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Terms & Conditions
 
This site is for UK orders only. Any other country should enquire to sales@cmcaquatics.co.uk

Quoted prices are in G.B pounds sterling and are inclusive of V.A.T.

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

1. Format of the Contract
These terms of sale apply to all goods supplied by CMC Aquatics via cmcaquatics.co.uk.
The website is governed by the following terms and conditions; they do not affect your statutory rights.

Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order.

The contract is subject to your right of cancellation (see condition 5).

We have the right to terminate the contract if the price of the contract is not received from you in cleared funds.

CMC Aquatics may change these terms of sale without notice to you in relation to future sales.

2. Description and price of the goods
We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur due to for example manufacturer improvements. If there is anything which you do not understand, or if you wish to obtain further information, please contact our Customer Services team.

Every effort is made to ensure that prices shown on cmcaquatics.co.uk are accurate at the time of placing your order. If, by mistake, we have under priced an item we will contact you and offer you the following three options:

1.Placing a new order at the correct price for those goods;
2.Cancelling the whole of your order; or
3.Cancelling your order for the mis-priced goods and reconfirm your order for the correctly priced goods.
If you do not choose one of the 3 available options within 14 days, your order will be cancelled or the under priced item will be removed from your order. If any payment has been made by you, you will be credited back to your original payment method.

If within 14 days of accepting your order we discover that all of the goods are unavailable, we will contact you and advise that we may cancel your order and refund or re-credit you within 7 working days. The refund will be credited back to your original payment method.

If within 7 days of accepting your order we discover that some but not all of the goods are unavailable, we will contact you and offer you the option of cancelling the whole order or amending your order to a substitute alternative. If you do not choose a substitute alternative within 14 days, the unavailable item will be removed from your order and we will deliver the available goods. If any payment has been made by you, you will be credited back to your original payment method.

3. Payment
Payment can be made by any of the options advertised on our website. Payment shall be due before delivery. Failure if payment fails your order will be cancelled.

Goods that have failure to pay or failed payment/s remain the property of CMC Aquatics. If delivery of such goods has been made then the goods are the property of CMC Aquatics and should either be paid for in full within 30 days or returned un-used in original packaging at the customers expence.

Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.

There will be no delivery until clear funds have been received.

4. Delivery
Delivery will be made to the address specified by you when you complete your order.

After the goods have been dispatched from us to the shipping address it cannot be changed.

Orders placed before the specified cut off time will be processed and delivered as per your request, providing further security checks are not required and all goods are available.

If delivery cannot be made to your address for reasons under CMC Aquatics security policies you will be informed as soon as possible.

If you refuse the delivery of your order for reasons under the Distance Selling regulations or you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations, CMC Aquatics will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. By exercising your right to cancel you are required to return the goods to CMC Aquatics. If you fail to return the goods to CMC Aquatics we reserve the right to deduct any costs incurred by retrieving the goods from you.

We make every effort/will be made to deliver the goods as soon as possible after your order has been accepted. However, CMC Aquatics will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this event, CMC Aquatics will inform you of any delay as soon as possible.

Upon delivery/receipt of your order you will be asked to sign for the goods received. If the item appears to be not in good condition then please refuse the delivery. If you are unable to check the contents of your delivery then please sign for the parcel as UNCHECKED. Failure to do so may affect any warranty claims that you make thereafter.

Ownership of an item will not pass to you until we have delivered the item to you (either directly, or by leaving it in a safe place or with a neighbour). When an item is delivered the risk of damage to or loss of the item passes to you.

5. Your right of cancellation
Please note that this policy has some limitations and does not apply to business customers.

You have the right to cancel your contract with CMC Aquatics at any time up to 7 days after you receive the goods, in line with The Distance Selling Regulations. To cancel your contract in this time frame you must notify us in writing or by telephone.

Should you wish to cancel your contract after the goods have been delivered to you, you will be responsible for returning the goods to CMC Aquatics at your own cost unless the goods are faulty or mis-described.

You will be credited for the goods within 30 days of notifying CMC Aquatics of the cancellation.

6. Refund policy
If you are eligible for a refund, we will refund you back to the payment method you used when you originally paid for your order. Please note: It is your responsibility to notify us of any changes to your card details i.e. you no longer have that account. Refunds can take up to 30 days to process.

7. Warranty
All new goods supplied by CMC Aquatics have a warranty period from the date the goods were delivered (unless otherwise). This warranty does not affect your statutory rights as a consumer. If new goods develop a defect during the warranty period, you should contact us either in writing or by telephone.

Please note that the warranty does not apply to ex-display items or cover you for any defects in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturers or suppliers instructions, or any alteration or repair carried out without CMC Aquatics prior written approval.

7.1 Faulty Product
If you receive goods that are faulty on arrival you must notify us within 28 days of receipt of the item either in writing or by telephone.

If the goods are less than 28 days old you have the option of a refund or direct replacement.

If the goods are over 28 days old we will test the product for the fault. If the fault is verified we will:

1.Try to repair the item
2.If we are unable to repair we will replace with the same item
3.If we are unable to replace we will issue a refund.
If the goods you have returned are not found faulty the goods will be returned to you at your cost.

7.2 Products Dead On Arrival
In the unlikely event of you receiving goods that do not work upon arrival with you, you must notify us within 7 days in writing or by telephone.

Once we have received the goods back at CMC Aquatics we will test the product for the fault. If the fault is verified we will either:

1.Replace with the same item
2.Refund in line with our refund policy
If the goods you have returned are not found faulty the goods will be returned to you at your cost.

7.3 Products Damaged On Arrival
In the unlikely event of you receiving a damaged product you should notify us in writing or by telephone within 7 days.

The good should be returned please telephone for instructions.

Once we have received the goods back at CMC Aquatics we will test the product for the fault. If the fault is verified we will either:

1.Replace with the same item
2.Refund in line with our refund policy
If the goods you have returned are not found faulty the goods will be returned to you at your cost.

7.4 Wrong Item Delivered
If, by mistake we supply you with the incorrect item you must notify us within 7 days in writing or by telephone.

Once we have received the goods back at CMC Aquatics we will confirm that it is in fact an incorrect item and either:

1.Replace with the correct item
2.Refund in line with our refund policy

7.5 Item not Required
If you wish to return and unwanted product in line with The Distance Selling Regulation you must notify us in writing or by telephone with in 7 days of receiving the product.

The goods should be returned to us in line with our returns instructions.

You will be responsible for returning the goods to CMC Aquatics at your own cost; you will be credited for the goods within 30 days of notifying CMC Aquatics of the cancellation.

7.6 Extra Items Delivered
If, by mistake we supply you with extra items you must notify us immediately. Goods should be returned to us.

If you do not adhere to this procedure and are found to be in possession of goods that you have not paid for, you will be charged for the goods.

8. Limitation of Liability
CMC Aquatics will not be liable to you for any consequential loss caused by damaged or faulty items, delay in dispatch or delays by carriers, breach of contract or any other way.
CMC Aquatics will not accept any liability involving third party contractors and would advise that no arrangements be made for installation until you are in receipt of your items.
CMC Aquatics total liability for any claim how so ever arising shall not exceed the purchase price of the goods supplied by us to you the customer.

9. Data Protection
CMC Aquatics will take all reasonable precautions to keep the details of your order and payment secure but unless CMC Aquatics is negligent, we will not be liable for unauthorised access to information supplied by you.

10. Images
Product images are for illustrative purposes only and may differ from the actual product.

11. Governing Law and Jurisdiction
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.

Note sales from out side of the UK: CMC Aquatics is not responsible for damage or loss in transit (delivery or return) and it is up to the buyer to arrange any insurance on the goods to cover this.

12. Protecting Your Security
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.

By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

Notes:
1. Sending an email is not a guaranteed way of contacting us due to our spam filters. If you have not had a response to your email within 48hrs not including weekends or holiday periods then please telephone or contact us in writing.
2. Prices on this web site may differ to or are not available in-store.
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CMC Aquatics
1 Miry Lane
Off Wallgate
Wigan
WN3 4AF
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