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
 
  1. Company Details
We are Aqua Living Limited, a company registered in England and Wales under registration number: 10928634.  Our registered office is Metro House, Chichester, West Sussex, PO19 1BE, United Kingdom. Aqua Living Limited is a trading name of ours and we own the Aqua Living Online Website (www.aqualiving.co.uk).
 
  1. Terms
The following Terms and Conditions of Sale (the Terms - T&Cs) describe the basis upon which we make the Aqua Living Website available to you and will apply to all transactions for the sale of goods on the Website and at UK events. By accessing and/or using the Aqua Living Website and/or the services we offer you agree to be bound by the Terms as they are outlined in this document. We may change these Terms and Conditions or the Returns Policy at our discretion at any time. Any changes to the Terms and Conditions or Returns Policy will take effect on the date on which they are posted on the Website and will not affect any order placed before then.
 
  1. The Website
www.aqualiving.co.uk (The Website) is owned and operated by Aqua Living Limited company registration number 10928634 as Aqua Living Online. All of the goods on the Website and mobile platforms are offered by Aqua Living Online ("we/us") which will be the contracting party for any order that you place.
 
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are correct, complete and current but we cannot guarantee it and are not liable for any inaccuracy, incompleteness or out of date information.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.
 
  1. Website Usage
While you are in full compliance with the Terms, we grant you a non-exclusive, limited, fully revocable license to use the Aqua Living Website. All proprietary rights in the Aqua Living Website, its name and the logos relating to it remain ours and are not transferred to you through use of the Aqua Living Website. We are the owner or licensee of the intellectual property rights in all material, including all images, published on it.

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:
  1. access the accounts of other Aqua Living Website users or solicit their information;
  2. develop or operate third party applications through the Aqua Living Website;
  3. introduce independent software into the Aqua Living Website environment;
  4. attempt to discover the Aqua Living Website’s source code;
  5. impersonate any individual or company or falsely state or otherwise misrepresent an association with an individual or company;
  6. use or enable another person to use content on the Aqua Living Website for your or their own commercial gain;
  7. download content/material from the Aqua Living Website to a database you have created;
  8. 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.

 
  1. Pricing and promotions
These Terms & Conditions are supplemental to any additional terms that might apply to specific transactions (such as special offers or promotions) and to the use of gift vouchers whose terms are set out separately, at the time of purchase.
 
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.
 
  1. Placing an order
You must be at least 18 years of age to place an order through the Aqua Living Website and at least 18 years of age to use any other service offered by the Aqua Living Website.
 
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.ukor by post using the address given below.
 
To place an order through the Aqua Living Website you must give:
  1. your personal details including your real name, email address, billing address, shipping address, telephone number and any other information we may request; and
  2. 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 & ReturnsDetails below andon our website.
 
Once you have placed an order we will send you an Order Confirmation Emailthat 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 despatched to you and you will receive an Order Despatch Emailto 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 Despatch 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:
  1. warrant that you are the person referred to in the billing details;
  2. 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;
iii. warrant that you will not re-sell any item being ordered and/or use it for commercial purposes or benefit.
 
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
  1. limit or cancel the quantities purchased per person, per order, per household, per billing address or per shipping address
iii. refuse to sell our products to any person in a specific geographic region or jurisdiction.
 
 
  1. 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.
 
  1. Your right to cancel your order
Under the Consumer Contracts Regulations you have a right to cancel your order, without giving a reason, by written notice to us and receive a refund. This right to cancel comes to an end 14 days from the day after the day on which you receive the last of the items included in 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 from the Returns page) 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.
 
  1. Damaged, Defective or Incorrect Items
Once your order is delivered to the delivery address you provided, you are responsible for all the items in it. You should take care of these items as any damage to them may impair your ability to obtain a refund should you wish to return any of them.
 
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.
 
  1. Returns and Exchange Policy
If you are not entirely satisfied with your purchase, you can return it to us for a full refund of the product price paid. Delivery charges you paid us are not refundable and we do not refund any local import duties or tax you paid.
 
You must return the item in perfect saleable condition with all tags and labels, whether ours and/or the designers and/or the manufacturers, still attached and in its original packaging. 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. We will not make a refund for any item that has been used, stained or otherwise damaged or soiled while in your care or has been worn or altered or is not in its original undamaged packaging.
 
You are responsible for the item you are returning until it reaches We recommend you use a trackable method and retain proof of posting. We must receive your return no later than 14 days after the item was delivered to you.
 
When we have received and accepted your return we shall send you an Order Return Email to confirm this and within 30 days thereafter will make you a refund for the amount paid for your order to the billing details provided at time of order.
 
 
  1. Disclaimer & limitations of liability
Aqua Living Limited does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members, agents, directors or employees or for any fraudulent misrepresentation.
 
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.
 
  1. Copyright and trademark
The contents of the Aqua Living Online Website pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademark or registered trademark of Aqua Living Limited or its content and technology providers or their respective owners. ALL RIGHTS RESERVED. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this website in any form is prohibited save that you may:
 
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.
 
  1. Law and territory
These Terms and Conditions and your use of our website are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights.
 
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.
 
  1. Our contact details
Aqua Living Limited
Metro House
Northgate
Chichester
PO19 1BE
United Kingdom
 
Telephone: +44(0) 1243 91 55 11
Email: customerservices@aqualiving.co.uk