Internet Guidelines

These Internet Guidelines must be read in conjunction with the Agreement between
Fluidra and each Customer and are incorporated into that Agreement.

Commencement date 1 October 2024
Amendments to Internet Guidelines & Product Schedule updated 4 December, 2024

 

1. INTRODUCTION
a) While use of the Internet to research or buy products has become prevalent with consumers, Fluidra considers that a number of Fluidra Products with particular technical specifications are most appropriately sold to End Users In-Store (rather than to End Users via the Internet) so that End Users have in-person contact with, and advice and assistance from, a trained salesperson of the Customer who is able to assess the End User's needs
and requirements pre-sale and provide physical (in person or on-site) post-sale assistance and support in order to ensure that the specific Product(s) sold are appropriate for the End User's needs and intended use and the Products are handled, installed, used and /or replaced safely and effectively.
b) To this end, these Internet Guidelines set out the terms and conditions applying to the Customer's re-supply of Fluidra Products (whether by way of advertising, offering for sale and / or sale) to End Users via the Internet.

2. PURPOSE
Customers have been trained to provide professional and technical services In-Store to End Users to ensure that the End User receives a consistent high standard of both pre and post-sale care, advice and support for the safe and effective use, handling, installation and replacement of the In-Store Only Products. By ensuring, under these Internet Guidelines, that In-Store Only Products are only re-supplied to End Users by a salesperson
of the Customer In-Store or through pre-sale consultation In-Store with such a salesperson, Fluidra is seeking to ensure that:
i) the End Users of the In-Store Only Products receive in-person (face to face or verbal) professional and technical pre-sales advice, education and recommendations for the appropriate intended use, safe handling and care of the In-Store Only Products from trained representatives;
ii) the End Users of the In-Store Only Products are able to receive appropriate post-sale assistance and physical (in person or onsite) support from the Customer who supplied the In- Store Only Product so that the Product can be used safely and effectively post-sale;
iii) the End Users of the In-Store Only Products are not harmed by the Products, including so that use of the In-Store Only Products in or for the treatment and maintenance of water in pools and spas does not cause any adverse health outcomes or safety risks to the End User;
iv) the In-Store Only Products are sold and used safely in accordance with Fluidra’s instructions and recommended use for the In-Store Only Products;
v) the In-Store Only Products are installed by qualified or professionally trained installers;
vi) its brand integrity, value and reputation are protected by ensuring the In-Store Only Products are sold consistent with their intended use and with high standards of sale and technical support provided by the Customer's representatives at the point of sale, during the installation process, and post-sale.

3. DEFINITIONS
Capitalised terms used in these Internet Guidelines have the meaning given to them in the Standard Terms and Conditions between Fluidra and the Customer, unless expressly defined below:
Customer means you as the relevant customer of Fluidra under the Agreement. Direct or Digital Mail means promotional material (including flyers, brochures, catalogues or similar) sent to consumers via post or email or similar delivery method. In-Store means in-store at a retail or similar physical premises.
Internet Products means the Products listed in Schedule 2 of these Internet Guidelines and the spare parts for Products which can reasonably be expected to be safely and easily used, installed and / or replaced by the End- User without professional or technical assistance or support;
In-Store Only Products means the Products listed in Schedule 1 of these Internet Guidelines and the spare parts for Products which can reasonably be expected to require professional or technical assistance and expertise to use, install and / or replace;

 

4. OPERATION – GUIDELINES FORM PART OF AGREEMENT
a) These Internet Guidelines are incorporated into the Agreement governing the supply of Products by Fluidra to the Customer and must be read in conjunction with other parts of the Agreement, including the Standard Terms & Conditions of Supply.
b) The Customer must comply with these Internet Guidelines while the Customer is a party to the Agreement.
c) Any breach of these Internet Guidelines constitutes a breach under the Agreement and may result in termination of the Agreement between the Customer and Fluidra.

5. NO RE-SUPPLY OF IN-STORE ONLY PRODUCTS TO END USERS VIA INTERNET PLATFORMS
a) Fluidra supplies the In-Store Only Products to the Customer on condition that the Customer will not re-supply
(by way of advertising, offering for sale or sale) the In-Store Only Products to End Users on or via any Internet Platform, with the following exceptions:
i) the Customer may advertise the In-Store Only Products on a Customer Website, subject to complying with these Internet Guidelines (including without limitation clause 5(b));
ii) without limiting (i), the Customer may offer a "Call to Collect" or "Call to Install" option on the Customer Website with respect to In-Store Only Products, under which the End-User may contact the Customer's store by telephone to consult with a salesperson of the Customer and:
i. order the In-Store Only Product for physical collection by the specific End- User from
the Customer's In-Store location ("Call to Collect"); or
ii. order the In-Store Only Product for onsite installation by the Customer at the End
User's residence ("Call to Install"), subject to complying with these Internet Guidelines (including without limitation clause 5(b)).
b) For the purposes of 5(a), if the Customer advertises an In-Store Only Product on a Customer Website, the Customer:
i) must ensure that the advertisement with respect to the In-Store Only Product has been
genuinely designed to attract consumers to purchase the In-Store Only Product (i) In-Store, and / or (ii) via a "Call to Collect" with physical collection of the product from the Customer's In- Store location by the specific End User, and / or (iii) via a "Call to Install" option and which involves the installation of the product by the Customer at the End User's residence;
ii) must ensure that the End-User personally (and not via any third party or courier) collects the In-Store Only Product ordered via "Call to Collect" to ensure that the End User can access any necessary physical (onsite) post-sale technical support or assistance from the Customer with respect to that product;
iii) must ensure that the advertisement with respect to the In-Store Only Product includes the text “Available In-store Only” or "Call to Collect" or "Call to Install" (or words to that effect) with respect to that product;
iv) must not include written content or imagery in the advertisement, with respect tothe In-Store Only Product, that (with the exception of a "Call to Install" option) conveys a representation that the Customer will re-supply the In-Store Only Product to an End User through the Customer Website (with subsequent delivery or courier to the End User), For example, the Customer should not use text or imagery – with respect to an In-Store Only Product - such as 'Free Shipping/Delivery', 'Add to Cart', 'Online Deal' or other phrasing that incorrectly conveys or suggests the In-Store Only Product is available for purchase through the Customer Website. v) must not include a "shopping cart" (or similar image / function) in the advertisement with respect to the In-Store Only Product; 
vi) must include in the advertisement with respect to the In-Store Only Product details of the In- Store location at which the End-User can purchase the In-Store Only Product or personally collect an In-Store Only Product ordered via "Call to Collect" (and must make that Product physically available In-Store);
vii) must not re-supply any In-Store Only Product to End Users as a bundle with another Product which is not an In-Store Only Product without Fluidra's prior approval, which approval may not be unreasonably withheld. 
c) Fluidra supplies In-Store Only Products to the Customer on condition that the Customer does not re-supply the In-Store Only Products to third parties who operate an E-Commerce Platform.

6. USE OF CUSTOMER WEBSITES, NON E-COMMERCE PLATFORMS OR E-COMMERCE PLATFORMS FOR RE-SUPPLY OF INTERNET PRODUCTS
a) The Customer may re-supply (whether by way of advertising, offering for sale or sale) the Internet Products to End Users on or via any Internet Platform (including a Customer Website, a Non E-Commerce Platform or an E-Commerce Platform).
b) Where a Customer re-supplies any Internet Product to End Users on or via any Internet Platform, the Customer must not engage in any false, deceptive or misleading conduct or make any false, deceptive or misleading representations in relation to the products.

7. COMPLIANCE WITH IP OBLIGATIONS
The Customer acknowledges that it must comply with clauses 11 (Intellectual Property) and 12 (Use of Fluidra Marketing Materials) of the Standard Terms and Conditions in relation to any re-supply of the Products (whether by advertising, offering for sale or sale) to End Users on or via any Internet Platform.

8. COMPLIANCE WITH INTERNET GUIDELINES
a) If there is a material failure by the Customer to comply these Internet Guidelines:
i. Fluidra may issue the Customer with a written notice outlining the basis on which the Customer is materially not complying with the Internet Guidelines (Notice) and requesting that the Customer remedy such non-compliance within the period of time specified in the Notice (which must be a reasonable period of time);
ii. if the Customer does not comply within that period, Fluidra may, acting reasonably and having regard to the nature of the non-compliance:
i. remove or reduce the, or a portion of the Customer's unpaid rebate;
ii. remove or reduce any beneficial trading terms (such as payment terms trade discounts);
iii. temporarily cease the supply of Products; or
iv. terminate the Agreement.

9. VARIATION OF INTERNET GUIDELINES
Fluidra may vary the terms and conditions of these Internet Guidelines in accordance with clause 27.2 of the Standard Terms and Conditions.

 

Suction Cleaners1
Zodiac G2, Zodiac AX10†, Zodiac AX20
AstralPool S10†, AstralPool S20

 

Pressure Cleaners
Polaris pressure cleaners & booster pumps

Robotic Cleaners
Zodiac TX35, VorteX (VX)†, DuoX (DX), EvoluX (EX), Freerider (FR)
AstralPool QG, QB and QT models

Chlorinators
Zodiac EL25/35, Zodiac Ei Xpert†, Zodiac TRi-XO, All Zodiac eXO models, and ALL Magnapool Hydroxinator models
All AstralPool salt chlorinators

Complementary Sanitiser
AstralPool Mineral Guard

Chemical Dosers
Zodiac pH Perfect,
Rolachem 9 Series & RC1 dosers

 

Pumps
All Zodiac pool pumps, except Zodiac Titan range
All AstralPool pool pumps

Filters
All AstralPool pool filters
All Zodiac pool filters

Heaters
All AstralPool Gas Heaters
All Zodiac Gas Heaters
All Astralpool Heat Pumps

Automation
All AstralPool automation devices including BlueConnect and HALO automation devices
All Zodiac AquaLink systems

Water features
All AstralPool water features
All Zodiac jets

Lights
All AstralPool lights
All Zodiac lights

Valves & Fittings
ALL Jandy & Cepex valves & fittings

Pool Covers & Accessories
All AstralPool & All Sunbather pool covers & accessories

Minerals & Chemicals
All Zodiac pool and spa chemicals
Magnapool minerals and testing products
All AstralPool pool and spa chemicals†
AstralPool Acquatherepe†, Transform, Halo minerals and Halo Switch minerals

 

Commercial Products
All Commercial pumps, filters, heaters, cleaners, blowers, sanitizers,
controllers and other products used in commercial facilities

Spare Parts
Zodiac or AstralPool spare parts for Products which can reasonably be
expected to require professional or technical assistance and expertise to
replace.

†Discontinued lines by Fluidra, though internet policy will apply until stock in trade lasts.

 

SCHEDULE 2
Internet Products

Suction Cleaners
Aquasphere
Zodiac T3, Zodiac T5 Duo, Zodiac MX6
Zodiac G1*, Zodiac MX8*

Robotic Cleaners
Zodiac TX30, Zodiac Spabot
Zodiac OT15*, Zodiac FX18*, Zodiac TX20*, Zodiac CX20*,
Zodiac CX35*, CX40*, CX50, Zodiac VX42 4WD

 

Salt Water Chlorinators
Zodiac Ei2†, Zodiac Ezisalt*
Zodiac LM3*, Zodiac Ei3*, Zodiac LM4*

Mineral Purifiers
Nature2 Spa Stick

Pumps
Zodiac Titan range

Filters
None

Heaters
Zodiac Z400 Heat Pumps† (until stock lasts)

Valves
CMP Valves

Minerals
Zodiac Element, Zodiac Activate

Rails & Ladders
All AstralPool and SR Smith rails and ladders

Slides, Inpool Furniture & Games
All SR Smith slides, in-pool furniture and games

Spare parts
Zodiac or AstralPool spare parts for Products which can
reasonably be expected to be safely and easily replaced by
the end-user without professional or technical assistance or
support.

*Exclusive lines (private labels)
†Discontinued lines by Fluidra, though internet policy will apply until stock in trade lasts.

Fluidra – Agreement for the Supply of Product – Internet Guidelines © - Effective 1 October 2024 Last updated 4 December 2024.