Welcome to Medallion Pools

DISCLAIMER: TERMS OF TRADE

Invitation to do business

The products or services which appear on the ( www.medallionpools.co.za ) website are displayed as an invitation to do business and to allow you to make an offer to purchase the products or services to ( www.medallionpools.co.za ). Only when ( www.medallionpools.co.za ) has accepted your offer and delivered the goods, will an enforceable agreement of sale be transacted. ( www.medallionpools.co.za ) can cancel the sale at any time at ( www.medallionpools.co.za ) absolute discretion.

The price of any products or services sold through ( www.medallionpools.co.za ) shall be confirmed on the acceptance of your order. Despite our best efforts, products or services offered on the website may be mis-priced. If we discover a mis-pricing, we will do one of the following:

» If the correct price is lower than our stated price, we will charge the lower amount.

» If the correct price is higher than our stated price, we will need to offer it to you at a higher price

IMPORTANT:

If any products or services are supplied and delivered to you directly by, or through, a third party, even though access to the products and services is gained through the ( www.medallionpools.co.za ) website, the supply of these products and services may be subject to conditions which differ from those governing the terms of trade with ( www.medallionpools.co.za ). You shall be solely responsible for ensuring that you understand and agree to the terms and conditions governing the sale of these products and services.

Place and time of agreement

Agreement as to the terms of use of the ( www.medallionpools.co.za ) website shall be deemed to have be accepted by you at the time that you first accessed the ( www.medallionpools.co.za ) website and thereafter confirmed each time that you access the ( www.medallionpools.co.za ) website.

Agreement to use the ( www.medallionpools.co.za ) website and those governing all transactions that may be effected using the ( www.medallionpools.co.za ) website shall be deemed to have taken place in South Africa.

All communications with ( www.medallionpools.co.za ) facilitated by the ( www.medallionpools.co.za ) website, the ( www.medallionpools.co.za ) contact centre, or email communicated between you and ( www.medallionpools.co.za ) shall be deemed to have been received, in the case of communications initiated by ( www.medallionpools.co.za ), when the communication leaves the ( www.medallionpools.co.za ) website or email server, and in the case of communications initiated by you, when it is received on the ( www.medallionpools.co.za ) website or email server. Acceptance by ( www.medallionpools.co.za ) of an order placed by you shall be deemed to have been made and an agreement entered into, once a product leaves the ( www.medallionpools.co.za ) premises destined for you. If only part of an order leaves our premises, only that portion of the order is deemed as accepted. ( www.medallionpools.co.za ) can cancel any order at any time. Orders will not be kept for longer than 3 weeks.

Returns will not be accepted if the product has been opened

Manufacturers considers all products to be in good working order and these therefore can not be returned to ( www.medallionpools.co.za ) for refund or repair.

Backorders

Due to the popularity of some products or services, ( www.medallionpools.co.za ) may not always have any products or services ordered by you in stock. ( www.medallionpools.co.za ) will not accept orders for out of stock product. If the products ordered by you is not in available or only a portion is available, you may cancel the order, or re-order the quantity that is available.

Cancelled orders

If payment was not made within two weeks after an order has been placed, the order will be cancelled.

Electronic communications

When you visit ( www.medallionpools.co.za ) or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. ( www.medallionpools.co.za ) will communicate with you by e-mail or by posting notices on the ( www.medallionpools.co.za ) website. 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. Further, that your acceptance of any terms or conditions applicable to the ( www.medallionpools.co.za ) website and transactions concluded using the ( www.medallionpools.co.za ) website, as well as your intent to enter into any transaction with ( www.medallionpools.co.za ), may be evidenced by any action by you from which this may reasonably be inferred.

Registration

Before you may make an offer to purchase any of the products or services provided by ( www.medallionpools.co.za ) it is necessary that you register as a purchaser. Registration as a purchaser is restricted to individuals who may legally enter into binding and enforceable agreements. No person under the age of 18, or not legally permitted to enter into a binding and enforceable agreement, may register as a purchaser. Any person not permitted to register as a purchaser but who does so, shall be guilty of committing a fraud and ( www.medallionpools.co.za ) may take whatever legal action it deems necessary to obtain the appropriate relief.

Registration as a purchaser is free and does not obligate you to purchase anything or release information such as credit card numbers or bank account details. In registering as a purchaser you are required to provide ( www.medallionpools.co.za ) with, complete and accurate information about yourself and you warrant that the information provided is correct.

Upon acceptance of your registration, an email confirmation of your registration as a purchaser will be transmitted to you. Transmission times depend on your Internet Service Provider, but it typically takes less than an hour to receive the email confirmation. If you do not receive the email confirmation, you should contact us, the details of which are contained under Contact Page.

Password

Without a valid email address (your user identification) and password, you will not be able to purchase products or services displayed on the ( www.medallionpools.co.za ) website. You are solely responsible for ensuring the confidentiality of your password, which authenticates your identity. You acknowledge this responsibility and agree that any communication or transaction that may be made using your password, shall be attributed to you.

If you suspect that the confidentiality of your password has been compromised you should immediately advise ( www.medallionpools.co.za ) of this fact by email. ( www.medallionpools.co.za ) shall on receipt of the email suspend your registration pending your further instructions. You shall remain responsible for all transactions effected prior to the suspension of your registration and liable for any payments that may flow from these transactions. Termination or suspension of registration

If you are in breach of, or ( www.medallionpools.co.za ) believes that you may breach, any of the terms and conditions governing the use of, or trading using the ( www.medallionpools.co.za ) website, ( www.medallionpools.co.za ) may, in it’s absolute discretion, either suspend or terminate your registration as a purchaser.

Gift Vouchers (online vouchers)

All ( www.medallionpools.co.za ) issued gift vouchers are valid for one purchase only and expire a year from the date in which they are issued unless otherwise stated on the voucher.

» A voucher can only be used once

» A voucher cannot be used together with another voucher:

» If you have two or more vouchers then please contact us and we will arrange a combination voucher.

» Any abuse of a voucher will result in us cancelling the order and disabling further voucher use for the user on our system

Transaction History

The transaction history may be accessed by a registered customer on the ( www.medallionpools.co.za ) website and is provided for information purposes only. This transaction history will show purchase transactions only and will not reflect refunds or other transactions. For a full and accurate transaction history, email us and we will provide you with a faxed copy of your statement.

Within 14 days of return of the products or receipt of notice of cancellation of the agreement to deliver services, ( www.medallionpools.co.za ) or it’s authorised agents shall refund to the customer any amounts paid by the customer less any amounts due by the customer to ( www.medallionpools.co.za ) as provided for above.

Disclaimer of warranties and limitation of liability and applicable law

The provisions of the Disclaimer of warranties, Limitation of liability and Applicable law relating to the use of the ( www.medallionpools.co.za ) website apply equally to the remainder of this agreement.

Amendment to Terms & Conditions of Trade

( www.medallionpools.co.za ) may amend the terms and conditions governing access to the ( www.medallionpools.co.za ) website as well as trade using the website.

( www.medallionpools.co.za ) shall, prior to the amendments of the terms and conditions, give registered purchasers and any third parties to whom this agreement may apply notice of the amendments by email, or by posting the notice of such amendments on the ( www.medallionpools.co.za ) website. If you do not agree with the amended terms you shall immediately give notice to ( www.medallionpools.co.za ) of your wish to have your registration terminated. Failure to do so will be deemed to indicate your acceptance of the amended terms and conditions.

Advertising and Printed Material

While ( www.medallionpools.co.za ) makes every possible effort to ensure that all product information and pricing in any form of communication material is factually correct at the time of communicating it to the public, ( www.medallionpools.co.za ) cannot be held responsible if any factual errors occur. Please check pricing and specifications on the ( www.medallionpools.co.za ) website for any changes. All prices are exclusive of VAT unless otherwise stated. All prices exclude delivery costs. E&OE.

Dispute Resolution

Any dispute arising out of or in connection with this agreement including any question regarding its existence, validity or termination, shall be settled by the arbitration council of South Africa.

For all disputes regardless of where they arise, the place of the arbitration is deemed to be South Africa. The arbitration will be governed by this clause governing arbitration and the arbitration laws of South Africa. The dispute will be resolved in accordance with the law of South Africa. The language used during the dispute resolution process will be English.

For the purposes of any arbitration:

» you choose the email address chosen by you in registering as a purchaser; and

» ( www.medallionpools.co.za ) chooses the email address under Contact Us

By using the ( www.medallionpools.co.za ) website and accepting the conditions of use of the website and trade conducted using the website you bind yourself to the terms of arbitration provided in this agreement.

Customers obligations on return of products and services

If a customer cancels any transaction in respect of which delivery of the products or services (to the extent that the may be returned) have been delivered, within seven days of the receipt of the products or services, the customer shall return to ( www.medallionpools.co.za ) or it’s authorised agents, the products, undamaged in any manner, together with all packing materials and documentation delivered by ( www.medallionpools.co.za ) or its agents, to the customer as well as a written indication of the customers choice to cancel the transaction.

The customer shall refund to ( www.medallionpools.co.za ) all direct expenses incurred by ( www.medallionpools.co.za ) or it’s authorised agents, in the delivery of the products and services ordered by the customer, as well as the direct expenses incurred by ( www.medallionpools.co.za ) or it’s authorised agents in accepting return of the products and cancellation of the provision of services, arising as a result of the return of the products or cancellation of the services ordered by the customer.

( www.medallionpools.co.za ) obligations on return of the products and services

Within thirty days of return of the products or receipt of notice of cancellation of the agreement to deliver services, ( www.medallionpools.co.za ) or it’s authorised agents shall refund to the customer any amounts paid by the customer less any amounts due by the customer to ( www.medallionpools.co.za ) as provided for above.

Terms and conditions governing this agreement

The full Terms and Conditions applicable to the access and use of the services provided on the ( www.medallionpools.co.za ) website and any amendments thereto, shall at all times be available on the Website, save to the extent that they may be varied in writing by the parties. These terms may be accessed on this Website, downloaded and stored, or reproduced at any time.

Delivery of products or services

The anticipated time of delivery of any products or services, purchase using the ( www.medallionpools.co.za ) website shall be indicated at the time that any order is accepted by ( www.medallionpools.co.za ).

Transaction records and history:

A full record of transactions effected using ( www.medallionpools.co.za ) shall be available to the user for a period of 14 days from delivery of the products or services to the purchaser by ( www.medallionpools.co.za ) or its agents.You may access this history as provided for under the clause Transaction History above.

Compliance with statury Consumer Provisions

( www.medallionpools.co.za ) adheres to the provisions of Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 (“the Act”). Chapter VII of the Act provides protection to consumers and the provisions of the Act relevant to commercial transactions that may be effected on the ( www.medallionpools.co.za ) website, as well as the information required in terms of the Act, are provided for your reference.

Return of products or cancellation of service agreements

( www.medallionpools.co.za ) shall, subject to the exclusions provided for below and the provisions relating to any return of products or cancellation of a service agreement, allow the return of products or cancellation of a service agreement, within seven days of the date of receipt by you of the products or the conclusion of an agreement to provide services. Exclusions from return of products or cancellation of service agreements.

The provisions of this agreement relating to the return of goods and cancellation of any agreement to provide services shall not apply if:

» any products and services are acquired by auction;

» the supply of products which comprise foodstuffs, beverages, or other goods intended for everyday consumption at the home or workplace of the customer;

» to services which commenced with the customers consent, (either express or implied) prior to the expiry of the seven day period;

» where the price of the products or services depends on fluctuation in financial markets beyond the control of ( www.medallionpools.co.za );

» where the products are personalised or made to the customers specifications;

» where the products are perishable or will expire rapidly;

» where the products by reason of their nature cannot be returned;

» if audio, video recordings or any form of computer software are either used or if supplied other than in digital form, if the seal on the storage media is broken;

» the sale of reading material in whatever form;

» the provision of any gaming or lottery services;

» the provision of accommodation, travel, transport, catering or leisure services if ( www.medallionpools.co.za ) or its agents or suppliers undertake to provide these services on a specific date or within or for a specific period

» any software whether open or not.

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