Terms & Conditions

PLEASE READ ALL OF THE TERMS AND CONDITIONS

As we can accept your Order and make a legally enforceable agreement without further reference to you, you must read all these Terms and Conditions to make sure that they contain all that you want and nothing that you are unhappy with.

APPLICATION

1.    These terms and conditions will apply to the purchase of goods by you (the Consumer or you). (the Supplier or us or we).

2.    These are the terms by which we sell goods to you. By the Ordering of any Good you agree to abide by these Terms and Conditions. You can only purchase Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

INTERPRETATION

3.    Consumer means an individual acting for the purposes which are wholly or mainly outside his or her trade, business, craft, or profession.

4.    Contract means the legally binding agreement between you and us for the supply of Goods.

5.    Delivery Location means the address to which the goods will be delivered.

6.    Durable Medium means paper or email or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for the future reproduction of the information stored.

7.    Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order.

8.    Order means the Customer’s order for the Goods from the Supplier as submitted following the step-by-step process set out on the Website.

9.    Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website.

10. Website means our website www.5playaquatics.co.uk on which the Goods are advertised.

GOODS

11. The description of the Goods is as set out on the Website, catalogues, brochures, or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

13. All Goods which appear on the Website are subject to availability.

14. We can make changes to the Good which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

PERSONAL INFORMATION

15. We will retain and use all the information strictly under the Privacy Policy.

16. We may contact you by phone, email, or other electronic communication methods and by pre-paid post and you agree to this.

BASIS OF SALE

17. The description of the Goods on our Website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try and tell you the reason without delay.

18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

19. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Conformation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e., the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

20. Any quotation is valid for a maximum of 28 days from its date unless we expressly withdraw it at an earlier time.

21. No variation of the Contract, whether about the description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

22. We intend that these Terms and Conditions apply only if entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g., by giving you right as a business.

PRICE AND PAYMENT

23. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

24. Prices and charges include VAT at the rate applicable at the time of the Order.

25. You must pay by submitting your credit or debit card details with the Order and we take payment immediately or otherwise before delivery of the Goods.

DELIVERY

26. We will deliver the Goods to the Delivery Location by the time of within the agreed period or failing any agreement, without any undue delay and in any event not more than 30 days after the day on which the agreement is entered into.

27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end only if we have refused to deliver the Goods.

28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return your payments made under the Contract, minus any fees that may be applicable.

29. We do not generally deliver outside of mainland UK and additional fees may be required for areas that fall outside of the Zone One postal area. If the Delivery Location is outside of the Zone One postal area we will contact you to arrange either additional payment of the Postal Surcharge or cancellation of the Order.

30. You agree that we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the provisions and provided that you re not liable for extra charges.

31. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

32. The Goods will become your responsibility from the Completion of the delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

RISK AND TITLE

33. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

34. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you in which case you must return them.

WITHDRAWAL AND CANCELATION

35. You can cancel the Order at any time up until the Goods have left our premises, without incurring any liability.

36. If you wish to cancel the Order after the Goods have been dispatched, you must return the Goods to us at your own cost as set out in our Returns Policy.

PRIVACY

37. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regards to your personal information.

38. These Terms and Conditions should be read along side and in addition to our policies, including our Privacy Policy and Cookie Policy.

39. For the purposes of these Terms and Conditions:

a.    “Data Protection Law” means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.

b.    “GDPR” means the UK General Data Protection Regulation.

c.    “Data Control”, “Personal Data” and “Processing” shall have the same meaning as in the GDPR.

40. We are a Data Controller of the Personal Data we Process in providing Goods to you.

41. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

a.    Before or at the time of collecting Personal Data we will identify the purpose for which information is being collected.

b.    We will only Process Personal Data for the purposes identified;

c.    We will respect your rights in relation to your Personal Data.

d.    We will implement technical and organisational measures to ensure your Personal Data is secure.

42. For any enquiries or complaints regarding data privacy, you can email birdj5@hotmail.co.uk.

EXCLUDING LIABILITY

43. The Supplier does not exclude liability for: (i) any fraudulent act or omission, or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this the Supplier is not liable for (i) any loss which was not reasonably foreseeable at the time the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer- because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.  

GOVERNING LAW, JURISDICTION AND COMPLAINTS

44. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

45. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where customers live in Scotland or Northern Ireland.