Terms and Conditions - Last Revised 10.01.2017
These Terms and conditions will apply to any purchase, otherwise referred to as a contract, entered into between, you, the customer and Us, All Pond Solutions. Before purchasing from All Pond Solutions please read these Terms carefully and make sure that you understand them. Please note that before placing an Order you will be asked to agree to these Terms. Purchasing from Us is acceptance of these Terms. If you cannot accept these Terms, We advise you not to Order Products from Our website.
We reserve the right to amend these Terms from time to time as set out in clause 7. Upon each purchase, We advise that you check the Terms to be sure of any changes made and that you fully understand the Terms that apply at that given time.
These Terms, and any contract between Us, All Pond Solutions, and you, the customer are only in the English language.
To view All Pond Solutions Warranty Policy please click here.
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
a. Events Outside Our Control: defined in clause 15.2
b. Order: the order you, the customer have placed with Us and what We will be sending to you;
c. Product: the product listed on Our website which We, All Pond Solutions sell to you as set out in the Order you have placed;
d. Terms: the terms and conditions set out in this document; and
e. We/ Our/ Us: All Pond Solutions Limited (Company Number: 05678076) whose registered office is at 22 Wycombe End, Beaconsfield, Buckinghamshire, England, HP9 1NB.
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We state otherwise.
2. INFORMATION ABOUT US
2.1 We operate the website www.allpondsolutions.co.uk. We are All Pond Solutions Limited; a company registered in England and Wales under company number 05678076, and with Our registered office at 22 Wycombe End, Beaconsfield, Buckinghamshire, England, HP9 1NB. If you have any questions, or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01895 813000 or by e-mailing Us at [email protected].
2.2 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us by e-mail, by hand, or by pre-paid post to All Pond Solutions Limited at Unit 203, Riverside Way, Uxbridge, UB8 2YF. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
3. OUR CONTRACT WITH YOU, ENTERED INTO UPON PURCHASING FROM US, ALL POND SOLUTIONS
3.1 These are the Terms on which We supply the Products to you.
3.2 It is advised that you print or save a copy of these Terms for future reference, should you need them.
3.3 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate before you submit the Order. Once you submit the Order, We will assume this is you agreeing to the Terms set out in this document. If you believe that there is a mistake or require any changes to the Order, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
3.4 If any of these Terms conflict with any term of the Order, the Order will take priority.
3.5 An Order number will be provided to you once We confirm the Order. Please quote the Order number in all subsequent correspondence with Us relating to the Order.
4. OUR PRODUCTS
4.1 The images of the Products on Our site are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer, tablet or other handheld or electronic device displays the true colour of the image of the Products. It is important to be aware that your Products may vary slightly from those images.
4.2 The packaging of the Products may vary from that shown in the images on Our site.
5. HOW WE USE YOUR PERSONAL INFORMATION
5.1 We will use the personal information you provide to Us to:
a. Provide the Products you have specified in the Order;
b. Process your payment for aforementioned Products; and
c. Inform you about similar Products or services that We provide, but you may stop receiving these at any time by contacting Us or if via email, clicking ‘unsubscribe’ at the bottom of the email you have received from Us.
5.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
5.3 We will not give your personal data to any other third party.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our shopping pages will guide you through the steps you need to take to place an Order with Us. Our Order process allows you to check and amend any errors before submitting your Order to Us. Please take the time to read and check your Order at each page of the Order process.
6.2 After you place an Order, you will receive an e-mail from Us acknowledging that We have received your Order. However, please note that this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 6.3.
6.3 We will confirm Our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The contract between Us, All Pond Solutions, and you, the customer, will only be formed when We send you the dispatch confirmation.
6.4 If We are unable to supply you with a Product due to the following circumstances, We will inform you of this via email and We will not process your Order:
a. Product is not in stock.
b. Product is no longer available.
c. We cannot meet your requested delivery date.
d. Error in price on Our website.
e. If you have already paid for the Products, We will refund you the full amount, including any delivery costs that have been charged, as soon as possible.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We reserve the right to amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
7.2 Every time you order Products from Us, the Terms in force at the time of your Order will apply to the contract between you and Us.
7.3 We may revise these Terms as they apply to your Order from time to time to reflect the following circumstances:
a. Changes in relevant laws and regulatory requirements; and
b. As required for Our business purposes.
7.4 If We have to revise these Terms under this clause, such changes will take immediate effect and be binding.
7.5 If We have to revise these Terms as they apply to your Order, We will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at Our cost) any relevant Products you have already received and We will arrange a full refund of the price you have paid, including any delivery charges.
8. YOUR CONSUMER RIGHT OF RETURN AND REFUND
8.1 If you are a consumer, you have a legal right to cancel a contract during the period set out below in clause 8.5. However, We are sorry that in most cases an Order is unable to be cancelled. Please refer to the ‘Cancellation Policy’.
8.2 During the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify Us of your decision to cancel the contract and We will take the relevant steps to ensure this is done for you.
8.3 It is important to note that Orders placed outside of general working hours (8:30am-5:30pm), and over the weekend, may have already been dispatched; and whilst they can be cancelled by informing Us in writing via e-mail at [email protected], you may be liable for the cost of cancelling the Order and/or returning it to Us. Advice about your legal right to cancel the contract is available from your local Citizens Advice Bureau or Trading Standards office.
8.4 However, this cancellation right does not apply in the case of any Products which become mixed inseparably with other items after their delivery.
8.5 We will not accept Products that are returned to Us outside of the 30 day return policy. We will not refund or exchange Products that have been used and are not faulty after purchase, even if returned within the 30 day policy. If a refund is offered, it is at the discretion of management. A small percentage may be deducted to account for general wear and tear which may include media replacement costs and the cost of return to Us.
8.6 Your legal right to cancel a contract starts from the date of the dispatch confirmation (the date on which We e-mail you to confirm Our acceptance of your Order), which is when the contract between Us, All Pond Solutions and you, the customer is formed. The circumstances under which you can cancel your Order then depend on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 30 days after the day on which you receive the Product.
Your contract is for either of the following:
• One Product which is delivered in instalments on separate days.
• Multiple Products which are delivered on separate days.
The end date is 30 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Your contract is for the regular delivery of a Product over a set period.
The end date is 30 days after the day on which you receive the first delivery of the Products.
8.7 To cancel a contract, you need to let Us know by writing, or by phone, that you have decided to cancel. If We accept the cancellation, We will e-mail you to confirm We have received and accepted your cancellation.
8.8 If you cancel your contract and subsequent Orders We will:
a. Refund you the price you paid for the Products. However, please note We are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If We refund you the price paid before We are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay Us an appropriate amount to the damages inflicted upon the Product/s.
b. If you choose to cancel your Order after you have had notification of dispatch, the costs of original delivery and return will be deducted off the final refund amount. With the purchase of some Products, you are required to confirm delivery guidelines. If these are confirmed and you cancel the Order after dispatch, you will be charged for the delivery and return costs incurred with the Order.
c. Make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
d. If you have received the Product and We have not offered to collect it from you 30 days after the day on which We receive the Product back from you or, if earlier, the day on which you provide Us with evidence that you have sent the Product back to Us. For information about how to return a Product to Us, see clause 8.8;
e. If you have not received the Product, or you have received it and We have offered to collect it from you: 30 days after you inform Us of your decision to cancel the contract.
8.9 If you have returned the Products to Us under this Clause 8 because they are faulty or mis-described, We will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item/s to Us.
8.10 We will refund you on the credit card or debit card used by you upon purchasing the Product/s. If you used loyalty points to pay for the Product We may refund you in loyalty points
8.11 If a Product has been delivered to you before you decide to cancel your contract:
a. You must then return it to Us without undue delay and in any event not later than 30 days after the day on which you let Us know that you wish to cancel the contract.
b. Unless the Product is faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to Us. If the Product is one that cannot be returned by post, We estimate that if you use the courier who delivered the Product to you, these costs should not exceed the sums We charged you for delivery.
c. Returning large aquariums: If your tank is collected and found NOT faulty, you will be charged £20 for the cost of the pallet and wrapping if provided for you. You may also incur other charges for the cost of return.
d. If you return an item, whether it be faulty or unwanted, and do not claim for it within 6 weeks of Us receiving the item, it will be destroyed without replacement or refund.
9.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the dispatch confirmation. Occasionally, Our delivery to you may be affected by an Event outside Our Control. See Clause 15 for Our responsibilities when this happens.
9.2 If no one is available at your address to take delivery, the courier used will leave a card instructing you to arrange a re-delivery. Please be aware that if you have booked in a day for delivery and you are not present at the address of delivery on the specified day, you will be liable for any costs incurred for re-delivery.
9.3 Delivery of an Order shall be completed when We deliver the Products to the address you gave Us and the Products will be your responsibility from that time.
a. Large Aquariums: If you fail to arrange a delivery date with Our courier, and considerable time has passed, they will return the tank to Us directly as they have a limited holding period. We at All Pond Solutions then reserve the right to recall the aquarium and deduct any delivery and return costs incurred off the refund due to you. We will attempt to keep you informed of every stage of this process.
9.4 You own the Products once We have received payment in full, including all applicable delivery charges.
9.5 If We miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
a. We have refused to deliver the Products;
b. Delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
c. You told Us before We accepted your Order that delivery within the delivery deadline was essential.
9.6 If you do not wish to cancel your Order straight away, or do not have the right to do so under Clause 9.5, you can give Us a new deadline for delivery, which must be reasonable, and you can cancel your Order if We do not meet the new deadline.
9.7 If you do choose to cancel your Order for late delivery under Clause 9.5 or Clause 9.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to Us or allow Us to collect them; We will reimburse you for the cost of this. After you cancel your Order, We will refund any sums you have paid to Us for the cancelled Products and their delivery.To view a full description of Our Delivery, Cancellation and Payment Policy, please click here.
10. MISSING, INCOMPLETE OR DAMAGED ORDERS
10.1 What to do if your Order hasn’t arrived:
a. Firstly, please view your Order status online; ensuring the Order has been processed.
b. If your Order has been sent via courier, you will have received a tracking number by email - please follow the link to track your items.
c. Royal Mail Orders can take between 2 to 3 days before delivery and 4-6 days for 2nd class services.
d. If, after the expected time period has passed and you have not received your goods, contact [email protected] for a tracking number or more information in regards to your Order.
10.2 What to do if your Order is damaged on arrival or incomplete.
a. Should your Order arrive with damaged items or missing parts, please contact [email protected]
b. Ensure you provide your name, Order number, delivery postcode, when you received the goods and images of the damaged items.
c. In the event of missing goods, please provide an image of the delivery note, delivery label, the items you did receive and the box in which they arrived.
d. If you would prefer to return the damaged items, you may do so via the returns methods listed in the ‘returns’ section. We will not reimburse for return postage costs on of damaged items. It is therefore advised that you contact Our Customer Services Team first so We can assist you without incurring costs to you.
11. EUROPEAN DELIVERY
11.1 We deliver to European countries only (European Delivery Destinations). However there are restrictions on some Products for certain European Delivery Destinations, so please review the information on that page carefully before ordering Products or contact [email protected].
11.2 If you order Products from Our site for delivery to one of the European Delivery Destinations, your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that We have no control over these charges and We cannot predict the Product’s amount.
11.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your Order.
11.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products will be as quoted on Our site at the time you submit your Order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. Prices for Our Products may change from time to time, but changes will not affect any Order you have already placed.
12.2 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your Order and the date of delivery, We will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.3 In the result of All Pond Solutions running a sale promotion, and you purchase Products AFTER the time the sale has finished, We will not reimburse the difference you have paid for the Product you purchased outside of the sale duration.
a. If you have received a Quote Order from Us during a sale period for discounted items that quote will become void when the sale expires. Original prices will apply if the Order is not paid for within a sale period. We are not obliged to extend these offers.
12.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your Order.
13. HOW TO PAY
a. We take payment from your card at the time We receive your Order. Goods are subject to availability. In the event that We are unable to supply the goods, We will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
b. Unfortunately, if you have paid via PayPal and want to change your delivery address, We are unable to do this for you. We will advise that you cancel the Order (this can be done through contacting the customer services team) and re-order with the correct address.
c. Transactions that are equal to, or greater than £50, taken over the phone are subject to fraud checks through Our screening system. If the checks do not match up, the transaction will be voided. A shadow payment may show in your account for Orders that have to be voided. This will clear by the following day.
d. Transactions that are equal to, or greater than £50, taken over the phone must have the same billing and delivery address. If you wish to deliver to an alternative address then the Order must be placed online.
13.2 You can only pay for Products using a debit card or credit card. We accept the following methods of payment:
c. MasterCard; and
13.3 Payment for the Products and all applicable delivery charges is in advance.
14. OUR LIABILITY IF YOU ARE A CONSUMER
If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of these Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time We entered into this contract. We are not responsible for the loss of any livestock as a consequence result of you using Our Products in your aquarium or pond.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
15.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including but not limited to strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
15.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
a. We will contact you as soon as reasonably possible to notify you; and
b. Our obligations under these Terms will be suspended and the time for upholding the performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of services to you, We will restart the services as soon as reasonably possible after the Event Outside Our Control is over.
15.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Products.
16. OTHER IMPORTANT TERMS
16.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
16.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
16.3 This contract is between you and Us. No other person shall have any rights to enforce any of its Terms.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waiver a default by you, We will only do so in writing, and that will not mean that We will automatically waiver any later default by you.
16.6 These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts.
17. LIVESTOCK T&C’s
17.1 It is the responsibility of the customer to make sure they are present for the delivery of livestock.
17.2 Due to costs incurred by packaging livestock, minimum Order values are excluding dry goods placed in the Order.
17.3 In the event that the customer is not present for the receipt of livestock, All Pond Solutions cannot and will not be held responsible for the condition of livestock when it is received, as it will be taken back to the local depot and collection or redelivery will need to be arranged.
17.4 Receipt of all livestock goods must be taken by adults aged 18 or over.
17.5 In the event of damaged goods on arrival, please state so when signing for delivery. In the event that goods are accepted and not otherwise stated, they shall be assumed to be accepted in good condition.
17.6 In the event of any delays out of Our control due to poor weather conditions, accidents or traffic, please contact Our customer service team, who can track your parcel to provide an estimated time of arrival. Due to the nature of livestock, We will still need you to be available for the delivery even in the event of a delay.
17.7 During adverse weather conditions, where outside temperatures drop below 0 degrees celsius, tropical fish deliveries will not be dispatched to safeguard the welfare of the livestock in transit. Should this occur, a member of the All Pond Solutions team will contact all customers with Orders that have been affected to reschedule a suitable delivery date. Deliveries of coldwater fish will not be affected and will be dispatched as normal.
17.8 All Pond Solutions will only ship livestock deemed healthy and well enough to survive the journey.
17.9 In the event your fish arrive lethargic or lying down on arrival - this is a usual reaction to the stress of the journey and they should recover once they have fully acclimatised to your tank or pond.
17.10 Returns on healthy livestock cannot and will not be accepted. It is the responsibility of the customer to fully research the requirements of the livestock being purchased and their compatibility with existing species.
17.11 Your 5 day guarantee extends to the first delivery only. If a redelivery is attempted or required this falls outside of your guarantee.
17.12 We require photographic evidence of any dead on arrivals. These must be still in the bag, unopened. In the event of any losses during the 5 day guarantee period please email photographic evidence to [email protected] We will then issue a single use coupon which can be used on your next Order.
17.13 Any fish loss once acclimatised must be photographed on a plain white sheet of paper and emailed to [email protected]
17.14 The 5 day guarantee does not cover any Cichlids or species labelled as Aggressive. Due to the nature of these species We can only guarantee these to arrive alive.
17.15 It is the responsibility of the consumer to thoroughly inspect all livestock whilst still inside of the bags and to alert All Pond Solutions of any dead arrivals prior to opening and starting the acclimatisation process.
17.16 All Pond Solutions will do everything possible to provide a consistent size of stock from Order to Order. There are seasonal variations which can affect availability so there may be times when specimens are larger or smaller than otherwise stated.
17.17 All Pond Solutions are not responsible for any losses to existing tank inhabitants. It is the responsibility of the consumer to research compatibility.
17.18 We do Our utmost to ensure accurate information is provided regarding temperament. Fish are live animals and temperaments can vary between multiple specimens of the same species. These are guidelines and not guarantees.
17.19 All Pond Solutions will not be held responsible for any incorrect species being added to an aquarium. Where possible, it is advisable to quarantine new arrivals.