In these terms and conditions (“Terms”), “we”, “us” or “our” means Aqavive Pty Ltd. An Australian Company.
Please read through these Terms carefully as they form the agreement under which we will supply products to you purchased online.
1. Orders
1.1 You may place an order with us by completing the order process on our website. We may at our discretion accept or reject an order depending on a variety of factors, including the non-availability of the products ordered or our inability to validate payment for the products.
1.2 Please choose your products carefully. Prices can change at any time and so you should be particularly careful to check the price of the products included in your cart before submitting your order. It is your responsibility to check your order before you submit it.
1.3 We will send you an order confirmation by email when the checkout process is complete. Please keep your order confirmation number safe. Orders will not be shipped until payment has been received in full.
1.4 Once we have sent you an order confirmation, a binding agreement will come into existence between you and us and only these Terms will apply in relation to the supply of the ordered products.
1.5 By placing an order with Aqavive Pty Ltd you confirm that you are over 18.
You agree not to use this website to make fraudulent purchases or speculative enquiries.
2. Availability
We do our best to keep in stock all products that are advertised by us on our website. However, we cannot guarantee availability of stock at all times and reserve the right to withdraw or suspend from sale any products displayed on our website, either temporarily or permanently, at any time without notice to you.
3. Price and Payment
3.1 The price payable by you for a product is the price advertised on our website at the time you place your order. All prices are inclusive of GST/Local Taxes. In addition to the price payable for a product, you will also need to pay any advertised delivery charges. Any delivery charges will be displayed in your shopping cart prior to checkout.
3.2 You must pay the price for each product ordered by you, and any advertised delivery charges, in full at the time of ordering using approved credit cards through the payment gateway specified on our website.
3.3 You confirm you have the authority to utilise the payment method used. Your payment may be declined or otherwise not accepted at any time and for any reason including, without limitation:
(a) where fraud detection systems detect possible irregularities;
(b) because your financial institution has declined payment; or
(c) because your payment card has expired.
3.4 All credit card transactions are secured using Secure Socket Layer (SSL) Encryption to minimise the possibility of unauthorised access or disclosure. No credit card information is stored by our website. We will not be responsible, except to the extent otherwise required by law (including, without limitation, under the Australian Consumer Law), for any loss or damage (whether direct or indirect) suffered by you if your credit or debit card is fraudulently used or is used in an unauthorised manner by a third party.
3.5 If we have provided you with a promotional code, you will need to enter the code at checkout and abide by any additional terms and conditions. Promotional codes cannot be used in conjunction with any other offer or discount. You agree to obtain consent to provide any third party information required for the supply of gift products and gift certificates ordered by you.
3.6 Your tax invoice will be sent to you with your order dispatch confirmation. Your tax invoice is your proof of purchase and may be required for any cancellation or refund requests, or warranty claims.
4. Cancellation of Orders
4.1 We reserve the right to refuse any change of mind returns. Cancellation requests must be emailed. Order cancellations are at the discretion of management and we reserve the right to refuse cancellation of your order. Once an order has been dispatched, it may not be cancelled and can only be returned to us according to the process outlined in section 7 of these Terms of Sale.
4.2 We reserve the right to cancel an order at any time before delivery. If we do so, we will provide you with a full refund, including any delivery charges you may have paid. We will only do this in limited circumstances, such as where:
(a) our manufacturers or suppliers are unable to supply products that they have previously promised to supply or the requested products are otherwise unavailable;
(b) an event beyond our control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that we are unable to supply the products within a reasonable time;
(c) products ordered were subject to an error on our website, for example, in relation to a description, price or image, which was not discovered prior to the order being accepted;
(d) you ask us to cancel your order in accordance with section 4.1;
(e) your payment is not accepted for any reason; or
(f) the order has been placed in breach of these terms and conditions
5. Delivery
5.1 We deliver to all areas in the United States and Australia except for the following Lord Howe Island NSW 2989; Norfolk Island NSW 2899; Cocos Keeling Islands WA 6799; Christmas Island WA 6798; Australian Antarctic Territories TAS 7151. The estimated time for delivery will be between 3 to 10 business days.
5.2 We will send you an email confirming when your order has been dispatched. You will be able to track your order by visiting the Shopify Shipping site (or other nominated freight provider) and entering the tracking number included on your despatch confirmation paperwork.
5.3 Subject to this clause 5, we will deliver to the delivery address specified by you when you place your order. If your delivery address requires updating for any reason after your order has been made, you may be liable for additional delivery charges.
5.4 We may deliver the products using a range of delivery methods. For your security all deliveries must be signed for by you (or an authorised representative). If you (or an authorised representative) are not at the delivery address to take delivery, the driver will leave an Attempted Delivery Advice card at the premises, which details how and when the consignment can be collected. In these circumstances our obligation to deliver the product to you is satisfied when the “Attempted Delivery” card is left at the delivery address.
5.5 You agree and acknowledge that:
(a) events outside our control may cause delays, or in some circumstances, prevent your products from being delivered and we will endeavour to provide you with reasonable notice of any extension to delivery time;
(b) delays are particularly likely to occur around Christmas, Easter and public holidays; and
(c) except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the products to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6. Guarantees and Limitation of Liabilities
6.1 The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the products must be of acceptable quality, reasonably fit for the purpose that we represent they will be fit for and that the products will correspond with any description. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including under the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. If you are a “consumer” under the Australian Consumer Law, the following notice applies to you:
“Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
6.2 In addition to the consumer guarantees, some of our products come with an additional warranty. We will not be liable for any fault, loss or damage occurring due to your failure to adhere to warranty conditions and obligations. If you would like to make a claim under our warranty, please refer to our warranty statement at aquaplenish.com.au and contact our Customer Service Team at service@aquaplenish.com.au.
6.3 Subject to this clause 6 and your rights under the Australian Consumer Law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee that cannot be excluded under the Australian Consumer Law) arising out of or in connection with the products or these Terms (including as a result of not being able to use the products or the late supply of products), or the need to recover, or replace any items used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) no liability is accepted for loss of livestock and plants which may be caused due to damage to an aquarium. It is the responsibility of the customer to ensure any livestock or plants are adequately cared for and protected while using our products and that they are suitable for such use.
6.4 Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products.
6.5 Except to the extent otherwise required by law (including, without limitation, under the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your order information being incomplete or inaccurate or as a result of being unable to change or cancel your order once it has been accepted by us, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
7. Warranty Claims and Returns
7.1 If you seek to return a product under warranty or on the basis that it is not of acceptable quality, reasonably fit for the intended purpose or not matching the description on the site we request that you first contact our Customer Service Team by email at: services@aquaplenish.com. If they are unable to trouble-shoot any easily resolvable issues they will issue a Returned Authority Number, provide the warehouse address and register your order for return of the product and/or provision of proof of damage (e.g. by photograph).
7.2 Returned products must be adequately packaged to ensure they are not damaged in delivery including providing an outer packaging for protection; all original components and parts and any bonus items must also be returned. Incorrect items must be in as new, unused condition suitable for resale.
7.3 Notification of incorrect or missing items must be made promptly. Claims made after 14 days of delivery will not be accepted.
7.4 If a product is damaged on delivery then you should refuse to take receipt of the product and notify our Customer Service Team immediately by email on services@aquaplenish.com. If the damage is discovered after delivery, you must notify us via email within 1 business day and for damaged items include photographs of the item, internal and external packaging and barcodes if applicable. Transit insurance is void shortly after delivery. We may require the damaged item be returned to us.
7.5 For a warranty claim to be valid, the product must be free from damage from misuse and negligent handling and have been correctly serviced and maintained. We are not liable for any warranty claim where the warranty conditions for the item have not been met, where the item has been incorrectly used or installed or modified in any way. Where the item is deemed to be damaged, misused or otherwise faulty due to lack of proper care and maintenance, it will be returned to you after any applicable postage, service fee & non warranty parts costs have been paid by you.
7.6 We generally will not repair products or provide spare parts. Refund or replacement will not occur until the item has been returned to us for inspection and assessment. If you are entitled to a refund, this will be made by the same payment method used to purchase the product.
8. Force Majeure
We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 3 months, we may terminate our agreement with you by giving you 5 business days’ written notice.
9. General
9.1 These Terms form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any terms or conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.
9.2 We may change any provision in these Terms at any time by publishing the change on our website so it is important that even if you are a frequent purchaser from us that you check these Terms whenever you want to purchase products from us. Any change of these Terms will only apply to orders made after publication of the change on our website.
9.3 If any provision of these Terms is invalid, illegal or unenforceable, these Terms take effect (where possible) as if they did not include that provision.
9.4 You agree to provide us with current, complete and accurate details when setting up your Account and/or placing an order. Please refer to our Privacy Policy at aquaplenish.com.au to see how we collect, use and protect your personal information. IP addresses may be logged for orders placed on our website and may be used to verify a transaction with any financial institution involved or to pursue legal action if required due to fraud or other misrepresentations. You agree not to use another person’s details without their permission or impersonate another person when placing orders or using this site.
9.5 These Terms are governed by the laws of Victoria, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
10. Website Content
10.1 Nothing in these Terms constitutes a transfer or license of any intellectual property rights. All content included on this site including, but not limited to, text, trade marks, images and logos is the property of Aqavive Pty Ltd and/or its suppliers. This website located at www.aquaplenish.com is the property of Aqavive Pty Ltd are copyright protected by Australian and international copyright laws. Reproduction in any form of any part of this website, or its contents, is prohibited unless written consent is obtained from us.
10.2 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
10.3 All products purchased through us are sold via description only. Images on this site are as accurate as possible, however in some situations exact product images are unavailable and substitutes are used. Use of your best judgement is required, including reading product titles and descriptions, and contacting us prior to purchasing with any queries you may have.
10.4 Website content is kept as up to date as possible and may change at any time.
10.5 We are not liable for any loss or damage caused by the use of this website, including the failure of all or parts of it.
11. Viruses
We cannot guarantee that any file or program available for download and/or execution from or via this website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release us entirely of all responsibility for any consequences of its use.
12. Third Party Websites
12.1 This website may contain links to third party websites. We are not responsible for the condition or content of these third party sites. You access those websites and/or use the website’s products and services solely at your own risk and with no liability accepted by us for any loss or damage howsoever arising through the use of a third party site. We recommend you read the third party website’s Terms and Privacy Policies.
12.2 The third party links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by Aqavive Pty Ltd of the websites or the products or services provided on the website.
Aquaplenish Customer Services Team
Email: services@aquaplenish.com
