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Terms and Conditions

 

Terms & Conditions

By purchasing goods from www.fish-4-u.com you enter a legally binding agreement with us on the following terms. You should read and understand these terms because they affect your rights and liabilities. These terms describe the basis for purchase by you and sale by us of the products described on this web site.

Definitions and interpretation

In these terms the following words have the following meanings.

Contract

the contract for the sale and purchase of the Goods;

Delivery Area

UK mainland delivery, additional costs may apply to Highlands and islands of Scotland, Northern Ireland, Isle of Wight and Isle of Man. Deliveries outside of the UK will incur additonal postage costs.

Goods

the range of Aquatic and pond products which are available for purchase from our web site in accordance with the terms;

the Web Site

our presence on the world wide web, currently accessible via the address www.fish-4-u.com

the Seller, we, or us

Fish-4-u, 89-91 Victoria Road, St Budeaux, Plymouth, PL5 1RX, VAT Registration no. 447496900 (Please note: this site, and all orders from it, are managed by Waterfall Aquatics)

Basis of the sale

An agreement for us to sell you Goods is made on these terms when we accept an order made by you via our Web Site. The description of the Goods, the price, VAT, delivery costs are set out in the order page. We will confirm acceptance of your order on-screen.

We aim to give you a clear idea of the product offered for sale.

By purchasing knives or bladed articles you are confirming that you are aged over 18.

Details of the order

The quantity, quality and description of the Goods will be those set out in your order (if accepted by us)

Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your credit or account card is authorised for the transaction.

The Goods which can be ordered via our Web Site are only available for delivery to you if you are based in our Delivery Area.

Price of the Goods

Our charges for transport, packaging and insurance are detailed on the order page and will be included in the total price for the Goods.

All prices are inclusive of VAT where required. We reserve the right to adjust VAT in these prices if it changes.

Payment terms

We will charge your credit card account for payment upon receipt of order unless delivery cannot be fulfilled within 30 days. Items with a lead time greater than 30 days will be charged up to 7 days prior to dispatch. We accept no liability if a delivery is delayed because you did not give us the right payment details.

If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Contract or suspend any further deliveries to you. This does not affect any other rights we may have.

We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this Web Site, unless this is solely due to our negligence.

Delivery

We will deliver the Goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.

We will aim to deliver within the quoted time frame but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, we will contact you to advise you that the delivery date will have to be extended.

Delivery costs are free of charge within the UK mainland for orders over £25.00 or £2.00 delivery for orders under this value. A surcharge of £6.00 for orders over 2Kg will apply for Scottish Highlands and Islands, Northern Ireland, Isle of Wight, Scilly Isles and Channel Islands.

Delivery costs to Europe band 1 (all European countries not shown in Band 2 below) will incur an additional delivery charge as set out below. Up to 10kg £14.95, up to 20kg £19.95, 30kg £24.95 and 50kg £44.95. Europe Band 2 which includes Bulgaria, Czech republic, Estonia, Hungary, Iceland, Latvia, Lithuania, Greece, Poland, Romania, Russia, Slovakia, Slovenia and Turkey will incur a postage cost of up to 1kg £14.95, up to 2kg 19.95, up to 30kg £29.95 and up to 50kg £62.95. We are unable send goods over 2kg to Iceland.

Delivery costs to the rest of the world (orders outside of Europe) up to 1kg £18.95, up to 2kg £29.95, up to 10kg £169.95 and up to 20kg 259.95 all internationals orders are accepted at our discretion and may be subject to cancellation due to products being restricted from import to the buyers country or if the nature of the product is fragile or unsuitable for export.

Risk and ownership

Risk of damage to or loss of the Goods passes to you at the time of delivery to you or, if you fail to take delivery at the agreed time, the time when we tried to deliver.

You will only own the Goods once they have been successfully delivered and when we have received cleared payment in full.

Returns/Options to cancel

 

 

At Fish-4-u we guarantee only to send you top quality products and will inspect everything carefully before it leaves us to make sure it's in excellent condition. We also do our utmost to package and protect everything so that it doesn't get damaged on its way. However, if you do have a problem, here is what to do:

Contact Customer Services

Please either phone on 01752 350100 [between 9 and 5, Monday to Saturday, 11 and 4 Sunday, or email fish-4-u@btconnect.com
otherwise write to:
Fish-4-u

89-91 Victoria Road

St Budeaux

Plymouth

PL5 1RX

Incorrect Goods

If we sent you something you hadn't ordered please contact us within 14 days informing us of the problem. You can return it within 30 working days unused for a full refund.

Damaged In Transit

If your purchase is damaged in transit, please contact us within 14 days informing us of the problem. You can return it within 30 days and either get a replacement or a refund. Please make sure you give us your order number and return the item in its original packaging.

Damaged or Defective Goods

Products

If you receive a product that is defective, please contact us within 14 days informing us of the problem. You can return it within 30 days and either get a replacement or a refund. Please make sure you give us your order number and return the item in its original packaging. If the product is covered by a manufacturer's warranty, please contact us or the manufacturer directly.

 

 

 

Cancellation

Under the distance selling regulations you have the legal right to cancel your order within 14 days of receipt of your order. To cancel an order, please contact us on 01752 350100 or e-mail at fish-4-u@btconnect.com with details of the order you are cancelling.

Returns

You can return your order within 30 days of receiving it provided you have contacted us within 14 days of receipt to advise of its return. Please ensure all reasonable efforts are used to keep the product in a resaleable condition.

We will not pay the costs of returning an item to us if the product is returned because it is no longer required or you have changed your mind.

Until we receive the goods you are returning, they are your responsibility. For your protection and peace of mind, we recommend you use a recorded delivery service to return things.

To get a full refund, simply return the item to us within 30 days of cancellation.

 

Warranties

We aim to provide high quality Aquarium and Pond goods to our customers. Accordingly, we warrant that where the Goods are products and not already covered by a manufacturer's guarantee, they will meet their specification and will be free from defects in materials and workmanship at the time of delivery. We further undertake that goods will be in good condition at the time of delivery and will be of the type ordered, or if that type is not available we will let you know by e mail and, if possible, suggest a suitable alternative which is available. If you do not want the alternative suggested, you will be entitled to order another product or cancel your order, as you wish.

Liability

If you have a valid claim in respect of any of Goods which is based on any defect in their quality or condition or their failure to meet specification in accordance with the Contract, and you have returned the Goods within a reasonable time, you will be entitled to choose either a refund of the price of the Goods or replacement Goods free of charge.

We shall not be liable to you for losses you suffer based on the estimated delivery date of an order should these items fail to be delivered within that time.

These terms and conditions do not affect your statutory rights as a consumer.

We will continually improve the Goods, so changes to them may be made at any time. We will use reasonable commercial endeavours to keep the Web Site up to date but the information and specifications given are for your information only and are subject to change without notice.

Great care has been taken to ensure that all products are accurately described. Dimensions are approximate only. Great care has also been taken with all the images on this web site, however the actual colours you see will depend on your monitor and could vary from the actual product.

The content of the Web Site is directed solely at those who access the site from addresses within the Delivery Area.

7. We assume no responsibility for the contents of any other web sites to which this Web Site has links.

Matters out of our control

We will not be liable to you or in breach of the Contract for delay or failure to perform due to a cause beyond our reasonable control.

Copyright

All of the written, photographic, design and audio content of the Web Site together with the selection and arrangement of it and all software compilations are our copyrighted property or that of the people who have granted to us the right to use it and is protected as such. All rights reserved.

None of this material may be used without our written permission. You may download or print a single copy for your own non-commercial off-line viewing.

All names, logos, slogans, or other phrases may be a trade mark of ours or another person or corporation. Any unauthorised use of a trade mark is unlawful.

Privacy

Please read our customer privacy policy, which explains how we will not pass on your details to any third party.

Changes

We reserve the right to make changes to this Web Site and these terms at any time.

Complaints

If you wish to complain about any aspect of our service, please email us at fish-4-u@btconnect.com

General

Emails to you will be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and contact telephone number and tell us of any changes to them.

If either we or you fail to enforce a right under these terms, that failure will not stop us or you from enforcing the other rights, or the same type of right on a later occasion.

To the extent that any provision of these terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be a part of these terms, it will not affect the enforceability of the remainder of these terms nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

The headings in these terms are for convenience only and will not affect their interpretation.

Governing law and jurisdiction

These terms will be governed by English law and any disputes will be resolved exclusively by the English Courts.




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