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Terms and Conditions

These Online Shop Terms and Conditions (“Terms”) govern your access to and use of the online store and website operated by Tranquility Pools Pty Ltd (ABN 97 661 383 464) (“we”, “us”, or “our”). By using www.tranquility-pools.com.au (“Website”) or placing an order for products (“Products”), you agree to be bound by these Terms. If you do not agree, please do not use the Website or place any orders.

1. Definitions

  • Website: The online platform at www.tranquility-pools.com.au and related domains operated by us.
  • Products: Any goods or services offered for sale on the Website.
  • Order: A purchase request for Products submitted via the Website.
  • You: The user or purchaser using the Website or placing Orders.

2. Scope of Terms

These Terms apply whenever you;

  • browse or interact with the Website; and/or
  • place an Order for Products via the Website.

They are divided into three parts:

  • Part A: Ordering Products
  • Part B: Browsing and interacting with the Website
  • Part C: Liability, warranties, and general provisions

By using the Website or placing an Order, you confirm your acceptance of these Terms.

PART A: Ordering Products

3. Submitting an Order

  1. By submitting an Order, you confirm that:
    1. You are over 18 and have legal capacity; and
    2. You are authorised to use the payment method provided.
  2. Your Order is an offer to purchase Products.
  3. A binding contract is formed only when we accept your Order and payment is received (or deposit, where applicable).
  4. We may contact you to confirm details before fulfilment.

4. Account Registration

  1. An Account may be required to place Orders.
  2. You must provide accurate, current information and keep login details secure.
  3. We may suspend or cancel Accounts that breach these Terms.

5. Products

  1. We aim to supply Products as described on the Website or as agreed in writing.
  2. Actual colour, size, or appearance may vary due to screen settings or natural material variations.
  3. Ownership transfers only upon full payment. Risk transfers on delivery.

6. Disclaimers

  1. Unless expressly stated, Products do not include installation services.
  2. Installation and related services (e.g., pool design) may be offered separately under a different agreement.
  3. If you choose another installer, you must use a licensed builder or licensed swimming pool builder. Self-installation is not permitted.
  4. You are responsible for securing all necessary approvals, permits, and insurances (including Home Building Compensation Fund cover, where applicable).

7. Payment

  1. All prices are in AUD and include GST unless otherwise stated.
  2. Deposits are payable when ordering unless agreed otherwise. Balance payments are due as specified at checkout or in Order confirmation.
  3. We may charge credit card surcharges.
  4. Payments are processed by secure third-party providers (e.g., Stripe). We are not responsible for their performance.
  5. If a pricing error occurs, we will notify you and offer the choice to cancel or proceed at the corrected price.

8. Delivery

  1. Delivery costs are shown at checkout or confirmed upon acceptance.
  2. Delivery timeframes are estimates only; delays outside our control are not our responsibility.
  3. You must provide accurate delivery details and ensure safe access.
  4. Risk transfers to you on delivery. Refusal of delivery is not permitted.
  5. You are responsible for ensuring the delivery site complies with safety requirements.

9. Cancellation and Refunds

  1. We may cancel Orders before acceptance and refund any payments.
  2. You may cancel before acceptance; after acceptance, Orders are binding.
  3. No refunds are available for change of mind once Products are manufactured.
  4. If a Product cannot be delivered due to our fault, you will receive a full refund.

10. Faults and Damage

  1. You must inspect Products promptly upon delivery. Faults or damage must be reported within 5 business days.
  2. We will assess claims and may repair, replace, or refund at our discretion.
  3. Misuse, improper installation, or customer-caused damage may void remedies.
  4. Nothing in these Terms limits your statutory rights under the Australian Consumer Law (ACL).

11. Intellectual Property

All intellectual property in Products, Website content, and branding remains ours or our licensors’. You must not reproduce, copy, or exploit any materials without consent.

12. Third-Party Terms

Products or services involving third parties may be subject to their terms. We will notify you where applicable. We are not liable for losses arising from third-party terms.

PART B: Browsing the Website

13. Website Use

You must not:

  • Interfere with Website security or operation;
  • Use automated scripts or bots;
  • Copy or exploit Website content without consent; or
  • Act unlawfully or fraudulently.

14. Website Content

  1. While we strive for accuracy, we do not guarantee that Website information is always error-free or accessible.
  2. We may update or change Website content without notice.

15. Links to Third-Party Sites

We are not responsible for third-party website content linked from our Website. Please review their privacy and terms before engaging with them.

16. Third-Party Platform

The Website may run on third-party platforms (e.g., WooCommerce). Their terms may apply. We disclaim liability for third-party platform issues.

17. Security

We are not responsible for loss or damage to your devices resulting from Website use. You are responsible for your own device security.

18. Reporting Misuse

Please notify us promptly via the Contact Us page if you detect misuse or issues.

PART C: Liability and Legal Terms

19. Warranties and Liability

  1. Your rights under the ACL are not excluded.
  2. Manufacturer warranties apply where relevant.
  3. Except as required by law, we exclude all other warranties and limit liability to the price paid for the affected Products.
  4. We are not liable for indirect or consequential losses, unless required by law.

20 Governing Law and Jurisdiction

These Terms are governed by the laws of Queensland. Both parties submit to the exclusive jurisdiction of Queensland courts.

21. General Provisions

  • Waiver: Waivers must be in writing.
  • Severance: Invalid provisions do not affect enforceability of the rest.
  • Joint and Several Liability: Applies where multiple parties are involved.
  • Assignment: You may not assign rights or obligations without our written consent.
  • Costs: Each party bears its own costs under these Terms.
  • Entire Agreement: These Terms represent the entire agreement between parties.
  • Interpretation: References to singular/plural, gender, and AUD currency apply consistently.

22. Notices

  1. Notices must be sent by email, with subject lines referencing these Terms.
  2. If no specific email is provided, notices may be sent to the last known address.
  3. Notices are deemed received 24 hours after sending unless delivery failure is known.

23. Contact Us

For any questions about these Terms or your Orders, please contact us via the Contact Us page on our Website.

24. Changes to These Terms

We may update these Terms to reflect changes in our practices, technology, or legal obligations. The latest version will always be available on the Website. Continued use of the Website or placing Orders after updates constitutes acceptance of the revised Terms.

Last updated: 31 August 2025