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Aquapontics » Terms & Conditions of Sale

1 Definitions

1.1 ‘Conditions' means the terms and conditions set out in this document.
1.2 ‘Customer' means the person who buys or agrees to buy the goods from the Supplier (by giving their name and other details via the Site).
1.3 ‘Goods' means the articles which the Customer agrees to buy from the Supplier.
1.4 ‘Price' means the price for the Goods.
1.5 ‘Site' means the website located at or any URL which may replace it and/or also any URL which maps (i.e. sends a user) to the same website.
1.6 ‘Supplier' means AQUAPONTICS, whose address is 21 Water Street, Wallasey, Wirral, Merseyside, CH44 8AP.

2 Conditions applicable

2.1 These Conditions shall apply to all contracts for the sale of Goods by the Supplier to the Customer, to the exclusion of all other terms and conditions.
2.2 All orders made by a Customer using the Site, shall be deemed to be an offer by the Customer for the Supplier to supply the Goods, pursuant to these Conditions. For the avoidance of doubt, an acknowledgement of any such order or an acknowledgement of payment shall not constitute a contractual acceptance of such an offer. All offers are subject to formal acceptance by the Supplier at its absolute discretion.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Customer's acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier. These Conditions shall constitute the entire agreement between the parties hereto and shall supersede the provisions of any previous contract, whether in writing or orally and supersedes all previous agreements and understandings between the parties.
2.5 These Conditions do not affect your statutory legal rights.
2.6 The Supplier reserves the right to change these Conditions from time to time and the Customer is encouraged to review them as often as possible. Any changes are effective immediately upon posting to the Site.
2.7 Please note that the Supplier does not accept orders over the phone; all
orders need to be placed using the Site.
2.8 When the Customer places their order they agree that e-mail can be used as a means of communication.
2.9 Actual products may look different from the photos on the Site (and may not contain all parts or accessories shown, some of which may just be indications of possible uses of the product or the photos may display parts or accessories which may be used in conjunction with the product but which are not provided - please see the description of the product to ascertain what forms part of the Goods).

3 Price and payment

3.1 The Price for the Goods shall be the price quoted for the time being on the site. The Supplier reserves the right to make changes to Goods and their prices without prior notice.
3.2 The Price is inclusive of VAT (at the current chargeable rate), but exclusive of any other duties and the Supplier may charge the Customer in relation to the same, if required to do so by law or if the Supplier would otherwise have to pay the same should the Customer fail to do so, in addition to the Price (such additional monies shall be payable within 14 days of a request by the Supplier and paid using the method requested by the Supplier).
3.3 Available payment methods may depend on where the Goods are to be delivered and are detailed on the Site.
3.4 Unless and until the Supplier has received confirmation that the Price has been credited to its account on behalf of the Customer, the Supplier shall not be required to deliver the Goods.
3.5 The Customer agrees that all details provided by them to the Supplier for the purpose of ordering or purchasing Goods are correct, that the credit or debit card the Customer is attempting to use is their own and that there are sufficient funds to cover the cost of the Goods ordered.

4 Matters beyond the control of the Supplier and liability

4.1 If the Supplier is affected by any circumstances beyond its reasonable control (including, without limitation, national emergency, war, prohibitive governmental regulation, strike, lock out or other industrial action), it shall notify the Customer of the nature and extent of the circumstances on the Site (but only if the Site is still operational at that time).
4.2 The Supplier shall be deemed not to be in breach of any contract between the parties which is subject to these Conditions, or otherwise be liable to the Customer, for any delay in performance or the non performance of any of its obligations under a contract between the parties which is subject to these Conditions, to the extent that the delay or non performance is due to any of the circumstances described in clause 4.1 above, and the time for performance of that obligation shall be extended accordingly.

5 Delivery of the Goods

5.1 Where Goods are in stock, orders received by 4pm will be shipped either the same day or the following day (if an order is received on a Monday - Friday, excluding Bank Holidays), provided that the Supplier has accepted an order to purchase Goods from a Customer (and subject to payment). It may however take longer if the Supplier is awaiting stock from one of its suppliers. Time shall not be of the essence when delivering the Goods and such delivery may take longer than 30 days in rare cases. The Supplier will endeavour to deliver the Goods as soon as is reasonably practicable for it to do so.
5.2 Delivery of the Goods shall be made to the Customer's address given to us via the Site and may be sent via post or courier. If the Customer would like the Supplier to deliver to an alternative address, the Customer should inform the Supplier of the same (but this is not permitted the first time a debit/credit card is used). Delivery charges to UK addresses will be stated in the Shopping Cart section of the Site.
5.3 The Customer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery by or on behalf of the Supplier. Delivery of the Goods shall be deemed to be made (and received by the Customer) on arrival of the Goods at the Customer's stated delivery address, whether or not the Customer is there to physically collect the same at that time and risk in the Goods shall thereupon pass to the Customer.

6 Acceptance of the Goods and Returns

6.1 The Customer has a right to cancel a contract between the parties, which is subject to these Conditions, pursuant to the Consumer Protection (Distance Selling) Regulations 2000 (subject to the terms of Clause 6.2). Please note that the right to return Goods does NOT apply to any Goods made to the Customer's specification. The Supplier will notify the Customer as to whether or not Goods will be made to the Customer's specification on the Site, or otherwise. If the Customer is in doubt about this, they should contact the Supplier to discuss.
6.2 The right to cancel must be exercised no longer than seven working days after the day on which the Goods have been delivered (see Clause 5.3).
6.3 The Customer must return the Goods to the Supplier, in their original condition (with all labels and packaging intact), at the Customer's expense, following such cancellation, or alternatively, request the Supplier to collect them by or on behalf of the Supplier with the Customer paying the Supplier's costs and expenses. The Supplier recommends the Customer to obtain proof of postage, as the Supplier shall not be held responsible for Goods lost in transit.
6.4 Any money paid will be refunded within 30 days of cancellation, provided that the Supplier has received the Goods in the same condition they were in at the time of delivery to the Customer. If the Customer is returning Goods paid for with a credit or debit card, the Supplier will make credit adjustments directly to your account number.

Returns after 7 days

6.5 If the Customer wishes to obtain replacement Goods, or have Goods repaired, because they are faulty, other than pursuant to the Customer's rights above, the following terms of Clause 6 shall apply.
6.6 The Customer must contact the Supplier via email or telephone and describe in as much detail as possible the fault and any attempts the Customer has taken to rectify the fault.
6.7 The Supplier may then at its discretion:
(1) if the Supplier considers the fault to be unrepairable, immediately provide the Customer with the option of a refund (with an appropriate deduction for use at the Supplier's reasonable discretion), or a replacement; OR
(2) send the Customer a testing checklist (or refer to one on the Supplier's website at its discretion) or inform the Customer verbally what testing needs to be carried out, which the Customer must follow and then provide the Supplier with any information requested by the Supplier on the checklist, or otherwise.
6.8 In the case of Clause 6.7(2), the Supplier will then determine which parts of the Goods the Customer must return (or the Supplier may at its discretion arrange for their collection) to be repaired or replaced.
6.9 If the Supplier agrees to provide replacement Goods, the Customer must return all parts, accessories, packaging, instruction leaflets etc. that were sent with the original Goods (in an unaltered state).

6.10 If the Customer fails to comply with Clause 6.7(2), or should the Customer fail to comply with Clause 6.6, 6.8 or 6.9 and merely returns the Goods, or a part of the Goods (or does not return all parts of the Goods which the Supplier requests to be returned), which prove to be not faulty when the Supplier tests it - the Customer will be liable to pay the Supplier all its costs and expenses as a result. Such costs and expenses may include matters relating to, but shall not be limited to: collecting Goods from the Customer by courier or otherwise and/or sending replacement parts of, or whole Goods, to the Customer by whatever means.
6.11 All Goods should be returned to

Returns Department
21 Water Street
CH44 8AP.

7 Proper law of contract

Any contract between the parties which is subject to these Conditions is subject to the law of England and Wales and the English courts shall have exclusive jurisdiction to consider disputes regarding the same.

8 General

8.1 The Supplier may assign any contract which is subject to these Conditions and its rights pursuant to any such contract at any time. Subject to the rights of an assignee, a person who is not a party to any contract which is subject to these Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of any contract which is subject to these Conditions.
8.2 The Supplier will not be liable, in contract, tort (including, without limitation, negligence), for pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with these Conditions for: any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Conditions.
8.3 If any part of these Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Conditions.
8.4 The Customer, in agreeing to accept these Conditions, accepts that they have not relied on any representation, save insofar as the same has expressly been made a term of these Conditions and the Customer agrees that they shall have no remedy in respect of any representation.


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