Terms and Conditions
These terms and conditions govern your use of our website. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms. For your own records, feel free to print this terms & conditions page. (Please note, our terms and conditions are regularly checked and sometimes additions or edits are made)
1. Website access
1.1 It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible only if you have registered.
2. Use of website
2.1 This website may be used for your own private purposes and in accordance with these terms and conditions.
2.2 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.
3. Website uptime
3.1 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
3.2 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.
4. Visitor provided material
4.2 When using this website you shall not post or send to or from this website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
4.3 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.
5. Links to and from other websites
5.1 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.
5.2 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
5.3 By linking to this website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.
6.1 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.
6.2 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.
6.3 Whilst we try to ensure the website is up to date at all times, we cannot guarantee that order stock is correct at the time of order. We reserve the right to cancel the order if stock is incorrect or there issues with stock or availability at the time of your order cancellation. See section 9.10 for more information on this matter.
7. Exclusion of liability
7.1 We do not accept liability for any loss or damage that you suffer as a result of using this website.
7.2 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.
8.1 Your order will be processed and delivered without undue delay, no later than 30 days after your order has been placed.
8.2 Please allow for up to 7 working days for delivery following the dispatch of your order.
8.3 Free delivery over £60 is available for most items in our web store excluding the following: Larger items such as tanks and cabinets where pallet or two person would be required, live fish (live foods are eligible for free delivery) where special urgent delivery or single person would be required, larger sacks of aquarium gravel and larger sacks of reptile substrates, reptile starter kits, bird cages, bird cage stands, rabbit / guinea pig cages or hutches. There is also a 10KG maximum weight for free delivery (this is uncommon to reach without tanks / larger items on). Coins are not included within this free delivery deal due to the nature of the items being higher value requiring tracking and signed for service and a higher insurance than other items.
9. Cancellations, returns and refunds
9.1 All customers have the right to cancel their order under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations.
9.2 Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.
9.3 To meet the cancellation deadline, please notify us via email or phone about cancelling the order before the cancellation period has expired.
9.4 If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. You must send the goods back to us to our contact address at your own cost (unless we delivered the item to you in error or the item is damaged or defective) as soon as possible once you have cancelled the order.
9.5 We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.
9.6 Returns are made at the expense of the customer and will be delivered at your expense, this will not be refunded back to you, therefore any delivery costs to return the item, will be made at the expense of the customer.
9.7 Once you have notified us that you wish to cancel the order, any sum debited to us will be refunded to you as soon as possible and in any event within 14 days of your cancellation.
9.8 You will not have any right to cancel an order for the supply of any of the following goods:
(a) medicinal products or services that are either dispensed on prescription or are available free under an NHS arrangement.
(b) a contract for passenger transport services - such as bus, rail or flight tickets.
(c) the supply of goods or services where prices are dependent upon fluctuations in the financial markets, which are beyond the control of the retailer.
(d) the supply of goods that are made to the customer's specification or are clearly personalised.
(e) the supply of goods that are liable to deteriorate or expire rapidly - such as a delivery of fresh flowers or meat.
(f) the supply of newspapers, periodicals or magazines.
(g) the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance - for example, hotel bookings, courier services, car hire, restaurant bookings and theatre tickets for specific dates.
9.9 In addition you will lose your right to cancel if you:
(a) unseal goods that are not suitable for return if they are unsealed, due to health protection or hygiene reasons.
(b) unseal audio, video recordings or computer software that were sealed at the time of delivery.
(c) combine goods with other goods after delivery so that they become inseparable.
9.10 We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
9.11 We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
10. Law and jurisdiction
10.1 These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
11. Livestock Delivery
11.1 It is required that the customer is present for the livestock delivery and that person must be aged 18 or over. On delivery the live goods must be inspected and in the event of the goods being damaged or incorrect shall be stated when signing for the delivery. Otherwise the goods will be deemed to be accepted in good condition.
11.2 If the customer is not present for delivery, Aquamania Ltd cannot be held responsible for the condition of the livestock due to the time constraints incurred in redelivering the product.
(a) Delivery of livestock such as fish will not be available for free delivery over £50 due to the nature of the live animals and the need for urgent delivery and/or a member of staff delivering by hand.
12. Delay of Delivery
12.1 Rarely, there will be a delay or a delivery which may be due to adverse weather conditions, traffic delays etc. our customer service team can trace the parcel and estimate its arrival time, you will still need to be available for the delivery in the event of a delay.
12.2 As a responsible supplier, tropical fish deliveries will not be dispatched in temperatures of 0oC or under. In the event of this, the customer will be notified and a suitable rescheduled date for delivery arranged.
13. Livestock Condition
13.1 Aquamania Ltd will only dispatched livestock deemed fit and healthy. On receipt of live fish, it is usual for them to arrive looking lethargic due to the stress of the journey, they will recover after a day or two of acclimatisation.
13.2 Returns of healthy livestock cannot be accepted, it is the customers responsibility to research the livestock being bought in regard to compatibility with existing species. Aquamania Ltd will attempt to provide a constant size of stock, however due to seasonal conditions specimens may be larger or smaller than stated.
14. Loss of Livestock
14.1 In the rare occurrence of a fish loss it is the customers responsibility to inspect the livestock whilst still in the bags and notify Aquamania Ltd prior to acclimatising the livestock. Photographic evidence must be provided for dead on arrivals and this must be in an unopened bag. Any fish loss once acclimatised must be photographed on a plain white sheet and attached to a livestock delivery form through our webpage.
14.2 Aquamania Ltd is not responsible for the loss of any tankmates as it is the customers responsibility to research compatibility.
14.3 It is the customers responsibility to ensure that the water conditions are applicable to the livestock purchase. These include a disease-free environment, correct temperature and water parameters i.e. pH level, ammonia, nitrite and nitrate levels. Salinity levels must be considered with brackish species.
14.4 If the water conditions are not appropriate Aquamania Ltd will not be liable to guarantee any losses.
15. Fish Compatibility
15.1 Aquamania Ltd will make every effort to inform the customer of the conditions required by individual fish including the temperature of the fish. However, individual specimens of a species can have different temperaments, this can also be dependant on the sex of the fish.
15.2 The information is a guideline and Aquamania Ltd will not be held responsible for incorrect species being added to a system.
15.3 We recommend to quarantine new arrivals.
16. Livestock Orders
16.1 Due to the large costs of packaging livestock minimum order will exclude any dry goods.