Pond Supplies Terms & Conditions

ELECTRONIC COMMUNICATIONS

When you visit Pond Supplies or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as, graphics, logos, button icons, images, digital downloads, is the property of Pond Supplies or its content providors and protected by Australian and international copyright laws. Most of the text content on this site is the property of Creative Pumps. The compilation of all content on this site is the exclusive property of Pond Supplies and protected by Australian and international copyright laws.

LICENSE AND SITE ACCESS

Pond Supplies grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Pond Supplies. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pond Supplies. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pond Supplies and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Pond Supplies's name or trademarks without the express written consent of Pond Supplies. Any unauthorised use terminates the permission or license granted by Pond Supplies. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Pond Supplies so long as the link does not portray Pond Supplies, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Pond Supplies logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Pond Supplies and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

At times, visitors may post reviews, comments, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Pond Supplies reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Pond Supplies and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Pond Supplies and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pond Supplies or its affiliates for all claims resulting from content you supply. Pond Supplies has the right but not the obligation to monitor and edit or remove any activity or content. Pond Supplies takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from Pond Supplies are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Pond Supplies and its affiliates attempt to be as accurate as possible. However, Pond Supplies does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Pond Supplies itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, if we show a List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

With respect to items sold by Pond Supplies, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:

• If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
• If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by Pond Supplies.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site is provided by Pond Supplies on an "as is" and "as available" basis. Pond Supplies makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, Pond Supplies disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Pond Supplies does not warrant that this site, its servers, or e-mail sent from Pond Supplies are free of viruses or other harmful components. Pond Supplies will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

FAULTY PRODUCTS

Simply send an email to sales@pondsupplies.com.au
Stating
a) your receipt number
b) your contact details - (Phone number is critical)
c) the reason for requesting return
We will email you an authorisation and return instructions. When we receive the returned product/s we will exchange, repair or refund the product cost.

Refund entitlement:

You are entitled to a full refund when there has been a breach of your statutory conditions and you cancel the contract.

These breaches can occur if the goods you bought:

• Do not do what they are supposed to do.
• Were purchased for a particular purpose relying on the trader's advice and the goods don't do what the trader said they would.
• Don't match the description or sample given to you by the trader.

You are not entitled to a refund if you:

• Simply changed your mind about something you have bought.
• Are responsible for the fault/defect.
• Were advised of the fault/defect at the time of purchase.
• Discover that the item can be purchased cheaper elsewhere.

Return conditions

Return freight is the customers responsibility. For your protection we suggest that you use a traceable and insured method of shipping. Please pack carefully as damage or loss during return transport is your responsibility.

Items that cannot be returned: An item that we do not normally stock and have been ordered especially for you, items that have been custom made or cut length cable, pond liner, hose or cable, or products at "special prices" (excluding discount).

Any item that is either, returned damaged or is not faulty will be returned to you. Freight costs will apply if the product/s are returned to you due to the above terms not being followed. (The costs will be determined by Pond Supplies and based on the returned items condition.

Updated: 19 May 2015