Terms & Conditions

This website is owned and operated by Simple Pond Solutions

Formation of a Contract
1. 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).
2. 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 these Conditions.
3. 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.
4. 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
1. The price of the goods, [including delivery] shall be the price set out on the website at the time of ordering and payment.
2. The Seller reserves the right to cancel any orders due to non-payment or errors caused by computer software.
3. The Seller reserves the right to increase our prices to reflect any increases in our costs.
4. Prices and any delivery costs will be as stated and will include value added tax at 20%.
Description
1. 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 Contract.
Delivery
1. 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 delivery.
2. 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.
3. An adult (Any person over 18 years of age) must be in to sign for the delivery.
4. 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.
5. 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.
6. The Seller will deliver the Goods ordered by the Buyer to the address for delivery specified in the Order.
7. Delivery will be made as soon as possible after the Buyer’s order is accepted.
8. 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.
9. 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 the contract.
Risk and title
1. The Goods are at the risk of the Buyer from the time of delivery.
2. 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 Goods.
3. 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.
Liability
1. 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.
2. 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.
3. 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 chooses.
4. 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.
Warranties
1. 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.
2. 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.
Invalidity
1. 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.
Security
1. 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.
Cancellation
1. 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 property.
2. This cancellation policy does not affect the Buyer’s legal rights, for example, if goods are faulty or incorrectly described.
3. 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.
Returns
1. 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 postage.
Jurisdiction
1. 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.