Other than as specifically provided in any separate formal purchase agreement between you and Rancho San Diego Pool Service and Poolborg.com, these terms and conditions (this “Agreement”) apply to all of your online purchases from the website at Poolborg.com (the “Site”) and may NOT be altered, supplemented, or amended by you through the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Poolborg.com.
Acceptance
By purchasing products and/or services from the Site, you agree to be bound by and accept this Agreement. Orders are not binding upon Poolborg.com until accepted by Poolborg.com. We reserve the right to refuse service to anyone. Poolborg.com will indicate its acceptance of an order by acknowledging your order by reply email or by shipping the ordered items to you.
Pricing
Because prices, product descriptions, and availability can change quickly, Poolborg.com does not warrant the accuracy or completeness of the information provided on the Site.
List Price is the suggested retail selling price of a product provided to us by manufacturers. We may commonly sell products at prices lower than List Price and, for any given product, no sales may have occurred at List Price.
List Price is a benchmark to compare our discounts from List Price to pricing offered by other retailers. Whether other retailers sell at List Price will vary by product, geographic location, type of store, and over time.
Although we periodically update the List Prices in our direct mail offerings and on our website as we receive them, in some cases manufacturers may change a suggested retail price without notice to us.
Please contact the manufacturer of a specific product for the most up-to-date List Price information.
List Prices quoted for house or private label brands are developed internally in consideration of comparable name brand products. We may commonly sell such products at prices lower than List Price and, for any given product, no sales may have occurred at List Price.
Although our limited time events are intended to be limited time events, our low prices offered during these events may continue in effect after the event.
Values associated with items labeled "free with purchase" are based upon list price.
Payment Terms—Orders
Internet orders may be paid for using the following methods: VISA, MasterCard, American Express and Discover. In addition to credit cards, for phone or mail orders you may pay by Western Union Quick Collect, money orders, cashier's checks, and personal checks by mail. Just call us at (619) 442-1113 to place your order. All non-credit-card orders are subject to a 10-business-day hold. Cash payments are accepted locally on a hand to hand basis with or without professional product installations.
Limited Quantities
Some products may be limited to stock on hand and are offered on a first come, first served basis.
Shipping Charges—Taxes and Title
Separate charges for shipping and handling will be shown on your order form. Most orders received before 5:00 p.m. Pacific Standard Time, Monday through Friday, are shipped the following day! Orders placed on Saturdays, Sundays, or holidays will be processed the next business day. As a security precaution, initial orders and orders shipping to alternate addresses may be held for extended verification. We reserve the right to make partial shipments, which will not relieve you of your obligation to pay for the remaining deliveries.
All items purchased from Poolborg.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
If applicable, a separate charge for taxes will be shown on the invoice. We are required to collect sales tax on all orders shipped to Utah, Indiana, Missouri, and Washington State. If you are shipping an item to any one of these states, then you will be charged the applicable local sales tax rates.
Limited Warranty
All new products are sold with the manufacturer's limited warranty. The warranty period and service varies by manufacturer and product.
POOLBORG.COM PROVIDES NO SEPARATE WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POOLBORG.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING ANY PRODUCTS SOLD TO YOU, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Poolborg.com only accepts returns made within the first 30 days from shipment.
Should you find it necessary to return any merchandise, it must be shipped within this 30-day period. Please follow the return instructions printed on the back of your invoice. All returned items must include a Return Authorization Number, be in the original packaging complete with all components including the warranty card and owner’s manual and show no signs of wear or abuse; otherwise the return will either be refused or subject to a 15% restocking fee. Credit card returns are issued a credit for purchase price. Refunds are made for product value only, excluding shipping and handling charges.
Send your return to:
Poolborg.com
2514 Jamacha Road #502-5
El Cajon, Ca 92019-4366
Limitation of Liability
POOLBORG.COM DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR THE PROVISION OF SERVICES AND SUPPORT. POOLBORG.COM WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, POOLBORG.COM SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT GIVING RISE TO SUCH LIABILITY.
Applicable Law—Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying for your own personal use only, and not for resale or export.
Governing Law
These terms and conditions shall for all purposes be governed by and interpreted in accordance with the laws of the State of California as those laws are applied to contracts entered into and to be performed entirely in California, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to this Agreement shall be commenced exclusively in state or federal court in San Diego County, California, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.
Headings
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
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