1. ABOUT THESE TERMS

These are the terms and conditions of sale (the "Terms of Sale") which apply to your purchase of goods from Clearly Aquatics Shop Online in the UK, whether you buy through our website at www.clearlyaquatics.co.uk, over the phone or otherwise.

Clearly Aquatics Shop Online and the goods supplied through it are provided by Clearly Aquatics (referred to here as "we", "us" and "our"). When we refer to "you" and "your" we mean the user of Clearly Aquatics Shop Online and purchaser of goods.

As well as these Terms of Sale, other important legal terms are set out in our Returns policy. By agreeing to these Terms of Sale you also agree to the Returns Policy, all of which form part of a legally binding contract between us and you. You should read these Terms of Sale and the Returns Policy carefully before buying anything from Clearly Aquatics Shop Online.

We reserve the right to change the Terms of Sale and the Returns Policy at any time. Any changes to the Terms of Sale or the Returns Policy will be effective for all new orders placed after the change is published on the Clearly Aquatics Shop Online website. You should check the Terms of Sale and Returns Policy posted on the Clearly Aquatics Shop Online website before each order – they may have changed since your last visit.

If you have any questions about the Terms of Sale, the Returns Policy, the goods or Clearly Aquatics Shop Online please contact us.
 
2. INFORMATION ABOUT CLEARLY AQUATICS SHOP ONLINE AND THE GOODS

Information provided on the Clearly Aquatics Shop Online website
2.1. Separate Terms of Use apply to your use of the Clearly Aquatics Shop Online website. By using the website (even if you don't buy any goods) you also agree to be bound by the Terms of Use. In the event of a conflict between these Terms of Sale and the Terms of Use, these Terms of Sale will apply.

2.2. We try to make sure that all information on the Clearly Aquatics Shop Online website, including descriptions of our goods and listed prices, are accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Clearly Aquatics Shop Online website as soon as reasonably possible and if we think that such an error has affected your order we will try to let you know.

2.3. You should bear in mind that buying goods over the internet provides a different shopping experience from buying in-store. In particular you should be aware that:

• the colours of goods as shown on the website will depend on many factors – including your display settings;
• the sizes and shapes of the goods may differ in real life from how they appear on your screen. We provide dimensions and measurements in the descriptions of the goods and it is your responsibility to check that the actual size of each item is suitable for your purpose;
• pictures and images on the website are for illustration purposes only. For an accurate description of any item and details of what is included with the item, you need to read the corresponding written description;
• all goods are subject to availability and we may not be able to supply your order. We reserve the right to withdraw any goods from sale at any time, and our only liability to you for withdrawing any goods will be to refund to you any money paid to us in respect of those goods which we are no longer able to supply;
• we will do our best to deliver your goods in accordance with the delivery date set out in our final Delivery Advice email, but please note that all delivery dates given by Clearly Aquatics Shop Online (whether on the website, over the phone or by email) are estimates only and delivery dates may vary. Please see section 7 for more information about delivery;
• not all goods and promotions that are offered by Clearly Aquatics Shop Online will be available in-store, and vice versa. In principle, our online prices are the same as in our catalogue and in our stores. Occasionally, however, you may find a difference in price, for instance where there are different local store and online promotions. We reserve the right to adjust prices, goods and special offers at our discretion.

2.4. We will do our best to check the website for viruses but we do not warrant that the website is free of viruses or other malicious content. For your own benefit, you should make sure that you have appropriate software and systems in place to check for viruses and other malicious content on the internet.

Availability
2.5. We have the right at any time to modify or stop providing Clearly Aquatics Shop Online and to stop selling any or all goods through it, either temporarily or permanently and with or without notice. We shall not be liable to you for any modification, suspension or discontinuance of availability of Clearly Aquatics Shop Online.

Security
2.6. It is your responsibility to ensure that your login details, password and all other details in relation to your account remain confidential at all times. You agree to let us know as soon as possible if you know or reasonably suspect that the security of your account is at risk.

Eligibility to order goods
2.7. You may only purchase from Clearly Aquatics Shop Online if you are aged 18 years or over, and are a resident of the Ireland/United Kingdom. You will need an active email address and a telephone number at which you can be easily contacted.

3. PLACING YOUR ORDER
3.1. Your order constitutes an offer to purchase goods from us. Where you order more than one item your order comprises a series of offers for each item individually.

3.2. Our Order Acknowledgement and email set out the final details of your order which you have submitted to Clearly Aquatics Shop Online. Please take care when placing your order, as you will be unable to add to or amend your order after we send the Order Acknowledgement email.

3.3. The Order Acknowledgement contains details of the goods you have ordered, the total cost of the order including delivery, and an order number. The Order Acknowledgement email also constitutes the VAT receipt for your goods. You should print off a copy of the Order Acknowledgment email and a copy of these Terms of Sale and the Returns policy and keep them safe. You will need to refer to these details when contacting us about your order.

3.4. Please note that the Order Acknowledgement is simply an acknowledgement that your order has been received by Clearly Aquatics Shop Online; it does not indicate that we have accepted your order and does not form a binding contract.

4. ORDER ACCEPTANCE
4.1. Except as set out in paragraph 4.2 below, acceptance of your order will take place only when we despatch the goods to you. Until we despatch your goods no contract will have been formed between you and us.

4.2. Although we hope to be able to supply all goods ordered, we reserve the right, at our discretion and without the need to give reasons, not to accept any offer at any time before it has been accepted. Should we refuse your order we will notify you as soon as reasonably possible.

5. PAYMENT
5.1. You can pay for your goods by any of the methods specified on the website.

5.2. We will take payment from your card at the time you place your order. We will contact you if we have any problems taking payment from the card details you provide during the order process. Taking payment does not mean we have accepted your order and, in the event of us not accepting your order, a full refund will be given as soon as reasonably possible (and in any event within 30 days of us advising you that your order has not been accepted).

5.3. Unless otherwise stated, all prices shown at Clearly Aquatics Shop Online are inclusive of VAT and other applicable taxes. The prices shown do not include the delivery fee, which will be added to your total order price in accordance with paragraph 5.5 below.

5.4. Except where otherwise set out in these Terms of Sale, the price payable by you for the goods is the price given by Clearly Aquatics Shop Online at the time you place your order.

5.5. In most cases the delivery fee payable by you for your order will be that which is given by Clearly Aquatics Shop Online at the time you place your order. The delivery fee can be calculated according to your postcode, the weight, size, nature and value of your goods.  However, you agree that we may increase the delivery fee if your order requires multiple deliveries, or if the value of your order or quantity or size of the goods to be delivered is such that we reasonably consider that it is appropriate for us to recover (or partially recover) our additional expenses in delivering the goods to you. We will always notify you in advance of any change to the delivery fee, and if you do not wish to continue with your order and pay the amended delivery fee you may cancel your order and receive a full refund.
 
6. PRICING ERRORS
6.1. Whilst we try to ensure that all the prices on Clearly Aquatics Shop Online are accurate, errors may occur. If we discover an error in the price of the goods you have ordered we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order.

6.2. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you by email.

6.3. If you decide to cancel your order after we have informed you of a pricing error and you have already paid for the goods, we will give you a full refund as soon as reasonably possible (and in any event within thirty (30) days of cancellation).

7. DELIVERY
7.1. The Order Acknowledgement email will indicate an estimated delivery date for your goods.

7.2. You agree to check the Delivery Advice email and make sure that you will be available to accept delivery of the goods on the delivery date. If you will not be available please request a different delivery date as soon as possible and, in any event, no later than 48 hours before the planned delivery date. You can submit your request by contacting us, or you can speak to a member of staff by calling 02890 768880.

7.3. Delivery will take place at the delivery address specified by you during the order process, and will be subject to the following conditions:

7.3.1. the delivery address specified for delivery must be within United Kingdom or Ireland.

7.3.2. although we allow you to specify a different delivery address from your billing address, you are solely responsible for ensuring that we are able to make delivery to this address and that you are available to accept delivery at this address on the delivery date;

7.3.3. please check the measurements of the goods you are buying to make sure there is enough space at the delivery address for delivery to take place. This includes checking that there is suitable access to the delivery address;

7.3.4. if delivery cannot be made due to the nature of the premises, because there is insufficient access or for any reason that is not within our reasonable control (including your absence at the time of delivery), you agree to pay our reasonable additional fees for storage and redelivery, including an administration fee for re-arranging delivery. We will inform you of the cost of these fees as soon as reasonably practicable, and you will have the option of reconfirming your order including the additional fees, or cancelling your order. If you cancel your order we will refund the purchase price of the goods, but you agree that we may retain your original delivery fee in compensation for the time and expenses incurred for the failed delivery;

7.3.5. on delivery, the delivery document must be signed by you to confirm that the delivery has taken place. This will not affect your legal right to notify us at a later date if you subsequently find a defect in your goods. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery;

7.3.6. the delivery agents are not required to unpack or construct items as part of the delivery service;

7.3.7. once the goods have been delivered to you, you become the owner of those goods and from that point they will be at your risk. This means you will be liable for any subsequent damage, loss or destruction; and

7.3.8. if you are not personally available to accept delivery, you may appoint a representative to do so in your place. The representative must be an adult capable of receiving delivery on your behalf, and you agree that we will be entitled to rely on the representative's instructions as if they were your own.

7.4 Where delivery is being made by parcel courier, delivery will only be made to the point of entry of the delivery address.

7.5. on delivery you will be required to check the condition of the packaging and whether the correct numbers of packages have been delivered. If there is obvious damage or items are missing or incorrect, you should record this on the delivery document. Missing items will be re-ordered and damaged/incorrect items will be returned and, subject to these Terms of Sale, replaced and delivered free of charge. You must let us know about any damaged, missing and/or incorrect goods within a reasonable period of time after you have had an opportunity to inspect the goods.

7.8. Nothing in paragraphs 7 above affects your rights as a consumer. To find out more information contact your local Citizens Advice Bureau (www.citizensadvice.org.uk).
 
8. CANCELLING YOUR ORDER AND RETURNING GOODS
8.1. You may cancel your order for all goods at any time up until we accept your order in accordance with Section 4 of these Terms of Sale.

8.2. We also offer a 7 day returns period, allowing you to cancel your contract in respect of the goods for up to 7 days after they have been delivered. You can cancel all or part of the contract. You agree to take reasonable care of the goods and to return all unwanted goods to us. Please read our Returns Policy for more information about our 7 day return period, cancelling your order and returning the goods.

8.3. Due to Quarantine/Bio-Security restrictions we are unable to accept the return of any fish delivered to our customers, orders may be cancelled before delivery by following the procedures set out in the Returns Policy.
 
9. GENERAL TERMS RELATING TO OUR RELATIONSHIP WITH YOU

Our Liability
9.1. Our entire liability to you under these Terms of Sale and Returns Policy shall not exceed the price paid for the goods you have purchased through Clearly Aquatics Shop Online, provided that we take reasonable care when we deliver the goods to you.

9.2. We will not be liable to you for any loss of revenue, profits, anticipated savings, goodwill or business opportunity, for any injury to your reputation or for any losses that are not reasonably foreseeable by both of us at the time your order is accepted.

9.3. Despite the limitations in paragraphs 9.1 and 9.2 above, we do not in any way limit our liability to you for death, personal injury or fraud.

9.4 Where you buy as a consumer, these Terms of Sale and the Returns Policy will not affect your rights under law which cannot be otherwise excluded. For more information contact your local Citizens Advice Bureau (www.citizensadvice.org.uk).

Warranties

9.5 Details of your warranty rights will be provided alongside the item description on the Clearly Aquatics Shop Online website and with the goods on delivery. These warranties are in addition to and do not affect your legal rights as a consumer.

Events Beyond Our Reasonable Control
9.6. We will not be responsible for any delay or failure to comply with these Terms of Sale or the Returns Policy if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods.

Waiver
9.7. If you breach these Terms of Sale or the Returns Policy and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms of Sale or Returns Policy.

Invalidity
9.8. In the event that one or more of the terms set out in these Terms of Sale or in the Returns Policy is held to be invalid by a competent authority, the remaining terms shall continue to have effect and you will still be bound by them.

Privacy
9.9. Personal information, such as your contact details, that you provide to us during the order process will be kept and used by us in accordance with our Privacy Policy.

Governing Law
9.10. This agreement is governed by UK law. Each of us agrees to bring legal actions relating to these Terms of Sale and the Returns Policy only in a UK court.