Terms of Sale
Last updated: March 5th, 2020
In addition to the Terms & Conditions which govern your use of http://www.poolfits.com (the “Site”) operated by Pool Fits DIY Liners & Covers Corp. (“Pool Fits”), its affiliates, and/or subsidiaries (together with Pool Fits, “us”, “we”, or “our”), these Terms of Sale (“Terms of Sales”) govern the sale of all the products and services made available to you by us on or through the Site. By proceeding to place an order on or through the Site with us, you agree to be bound by these Terms of Sale. If you do not agree to these Terms of Sales, do not proceed with your order.
These Terms of Sale, at our sole discretion, may be changed at any time. You are advised to review these Terms of Sales periodically for any change. Changes to these Terms of Sale are effective when they are posted on the Site.
Account and Password
You may be required to create an account in order to purchase products and/or services on the Site. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. We shall not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password.
All products and services on the Site are invitations to purchase and not offers to sell. We reserve the right, at our sole discretion, to accept or reject the order once you have completed and placed your order.
We accept orders only via the Site or via e-mail. In no case or instance does the Site accept orders verbally, via phone, text message or fax. All the orders are subject to our acceptance, the Terms of Sale and the Terms & Conditions specifically apply to your purchase with us.
By our accepting your order and sending confirmation to you, the contract of purchase between you and us shall be deemed to be entered into. Please download or print the contract of purchase for your record.
There may be certain orders that we must reject before acceptance or cancel even after acceptance. We reserve the right at any time after receipt your order to accept or reject your order for any reason (including without limitation, availability, inaccurate or errors in pricing, suspicious fraud, etc.) and we will contact you at the email address you provided in the order form of our decision to accept or reject your order.
Your Cancellations and Changes of Orders
You may have certain statutory rights to cancel your order under applicable laws and we will respect all such applicable laws. In addition to these statutory rights, cancellation and change may be permitted in accordance with the following:
- Installation Supplies and Parts orders can be cancelled or changed if we receive your written cancelation or change notice prior to staging and/or shipment, whichever occurs earlier. Once an order has been staged or shipped it cannot be cancelled or changed. See our Merchandise Return Policy and Procedure.
- Standard Stock Liners and Cover orders can be cancelled or changed if we receive your written cancelation or change notice prior to staging and/or shipment, whichever occurs earlier. Once an order has been staged or shipped it cannot be cancelled or changed. See our Merchandise Return Policy and Procedure.
- Custom Order – Orders are final upon our receipt of your payment and cannot be cancelled or changed.
- Close-Out / End-of-Run – Orders are final upon our receipt of your payment and cannot be cancelled or changed.
Please see the Site’s Service Charter for Order Processing Times.
Availability and Description of Products/Services
The purchase of products/services on or through the Site is subject to availability. While we endeavor to keep the Site up-to-date and accurate at-all-times, we do not represent or warrant that products/services descriptions or other content on this Site is accurate, complete, reliable, current, or error free. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Manufacturers may from time to time alter the appearance of a product supplied to Pool Fits without prior notice. Our Site endeavors to keep all imagery and the appearance of products to be as accurate as possible. However, we cannot guarantee the accuracy of the imagery of the products on the Site at any given time. Specifically, as it relates to the appearance and colours of liners and covers is dependent on the quality and capability of the computer and monitor on which the Site is being viewed. For these reasons we are not responsible for any slight difference in appearance and colour of the actual product and the Site’s on-line images. If there is a significant difference between the actual product you receive and the product displayed on our Site, you can return the item in unused condition within 15 days after receiving it. You will be responsible for arranging the shipping and bear the shipping fees in case of any return unless you receive the wrong item.
Pricing is that which is in effect at the time of order. All pricing is net of (does not include) any applicable shipping & handling charges and/or taxes. Shipping & Handling charges will apply to all orders unless specified within the product listing on the Site and/or the Ship to address requested is to a Rural or Remote location (See Shipping and Handling below).
The price may be quoted in Canadian dollars or US dollars, please read carefully:
United States Orders & Ship to United States: Will be charged and paid in US Dollars
Canadian Orders & Ship to Canada: Will be charged and paid in Canadian Dollars
Quotes will be honored for thirty (30) days from the date they were issued unless otherwise agreed to in writing by us.
However, please note that, despite the quotes and/or promotional prices provided on out Site, we cannot confirm the price or its availability until we confirm and accept your order. If there is any inaccuracy in price or availability, we will, at our sole discretion, either contact you for instructions before confirming your order or cancel your order and notify you of such cancellation.
You should carefully read the final order price set out in our confirmation of your order to decide if the price adjustment (if any) is acceptable to you and whether you wish to cancel or change your order before you make payment or before the shipment or staging is started. Please refer to “Your Cancellations and Changes of Orders” above to find out more details.
Price matching is not part of the Site’s pricing policy. Pool Fits is a premium service provider focused on delivering value added products and service and therefore does not match prices of competitors. Pool Fits is competitively priced and reserves the right to alter prices at its sole discretion, we make no warrants or representations about our prices as compared to that of our competition.
Contests, Coupon Codes and Promotions
Any contests, coupon codes or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms of Sale. If you participate in any Promotions, please review the applicable rules as well as our Terms of Sale, Terms & Conditions. If the rules for a Promotion conflict with these Terms of Sale and Terms & Conditions, the Promotion rules will apply.
Should there be a conflict between a Promotion price and the Site’s regular published price the Promotion price will control. Promotion offers may not be used in conjunction with or combined with any other offer or other discounts to further reduce the price beyond that which is offered through the Promotion.
You are responsible for any taxes associated with your order:
United States: Any applicable Federal, State or Local Tax
Canada: HST or GST and QST
All applicable taxes will be charged at the time we confirm and accept your order. The Site has no facility to omit taxes at time of accepting your order. All applicable taxes must be paid, subject to the Site’s Payment Terms.
Exemptions: Any and all exemptions require submission of appropriate documentation (e.g. Tax Exemption Certificate, Special Status, etc.) at the time the order is placed. This documentation must be in the name of the purchaser of record. All bona fide tax exemptions will be paid by refund, please allow thirty (30) days processing time.
You may pay for your purchase using Cash with Order (CWO) via PayPal, Stripe, Interac, Wire Transfer or Credit Card. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and (ii) the information you supply to us is true, correct and complete.
All credit card payments are subject to verification at the time of order. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
In no case does Pool Fits extend credit nor will it ship product(s) prior to payment in full.
Shipping & Handling
Your order will normally be shipped by Fed Ex Home Delivery. Fed Ex has some size and weight restrictions. In most cases Pool Fits is shipping to you directly from our vendor. Pool Fits reserves the right to use alternate carriers, at its sole discretion, when those carriers best meet the needs and requirement of any shipment.
Due to the size and weight of shipments, many shipments are ‘curbside delivery’ and require a signature and for you or your designate to be home to receive the order. Where possible and within the size and weight restrictions, every effort will be made to leave your package at your doorstep and with no signature required.
Rural or Remote Delivery as defined by the Site is any area outside of the freight or courier company’s Standard Delivery Areas or Standard Delivery Zones. Freight charges and costs are significantly higher than those incurred in Standard Delivery Areas / Zones. Therefore, Pool Fits reserves the right and will charge additional shipping fees for orders with Ship to Addresses located in Rural or Remote Delivery Areas/Zones. Those costs will be calculated at time of order and adjusted when we confirm and accept your order.
The exact carrier delivering your items, estimated delivery time and other shipping and delivery information will be provided in the shipping confirmation email once your order has been shipped.
Please note that the shipping and/or handling fees are non-refundable in any case except where we have shipped you the wrong item and you have returned the item within fifteen (15) days after delivery.
Loss or damage of product is infrequent but does occur in transit. If your shipment becomes lost or arrives damaged, your obligations are as follows:
- Lost Product
- If part of the products you purchased is lost, you shall notify Pool Fits via email or Contact Us immediately, but no later than 5 days from your receipt of the rest of the products. Pool Fits will work with you and the freight carrier to locate and or replace your order;
- If you fail to receive any of the products you purchased within ten (10) after the estimated delivery date, you shall notify Pool Fits via email or Contact Us immediately, but no later than ten (10) days after the estimated delivery date. Pool Fits will work with you and the freight carrier to locate and or replace your order.
- Damaged Product
- If the product shows visible damage you can refuse shipment
- If the product shows visible damage and you agree to accept the shipment you need to sign the Bill of Lading as follows:
- “Visible Damage” (briefly describe the damage i.e. ‘Hole in Carton’)
- Have the Driver sign that note
- Take pictures of the product and retain as evidence of any freight claim that needs to be filed
- If the driver is not present when you receive your product and it is visibly damaged.
- Take pictures of the product and retain as evidence of any freight claim that needs to be filed.
- Notify Pool Fits immediately, but no later than 5 days from receipt, and we will assist you to troubleshoot and resolve the issue.
- In all cases of freight damage, notify Pool Fits immediately, but no later than 5 days from receipt, and we will assist you to troubleshoot and resolve the issue.
- Wrong Product
If you received wrong product, please notify Pool Fits immediately, but no later than five (5) days from your receipt, and we will assist you to troubleshoot and resolve the issue.
Limited Warranty/Disclaimer of Warranty
Please click here to read our Limited Warranty/Disclaimer of Warranty.
Limitation of Liability
To the full extent permissible by applicable laws, in no event shall Pool Fits nor its affiliates, subsidiaries, directors, officers, employees, representatives, agents, contractors, licensee and licensors, partners and third party suppliers or service providers be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, any property damage, personal injury, loss of use, interruption of business or loss of profits resulting from or in relation to (i) your access to or use of or inability to access or use the Site, the products and services made available to you in or through the Site; (ii) any conduct or content of any third party on the Site; (iii) any information or content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Maximum liability to you for any direct claims, damages, losses or liabilities relating to your use of the Site or the products or services purchased from the Site shall be limited to the purchase price you have actually paid for the product(s) and/or services. This applies to all situations however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability. If the laws of the province or territory where you reside do not allow exclusion or limitation of liability, then part or all of the limitations above may not apply to you.
Except to the extent that the laws of the country or territory in which you reside require the laws of such jurisdiction apply to these Terms of Sales, the laws of Ontario, Canada, will govern these Terms of Sales, without giving effect to any principle of conflict of laws.
Except to the extent the laws of the country or territory in which you reside prohibit this choice of forum provision, any claim or dispute between you and us that arises in whole or in part from your access, use of the Site and/or your purchase and/or use of any product/services with the Site shall be decided exclusively by a court of competent jurisdiction located in the City of Toronto, Ontario.
Goods Not for Resale or Export
You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, which you agree to comply with at all times.
Intellectual Property Use and Ownership
You acknowledge and agree that Pool Fits is and will remain the sole and exclusive owner of all rights, including, without limitation, intellectual property rights, in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, without limitation, all related copyrights, patents, trademarks, and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
These Terms of Sale together with the details of your order we confirm and accept, and the Terms & Conditions which govern your use of the Site, constitute the entire agreement between you and us with respect to any purchase made by you on the Site and supersede all previous agreements, understandings and representations relating thereto.
If any provision of these Terms of Sales is held to be invalid or unenforceable by a court competent jurisdiction, the remaining provisions of these Terms of Sales will remain in effect. The delay or failure of us to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. We shall not be liable for any delay or failure to perform any of our obligations under these Terms of Sale if these delay or failure is due to causes beyond our control, including without limitation, weather-related and other uncontrollable shipping delays. These Terms of Sale will be binding upon and will inure to the benefit of (i) you and your heir, executor, administrator and other legal representative; and (ii) Pool Fits and its successor and assigns. You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent, and any purported assignment or delegation in violation hereof is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale. These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you. If these Terms of Sales, the specific order, or the Terms & Conditions are inconsistent with the terms specifically apply to your purchase with us, the Terms of Sales and the specific order shall control.