Terms and Conditions
The following terms and conditions apply to all transactions carried out on our website H2oaquatics.co.uk.
Please read through them carefully so you fully understand what is set out.
We treat any order as a commitment by you to purchase all goods in accordance with these terms and conditions, by placing an order with us you are agreeing to these terms and conditions.
1.1“ Buyer” means the individual, organisation or authority that buys or agrees to buy the Goods from the Seller.
1.2“ Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
1.3“ Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions
1.4“ Goods” means the articles that the Buyer agrees to buy from the Seller.
1.5“ Seller” means H2oAquatics ltd of 13-15 Ongar Road, Brentwood, Essex, CM15 9AU.
1.6“ Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and condition agreed in writing by the Seller.
2.1 Nothing in these Terms and Condition shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts of sale of Goods by the Seller to the Buyer and shall prevail over other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between parties) shall be in applicable unless agreed in writing by the Seller.
3. Price and Payment
3.1 The price of the Goods shall be that stipulated on the Seller’s current price list. The Price does not include delivery charges. Additional delivery charges are payable for delivery both within and outside the United Kingdom, for deliveries outside the UK please contact us first. At checkout the price displayed includes VAT at the current applicable rate.
3.2 Payment of the Price and delivery charges must be made in full before any dispatch of the Goods can take place.
3.3 The seller reserves the right to amend the price and specification of any item in its current price list.
3.4 All pictures on the website are for illustration purposes only and may differ subject to supplier changes.
4.1 All orders for Goods shall be deemed as an offer by the Buyer to purchase Goods pursuant to these Terms and Condition subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
4.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and give the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 10 days. In terms of some inverts we reserve the right to from time to time substitute when a species is unavailable from our suppliers, and the replacement will always be of equal or higher value and suitable for the task intended.
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or the condition of the Goods, whether implied by the Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
7.1 The Seller shall use all reasonable endeavours’ to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party whether directly or indirectly out of any failure to meet the estimated delivery date.
7.2 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all the arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.3 Title and risk of the Goods shall pass to the Buyer upon delivery of the Goods.
7.4 All goods must be inspected on receipt and the seller notified within 24 hours of receipt of any damages via phone or in writing. All goods should be inspected before signing the delivery companies paperwork. In the instance of glass tubes these must be inspected before accepting the delivery.
7.5 We offer a Live Arrival Guarantee for all inverts ordered via our website, when the customer selects the before 12 delivery option. If you select any other option for delivery the goods are sent at your risk and will not be insured, nor is any guarantee offered.
8.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within2 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so they shall be deemed to have accepted the Goods.
8.2 Where a claim of defect or damage is made the Goods shall be returned to the Buyer by the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact proven defective once they have been inspected by the manufacturer.
8.3 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller within 14 days, goods must then be returned at the buyers expense within 28 days total, excluded from this are any special order items and any livestock.
8.4 Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. A Buyer will receive a full refund of all monies paid for the Goods (excluding delivery charges, if any) except for return postal charges within 28days of cancellation. If the Buyer fails to return the goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer. Goods sent to the customer on a free delivery offer and subsequently cancelled / returned by the buyer under consumer law will be liable to a £10 delivery charge which will be deducted from any refund made.
8.5 Abandoned Goods: Any goods returned to us at our premises without documentation included which easily identifies the original purchaser of the goods will be treated as being abandoned to us.
8.6 When returned Good are found to be damaged due to the Buyer’s fault (including incorrect usage) the Buyer will be liable for the cost of remedying such damage.
8.7 Pictures on the website are purely for illustration purposes, occasionally suppliers change specifications / design.
8.8 Any overseas orders can not be cancelled after they have been dispatched. Any packed, ready to ship overseas orders that are subsequently cancelled will incur a 20% restocking charge.
9. Limitation of Liability
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the value of the Goods and the Seller shall under no circumstance be liable for any direct, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
No wavier by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its right to do so in the future.
11. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be served and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13. Changes to Terms & Conditions-
The Seller shall be entitles to alter these Terms and Conditions at any time, but this right shall not effect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14. Governance and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereto submit to the exclusive jurisdiction of the English courts.