Terms and Conditions

This Agreement was last modified on 18 February 2016.

Liability

  1. WE DO NOT GIVE ANY WARRANTY AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE INFORMATION AND MATERIAL PUBLISHED ON THE WEB SITE AND EXPRESSLY DISCLAIM (TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW) ALL LIABILITY FOR ANY DAMAGE OR LOSS RESULTING FROM YOUR USE OF OR RELIANCE ON THE INFORMATION AND MATERIAL PUBLISHED ON THE WEB SITE.

  2. We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our Web Site or its contents, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause whether on the part of us or our servants, agents or other person.

  3. If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Service and Products in any year, in the year of claim.

  4. We accept liability for death or personal injury caused by negligence or responsibility for fraudulent misrepresentation that cannot, under English law, be excluded.

  5. We give no warranties of any kind concerning the Web Site or the material to the fullest extent permissible by law. In particular, we do not warrant that the Web Site or any of its content is virus free. You must take your precautions in this respect as we accept no responsibility for any infection by virus or other communication or by anything that has destructive properties
  6. We will do our best to ensure that all materials and information published on our Web Site are accurate, but please note that all materials and information on our Web Site are provided on an “as is” basis.

  7. The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by the applicable law.

  8. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Web Site.

Availability of our Website

  1. We will try to make our Web Site available but cannot guarantee that our Web Site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Web Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.

Applicability of on-line materials

  1. We have used our best endeavours to ensure that our Web Site complies with UK law. However, we make no representations that the materials on our Web Site are appropriate or available for use in locations outside the United Kingdom.
  2. We make no warranties, expressed or implied, that making the Products or Services available in any jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products or Services are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Services and Products.

Use of material appearing on the Web Site

  1. For the purpose of this Agreement, “material” means any material published on the Web Site including, without limitation, all text, images and graphics of any nature whatsoever, regardless of whether the copyright and/or database right or any other intellectual property rights in the material vest in us, our licensors or third parties.
  2. You may download and print extracts from the material and make copies of these for your own personal use only. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner so as to create a database in electronic or paper form comprising all or part of the material appearing on the Web Site.

  3. You must not reproduce any part of the Web Site or the material or transmit it to or store it in any other Web Site or disseminate any part of the material in any other form, unless we have indicated that you may do so.

  4. We may be prepared to allow you to distribute or reproduce other parts of mf-aquatics.co.uk, mfaquatics.co.uk, mfaquatics.co.uk or the material, in certain other circumstances. Please email [email protected] if you wish to for permission to do so.

Prices, payment and delivery

  1. Details of the Fees for the Services and the Products and the procedures for payment and delivery for the Services are displayed on our Web Site.
  2. Any times or dates stated on our Web Site for delivery of the Products are estimates only. We will make all reasonable effort to deliver the Products within the time specified, but we do not accept liability for any failure to deliver within that time.
  3.  You undertake that all details you provide to us for the purpose of purchasing the Products or Services which may be offered by us on our Web Site will be correct, that the credit or debit card, or other method of payment, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Fees. We reserve the right to obtain validation of your credit or debit card details or by other means if you use an alternative method of payment before providing you with any Products or Services.
  4. No Credit/Debit card information is held on any MF Aquatics LTD servers or by our IT providers. All Credit/Debit card information is managed securely by our payment service providers (Stripe/PayPal).
  5. Price Match guarantee applies to exact products against legitimate businesses. We cannot match where a business is closing down, liquidating stock, selling ‘as new’ second hand items or offering the item as in a sale. For the price match guarantee to apply we must be able to verify the cost of the item though websites or written quotes from the retailer.
  6.  The following applies to all courier fish deliveries:
  • We will only use a Courier licensed to carry live fish.
  • You must select on of the available delivery days for live fish. If this is not available at checkout we will contact you to arrange a suitable day.
  • We cannot undertake any special instruction eg, ‘Leave with Neighbour’, or ‘Please call 30 minutes ahead’. This service is not offered or included in costs. 
  • In the unlikely event you do receive any fish that are deceased, please deal with any live fish as a priority.
  • Please photograph the dead fish in one picture together and contact us. Do not dispose of the fish until we have agreed a refund.
  • Photograph the box, bag and packaging. If possible, do not sign for damaged goods until you have contacted us first.
  • By agreeing to our terms at checkout you acknowledge the conditions of shipping in full set out on this page and on our delivery information page available here.

7. The following applies to dry stock deliveries:

  • Where DX are providing a next day signature service the customer is to open and inspect the package upon arrival with the DX driver being present
  • If, upon inspection, the goods are damaged, the customer must refuse delivery and hand the package back to the driver stating ‘not accepted as damaged’
  • Goods will then be returned to MF Aquatics LTD where we will arrange a replacement
  • We are unable to accept claims for ‘compensation’ where goods arrive damaged and replacements result in a delay in supply of goods ordered. 
  • We will be unable to accept claims for damaged goods where the above process has not been completed. 
  • Goods that develop a fault, or are faulty upon delivery, please contact us for returns process. 

 

Gift Certificates

  1. All gift certificates are valid from the date of issue until 12 months after.
  2. No refund is available for gift certificates that have not been claimed
  3. Claiming the value of the gift certificate is via unique code on the certificate applied at checkout on the website for live fish, dry products, gifts, fish medication, services and fish food (www.mf-aquatics.co.uk). Gift certificates are not redeemable against any shipping costs.
  4. MF Aquatics LTD are not responsible for loss, damage or theft of gift certificates.
  5. MF Aquatics LTD are not responsible for unauthorised use of gift certificates.
  6. The gift certificate is non transferable, non refundable cannot be exchanged for cash.
  7. The gift certificate cannot be used in part, it must be used in full and no refund or credit is available for the balance.
  8. Live fish purchased using a gift certificate fall under the standard terms and conditions, with the exception that any claims will be administered in the form of future credit.

Access to other websites

  1. You may be able to access other sites via links from the Web Site. These sites are not under our control and we are not responsible in any way for any of their contents. We make no representations whatsoever about any other web sites that you may access through the Web Site or which may link to our Web Site. Any concerns regarding any external link should be directed to its web site administrator or web master.

Data protection

The following applies to any information you provide to us, for example during any registration or ordering or confirmation of details process:

  1. You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the Services which are available through our Web Site by us or our sub-contractors. Unless you have indicated on the registration form that you do not wish to receive direct marketing material, your personal details will be included on a database compiled for direct marketing purposes. From time to time you may receive direct marketing information, either from us or from third parties. All such information collected by us shall be referred to in these Terms and Conditions as “Personal Information”.

    2. You must ensure that the Personal Information you provide is accurate and complete and that all ordering or contact details contain your correct name, e-mail address and other requested details. For more information about how we deal with your Personal Information, please read our Privacy Statement.

  2. You acknowledge and agree to be bound by the terms of our Privacy Statement which can be found here.

  3. By accepting the Agreement, you agree to the processing and disclosure of the Personal Information for the provision of the Services and supply of the Products.

  4. If you would like to review or modify any part of your Personal Information or you have not indicated that you do not wish to receive direct marketing material, but change your mind about this you should notify us at [email protected]. As soon after this as is reasonably practicable, we will remove your name from the direct marketing database.

Variations

  1. Any changes to the Terms and Conditions will be made available via the Web Site at least 7 days in advance of the changes taking effect and you will be deemed to have agreed to the terms and conditions by accessing the Web Site following the changes taking effect.

Force Majure

  1. You acknowledge that your use of, or access to, the Web Site may be subject to interruption or delay. We do not give you any warranty that the Web Site or the Services offered through it will be error free, without interruption or delay, or free from defects in design or engineering.

Invalidity

  1. If any part of the Agreement is declared invalid or unenforceable by any court or authority of competent jurisdiction (including any provision in which we exclude our liability to you) all other provisions will remain in full force and effect and will not in any way be impaired and the parties will agree a replacement provision which is as close as is legally permissible to the provision found invalid, or unenforceable.

Third Party Rights

  1. Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

Governing law and Jurisdiction

  1. The Agreement between us shall be governed by and interpreted in accordance with English law notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Agreement and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
  2. We make no warranty or guarantee that the Web Site or information available over it complies with laws other than those of England.

Entire Agreement

  1. This Agreement, together with our current Web Site prices, delivery details and contact details sets out the whole of our agreement relating to the supply of the Services and the Products to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Services or Products offered for sale by us.
  2. The Agreement supersedes all prior agreements, negotiations and discussions between the parties relating to the subject matter of this Agreement and you acknowledge that you have not entered into this Agreement in reliance on any statement or representation except in so far as the representation has been incorporated into this Agreement. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

General

  1. Any formal legal notices should be sent to us addressed to The Managing Director at the address shown on the Privacy Statement.
  2. We may assign, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time. You may not assign or transfer your rights under this Agreement.

  3. Failure by us to enforce a right does not result in a waiver of such right.

  4. We reserve the right to bar users from the Web Site, on a permanent or temporary basis at our discretion. Any such user shall be notified and must not then attempt to use the Web Site under any other name or through any other user.

Contact Us

If you have any questions about this Agreement, please contact us filling this contact form