TERMS AND CONDITIONS
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are live fish (“Fish”) or pond supplies (“Goods”).
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Elite Koi Limited, a company registered in England and Wales with company number 10317781. Our address is Heritage House, Armstrong Street, Grimsby, North East Lincolnshire, DN31 1FQ. Our registered VAT number is 349268562.
2.2 How to contact us. You can contact us by telephoning our customer service team at 07561 804263 or by writing to us at email@example.com or Elite Koi, Heritage House, Armstrong Street, Grimsby, North East Lincolnshire, DN31 1FQ.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will depend on how you contact us. If you order via our website, acceptance will take place when you receive the confirmation email. If you order via telephone, acceptance will take place once we communicate to you that we have accepted your order. In both circumstances, a contract will come into existence between you and us at the point of confirmation.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing or by telephone and will not charge you for the product(s). This might be because the product(s) is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 We only sell to the UK. Our website is solely for the promotion of our products in mainland UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
4.1 Fish may vary slightly from their pictures. The images of the Fish on our website are the images of the actual Fish that are available for you to purchase and the actual Fish that you will receive (subject to any changes to your order under clauses 5 and 6.2 below).
4.2 Making sure measurements are accurate. Due to the nature of the product, being live Fish, getting an accurate measurement can be difficult and therefore our measurements are given to within a 2cm tolerance.
4.3 Gender. Determining the sex of Fish can be difficult and therefore whilst we have provided the sex of the Fish as part of the product description, this is to the best of our knowledge and we do not warrant its accuracy. Please bear in mind that we cannot guarantee the sex of the Fish prior to submitting your order.
4.4 Age. Determining the age of Fish can be difficult and therefore where we have provided the age of the Fish as part of the product description, this is an approximate age to the best of our knowledge and we do not warrant its accuracy.
5 Your rights to make changes
If you wish to make a change to the product you have ordered, please contact us as soon as possible. Where you have ordered Fish, this is to avoid any unnecessary stress being placed on the Fish as part of the period of isolation they must undertake before being delivered or collected by you. Acceptance of the change is at our discretion and we will let you know by email if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8).
6 Our rights to make changes
6.1 Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements.
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make changes to the product including offering a suitable replacement where that specific product is not available for whatever reason, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7 Providing the products
7.1 Delivery costs. You must pay the cost of delivery. Whether you have ordered Goods or Fish the cost will, if you are purchasing on our website, be calculated and applied at the checkout, or if you are purchasing over the phone, calculated and communicated to you by our customer service team. This is an indication of the cost of delivery, however this is not necessarily the final costings. The final cost of delivery will be confirmed to you by our customer service team in our email confirmation. We will keep delivery costs reasonable but the cost of delivery will depend on a number of variables such as; breed of Fish, weight, water temperature, size, number of Fish purchased and their value. As the welfare of the Fish is paramount, we will offer the best delivery option to protect the Fish. We advise you that delivery is at your own risk and should you have any issues with the delivery process, you should contact the courier in the first instance.
7.2 Delivery provider. Unless you suggest an alternative, we outsource delivery of Fish to a leading and licensed livestock courier. They will contact you directly regarding delivery. Delivery of Goods will be by courier.
7.3 When we will provide the products. During the order process we will let you know approximately when the products will be provided to you. If you have ordered Fish, an accurate delivery date and time will be confirmed with you by us. We will endeavour to have your products delivered as soon as reasonably possible however please note that all of our Fish undergo a minimum 24 to 48 hour isolation and quarantining prior to dispatch and so delivery may take a little longer if you are purchasing Fish rather than Goods.
7.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.5 Force Majeure. We will not be in breach of our obligations under this contract to the extent that deliveries of products are prevented or delayed by circumstances beyond our reasonable control, including but not limited to fire, explosion, flood, earthquake, adverse weather, war, civil disorder, vandalism, terrorism, epidemics, pandemics, shortage of supplies, strikes and labour disputes or other events constituting force majeure.
7.6 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 10:00 to 16:30 Monday to Saturday(excluding Wednesdays and public holidays whereby we are closed) and 11:00 to 15:00 on Sundays. Please allow at least 3 working days from us confirming your order by email prior to collecting your products if you are purchasing Fish to allow for isolation and quarantining and please telephone ahead to ensure that the products are available for your collection. Unless you have organised the over-wintering service for your Fish (see clause 7.7), please ensure that you organise for the collection of your products, including live Fish, from us within 2 weeks of receiving your order confirmation otherwise further charges will apply.
7.7 Over-wintering service. If you have purchased Fish from us from 1 November to 31 March, you can elect for us to care for your Fish. This service is free of charge should you collect your Fish by 31 March. Any additional days care will be charged at a rate of £5 per day. This service is subject to the following:
7.8 If you are not at home when the product is delivered. You must ensure that someone is at your address to take delivery of Fish and check it over (see clause 11.5). If no one is available at your address to take delivery and you have purchased live Fish, the courier will leave you a note informing you of how to rearrange delivery. Re-delivery will be charged at the delivery cost of £30 per box.
7.9 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery within 24 hours we will contact you for further instructions and may charge you for storage costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.10 When you become responsible for the goods. A product will be your responsibility from the time that delivery of the product to the address you gave us is successful or in the case that you are collecting the product from us and it is live Fish at the point where the Fish has undergone 48 hours isolation and quarantine or where you are collecting Goods from us, 24 hours after receiving confirmation, it is deemed as delivered. A successful delivery at your address is signified by you signing the delivery note presented by the courier at the time of delivery.
7.11 When you own products. You own a product once we have received payment in full. The products become your responsibility upon full payment.
7.12 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your name, address, email address and contact telephone number. If you have not supplied this information via our website, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.13 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). Please note that we will not begin the isolation and quarantine process until we have received payment in full, failure to pay promptly may result in delays in carrying out this process which will in turn result in longer delivery and/or collection times.
8 Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. Where you have purchased live Fish and you have broken the seal on the delivery bag, you no longer have these rights to change your mind. Where you have purchased live Fish, you are instructing us to carry out a service for you in isolating, quarantining and caring for your Fish in preparation for delivery or collection. If you exercise your right to change your mind once we have begun this process (within 48 hours of receiving our email confirmation), we reserve the right to charge you for these services (see clause 9.6).
8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract
9 How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by calling our customer services on 07561 804263 or emailing us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Heritage House, Armstrong Street, Grimsby, North East Lincolnshire, DN31 1FQ or (if they are not suitable for posting) allow us to organise collection of them from you. Please call customer services on 07561 804263 or email us at email@example.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. We charge a reasonable cost for collection.
9.5 How we will refund you. Subject to clause 7.7, we will refund you the price you paid for the products excluding delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
10 Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. Should the product become unavailable for whatever reason, we may write to you to let you know that we are going to stop providing the product. We will refund any sums you have paid in advance for products which will not be provided.
11 If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 07561 804263 or write to us at firstname.lastname@example.org. Alternatively, please speak to one of our staff in-store.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract.
11.3 Caring for your Fish. We are supplying Fish to you and are not providing a service in telling you how to care for that Fish. By paying for the Fish, you are confirming to us that you know how to do this. We may provide indicative guidance on how to care for your Fish but we no liability for the information we provide.
11.4 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting, for the avoidance of doubt, you should not post Fish back to us) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 07561 804263 or email us at email@example.com for a return label or to arrange collection.
11.5 Dead on arrival. If your Fish is dead at the point of delivery, you have the right to reject the product, end your contract with us and receive a full refund. We will require evidence that the Fish is dead on delivery. Please take a picture of your un-opened bag of Fish next to our delivery note/label and email it to us.
12 Price and payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment via all of the major credit and debit cards. If you are ordering via our website, you must pay for the products at the point of placing your order unless you qualify and elect to pay via our easy pay scheme (see clause 12.5 below). If you are ordering via telephone, you must pay for the products upon receiving our confirmation email unless you qualify and elect to pay via our easy pay scheme (see clause 12.5 below). You will be deemed to have accepted these terms and conditions once you have submitted payment or agreed to the terms of our easy pay scheme. Please note that if you are purchasing live Fish, we will not isolate and quarantine them prior to receiving your payment and issuing a confirmation of your order due to not wishing to impose undue stress on the Fish.
12.5 Easy pay scheme. To coincide with the overwintering offer, a lay-by scheme is available on selected koi over £300 or more, you may elect to pay in 4 equal instalments over 4 months to be paid by the 1st of the month. Title to the Fish will remain with Elite Koi until you have paid the final instalment and the Fish must remain at our premises until this final payment has been made. Overwintering terms and conditions apply, see 7.7
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know.
13 Our responsibility for loss or damage suffered by you
13.1 We are not responsible to you for indirect or consequential losses you suffer. To the fullest extent permitted by law, we are not liable whether in contract, tort, negligence, breach of statutory duty or otherwise for any indirect, special or consequential losses whatsoever suffered by you in connection with this contract. Our entire liability under or connection with this contract for all claims, liabilities, losses, damages or otherwise shall not exceed the price of the products you have ordered.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2.
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14 How we may use your personal information
14.1 How we may use your personal information. We will only use your personal information as set out on our website.
15 Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you do not pay on time and we do not chase you but we provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
TERMS OF SERVICE
This website is operated by Elite Koi & Ponds. Throughout the site, the terms “we”, “us” and “our” refer to Elite Koi & Ponds. Elite Koi & Ponds offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Elite Koi & Ponds, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Elite Koi & Ponds and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 4 Sibsey Court Grimsby GB DN379FD.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org