Terms & Conditions

Returns policy
Shipping

1. Scope

1.1 These terms and conditions, together with any other policies or documents referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) together “Terms” apply to all orders for products and services submitted by you for products and services made available by us for purchase over the On-line Web Store or Mail Order. Please read these Terms carefully. Please note that these Terms do not affect your statutory rights as a consumer.

2. Acceptance of Orders

2.1 You agree that your order is an offer to purchase the products (“Products”) and services (“Services”) listed in your order on these Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order for any reason without liability to you.2.2 After submitting an order to us, we will contact you to confirm details of the Products and Services you have ordered. Please note that this confirmation is an acknowledgement that we have received your order and is not an acceptance of your order, acceptance of your order and the formation of a contract of sale between us will not take place unless and until the products have been despatched to you or, in the case of services, when we first start to provide the services to you.

3. Prices

3.1 All prices on this site are stated in pounds sterling and they include any VAT at the taxable rate at the time the order is placed. 3.2 We endeavour to ensure that all pricing/ information on the Web Store is correct. Occasionally however, an error may occur and Products and Services may be mis-priced. If a Product’s or Service’s correct price is lower than the price stated on the Web Store, we will charge the lower amount, if a Product’s or Service’s correct price is higher than the price stated on the Web Store, we will contact you and ask you whether you wish to proceed with the order at the correct price.

4. Payment Terms

4.1 Mail Order: The total cost of your order is the purchase price agreed for the products and/or services including any shipping charges that have been agreed.4.2 On-line Web Store: The total cost of your order is the purchase price for the products and/or services, including estimated shipping costs. The true shipping costs will be confirmed and agreed with the buyer upon receipt of order(s) and any amendment to the final purchase price will be made & charged accordingly. We reserve the right to amend the value of an order to reflect true shipping costs and goods are only despatched under the satisfaction of the buyer. 4.3 You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and are not obliged to inform you of the reason for the refusal. 4.4 KPA are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.We will not be obliged to supply Products or Services at an incorrect price.

5.Invoicing

5.1 Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.

6. Services

6.1 Any Products or Services we provide or make available to you may be subject to additional terms. Any such terms will be brought to your attention before you purchase those services. Please note that those terms shall apply to the relevant Services in addition to these Terms.

7. Substitute Products and Services

7.1 Our policy is one of ongoing product and service update/ revision and we may therefore revise or discontinue Products and Services from time to time. If, for any reason, we are unable to provide you with the Product or Service you have ordered, we will do our best to offer you a substitute of the same or better quality at the same price.8. Delivery, Risk and Title.8.1 Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incorrect. Please note that, unfortunately, we cannot deliver to PO boxes.

8.2 While we will try to meet any despatch dates that we give you, please note that they are just estimates: they are not guarantees and should not be treated as such. 8.3 In the case of Services, you agree that we may commence the provision of the Services before expiry of the cancellation period. 8.4 Once a Product has been received by you, all risk of damage to, or loss of, the Product shall pass to you if you have not notified us within 48 hours of receipt of your product. 8.5 Title and ownership of the product will pass to you only when all sums have been received and have cleared KPA's account in full.

9. Warranty

9.1 Manufacturers guidelines must be followed at all times therefore any liability arising through a fault will be that of the manufacturer or the company that issued the warranty for that item and not the seller. Their decision upon any issue arising is final and any costs incurred by the seller for replacements is chargeable & will be at the discretion of the seller.9.2 If the product is found to be faulty or damaged on receipt/delivery, you must report this to KPA within 48 Hrs. If the product is returned in its original packaging, along with the proof of purchase, then a replacement item will be sent to you within 48 hours upon receipt of the faulty product.

10. Limitations of liability

10.1 Nothing in these Terms limits or excludes our liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation, or (iii) any other liability which cannot be limited or excluded by applicable law.10.2 We will not be liable, whether in contract, in tort (including without limitation, negligence), or otherwise arising out of or in connection with these Terms for any: economic losses (including without limitation, loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by you arising out of or in connection with these Terms.

11. Electronic Communications

11.1 When you visit this Web Store or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

12. Assignment, subcontracting etc

12.1 We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.

13. Amendments to these Terms

13.1 We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products or Services in question from us.14. Events beyond our reasonable control

14.1 We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.

15. Severance

15.1 Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and not affect the enforceability of any of the other provisions of these Terms.

16. Privacy

16.1 Our company ensure that the confidentiality of our clients is kept at all times, including and not limited to purchasing habits, personal details, including credit card details and address details. Although we store most of these details on record in our confidential database, credit card details are destroyed immediately after any order is processed and prior to the order being despatched. Our liability to keep this information is in conjunction with data protection and the regulations that are applied by our credit / debit card processor.

17.Governing law and jurisdiction

17.1 These Terms and all transactions relating to KPA are governed by English law and both you, and we, hereby submit to the non-exclusive jurisdiction of the English courts.

18. Shipping - click to refer to shipping terms & charges

19. Seven Day Returns Guarantee

19.1 We want you to be totally satisfied with all Products that you purchase from KPA. Therefore, if for any reason you are unhappy with a Product, you can return it to us in its original condition within 7 days of the date the Product is despatched to you this is provided that the Product is returned to KPA in its original packaging and unopened (with any seals and shrink-wraps intact), together with the receipt and we will issue a full refund of the price paid for the Product in question less any costs we have incurred in delivering the Products to you. 19.2 If the packaging has been damaged or products have been opened then we reserve the right to charge a 20% handling fee.

19.3 You will be responsible for meeting the costs of returning Products under this 7 Day Returns Guarantee and that we will not reimburse the costs we incurred in delivering the Products to you.

20.Cancellation

20.1 You have the right to cancel an order placed with KPA, however this must be done within 24Hrs of placing the order to avoid additional costs being incurred for returning the product. If an order has already been despatched in this period you will be entitled to a refund less any shipping costs incurred and re-stocking charges at our discretion.

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All Prices Include VAT @ 20% VAT Registration No. 871 9655 78
G R Rutland Ltd t/a Koi Ponds & Accessories - COMPANY REGISTRATION no.5625440
Copyright Koi Ponds & Accessories © 2006