1) Definitions of Terms i) Any reference to ‘we’, ‘our’, ‘us’ refers to Howie Koi Dorset. ii) The purchaser, customer, consumer or user of this website or any sales and or service provided by Howie Koi Dorset will be referred to as 'The Customer'. iii) Any reference to ‘you’ refers to The Customer ) The term ‘service’ includes, but is not limited to: i) The use of any Howie Koi Dorset Website ii) Any Howie Koi Dorset Website iii) The ordering/request of any product, return, delivery, shipment, sample, item, credit, invoice, instruction, email. iv) Any purchases made from Howie Koi Dorset 2) General Terms a) The prices/products/offers listed on our website and in our catalogue are meant as an invitation to treat and not a guarantee of sale or a contractual offer. b) Prices and products are subject to change and availability may be limited. c) Images of products are only meant as an indication, the actual colours/appearance of the product compared to the image may vary. d) Howie Koi Dorset will not be responsible for the sending of incorrect goods if orders by email or by telephone do not use product codes. Only specifically stated product codes during the order process will allow The Customer any rights for replacement or refunds of goods sent that were not the goods The Customer intended to order. This does not apply to broken goods or affect any rights granted by statute. e) Whilst we may refund any unused goods at our discretion, you will bear the charge for delivery and costs. This does not apply for goods not listed in our product catalogue or for orders made via our website. f) Howie Koi Dorset accept no liability for any advice given to The Customer, either during an electronic, phone, or face to face conversation. The Customer follows any and all advice strictly at their own risk. g) Some of our products may require specialist installation, we recommend that any goods are used and/or installed by a professional and any instructions followed fully. h) All livestock (live animals/creatures) must be paid for in full upon collection or prior to delivery. i) Whilst Howie Koi Dorset endeavour to ensure all livestock are in good health upon delivery to The Customer and advise that livestock undergo a quarantine period after purchase, Howie Koi Dorset cannot accept any responsibility for damage, illness, fault or death of any livestock after they have been purchased from Howie Koi Dorset by The Customer. j) If The Customer registering with Howie Koi Dorset is a business entity, you represent that you have the authority to legally bind that entity. 3) Delivery a) Our ‘Next Day’ delivery service is a next working day service (weekdays) and is not guaranteed. We endeavour to provide orders by next day but this is not always possible. Howie Koi Dorset will not be liable for any losses due to late deliveries. Howie Koi Dorset strongly recommend that if you need items before a certain date, The Customer should order as early as possible. b) Each time the customer places any order or any request to drop off or pick up any item, including by a third party, Howie Koi Dorset must be given the explicit address that this request applies to. c) Our delivery prices can be found by contacting us. d) Fish Deliveries are despatched from Monday to Thursday. 4) Accounts, Balances and Payments a) All orders must be paid for in full before they will be sent. b) Howie Koi Dorset reserve the right to refuse the sale or dispatch of goods without prior warning or notice if an account has an overdue or unpaid balance. c) Where allowed by statute, Howie Koi Dorset reserve the right to charge interest on any unpaid balances after 30 days. d) Any cheque provided by The Customer that does not clear on first presentation will incur a charge of £30 in order to cover our costs. g) Any charges incurred by Howie Koi Dorset due to the recovery of debt by an outside agency will be paid by The Customer. h) All goods remain the property of Howie Koi Dorset until the goods in question are paid for in full by The Customer. i) Howie Koi Dorset reserves the right to remove any goods from The Customer and/or The Customer's premises that have not been paid for in full 30 days after the sale/provision. 5) Online Stores – Applies to Online Stores, but can also apply to any type of Howie Koi Dorset Service. a) The placement of an order by The Customer shall not be taken as a legal contract. The Customer makes an offer in completing the order/checkout process on our website which will only become a binding contract at the point that Howie Koi Dorset accepts the offer. Automatic/Online payment that has been made does not constitute acceptance. b) Howie Koi Dorset will only have accepted the offer at the point that The Customer's order is notified as 'preparation in progress', 'shipped' or 'delivered'. c) Any notifications that payment has been accepted refers only to the payment process and not to the acceptance of an offer. d) Cancellation of any order will be granted where the product or service has not been carried out or ordered from a manufacturer. If the product is made to order then any costs will be deducted from the payment made.. Where a item is out of stock and the period of delivery is unsatisfactory for the customer then a refund will be offered minus any bank charges occured. 7) Customer Obligations a) The customer agrees that they will not: i) Breach or circumvent any laws, third party rights of Howie Koi Dorset systems or our terms and conditions. ii) Infringe the copyright, trademark or other rights of Howie Koi Dorset or its affiliates. iii) Use Howie Koi Dorset Services if you (The Customer) are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our services. iv) Manipulate the price of any item or interfere with any website listings or services. v) Post false, inaccurate, misleading, defamatory, or libellous content on any Howie Koi Dorset websites. vi) Take any action that may damage or undermine the features designed to allow user feedback on any Howie Koi Dorset website. viii) Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes on any Howie Koi Dorset website or service. ix) Distribute viruses or any other technologies that may harm Howie Koi Dorset or its users on any Howie Koi Dorset website or service. x) Use any robot, spider, scraper or other automated means to access our Services or websites for any purpose. xi) Impose/cause disproportionate activity/traffic to/on Howie Koi Dorset websites/services. xii) Copy, modify, or distribute rights or content from Howie Koi Dorset copyrights and trademarks. xiii) Copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (including images) (except for your information) from our Services without the prior express written permission of Howie Koi Dorset and any appropriate third party, as applicable. xiv) Harvest or otherwise collect information about users, such as email addresses, without their consent from any Howie Koi Dorset website or service. xv) Circumvent any technical measures we use to provide the services and security on any Howie Koi Dorset website. xvi) Distribute, copy or show our trade prices to any person/entity other than the holder of the trade account. xvii) Copy, use, distribute or modify any images or content from our publications or websites without our express consent. b) Important Warning: giving false, misleading or inaccurate information during the use of any Howie Koi Dorset service that causes loss or damage to Howie Koi Dorset may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions. 8) Exclusion of Liabilities a) Howie Koi Dorset shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from: i) Your use of or your inability to use Howie Koi Dorset services; ii) Pricing, postage or other guidance provided by Howie Koi Dorset; iii) Delays or disruptions in our Services; iv) Viruses or other malicious software obtained by accessing, or linking to, our services; v) Glitches, bugs, errors, or inaccuracies of any kind in our services; vi) Damage to your hardware device from the use of any Howie Koi Dorset Service; vii) A suspension or other action taken with respect to your account or breach of our terms and conditions; viii) Deliveries which are later than expected where the cause is reasonable; ix) Your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to these terms and conditions. b) We try to keep Howie Koi Dorset and its services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. 9) Gift Vouchers - This section applies to the sale/purchase/use/acceptance of Gift Vouchers a) Howie Koi Dorset Sterling Gift Vouchers are redeemable against any merchandise in the Howie Koi Dorset store and online at www.howiekoidorset.com. b) Gift Vouchers cannot be used to purchase Gift Cards, Gift Vouchers or to pay debt or delivery charges. c) Multiple Gift Vouchers may be redeemed in the same transaction up to the value of the goods being purchased. d) Gift Vouchers can be exchanged for a maximum cash value of one pence each. e) For purchases in store, where Gift Vouchers offered have a greater value than the goods being purchased, change above £4.99 will be returned as a respectively valued gift card. Any purchases with a gift card that leave change of £4.99 or less will not be awarded the cash value of change in cash unless this is granted solely by a member of staff. f) Gift Vouchers must be submitted upon redemption in store or used at checkout when prompted online. g) Gift Vouchers will expire on the date marked on the Gift Voucher. Gift Vouchers presented after their expiry date will be treated as void and are non-exchangeable and non-refundable. h) Please treat Gift Vouchers as cash in terms of security. Gift vouchers cannot be replaced if lost, stolen, if the unique code is used for an online payment or damaged. i) Gift Vouchers are void if the unique code, Howie Koi Dorset Sales logo or stated value of the gift voucher has been damaged, obscured, covered, altered, ripped or changed in any way. j) Gift Vouchers cannot be returned or refunded, except in accordance with your legal rights. k) Howie Koi Dorset Sales reserves the right to refuse to accept a Gift Voucher which it deems to have been tampered with, duplicated, damaged or which otherwise is suspected to be affected from fraud. Please visit your store to arrange replacements. m) If you have made an online payment with a Gift Voucher (in whole or in part) and you would like to return your purchase, please note that you will be refunded the amount paid by Gift Voucher in the form of an new gift voucher sent by post. n) Howie Koi Dorset Sales reserves the right to change any of these terms and conditions from time to time without notice and to take appropriate action including cancellation of the voucher if, at its discretion, it deems such action necessary. o) Gift Vouchers are issued by Howie Koi Dorset. Registered office: Crumble Cottage, Kingston Russell, Dorchester, Dorset, DT29EE 10) Scope of Agreement – General Statements and Terms a) Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer. b) Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law. c) You will compensate Howie Koi Dorset in full for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of these terms and conditions, your improper use of Howie Koi Dorset Services or your breach of any law or the rights of a third party. d) The Customer's statutory rights are not affected. e) Use of this or any Howie Koi Dorset website or the purchase/use of any goods/services by The Customer shall be considered acceptance of the above mentioned Terms and Conditions. f) Subject to your compliance with these Conditions of Use and applicable Service Terms, Howie Koi Dorset or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable licence to access and make personal and non-commercial use of the Howie Koi Dorset Services. This licence does not include any collection and use of any product listings, descriptions, or prices; any derivative use of any Howie Koi Dorset Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Howie Koi Dorset or its licensors, suppliers, publishers, rights holders, or other content providers. No Howie Koi Dorset Service, nor any part of any Howie Koi Dorset Service, may be reproduced, duplicated, copied, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Howie Koi Dorset without our express written consent. You may not use any Meta tags or any other "hidden text" utilising Howie Koi Dorset names or trademarks without our express written consent. 11) Waiver a) If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use. b) If you breach these Conditions of Use and we take no action immediately, we will still be entitled to use our rights and remedies in the future to the extent allowed by law. 12) Communications a) When you use any Howie Koi Dorset Service or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the website or through the other Howie Koi Dorset Services. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication. b) By holding any account with Howie Koi Dorset you grant us the right to keep any information sent to us through any medium of communication. c) Howie Koi Dorset may forward any emails or letters sent to us to an appropriate third party that Howie Koi Dorset trade with in order to enable us to continue providing our services. d) Howie Koi Dorset reject all statements of email confidentiality and offers to contract regarding email communications privacy. By sending us an email, you grant that we may store your emails and pass them on to relevant third parties. 13) Changes and Amendments to Terms a) We reserve the right to make changes to any Howie Koi Dorset Service, policy, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the Howie Koi Dorset Services. If any of these Conditions of Use are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. 14) Our Contact Details a) Howie Koi Dorset, Kingston Russell, Dorchester, Dorset, DT29EE reserve the right to terminate all contracts, account statuses, correspondence, sales and business relations (except those granted by statute) if the above terms and conditions are breached.
