Terms & Conditions

Terms of Use

Definitions
1. When the following words with capital letters are used in these Terms, this is what they will mean:
  Event Outside Our Control: is defined in clause 9.2; Goods: the goods that We are selling to you as set out in the Order; Order: your order for the Goods; Terms: the terms and conditions set out in this document; and We/Our/Us: Aquarius Agriculture a Division of Morgan Hope Industries Limited, a company registered in England with number 2708699 whose registered office is at Units 5 & 6 Blowick Industrial Park, Crowland Street, Southport, PR9 7RU, England
2. When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
Our Contract With You
1. These are the terms and conditions on which We supply Goods to you.
2. Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign and submit the Order. If you think that there is a mistake or you require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
3. When you sign and submit the Order to Us, this does not mean We have accepted your order for Goods. Our acceptance of the Order will take place as described in clause 2.4 If We are unable to supply you with the Goods, We will inform you of this and We will not process the Order.
4. These Terms will become binding on you and Us when We contact you that We are able to provide you with the Goods, at which point a contract will come into existence between you and Us.
5. We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
6. Our website, catalogue and brochure are solely for the promotion of Our Goods in Europe. We may (but are not obliged) accept orders from or deliver to addresses outside Europe and will in such cases confirm whether there is any variation to these Terms, price of the Goods and delivery costs before we confirm the Order.
7. The images of the Goods on Our website or in Our catalogue or brochure are for illustrative purposes only.
Changes To Order or Terms
1. We may revise these Terms from time to time in the event of changes in relevant laws and regulatory requirements relating to the Goods.
2. If We have to revise these Terms under clause 3.1, We will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 10.
3. You may make a change to the Order for Goods at any time before We despatch the Goods by contacting Us. Where this means a change in the total price of the Goods, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 10.1 in these circumstances.
4. If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 10.
Delivery of Goods
1. Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. Deliveries to certain areas or postcodes may require extra time. The price for Goods which are to be delivered to Mainland UK may be inclusive of delivery charges and we will confirm this to You when we accept your order.
2. We will contact you with an estimated delivery date, which will be within 14 days after the day on which we accept your order. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 9 for Our responsibilities when this happens.
3. If you have asked to collect the Goods from Our premises, you can collect the Goods from Us at any time during Our working hours of 9.00 am and 5.00 pm on weekdays (excluding bank holidays).
4. If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver the Order in instalments. We will not charge you extra delivery costs for this.
5. If We miss the 14 day delivery deadline for any Goods then you may cancel your Order straight away if any of the following apply: (a) We have refused to deliver the Goods; (b)delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told Us before we accepted your order that delivery within the delivery deadline was essential.
6. If you do not wish to cancel your order straight away, or do not have the right to do so under clause 4.5, you can give Us a new deadline for delivery, which must be reasonable, and you can cancel if your Order if we do not meet the new deadline.
7. If you do choose to cancel your Order for late delivery under clause 4.5 or clause 4.6, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to Us or allow Us to collect them, and You will pay the costs of this. After you cancel your Order We will refund any sums you have paid to Us for the cancelled Goods and their delivery.
8. Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us or you or a carrier organised by you collect them from Us and the Goods will be your responsibility from that time.
9. You own the Goods once We have received payment in full.
If The Goods Are Faulty
1. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
Seller’s Guarantee Of Goods
1. The Aquarius is packaged in a sealed screw top container. Once opened we cannot be responsible for the contents as life of the product is subject to storage in dry conditions, not below 10°C. When stored in the correct conditions the shelf life of the product should be a minimum of 2 years.
2. Notation shown in 6.1 does not affect, your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Price and Payment
1. The price of the Goods will be set out in Our price list in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
2. These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
3. The prices for the Goods will, unless We have confirmed otherwise on acceptance of our order as per clause 4.1, exclude delivery costs, which will be added to the total amount due.
4. It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, where the Goods’ correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on Our site, We will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Goods to you at the incorrect (lower) price.
5. Where We are providing Goods to you, you must make payment for Goods in advance by credit or debit card. We accept payment with most credit and debit cards identified on our website, catalogue and brochure. Where orders are taken over the telephone will not charge your credit or debit card until We despatch the Goods to you. Payments by cheque or Standing Order will effect despatch as and when funds are cleared.
6. If supplied on credit account and you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
7. However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 7.6 will not apply for the period of the dispute.
Our Liability To You
1. If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract.
2. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3. We do not exclude or limit in any way Our liability for:
  1. death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
  2. fraud or fraudulent misrepresentation;
  3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
  4. breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
  5. defective products under the Consumer Protection Act 1987.
Events Outside of our Control
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
2. An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
3. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
  1. We will contact you as soon as reasonably possible to notify you; and
  2. Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
  3. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under clause 10. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our cancellation rights in clause 10.
Your Rights to Cancel and Applicable Refund
1. Before the Goods are despatched, you have the following rights to cancel an Order for Goods, including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:
  1. you may cancel any Order for Goods at any time before We despatch the Goods by contacting Us. We will confirm your cancellation in writing to you;
  2. if you cancel an Order under clause 10.1(a) and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you and any delivery charges;
  3. unfortunately, if you cancel an Order for Goods under clause 10.1(a) and We have already despatched your Goods to you, We will not be able to cancel your Order until it is delivered or collected. In this case, if you return the Goods to Us, We will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to Us. This will not affect your refund for the Goods themselves, but we will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.
Our Rights To Cancel and Applicable Refund
1. We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. If this happens:
  1. we will promptly contact you to let you know;
  2. if you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you;
  3. where We have already started work on your Order for made-to-measure Goods by the time We have to cancel under clause 11.1(a), We will not charge you anything and you will not have to make any payment to Us.
Information About Us and How To Contact Us
1. We are a company registered in England and Wales. Our company registration number is 2708699 and Our registered office is at Units 5 & 6 Blowick Ind. Park, Crowland Street, Southport, PR9 7RU. Our registered VAT number is 582 1673 30.
2. If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01704 512000 or by e-mailing Us at sales@aquarius4u.com
3. If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Aquarius Agriculture C/o Morgan Hope Industries Limited at Units 5 & 6 Blowick Ind. Park, Crowland Street, Southport, PR9 7RU England, sales@aquarius4u.co.uk. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
How We May Use Your Personal Information
1. We will use the personal information you provide to Us to:
  1. provide the Goods;
  2. process your payment for such Goods; and
  3. inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
2. We will not give your personal data to any third party.
Other Important Terms
1. We may transfer Our rights and obligations under these Terms to another organisation, and We will always tell you in writing if this happens, but this will not affect your rights under the contract or the obligations owed to you under the Contract.
2. This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
3. 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.
4. If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
5. These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

Privacy & Cookies

This website Aquarius Agriculture https://aquarius4u.com (“Our Site”) uses Cookies and similar technologies in order to distinguish you from other users. By using Cookies, We are able to provide you with a better experience and to improve Our Site by better understanding how you use it. Please read this Cookie Policy carefully and ensure that you understand it. Your acceptance of Our Cookie Policy is deemed to occur if you continue using Our Site OR when you press the “accept” button on Our Cookie pop-up. If you do not agree to Our Cookie Policy, please stop using Our Site immediately.

1. Definitions and Interpretation

In this Cookie Policy, unless the context otherwise requires, the following expressions have the following meanings:

“Cookie”	a small file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site
“Cookie Law”	the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”);
“Personal Data”	any and all data that relates to an identifiable person who can be directly or indirectly identified from that data, as defined by the EU Regulation 2016/679 General Data Protection Regulation (“GDPR”)
“We/Us/Our”	Aquarius Agriculture

2. Information About Us

Our Site is owned and operated by Aquarius Agriculture, A Division of Morgan Hope Industries Limited

Our VAT number is 582 1673 30.

Our Company Reg Number is 2708699.

3. How Does Our Site Use Cookies?

Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products AND/OR services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.

By using Our Site, you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. Third party Cookies are used on Our Site for analytics statistics. For more details, please refer to section 4 below.

All Cookies used by and on Our Site are used in accordance with current Cookie Law. We may use some or all of the following types of Cookie:

Strictly Necessary Cookies

A Cookie falls into this category if it is essential to the operation of Our Site, supporting functions such as logging in, your shopping basket, and payment transactions.

Analytics Cookies

It is important for Us to understand how you use Our Site, for example, how efficiently you are able to navigate around it, and what features you use. Analytics Cookies enable us to gather this information, helping Us to improve Our Site and your experience of it.

Functionality Cookies

Functionality Cookies enable Us to provide additional functions to you on Our Site such as personalisation and remembering your saved preferences. Some functionality Cookies may also be strictly necessary Cookies, but not all necessarily fall into that category.

Targeting Cookies

It is important for Us to know when and how often you visit Our Site, and which parts of it you have used (including which pages you have visited and which links you have visited). As with analytics Cookies, this information helps us to better understand you and, in turn, to make Our Site and advertising more relevant to your interests. [Some information gathered by targeting Cookies may also be shared with third parties.]

Third Party Cookies

Third party Cookies are not placed by Us; instead, they are placed by third parties that provide services to Us and/or to you. Third party Cookies may be used by advertising services to serve up tailored advertising to you on Our Site, or by third parties providing analytics services to Us (these Cookies will work in the same way as analytics Cookies described above).]

Persistent Cookies

Any of the above types of Cookie may be a persistent Cookie. Persistent Cookies are those which remain on your computer or device for a predetermined period and are activated each time you visit Our Site.

Session Cookies

Any of the above types of Cookie may be a session Cookie. Session Cookies are temporary and only remain on your computer or device from the point at which you visit Our Site until you close your browser. Session Cookies are deleted when you close your browser.

Cookies on Our Site are not permanent and will expire after a certain period of time.

For more details of the personal data that We collect and use, the measures we have in place to protect personal data, your legal rights, and Our legal obligations, please refer to Our Privacy Policy.

Consent and Control

Before Cookies are placed on your computer or device, you will be shown a popup requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies unless those Cookies are strictly necessary; however certain features of Our Site may not function fully or as intended.

In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

The links below provide instructions on how to control Cookies in all mainstream browsers:
Google Chrome: https://support.google.com/chrome/answer/95647?hl=en-GB
Microsoft Internet Explorer: https://support.microsoft.com/en-us/kb/278835
Microsoft Edge: https://support.microsoft.com/en-gb/products/microsoft-edge (Please note that there are no specific instructions at this time, but Microsoft support will be able to assist)
Safari (macOS): https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac
Safari (iOS): https://support.apple.com/en-gb/HT201265
Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-Cookies-website-preferences
Android: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DAndroid&hl=en
(Please refer to your device’s documentation for manufacturers’ own browsers)

Changes to this Cookie Policy

We may alter this Cookie Policy at any time. Any such changes will become binding on you on your first use of Our Site after the changes have been made. You are therefore advised to check this page from time to time.

In the event of any conflict between the current version of this Cookie Policy and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

Further Information

If you would like to know more about how We use Cookies, please contact Us at sales@aquarius4u.com or by post at

Aquarius Agriculture,
Units 5 & 6 Blowick Industrial Park,
Crowland Street,
Southport,
Merseyside PR9 7RU,
England