Terms & Conditions
Terms & Conditions
Last Revised: 18 July, 2018
Welcome to Aqua Living Limited’s Terms and Conditions. We are pleased to have you onboard. Thank you for choosing to shop with Aqua Living Limited.
Introduction
Aqua Living Ltd offers online and mobile retail of water lifestyle products via our online store www.aqualiving.co.uk
- Company Details
- Terms
- The Website
We take every care to ensure all information, descriptions and specifications of products for sale on the Aqua Living Website are correct, complete and current but we cannot guarantee it and are not liable for any inaccuracy, incompleteness or out of date information. All images of products on the Aqua Living Website are for illustrative purposes only and we cannot guarantee that the material and colours will be exactly as they appear in the product images shown as your computer may not display them accurately.
The Aqua Living Website is hosted by Shopify which provides the e-commerce platform that enables us to provide products and services to you. Please review the Shopify Terms and Conditions for data storage.
All communications in relation to the Aqua Living Website with us are in the English language only. Any translation that you may obtain of our content is at your own risk and we do not accept any liability for inaccuracies.
- Website Usage
You may not use our logo or the Aqua Living Online Website’s trademarks except to refer to us or the Aqua Living Website lawfully and in good faith.
You may not use any content/material, whether in whole or part, on the Aqua Living Website for commercial purposes unless we have given our express prior written consent to your doing so.
But you may use an image or other material from the Aqua Living Online Website for non-commercial purposes provided you credit the Aqua Living Online Website, post a hyperlink to that image or other material as it appears on the Aqua Living Online Website and you use the image or other material in such a way that it is fair and not illegal or misleading, and it does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association with or endorsement by us).
We reserve the right to withdraw any permission given, without notice or reason and, if we ask you to remove the image or other material and/or a link to the Aqua Living Online Website, you must do so immediately.
You may not post embedded videos or hyperlinks to other websites on the Aqua Living Website. We do not accept responsibility for the content of any videos embedded in content posted on the Aqua Living Website. Nor do we endorse or accept responsibility or liability (directly or indirectly) for the content, terms and conditions, policies, products or services of any website to which there is a hyperlink on the Aqua Living Website.
You rely on any material or information posted on the Aqua Living Website at your own risk. No statement or information on the Aqua Living Website amounts to advice. Opinions expressed on the Aqua Living Website are the personal opinions of the manufacturer, label or other author and do not reflect our opinions.
You may only post content/material on the Aqua Living Website which you own and of which you own the associated copyright. You will retain any and all applicable copyright and other intellectual property rights with respect to any content/material you upload to or post on the Aqua Living Website to the extent that you have such rights under any applicable law.
You acknowledge that in posting any content on the Aqua Living Website you do not expect to receive any fee and you grant us the right to use any content/material you post for our own purposes free of charge.
When accessing Aqua Living Online, you will not:
- access the accounts of other Aqua Living Website users or solicit their information;
- develop or operate third party applications through the Aqua Living Website;
- introduce independent software into the Aqua Living Website environment;
- attempt to discover the Aqua Living Website’s source code;
- impersonate any individual or company or falsely state or otherwise misrepresent an association with an individual or company;
- use or enable another person to use content on the Aqua Living Website for your or their own commercial gain;
- download content/material from the Aqua Living Website to a database you have created;
- do anything that might impair, disable, overburden or otherwise interfere with the proper working, functionality or appearance of the Aqua Living Website
We make no representation that any aspect of the Aqua Living Website is appropriate or available for use outside the United Kingdom. If you access the Aqua Living Online Website from a location outside the United Kingdom, you alone are responsible for compliance with applicable local laws and any repercussions of non-compliance.
The Terms, Returns Policy and the Privacy Policy are governed by English law and are subject to the jurisdiction of the English courts. Nothing in the Terms, Returns Policy or the Privacy Policy prevents us from complying with the law.
We do not guarantee the continuous, error-free, secure or virus-free operation of the Aqua Living Website. We may interrupt the Aqua Living Website with or without prior notice for any reason or no reason and shall not be liable for any interruption of or delay in the Aqua Living Website or its failure to perform.
We may at any time change or remove any aspect of the Aqua Living Website, including content posted on it, as we see fit at our sole discretion.
- Pricing and promotions
Prices that are reduced for sales and promotions are only valid for the specified period. We reserve the right to adjust prices, offers, goods and specifications of goods on the Website at our discretion at any time before (but not after) we accept your order. All prices on the Aqua Living website are in UK Pounds Sterling and include VAT, where relevant, at the current UK VAT rate.
- Placing an order
By placing an order with us you will be deemed to have read, understood and agreed to these Terms. If you are unhappy with any aspect of these terms, then you should contact one of our customer service advisors before placing an order with us either by email customerservices@aqualiving.co.uk or by post using the address given below.
To place an order through the Aqua Living Website you must give:
- your personal details including your real name, email address, billing address, shipping address, telephone number and any other information we may request; and
- your order payment details which you warrant are true, valid and current.
Payment for your order must be for the total price of the items ordered as shown on the Aqua Living Website at the time the order is placed (less any applicable valid discount), together with the applicable Delivery Charge and VAT (if applicable). Any subsequent change in the price of an item on the Aqua Living Website will not affect the price of an order once we have confirmed receipt of and sent a confirmation that will confirm our acceptance of your order. Prices and availability of goods are subject to change without notice. A delivery charge will be added to your order value where appropriate, please see our Delivery & Returns Details below and on our website.
Once you have placed an order we will send you an Order Confirmation Email that your order has been received but this is not a confirmation that your offer to purchase the goods has been accepted. A contract between you and Aqua Living Online for the sale of our products will only exist once an order has been accepted, processed and dispatched to you and you will receive an Order Dispatch Email to confirm a shipment from your order has been processed, giving the estimated delivery date to the address you have provided for delivery.
Please note that from the point of receiving an Order Dispatch Email there is a legally binding contract between us but you may have a right to cancel your order under the Terms below and other rights to return or exchange items in your order as set out in the Terms. Your rights to return an item under the Terms are in addition to your legal rights as a consumer.
Any promotion or discount code we issue is non-transferable and there is no cash alternative for it. A promotion or discount code cannot be used with another offer or promotion or discount code. A promotion or discount code cannot be used more than once unless we specifically state that it may be. We may stop the use of a promotion or discount code at any time without notice.
By placing an order you:
- warrant that you are the person referred to in the billing details;
- authorise us/Shopify to carry out a standard pre-authorisation check on your payment card and such other credit, anti- fraud and identity checks as we/Shopify consider appropriate;
We shall send you an email as soon as we reasonably can to let you know if any item in your order is out of stock. If all the items in your order are out of stock we shall not process it and shall arrange for a full refund of any applicable sum taken.
We reserve the right at our sole discretion and without giving any reason to:
refuse any order you place with us
- limit or cancel the quantities purchased per person, per order, per household, per billing address or per shipping address
- Despatch and Delivery Charge Details
All orders are despatched on Working Days only, not including Saturday, Sunday or UK public holidays. Orders received after 2pm on a Working Day will not be despatched until the following day. If you have urgent or any other special delivery requirements, please contact us and we will do our best to meet your requirements.
UK Deliveries:
If your order is accepted and your shipping address is in the United Kingdom we shall dispatch it via UK Mail Next Day Delivery.
The charge for our Standard shipping service per order despatched to a UK mainland address is £4.99 but is free on orders over £75.
| UK - UK Mail | |
| Next Working Day <10kg | |
| Mainland UK (Free on orders over £75) | £4.99 |
| UK Islands – Guernsey, Jersey, Northern Ireland , Scottish Highlands and Islands, Isle of Man, Isle of Wight, Scilly Isles (up to 20Kg) | £14.99 |
| Oversized parcels up to 20Kg (SUP’s, Towables, bulk orders) | £14.99 |
European Deliveries:
We ship to certain European countries using UK Mail/DHL International service. The charge for this service is £29.99 and you are responsible for calculating and paying all applicable local import duties and taxes. Delivery is estimated to be within 5 to 6 working days after the order is placed.
| Europe – UK Mail / DHL | |
| 4-6 Working Days <30kg | |
| Zone 1 European Countries:Austria, Belgium, Croatia, Czech Republic, Denmark, Finland, France, France (Corsica) Germany, Hungary, Ireland, Italy, Italy San Marino, Luxembourg, Monaco, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland. | £24.99 |
| Zone 2 European Countries:Andorra, Herzegovina, Bulgaria, Estonia, Gibraltar, Greece, Sardinia, Sicily, Latvia, Lithuania, Norway, Romania. | £49.99 |
We ship to certain European countries using UK Mail/DHL International service. The charge for the service to Zone 1 European countries is £24.99 and to Zone 2 European countries is £49.99 you are responsible for calculating and paying all applicable local import duties and taxes.
Delivery is estimated to be within 4 to 6 working days after the order is placed.
The Zone 1 European countries we ship to are: Austria, Belgium, Croatia, Czech Republic, Denmark, Finland, France, France (Corsica) Germany, Hungary, Ireland, Italy, Italy San Marino, Luxembourg, Monaco, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland.
The Zone 2 European countries we ship to are: Andorra, Balearics, Herzegovina, Bulgaria, Estonia, Gibraltar, Greece, Sardinia, Sicily, Latvia, Lithuania, Norway, Romania.
We are able to ship to other European countries not listed. A delivery cost for these other countries is available upon request andyou are responsible for calculating and paying all applicable local import duties and taxes. Please contact us at customerservices@aqualiving.co.uk for shipping costs.
Rest of World Deliveries:
| Rest of World (Non-Europe) – Parcelforce Worldwide | |
| 10-15 Working Days | |
| Rest of World (Non-European) Delivery <5kg0.0 kg – 5.0 kg United States, Canada, Hong Kong, Japan, Australia and New Zealand. | £99.99 |
| Rest of World (Non-European) Delivery 5-15kg5.0 kg – 15.0 kgUnited States, Canada, Hong Kong, Japan, Australia and New Zealand. | £199.99 |
We also ship to the United States, Canada, Hong Kong, Japan, Australia and New Zealand. You are responsible for calculating and paying all applicable local import duties and taxes. Delivery is estimated to take up to 10-15 working days after the order is placed. Rest of World deliveries over 15kg deliveries shipping costs are on request.
Shipping to an international address in a country not listed may be available upon request. Please contact us at customerservices@aqualiving.co.uk for more information.
We are registered for VAT number 289 6866 18, so where applicable, all our prices include VAT. If you order items for delivery outside the United Kingdom you are responsible for the calculation and payment of all local taxes and duties relating to your order.
All quoted delivery times are based on “Working business days”, which excludes bank holidays and weekends. Orders placed after 2pm Friday, over the weekend or on a bank holiday will be sent out the next working business day.
Standard items sent within Europe will be sent via UKmail/DHL road service. Standard items due for delivery to non European countires will be shipped via Parcelforce Worldwide delivery service.
We are not liable for any loss you incur as a result of your order arriving earlier or later than the estimated delivery date we gave you.
- Your right to cancel your order
You may normally cancel your order (once accepted by us) for any reason up to the point of despatch. If you do cancel the contract within this time any payments made by you will be refunded in full within 30 days.
To exercise this right to cancel you must notify us, within 14 days of your Order Despatch Email, in writing either by email to customerservices@aqualiving.co.uk or by letter to Aqua Living Limited, Metro House, Northgate, Chichester, PO19 1BE, United Kingdom.
Unless the item you are returning is faulty or incorrect, you must bear the cost of returning it (we recommend returning it via a tracked service).
You should return your order with our Returns Form (download a pdf - click this link here https://aqualiving.co.uk/pages/returns-form) in its original undamaged packaging and with all tags and labels, whether ours and/or the designers and/or the manufacturers, still attached. If the original packaging is damaged and/or will not protect the item(s) securely you must provide your own secure packaging at your own cost.
Within 14 days of our receiving back your order or, if earlier, your providing us with evidence of having returned it (for example a proof of postage receipt from the Post Office) to us, we shall issue you with a full refund for the item, together with the cost of standard delivery to your requested address (regardless of the shipping service you selected) but not a refund of any local import duties or tax you paid.
- Damaged, Defective or Incorrect Items
You should return the item in its original undamaged packaging and with all tags and labels, whether ours and/or the designers and/or the manufacturers, still attached. If the original packaging is damaged and/or will not protect the item(s) securely you must provide your own secure packaging at your own cost.
- Returns and Exchange Policy
If you are not entirely satisfied with the products that you have chosen you may return them to us within 30 days of receipt. We will be happy to provide an exchange or refund, providing the item(s) are returned in perfect condition, undamaged and unused, and where possible in the original packaging with all labels/tags attached.
Please print and complete the returns form https://aqualiving.co.uk/pages/returns-form clearly indicating the reason for return and whether you require a refund or exchange.
Please send the item in its original packaging and return your parcel to us. We advise all customers to keep their proof of postage and send returns via a trackable service as we cannot accept responsibility for parcels lost in transit and that are not confirmed received at our office address.
We are only able to receive returns through the postal service, and do not offer a drop off service. We will endeavour to process your exchange or refund request within 5 working days, in peak times this may however be longer.
We will refund the person who originally placed and paid for the order. It can take up to 14 days from us receiving the returned items to you receiving your refund. Refunds are always processed net of postage therefore we will not refund the cost of postage for refunded or exchanged items.
Guarantees
Where possible the products we stock all come with a unique guarantee. If you have any concerns or quality issues, please include your Guarantee Code and proof of purchase and contact our dedicated Customer Services Team on 01243 91 55 11 or by email customerservices@aqualiving.co.uk
Returns Address:
Aqua Living Limited
Returns Dept
Metro House
Chichester
PO19 1BE
United Kingdom
Chatham Marine Returns Only
The information provided applies to Chatham Marine Footwear returns only.
FREE COLLECT PLUS RETURNS FOR CHATHAM MARINE FOOTWEAR (WITHIN 28 DAYS)
If you are not entirely satisfied with the products that you have chosen you may return them within 28 days of receipt. We will be happy to provide an exchange if available or refund, providing the items are returned in perfect condition and where possible in their original packaging with all tags attached.
Please print off and complete a returns form available to print off from the Returns page https://aqualiving.co.uk/pages/returns-form
Please clearly indicate whether you require a refund or exchange. If you require a different size, please state what size you require. The returns process will be delayed if this information is not clearly stated.
Please include the Returns Form paperwork with your product/s return.
Please reseal the item in its original packaging, attach the returns label to the box and return your parcel direct to Chatham Marine using the Collect Plus service. Click here to enter details into Collect Plus for your return:
https://www.collectplus.co.uk/chathammarine
You can also locate your nearest drop off Collect Plus location.
We advise all customers to keep the proof of postage. We cannot accept responsibility for parcels lost in transit. All refunds will be issued to the same payment method as the original order and may take up to 14 days to complete. Refunds are always processed net of postage.
Products that cannot be returned
Most items can be returned for a refund or exchange but we cannot offer refunds or exchanges, unless faulty, on the following items:
- Products which have been personalised for you, such as gifts or jewellery
- Swimwear
- Delivery charges will not be refunded unless the goods are faulty.
- Skin care and candles cannot be returned once opened.
Faulty Items
If in the unlikely event that your item is faulty, please contact our dedicated Customer Services Team on 01243 91 55 11 or alternatively by email customerservices@aqualiving.co.uk . Please return the item clearly stating the fault and include proof of purchase. We will endeavour to replace your item but if unable to, we may offer an alternative or a refund if the item is found to be faulty.
We will notify you via a Returns Confirmation email of your return/exchange/replacement once we have received and processed your item(s).
If you have any questions concerning your product return that is not covered by the above information then please contact us 01243 91 55 11 or by email customerservices@aqualiving.co.uk
- 11. Disclaimer & limitations of liability
To the fullest extent permitted by law and save as provided above, neither Aqua Living Online nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Aqua Living Online or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use by you.
The limitations of liability in these conditions shall apply equally for the benefit of Aqua Living Online and any other associated company of Aqua Living Online as if references to Aqua Living Online included references to each such associated company.
While Aqua Living Online uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Aqua Living Online will not be responsible for any errors or omissions or for the results arising from the use of such information.
While Aqua Living Online takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
Further, Aqua Living Online will not be responsible nor liable for your use of any other websites which you may access via links within this website. Aqua Living Online does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with Aqua Living Online.
The entire liability of Aqua Living Online under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
Aqua Living Online will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
Aqua Living Online may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific permission in writing of Aqua Living Online.
No person who is not a party to these Terms shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
- Copyright and trademark
Copy, print (one copy only) or download extracts of the material on this website for the sole purpose of using this website in good faith for domestic purposes or placing an order with Aqua Living Limited; and
Copy print (one copy only) or download the material on this website for the purpose of sending to individual third parties for their personal information provided that you seek no commercial advantage or benefit from so doing and you acknowledge us as the source of the material and that you inform the third party that these Terms apply to them and that they must comply with them.
- Law and territory
This website and our Terms and Conditions have been designed for use within the United Kingdom and under UK law. Whilst we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations.
- Our contact details
Metro House
Northgate
Chichester
PO19 1BE
United Kingdom
Telephone: +44(0) 1243 91 55 11
Email: customerservices@aqualiving.co.uk