Purchases. If You wish to purchase any product or service made available through the Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number or account number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Site may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, You grant Heritage Pool Supply Group, Inc. the right to provide the information to these third parties subject to our Privacy Policy.

By making a Purchase, You agree to pay the amounts owed to Heritage Pool Supply Group, Inc. via an authorized method. Heritage Pool Supply Group, Inc. may require prepayment, apply payment against open charges, and payment is required prior to delivery.

Heritage Pool Supply Group, Inc. reserves the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. Heritage Pool Supply Group, Inc. reserves the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Order Acceptance and Cancellation. Your receipt of an electronic or other form of order confirmation does not signify Heritage Pool Supply Group, Inc. acceptance of Your order because orders are contingent upon product availability. Heritage Pool Supply Group, Inc. reserves the right at any time after receipt of Your order to accept, decline, or limit Your order for any reason, whether or not Your credit card or account has been charged. If Your credit card has been charged and the order is canceled, You will receive a prompt refund credit to Your account. Heritage Pool Supply Group, Inc. reserves the right at any time after receipt of Your order, without prior notice to You, to supply less than the quantity You ordered of any item. Orders under a certain amount, not including applicable freight, handling, and other costs, may be declined in Heritage Pool Supply Group, Inc. sole discretion. Such minimum order amount is subject to change from time to time at Heritage Pool Supply Group, Inc. sole discretion. New buyers are required to place a minimum order to activate their account. The minimum amount is determined by Heritage Pool Supply Group, Inc. in its sole discretion and is subject to change without notice. Cancelled orders may be subject to a charge for expended costs for freight and any restocking or handling charges. Special orders that are cancelled may be subject to restocking charges greater than 20% as required by the specific manufacturer. Heritage Pool Supply Group, Inc. has no obligation to accept returns on cancelled orders and maintains at Heritage Pool Supply Group, Inc. sole discretion the right to demand that You accept delivery of cancelled shipments.

Freight, Title, and Risk of Loss. All orders are subject to delivery and handling charges and other costs may apply, which vary based on the type and size of the product and the particular branch. Please contact your local branch for more information, which can be found under the “Contact Us” section of the Site. Title passes from Heritage Pool Supply Group, Inc. to You when materials leave Heritage Pool Supply Group, Inc. shipment point (including manufacturer point of origin for direct shipments) for all will call and common carrier/freight-collect shipments. You will reimburse Heritage Pool Supply Group, Inc. for all costs of shipment from FOB shipping point. For Heritage Pool Supply Group, Inc. deliveries with its owned/leased vehicles, title passes upon actual delivery to job site or Your place of business as directed by Heritage Pool Supply Group, Inc. Heritage Pool Supply Group, Inc. must sign the sales order/delivery receipt prior to release of materials for will call and Heritage Pool Supply Group, Inc. deliveries. Upon receipt of materials, You must record any damage or shipment discrepancy on the delivery receipt and have the driver acknowledge by initialing the change. You must promptly file a freight claim for the damage and/or shipment discrepancy with the common carrier (if applicable). You will not deduct any amount from the payment due to Heritage Pool Supply Group, Inc. as a result of shipment damages and/or discrepancies unless given prior written authorization. Heritage Pool Supply Group, Inc. shall not be responsible for conditions beyond its control including, without limitation, manufacturer’s shipping demand. All shipping dates are approximate. All deliveries by Heritage Pool Supply Group, Inc. owned or leased vehicles are subject to a delivery charge.

Return Policy. Because of the wider variety of products Heritage Pool Supply Group, Inc. offers, return policies can differ by product and by local branch. Please contact the local branch from which you purchased the items or refer to our Return Policy for additional information if you wish to return any items. You can find the local branch information in your invoice or the “Contact Us” section of the Site.

Defective Merchandise.If You receive defective merchandise, the defective merchandise may be returned to Heritage Pool Supply Group, Inc. only if (i) You receive authorization from Heritage Pool Supply Group, Inc. to return the defective merchandise within thirty (30) days of receipt, and (ii) You delivers the defective merchandise to Heritage Pool Supply Group, Inc. within ten (10) days after obtaining authorization from Heritage Pool Supply Group, Inc. to return the merchandise. If the manufacturer determines that the merchandise is defective, then You may be entitled to a credit, replacement, exchange or repair of the merchandise in accordance with the manufacturer’s warranties and policies. If You fail to timely return the defective merchandise to Heritage Pool Supply Group, Inc., then You must contact the manufacturer directly or the manufacturer’s appropriate warranty service provider for instructions regarding the return of such item. Please contact your local branch for questions regarding manufacturer’s warranties and return policies, which can be found under the “Contact Us” section of the Site.

Availability, Errors and Inaccuracies. Heritage Pool Supply Group, Inc. is constantly updating product and service offerings on the Site. Heritage Pool Supply Group, Inc. may experience delays in updating information on the Site and in our advertising on other web sites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Site and Heritage Pool Supply Group, Inc. cannot guarantee the accuracy or completeness of any information found on the Site. Heritage Pool Supply Group, Inc. reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Warranty Policy.Most of the products available through the Site are covered under the manufacturer's warranty, which is detailed in the product's description or at the manufacturer’s official website. If applicable, manufacturer's warranties apply from the date of shipment. You understands that Heritage Pool Supply Group, Inc. does not operate or control the products offered by the manufacturers participating on the site, and You agree that under no circumstances will Heritage Pool Supply Group, Inc. be liable for any damages arising out of the failure of any manufacturer to fulfill its obligations to Buyer under any warranty, repair, customer support or similar product or similar policies covering products that You may purchase through the site. While Heritage does not offer any warranties with respect to the products available through the site, Heritage is committed to working with You to ensure that every product under warranty performs to the manufacturer's specifications

Accounts.When You create an account with Heritage Pool Supply Group, Inc., You guarantee that You are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site.

You are responsible for maintaining the confidentiality of Your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under Your account and/or password, whether Your password is with The Site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Heritage Pool Supply Group, Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Termination. Heritage Pool Supply Group, Inc. may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms or Terms of Sale. If You wish to terminate Your account, You may simply discontinue using the Site.

Indemnification.You agree to defend, indemnify and hold harmless Heritage Pool Supply Group, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Site, by you or any person using your account and password, or b) a breach of these Terms of Sale.

Limitation Of Liability. In no event shall Heritage Pool Supply Group, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer of Warranties. THIS SITE, THE MERCHANDISE, AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties. As a result, the above may not apply to you. These warranties are hereby excluded to the fullest extent permissible by law. BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Governing Law/Jurisdiction. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Sale or the rights and obligations of You shall be governed by and construed in accordance with the laws of the State of Texas, U.S.A., without regard to its conflicts of law principles. You consent to the jurisdiction and venue of the state and federal courts located in the Denton or Collin Counties, Texas.

Binding Arbitration/Class Action Waiver. Any controversy or claim arising out of or relating to the Site shall be settled by binding arbitration with a final hearing in Denton or Collin County, or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial or consumer disputes, as applicable, set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Heritage Pool Supply Group, Inc. shall be entitled to arbitrate their dispute.

THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.  DO NOT PROVIDE CONTENT IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.

Contact Us
If you have any questions about these Terms, please contact us:
By email: customersupport@heritagepoolplus.com