Terms & Conditions
This website is owned and operated by Simple Pond
- Formation of a Contract
- The contract will be on these conditions to the
exclusion of all other terms and conditions (including
any terms or conditions which the Buyer purports to
apply under any purchase order, confirmation of order,
specification or other document).
- Each order for Goods made by the Buyer from the
Seller shall be on an  and shall be deemed to be
an offer by the Buyer to purchase Goods subject to
- No addition, alteration, substitution or waiver
of these terms and conditions will be valid unless
expressly accepted in writing by the Seller or a person
authorised to sign on the Seller’s behalf.
- Due to the nature of the product, purchase of Goods
can only be made by an adult (Any
person over 18 years of age).
- Price and Payment
- The price of the goods, [including delivery] shall
be the price set out on the website at the time of
ordering and payment.
- The Seller reserves the right to cancel any orders
due to non-payment or errors caused by computer software.
- The Seller reserves the right to increase our prices
to reflect any increases in our costs.
- Prices and any delivery costs will be as stated
and will include value added tax at 20%.
- All drawings, descriptive matter, specifications
and advertising issued by the Seller and any descriptions
or illustrations contained in the Seller’s catalogues
or brochures are issued or published for the sole
purpose of giving an approximate idea of the Goods
described in them. They will not form part of this
- Once the seller has dispatched the fish it is the
customers’ responsibility to make sure they
are in to receive the fish. Please only place an order
if you will be home on the given day to sign for the
- We cannot be held liable if you are not in on the
day to receive the fish. If you are not there when
the driver calls they will be taken to the local depot
where you will need to arrange to collect them. This
will cancel any guarantee on the fish as it’s
health has now been compromised.
- An adult (Any person over 18 years
of age) must be in to sign for the delivery.
- We will only ship out fish we feel are healthy and
will not send the fish if we feel they are not strong
enough for delivery.
- Upon arrival please note some fish can appear unwell
and be lying down. This is a usual reaction to stress
and once acclimatised should recover.
- The Seller will deliver the Goods ordered by the
Buyer to the address for delivery specified in the
- Delivery will be made as soon as possible after
the Buyer’s order is accepted.
- Any dates specified by the Seller for delivery of
the Goods are intended to be an estimate, and time
of delivery shall not be made of the essence by notice.
If no dates are so specified, delivery shall be within
a reasonable time.
- In the case of a Contract involving more than one
delivery, each delivery shall constitute a separate
contract and any failure or defect in any one delivery
shall not affect the contract as to the remaining
deliveries and shall give the Buyer no right to repudiate
- Risk and title
- The Goods are at the risk of the Buyer from the
time of delivery.
- Ownership of the Goods shall not pass to the Buyer
until the Seller has received in full (in cash or
cleared funds) all sums due to it in respect of the
- The Seller warrants that we have good title to
the Goods and will transfer such title as we have
in the Goods to the Buyer.
- If the Goods delivered are damaged or defective
or the delivery is of an incorrect quantity, the Seller
shall have no liability to the Buyer unless the Buyer
notifies the Seller in writing of the problem within
3 working days of the delivery of the Goods.
- If the Buyer is not in on the arranged day to receive
the fish then the seller has no liability towards
the health of the fish as the fish’s health
has been compromised therefore this will automatically
cancel the guarantee/warranty.
- If the Buyer notifies a problem within 6.1 to the
Seller, the Seller’s sole and exclusive obligation
will be, at the Buyer’s option:
- to make good any shortage or non-delivery; or
- to replace any Goods that are damaged; or
- to refund to the Buyer the amount paid by the
Buyer for the Goods in whatever way the Seller
- Save as precluded by law, the Seller will not be
liable to the Buyer for any indirect or consequential
loss, damage or expenses (including loss of profits,
business or goodwill) howsoever arising under or in
connection with the Contract and the Seller shall
have no liability to pay any money to the Buyer by
way of compensation other than to refund to the Buyer
the amount paid by the Buyer for the Goods.
- The Seller will modify or replace free of charge,
or at its option, credit all the contract rate or
proportion thereof if any of the Goods are found to
be defective to a significant degree in respect of
any of the specification agreed between the Buyer
and the Seller, provided that the Seller is notified
within three days in respect of such
defect and the defective Goods are made available
for inspection and collection by the Seller.
- The forgoing warranty is in lieu of and replaces
all other representations or undertakings, express
or implied by statute, common law or otherwise as
to the state, quality, yield, performance, fitness
of the Goods for any particular purpose of their correspondence
with description of sample, all of which are hereby
expressly excluded. The total liability of the Seller
in any claim will be limited to the invoiced value
of the defective Goods and shall not extend to any
form of consequential loss or damage except to the
extent that such liability would be unlawful.
- If any of these Conditions (or part of any of these
Conditions) is unenforceable (including any provision
in which the Seller excludes its liability to the
Buyer) the enforceability of the remaining Conditions
(or remaining part of any Condition) will not be affected.
- Simple Pond Solutions do not have access to your
payment details, these are sent directly to our payment
provider and are therefore not stored by us. The
Seller does not sell or pass on any of your personal
details to any other third party.
- If the Buyer needs to cancel an order please call
us as soon as possible before dispatch day. The Seller
cannot be held responsible once they have left our
- This cancellation policy does not affect the Buyer’s
legal rights, for example, if goods are faulty or
- The Buyer does not have to give any reason for
cancellation. However, a brief explanation will help
the Seller to improve the service we offer to customers
in the future.
- The Seller is unable to accept any returns on livestock.
So please make sure you order the correct fish and
have checked their requirements and compatibility
with your existing stock. The Seller does offer guarantees
on our fish but only if they are signed for on the
first attempt to deliver them. The Seller must have
photographic evidence of any fish you have lost during
our guarantee period and we will send a credit code
for you to use on your next order. We do not refund
- These terms and conditions shall be construed in
accordance with the laws of England and shall be subject
to the exclusive jurisdiction of the English Courts.