Terms & Conditions

 

Definitions

“We”, “us” “our” refers to Aquatic Supplies Australia Pty Ltd and/or its suppliers.

“You”, “your” refers to the buyer, purchaser, customer or other such users of this site.

"Aquatic Supplies Australia Pty Ltd", "Aquatic Supplies Australia" and "Aquatic Supplies" refers to and includes all directors, staff, suppliers, contractors and any/all others connected to Aquatic Supplies Australia Pty Ltd.

"Courier", "Carrier" "Postage" "Postal Service" or similar refers to any third party delivery company/provider used to ship your order.

"Terms", "Conditions", "Terms and Conditions" "T's & C's" all refer to this agreement in whole and include the Privacy Policy.

General

The terms and conditions apply to users of Aquatic Supplies Australia's website and phone ordering service.

The terms and conditions also include the privacy policy.

By using this site, you accept and agree to these terms and conditions. The terms and conditions are subject to change at any time without notice. Continued use of this site construes your acceptance of any changes to the terms and conditions. It is your responsibiity to ensure you are up to date with the terms and conditions which include the privacy policy.

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.  Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

 

Privacy Policy

Please click here.

Disclaimer

Aquatic Supplies Australia Pty Ltd will not be liable for any indirect, incidental, or any other cause for damages or loss including but not limited to loss of income, loss of use, loss of property, loss of business or profits howsoever arising and whether caused by tort (including negligence), breach of contract, delayed delivery, transit damage or otherwise. Purchase and use of any product or item available through Aquatic Supplies Australia is done so at your own risk.

To the extent permitted by applicable law, Aquatic Supplies Australia Pty Ltd disclaims all warranties, express or implied, including but not limited too, fitness for a particular purpose.

To the extent that Aquatic Supplies Australia Pty Ltd may be liable for a breach of a condition of Competition and Consumer Act 2010 (previously the Trade Practices Act 1974) the maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.

Legal

Any transactions performed on or through this website and all legal aspects associated with this website will fall under the jurisdiction of the laws of the Australia Capital Territory, Australia, except where we, at our discretion, choose to commence or pursue legal matters in other jurisdictions.

By placing an order with Aquatic Supplies Australia you confirm that you are over the age of eighteen (18) years or that you have permission from your parent/guardian prior to placing any orders.  Should Aquatic Supplies Australia Pty Ltd suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused the damage or loss.

By placing an order with this site you are entering a binding contract to purchase the items. You confirm you have the authority to utilise the payment method used.

In the event of a PayPal claim or Chargeback, where the goods have been delivered, we reserve the right to recover any lost funds through debt collection/recovery services if we deem the PayPal claim or chargeback to be in error or fraudulent. Your use of this site is consent to your data being provided to debt collection/recovery providers as required.

IP addresses are logged for all orders placed and may be used to verify a transaction with any financial institution involved or to pursue legal action if required.

Statutory conditions and warranties do apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. Further information about your rights as a consumer is available at the ACCC website www.accc.gov.

Website/Content/Copyright

All content included on this site including, but not limited to, text, images and logos is the property of Aquatic Supplies Australia Pty Ltd and/or its suppliers. This website located at www.aquaticsupplies.com.au and www.aquaticsuppliesaustralia.com.au owned and operated by Aquatic Supplies Australia Pty Ltd, is copyright protected by Australian and international copyright laws. Reproduction in any form of any part of this website is prohibited unless written consent is obtained from Aquatic Supplies Australia Pty Ltd.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

Images and product descriptions 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. No liability is accepted in any form for failure to use your best judgement prior to product purchase.

We may change or add content to this website including our Terms and Conditions and Privacy Policy at any time without notice. We are not liable if errors occur in the information provided or if the information is not up to date on the Aquatic Supplies Australia Pty Ltd website. We are not liable for any loss or damage caused by the use of this website, inlcluding the failure of all or parts of it.

Method of Payment

We accept payment via Paypal, Visa, MasterCard, Bank Deposit/Transfer, Cheques and Money orders. Paypal payments attract a 3% surcharge.

Payment is due at the time of order placement. All credit card transactions are secured using 1024 Bit Secure Socket Layer (SSL) Encryption. No credit card information is stored by this site. All credit card information is processed by third party merchant, eWay, and therefore complies with their strict privacy and security policies.

Some payment types may take up to 5 business days to clear; Cheques and Money orders may take up to 2 weeks to arrive and be processed; orders will not be shipped until payment has been received in full.

Refunds and/or Exchanges.

Due to the nature of some items, any product deemed sensitive by us, including but not limited to, chemicals, additives, liquids, degradable items, light bulbs/tubes, foods, and/or medications are sold on a strict no refund or exchange policy.

Items must be returned within 7 days of receipt with return shipping at the buyers’ expense. Cash on Delivery (COD) will be refused.

Prior notice must given to Aquatic Supplies Australia Pty Ltd via email for any exchange or return. For an exchange or store credit the item must be in an as new/unused condition. Once the returned item has been received we will process an exchange, refund or store credit at our discretion.

Under no circumstances will a replacement, refund, or credit be given if the products received are used, worn, washed, soiled, damaged and/or without the original packaging unless the item is deemed to be faulty/claimable under warranty or a claim for damage upon arrival has been lodged within 24 hours of receipt.

Once the goods have been received by Aquatic Supplies Australia Pty Ltd a replacement, credit note, exchange or refund will be issued at our discretion after product assessment.

We reserve the right to charge a 10% restocking fee on exchanged items.

We reserve the right to refuse to exchange any item.

Where an exchange, refund or credit note is refused on a returned item, the item will be returned to you after return postage costs have been paid by you.

Refunds, exchanges, or credits cannot be given for sale items, special order or custom made items unless the item is deemed faulty/claimable under warranty.

Faulty items/warranty claims will be sent to the manufacturer for assessment; this may result in delays with organising a replacement, refund, or credit note. Where the item is deemed to be in working order, it will be returned to you after return postage has been paid.

Light bulbs/tubes are sold on a strict no refund or exchange policy.

Payment of Postage Costs

The customer is liable for all and any postage, handling, courier and/or shipping charges for any purchase. Postage costs are not refundable under any circumstances.

Exchange/Change of Mind: For an exchange due to incorrect purchase or change of mind, the customer is responsible for all return shipping costs including the costs to ship the replacement/exchanged item back to the customer.

Where an exchange, refund or credit note is refused on a returned item, the item will be returned to you after return postage costs have been paid by you.

Warranty Claims: We will arrange collection of an item being returned for a warranty claim.

Where a replacement/repaired item is to be sent to you, we will pay the postage costs to deliver the item to you. In the event redelivery is required, the buyer is responsible for any redelivery costs incurred.

Where a warranty claim is refused on a returned item, the item will be returned to you once return postage fees have been paid by you.

Postage costs are not refundable under any circumstances.

Statutory conditions and warranties do apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. Further information about your rights as a consumer is available at the ACCC website www.accc.gov.au.

Damaged Items

All items are packed and shipped with the upmost care however damage and loss does occur. We recommend all orders are shipped with insurance.

For orders sent via regular parcel without insurance, no liability is accepted for any loss or damage howsoever arising. Where an order is returned, we will charge you any applicable return delivery fees. The order will be returned to you once all charges have been paid.

For all orders which include postage insurance to protect against loss or damage during transit, please contact us via email within 24 hours of receipt if your order is damaged. Notification of damage more than 24 hours after receipt will not be accepted. Proof of damage including photos are required for any claim. We may require the item to be returned to us with all original packaging at the buyers expense. Please refer to "Transit Insurance/Claims" below for more information.

Statutory conditions and warranties do apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. Further information about your rights as a consumer is available at the ACCC website www.accc.gov.

 

Incorrect Items

Should an incorrect item be supplied to you, we will send you the correct item upon receipt of the incorrect item, refund the item cost or difference in item cost, issue a store credit, or send a replacement, at our discretion. Claims for incorrect items cannot be accepted after 24 hours of receiving your item/s.

Missing items

All orders are vigorously checked prior to shipping to ensure the order is complete and intact. Should any item/s be missing from your order, please contact us immediately. Claims for missing and/or damaged items must be received within 24 hours of receipt of your order in order to be valid.

Transit Insurance/Claims

 Aquatic Supplies Australia is not liable for any loss or damage caused during transit howsover arising.

The insurance/insured service purchased at checkout is not under any circumstances an agreement for insurance with Aquatic Supplies Australia, it is an agreement for insurance with the third party courier/carrier.

 The customer will bear the risk of loss or damage to the goods, unless the article is insured, in which case a claim will be lodged with the courier and you will be notified of the outcome. The couriers decision is final.

Transit insurance claims may take up to 12 weeks to process depending on the couriers claims procedure. You will be notified of the expected resolution date once your claim has been lodged. We are in no way liable for any loss or damage arising from any delay in claims processing.

Transit insurance claims require proof of damage, which may be photos or return of the item including all original packaging.

Statutory conditions and warranties do apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. Further information about your rights as a consumer is available at the ACCC website www.accc.gov.

Handling times/Shipping/Delivery

Shipping costs vary and are based on the size and weight of the order and the delivery location. Shipping and handling costs are calculated in the shopping cart and will be added to the order total during checkout.

 Surcharges may apply to Courier delivery to WA, NT and remote areas and will be invoiced upon order processing.

Unless otherwise agreed by Aquatic Supplies Australia Pty Ltd, we will deliver your products to the shipping address provided by you and listed on the order confirmation.

It is your responsibility to ensure acceptance of all deliveries and provide a signature as proof of delivery if required. Any redelivery may incur additional charges.

Please allow up to 10 business days for delivery; however external factors may result in delays. We are not liable for any loss, damage or other resulting in a delay in shipping and/or delivery of your order.

We do not provide rush, express, overnight or any form of expediated handling or shipping.  No guarantee is made nor is any liability accepted for delayed delivery.

External factors may delay delivery of your order, please contact us at sales@aquaticsupplies.com.au should your order not arrive within 2 business days of the expected delivery date.

We will not be liable for any delay, loss or damage arising from the supply of or failure to supply service (including deterioration, mis-delivery or failure to deliver goods), for any reason whatsoever including breach of contract and negligence. We and any third party agents and/or contractors have the benefit of these exclusions and limitations of liability even if any loss or damage arises for any reason whatsoever.

All orders are sent via Australian Air Express where possible, large, heavy, bulk or fragile orders may require a courier. For orders requiring a courier, we will source the fastest, most cost effective carrier available at the time. Choice of carrier is not available.

It is recommended that all orders are shipped by an insured delivery option to cover you against item breakage, damage or loss. Items sent via a regular service are not covered for damage or loss.

International Orders

Please allow up to 2 weeks for international delivery.

Please note: that all prices, shipping and handling charges do not include relevant custom duties or taxes that may be incurred and charged when shipped overseas. These charges need to be paid by the customer. Please check with your local custom offices for further details. 

Perishable goods, liquids, chemicals, conditioners and other items prohibited by destination customs cannot be sent. Orders including these goods will be canceled.

 

Order cancellations

All order cancellations MUST be emailed. Your order is considered current unless canceled in writing (via email) by you. Orders cannot be cancelled after they have been packaged and/or shipped.

An administration fee of up to 20% may apply to any cancelled order to cover the merchant fees associated with payment and refund.

Sale items, custom orders, and any special order items, including aquariums, TUNZE products, Octopus products, replacement parts, and select filters, cannot be canceled.

Order cancellations are at the discretion of management and we reserve the right to refuse cancellation of your order.

Use of Goods

It is essential that all products purchased from Aquatic Supplies Australia Pty Ltd are used only in the manner that they are intended to be used. Products purchased from us may not be modified in any way whatsoever from the condition they were supplied in. We accept no responsibility if products are modified in any manner from the condition they were supplied.

Due to nature of some items, no liability is accepted for any product deemed sensitive by us, including but not limited to, chemicals, additives, liquids, foods, light bulbs/tubes, medications and/or degradable products.

No liability is accepted for any loss or damage howsoever arising from the purchase or use of any item available through Aquatic Supplies Australia Pty Ltd. Purchase and use is at your own risk.

 

Viruses /Use of Cookies

 We cannot guarantee that any file or program available for download and/or execution from or via this site 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.

 Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide you site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information.

If you disable cookies on your web browser, you may not be able to fully experience all the features of our store.

 

Third Party Sites

This site may contain links to third party sites. We are not responsible for the condition or content of these third party sites. You access those sites and/or use the site'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.

The third party links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by Aquatic Supplies Australia of the sites or the products or services provided on the site.

We are not responsible for the privacy practices or terms and conditions of sites that are linked to this site via hyperlinks, banner advertising or otherwise. Please take care at all times to check whose site you are visiting.