Terms & Conditions
Introduction
1. The supplier of the goods under your order is Fish Finatics Ltd. (Company number 7802047 Registered in England and Wales) whose registered office is at Unit 5 Ringtail Road, Burscough Ind Est., Burscough, West Lancs, L40 8JY. Aquariums (Manufacturing) Ltd. (Company number 7802169 Registered in England and Wales) whose registered office is at Unit 5 Ringtail Road, Burscough Ind Est., Burscough, West Lancs, L40 8JY. Is a service provider to Fish Finatics Ltd.
Placing Your Order
2. When you order goods from us a contract will only be formed when we receive your online order confirmation unless your order is placed by telephone, in which case a contract will be formed at the point of order.
3. A valid contact phone number must be supplied at point of order.
4. All aquariums and cabinets are bespoke and made to order.
5. For all orders containing an aquarium and/or cabinet we will confirm your order via e-mail, fax, or letter post. You must inform us within 7 days if you do not receive a confirmation.
6. If you want to change your order (including the arrangements for delivery or collection), you must contact us immediately, as a change may delay the delivery of your order. We may apply a charge if we have started to produce your aquarium or cabinet. To cancel your order or any part, please see ‘your rights to cancel your order’ below.
7. You have 7 days from point of order to cancel with a full refund (Cooling off Period).
8. You will be informed of the approximate timescale for contact regarding your order for your aquarium and/or cabinet. Also see item 51.
Delivery
9. Once your aquarium and/or cabinet is ready for dispatch we will contact you via e-mail, fax, or letter post.
10. We will not deliver your goods until they are paid for in full.
11. If payment was made via credit or debit card delivery will only be made to the card holder’s address.
12. All accessories ordered with out an aquarium and/or cabinet will be dispatched within five days of the order unless they are out of stock. (See delays in delivery). All accessories ordered with an aquarium and/or cabinet will be delivered with those goods.
13. To ensure your aquarium and/or cabinet arrives safely, we use two types of delivery service (Standard) and (Personnel). All deliveries for other items are made by a partner delivery company. Personal collection is available.
14. Our standard or personnel delivery service is to a post code within the mainland UK. Extra charges may apply for the following post codes: BT, HS, IV, KW, PH, AB, DD, KY, PA, FK, IM, NR, IP, SA, TR, PL, TQ, EX, TO, ISLE OF WIGHT, GY GUERNSEY, JE JERSEY, ORKNEY ISLES, SHETLAND ISLES, ISLES OF SCILLY. Please our sales team to confirm. Other forms of delivery may be available.
14a. Our standard delivery service is via a 3rd party and is only delivered to the boundary of your property. You must check the goods prior to signing for them as responsibility will pass once signed for.
14b. Our personnel delivery service is via our own van and two man van team. An extra charge is payable for this service.
15. Our personal delivery team will operate safe lifting practices and will lift no more than 25kg per man. If your aquarium and/or cabinet are above 50kg each in weight our staff will require assistance with the delivery.
16. Our personal delivery service can only deliver through a ground floor or basement entrance on road level. This must be close to a road suitable for delivery access. You must tell us when placing your order, about any special factors that may result in delivery being more costly and/or taking longer than it otherwise would have, such as parking restrictions, tolls etc. The final delivery point must be on the same level as the entrance door.
17. If you have a disability and can not provide assistance then please contact our sales team, as we can arrange other delivery options.
18. If our staff do not require assistance during delivery responsibility of your aquarium and/or cabinet will pass to you when you are asked to sign for the goods. If our staff require/receive assistance during delivery then responsibility of your aquarium and/or cabinet will be yours on leaving our vehicle. For this reason you should be present at delivery yourself. However, if you do ask someone else to take delivery for you, then you must make sure that they are aware of what they need to do.
19. By allowing us to enter your premises you are taking liability for any damage caused to the said premises during the delivery process.
20. By us placing your aquarium and/or cabinet in the requested location within your premises this does not confirm that we agree to that location. You are still required to ensure that the aquarium is leveled and installed correctly.
Extra delivery charges
21. Extra charges for delivery may apply in any of the following circumstances:
a) If you change the address to which any goods are to be delivered at short notice.
b) If delivery is more costly and/or takes longer than it otherwise would have because of any special factors that you failed to tell us about.
c) If the goods need to be redelivered because of access problems (e.g. small door frames, awkward turns, narrow passages, steps etc) at the delivery address or because the goods would not fit into the room for which they were intended.
d) If the goods need to be redelivered because there was no-one at the delivery address aged 18 or over to sign for the goods at the time arranged for delivery.
e) If the delivery is refused for any reason.
22. We will let you know if any extra delivery charges are payable and you must pay these charges before delivery or re-delivery (as appropriate) or, if charged after delivery, within 7days of receiving notice of such extra delivery charges.
Collection of goods
23. If you are collecting any goods paid for via credit or debit card. These goods must be collected by the card holder and the card used for payment be produced on collection. Where goods are to be collected by you, you must collect those goods (bringing with you proof of purchase) within 21 days of you receiving notification that they are ready for collection unless you have already cancelled your order in accordance with condition 37 below. If you fail to do so without having obtained our prior agreement to an extension of time for collecting the goods (and we will agree any reasonable request for an extension of time), then you must pay us storage charges weekly in arrears at a rate of up to £10 per day or part day starting on the day after the goods should have been collected and ending on collection of the goods..
24. Any unpaid storage charges must be paid before any goods may be collected outside the 21-day collection period or any extended period that we agree.
Delays in delivery
25. Occasionally the delivery of your goods may be delayed by circumstances outside our control. If for any reason we are unable to deliver the goods or to have them ready for collection then we will arrange a new date with you.
26. As we are handling large fragile glass items health and safety is paramount. This can cause delays with deliveries so a failed delivery will not be classed as breech of contract.
Price and payment
27. The price for the goods (including any extra delivery charges) is as set out in the order confirmation.
28. You must pay in full for the goods (including any extra delivery charges) before delivery.
29. Ownership of the goods we supply to you will not pass until we have received all sums due and payable by you for or in connection with the goods, including (where applicable) extra delivery charges and storage charges.
Quality
30. All of our aquariums have a four year manufacturer’s guarantee against poor workmanship and faulty materials*. All other items have a twelve month guarantee.
31. For our aquarium guarantee to be valid. All of our aquariums must be installed on a 10mm polystyrene base placed on a flat and level surface. (This level surface must be maintained).This surface must be rated to take the weight of the aquarium and its contents.
32. All of our aquariums are built to a safety factor of 2 and above.
33. If item 31 is adhered to then we will guarantee the aquarium for four years against the failure of the silicon joints so long as these have not been compromised by cleaning blades.
34. We manufacture all of our aquariums with polished edges on the main panels of glass. This eliminates possible cracking points. Under normal use and if item 29 has been adhered to then the glass panels will not crack. (Failure of the silicon can cause cracking and this is covered under item 31).Therefore we do not guarantee cracking of the glass panels as this can only be caused by incorrect installation or physical damage..
35. All items must be inspected upon delivery and any damages must be confirmed with our delivery staff and our sales team. Once our staff have left site no claim for damage can be made. If you believe any of our products to be of unsatisfactory quality, this must be reported within 7 days of delivery. Where a valid claim has been made in respect of a defective item(s) within the correct time period, replacement of the item(s) will be made free of charge or a full refund will be made within 30 days of notification but we will have no further liability to the customer. Any damages reported after the initial 7 day period must be of a structural nature or a defect in the manufacturing. Full refunds will be issued providing all items are returned in their original condition.
36. You agree that we (or our appointed agents) may examine and test any goods that are claimed to be defective to establish whether those defects are our responsibility. Where we need to send the goods away for examination and testing, then you will permit us (or our agents) to collect the goods from you for that purpose.
37. Where defective goods are exchanged, you must allow us to collect the defective goods from you. Please also note that you may have to wait for replacement goods that are non-stock items or are bespoke.
38. Nothing in this section affects your statutory rights as a consumer
Your rights to cancel your order
39. All customers have the right to cancel their order for up to 7 days after their item(s) have been delivered, in exchange for a full refund. A collection charge may apply, please contact our sales team with regards to this. All item(s) must be returned in their original condition. This is not applicable to aquariums and cabinets as these are personalized items which includes bespoke finishes, sizes and colours. A cancellation charge will be made to cover any incurred costs at that time, please contact our sales team with regards to this.
Refunds
40. Your refund will be processed as soon as possible and in any event within no more than 30 days of the day you have given us notice of cancellation.
41. To obtain a refund you must return the goods to us immediately at your cost, unless defective, and in the same condition in which you received them, the original packaging must be unopened and undamaged. We can make arrangements for the goods to be collected from you, but this will incur a charge which will be deducted from your refund.
42. If you fail to return the goods as required within 28 days of cancellation then we will make a charge in respect of the cost of collecting (or attempting to collect) the goods. If collection is not possible, you will be deemed to have re-ordered the goods at the price you originally paid for them.
43. Until the goods are returned to us, you are responsible if the goods are lost, damaged or destroyed. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation we may have a right of action against you for compensation.
44. We will usually make a refund using the same method of payment originally used by you to pay for your purchase.
Our products
45. All goods are subject to availability. If for any reason beyond our control we are unable to supply any goods then you will be offered a full refund or, if available and acceptable to you, substitute goods of equivalent quality and price.
46. To get the most out of any goods, you should take care to follow the care instructions. The goods we sell are for consumers for general domestic use only. All product details and dimensions are approximate only. We must be notified at the point of sale if the goods are to be used in any accommodation that you let to a third party or if in any other circumstances the goods will not be under your day to day control.
Our Staff
47. Our staff are trained to provide excellent service. However, we will not be held liable for any advice that we give.
Data protection
48. The information we collect via this website may include any personal details you knowingly provide us with through forms and our email, such as name, address, telephone number, etc. It may be necessary for the bank or card-processing agency to verify your personal details for authorisation in order to effectively process credit or debit card transactions. Such information will not be transferred for any other purpose.
Any information we collect from our website is in accordance with the Data Protection Act 1998 and other laws. The details we collect will only be used to process your order and to provide after sales service.
Credit/debit card security on the internet is extremely important to us. We try to provide our customers with the most secure way of making payments online. All data entered with regards to your credit/debit cards is via Protx's encrypted system. Protx are the largest independent payment service provider in the UK. Any data that is passed through our system is in an unreadable format that cannot be compromised. Customers are encouraged to input their credit/debit card details on their order form. Please do not send your credit/debit card details via email. If you have any queries about using our system, please contact our sales team.
General
49. We will not be responsible for any delay in complying or failure to comply with our obligations under these conditions of sale if that delay or failure is due to any circumstances outside our reasonable control including without limitation fire, flood, acts of terrorism.
50. We recommend that you do not order perishable stock for your aquarium until it is received and accepted by yourself. We will not be held liable for lost of stock due to delivery delays.
51.As per item 8 you will be informed of the approximate timescale for contact regarding your aquarium and/or cabinet order. This time period is an estimate only at that time and shall not be binding. Time of delivery shall not be of the essence.
52. These conditions of sale are in addition to, and do not affect, your statutory rights as a consumer. They are the only terms and conditions that are applicable to your order.
53. You may not transfer your rights under the contract between us to any third party without the prior written consent of Fish Finatics Ltd.
54. If any term of these conditions of sale is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, then such term will be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
55. If you do not comply with these conditions of sale and we take no action in respect of that non-compliance, our right to take action in the same or a similar situation in the future will not be affected.
56. The contract between us will be governed by English law.
These terms were last updated on 22nd October 2011.
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