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.

Definitions

"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. 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.

Use of the website

Purchase of products

Prices and specifications correct at the time of publication but may be subject to alteration. E & EO. 

Free local delivery service only applies to postcodes which are within 50 miles of our store on orders over £200 in value. Post codes not listed may be subject to an out of area delivery charge. If you are not in one of these postcodes please allow us to quote you a competitive delivery charge based on the distance and size of your order.

Purchase of age restricted items

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.

Knifes

Under the Criminal Justice Act 1988 it is an offence to purchase or attempt to purchase knifes 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.

Contract Creation

When you place an order with us by pressing the “Place Order” 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.

THE CUSTOMER SHALL BE RESPONSIBLE FOR DETERMINING THE GOODS SOLD ACCORD WITH THE CUSTOMER'S REQUIREMENTS AND ARE FIT FOR THE CUSTOMER'S PURPOSE AND THAT THE DIMENSIONS OF THE GOODS ARE SUITABLE.

Payment

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 ordered plus delivery charges as set out in the delivery section of this Website. Payment can be made by any of the methods specified in the payment section of this website and payment will be debited and cleared from your account when the goods are dispatched for delivery, except for  Special order items which will be subject to a 20% deposit with the balance being debited as soon as the goods are ready for dispatch. 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.
Payments for all accessories and rugs will be taken in full.

Change or cancel an order

If you wish to change or cancel an order please contact us on on 01992 780700 any time between 9am and 5.30pm Monday to Saturday. Please have the order number and date the order was placed to hand.

If your products have already been delivered, then you will need to follow our returns procedure.. More Information about return

If you decide to cancel your made-to-order/special order product for any reason, it is unlikely that we could sell it to another customer at full selling price. We'll therefore reserve the right to charge a cancellation fee of 20% of the order value. You are responsible for determining that any special order/made to order goods meet with your requirements and are fit for your purposes and that the dimensions of the goods are suitable. Please refer to our Make sure it will fit before committing to your order.

Track your order

To check your order status, just click on the Your orders link at the top of the page, sign in and then View orders.

• Order received means your order hasn't been processed yet.
• Order processing means your order could be at any point between the order being processed/goods being manufactured and dispatching your goods.
• Products awaiting dispatch means that your order is ready for dispatch and you will be contacted by our dispatch department to arrange a mutually convenient date for delivery.
• Cancelled means your order has been cancelled either by you or us.

Your purchase history

To find out more information on your past orders, please Sign into your account at the top of our web page.

Delivery/Storage

Any dates for delivery of the goods are approximate only and Fishpools Limited shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by Fishpools Limited in writing.

If you fail to take delivery of the goods or delivery can not 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

Fishpools may:

1   Store the goods until actual delivery and charge the customer for the reasonable costs (including insurance) of storage.

2   Sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses)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.

Where the goods have been specifically ordered at the Customers 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.

Fishpools are not responsible for personal injury (not caused by Fishpools negligence), damage to property or damage arising by reason of inadequate delivery instructions and/or difficulties due in obtaining access. Fishpools are only responsible for delivery to a customer’s entrance door.

Fishpools will store goods for a maximum of 4 weeks. Such time period will commence upon the date when the customer is notified the goods are available for delivery. Thereafter storage charges will be payable by the customer to Fishpools monthly at a rate equivalent to 10 per cent of the net retail price of the goods in storage.

The customer will accept delivery if goods are available earlier than the delivery guide quoted.

Refund policy

For products purchased on line, you have the right to cancel orders on products that are not made to order/special order by notifying us in writing (including email) before delivery, or within 7 working days of receiving the goods. This excludes beds/mattresses and pillows which have been taken out of their original sealed packaging and made to order/special order items.

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. 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 £50 in our free delivery areas; collection charges outside the postcodes listed (free delivery 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). The refund will be in the same form of payment originally used for the purchase PROVIDED THAT the goods are returned/collected and received in the condition that they were delivered to you within 30 days. The refund will be processed within 5 days of the goods arriving back at our distribution centre.

For small items (accessories and goods delivered by Parcel Force), you (the customer) are responsible for the cost and safe return to Fishpools Ltd. We will refund to you all the monies paid by you for the goods in question excluding the original Parcel Force delivery charge.

If the product returned is not in fully re-saleable condition or the packaging is damaged, we reserve the right to refuse a refund on the item, or deduct up to 20% of the original selling price from the refund amount. This does not affect your statutory rights.

Damaged, Incomplete or Defective Goods

Every effort will be made to ensure that the goods you have ordered arrive undamaged, complete and without defect.

We will ask you to examine the goods in the presence of our delivery crew and if you find the goods to be defective in any way this should be noted on the delivery documentation which will be relayed to our customer services department who will contact you within 48 hours.

The damaged/defective goods can be returned with our delivery crew or alternatively we can arrange to order a replacement item and in the meantime you can use the items as delivered (keeping in good order) until we can redeliver the replacement item. Alternatively one of our very experienced service technicians can visit you at a convenient date to carry out an inspection and if possible repair the goods or obtain the necessary parts to carry out the repairs (most times this is the most convenient route for our customers as they do not have to wait for redelivery of the goods and you can continue to use them).

If the damage is discovered after delivery, you must contact us within 3 days of delivery of the goods.

Cancellation by Fishpools

We reserve the right to cancel/not accept an order if:

• We have insufficient stock to fulfill the order
• We do not deliver to your area
• One or more of the goods ordered was incorrectly described or priced on our website
• The payment transaction is not authorised
• 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.

Cancellation of made-to-order/special order products

Should you wish to cancel your made-to-order/special order product for any reason, it's unlikely that we could sell it to another customer at full selling price. We will charge a cancellation fee of 20% 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. This does not affect your statutory rights

Privacy

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.

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. We may also collect information about where you are on the internet (eg 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.

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 replying to a promotional e-mail with the word "unsubscribe" in the subject line, by e-mailing us at webstore@fishpools.co.uk or telephoning us on 01992780700 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.

We use Cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time - if you do not accept Cookies you will be unable to use this Website

General

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.

Limitation 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, 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

Severance

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.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

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.

Entire agreement

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.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Contact

The registered company address of Fishpools Ltd is 115 High Street, Waltham Cross, Hertfordshire EN8 7AL. The registered company number of Fishpools Limited is 302828.