmed.

8.5 Click & Collect Orders must be collected within 5 days from the date you are notified by email that your order is ready for collection.

8.6 When collecting your goods at your nominated Click & Collect store, you are required to supply a copy of your Click & Collect Notification email.

8.7 Chilli Pool Heater reserves the right to change or discontinue the Click & Collect service at any time, without notice.

9. RISK AND TITLE

Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.

10. ORDER CANCELLATIONS AND RETURNS

Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return faulty or incorrectly delivered Goods.

11. PROMOTIONS AND DISCOUNTS

Chilli Pool Heaters Online offers and promotions may only be used at the Website, including for purchases of Goods selected from the Website. Such offers and promotions do not apply to purchases of goods selected from Partner Websites or to purchases at other online or retail outlets. Without limitation, goods selected from Partner Websites cannot be used to satisfy any conditions of an offer.

12. DISCLAIMER

12.1 The information contained on the Website is provided by Chilli Pool Heaters in good faith. To the best of Chilli Pool Heaters knowledge, the information is accurate and current. However, the Website and its contents are provided to you on "as is" basis. The Website may contain errors, faults and inaccuracies and may not be complete and current. Chilli Pool Heaters and its related bodies corporate, and their directors, officers, employees, and agents make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included on the Website, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.

12.2 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, Chilli Pool Heaters excludes, all implied terms and warranties whether statutory or otherwise, relating to the Website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth).

13. PRIVACY

13.1 Personal Information, such as your contact details, that you provide to us during the Order process or in connection with a Gift Card will be kept and used by us for the purpose of processing your Order and improving our order process in accordance with Chilli Pool Heaters Privacy Policy.

13.2 You represent and warrant to Chilli Pool Heaters that all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date.

14. ELECTRONIC COMMUNICATIONS

You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15. GENERAL

15.1 These Terms and Conditions are governed by and are to be construed in accordance with the laws applicable in Victoria. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and any courts which have jurisdiction to hear appeals from any of those courts (including the Federal Court of Australia, Victoria Registry) and waive any right to object to any proceedings being brought in those courts. In any purchase of Goods, your transaction is deemed to have taken place in Carrum Downs, Victoria.

15.2 The Website may be accessed from Australia or overseas. Chilli Pool Heaters makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site if and to the extent that they are applicable.

15.3 Chilli Pool Heaters reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Chilli Pool Heaters Online with respect to that Order.