ANCHOR AQUATICS TERMS & CONDITIONS

Company Details

Anchor Aquatics

15 Trevarnon Lane

Connor Downs

Hayle TR27 5DL

 

Terms and Conditions

 

1. Overview

1.1 This website is operated by Anchor Aquatics. Throughout the site the Terms ‘We’, ‘Us’ and ‘Our’ refer to Anchor Aquatics. Our products and services are offered to you on the condition of your acceptance of all Terms, Conditions and Policies referred to on this website.

1.2 Please read these Terms and Conditions carefully before accessing or using Our website. By accessing or using any part of this site, you agree to be bound by all these Terms and Conditions.

1.3 Our Terms and Conditions comply with UK legislation and are designed to ensure that Our customers can shop with confidence with Anchor Aquatics.

1.4 We reserve the right to update, change or replace any part of these Terms and Conditions by posting changes to this website. It is your responsibility to check these Terms, Conditions and Policies regularly for any changes or updates.

2. Information Accuracy

2.1 All information on this website is as accurate and up-to-date as possible. It is provided for reference purposes only. However, We cannot guarantee the reliability or the accuracy of the information contained within its pages.

2.2 All the actions taken by the user of this website are the responsibility of the individual.

2.3 The content of this website maybe modified and updated at any time. We reserve the right to suspend or discontinue any product or service without notice.

3. Store Terms

3.1 By agreeing to these Terms and Conditions you are indicating to Us that you are at least 18 years old.

3.2 You must agree not to reproduce, duplicate, copy, sell or exploit any of the content or services of this website – www.anchoraquatics.co.uk

4. Pricing

4.1 All prices are in GB pounds sterling and are inclusive of VAT (currently at 20%) but exclusive of delivery. Delivery prices can be found in our delivery policy.

4.2 In the event that a product is listed at an incorrect price due to typographical error or error in pricing, we shall have the right to refuse or cancel any orders listed at the incorrect price.

5. Order Acceptance

5.1 By purchasing an item from Our website you acknowledge and accept Our Terms and Conditions.

5.2 Your contract with Us starts once We have accepted and dispatched your order. After reviewing your checkout basket and confirming your purchase, your order remains subject to acceptance by Us.

5.3 We reserve the right to cancel and refund your order without notice, in which case we will email you as soon as possible to let you know at the email address associated with your account.

5.4 Confirmation of your order and notification of dispatch will be sent to the email address associated with your account.

5.5 Warranty periods commence from the invoice date - not the date that goods are first used.

5.6 * We offer free delivery for qualifying orders over £40 to mainland UK. All items will be sent as soon as all items are in stock. We will notify you by email should an item become unavailable from our supplier. Larger products sent via pallet delivery may be excluded from this offer. We reserve the right to remove or change this offer at any time.

6. Returning Unwanted Items

6.1 If you wish to return an item due to it being unwanted, you must notify us as soon as possible please.

You have 28 days from the date of receipt to return goods at your own expense.

Exceptions: any made to order, food product items, consumables, or items including fluorescent glass tubes and bulbs.

6.2 We suggest, for your own protection that you send all returns via registered post or a tracked service.

6.3 All goods must be returned in an unused, in original ‘as new’ condition and in the original packaging.

6.4 Goods must be returned in full pack quantities. We cannot offer any refunds on partial packs.

6.5 If goods need to be returned for any reason please contact us first by email anchoraquaticstropicalfish@outlook.com before returning any items.

6.6 Returned goods received without a paper copy of the invoice will be treated as abandoned to us.

6.7 We may make a deduction from your refund for any loss in value of the goods supplied if the loss is the result of unnecessary handling by you. For example using the goods prior to cancellation.

6.8 We may make a deduction from your refund where goods have been sent out but incurred no original carriage cost on your original order by you to the value not in excess of 20% of the goods returned to us.

6.9 If you refuse delivery due to change of mind you will be liable for all delivery charges, both delivery and return, also see 6.8 above

6.10 We at Anchor Aquatics understand that sometimes items are ordered in error. With that in mind we are happy to issue a credit note/gift card to use for future purchases.

7. Damage to your computer or device

7.1 We try to ensure that this website is free from viruses or defects, however, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your device.

7.2 It is your responsibility to ensure the right equipment is available to use this website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment or other devices as a result of using this website.

8. Ordering Errors

8.1 You are able to correct errors on your order up to the point on which you click on ”submit” during the ordering process. 

9. Deliveries

9.1 To place an order you will be asked to provide a valid email address so we can send you a confirmation email as soon as your order has been dispatched. This helps you to know when your delivery will be made.

9.2 We aim to dispatch the items you ordered as soon as practicably possible. We shall not be liable for any loses, costs, damages, charges or expenses caused by any delay.

9.3 Any dates we specify for delivery of goods are approximate. If errors are made by us or our suppliers we will find an outcome that is suitable for you using our best endeavours.

9.4 We cannot deliver items in the same order to multiple addresses. If you require this, please place separate orders for each address. Each order will be subject to our delivery policy.

9.5 If an item you have ordered becomes permanently unavailable or discontinued, we will contact you via email.

9.6 We will not deliver to an address outside the UK.

9.7 Orders containing large items cannot be delivered to the Scottish Highlands, Scottish Isles, Northern Ireland or Offshore Islands. Smaller orders to these destinations may take an additional 2 days to arrive.

9.8 Orders containing large items such as aquariums will take additional time to arrive as they are sent by a third party supplier.

9.9 Some large items like aquariums will have a separate charge to help offset the cost of a pallet delivery.

9.10 Some orders will incur a separate charge based on the postal code provided.

9.11 No responsibility can be accepted by Us for broken items once an item is delivered to you and the delivery driver has left – therefore please check fragile items BEFORE the delivery driver leaves your premises.

9.12 Please do not sign ‘unchecked’ for deliveries. Signing ‘unchecked’ does not alter any delivery terms or provide additional consumer protection outside of standard rights.

9.13 Tracking information will only be provided on request. Parcels will only be deemed lost if we do not have valid proof of delivery tracking information.

9.14 After the delivery driver leaves, you have accepted delivery of the goods. We will therefore not accept any liability for damages claimed after this point.

9.15 All claims for damages or order shortages must be notified by email with photographs of the item and the packaging on the day of arrival. We aim to send all items in the condition specified in the listing.

9.16 If an item arrives damaged we expect delivery to be refused.

9.17 All orders are photographed prior to dispatch from Anchor Aquatics.

9.18 However, please note that if you request the goods are left without a signature and the courier does so, they will be left entirely at your own risk, and we will not be responsible for any loss or damage under any circumstances, and there will be no exceptions

 

 10. Pallet Deliveries

We use Logic Distribution to deliver glass aquariums. They are specialist aquarium couriers who safely transport and insure your new aquarium. There is a small fee of £24.99 for this service.

10.1 Any items that arrive on a pallet must be checked over before signing and any faults or damages must be noted with the signature or acceptance of the order.

10.2 We recommend refusing a damaged delivery, this is the fastest resolution.

10.3 Deliveries will generally be delivered ‘kerbside’ so you will need to make arrangement to move large items into your premises yourself.

10.4 Drivers are not insured to transfer aquariums or other large items into your home.

10.5 You must ensure that you are able to accept kerbside delivery of pallets and have the capability to handle heavy items into your premises.

10.6 We accept no responsibility for mis-delivery due to inability to accept delivery, nor liability for re-delivery fees incurred.

10.6a Live fish cannot be returned and if you do not accept delivery, we are not liable for any refunds.

10.7 We reserve the right to pass on any additional delivery fees incurred as a result of failure to adhere to these terms.

10.8 Our pallet delivery companies charge per delivery attempt both outbound and return. If you are not present to accept delivery on the agreed date, cancel or reject delivery once a pallet delivery has been released, or provide any incorrect details that lead to a failed delivery attempt, you will be liable for any charges incurred by us from the pallet company including but not limited to the costs of the outbound shipment and cost of the return shipment where applicable. This may take the form either of an additional charge in the case of a re-delivery attempt, or a deduction from any applicable refund in the event of cancellation.

10.9 If an item arrives damaged we expect delivery to be refused.

11. Non Receipt of Delivery

11.1 In the event of non-receipt of delivery that results in the items being returned to Us, you, the customer, will be liable for any extra delivery charges for the items to be sent out for delivery again.

12. Incorrect Delivery Address

12.1 To ensure we successfully deliver the items to the address our customers supply, please ensure you supply Us with the full and correct delivery address and contact details.

13. Different Delivery Address

13.1 If you require delivery to a separate address please ensure this is accurate.

 

14.* Free Deliveries / Delivery Costs

14.1 Free delivery on orders over £40

  • Orders under £40 from £3.99

  • We aim to dispatch as soon as possible - normally by Parcel Force, however please allow 1 - 5 working days.

15. Liability Disclaimer

15.1 Anchor Aquatics cannot accept any liability for any damage to property, personal injury or any other losses resulting from the use of products purchased from us.

16. Faulty Items

16.1 Items that have developed faults within the warranty period will be required to be tested by our supplier to verify the fault and to identify any repairs that can be made. Anchor Aquatics will refund the postage cost of proven faulty goods sent back to our warehouse for testing.

 16.2 If a product is returned as faulty but no fault is found, or the fault found is not covered under the manufacturer's warranty (including but not limited to wear and tear parts such as impellors) the customer will be liable for the costs incurred by Anchor Aquatics including all delivery fees, both delivery and return.

 16.3 In the event that no fault is found and the customer requests return of item, Anchor Aquatics cannot accept any liability for damage occurred whilst returning the item to you.

 

17. Glass Aquariums

17.1 Glass aquariums must be installed as per specific manufacturers instructions on a purpose built aquarium cabinet or stand, or other suitable flat and even surface without bumps and with a surface footprint at least same or larger than the footprint of the aquarium. Any screws in the surface that sit underneath the aquarium must not protrude above the surface of the stand / chosen surface.

17.2 If your aquarium is found to have been installed on an unsuitable stand or cabinet, or installed on an undersized surface this will void your warranty.

17.3 Glass aquariums cannot be moved with anything in them. This includes, substrate, ornaments or water. They are only designed to contain any weight while safely installed in position.  If your aquarium is found to have been moved whilst in these circumstances, this will void your warranty.

Please ensure your aquarium, cabinet and stand are installed perfectly level from front to back and side to side. This will reduce any unnecessary stress to your aquarium. Remember 1 litre of water = 1 kg weight.

17.4 This guarantee excludes aquarium breakage due to misuse, chips, stress cracks caused by improper support or other breakage. This guarantee is valid only under normal operating conditions for which the unit is intended. It excludes any damage caused by unreasonable use, negligence, improper installation, tampering, abuse or commercial use.

17.5 The warranty does not cover wear and tear or parts which have not been adequately or correctly maintained. This does not affect your statutory rights.

Your aquarium warranty may vary depending on model or size. Please see the manufacturer’s warranty booklet for further information.

 

18. Cookies Policy

18.1 We use cookies and/or similar technologies to analyse customer behaviour, administer the website, track users’ movements, and to collect information about users. This is done in order to personalise and enhance your experience with us.

18.2 A cookie is a tiny text file stored on your computer. Cookies store information that is used to help make sites work. Only we can access the cookies created by our website. You can control your cookies at the browser level. Choosing to disable cookies may hinder your use of certain functions.

We use cookies for the following purposes:

18.3 Necessary cookies – these cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don’t collect any personal information.

18.4 Functionality cookies – these cookies provide functionality that makes using our service more convenient and makes providing more personalised features possible. For example, they might remember your name and e-mail in comment forms so you don’t have to re-enter this information next time when commenting.

18.5 Analytics cookies – these cookies are used to track the use and performance of our website and services

18.6 You can remove cookies stored in your computer via your browser settings. Alternatively, you can control some 3rd party cookies by using a privacy enhancement platform such as optout.aboutads.info or youronlinechoices.com. For more information about cookies, visit allaboutcookies.org.

18.7 We use Google Analytics to measure traffic on our website. Google has their own Privacy Policy which you can review here. If you’d like to opt out of tracking by Google Analytics, visit the Google Analytics opt-out page.

19. Payments

19.1 We accept payments through PayPal, Clear Pay and Apple Pay and most major credit and debit Cards. When processing payments, some of your data will be passed to these companies, including information required to process or support the payment, such as the purchase total and billing information.

19.2 Please see the PayPal, Clear Pay, Apple Pay or your specific Card Privacy Policy for more details.

20. Contact Information

Anchor Aquatics only processes your personal information in compliance with this privacy notice and in accordance with the relevant data protection laws. If, you wish to exercise your rights as specified in this notice, raise a complaint regarding the processing of your personal data or are unsatisfied with how we have handled your information, please contact us at:

Anchor Aquatics, 15 Trevarnon Lane, Connor Downs, Hayle, Cornwall. TR27 5DL

Email: anchoraquaticstropicalfish@outlook.com

Tel: 01736 448608

ANCHOR AQUATICS PRIVACY POLICY

This privacy policy applies between you, the User of this Website, and Anchor Aquatics, the owner and provider of this Website. Anchor Aquatics takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.

This privacy policy should be read alongside, and in addition to, our Terms and Conditions, which can be found at: www.anchoraquatics.co.uk.

Please read this privacy policy carefully.

Definitions and interpretation

1. In this privacy policy, the following definitions are used:

Data collectively all information that you submit to Anchor Aquatics via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;

Cookies a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);

Data Protection Laws any applicable law relating to the processing of personal Data, including but not limited to the GDPR, and any national implementing and supplementary laws, regulations and secondary legislation;

GDPR the UK General Data Protection Regulation;

Anchor Aquatics, we or us Anchor Aquatics of 15 TREVARNON LANE, CONNOR DOWNS, HAYLE, Cornwall, TR27 5DL;

UK and EU Cookie Law the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 & the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2018;

User or you any third party that accesses the Website and is not either (i) employed by Anchor Aquatics and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Anchor Aquatics and accessing the Website in connection with the provision of such services; and

Website the website that you are currently using, www.anchoraquatics.co.uk, and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. In this privacy policy, unless the context requires a different interpretation:

a. the singular includes the plural and vice versa;

b.references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;

c.a reference to a person includes firms, companies, government entities, trusts and partnerships;

d."including" is understood to mean "including without limitation";

e.reference to any statutory provision includes any modification or amendment of it;

f.the headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy

3. This privacy policy applies only to the actions of Anchor Aquatics and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

4. For purposes of the applicable Data Protection Laws, Anchor Aquatics is the "data controller". This means that Anchor Aquatics determines the purposes for which, and the manner in which, your Data is processed.

Data collected

5. We may collect the following Data, which includes personal Data, from you:

a.name;

b.contact Information such as email addresses and telephone numbers;

c.IP address (automatically collected);

d.web browser type and version (automatically collected);

in each case, in accordance with this privacy policy.

How we collect Data

6. We collect Data in the following ways:

a.data is given to us by you; and

b.data is collected automatically.

Data that is given to us by you

7. Anchor Aquatics will collect your Data in a number of ways, for example:

a.when you contact us through the Website, by telephone, post, e-mail or through any other means;

b.when you register with us and set up an account to receive our products/services;

c.when you make payments to us, through this Website or otherwise;

d.when you elect to receive marketing communications from us;

e.when you use our services;

in each case, in accordance with this privacy policy.

Data that is collected automatically

8. To the extent that you access the Website, we will collect your Data automatically, for example:

a.we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.

b.we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed "Cookies".

Our use of Data

9. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:

a.internal record keeping;

b.improvement of our products / services;

c.improvement of our products / services;

d.transmission by email of marketing materials that may be of interest to you;

in each case, in accordance with this privacy policy.

10. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).

11. For the delivery of direct marketing to you via e-mail, we'll need your consent, whether via an opt-in or soft-opt-in:

a.soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under "soft opt-in" consent, we will take your consent as given unless you opt-out.

b.for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide.

c.if you are not satisfied with our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed "Your rights" below.

12. When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

Who we share Data with

13. We may share your Data with the following groups of people for the following reasons:

a.third party service providers who provide services to us which require the processing of personal data - wholesalers and couriers may be required to dispatch and deliver goods and to test faulty items;

b.third party payment providers who process payments made over the Website - to enable third party payment providers to process user payments and refunds;

c.relevant authorities - to facilitate the detection of crime or the collection of taxes or duties;

in each case, in accordance with this privacy policy.

Keeping Data secure

14. We will use technical and organisational measures to safeguard your Data, for example:

a.access to your account is controlled by a password and a user name that is unique to you.

b.we store your Data on secure servers.

15. We are certified to our own in house. This family of standards helps us manage your Data and keep it secure.

16. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: anchoraquaticstropicalfish@outlook.com.

17. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

Data retention

18. Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.

19. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

Your rights

20. You have the following rights in relation to your Data:

a.Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.

b.Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.

c.Right to erase - the right to request that we delete or remove your Data from our systems.

d.Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.

e.Right to data portability - the right to request that we move, copy or transfer your Data.

f.Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.

21. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: anchoraquaticstropicalfish@outlook.com.

22. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.

23. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.

Links to other websites

24. This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

25. Anchor Aquatics may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Anchor Aquatics. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

26. We may also disclose Data to a prospective purchaser of our business or any part of it.

27. In the above instances, we will take steps with the aim of ensuring your privacy is protected.

Cookies

28. This Website may place and access certain Cookies on your computer. Anchor Aquatics uses Cookies to improve your experience of using the Website and to improve our range of products. Anchor Aquatics has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.

29. All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.

30. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Anchor Aquatics to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.

31. This Website may place the following Cookies:

Strictly necessary cookies These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.

Analytical/performance cookies They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). By using the Website, you agree to our placement of functionality cookie.

32. You can find a list of Cookies that we use in the Cookies Schedule.

33. We give you control over which Cookies we use. You can adjust your cookies preferences at any time at: https://toucan-pug-bd64.squarespace.com/terms-and-conditions.

34. You can also choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please see the help menu in your internet browser. You can switch off Cookies at any time, however, you may lose any information that enables you to access the Website more quickly and efficiently.

35. You can choose to delete Cookies at any time; however, you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.

36. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

37. For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.

General

38. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

39. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.

40. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

41. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.

Changes to this privacy policy

42. Anchor Aquatics reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations. You may contact Anchor Aquatics by email at anchoraquaticstropicalfish@outlook.com.