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Terms & Conditions - CMC Aquatics, 1 Miry Lane, Off Wallgate, Wigan, WN3 4AF.
Enquires can be made by: Telephone 01942 495 800 or Email firstname.lastname@example.org
Quoted prices are in G.B pounds sterling and are inclusive of V.A.T.
PLEASE READ THESE TERMS OF SALE CAREFULLY 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, they do not affect your statutory rights.Any order placed by you for goods 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 (we may accept or decline at our discretion). We will send you an automated 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. No contract or acceptance of your offer to purchase will be made between us until we actually despatch an item to you. If for any reason we decline to supply an item to you and you have already paid for it we will give you a full refund. 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:
1.Cancel the whole of your order; or
2.Cancel your order for the mis-priced goods and reconfirm your order for the correctly priced goods. If any payment has been made by you, you will be credited back to your original payment method.
3.Inform you a new order has to be made at the correct price for those goods; If within 7 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.
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 expense. 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.
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 7 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. Items left upon the request of the customer in a place of their choosing without a signature is wholly at heir risk and no claim for damage or lose can be made. If non delivery due to the customer not being in (card left for re-delivery) after 4 days order will be returned to CMC and refund given.
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 30 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 using the returns page 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. You will be credited for the goods within 7 days of CMC Aquatics receiving the cancelled goods. Made to order or cut to size items cannot be cancelled or refunded. Returned goods must be in a resellable condition to obtain a full refund. If goods are not returned in a sellable condition we will only give a refund to the condition of the returned goods. Any product that is made to order or cut to size cannot be cancelled or returned for refund once the order has been dispatched. Order cannot be cancelled once dispatched and in transit.
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 7 days to process.
All new goods supplied by CMC Aquatics have a warranty period from the date the goods were purchased (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, by email 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. The manufacturers warranty period runs from the date of the original purchase of the goods. All products are returned at the customers expence. Any items returned that are not deemed to be a warranty claim will be returned at the cost to the customer.
7.1 Faulty Product
If you receive goods that are faulty on arrival you must notify us within 30 days of receipt of the item either by the returns page in writing or by telephone. If the goods are less than 30 days old you have the option of a refund or direct replacement. If the goods are over 30 days old we will test the product for the fault. (In some cases manufacturers provide specialist telephone help lines for your convenience which we recommend you use in order to correct the fault quickly.)
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 by the returns page 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 by email/returns page in writing or by telephone within 7 days. You may be asked to provided a picture of the damage or we will arrange collection of the product. Damaged products will be:
1.Replace with the same item
2.Refund in line with our refund policy
If the returned goods are not found faulty/damaged 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 by the returns page 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 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. Item not Required
If you wish to return an unwanted product in line with The Distance Selling Regulation you must notify us by the returns page in writing or by telephone with in 30 days of receiving the product.
8.1 Returning goods
The goods should be returned to us, you will be responsible for returning the goods to CMC Aquatics at your own cost. You will be credited for the goods within 7 days of CMC Aquatics receiving & inspecting the returned goods. Goods and packaging should be in as new condition.
9. 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.
10. 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.
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.