Terms & Conditions
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Return Policy and Pricing Policy
Most items including swimming pools may be returned within fourteen (14) days of receipt by you. Credit will be issued upon return of item(s) subject to the following terms: You must contact us via email giving us the order date and item number and we will respond within two (2) business days with an RGA (Return Goods Authorization) number. No item will be accepted for return without this number. Return shipping costs are the customer's responsibility. Items for return must be unused, in their original packaging, presentable for sale, and with all warranty cards, manuals, etc. We cannot accept returns for chemicals, lights, battery powered vacuums, automatic cleaners, solar reels, pool decks, heaters, heat pumps, fence kits and above ground pool parts. We can only accept pool returns in the same way they are received, completely shrink wrapped on the pallet. Swimming pools, liners, winter covers, leaf net covers and solar covers may not be returned if cartons are wet, opened or unfolded. A 25% restocking fee will be applied to any swimming pool that is returned. All other items returned are subject to a 25% restocking charge. Orders refused at time of receipt are subject to a 25% restocking charge and all freight shipping costs. Special order items are not returnable. One-time price adjustments are available for items marked down within fourteen (14) days of the date on your purchase. Items purchased with coupons or promotional discounts are not eligible for price adjustments. To obtain a price adjustment on an online purchase, please contact us within the fourteen (14) day window. The credit will be applied in the form of a gift card only.
3. Disclaimer of Product Pricing
ThePoolFactory.com, may at any time, change product pricing which has been erroneously displayed on the website. In the event of an error in pricing, the ThePoolFactory.com may cancel the orders or remove the items from the order. In the event of cancellation, all associated fees will be either credited to your account or refunded within 30 days. If the merchandise has been shipped, you have the right to pay the difference or return the merchandise. The customer is not entitled to merchandise at an erroneous price.
4. Order Times
Most orders are in stock and are shipped out within 1-3 business days. All orders received on Friday after 9am EST will be processed the following Monday. All Freight orders placed on our website will be charged a $195 cancellation fee in the event a freight order is canceled during the "Processing" status. The Processing status period is the time immediately after an order is placed. During this process we incur irreversible fees. Freight Orders in the "Ready to Ship" status will also be charged a $195 cancellation fee. "Ready to Ship" simply means that your order has been prepared for shipping (picked, packed, placed on a shipping pallet, wrapped, and labeled for shipping). Freight Orders include Swimming Pools, Heaters and Pool Decks. For all orders: Once an order is marked Shipped, we are unable to cancel your order, please follow our Return Policy. Orders during the busy season (March thru July) may take slightly longer. All replacement pool part orders may take up to 7-10 business days to ship. If an item is back-ordered, you will be notified by email and have the option of cancelling or substituting the back-ordered item..
5. Order Times for Above Ground Pools
Freight Shipping Policy: Swimming pools are too large to be shipped through UPS, Federal Express or the USPS. We ship all swimming pool orders out 1-3 business days after you place your order. Transit time can vary depending on your location but generally takes 2-8 business days to most areas.(AZ, CA, ID, MT, ND, NM, NV, OK, OR, SD, UT, WA, WI, WY will generally take 5-14 business days). Business Days are Monday thru Friday. Delivery Hours are usually 8am-5pm. (Delivery time varies depending on the carrier). When the shipment arrives at your local terminal, the carrier will call you to make an appointment before making the delivery to your home. Orders shipping to a business will not receive notification prior to delivery. Due to overwhelming demand, shipments to certain areas in the U.S. may experience additional delays during transit.
An adult must be at the delivery location to receive and sign for their freight order. Once shipment arrives at the destination terminal, you will need to schedule delivery with the freight company and receive freight within 48 hours to avoid storage charges.
Important! If your order includes a swimming pool or other large freight item please follow these simple guidelines: Before signing the truck drivers receipt inspect the shipment for obvious damages. Also check to make sure the total number of cartons on the delivery receipt match the total number of cartons you are receiving. **Important** Please make a note on the delivery receipt (before signing) of any visible damage and/or shortage. The driver will give you a copy of the receipt and take the original signed copy. If you do not note the shortage or obvious visible damage on the drivers copy we will not be responsible for any damaged or missing cartons. Concealed damages must be reported within 72 hours after receiving your shipment.
Note: Refusal of delivery of a freight order will result in a 25% restocking fee and all freight shipping costs. The Pool Factory does not guarantee specific delivery dates for shipments because shipping services are contracted with independent companies that schedule delivery dates with customers. Orders shipping to a business will not receive notification prior to delivery. Please Note: The Pool Factory does not compensate for wages lost from time off of work due to unforeseen changes in delivery times that are arranged with freight carriers. You may be required to meet the freight delivery driver at a designated location near your residence including but not limited to: customer’s residence is located on a dirt road, weight restrictions, or a dead-end road in which the freight driver is unable to proceed).
Re-delivery Fee for Freight Shipments
Orders refused at time of delivery are subject to a re-delivery fee. (Fee varies by location)
6. Standard Non-Freight Shipping Details
Orders are shipped Fedex/UPS ground, excluding swimming pools, decks, and pool heaters. We only ship to the 48 contiguous states. We do not ship to P.O. boxes.
7. Copyright
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
8. Fraud
By agreeing to our terms and conditions, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your order can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by ThePoolFactory.com in its sole discretion.
9. Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
10. Editing, Deleting and Modification
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
11. Colors
Please note: Swimming pool images and products displayed on our website are very close to the true colors, however, due to different computer monitors and display devices some of these images may vary slightly.
12. Indemnification
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
13. Disclaimer
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
14. Limits
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
15. Use of Information
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
16. Third-Party Services
We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
17. Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
18. Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
19. Payments
You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
20. Links to Other Web Sites
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
21. Submissions
All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
22. Verify Members' Address
ThePoolFactory.com reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from ThePoolFactory.com.
23. Defective Products
If a product defect is a result of a manufacturing error, a free replacement of the defective product will be shipped to the customer based on the manufacturer’s warranty terms. If product testing results prove improper use and/or improper installation of the product, the customer will not be credited a refund. Please Note: The Pool Factory does not cover the cost of labor/installation fees, cost of materials, wages lost, water loss, or any other charges that may accumulate as a result of the defective product.
24. Measurement Responsibility
Customers are responsible for ensuring that the measurements of their installation space are accurate before purchasing an above ground swimming pool. The outside dimensions of each pool are clearly listed under the product specifications, and diagrams showing the exact dimensions are available on the product page. We are not liable for any issues that arise from ordering the incorrect size or a pool that does not fit the intended space.
25. Local Ordinances and Safety Codes
Customers are responsible for adhering to all local ordinances, safety codes, and guidelines provided by their township or governing authority. It is the customer's duty to ensure compliance with any regulations related to pool installation and use.
26. Safety Information
Remember – Shallow Water – No jumping or diving into an above ground pool or semi-inground pool. The use of a slide and/or diving board is not recommended with an above ground pool or semi-inground pool. Do not swim under, through or around your entry ladder. Remember to provide a safety briefing for guests visiting and using an above ground pool or semi-inground pool. Always provide adult supervision for children using your pool.
Note: Your local township may require a pool alarm for an above ground or semi-inground swimming pool. Please contact your local township for more information about applicable requirements.
