Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Taxes

Arizona, California, Kentucky, Nebraska, Nevada, New Mexico, Texas, Washington, Colorado and Florida are subject to tax.

All orders under $300 will be subject to a $14.88 processing fee.

Shipping & Returns

All orders are shipped by the best available method. Seasonal items may also take longer due to high demand. Refusal to accept a delivery, for whatever reason, will result in a charge to the customer’s account for both arrival and return costs (plus any storage charges), pending resolution. The customer or a designated person (eg. neighbor) may be responsible for signing for items as necessary.

Freight Policy Lost Or Damaged Freight

Prime Pool Market is no longer responsible when the carrier signs the Bill of Lading. Thoroughly inspect each shipment immediately upon arrival. If cartons, packages, or crates are received in short or damaged condition, it is important that you notify the driver and insist on a notation of the loss or damage across the face of the freight bill; otherwise, no claim can be enforced against the carrier. If concealed loss or damage is discovered, you must notify the carrier at once and request an inspection. It is important that you do not discard the shipping carton or container. A concealed damage report must be made within five (5) business days of delivery of the shipment. It is the carrier agent’s responsibility to schedule an inspection. If you give the carrier a clear receipt for the goods that have been damaged in transit, you do so at your own risk and expense.

Restocking & Return Policy

Due to our commitment to process orders quickly, once the checkout process is completed our warehouse is immediately notified to pick, package and dispatch. A restocking fee of up to 25% may be assessed for orders cancelled once the checkout process has been completed. Customer must bear all shipping costs on returns and retain proof of shipment until item is received by us. Customer must obtain authorization from Prime Pool Market, Inc. before returning any product. The customer is responsible for compliance with all local laws and ordinance regarding installation and the type of equipment authorized for use in their region. Prime Pool Market, Inc will not be held liable or issue refunds for equipment or installations not in compliance with the customers local laws, regulations and ordinances. Unauthorized returns will be refused. Returns and exchanges must be made within 30 days of purchase and include all literature, warranty cards etc. Customer’s account will be credited the full amount of the returned item–less any applicable charges–only if the item is in original packaging, unworn and unused. A restocking fee of up to 25% may be assessed on any returned item. A processing fee up to 10% can be assessed on any unshipped canceled orders. Refunds and credits may take up to two weeks to be processed and mailed or posted to customer’s account. All returns should be sent by UPS or FedEx and not by US Postal Service. Prime Pool Market, Inc is not responsible for returns that are lost or damaged in shipment and suggests that customers insure their returns. Clearance, sale and special order items may only be returned if defective and only for replacement, not refund. All inflatables are final sale and not subject to return. All sales are final (no returns) on the following items: Pools and Pool Packages, Pool chemicals, alarms, lights, bulbs, lighting products, electronic equipment if opened, heaters and pool liners (if opened or unfolded.) Pool cleaners cannot be returned once they have been in the water. Manufacturer warranties still apply.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Prime Pool Market, Inc. The collective work includes works that are licensed to Prime Pool Market, Inc. Copyright 2003, Prime Pool Market, Inc ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Prime Pool Market, Inc or purchasing Prime Pool Market, Inc products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Prime Pool Market, Inc or to purchase Prime Pool Market, Inc products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Prime Pool Market, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Prime Pool Market, Inc used in the site are trademarks or registered trademarks of Prime Pool Market, Inc

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Prime Pool Market, Inc disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Prime Pool Market, Inc does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Prime Pool Market, Inc does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Prime Pool Market, Inc shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Prime Pool Market, Inc has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Prime Pool Market, Inc product is mistakenly listed at an incorrect price, Prime Pool Market, Inc reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Prime Pool Market, Inc reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Prime Pool Market, Inc shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Prime Pool Market, Inc without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Prime Pool Market, Inc may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Prime Pool Market, Inc.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Prime Pool Market, Inc products) shall be in the state or federal courts located in Palm Beach County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Prime Pool Market, Inc products) must be commenced within one (1) year after the claim or cause of action arises. Prime Pool Market, Inc’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Prime Pool Market, Inc may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Prime Pool Market, Inc or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Prime Pool Market, Inc does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Prime Pool Market, Inc is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Prime Pool Market, Inc reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Prime Pool Market, Inc in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Prime Pool Market, Inc, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Prime Pool Market, Inc may link to sites operated by third parties. However, even if the third party is affiliated with Prime Pool Market, Inc, Prime Pool Market, Inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Prime Pool Market, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Prime Pool Market, Inc seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).