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Terms & Conditions

Before placing your order, please read through our terms and conditions. Your placement of an order constitutes your acceptance of these terms and conditions. 

Before placing your order, please read through these Terms and Conditions for the Aquatic Supplies Australia online shop. By using this website and making a purchase, you agree to the Terms and Conditions of the Aquatic Supplies Australia online shop as set out below. The Terms and Conditions include the terms and conditions set out below and the Aquatic Supplies Australia Privacy Policy. You are bound by these Terms of Use and should review them whenever you are using this website and making a purchase.

 

1. 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" "Shipping" "Delivery" or similar refers to any third party delivery company/provider used to deliver your order.

"Original Purchase Price" or similiar refers to the price on the invoice issued at point of sale.

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

 

2. General

2.1 The terms and conditions apply to users of Aquatic Supplies Australia's website. An order submitted by you is an offer by you to purchase the goods for the price as specified at the time you place your order.

2.2 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.

2.3 Customers are bound by the warranty conditions and obligations provided by the manufacturer for each individual product. Breaching warranty conditions and obligations voids any warranty cover provided by the manufacturer or Aquatic Supplies Australia Pty Ltd. We will not be liable for any fault, loss or damage occurring due to the customers failure to adhere to warranty conditions and obligations.

2.4 If any part of the Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable in any jurisdiction, then that provision shall be deemed to be severable from these Terms and Conditions and shall not invalidate any of the remaining provisions of the Terms and Conditions or affect the enforceability or validity in any other jurisdiction.

2.5 Each provision of these Terms and Conditions shall be construed as separately applying and surviving even if for any reason one or other of these provisions is held to be inapplicable or unenforceable in any circumstances.

2.6 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 websitewww.accc.gov.au.


3. Privacy Policy

Please click here.

 

4. Warranties you make to Aquatic Supplies Australia

4.1 You represent and warrant that Aquatic Supplies Australia Pty Ltd will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill, business opportunities, injury to your reputation) in contract, tort, statute or otherwise, howsoever caused including directly or indirectly from or in connection with these terms.

4.2 Subject to any rights you have under consumer protection law, Aquatic Supplies Australia Pty Ltd excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms. You are entitled to retain certain rights under consumer protection law that cannot be excluded.

4.3 Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

 

5. Legal

5.1 The laws of the Australia Capital Territory, Australia, govern this agreement. Your transaction is deemed to have taken place in the Australian Capital Territory, Australia.

5.2 By placing an order with Aquatic Supplies Australia you confirm that you are over the age of eighteen (18) years.

5.3 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.

5.4 You agree to obtain consent to provide any third party information required for the supply of gift products and gift certificates ordered by you.

5.5 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 due to fraud or other misrepresentations. 

5.6 Any fees or charges incurred by us due to unpaid or fraudulently charged back invoices will be added to the principle debt. We reserve the right to utilise debt collection agencies or to pursue court action to recover monies owed of any amount.

5.7 Customers are prohibited from writing, publishing or other, any statement, announcement, blog or article without express permission from Aquatic Supplies Australia.

 

6. Website/Content/Copyright

6.1 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, are 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.

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

6.3 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.

6.4 Website content is kept as up to date as possible and may change at any time.

6.5 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.

 

7. Method of Payment

7.1 We accept payment via Paypal, Visa, MasterCard, Bank Deposit/Transfer, Cheque, Money Order, Afterpay and zipPay. Any refund requests made using Afterpay will incur a 6% fee which is the non-refundable fees charged by Afterpay to us.

7.2 Orders will not be shipped until payment has been received in full.

7.3 Promotional offers, discount codes and similar are available until the expiry date provided or until withdrawn. We reserve the right to withdraw any promotional offer or discount code at any time without notice. 

7.4 All credit card transactions are secured using Secure Socket Layer (SSL) Encryption. All credit card information is processed by a third party merchant, Shopify Payments, and therefore complies with their strict privacy and security policies.

7.5 Bank Deposit payments are due within 3 business days of order. Cheque & Money order payments are due within 10 business days.


 

8. Refunds and/or Exchanges.

8.1 Prior notice must given to Aquatic Supplies Australia Pty Ltd via the online form available here for any return. A Return Authorisation Number (RAN) will be provided. Returns without a valid RAN listed on the parcel will be refused.

 

Change of mind returns:

8.2 We reserve the right to refuse any change of mind return.

8.3 We will provide a store credit or refund for change of mind returns.

8.4 Returns sent "cash on delivery' or similar will be refused.

8.5 The item must returned within 14 days from delivery and be in as new, unopened condition.

8.6 We do not exchange. For a replacement item, a new order must be placed. 

8.7 No store credits or refunds will be given if you have changed your mind or made an incorrect choice on the following items; powder additives, liquids, light bulbs/tubes, medications, glass aquariums and terrariums, bulk orders, custom orders, and special order items.

8.8 Delivery costs incurred are not refundable and all return costs are the responsibility of the customer. 

 

Faulty items/Warranty claims:

8.9 We may require the item to be returned to us for assessment, all return costs are the responsibility of the customer.

8.10 For a warranty claim to be valid, the item must be free from damage from misuse, and have been correctly  serviced and maintained. The item must be include all original components & parts. 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 used in a manner not intended.

8.11 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. 

8.12 A $35 service fee may apply where the item is found to be in working order, where it is not covered under warranty or the fault is not warranty related such as serviceable parts or faulty due to damage, negligence or misuse. 

8.13 Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). 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 repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

 

9. Payment of Postage Costs

9.1 The customer is liable for all and any postage, handling, return, redirection and redelivery charges for any purchase, return, or warranty claim including fees for uncollected or returned items. 

9.2 Delivery costs are not refundable under any circumstances.

9.3 Redelivery, redirection or returns fees will be charged at cost price to the customer. 

9.4 International customs, duties or other taxes are payable by the receiver.

  

10. Damaged / Missing / Incorrect Items

10.1 In the event an order arrives damaged or with a missing or incorrect item, you must notify us via email within 1 business day of delivery.

10.2 For damaged items photographs of the item, internal and external packaging and barcodes are required within 1 business day.

10.3 Transit insurance is void 24 hours after delivery.

10.4 We may require the damaged item be returned to us. Items must be securely packaged and contain all original packaging and parts. Replacement or repair will not occur until the the item has been returned to us.

10.5 Incorrect items must be in as new, unused condition suitable for resale.

10.6 Claims are void if proof of damage is not provided following a claim, either by photographs or item return, within 14 business days of you notifying us of the damage.

10.7 We will only replace items damaged during transit for the same or a very similar item, such as a different colour of the same product. Exchanges, refunds or credits are not available for items damaged in transit.

10.8 No liability is accepted for loss of livestock and/or plants which may be caused due to delivery delays or damage to an aquarium, terrarium or other. It is the responsibility of the customer to ensure any livestock or plants ordered from a third party are done so after the aquarium/terrarium has arrived in a condition suitable for use.

 

11. Handling Times & Delivery

11.1 Delivery: Unless otherwise agreed by Aquatic Supplies Australia Pty Ltd, we will deliver your products to the delivery address provided by you and listed on the order confirmation between 8am-5pm business days only.

11.2 We deliver to mainland Australian addresses.

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

11.4 Items sent may be left at the address provided (Authority to Leave) where the courier deems it safe to do so. We accept no responsibility for items left unattended at the delivery address. Please provide an address where someone will be available to accept delivery if you do not wish for the item to be left.

11.5 Delivery Times: Please allow from 1-10 business days for standard delivery depending on carrier. Remote, rural, bulk or special order items may take longer. Deliveries to WA & NT can take up to 3 weeks depending on size and location.

11.6 Express Post orders are sent via overnight delivery services, however if you are outside the next day delivery network this may take longer. Express services cannot be guaranteed due to factors we have no control over (i.e other companies doing the deliveries).

11.7 External factors may delay delivery of your order, please contact us should your order not arrive within 2 business days of the expected delivery date.

11.8 We do not offer any form of international or non mainland delivery nor do we support the use of freight forwarders. We will therefore not complete or submit any declarations, custom forms or freight forwarder documents.

 

12. Order cancelations

12.1 All orders are final and cannot be amended or canceled unless in exceptional circumstances. 

12.2 Orders cancelations will not be considered after the order has been packaged and/or shipped.

12.3 Custom orders, special order items, bulk orders, and gift cards cannot be canceled under any circumstances.

12.4 Any refund requests made using Afterpay will incur a 6% fee which is the non-refundable fees charged by Afterpay to us.

 

 

13. Gift Cards

13.1 Gift Cards will be sent out via email or postal mail where selected.

13.2 Card Codes are unique. Code must be entered at checkout to redeem. No liability is accepted for lost, misplaced, misused or stolen codes.

13.3 Non refundable nor redeemable for cash. Valid for use on any order including delivery charges. Valid for use on multiple transactions until exhausted.

13.4 If the purchase amount exceeds the balance, you must pay the excess using another payment method.

13.5 Gift Cards do not have an expiry date.

 

14. Use of Goods

14.1 All products purchased from Aquatic Supplies Australia Pty Ltd must be used only in the manner that they are intended to be used.

14.2 Products purchased from us may not be modified in any way. We accept no responsibility if products are modified in any manner and any warranty is void. 

14.3 No liability is accepted for any loss, injury or damage howsoever arising from the purchase or use of any item available through Aquatic Supplies Australia Pty Ltd.

14.4 Use of goods is at your own risk.


15. Viruses /Use of Cookies

15.1 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.

15.2 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.

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

 

16. Third Party Sites

16.1 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.

16.2 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.

16.3 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.