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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 ship 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.

 

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 andwww.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 (including Lay-Buy)

7.1 We accept payment via Paypal, Visa, MasterCard, Bank Deposit/Transfer, Cheque, Money Order and Lay-Buy Powered by PayPal.

7.2 Orders will not be shipped until payment has been received in full. For purchases over $1000, proof of identity or a purchase order may be required prior to shipment.

7.3 All credit card transactions are secured using Secure Socket Layer (SSL) Encryption. No credit card information is stored by this site. All credit card information is processed by a third party merchant, Shopify Payments, and therefore complies with their strict privacy and security policies.

7.4 Bank Deposit payments are due within 3 business days of order. Cheque & Money order payments are due within 10 business days. Orders will be canceled if payment is not received in this time.

7.5 Lay-Buy Powered by PayPal:

7.5.1 Choose your deposit of between 10-50%, and your Lay-Buy term of between 2-6 months.
7.5.2 Fee of 0.9% applies payable to Lay-Buy Powered by PayPal which is non refundable.
7.5.3 Equal monthly installments are payable on the anniversary date of your order each month.
7.5.4 Cancel anytime via email to sales@aquaticsupplies.com.au for a refund less the 0.9% Lay-Buy fee, and excluding Special Order items, aquariums over 49L and other items as specified in clause 12.2, which incur a 10% cancellation & restocking fee.
7.5.5 Orders will be sent once final payment has been made.
7.5.6 Standard delivery times apply once dispatched.
7.5.7 Missed payments will be debited 5 days after the failed payment. Multiple missed payments will result in cancellation & refund of the Lay-Buy, less applicable fees as per 7.5.4.

 

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

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

8.5 For a refund or store credit on a change of mind purchase 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 refunds or store credits 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, aquariums and terrariums, custom orders, and special order items.

 

Faulty items/Warranty claims:

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

8.7 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.

8.8 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. 

8.9 Service fees will 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 warranty excluded parts, serviceable parts or faulty due to damage, negligence or misuse. 

8.10 The total cost of any applicable service fee will be provided to you prior to return and invoiced after assessment if required.

8.11 Details on the nature of the fault and any troubleshooting undertaken must be provided prior to acceptance for return.

8.12 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, and redelivery charges for any purchase, return, or warranty claim. 

9.2 Delivery costs are not refundable under any circumstances.

9.3 Redelivery and redirection fees will be charged at cost price. Items taken to a Post Office where the receiver is not available will be charged at cost price.

 

10. Damaged / Missing / Incorrect Items

10.1 In the event an order arrives damaged, 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 24 hours after delivery.

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

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

10.4 Notification of missing items must be made within 1 business day, after this claims are invalid and will not be accepted.

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

10.6 All items are covered against damage or loss in transit, we will choose to either replace, refund or issue a store credit for any item damaged during transit, missing from the order or incorrectly supplied. Proof of damage and/or item return may be required prior to any refund, store credit or replacement being issued.

10.7 Aquarium purchases: 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 ordered from a third party are done so after the aquarium 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 shipping address provided by you and listed on the order confirmation between 8am-5pm business days only.

11.2 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.

11.3 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.

11.4 Delivery Times: Please allow from 1-10 business days for standard delivery. 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.

11.5 We do not provide express, overnight or any form of expedited handling or shipping. 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.

11.6 We ship all orders via couriers, choice of carrier is not available.

 

12. Order cancellations

12.1 All orders are final and cannot be amended or canceled unless in exceptional circumstances.  Cancellation requests must be emailed. Orders cannot be cancelled after they have been packaged and/or shipped.

12.2 Sale items, custom orders, special order items, bulk orders, aquariums over 49L, TUNZE products, Neptune APEX products, chillers, gift cards, and Eheim filters including UV, cannot be cancelled.

12.3 Lay-Buys can be canceled at any time excluding those items as listed in 12.2.

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

 

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.

14.3 All perishable products supplied by us will have an expiry date of greater than 3 months. No liability is accepted nor will compensation be given for unused portions due to the item expiring after 3 months.

14.4 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.


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.