Terms & Conditions

Welcome to the Pool Guys and Clorogene websites.

These Terms & Conditions apply to your use of our websites and to purchases made through our online stores.

By using our websites or placing an order, you agree to these Terms & Conditions.

These Terms & Conditions are governed by the laws of New Zealand.

1. About Us

The Pool Guys and Clorogene are New Zealand-owned and operated businesses supplying pool, spa, cleaning, water treatment and related products.

References to "we", "us" or "our" in these Terms & Conditions mean the business operating the relevant website.

References to "you" or "your" mean the person using our website or purchasing products from us.

2. Website Information

We aim to ensure that the information on our websites is accurate and up to date.

However, product information, photographs, colours, specifications, availability and pricing may occasionally change.

We reserve the right to correct errors or update information where necessary.

Product photographs are provided as a guide and may vary slightly from the actual product, including packaging, colour or labelling.

3. Product Availability

All products are subject to availability.

Adding a product to your shopping cart does not guarantee that the product will remain available until your order is completed.

If we are unable to supply an item you have ordered, we will contact you and may offer an alternative, backorder or refund as appropriate.

4. Prices

All prices displayed on our websites are in New Zealand dollars (NZD) and include GST unless otherwise stated.

We reserve the right to change prices at any time. Any price change will not affect an order that we have already accepted at the displayed price, except where an obvious pricing error has occurred.

If we identify an obvious pricing error before an order is fulfilled, we may contact you to confirm whether you wish to proceed at the correct price or receive a refund.

5. Placing an Order

When you place an order through our website, you are making an offer to purchase the products in your order.

An order confirmation email confirms that we have received your order. It does not necessarily mean that your order has been accepted if there is an issue with product availability, pricing, payment or delivery.

We may contact you if we need additional information before processing your order.

6. Payment

Payment must be made using the payment methods available at checkout.

Orders will generally not be dispatched until payment has been successfully received.

We do not store your complete payment card details. Payment information is processed through our approved payment providers.

7. Delivery

We currently deliver within New Zealand only and do not offer international shipping.

Shipping costs are calculated at checkout.

Additional charges may apply for rural delivery and products classified as dangerous goods.

Further information is provided in our Shipping Policy.

We will make reasonable efforts to dispatch orders within the timeframe communicated to you.

Delivery timeframes may vary depending on your location, courier availability, rural delivery requirements, dangerous goods requirements and circumstances outside our reasonable control.

Where we arrange delivery, your rights under the Consumer Guarantees Act continue to apply.

8. Click & Collect / Store Pickup

Free store pickup is available where offered at checkout.

You will be notified when your order is ready for collection.

Please do not attend the store to collect your order until you have received confirmation that it is ready.

You are responsible for ensuring that the person collecting the order has sufficient information to identify the order.

9. Dangerous Goods

Some products sold through our websites may be classified as dangerous goods.

These products are subject to specific transport, packaging and handling requirements.

Additional dangerous goods charges may apply and certain products may have delivery restrictions.

We may contact you if additional information or arrangements are required before your order can be dispatched.

For safety reasons, we may decline to ship a product where the selected delivery method or destination does not meet the applicable transport requirements.

10. Product Use and Safety

Products, particularly chemicals, cleaning products and pool and spa chemicals, must be used, stored and handled in accordance with the instructions and safety information provided with the product.

You are responsible for reading and following all relevant product instructions, labels and safety information before using a product.

Do not mix chemicals unless the product instructions specifically state that it is safe to do so.

If you are unsure about the correct product, dosage, application or safe handling requirements, please contact us before using the product.

Nothing in these Terms & Conditions limits any rights you have under applicable New Zealand consumer law.

11. Returns and Refunds

Our Returns & Refunds Policy forms part of these Terms & Conditions.

Products that are faulty, damaged, not of acceptable quality, do not match their description or otherwise fail to meet applicable consumer guarantees will be dealt with in accordance with the Consumer Guarantees Act 1993 where it applies.

A change of mind does not automatically entitle a customer to a refund or exchange.

Please refer to our Returns & Refunds Policy for further information.

12. Consumer Guarantees Act

Where the Consumer Guarantees Act 1993 applies to a purchase, nothing in these Terms & Conditions is intended to exclude, restrict or modify your rights under that Act.

The CGA provides consumers with guarantees relating to matters including acceptable quality, fitness for purpose, description and delivery.

Where a product or service does not meet a relevant guarantee, you may have rights to a repair, replacement, refund or other remedy depending on the circumstances.

13. Fair Trading Act

We will comply with our obligations under the Fair Trading Act 1986.

We will not knowingly make misleading or deceptive claims about our products, prices, services or business.

Product descriptions and claims are intended to provide accurate information about the products we supply.

14. Intellectual Property

Unless otherwise stated, the content on our websites, including text, photographs, graphics, logos, branding, product information and other materials, belongs to us or is used with permission.

You must not reproduce, copy, modify, distribute or use our website content for commercial purposes without our written permission.

15. Website Use

You agree to use our websites for lawful purposes only.

You must not:

• use the website for fraudulent or unlawful activity;
• interfere with the operation or security of the website;
• attempt to gain unauthorised access to our systems;
• introduce malicious software or harmful code; or
• use website content in a way that infringes our rights or the rights of others.

16. Links to Other Websites

Our websites may contain links to third-party websites.

We are not responsible for the content, availability, security or privacy practices of third-party websites.

You access third-party websites at your own risk.

17. Website Availability

We aim to keep our websites available and operating correctly but cannot guarantee that they will always be available, uninterrupted or free from errors.

We may temporarily suspend or restrict access for maintenance, updates, security reasons or circumstances outside our reasonable control.

18. Limitation of Liability

To the maximum extent permitted by law, we are not responsible for losses arising from your use of our website where those losses are not reasonably foreseeable or are outside our reasonable control.

Nothing in these Terms & Conditions excludes or limits any liability or consumer right that cannot legally be excluded or limited under New Zealand law, including rights under the Consumer Guarantees Act.

19. Events Outside Our Reasonable Control

We will not be responsible for delays or failures caused by circumstances outside our reasonable control, including severe weather, natural disasters, courier disruptions, transport interruptions, strikes, power or telecommunications failures, or other events beyond our reasonable control.

Where such an event occurs, we will take reasonable steps to minimise the impact and keep you informed where appropriate.

20. Changes to These Terms

We may update these Terms & Conditions from time to time.

The version published on our website at the time you place an order will apply to that order, subject to any rights you have under New Zealand law.

21. Governing Law

These Terms & Conditions are governed by the laws of New Zealand.

Any dispute will be dealt with under the applicable laws and dispute resolution processes available in New Zealand.

22. Contact Us

If you have any questions about these Terms & Conditions, an order, a product or your consumer rights, please contact us through the contact details provided on our website.