Terms & Conditions
Terms and Conditions
- These terms and conditions of supply set out the basis on which we supply any of the goods listed on our website www.aquaholics.org . Please read these terms carefully before ordering any goods from our website as they contain important information. You should understand that, by ordering any of our goods, you agree to be bound by these terms.
- You should print a retain a copy of these terms for your records and for future reference.
- In these terms, unless the context requires otherwise:
"contract" means each contract formed for the supply of goods by us to you, into which these terms shall be incorporated;
"card" means the credit or debit card which you use to make payment for the goods.
- Aquaholics reserves the right to change these terms from time to time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms.
- Our Website is intended for use by people resident in the EU. We do not accept orders from individuals outside the EU.
- By placing an order through our website, you represent and warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years of age;
- you are resident in the EU.
- All orders can be placed either online through the website or by telephone on 028 7083 2584. When you place an order with us online you will be taken through a secure checkout process and up to the point at which you click on 'submit' on the final page of the checkout you are able to add/amend/delete any items that you have placed in your basket.
Acknowledgement and Acceptance of your Order
- If you have supplied us with an email address, we will send you a 'confirmation of receipt of your order' email once you submit your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy goods. Our acceptance of your order and the completion of the contract between you and us will take place upon dispatch to you of the goods ordered and we will confirm such acceptance to you by sending you an email on dispatch of your goods ("confirmation email") and it is at this point that your card will be debited.
- The contract formed will only relate to those goods whose dispatch we have confirmed in the confirmation email. We will not be obliged to supply any other goods which may have been part of your order until the dispatch of such goods has been confirmed in a separate email.
- We aim to fulfill orders within the delivery period set out in the confirmation email, or if no delivery period is specified, then within a reasonable time of the date of the confirmation email, unless there are exceptional circumstances.
- If you are contracting as a consumer, under the Consumer Protections (Distance Selling) Regulations 2000 you have the legal right to cancel a contract within seven working days starting the day after the goods are received. You will receive a full refund of the price paid for the products including the original delivery charge in accordance with our refunds policy.
- Please note that, in relation to swimwear or thermal underwear, the right to cancel a contract only applies while the goods remain unworn.
- To cancel a contract, you must inform us in writing. You must also return the goods to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- Any offers for goods at discounted prices, including those detailed on the website, may be made available from time to time for you to order (subject to our acceptance) for a limited period of time.
- Aquaholics have taken every care in the preparation of the content of this website, and in particular to ensure that (i) prices quoted are correct at time of publishing; and (ii) the goods have been fairly described. However, please note that we may only accept orders if there are no material errors in the description of the goods or their prices as advertised on this website.
- Non-acceptance of an order may be as a result of one of the following:
- One or more of the goods you ordered are unavailable. We will inform you as soon as possible if the goods you have ordered
are not available;
- Our inability to obtain authorisation for your payment. We may contact you to check your card details;
- The identification of a pricing or product description error.
- One or more of the goods you ordered are unavailable. We will inform you as soon as possible if the goods you have ordered
- The prices stated by us at the time we receive your order are the prices you pay except where we discover an obvious error in the price of the goods you have ordered.
- Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation email.
- Our website contains a large number of goods and it is always possible that, despite our best efforts, some of the doods listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of an item is less than our stated price, we will charge the lower amount when dispatching the item to you. If an item's correct price is higher than the price stated on our website, we will inform you as soon as possible after receiving your order and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
- We are under no obligation to provide goods to you at the incorrect (lower) price, even after we have sent you a confirmation email, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
- All prices are displayed on the website in pounds sterling and include VAT at the prevailing rate charged in the UK but exclude delivery costs, which will be added to the total amount due.
- On occasion, the prices payable and promotions offered in respect of goods advertised on the website may differ from those prices and promotions offered at the same time in our shop. We are under no obligation to honour any in-store price or promotion in the event that they differ from those on the website. Similarly, our shop is under no obligation to honour any website price or promotion in the event that they differ from those in-store. Prices that are reduced for sales and promotions are only valid for a limited time. 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.
Method of Payment
- We will not deduct the price from your card until the goods are ready to be dispatched. We may delay dispatch until receipt of authorisation for payment to be taken from the card provided. You can pay using your credit or debit card that either is a VISA, MasterCard, Maestro, Delta or Visa Electron card.
- We are unable to accept payment by laser card over the phone and online.
- Card fraud is illegal and will lead to prosecution in all cases.
- Where any of the goods contained within an order are out of stock, we will contact you to explain the situation and confirm whether you would like to either cancel the whole order or whether you would like us to process a new order for goods that we have in stock.
- Ownership of the goods you order on the website shall pass to you on delivery provided that we have processed and received payment in full for such goods. Risk of loss or damage to the goods shall pass to you at the time the goods are delivered.
- We offer a standard delivery and a next day delivery service.
- The standard delivery usually takes 1-3 working days for your goods to arrive, from receipt of your order. We make every effort to deliver goods within the estimated timescales; however delays are occasionally inevitable due to unforeseen factors. Aquaholics shall be under no liability for any delay or failure to deliver the goods within the estimated timescales.
- Please note that on delivery our carriers may need to obtain a signature from you. If a signature is required, our carriers will not be able to deliver Goods without such signature.
- Delivery charges:
- The delivery charges are applied according to a simple banding structure based on the value of your total basket. There is only one delivery charge per order.
- Our current charges inclusive of VAT at the prevailing rate charged in Ireland/UK per order are:
- £5.00 delivery charge on orders of less than £20.
- free delivery on orders of more than £20.
- orders of lead under £50 will be subject to delivery charge, please contact us for info.
- orders of lead over £50 will have free delivery.
Tracking your Order:
- Once your goods have been dispatched you will receive an e-mail confirming that they are on their way (and if with courier - a tracking number to allow you to track your order). Your goods will be delivered by one of two methods depending on the size of the parcel:
- (i) Royal Mail (for all small parcels that can be easily posted to you);
- (ii) DPD (will require proof on delivery signature service for all orders).
Warranty and Liability
- We warrant to you that any goods purchased from us through our website are of satisfactory quality and reasonably fit for all the purposes for which goods of the kind are commonly supplied.
- Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the goods you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
- Nothing in these terms excludes or limits our liability for:
- death or personal injury caused by negligence;
- fraudulent misrepresentation;
- under section 2 of the Consumer Protection Act 1987;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979;
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- We shall not be liable, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
- loss or profit; or;
- loss of goodwill; or
- loss of anticipated saving; or
- special, indirect or consequential damage suffered by you that arises under or in connection with this agreement.
- In the absence of any negligence other than breach of duty by Aquaholics, your use of any goods other than in accordance with their operating manuals
and/or instructions is entirely at your own risk.
- We have selected our goods on the basis that they will be used for recreational use only. If you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the goods in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the goods shall be limited to the replacement value of the item in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item, nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
- Please note that the colours of the goods are as accurate as the website allows, as the actual colours you see will depend on your monitor. We cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the goods on delivery.
- We aim to deal with all complaints as effectively as possible. Our complaints handling procedure is designed to be fair, confidential, easy to use, speedy and informative. If you wish to make a complaint please contact us either:
- By email at firstname.lastname@example.org
- By post please write to us with your complaint to: Aquaholics 14 Portmore Road Portstewart Northern Island BT55 7BE.
- Please provide full details of the nature of your complaint, including the goods purchased, your order number, your name, address, daytime telephone number, email address and any other information which you think will assist us in resolving your problem as quickly as possible.
Sale of Knives and Bladed Articles
- It is an offence for any person under the age of 18 years to purchase most kinds of knives. We shall only supply dive knives and related equipment to customers over the age of 18 years. The sale of knives and bladed articles are regulated by law and subject to these terms.
- We reserve the right to refuse the sale if we have reasonable cause to believe you are below the age of 18 years, or if we believe that the supply of goods to you may infringe the law or present an unacceptable potential risk to the safety of others.
- Our main goal is to promote the safe use of the specialist tools and for this reason we always take steps to ensure that our knives and tools are promoted in a responsible manner.
- Aquaholics will make every effort to deliver goods and provide our services within a reasonable time and to comply with our obligations under these terms, but we cannot be held responsible for delays or failures due to adverse weather; fire; flood or other natural disaster; traffic delays or failure of transport; mechanical breakdowns; strikes or other industrial action, or any other circumstances beyond our reasonable control.
- If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- All notices given by you to us must be given to Aquaholics 14 Portmore Road Road Portstewart BT55 7BE Northern Island or email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
- If any of these terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- A person who is not party to this agreement shall have no right under the contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This condition does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
- These terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms.
- Each Contract and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.