Welcome to the Aquaza website.
Terms and Conditions of our Website
These terms and conditions are provided by Aquaza, and set out the terms and conditions under which you may use our website. Your use of this website constitutes acceptance of these terms and conditions. If you do not accept the terms and conditions, then you may not use the website.
These terms and conditions may be revised at any time by us updating the website. Changes to these terms and conditions will be effective immediately when they are posted on the website. We reserve the right to close the website at any time, and to amend or correct any website content, with or without prior notice.
Our Privacy Policy can be found here. Our privacy policy supplements these terms and conditions and by using our website you will be deemed to have read and accepted our privacy policy. We consider and confirm that all and any linked content to other documents and/or areas of our website form part of our Terms and Conditions.
Access to Website Content / Copyright
We are the owner (or licensee) of all copyright, trade marks and all other intellectual property rights in our website or mobile app (as applicable), and in the material and/or content published on it. You are permitted to use such material and/or content only as expressly authorised by us (or our licensors). You acknowledge and agree that the material and/or content published on this website or mobile app (as applicable) is made available for your personal non-commercial use only and that you may only download such material and/or content for the purpose of using this website or mobile app (as applicable). You further acknowledge that any other use of the material and/or content published on this website or mobile app (as applicable) is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and/or content.
You may not systematically extract and/or utilise parts of the content of our website and/or app. In particular, you may not, without our prior written permission:
- redistribute or modify any of the content
- remove any copyright or trade mark notices from any copies of the content
- utilise any data mining, robots or similar data gathering and extraction tools to extract for re-utilisation of any parts of the website
- create a database in electronic or structured manual form by systematically downloading and storing all or any of the content of our website
Terms and Conditions of Sale
The technical steps required to create the contract between you and us for online purchases are as follows:
- You place the order for your products on our Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
- We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from smythstoys.com.
- As your product is shipped from our warehouse we will send you a dispatch confirmation email.
- Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered.
- You will be separately notified in the event that we do not accept your order, or where you have otherwise cancelled your order.
- A contract is formed between us when (and not before) we dispatch your order.
- In the case of goods purchased through our Click & Collect service, a contract is formed between us when (and not before) you collect your items. Your order will not be progressed until we verify payment.
By placing an order with us you agree that:
- Any information provided by you will be true, accurate, current and complete
- You are the authorised holder of any credit or debit card you may use on the website
- You will notify us immediately of any changes to any information you have submitted to the website
- We may collect, store and use information about you in accordance with our Privacy Policy
- You will only use the material on the website for your personal use only, and not for any commercial purpose whatsoever
- By clicking Confirm Order you are confirming your acceptance of these terms and conditions and that you are giving us permission to pre authorise your account upon order and debit your account upon dispatch / collection.
- E-mails sent will be deemed as read, it is your responsibility to ensure that the email address supplied is accurate and capable of receiving our e-mails
- You have read and accept all terms and conditions including in particular the terms in relation to Price and Promotions, Shipping and Delivery, Contract Cancellation, Returns and Refunds and Data Protection.
- Products are for family domestic use only
Resale of our Products
Products are provided for personal, domestic and private use only. Many preferential policies would be applied for customers who desire to distribute our products at least 50 items.
If we reasonably believe that you are buying products from us with the intention of reselling them or in circumstances where it appears that bulk buying, reselling, drop-shipping or repeated orders for the same item/s are occurring, we may:
- refuse to accept your order; or
- cancel your order; or
- accept your order subject to agreeing additional or alternative terms with you (see below); and
- treat your order as though you are buying products in the course of your business.
In such circumstances, any rights that are granted only to a ‘consumer’ under consumer protection legislation shall not apply to you.
Additional and alternative terms which shall apply to such orders shall include:
- Consumer rights to cancel the contract within 14 days shall not apply;
- Our 28 days goodwill returns policy shall not apply;
- If the products are faulty or misdescribed, you may return them to us within 7 days. Where you use our returns service, you shall be charged the postage or other cost of returning any products to us (even where those products are faulty or misdescribed). We shall also charge you a reasonable handling fee for processing your return. Returns received after 7 days will not be processed.
- You will not be permitted to order products which are subject to promotions or special offers.
We reserve the right to vary these terms and conditions at any time but, in respect of any ordered goods, the terms and conditions which apply shall be those which the customer has accepted when an order has been placed. Once an order is placed customers are deemed to have read and agreed to the terms and conditions. Any errors regarding website based information, quotation, price list, acceptance of offer, invoice or other documentation or information issued by us may be subject to correction without any liability on our part.
