The following terms and conditions apply to transactions on our website at http://www.reefculture.co.uk/
The placing of an order indicates your acceptance of these terms and conditions.
We will treat each order as a commitment by you to purchase the goods subject to these terms and conditions.
1.1 In these Terms and Conditions ( Terms ), the following words and phrases shall have the following meanings:
1.2 “the Buyer” means the person, firm or company who purchases the Goods from the Company.
1.3 “the Company” means Reef Culture.
1.4 “Contract” means the contract between the Company and the Buyer, which shall be deemed to incorporate these Terms.
1.5 “Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer.
1.6 “Place of Delivery” means the place to which the Goods are to be delivered.
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
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 Buyers 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. ORDERING / DELIVERY.
3.1 The Seller shall use its reasonable endeavors 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.
3.2 Delivery of the Goods shall be made to the Buyers 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.
3.3 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
3.4 The date for delivery shall be arranged by the seller, once full payment has been received.
3.5 All orders for Goods shall be deemed 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 accept an order for any reason.
3.6 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 30 days.
4. PRICE AND PAYMENT.
4.1 The price of the Goods shall be that stipulated on the Sellers current price list and or website. The Price does not include delivery charges. Additional delivery charges are payable for delivery both within and outside the United Kingdom.
4.2 Payment of the Price and delivery charges must be made in full before dispatch of the Goods.
4.3 Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.
5. RIGHTS OF THE SELLER.
5.1 The Seller reserves the right to adjust the price and specification of any item in its current price list.
6. RISK IN AND OWNERSHIP OF THE GOODS
6.1 Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account.
6.2 Until ownership of the Goods has passed to the Buyer, the Buyer shall:
6.2.1 not destroy or deface any identifying mark on the Goods or their packaging;
6.2.2 maintain the Goods in satisfactory condition insured with the Company’s interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money.
7.1 The Company warrants that the Goods are of satisfactory quality.
7.2 If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Company within 48 hours of the discovery of the defect and give the Company a reasonable opportunity to inspect the Goods in question. Any goods damaged in transit must be reported within 48 hours otherwise the Company accepts no responsibility.
7.3 The Company’s liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the price of such Goods.
7.4 The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. We will endeavor to ensure that all goods received by the buyer are a true likeness to the actual photograph shown on the website. Goods may however appear different due to many attributing factors i.e. lighting and living conditions.
8.1 After receiving an order the buyer has seven days to return any damaged or faulty products. Prior to dispatching these goods, the buyer must email or phone the company to notify them.
8.2 Unwanted goods can only be returned with the explicit prior consent in writing from Reef Culture. All unwanted goods must be returned in the manufacturer’s original new condition, unused, complete and with all original packaging, and any free or promotional items that originally accompanied them. All goods being returned remain the risk of the buyer until received by the company and should be adequately packed and insured and sent by secure mail, requiring a signature on receipt. Proof of posting will not be accepted as proof of receipt.
8.3 On receiving the returned goods and providing they are in perfect condition, the company will arrange a refund within three business days.
8.4 Where an item or items are returned as unwanted, not required or wrongly ordered by the purchaser, and said item or items constitute part or all of an original order which exceeded any free delivery threshold applicable at the time of purchase, the companies normal delivery charges will be applied, and deducted from the customer’s refund.
8.5 A written explanation should accompany all goods returned as damaged or faulty and such items may be referred or returned to the manufacturer or their agent/importer whose decision is final.
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 The seller will not be responsible for any delays, damage or losses due to a third parties performance i.e. delays in delivery by contract courier or damage caused by them.
10.1 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.
11.1 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstance outside its reasonable control, but not limited to Acts of God, strikes, lock outs, accidents of war, fire breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitles to a reasonable extension of time to fulfill its obligations.
12.1 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 AND CONDITIONS.
13.1 The Seller shall be entitled 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.