Terms and Conditions
Please read these conditions carefully before using our website as they affect your rights and liabilities under the law. By using this website or making a purchase either electronically via this website you agree to be bound by these terms and conditions. Nothing in these Terms & Conditions affects your Statutory Rights
This website is owned and is one of the trading styles of AquaMagic Group Ltd, 6 Westham Road, Weymouth, Dorset, DT4 8NP
The placing of an order with us is an offer to us to purchase a product (or products) which is only accepted by us at the point of payment. Any goods on the same order which are not charged for do not form part of that contract. Point of payment is defined as the authorisation by our Card Company of payment by Credit or Debit Card.
By ordering goods from us, you will be deemed to have accepted that these Terms and Conditions take precedence over all other either submitted by you or implied by business/trade custom, practise or course of dealing, unless expressly agreed to in writing or by electronic means and authorised by the company Fishbitz.
All dates quoted by us for despatch or ultimate delivery are as estimates only and are not to be the essence of the contract.
The use of this website, the purchase of any goods, and these Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by English courts
Fishbitz makes every effort to ensure that all information on this site, and stock availability as shown during the ordering process, is up to date, current and correct However, Fishbitz does not warrant, represent or guarantee that this information is up to date, current and correct, except for displayed prices (obvious computer programming errors excepted).
We will not be liable to you/or any third party for any consequential or incidental damages (including, but not limited to, loss of revenue, loss of profits, wasted expenditure, loss of privacy and loss of data) whatsoever that arise out of or are related to the use of this web site and/or any information contained therein.
Prices shown are inclusive of VAT at Standard Rate (17.5%) where applicable.Fishbitz guarantees that the prices shown at the time of ordering are always the current prices, and are the prices you will pay, even if an item is out of stock and has to be back-ordered for you.
Making a purchase could not be easier. Just browse our Website, and click on any items that you wish to buy and put them into the shopping basket. After you have finished your selection, click on "Checkout" and you will be asked for a few details that we need to be able to satisfy the order. We accept most Credit and Debit Cards, excluding American Express and Diners. We can now also accept ELECTRON cards.
On completion of your order placement, you will be presented with a screen confirming your purchase together with a unique Order Reference Number, which must be quoted in all correspondence. A confirmation email will also be sent which you agree will satisfy any legal requirements that such communication be in writing.
In addition, an email will be automatically sent to indicate the dispatch of your order.
Our ordering system is designed to indicate items which are out of stock at the time of ordering, however, due to stock control limitations, Fishbitz are unable to guarantee the absolute accuracy of such information. In the event that items are not available once order processing commences, you will have the opportunity to either cancel your order, amend your order or carry on waiting. If you choose to split the order we reserve the right to treat the order as two separate orders and charge carriage on either or both if applicable at our discretion
We will normally process and dispatch your order within two working days of order placement, subject to stock availability. Actual delivery times after dispatch will depend on carrier used, and delivery address. Typically : Mainland UK deliveries take 1-2 working days. Highlands of Scotland and Isle of Man may take one or two days longer. International order delivery times vary upon destination : typically : EU countries : 3-5 working days. Other destinations will take longer.
Fishbitz use various commercial carriers for the delivery of goods, and therefore offer these delivery times as guidelines only. We deny any liability for any delays in delivery or any consequential loss arising from such delays once the goods have left our premises due to circumstances beyond our control. All dates quoted by us for despatch or ultimate delivery are as estimates only and are not to be the essence of the contract. However, if the contract included an additional charge for Guaranteed Next Working Day delivery and this was not achieved, then this additional charge will be refunded upon proof of non-delivery within the agreed time.
All orders are subject to additional charges for handling, packing and delivery. These are calculated and displayed during the ordering process. We reserve the right to alter these displayed charges after order completion in the event of an incorrect country or area selection.
You will be shown the final carriage charges for your destination prior to having to enter any payment details.
Because our carriers generally require a signature on delivery, and most deliveries are carried out during working hours, Monday through Friday, you should ensure that someone is available to sign for the goods. We are happy to send your goods to any address that you choose, or to neighbours, relatives, or place of work, as long as there is someone there to sign for the goods.
Due to extra charges levied upon us by the carriers, we regret that once dispatched, we are unable to alter the delivery address without the payment of an additional carriage surcharge prior to such alteration. In the event that any parcel is undeliverable due to no-one being available at the delivery address, and that parcel is returned to us, we reserve the right to deduct the original carriage charge from any refund, or to charge additional carriage if we have to resend the same parcel to either the original address or to a new address.
Should you wish your goods to be delivered by our carriers and left without any signature, you can tell us during ordering or anytime prior to dispatch. However, these goods will be left totally and entirely at your own risk, and we will not be responsible for any loss or damage under any circumstances and successful delivery as stated by our carriers will be deemed to be completion of contract
To enable us to complete our contract with you, and successfully deliver the goods to the address you supplied on the order (or any subsequent change to the delivery address which we have agreed) you must supply us with a full, complete, and correct delivery address.
If the address supplied subsequently turns out to be not full, complete and correct (including the Post Code) you will be responsible for any additional charges levied upon us by the carriers as a result.
If the goods are sent by Royal Mail 1 st Class Post and are lost or not delivered as a result of the supplied address not being full, complete and correct, then you are fully responsible for the delivery failure, and we will not refund the value of the goods or any original carriage charges, nor send replacements. You alone will be responsible for any search for the missing package.
However, in the event of any error in the addressing on our part, then of course, you would not be held responsible in any way, and we would sort out the problem at no cost to you.
We prefer that you pay by use of a Credit or Debit Card online. We accept most such cards, except American Express and Diners.
Should you wish to check on the progress of any order placed with us, please ensure you quote your order number and/or your customer number. We regret that we will be unable to check on the progress of any order without the provision of such information
If ordering goods for delivery overseas please be aware that you may be subject to import duties and taxes, which are levied once the goods reach the specified destination. Any additional charges, duties or taxes are your responsibility and must be borne by you. It is also your responsibility to ensure that any such import complies with all laws and regulations of the country in which you are receiving the goods. We will not be responsible for any duties levied or attempted to be levied, nor for any costs involved in returning any refused goods. If the goods are returned to us for any reason (including, but not limited to, your refusal to pay any import duties, or the attempted import of prohibited goods) we reserve the right to refund the cost of the original goods less any carriage charges incurred both for the original despatch, and the return of, the goods.
Cancellation Rights : You have the right to cancel any order for any reason within 7 working days after the day on which you received the goods. You must return the goods to us at your own expense in an unused, undamaged condition together with such documentation necessary to enable us to identify you as the purchaser of the goods within 30 days of the notice of cancellation. Until the goods are received by us at our premises, you are responsible for any loss or damage to such goods. You should obtain proof of posting of such goods, in the event that the goods are not received by us at our premises. Once we have received the goods, we will refund the purchase price (less any original carriage charges) immediately, or in any case within 30 days. Goods returned without the required documentation, or after 30 days of the notice of cancellation, will be treated as abandoned to us, and will be dealt with accordingly
Missing or Incorrect Items : You should notify us as soon as possible by email as to the nature of the problem. We will rectify the situation immediately, subject to stock availability, although in some cases we may require you to return the incorrect item, initially at your expense. We will of course refund you any return carriage or postal charges upon receipt of the goods. Returns should be made by the cheapest method available, and proof of posting obtained. Do not send items back by Special Delivery as we will not be responsible for refunding this additional cost to you
Faulty or Damaged Goods : In the event that you receive faulty or damaged goods, you must return the goods to us initially at your own expense, together with such documentation necessary :
to enable us to identify you as the purchaser of the goods.
for us to establish the nature of the damage or fault
for us to know whether to exchange/repair item, swap for alternative item, or complete a refund of purchase price
We will examine the goods, and in the event that they are damaged or faulty, we will repair or replace them at our absolute discretion, but due to the wide range of products we supply, it may be necessary for the goods to be passed back to the manufacturer for their expert assessment of the alleged damage or fault. We will do this within a reasonable time which we agree will not exceed 21 days.
In such cases where the goods are deemed to be damaged or faulty, we will refund you your return postal or carriage charges.
In such cases where the manufacturer has tested the goods and finds the goods not faulty, they will be returned to you.
Returns should be made by the cheapest method available, and proof of posting obtained. Do not send items back by Special Delivery as we will not be responsible for refunding this additional cost to you.
In certain cases where the item is of an unusual size or weight, we may arrange a direct exchange, where our carriers will swap over the goods for you. Please contact us for details
Pumps, Filters, Air Pumps and Similar Goods : Customers should be aware that many of these items emit a noise during normal operation, which you may consider excessive in your particular environment. You should also be aware that the use of registered trade names and manufacturers wordings which indicate noise levels are relative only and do not necessarily give indications of measured decibel levels.
Return of these goods under any guarantee because of excessive noise levels (which when examined prove not to be faulty but normal operating noise output) will only be accepted under certain conditions:
The goods must be returned at your expense.
We accept that for you to find the noise levels are unacceptable, you will have used the goods, but if they are returned in such condition as to not be re-saleable at the full retail value, we will of course have to adjust any refund or credit note to account for this. If they are returned as new then a full refund or credit note will be issued.
You agree that if we are asked to suggest an alternative product which will be less noisy, then this suggestion is based on our sales and returns experience only, not on any actual testing of the products, and that we cannot subsequently be held responsible should the alternative item also prove to be excessively noisy in your view. You should therefore not rely on our skill or judgement when choosing a less noisy alternative.
Any alternative goods sent out to you may attract additional carriage charges in accordance with our usual terms and conditions.
Abandoned Goods : Any goods returned to us at our premises without documentation included which easily identifies the original purchaser of the goods will be treated as being abandoned to us
If you ever have any cause for complaint, then please contact us straight away. Email us at store@fishbitz.co.uk
We will acknowledge your complaint within 2 working days, and will try to resolve the problem immediately or in any case within 5 working days. You will always be kept informed of the progress of your complaint
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