Terms and Conditions
TERMS AND CONDITIONS
• Definitions
1.1“ Buyer” means the individual, organisation or authority that buys or agrees to buy the Goods from the Seller.
1.2“ Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
1.3“ Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions
1.4“ Goods” means the articles that the Buyer agrees to buy from the Seller.
1.5“ Seller” means Love Corals LTD, Unit 7-8 Lea Hall Enterprise Park, Rugeley, Staffs, WS15 1LH
1.6“ Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and condition agreed in writing by the Seller.
2. Conditions
2.1 Nothing in these Terms and Condition shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts of sale of Goods by the Seller to the Buyer and shall prevail over other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between parties) shall be in applicable unless agreed in writing by the Seller.
3. Price and Payment
3.1 The price of the Goods shall be that stipulated on the Seller’s current price list. The Price does not include delivery charges. Delivery charges may be applied at the discretion of the seller to any and or all deliveries. We only send goods to the mainland of England, Scotland, and Wales. We do not deliver to offshore islands, Ireland, Scottish Highlands, overseas, or to any other location that the seller deems to be remote, inaccessible, or in any other way inconvenient to the seller. Responsibility for checking on delivery charges rests on the buyer, and must be done so before placing an order. At checkout the price displayed includes VAT at the current applicable rate.
3.2 Payment of the Price and delivery charges must be made in full before any dispatch of the Goods can take place.
3.3 The seller reserves the right to amend the price and specification of any item in its current price list.
3.4 All pictures on the website are for illustration purposes only and may differ subject to supplier changes, or other factors.
4. Ordering
4.1 All orders for Goods shall be deemed as an offer by the Buyer to purchase Goods pursuant to these Terms and Condition subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
4.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and give the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 14 days. In terms of some inverts we reserve the right to from time to time substitute when any item is unavailable from our suppliers, and the replacement will always be of equal or higher value and suitable for the task intended.
4.3 Any special order or custom made piece of equipment can only be returned if faulty.
4.4 Gift cards are non transferable and non refundable once issued, and have a cash value of 0.001p.
5. Storage
5.1 Livestock can be stored for upto 7 days, after which time a storage charge may be applied at upto £10 per tank/part tank used. After 28 days we may continue to store at the rate of £10 per tank/part tank used. The number of tanks used is at our discretion.
5.2 At our discretion after 28 days storage any livestock may be treated as cancelled / abandoned, or, continue to be stored at the above rate (see 5.1), as we see fit.
5.3 Any livestock purchased is not eligible for refund if cancelled, or, abandoned.
5.4 Dry goods may be stored for upto 28 days. After 28 days storage charges will be applied. Each standard pallet (900mm x 1200mm x 1500mm(h)), is charged at a minimum of £5 per pallet, or, part pallet, per day.
5.5 At our discretion after 90 days storage any dry goods may be treated as cancelled / abandoned, or, continue to be stored at the above rate (see 5.4), as we see fit.
5.6 We charge for additional deliveries, attempted deliveries, storage, collections, or any other booked service, even if subsequently cancelled. Whether booked by the customer or by ourselves.
5.7 No goods can be collected, or delivered, until paid in full, including any charges applied for storage, or any other fees stipulated at time of sale, agreed afterwards, or, in our terms and conditions. Cleared payment must be made in full at least 7 days before delivery.
5.8 No goods can be collected, or delivered, if there is any outstanding disputes or complaints. We reserve the right to apply fees as per our terms and conditions until any complaint or dispute is resolved. Pending complaints or disputes do not negate any of our rights under any of the other clauses of our terms and conditions.
6. Warranty
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or the condition of the Goods, whether implied by the Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
7. Delivery
7.1 The Seller shall use all reasonable endeavour’s to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party whether directly or indirectly out of any failure to meet the estimated delivery date.
7.2 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all the arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.3 Title and risk of the Goods shall pass to the Buyer upon delivery of the Goods.
7.4 All dry goods must be inspected on receipt and the seller notified within 24 hours of receipt of any damages by phone and verified in writing. All goods should be inspected before signing the delivery company’s paperwork.
7.5 Livestock orders are to be regarded as perishable goods and so not eligible for refund under any circumstances.
7.6 The buyer is responsible for ensuring they have a suitable habitat for any livestock purchased, including, but, not limited to: tank size, compatibility, feeding, skill level required, etc.
7.7 Any livestock purchased is not guaranteed in any way once it has left the premises.
7.8 Any livestock posted out is entirely at the buyers risk, and not eligible for replacement, credit, or, refund, regardless of circumstances. Including, but, not limited to: failed delivery, late delivery, lost in transit, DOA (dead on arrival), variations in size or colour, misidentification of species, or, for any other reason.
8. Cancellation
8.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 2 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so they shall be deemed to have accepted the Goods.
8.2 Where a claim of defect or damage is made the Goods shall be returned to the Buyer by the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact proven defective once they have been inspected by the manufacturer.
8.3 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller within 7 working days of receipt of the Goods, excluded from this are any special order items and any livestock.
8.4 Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. A Buyer will receive a full refund of all monies paid for the Goods (excluding delivery charges, if any) except for return postal charges within 28 days of cancellation. If the Buyer fails to return the goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer. Goods sent to the customer on a free delivery offer and subsequently cancelled / returned by the buyer under consumer law will be liable to a £10 delivery charge which will be deducted from any refund made.
8.5 Abandoned Goods: Any goods returned to us at our premises without documentation included which easily identifies the original purchaser of the goods will be treated as being abandoned to us.
Any order placed and not collected within six months of the original order date will be treated as abandoned.
8.6 When returned Good are found to be damaged due to the Buyer’s fault (including incorrect usage) the Buyer will be liable for the cost of remedying such damage.
8.7 Pictures on the website are purely for illustration purposes, occasionally suppliers change specifications / design.
9. Limitation of Liability
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the value of the Goods and the Seller shall under no circumstance be liable for any direct, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
10. Waiver
No wavier by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its right to do so in the future.
11. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party's obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
12. Severance
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be served and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13. Changes to Terms & Conditions-
The Seller shall be entitles to alter these Terms and Conditions at any time, but this right shall not effect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14. Governance and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereto submit to the exclusive jurisdiction of the English courts.
CHANGES
Section 7 was revised on 21st November 2019, the following terms and conditions only apply to orders placed before 21st November 2019.
7. Delivery
7.1 The Seller shall use all reasonable endeavour’s to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party whether directly or indirectly out of any failure to meet the estimated delivery date.
7.2 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all the arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.3 Title and risk of the Goods shall pass to the Buyer upon delivery of the Goods.
7.4 All goods must be inspected on receipt and the seller notified within 24 hours of receipt of any damages by phone and verified in writing. All goods should be inspected before signing the delivery company’s paperwork.
7.5 We offer a Live Arrival Guarantee for all livestock ordered via our website. The seller reserves the right to withdraw any live guarantee on any delivery, but if so will notify the buyer before dispatch.
7.6 Any losses on livestock must be reported to the seller within 2 hours of the delivery arriving at the address of the buyer by phone, and in writing, with photos of any claimed for items within this same timescale. Any claims lodged after this time will be declined.