Terms And Conditions
Updated August 2018 Thank you for taking the time to review our terms and conditions. This website and its content is maintained and operated by Real Aquatics Limited (The Company/our/we/us). As the user (you/your) of this website you acknowledge that any interaction or transaction you partake in will constitute acceptance of our terms outlined below. Any changes made to our terms and conditions will be duly notified. We reserve the right to amend our terms and conditions at any time.
Real Aquatics Limited, registered in England, Company Number 09394247, VAT Number 204157445.
We can be contacted at the following addresses:
Real Aquatics Ltd Head Office
55 North Street
Thame, Oxfordshire OX9 3BH
Real Aquatics Store
Stone, Buckinghamshire HP17 8RZ
Enquiries: 01844 216 555
1. Conditions of Usage
1.1 As the user of this website you acknowledge that any interaction or transaction you partake in will constitute acceptance of our terms outlined below. Any changes made to our terms and conditions will be duly notified.
1.2 These terms and conditions, plus any warranties or guarantees offered, are strictly between Real Aquatics Ltd and you, the end-user consumer, and are not transferable unless agreed in writing by us.
1.3 No terms shall be waived, implied or otherwise, unless confirmed in writing by us. Each numbered paragraph constitutes a condition, should any paragraph or clause be deemed unlawful by a relevant court or authority, the remaining paragraphs shall remain applicable.
1.4 Our terms and conditions comply with Consumer Protection (Distance Selling) Regulations (2000), the Sales of Goods Act (1979) and Trading Standards law. These terms and conditions are tailored to offer fair and proper protection to both consumer and retailer.
1.5 We reserve the right to amend our terms and conditions at any time.
2. Data Protection
2.1 All data processed by us through your usage of this website will be held and dealt with in accordance with the Data Protection Act (1998) We will not share your Personally Identifiable Information with other parties or affiliate except as required via secure linked payment processing gateways.
2.2 All accounts are provided on the agreement that they are solely subject to usage by the account holder (you) only. Under no circumstances must you allow anyone else access your account facility.
2.3 You have a duty to ensure that any information provided by you is accurate and complete.
2.4 All passwords entered by you are exclusive to your account and must be treated as strictly confidential. We do not have access to passwords. Password and account facilities may be altered and withdrawn without notice at our discretion.
2.5 The Company will take all reasonable precautions to keep details you provide secure. We accept no liability for any damages or loss encountered as a result of unauthorised access to information provided by you, unless we are proven negligent.
2.6 We do not save nor store on file or retrieval system, any payment, credit or debit card information.
2.7 The Company has produced an Information Data Security policy in accordance to PCI DSS compliance.
2a. Release of Non-Personally Identifiable Information
We do not save nor store on file or retrieval system, any payment, credit or debit card information. The Company has produced an Information Data Security policy in accordance to PCI DSS compliance.
2a.1 All data processed by us through your usage of this website will be held and dealt with in accordance with the Data Protection Act (1998) and will not be shared with any third party or affiliate. You have a duty to ensure that any information provided by you is accurate and complete.
2a.2 All accounts are provided on the agreement that they are solely subject to usage by the account holder (you) only. Under no circumstances must you allow anyone else access your account facility.
2a.3 All passwords entered by you are exclusive to your account and must be treated as strictly confidential. We do not have access to passwords. Password and account facilities may be altered and withdrawn without notice at our discretion.
2a.4 The Company will take all reasonable precautions to keep details you provide secure. We accept no liability for any damages or loss encountered as a result of unauthorised access to information provided by you, unless we are proven negligent.
2b. User Choices on Collection and Use of Information
2b.1 As discussed above, you can always choose not to provide information, although it may be required to engage in a certain activity on the Website.
3. Value Added Tax (VAT)
3.1 Value Added Tax will be applied to all applicable website purchases at the current rate of 20%.
3.2 All prices include VAT unless otherwise stated.
4. Order Acceptance
4.1 By purchasing an item through our website you acknowledge and accept our terms and conditions. Placing an order can be initiated by clicking ‘add to basket’ on individual product pages.
4.2 Your contract with us starts once we have accepted andf despatched your order. After reviewing your checkout basket and confirming your purchase, your order remains subject to acceptance by us. We reserve the right to cancel and refund your order without notice. Our acceptance of your order will occur upon despatch of your purchase from our business outlets.
4.3 Confirmation of your website order and notification of despatch will be sent to the email address associated with your account.
5. Delivery Timescales
5.1 Delivery times are not guaranteed. We make every effort to deliver your item within the specified time or within a reasonable time from the date of your order. We accept no liability for delays due to weather or other circumstances or events beyond our control.
5.2 Our warehouse opening hours are Monday to Friday 9am-5pm (GMT) No items will be packed or shipped outside of these times.
5.3 All items unless otherwise arranged shall be delivered on working days only. Working days are defined as Monday to Friday, between the hours of 9am to 5pm. Working days exclude bank holidays, seasonal breaks and public holidays. An additional charge applies for Saturday delivery and is available upon request, please contact us for details. No deliveries will take place on a Sunday unless expressly arranged.
5.4 Our daily despatch cut-off is 1pm GMT. Orders placed after this time will be processed the following working day.
6. Parcel Delivery Guidelines
Please refer to our Delivery page for a full breakdown of offered mail and courier services and fees, plus a detailed list of countries we ship to.
6.1 For consumer protection purposes, we will only ship to the specified delivery address entered upon checkout. We will not amend delivery addresses after purchase has been made.
6.2 You must ensure provision of the correct address details prior to despatch, failure to do so may result in items being returned to us. We reserve the right to apply a re-delivery fee in the event.
6.3 All UK mainland website orders sent using a standard delivery service applied to that items cost will be sent FREE of charge. Please see our delivery information page for further details.
6.4. Deliveries to extended areas, typically Scottish Highlands, Scottish Isles, Channel Islands, Isle of Man, Isle of Wight and Northern Ireland will be subject to a delivery surcharge. A list of extended area postcodes can be found via our delivery information page.
6.5 All international orders are subject to a postage charge and will be despatched using Royal Mail Air Mail or a similar courier service.
6.6 Overseas orders usually arrive within 2-3 working days, however please allow up to 14 days for delivery. Worldwide delivery charges will be specified for all areas serviced upon checkout prior to despatch.
6.7 All tracked orders are monitored independently by delivery service providers. We insist that all tracked items are delivered upon signature, and give no prior approval to couriers and service providers to leave parcels in safe places or deliver to alternate addresses. Please ensure you are available to accept delivery.
6.8 Please do not sign "unchecked" for deliveries. Signing ‘unchecked’ does not alter any delivery terms or provide additional consumer protection outside of standard rights.
6.9 Tracking information will only be provided on request. Parcels will only be deemed lost if we do not have valid proof of delivery tracking information or they fail to arrive within 30 days of despatch.
6.10 All claims for damages or order shortages must be notified within one working day of receipt. We pledge that all items are despatched in the condition specified in the listing and our dedicated handling staff will attempt to pack them suitably in all cases.
7. Pallet Delivery Guidelines
Bulky orders, including fish tanks, chillers and other large of heavy products will be despatched using a third party pallet network delivery service.
The Pallet Despatch icon will be displayed on each applicable product page.
7.1 Delivery drivers and staff are not obliged nor insured to assist any further than placing deliveries onto the kerbside adjacent to your premises. Any assistance offered will be entirely at the risk and discretion of the delivery team.
7.2 You must ensure that you are able to accept kerbside delivery of pallets and have the capability to handle heavy items into your premises. We accept no responsibility for mis-delivery due to inability to accept delivery, nor liability for re-delivery fees incurred.
7.3 We reserve the right to pass-on any additional delivery fees incurred as a result of failure to adhere to the terms outlined in paragraph (7.2).
7.4 Delivery drivers and staff are not trained to handle or set-up products and should not under any circumstances assist, or be asked to assist, with the assembling, programming or usage of any item provided.
8.1 The price you pay is the price displayed on this website at the time we receive your order.
8.2 In the unlikely event that we cannot supply goods for whatever reason, you will be informed of this as soon as possible and a full refund will apply if you have already paid for the goods.
8.3 Terms and conditions for payments made by “Paypal” can be found at their website. Real Aquatics Limited is not responsible for the content of external websites however linked.
8.4 All credit/debit card transactions are accepted at our discretion and accepted under strict confidentiality.
8.5 All transactions may be subject to checks by a registered Credit Reference Agency prior to acceptance. Any checks will only be done to confirm your identity and will not affect your credit rating under any circumstances. All information provided by you will be treated in accordance with the Data Protection Act 1998.
8.6 We take full payment using your selected payment method at time of sale. We do not under any circumstances accept part-payments and are under no obligations to reserve stock for any period due to failed payment.
8.7 All prices are quoted in GBP £ Pound Sterling and include VAT where applicable unless stated otherwise. VAT receipts are available separately upon request and the provision subject to reasonable processing times.
9. Cancelling Orders
9.1 If you fail to notify us of your intention to cancel an order prior to despatch, we reserve the right to recover applicable postage costs incurred.
9.2 We will not cover return postage fees in the event that you fail to provide sufficient notice of your intention to cancel an order prior to being notified of despatch.
9.3 Notice of your intent to cancel an order must be declared in writing to us via mail or email.
9.4 If we incur any costs due to a cancelled order being rejected at point of delivery, we reserve the right to pass these on to you as per papragraph (9.2).
10. Return Policy
You have the right to return any item, please ensure prior to purchase that the item you have selected is suitable for your needs. All returns will be subject to our scrutiny prior to refund or exchanges being made.
10.1 We request that we are informed of your intention to return items prior to return. We will subsequently provide you with a return address and allocate a returns reference number. Failure to do this will affect our ability to process your return.
10.2 We request that a covering note outlining original order details and proof of purchase be included with all returned items. Failure to do so may affect processing times.
10.3 If an item is being returned as faulty or mis-described, we request that a note outlining the fault or mis-description be included with the returned item. Failure to do so may affect processing times.
10.4 All returns must be packaged adequately for posting. We reserve the right to refuse to process items that are damaged in transit back to us. All products received damaged in transit will be returned to you, and will be the responsibility of your delivery provider to compensate.
10.5 All returns must be packaged safely for handling by our staff. We reserve the right to refuse to process items that are deemed dangerous or hazardous to handle. This includes items that are unclean, wet, or dangerous (i.e. broken glass). All returned products received deemed hazardous or unsafe to process will be returned to you.
10.6 Unwanted items (only) must be returned within 14 days of accepted delivery in the exact condition in which they were despatched. Items returned showing signs of usage will be subject to scrutiny before any form of refund is initiated.
10.7 We reserve the right to reduce refunded amount to reflect any reduction in value due to unacceptable handling or use.
10.8 We reserve the right to return to you any unwanted item found not to be in good order as supplied, and recover our costs for delivery.
10.9 All return postage costs for unwanted items must be covered by you. We do not accept liability for postage costs incurred by you for returning unwanted products.
10.10 If a product is deemed to be faulty or mis-described, we will refund the original purchase price plus reasonable postage and packing costs.
10.11 If products cannot be returned by mail or overnight courier, we require that you contact us before attempting to return items outside of traditional postage methods.
10.12 Any return item postage and packing fees likely to be incurred above those deemed reasonable (i.e. within our original costs for delivery the parcel to you) must be notified to us in writing prior to despatch. We reserve the right to refuse to refund return postage costs deemed overly excessive in comparision to our original postage costs.
10.13 Proof of receipt is required in all circumstances in relation to returned item disputes. It is your responsibility to ensure that a) you obtain proof of delivery for each individually returned item b) you package the items securely c) all return postal fees are paid. Failure to do so may result in our inability to process your return.
10.14 Refunds for returned items will be made to the original payment method or source used for purchase unless agreed otherwise by us in writing.
11. Trade Descriptions, Liability
11.1 Every care has been taken to describe and display our products accurately. Variations may occur in both design and specification as the manufacturers upgrade, improve or re-issue their products. We accept no responsibility for minor changes in design subject to these conditions.
11.2 All sizes, dimensions and measurements are approximate and are given as accurately as possible.
11.3 English law applies to all transactions. Your statutory rights are not affected by these terms and conditions.
11.4 All completed purchases are deemed as acceptance of these terms and conditions in full.
11.5 No employee of Real Aquatics Limited is authorised to waive, alter or re-determine our terms and conditions in any way.
12. Intellectual Property, Trademark and Copyright
12.1 In relation to intellectual property you acknowledge and agree that all copyrights, trademarks and all other intellectual property rights in all materials, products and content made available to you as part of our website shall remain at all times vested in us, our suppliers and our licensors.
12.2 You are not permitted to copy, use or share any of this material whatsoever unless expressly authorised or permitted in writing by us.
12.3 Any authorised items or images obtained from our website may be used for non-commercial use only. Any other usage of such by you is strictly prohibited and you have no permission whatsoever to pass-on any of our images, material, content or other such intellectual property to any third-party for whatever use under any circumstances.
12.4 All breaches of our Intellectual Property terms will be subject to prosecution where applicable.
13. Proper Use
13.1 All products are supplied and intended for domestic use only.
13.2 All products supplied are designed and intended for use in ponds and aquarium fish tanks only. They are not intended, designed or supplied for use filtering human or any other form of domestic or commercial waste product, doing so will void all warranty coverage without exception.
13.3 Failure to abide by the proper use terms and conditions outlined here may result in breach of contract.
13.4 Retail purchases made through our website constituting Goods and/or Services are on provision that they are purchased by the end-user for domestic and private use.
13.5 You, the end-user Customer agree not to use the Goods and/or Services for any commercial, business or re-sale purpose.
13.6 We shall have no liability to the Customer for any loss of profit, loss of business, business interruption, loss of business opportunity or any form of related consequential commercial loss.
14. Faulty Items, Damages or Loss
14.1 You agree to follow all provided instructions prior to assembly of any item supplied by us to you. Failure to do so may result in voiding of warranty.
14.2 Please consult with us prior to returning any faulty item to enable us to attempt to assist before items are returned.
14.3 Items returned for repair are subject to variable processing times.
14.4 Any item found to have no fault when tested will be liable for a re-delivery cost.
14.5 Items subject to irreparable operating faults will (dependent on circumstances) be replaced by an identical or simlar product if warranty is applicable.
14.6 Aquariums with suspected faults or leaks will need to be collected by our pallet company for inspection and repair at our premises. No call-outs or home visits will be made.
14.7 All palletised collections, including aquarium fish tanks, are curb side collections only. It is your responsibility to safely bring the item to the curb side. Drivers are not obliged or insured to assist with the handling or the disassembly of palletised units. It is advised that sufficient preparation is made to handle larger bulky items prior to collection.
14.8 No provisions will be made or lent, nor replacement products sent while products are being repaired unless prior agreed. It is your responsibility to make provisions (i.e. keep spares) for the care and wellbeing of livestock.
14.9 We accept no liability for the welfare or wellbeing of livestock in proximity to any product offered for sale on this site.
14.10 Any and all claims in relation to branded items offered for sale on this website will be redirected to the manufacturer of said items in all cases.
14.11 Real Aquatics accepts no responsibility or liability beyond the statutory responsibilities of a retailing merchant in relation to damages claims directed towards branded products offered for sale on this website.
15.1 All items are subject to a free 12-month warranty unless stated.
15.2 Any warranty offered will cover faulty parts and mechanical operations only.
15.3 Any warranty offered will not cover accidental damage or general wear and tear.
15.4 All faulty items covered by warranty and subject to a repair will be processed on a return and repair basis.
15.5 No provisions will be made or lent, nor replacement products sent while products are being repaired unless prior agreed.
16. Limitation of Liability
16.1 Nothing in these Conditions shall limit or exclude the Company's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by the Supply of Goods and Services Act 1982;
(d) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(e) defective products under the Consumer Protection Act 1987.
16.2 Subject to clause above the Company shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract.
16.3 Subject to clause above the Company's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Contract.
16.4 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. This clause (16.4) shall survive termination of the Contract.