Terms & Conditions

Welcome to The Pool Factory. Please read these Terms & Conditions carefully before using our website or placing an order.

By accessing www.thepoolfactory.com or purchasing products from The Pool Factory, Inc., you agree to comply with and be bound by the following Terms & Conditions.

If you do not agree with these terms, please discontinue use of our website.

1. Acceptance of Agreement

By using our website, you agree to the terms and conditions outlined in this Terms & Conditions of Use Agreement ("Agreement").

This Agreement constitutes the entire and only agreement between The Pool Factory and you regarding the website, its content, products, and services. It supersedes all prior or contemporaneous agreements, representations, warranties, and understandings concerning these matters.

The Pool Factory reserves the right to amend this Agreement at any time without specific notice. The most current version will be posted on our website.

Customers are encouraged to review these Terms & Conditions periodically.

2. Pricing, Availability & Price Adjustments

Product Pricing & Availability

The Pool Factory makes every effort to ensure that product descriptions, prices, and availability are accurate. However, errors may occasionally occur.

The Pool Factory reserves the right to:

Correct inaccurate product descriptions or pricing.
Change product prices and availability.
Cancel orders containing pricing errors.
Remove incorrectly priced or unavailable products from an order.

If an order is canceled because of a pricing error, all associated charges will be credited or refunded within 30 days.

If merchandise has already shipped and a pricing error is discovered, the customer may choose to pay the difference or return the merchandise.

Customers are not entitled to purchase merchandise at an incorrectly displayed price.

Price Adjustments

A one time price adjustment may be requested when an eligible product is marked down within 14 days of the original purchase date.

The following conditions apply:

The price reduction must occur within 14 days of purchase.
Products purchased using coupons or promotional discounts are not eligible for price adjustments.
Requests must be submitted within the 14 day eligibility period.
Approved price adjustments are issued as gift cards only.

3. Orders & Processing Times

Most in stock orders ship within 1 to 2 business days.

Please note:

Orders received after 9:00 AM Eastern Time on Friday will be processed the following Monday.
Orders placed during our peak season, March through July, may require additional processing time.
Replacement pool part orders may take 3 to 5 business days to ship.
If an item is backordered, customers will be notified by email and given the option to cancel or substitute the unavailable item.

Business days are Monday through Friday, excluding applicable holidays.

Processing and shipping times are estimates and are not guaranteed.

4. Order Cancellations

Orders may only be canceled before shipment, subject to the conditions below.

Freight Order Cancellation Fees

A $195 cancellation fee applies to freight orders canceled during either of the following order statuses:

Processing: The period immediately after an order is placed, during which order processing begins and The Pool Factory incurs irreversible fees.

Ready to Ship: The order has been picked, packed, placed on a shipping pallet, wrapped, and labeled for shipment.

Freight orders include swimming pools, pool heaters, and pool decks.

Orders Already Shipped

Once an order has been marked as shipped, it cannot be canceled.

Customers wishing to return an order that has already shipped must follow our Return Policy.

5. Shipping & Delivery

The Pool Factory ships to the 48 contiguous United States.

We do not ship to P.O. boxes.

Standard Shipping

Most smaller products ship using FedEx or UPS Ground.

Swimming pools, pool decks, and pool heaters ship through freight carriers.

Freight Shipping

Swimming pools and other large freight products cannot be shipped through standard parcel carriers because of their size and weight.

Most swimming pool orders ship within 1 to 2 business days after an order is placed.

Estimated freight transit times are:

Most locations: 2 to 8 business days.
AZ, CA, ID, MT, ND, NM, NV, OK, OR, SD, UT, WA, WI, and WY: 5 to 12 business days.

Freight deliveries generally occur Monday through Friday between 8:00 AM and 5:00 PM. Delivery times vary by carrier.

Shipments to certain areas of the United States may experience additional transit delays during periods of high demand.

Scheduling Freight Deliveries

Once a shipment arrives at the local freight terminal, the carrier will contact residential customers to schedule a delivery appointment.

Business deliveries may occur without advance notification.

An adult must be present to receive and sign for the shipment.

Customers must arrange and receive their freight delivery within 24 to 48 hours of arrival at the destination terminal, and no later than 48 hours, to avoid storage charges.

Delivery Access Restrictions

Freight carriers may require customers to meet the delivery driver at a designated accessible location near their residence.

This may occur when:

The residence is located on a dirt road.
Road weight restrictions prevent truck access.
The property is located on a dead end road that cannot accommodate the freight truck.
Other access restrictions prevent the carrier from reaching the delivery address.

Freight Inspection & Damage Reporting

Customers must inspect freight shipments before signing the driver's delivery receipt.

Before signing:

Inspect the shipment for obvious visible damage.
Verify that the total number of cartons received matches the number listed on the delivery receipt.
Record all visible damage or missing cartons on the driver's delivery receipt before signing.

The driver will provide a copy of the delivery receipt and retain the original signed copy.

Important: If visible damage or shortages are not documented on the driver's copy of the delivery receipt, The Pool Factory will not be responsible for those damaged or missing cartons, subject to applicable law.

Concealed damage must be reported within 72 hours of receiving the shipment.

Refused Freight Deliveries

Freight orders refused at delivery are subject to:

A 25% restocking fee.
All applicable freight shipping costs.
A redelivery fee when applicable.

Redelivery fees vary by location.

Delivery Dates & Delays

The Pool Factory does not guarantee specific freight delivery dates.

Freight services are provided by independent carriers that coordinate delivery appointments directly with customers.

The Pool Factory does not compensate customers for lost wages or time taken off work because of unforeseen changes in freight delivery schedules.

6. Payments, Fraud Prevention & Account Verification

Payments

By purchasing products or services from The Pool Factory or from third party merchants accessible through our website, customers represent and warrant that:

All credit card and payment information provided is true, accurate, and complete.
Charges incurred will be honored by the customer's credit card company or applicable payment provider.
The customer will pay all charges at the posted prices, including applicable shipping fees and taxes.

Fraud Prevention

Customers agree to provide accurate and truthful information when placing orders or using our website.

The Pool Factory reserves the right, in its sole discretion, to cancel orders without notice if:

False or misleading information has been provided.
These Terms & Conditions have been violated.
Fraudulent or unauthorized activity is suspected.
Other abuses of the website or ordering process have occurred.

Account Verification

The Pool Factory reserves the right to contact customers or registered members by email to verify information, including their name, address, and other account information necessary to provide the information or services requested.

7. Product Information & Color Variations

The Pool Factory makes reasonable efforts to display accurate product images, descriptions, specifications, and colors.

Swimming pool images and other product images displayed on our website are intended to closely represent the actual products.

However, actual colors may vary slightly because of differences in computer monitors, mobile devices, display settings, and lighting.

Customers should carefully review all product specifications before purchasing.

8. Pool Measurements, Installation & Local Requirements

Pool Measurements

Customers are responsible for ensuring that their installation space is properly measured before purchasing an above ground swimming pool.

The outside dimensions of each swimming pool are listed in the product specifications.

Diagrams showing exact pool dimensions are available on the applicable product pages.

The Pool Factory is not liable for issues arising from incorrect measurements, ordering the wrong pool size, or purchasing a pool that does not fit the intended installation area.

Local Ordinances, Permits & Safety Codes

Customers are responsible for complying with all applicable local ordinances, building codes, safety regulations, and installation requirements established by their township or governing authority.

This includes obtaining any required:

Building permits.
Engineering reports.
Municipal approvals.
Inspections.
Required pool safety equipment.

If a local township requires an engineering report, the customer is responsible for obtaining all necessary reports and approvals before completing the purchase of the swimming pool.

Customers should contact their local governing authority to confirm applicable requirements.

9. Defective Products & Manufacturer Warranties

If a product defect results from a manufacturing error, a free replacement of the defective product will be shipped to the customer according to the applicable manufacturer's warranty terms.

If product testing establishes that a problem resulted from improper use or improper installation, the customer will not receive a refund for the product.

The Pool Factory does not cover expenses associated with defective products, including:

Labor or installation fees.
Cost of materials.
Lost wages.
Water loss.
Other charges or expenses that may accumulate because of the defective product.

Manufacturer warranty terms determine applicable product coverage and replacement eligibility.

10. Pool Safety

Above ground and semi inground swimming pools contain shallow water and require appropriate safety precautions.

Important Safety Guidelines

Never jump or dive into an above ground or semi inground swimming pool.
The use of slides or diving boards is not recommended with above ground or semi inground swimming pools.
Never swim under, through, or around a pool entry ladder.
Provide a safety briefing for guests who will be using the swimming pool.
Always provide responsible adult supervision for children using the pool.

Local Safety Requirements

Local townships may require additional safety equipment, including swimming pool alarms.

Customers should contact their local township for information about applicable pool safety requirements.

Customers are responsible for ensuring that their swimming pool installation and use comply with all applicable safety regulations.

11. Copyright, Intellectual Property & Website Usage

Copyright & Intellectual Property

All website content, including organization, graphics, designs, compilations, magnetic translations, digital conversions, product descriptions, documents, and other materials, is protected by applicable copyright, trademark, registered trademark, and other proprietary and intellectual property laws.

Copying, redistributing, using, or publishing website content without authorization is prohibited, except as expressly permitted by this Agreement or applicable law.

Viewing or accessing website content does not transfer ownership rights to the user.

Posting information or materials on the website does not constitute a waiver of The Pool Factory's rights in those materials.

Limited Right to Use

Visitors are granted a limited, nonexclusive license to view, print, or download website content for personal use only.

This license does not permit:

Republication or redistribution.
Assignment or sublicensing.
Commercial resale.
Preparation of derivative works.
Unauthorized reproduction or distribution.

No website content, form, or document may be reproduced or incorporated into an electronic or mechanical information retrieval system, except for authorized personal use and as otherwise permitted by law.

Website Modifications

The Pool Factory reserves the right, in its sole discretion, to edit, modify, or delete documents, information, website content, or these Terms & Conditions without further notice.

Customer Submissions

All suggestions, ideas, notes, concepts, and other information voluntarily submitted to The Pool Factory (collectively, "Submissions") shall be deemed and remain the sole property of The Pool Factory, to the extent permitted by applicable law.

Submissions are not subject to any obligation of confidentiality on the part of The Pool Factory.

Without limiting the foregoing, The Pool Factory shall be deemed to own all known and future rights of every kind and nature relating to the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose without compensation to the person providing them, subject to applicable law.

12. Third Party Services, Privacy & Marketing Communications

Third Party Merchants & Services

The Pool Factory may provide access to or advertise independent third party merchants and websites offering products or services.

The Pool Factory does not operate or control the products or services offered by these merchants.

Third party merchants are responsible for all aspects of their transactions, including:

Order processing.
Order fulfillment.
Billing.
Customer service.

The Pool Factory is not a party to transactions entered into directly between customers and third party merchants.

Customers use third party merchants at their own risk.

To the extent permitted by law, The Pool Factory disclaims all warranties relating to third party merchants and their products or services, including warranties of title, fitness for a particular purpose, merchantability, and noninfringement.

The Pool Factory is not liable for damages arising from transactions between customers and third party merchants or information appearing on merchant websites or other websites linked to our website, subject to applicable law.

Third Party Merchant Policies

Customers using third party websites are subject to the applicable merchant's rules, privacy policies, and operating procedures.

The Pool Factory is not responsible for information customers provide directly to third party merchants.

The Pool Factory and third party merchants are independent contractors. Neither party has authority to make representations or commitments on behalf of the other.

Links to Other Websites

Our website may contain links to independently operated websites.

The Pool Factory does not investigate, monitor, or verify the accuracy, completeness, content, or opinions expressed on third party websites.

The inclusion of a website link does not constitute approval or endorsement by The Pool Factory.

Customers who access linked third party websites do so at their own risk.

Privacy Policy & Use of Information

Our Privacy Policy, as updated from time to time, forms part of this Agreement.

The Pool Factory reserves the right, and customers authorize The Pool Factory, to use and assign information regarding website usage and information provided by customers in any manner consistent with our Privacy Policy and applicable law.

SMS, MMS & Email Marketing Consent

Customers who agree to receive promotional or contest messages from The Pool Factory acknowledge that:

Message and data rates may apply.
Message frequency may vary.
Consent to receive promotional messages is not required as a condition of purchasing goods or services.

Customers may text HELP at any time for additional assistance or visit our Contact Us page.

Customers may text STOP at any time to unsubscribe from text messages.

Email subscribers may unsubscribe through the link provided in promotional emails.

13. Disclaimers, Limitations of Liability & Indemnification

Website Disclaimer

Information and services provided through The Pool Factory website are offered on an "as is" and "as available" basis.

To the fullest extent permitted by applicable law, The Pool Factory and its affiliated parties disclaim all express and implied warranties, including implied warranties of merchantability and fitness for a particular purpose.

Website information and services may contain bugs, errors, technical problems, or other limitations.

The Pool Factory and its affiliated parties disclaim liability arising from the use of website information or services to the extent permitted by applicable law.

Disclaimer of Damages

To the fullest extent permitted by applicable law, The Pool Factory and its affiliated parties shall not be liable for indirect, special, incidental, or consequential damages, including:

Loss of business.
Loss of profits.
Litigation expenses.
Other consequential losses arising from use of the website or related services.

These limitations apply to claims based on breach of contract, breach of warranty, tort, including negligence, product liability, or other legal theories, even if The Pool Factory has been advised of the possibility of such damages, to the extent permitted by law.

These limitations are fundamental elements of the agreement between The Pool Factory and its customers.

The website and its information would not be provided without these limitations.

No Additional Warranties

No oral or written advice or information obtained from The Pool Factory through the website shall create any warranty, representation, or guarantee that is not expressly stated in this Agreement.

Electronic Files & Viruses

The Pool Factory disclaims responsibility or liability for damages caused by viruses contained within electronic files, forms, or documents obtained through the website, to the extent permitted by applicable law.

The Pool Factory shall not be liable for incidental, special, or consequential damages resulting from the use of, or inability to use, the website, to the extent permitted by law.

Maximum Liability

To the fullest extent permitted by applicable law, The Pool Factory's maximum liability to a customer under all circumstances shall be limited to the purchase price paid by the customer for the goods, services, or information giving rise to the claim.

Indemnification

To the extent permitted by applicable law, customers agree to indemnify, defend, and hold harmless The Pool Factory and its partners, attorneys, staff, and affiliates (collectively, "Affiliated Parties") from any liability, loss, claim, or expense, including reasonable attorneys' fees, related to the customer's violation of this Agreement or use of the website.

Nothing in these Terms & Conditions excludes or limits rights or remedies that cannot legally be excluded under applicable law.