Terms & Conditions
Welcome to the Fishpools’ website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website
1 BASIS OF SALE
1.1. These terms govern the sale of goods to the exclusion of any other terms and no variation to these terms shall be binding unless agreed in writing between the authorised representatives of Fishpools and the Customer.
1.2. The customer shall be responsible for determining that the goods sold accord with their requirements and are fit for the customer’s purpose. This includes the customer being fully responsible for ensuring that the purchase is capable of being delivered to the customer’s home safely and unencumbered, that access into their property allows such space that it will not damage the customer’s property or the product being delivered. Any related concerns must be raised by the customer at time of purchase with with reference to our access guides on our website or by calling our web sales team. The customer must check in full all significant details relating to their order, prior to signing for their acceptance. Should the customer fail to do this any subsequent errors or omissions shall be subject to correction without any liability on the part of Fishpools, subject to and in line with the Consumer Rights Act 2015 (CRA).
1.3. ONLINE SALES: When you place an order with us ONLINE by pressing the CONFIRM AND PAY button on the purchasing page, you are making an offer to purchase Product(s) from us. No contract exists between us at this point. The contract is only created when we send you an email confirming receipt of your order and our acceptance of it, and we have taken payment as detailed below.
1.4. No waiver by Fishpools of any breach of these terms by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
1.5. If any provision of these terms is held to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected thereby.
1.6. The quantity, quality and description of the goods shall be those set out in Fishpools’ literature and online, subject to any written variations which can be found in our buying guides online or through discussions in store or by calling our Web sales team prior to purchase.
1.7. Product guarantees relate only to the product and address as detailed on your original order.
1.8. Any rights of any person to enforce the terms of sale pursuant to the Contracts (rights of third parties) Act 1999 are excluded.
1.9. Alcoholic Items: Under the Licensing Act 2003 it is an offence to purchase or attempt to purchase alcoholic liquor if you are under the age of 18, or liqueur chocolates if you are under the age of 16. In accepting these Conditions you agree to Fishpools you are of correct age in accordance with the Licensing Act of 2003.
Knives: Under the Criminal Justice Act 1988 it is an offence to purchase or attempt to purchase knives or bladed items if you are under the age of 18. In accepting these Conditions you agree to Fishpools you are of correct age in accordance with the Criminal Justice Act 1988.
1.10. The contract is governed by and construed in accordance with English Law.
1.11. The registered company address of Fishpools Limited is 115 High Street, Waltham Cross, Hertfordshire EN8 7AL. The registered company number of Fishpools Limited is 302828.
2 PAYMENT & CANCELLATION
2.1. Subject to any special terms agreed in writing between the Customer and Fishpools the Customer shall pay the price of the goods either:-
(a) in full on placement of the order for items in stock and available for delivery; or
(b) a minimum deposit of 25 per cent of the total purchase price (50% for soft furnishings) upon placement of the order and the balance thereof prior to delivery; or
(c) by entering into a binding executed acceptable credit agreement upon placing the order with Fishpools.
2.2. The time for payment of the price shall be of the essence of the Contract.
2.3. If the Customer fails to make payment on the due date then without prejudice to any other right or remedy available to Fishpools, Fishpools shall be entitled to:-
2.3.1. Cancel the contract or suspend any further deliveries to the Customer.
2.3.2. Appropriate any payment made by the Customer to such of the goods (or the goods supplied under any other contract between the Customer and Fishpools) as Fishpools may think fit and
2.3.3. Charge the Customer interest on the amount unpaid at the rate of 3 per cent per annum above HSBC base rate until payment is made.
2.4. Refunds must use the same form of payment as that used for the original purchase.
2.5. ONLINE ORDERS: Prices and specifications are correct at the time of publication but may be subject to alteration. E & OE. All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the products & services ordered plus any delivery charges (as set out in the delivery section of the website).
2.6. ONLINE ORDERS: Payment can be made by any of the methods specified in the payment section of the Website and payment will be debited and cleared from your account when the order is created. You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason authorise payment to us, we will not be liable for any delay or non-delivery.
2.7. We reserve the right to cancel/not accept an order if:
2.7.1. We have insufficient stock to fulfil the order.
2.7.2. We do not deliver to your area.
2.7.3. One or more of the goods ordered was incorrectly described or priced on our Website.
2.7.4. The payment transaction is not authorised.
2.7.5. You do not provide us with your real name, payment details, including your card address, your delivery address if different from your card address, e-mail address and telephone number.
2.8. Interest Free Credit related transactions are subject to a minimum deposit of 25%, order values exceeding £500 and are subject to approval by Creation Finance who provides the credit. Creation Finance has their own terms and conditions which also apply.
3 DELIVERY, STORAGE & RETURNS
3.1. Any date for delivery of the goods is approximate only and Fishpools shall not be liable for any delay in delivery of the goods caused by circumstances beyond our control. Time for delivery shall not be of the essence unless previously agreed by Fishpools in writing.
3.2. If the Customer fails to take delivery of the goods or delivery cannot be made due to factors beyond Fishpools’ control (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of Fishpools’ fault) then without prejudice to any other right or remedy available to Fishpools
3.2.1. Store the goods until delivery and charge the Customer for the reasonable associated costs (including transport and insurance) of storage.
3.2.2. Sell the goods at the best price readily obtainable and (after deducting all reasonable associated costs per 3.2.1) subject to receipt of payment in full of the price of the goods in cash or cleared funds, account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract.
3.3. Where goods have been specifically ordered at the Customer’s request and Fishpools have incurred expense in fulfilling the contractual obligations irrespective of the amount of these expenses the full contract price for the goods is payable.
3.4. Fishpools will only accept the cancellation of a customer’s order if written request of cancellation is received before Fishpools has committed to the purchase from the manufacturer. Fishpools cannot accept cancellation after this stage and the customer is obliged to make payment in full for the goods.
3.5. Prior to delivery or collection, payment of the balance will be taken and once the goods are deemed to have been delivered or collected, ownership and risk of damage to or loss of the goods shall pass to the customer.
3.6. Notwithstanding delivery and the passing of risk in the goods or any other provision of these terms the legal and beneficial ownership of the goods which are the subject of each contract shall be retained by Fishpools until Fishpools have received in cash or cleared funds payment in full of the price of the goods in that contract.
3.7. Every effort will be made to ensure that the goods you have ordered arrive undamaged, complete and without defect. The goods must be examined in the presence of our delivery crew and if you find a defect you should note it immediately before on the delivery note before they leave, which will be passed to our customer service team who will contact you.
3.8. Short or non-delivery must be notified to Fishpools as a matter of urgency, in writing within 3 days of delivery. If the Customer fails to notify Fishpools within this period then the Customer shall be deemed to have accepted the invoiced consignment as full and undamaged.
3.9. Fishpools are not responsible for personal injury (unless caused by Fishpools negligence), damage to property or damage arising by reason of inadequate space, access or delivery instruction of any kind. Whilst Fishpools are responsible for delivery to a customer’s room of choice, the customer is responsible for clearing the route through the property in order to prevent potential damage.
3.10. Fishpools will store goods for a maximum of 4 weeks, subject to space availability. Such a time period will commence upon the date when the customer is notified that the goods are available for delivery. Thereafter the storage charges will be payable by the customer to Fishpools at a rate equivalent to commercial storage rates.
3.11. ONLINE ORDERS: If you decide to cancel your online Made to Order or Special Order product it is unlikely that we can sell it to another customer at the full selling price. We therefore reserve the right to charge a cancellation fee of 25% of the order value. In respect of these products our usual refund policy does not apply and products cannot be returned or exchanged unless faulty. For products purchased on line, you have the right to cancel orders that are NOT Made to Order or Special Order by notifying us in writing (including email) before delivery, or within 14 calendar days of receiving the goods. This excludes for hygiene reasons beds/mattresses and pillows which have been taken out of their original sealed packaging, made to order/special order items, any items which are not returned with their full original packaging and any items which have been used. Please follow the procedure relevant to the delivery method used to deliver your product.
3.11.1. Fishpools Delivery
If you cancel your order after the goods have been delivered and signed for in good order, you must not use the goods, you must take care of them and keep the original packaging where possible and make them available to us when we call to collect them on a date we will agree with you. If the product to be returned complies with our RETURNS POLICY*, we will refund to you all the monies paid by you for the goods in question, including the original delivery charge and excluding £50 for the cost of collection in our Free Delivery areas. Collection charges outside the Free Delivery postcode area will be equal to the delivery charge or £50 whichever is the greater (i.e. if delivery charge is £100 the collection charge will be £100).
3.11.2. Parcel Force Delivery
If you cancel your order after the goods have been delivered and signed for in good order, you must not use the goods, you must take care of them and keep the original packaging and make them available when Parcel Force call to collect them within 48 Hours from notification Monday to Friday. If the product to be returned complies with our RETURNS POLICY* , we will refund to you all the monies paid by you for the goods in question, including the original delivery charge and excluding the cost of collection of £9.99 for orders marked (PF) or £19.99 per item for orders marked (PFF) (PFLC) (PFLR) (PFLF).
3.11.3. Fragile Deliveries
If you cancel your order after the goods have been delivered and signed for in good order, you must not use the goods, you must take care of them and keep the original packaging where possible and make them available to us when we call to collect them on a date we will agree with you. If the product to be returned complies with our RETURNS POLICY*, we will refund to you all the monies paid by you for the goods in question, including the original delivery charge and excluding the cost of collection of £49 for one item and £15 for each further item.
3.11.4. Out of Area Garden Furniture Deliveries
If you cancel your order after the goods have been delivered and signed for in good order, you must not use the goods, you must take care of them and keep the original packaging where possible and make them available to us when we call to collect them on a date we will agree with you. If the product to be returned complies with our RETURNS POLICY*, we will refund to you all the monies paid by you for the goods in question, including the original delivery charge and excluding the cost of collection of £60 for one item and £60 for each further item.
3.12.Returns Policy: The refund will be in the same form of payment originally used for the purchase provided that the goods are returned or collected and received in the condition that they were delivered to you within 14 days. The customer is responsible for return postage costs. As a guideline, an average size rug can be returned via a door to door courier for approximately £8 (eg.Parcel2go, My Hermes, Parcel Force).
The refund will be processed within 5 days of the goods arriving back with us. If the product returned is not in fully re-saleable condition or the packaging is damaged/missing, we reserve the right to refuse a refund on the item, or deduct up to 50% of the original selling price from the refund amount. This does not affect your statutory rights.
4 RISK & PROPERTY
4.1. Risk of damage or loss of the goods shall pass to the Customer upon delivery or collection.
4.2. We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
4.3. When you shop on this website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password.
4.4. We may also collect information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit and any search terms that you entered on our website (User Information). We may collect this information even if you do not register with us.
4.5. You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service. We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:
- Processing your orders.
- For statistical or survey purposes to improve this Website and its services to you.
- To serve website content to you.
- To administer this website.
- If you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
When you create a shopping account while ordering online you will be given the option to receive information from Fishpools Limited by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by e-mailing us or telephoning us on 01992 780700 between 9am and 5.30pm Monday to Saturday.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
- In the unlikely event that it becomes relevant, as a member of the Furniture Ombudsman we subscribe to their dispute resolution service details of which can be found on our website.
5 WARRANTIES & LIABILITIES
5.1. Any claim by the Customer which is based on any defect in the quality or condition of the goods or any part thereof or their failure to correspond with the customer’s specification shall (whether or not delivery is refused by the Customer) be notified to Fishpools in writing to Fishpools within 3 working days from the date of delivery as outlined in clause 3.6 in order for an accurate diagnosis to take place. Where the defect or failure was not apparent from reasonable inspection or if customer elected not to inspect the goods and in all cases the remedy will be in line with the Consumer Rights Act 2015 (CRA).
5.2. Subject to Clause 5.4 hereunder where a valid claim in respect of the goods or any part thereof is based on any defect in the quality or condition of the goods or their failure to correspond with the customer’s specification as notified to Fishpools in accordance with these Conditions Fishpools shall be entitled at their discretion to replace or repair the goods (or the part in question) or to refund to the Customer the price of the goods (or a proportionate part of the price). Fishpools will deal with these incidents and any subsequent disputes in line with guidance from the CRA as noted above.
5.3. Except in respect of death or personal injury caused by Fishpools’ negligence Fishpools shall not be liable to the Customer by reason of any representation or any implied warranty condition or other term or any duty at common law for any costs or other claims for expenses or any other claims for consequential or financial compensation (how so ever caused) whatsoever which arise out of or in connection with the supply of the goods or their use or resale by the Customer except as expressly provided in these Conditions.
5.4. Where Fishpools are in breach of contract, their liability shall not exceed the purchase price of the goods which are the subject of each contract.
6 ONLINE ORDERS
General Online Terms & Conditions:
Intellectual Property and Right to Use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with Laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitations of Liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy, completeness, compatibility or security.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation or any implied warranty condition or other term or any duty at common law for any costs or other claims for expenses or any other claims for consequential or financial compensation (howsoever caused) whatsoever which arise out of or connection with your use of this website or in connection with the supply of the goods or their use or resale by you except as expressly provided in these conditions. Where we are in breach of contract, our liability shall not exceed the purchase price of the goods which are the subject of each contract.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
No purchase necessary. Entrants must be 18 or over, one entry per household, multiple entries won't be included in the draw. By entering, entrants will have been deemed to have accepted to be bound by the terms & conditions. Entry instructions form part of these terms and conditions. Entries must be submitted by midnight on Monday the 30th May 2016 and the draw from the correct entries will take place shortly after.
A condition of accepting the prize is to allow brief details to be published for marketing purposes, e.g. "Mrs Smith of Cheshunt won £1000 to spend in store..." along with a photo accepting the prize. Prizes must be collected and used within 6 months of the date of notification. Employees, their families and friends of Fishpools are not eligible to enter the competition.
Email: By giving us your email address we will assume that you are happy to receive occasional correspondence about new products, offers, design ideas and Fishpools news. We will not give your details to anyone else and you can opt out at any time.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Fishpools Ltd and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions.
- Conditions means these terms and conditions and the Special Conditions.
- Product means a product displayed for sale on the Website.
- Product Description means that part of the Website where certain terms and conditions in respect of the individual Product are provided.
- Special Conditions means the terms and conditions in the Product Description.
- Users means the users of the Website collectively.
- Personal Information means the details provided by you on registration.
- We/us means Fishpools Ltd.
- Website means the website located at www.fishpools.co.uk or any subsequent URL which may replace it.
- Cookies means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer. Click here for more information on the cookies we use.
- United Kingdom means England, Wales, Scotland, Northern Ireland and the Channel Islands.
- You means a user of this Website.
THESE TERMS DO NOT AFFECT YOUR STATUTORY RIGHTS.