Online Shopping Terms Updated: July, 2024

Welcome to the pool sign co. We're happy to have you here. We are committed to making our Terms as easy to read and understand as possible. If you have any questions, please contact us.

About these Terms

These terms apply to the ordering, purchasing and delivery of products through our website and form an agreement between you and the pool sign co.. By using our website, you agree to and accept the Terms.

IMPORTANT INFORMATION

These Terms are important and you should read them carefully. There are some specific provisions in these Terms that we want you to be aware of. These are explained below.

Your consumer rights

You have rights as a consumer under the Australian Consumer Law in relation to our goods that we cannot exclude. Nothing in these Terms is intended to limit or exclude your consumer rights.

Our liability to you

To the extent permitted by law (including the Australian Consumer Law), our liability is excluded or limited by these Terms. To explain, without limiting your consumer law rights (or any other rights we expressly provide to you by way of additional warranties):

  • We exclude all implied terms and warranties;

  • We are not liable to you for any indirect or consequential loss;

  • We are not liable to you for any loss, theft or damage to products that occurs after delivery to you or to an ATL (Authority To Leave) address;

  • We are not liable to you for any loss you suffer if your credit/debit card is used fraudulently by someone else, other than to the extent our acts or omissions caused the loss;

  • Where we are liable to you under these Terms for any losses you suffer, our liability will be:

    • reduced or limited to the extent (if any) that you either caused or contributed to those losses; and

    • limited to the total dollar amount of the products purchased by you in relation to which your loss has arisen, other than to the extent that our acts or omissions have caused or contributed to those losses.

Please see the sections headed Your rights under the Australian Consumer Law and Disclaimer and limitation of liability for more information.



Changes to these Terms

We may change these Terms from time to time. However, the Terms that are current at the time you place your order will apply to that order.

Variations

You cannot change these Terms without our written consent. We may change these Terms from time to time. Any such changes will apply from the time they are published on our website, but will not impact any orders that have already been placed. We encourage you to read these Terms and contact us if you have any particular questions.

Your order

After you have placed your order and we have processed your payment, we will provide you with an order confirmation by email. This email does not guarantee that the product(s) you have ordered is/are available. It represents confirmation that we have received your order request. Your order represents an offer to purchase, which we accept when we dispatch your product(s) and send you an email confirming that your product(s) has/have been dispatched.

We reserve the right to accept your order for any reason at any time. We also reserve the right to cancel your order with reason, including but not limited to a breach by you of these Terms or other applicable terms or laws, unavailability of product (out of stock), an error in the price, image or product description, an error in your order, issues with your payment or address, fraud prevention, excessive returns or chargebacks by you, shipping or trade restrictions, shipping time constraints, product recalls or withdrawals, customisation issues, technical errors, force majeure, failure to meet minimum order requirements (if applicable), or as otherwise set out in these Terms. If we cancel your order, we will contact you by email to let you know and you will have the option of receiving a full refund or a store credit.

Prices, payment and GST

All prices displayed on our website are in Australian dollars and include GST. All payments are processed in Australian dollars. We accept payment by various methods including by credit card, PayPal and a range of other payment options as displayed on the website and during the checkout process.

Special offers and promotions (e.g. Free shipping)

Check out our promotional terms and conditions for all current special offers and promotions.

Shipping Promotions

Free shipping, flat rate, capped price or other types of shipping price promotions may be offered at specified times and on specified products. Where a shipping promotion is offered, it may only be available on selected products and to selected locations. Please check the promotional terms and conditions for details.

Payment security

We use a third party payment processor to process your payments (PayPal Braintree). This third party will collect the information necessary to process your transaction with us, such as credit/debit card number, security/CVV code, and expiration date. Our payment processor may handle your payment information in accordance with their own privacy policy and terms of use. We do not permanently store or have access to your full payment information or credit card details. We may however collect your bank account details to process refunds, which we will handle in accordance with our privacy policy. We will not be liable for any damages or losses (whether direct or indirect) caused if your card is used fraudulently by someone else, except to the extent such loss or damage is caused by our acts or omissions.

In an effort to prevent fraudulent use of credit cards or other payment options, we reserve the right to conduct and implement fraud detection processes to check the legitimacy of the order and payment method. This process may include requesting proof of identity and a formal validation check on the credit card and account. However, we do not guarantee that we can prevent the fraudulent use of such information by unauthorised third parties. Orders undertaking a formal check will be placed on hold until we have received confirmation that the transaction is legitimate. If we are not satisfied that an order is legitimate, we may decide to cancel the order.

Delivery

Delivery Fees

Delivery fees and times vary for different products and are calculated based on the size and weight of your order, the number and type of products in the cart, where the products are shipping from, and its destination. The delivery price for each order will be displayed during the checkout process, prior to payment and order confirmation and included in the total price of your order. Changes made by you to the delivery address or delivery time after placing an order may incur additional charges.

Delivery estimates calculated at checkout are based on delivery to the front door of a ground floor. If delivery of an order will result in unacceptably high freight charges to us, we reserve the right to contact you after your order is placed to request further delivery fees or to cancel your order prior to dispatch. If we cancel your order in these circumstances, we will issue a full refund to you.

Delivery methods & locations

We work with a number of third party delivery providers in order to deliver our products nationwide. Your order will be delivered to the delivery address provided by you during the checkout process or as updated through our Customer Care team after your order is finalised and before your order is dispatched.

We can deliver to PO boxes or Parcel Lockers dependant on package size because they're usually too small to accept most of the products we sell. Most of our products require a signature upon delivery.

Our delivery provider may leave a card at the address and you will need to pick up the delivery from an Australia Post outlet or contact the delivery contractor to arrange for re-delivery.

We reserve the right to refuse delivery to specific locations for items we consider to be at high risk of loss or damage and also areas that are inaccessible with standard courier and delivery services. In this case, you may choose to have an item delivered using your own couriers, in which case title and risk in the products will pass to you at the time we deliver the products to your courier and you will be responsible for all insurance for loss or damage to the order caused by the delivery.

In some cases, we will only be able to deliver products in metropolitan areas. This information will be shown on the product listing on our website. We are not able to accept orders for international delivery at this time.

Standard Delivery

Standard Delivery is a fast and cost effective shipping method used for most items. Orders with Standard Delivery will be delivered by one of our national carrier partners, e.g. Australia Post, Allied Express, Couriers Please or other carrier as appropriate.

Standard Delivery will usually occur Monday to Friday (8am to 6pm) but could occur outside of these hours during peak periods. We do our best to keep you informed along the way as to when your order is dispatched to when it will be delivered via emails and SMS alerts.

Unfortunately we're unable to provide a choice of delivery day or time for these types of deliveries.

What If I’m not at the Address

If you are not home to receive a delivery and you have not authorised us to leave the package at the door, a card will be left with details to organise an alternative delivery day with our delivery provider.

To ensure your missed delivery gets to you as quickly as possible, our delivery provider may utilise our evening delivery option for your alternative delivery.

First-time Delivery

Did you know that our customers who authorise couriers to leave parcels in a safe place, known as an "Authority to Leave" (ATL), receive their goods faster and have higher levels of customer satisfaction?

If you can’t be home to receive your delivery, we encourage you to authorise couriers to leave parcels in a safe place out of the weather. You can provide this instruction during checkout. This will allow you to receive your goods first-time and avoid the hassle of missed deliveries and re-deliveries.

If you prefer not to allow us to leave your delivery in a safe place, we will require authorisation on delivery. Under social distancing for contactless deliveries, our drivers will ask for your name and sign on your behalf.

Delivery failure

It is important that you check your information is correct before placing your order, especially your delivery address. If you provide the incorrect delivery address, you agree that you will be liable for the additional shipping charges in order for your delivery to reach you. If our delivery provider has been unable to deliver your order due to your error or fault after 21 days or 2 attempts (whichever is sooner), we reserve the right to cancel your order. In these circumstances, we will refund you the money you have paid for your order less the delivery fees and reasonable handling fees that reflect our loss.

Risk and Title

Risk and title to the products passes to you on the date and time of delivery of the products to you by our delivery provider to you or to the ATL (Authority To Leave) address.

Our products

We aim to ensure that all the products on our website are accurately described. Unfortunately, on some occasions it is possible that our website will contain errors and we reserve the right to correct any errors or inaccuracies at any time.

In some cases, the products we offer for sale are handmade or made from natural or organic materials and there may be small variations between the product image(s) and the product you receive. Where this is applicable, it will be stated on the individual product listing on our website. We aim to ensure that all colours are displayed accurately on our website, but you should be aware that colours may appear slightly differently on different displays and screens. The shade of colour from screen to screen is not a fault or error.

We reserve the right to remove any products from our website at any time and/or remove or edit any materials or content on our website. Any such changes will apply from the time they are published on our website, but will not impact any orders that have already been placed.

We may use various technologies, including generative artificial intelligence, to help us improve the content on our website and to provide certain features to our customers. It is important to note that while we strive to ensure the quality of the generated content and responses, we cannot guarantee their absolute accuracy or reliability.

We are constantly optimising our website. We conduct experiments and personalise the shopping experience which means one customer may have a different experience from another.

Returns

Change of mind returns

Returns for change of mind are accepted on a case-by-case basis. A restocking fee of 30% applies if your return is approved.

Note, change of mind returns are different to returning a product under the Australian Consumer Law if the product is faulty - see the section below entitled Your rights under Australian Consumer Law

You will be responsible for the shipping costs for a change of mind return, irrespective of any free, discounted or any other type of shipping promotion that may have been applicable at the time of your order. This includes any costs you incur for us shipping the product to you in the first place and the cost of shipping the product back to us.

Products returned for change of mind reasons must be in 'as-new' condition and packaged securely in the original packaging. This means you have not used, assembled, damaged, washed or laundered any of the products.

The following products cannot be returned due to a change of mind:

  • Products described as "made to order"

Within 5 business days (in NSW) of receiving your return, and subject to confirming it is in 'as-new' condition, we will issue you with a store credit voucher via email in an amount equal to the price you paid for the product, less the cost to ship the product to you and any shipping costs incurred by us for you to return the product back to the warehouse.

Store credit voucher codes will be valid for one (1) year from the date of issue.


Wrong product delivered

Very occasionally we may accidentally ship the wrong product to you. If you have received an incorrect product, let us know as soon as you can, ideally within 3 days of receiving your delivery. We will offer to send you the correct product and arrange for the pick-up and return of the incorrectly shipped product at no cost to you.

Faults and damages

If a product arrives and the packaging or the product itself is clearly and significantly damaged, you should take photos or video showing the damage, refuse to accept the delivery and contact us immediately.

If you notice after a product arrives that it is missing parts, is faulty, is defective or has been damaged during manufacturing, please take photos or video clearly illustrating the problem and contact us as soon as possible, ideally within 3 days of receiving your delivery.

Your rights under the Australian Consumer Law

The Australian Consumer Law (ACL) is the national law for fair trading and consumer protection. You have rights as a consumer under the ACL in relation to our goods that we cannot exclude. This includes consumer guarantees that our goods will:

  • be of acceptable quality and not be faulty or unsafe;

  • match their description; and

  • be fit for their intended purpose.

Nothing in these Terms is intended to limit or exclude your rights as a consumer under the ACL.

You are entitled to a replacement or refund for a major failure, and for compensation for any other reasonably foreseeable loss or damage caused by our products. 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.

Disclaimer and limitation of liability

Except to the extent you have rights under the ACL or we expressly provide any additional warranties to you we exclude, to the fullest extent possible under law, all implied terms and warranties of any kind relating to the subject matter of these Terms.

Except to the extent we are required to be liable by law, we will not be liable in contract, tort or otherwise for any loss, damage, costs or expenses including without limitation, consequential, special, incidental or exemplary damages of any kind or for loss of profits, loss of anticipated savings, loss of goodwill, loss of opportunity, loss of data or any other indirect or economic losses whatsoever suffered or incurred by you, arising directly out of or in connection with these Terms.


Without limiting the above and to the extent permitted by law, our liability to you for losses you suffer arising out of or in connection with these Terms:

  • Will be reduced or limited to the extent (if any) that you cause or contribute to the losses; and

  • Is strictly limited to the total dollar amount of the products purchased by you in relation to which your loss has arisen, except that this will not apply to the extent that your losses are caused or contributed to by our acts or omissions.

Cancellations

You may cancel all or part of an order before it reaches the dispatch processing stage in which case you can choose whether to receive a store credit voucher or refund in the amount you paid for the products (including shipping, assuming there are no other products remaining on the order to be shipped). After an order reaches the dispatch processing stage, cancellations or changes are only possible if we agree to them. As we aim to process your order as soon as possible, which could be within hours of you placing your order, requests for cancellations should be lodged as soon as possible after ordering. Once products have been shipped, you cannot cancel them. Products described as 'made to order', cannot be cancelled under any circumstances. Please be advised, for Next day, Fast Track and Click & Collect dispatch items, no cancellations or changes are permitted under any circumstances.

Exchange

Unfortunately, we do not offer exchanges of our products. Simply return your items in accordance with our return policy and place a new order.

Our rights

We reserve the right to refuse a return in cases where we cannot be reasonably satisfied that you purchased the product from us or where we are not responsible for the damage in accordance with our faults and damages policy.

Warranties

We may provide a warranty against defects, and/or structural or other specific warranties, in respect of selected products only, for certain periods of time (e.g. 1, 3, 5 or 10 years) from the date of purchase from us.

Such warranties will only apply to products purchased from Temple & Webster where the description of the product on our website (at the time the product is purchased) expressly states that such a warranty applies to that product.

Manufacturer warranties

In some cases, products offered for sale on our website may be subject to a separate manufacturer's warranty. This will be communicated on the relevant product page. Where you experience an issue with a product that comes with a manufacturer's warranty, the manufacturer will generally be able to provide a faster assessment and remedy than us. Many manufacturers will have dedicated support centres with access to more detailed knowledge on their respective products, in addition to better access to spare parts. You may prefer to contact the manufacturer directly to seek a resolution rather than contacting us. If you would prefer that we assist you or you're unhappy with the resolution of your issue.

Other Policies

We reserve the right not to do business with a customer at any stage . We may block access to our website and/or office contacts and take other steps we believe reasonably necessary, if a customer engages in conduct that we objectively consider to be unprofessional, inappropriate, bullying or abusive.

Please refer to our website terms for further information on trade marks, copyright and other applicable terms including those relating to use of our website.

The privacy policy available on our website informs you of our practices regarding the collection, use and disclosure of any information we collect from or about you. Our Privacy Policy forms part of these Terms. We process information about you in accordance with our Privacy Policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate. In order to purchase through our website, , you will be asked to provide your , personal details, including your real name, billing address, shipping address, mobile phone number and email address . You will also be required to provide us with payment details so you can purchase products from us. By entering your payment details you warrant that you are the authorised holder and that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.

Force Majeure

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions or restrictions, shipping, postal or other relevant transport strike, postal theft, failure or accident, lockouts or other labour difficulty, war or national emergency, epidemics, pandemics, quarantine requirements, acts of terrorism, fire, explosion, flood, an act or omission of a third party (including our delivery partners), inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, interruption of the internet or a website or social media platform (such as Facebook), or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

Applicable law

These Terms are governed by the laws of New South Wales, Australia and are subject to the non-exclusive jurisdiction of the courts of New South Wales. Our website is available only to people who can form legally binding contracts under applicable law.

Relationship

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms.

Severability

If any provision in these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms which will continue in full force and effect.