Terms and Conditions
- Agreement between customer and Ideal Shop
- Modification of these Terms and Conditions
- Your Order
- Your Privacy
- Legal Capacity to Transact
- Return of Inflatable/Blow Up Toys
- Credit Card Fraud
- Website Use
- Payment Security
- Swim-In Communication
- Promotions and Competitions
- Disclaimers and Limitation of Liability
- Application of Terms and Conditions
- Force Majeure
- Governing Law
Agreement between Customer and Ideal Shop
IdealShop.com.au the website is offered to you and conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the IdealShop.com.au website constitutes your agreement to all such terms, conditions, and notices.
Modification of these Terms and Conditions
Ideal Shop reserves the right to change the terms, conditions, and notices under which The Ideal Shop Web Site is offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on The Ideal Shop Web Site. Your continued use of The Ideal Shop Web Site constitutes your agreement to all such terms, conditions, and notices.
No Ideal Shop employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Orders are subject to availability and acceptance.
You enter into an order contract with Ideal Shop once you have selected to confirm your order, and your order will be able to be dispatched as soon as payment for your order is received in full by Ideal Shop.
When you place an order and make payment, if you pay by credit card, your credit card will be debited and you will receive an order confirmation via email which is proof of your order.
Failure to receive order or payment confirmations via email does not constitute failure of the order contract.
Once an order is placed you cannot cancel your order. In the unlikely event an item is not in stock or we refuse your order for any reason, your order will only be deemed to be cancelled once Ideal Shop refunds any payment made. Until a refund is made your order contract remains vaild. Any communication regarding an order by an Ideal Shop employee will not be deemed in any way cancellation of an order.
Please note, that once you have placed your order, we cannot make any changes or change the delivery address. So please take care to enter details accurately.
Ideal Shop reserves the right to refuse an order for any reason.
Legal Capacity to Transact
If you are under the age eighteen (18) years you can not place orders with Ideal Shop. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should Ideal Shop suffer any damage or other losses as a result of a transaction entered into by a minor, Ideal Shop reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Ideal Shop.
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
Where we provide you with an estimated date for delivery of all parcels, all dates specified are estimates only. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays. We make every effort to deliver by this time, and have aligned ourselves with courier partners such as Australia Post and Toll Ipec, who we believe will always do their best to deliver products by the estimated delivery date. Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.
For items lost in transit which are covered by insurance, in the first instance we will replace the item. If we are unable to replace the item we will provide you with a full refund.
Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be despatched according to our discretion.
Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
Your right to Return
If you change your mind about a purchase or make an incorrect choice, we will provide you with a store credit for unopened products within 14 days of delivery. This excludes all actual delivery costs (actual cost of sending and cost of returning) Please note that change of mind does not apply to made to order items as provided under the section 'Order Cancellation & Made to Order Items'
At Swim-In's absolute discretion we may accept returns for change of mind or refused delivery and provide a refund, less a 35% restocking fee and less the actual cost of delivery and return.
We offer a 30 day returns policy if your item is D.O.A. (Dead On Arrival) D.O.A. means that the product arrives to your door damaged during shipping, or show evidence that it is defective.
Order Cancellation & Made to Order Items
Once an order has been placed it cannot be cancelled. In regards to special order items and made to order products including but not limited to our pool slides, you agree that delay by our manufacturing partners in manufacturing and delivering your order does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
How to Return Your Product
Contact the Swim-In team by email. A customer service representative will evaluate your return request, record all the necessary product return information and issue you with a Return Authorisation Number (RAN). You must obtain an RAN number within 30 calandar days of receiving the product so as to ensure that you are eligible for return.
All products being returned must be returned in the original unmarked packaging with all the supporting materials, including warranty and instruction manuals, adaptor cords, batteries, documentation and registration that was shipped with the product. Incomplete returns will not be refunded.
We do not cover the inital cost of returns for inflatable/blow up items. Please see the section below Return of Inflatable/Blow Up Toys
As soon as the return has been received, the product will be assessed for appropriate action.
IMPORTANT: You must obtain an RAN number within 30 calandar days of receiving the product and the return must be received by Swim-In Pool Store within 30 calandar days after the RAN number has been issued. In the first instance we will replace the returned item. If we are unable to replace the returned item we will provide you with a full refund.
Assessment of Returned Item
- Replacement product will only be shipped after the item has been received and assessed by Swim-In Pool Store.
- Returns without an RAN number will not be accepted, and the returned product will become the property of Swim-In.
-Any order that is delivered to the intended addressee and subsequently returned to Swim-In without authorisation and marked return to sender by the addressee will become the property of Swim-In, no refund will be given.
- Swim-In Pool Store takes no responsibility for products lost whilst in transit.
- Once we receive the item, customer service will determine whether it qualifies as a return under the criteria of a D.O.A. To be presumed D.O.A. the product must be damaged when removed from its packaging, or show evidence of failure or a defect.
- If it is deemed by Swim-In that the product is not D.O.A. we reserve the right to refuse refund or replacement. The returned product will become our property.
- Further if it is determined that the item is not considered to be D.O.A. and the customer has misrepresented the item as being D.O.A., we will charge a $39 administration fee.
- Any item that is returned for refund and a replacement item is issued; the returned item becomes our property.
- Any item that is returned and we provide a refund; the returned item becomes our property.
Return of Inflatable/Blow Up Toys
We do not cover the cost of return for inflatable items until a physical assessment can be made. You are still required to contact the Swim-In team by email within 30 calandar days of receipt, and a customer service representative will evaluate your return request, record all the necessary product return information and issue you with a Return Authorisation. Any returns without a Return Authorisation will not be accepted and returns must be made within 30 calandar days of the Return Authorisation being granted.
On receipt of the inflatable item, our normal assessment proceedure will be applied under the 'Assessment of Returned Item' section. If it is determined that the item is D.O.A. we will then refund your cost of return. Please Note: We cannot accept responsibility for items that are damaged by over inflation or misuse. We only cover products that arrive to you in a damaged condition.
If the item is assessed as not being D.O.A. we will not refund the cost of return and we also reserve the right to refuse refund or replacement.
We strongly recommend that you return items via registered mail. We will not accept responsibility for items that are lost in transit, and we cannot provide a refund until the D.O.A. product is recieved by us.
Credit Card Fraud
Even though Swim-In Pool Store uses a secure server, Swim-In Pool Store will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
Swim-In Pool Store reserves the right to change any prices for products displayed on the Swim-In website for products at any time.
This site may provide links to other websites not related to Swim-In Pool Store. The content of any such sites is not under our control; accordingly we do not accept any responsibility or liability for the content of these sites. Neither do these links signify endorsement of these sites in any way whatsoever.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Swim-In Pool Store or its content suppliers and protected by Australian and international copyright laws.
When you place an order with us or access your member information, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this website. Swim-In makes no warranty in respect to the strength or effectiveness of that encryption and Swim-In is not responsible for events arising from unauthorised access of the information you provide.
Any and all correspondence with Swim-In Pool Store, its staff or agents, is strictly confidential and for the intended addressee only. Any publication of it, be it print, media, public forums without express written approval is strictly prohibited.
Promotions and Competitions
Other Terms and Conditions not listed herein and applying to Swim-In Pool Shop promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail.
Should you object to any of these Terms and Conditions (including any subsequent amendments) you must immediately discontinue using this website.
Disclaimers and Limitation of Liability
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Except where to do so would cause any part of these Terms to be illegal, void or unenforceable, Swim-In Pool Store:
To the fullest extent permitted by applicable law, is not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with use of this web site; and
Excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with this web site.
Without limiting the general disclaimer, Swim-In:
Makes no warranty as to the completeness or accuracy of any material or as to its merchantability or fitness for a particular purpose. Swim-In is not liable to you or anyone else if errors occur in the information on this web site or if that information is not up-to-date;
Will not be liable for disruptions to this web site; and
Is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this web site or an external site. You must take your own precautions to ensure that whatever you select for use from this web site is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Application of Terms and Conditions
Failure to apply a Term and Condition in any instance, either on our part, or yours, does not constitute a waiver of such Term or Condition, nor will such a failure in any way affect the right to later enforce such Term or Condition.
The Recommended Retail Price (RRP) is the suggested selling price that the manufacturer, distributor or importer provides to us at the time of our purchase of each product.
As market prices are dynamic, we cannot guarantee the current accuracy of a Recommended Retail Price. We therefore recommend you do your own research as to market prices before you purchase.
Where we are the importer of a product we do not publish a Recommended Retail Price unless that identical item is readily available in the marketplace. In these cases we will publish the selling price in the market as the Recommended Retail Price.
If a delay is caused by circumstances outside the reasonable control of Swim-In Pool Store, it shall not be liable for any delay in performing any of its obligations under these Terms and Conditions, and Swim-In Pool Store shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia and shall be subject to the non-exclusive jurisdiction of the courts of Western Australia.
There are a number of Australian laws in pertaining to fair trading and privacy including the Trade Practices Act 1974 and the Commonwealth Privacy Act 1988 (with Amendments in 2000). For more information on Australian legislation please visit http://www.scaleplus.law.gov.au/browse.htm. Dispute resolution services are available in each Australian State and Territory.