1. Acceptance of Terms & Conditions
By accessing the content of "Moniques Live Fish Food & Accessory Shop" you agree to the Terms & Conditions listed below and accept the Privacy Statement at the bottom of the Home Page. If you do not agree with any part of these Terms & Conditions set out here you should not use any of the products or services provided by this Website.
2. Between You and Me
The following Conditions are between the Seller, Monique Parker at Moniques Live Fish Food & Accessory Shop, and you, the customer for the delivery of wares. These Conditions are also valid for all future relations, even though they haven't been agreed to again. Varying conditions of the customers that "We" didn't expressly accept are not binding for "Us", even though "We" didn't expressly object.
3. Offers and Conclusion of Contract
- The offers of "Moniques Live Fish Foods" are not binding if not specified as such.
- The product images on the website don't always display the actual appearance of the product. They may be similar. Technical changes as well as changes in shape, colour and/or weight stay reasonable.
- "We" are enabled to accept orders within 2 weeks after receiving them. After receiving an order the customer is send an E-Mail confirming the details (Order Confirmation). This order confirmation is not an acceptance of the order. It is only information that "We" received the order. A contract is in place when "We" send the products and a second E-Mail confirming the shipment has left "MLFFAS". This does not affect your right of cancellation.
- On demand of the customer "We" will save the contract text and send it in E-Mail along with these Terms and Conditions.
- The prices at the time of order are binding, but can change without notice. That means, the customer will not be charged extra if the prices of ordered products change before their parcel is shipped.
- The order price includes a shipping fee that will be shown before submitting your order.
- Payment can be made through the normal checkout process by clicking the "checkout" button or by PayPal to enter your details.
- The customer is liable to pay the dept within 30 days. After the 30 days, from date of shipping, you are in default.
- If a customer or "We" are in default, please contact "us" to discuss on how to proceed. The proof of a higher damage is reserved for "us".
5. Delivery and Times of Delivery
- The shipment is send with a delivery service "We" chose. Usually Royal Mail, iPostParcels, Parcel Force or InterLink Direct.
- Items are normally sent within 3 to 7 working days if not otherwise stated, but “We” reserve the right to send items within 2 weeks if “We” require that time. The customer will be notified if any unforeseen complications occur. Those can be:
- Some live foods can die unexpectedly with no obvious reason. That can cause shortages in supply and fulfilling orders will be slower. This is kept to a minimum but with all live stock, problems can occur.
- The customer will be informed via E-Mail that the shipment has left the house.
- If required "We" are able to send part shipments and services at any time as long as it is reasonable. For example, if one Item is available right away but another can only be delivered the following week.
Subsequent deliveries are for the customer free of charge.
- If an ordered Item is not available at all the customer will be informed via E-Mail. The customer will be offered a similar item of equal or higher value at no extra cost, if possible, or the money be refunded.
- Details of estimated delivery times, shown during checkout, are not binding if "We" didn't send a binding consent stating the delivery time and date (in individual cases only).
- A detailed bill is included in every shipment. Printed T's & C's and Privacy Statement on request.
- Shipping Dates:
- Royal Mail - Monday to Thursday for First Class UK,
- Royal Mail & iPostParcels - Monday to Friday for Special Next Day by 1pm
- iPostParcels - Friday for Special Next Day Saturday Guarantee by 1pm
- APC - Next Day UK – Monday to Thursday
- Please note that no shipments will be send on or before Bank Holidays and Saturday. Also "We" won't send out shipments in adverse weather conditions irrespectively of the delivery times stated above. In these circumstances, the customer will be informed & orders will be sent to the next possible date.
Due to shipping methods and transit time scales, the only guarantee "We" provide is that orders are live when posted.
The "customer" must be aware of their own country's import laws regarding live stock/ certain liquid products/ certain dried natural products and "We" accept no responsibility for delays or costs involved in any form of customs control.
Non UK sales are described as "Live when posted" and not "Arrive Alive" so claims for 'not as described' will not be accepted for "Dead On Arrival" live stock.
6. Reservation of Proprietary Rights
- In contracts with private customers "We" reserve the right of ownership until "We" have received full payment for the wares.
- In contracts with businesses "We" reserve the right of ownership until all accounts of the current business relations are settled.
- The customer is responsible to care for the items sold accordingly.
- The customer is responsible to notify "us" in case of third parties accessing the wares sold, for example the distraint, damage or the destruction of the wares during transit. The customer is also obligated to notify "us" in case of change in ownership of the wares sold or the change of own address.
- "We" reserve the right, in case the customer acts contrary to the contract, especially when in default or violation of a duty as mentioned in provision 3) and 4), to cancel the contract and demand the return of the wares (dry goods only).
- Businesses are obligated to resell the wares in proper course of business.
7. Cancellation Instructions
Customers can cancel the contract within two days for live foods and two weeks for dry goods without stating any reasons in form of a letter, E-Mail or the return of the wares (Returns only for dry goods). The customer can request this Cancellation of Contract Terms in text form along with the shipment or in e-mail. The term begins the day the customer received the shipment. It is recommended to return the shipment in sufficient time in order to meet the cancellation period.
Please write to:
33 Gran Street
These Cancellation Terms do not exist in contracts to:
- deliver wares that have been produced to the customers specifications or special needs or based on the wares condition like live animals or plants that decay easily or by their sell by dates, are not suitable for return or
- Delivery of audio- or video material or software, if the recorded media has been unsealed
- Delivery of books, newspapers or magazines.
Consequences of cancellation/Return
In case of an effective cancellation both sides have to refund all services provided (excluding postage paid).
Wares able to box for shipment are returned on our risk. (Dry Goods only)
Live animals and foods are seen by law as used and cannot be returned.
If Live Animals/Food have been delivered in good condition but die shortly after delivery, we will not redeliver or refund. We cannot take responsibility of how the live stock is kept after delivery!
Shipments not able to box can be disposed of after given consent from "us".
Please send pictures by e-mail on the day of receipt to confirm the condition of the items. (Live and Dry Goods)
The customer has to pay for returning a shipment that was delivered in good condition.
It is the customer’s responsibility to provide correct information. Refunds will not be given, if your order can not be delivered due to typing errors or missing details in any information you provide to "MLFFAS".
We will not accept refund requests for live or frozen goods (send by next day & first class) if the post or courier has tried to deliver but no one was in. The customer needs to make sure someone is in to take these perishables.
Refunds do not include postage costs. Once your order is posted, the postage paid is used up. Postage is only refunded if your order has not left the house, yet.
The customer & MLFFAS are liable to reimburse goods/payments within 30 days after cancellation has been send.
End of Cancellation Instructions
9. Transfer of Risks
- Is the customer a business, the Transfer of Risks to loss and sudden deterioration of the wares sold, changes over from "us" to the shipper, fright forwarder or who or what ever institution responsible for transporting the package to the business address.
- Is the customer a private person, the Transfer of Risks to loss and sudden deterioration of the wares shipped, changes over to the shipper, fright forwarder or who or what ever institution responsible for transporting the package to the customer on receipt of the shipment.
- Is the customer a business, "we" will compensate for defects by "our" choice for rectification or replacement.
- Is it a private customer, then they have the choice of rectification or replacement.
- In case of a failed subsequent improvement, the customer can demand a reduction of the wares sold or cancellation of the contract. If only a minor infringement of contract is detected, especially by detection of minor faults the customer has no right of cancellation.
- If errors or missing information in the customers/businesses details provided are detected and this leads to non-delivery of the wares, no refunds/ redelivery can be given/made.
- Businesses have to notify "us" in writing (letter, E-Mail) within two weeks for dry goods and 1 day for live animals, starting from the day of receipt of shipment, that an obvious fault of the wares has been detected. After two weeks for dry goods and 1 day for Live goods after receipt of the wares the right to assertion of your claim has expired. Send the notification in sufficient time in order to ensure your claim is processed in time. The business is liable to prove any claims made, like the detection of a fault, the time of detection and for notifying "us" in time.
- Private customers have two weeks for dry goods and 1 day for live animals to notify "me" in writing (letter, E-Mail) after an obvious fault has been detected. The time of receipt of your claim is instrumental. Failure to notify "me" of any fault within the 2 week or 1 day period will cause your guarantee claim to expire.
- If the customer chooses cancellation of contract after a failed subsequent improvement, because of defects in title and/or material, then they won't be able to claim compensation for damages suffered.
- If the customer chooses to claim damages after failed subsequent improvement, then the wares sold stay with the customer if this is reasonable.
- Is the buyer a business, the specifications of a product are measured only by product description of the producer. Public comments, targeting or advertisements of the producer are not subject to contractual agreed product specification.
- If the customer receives a false instruction sheet "we" are only obligated to replace the false instructions with an error-free one. Instruction sheets/ Guides are supplied on request and are sent as a link in e-mail or as a download in the customer’s accounts.
- Basically live animals are seen by law as used objects, which can contain obvious or hidden defects. Animals with regenerating or regenerated defects on limbs or fins as well as healed wounds are not seen as faults. That definition includes inner parasite infections that "I" can't diagnose. For these instances "we" can't be held liable, but assure that only healthy looking Animals or plants are chosen for sale.
- By animals with gender selection option, "we" choose to the best of “our” knowledge. But "we" are not liable for a gender guarantee.
- The depictions of live animals on the website are examples only. Depending on the breeder and/or climate of natural habitat can be cause for lesser or more obvious difference in colour and/or bodily features. Taxonomical differences of species and subspecies within one category have to be accepted due to unclear definitions in technical literature for many animals.
- After receipt of the plants or animals the transfer of risk to loss and/or worsening of the plants or animals health changes over to the customer. "We" will not be held liable for any losses incurred through incorrect handling of above mentioned wares. Reasons for incurred losses can be: wrong water equivalents, temperature and incorrect feeding habits that are out of "our" jurisdiction. The customer is obligated to obtain information about the chosen species on their own accord through the individual descriptions provided, the internet, books or other means, before purchasing the chosen animals, cultures and plants. The customer should always consider the care instructions provided. These care instructions don't present a claim to completeness. They are only guides to the best of “our” knowledge.
Monique Parker/ Moniques Live Fish Food & Accessory Shop reserves the right to change any part of these Terms & Conditions at any time without notice and your use of the Website will be deemed as acceptance of this agreement.
Monique Parker/ Moniques Live Fish Food & Accessory Shop also reserve the right to modify or remove any part of the Website without warning or liability arising from such action.
11. Copy Right
Pictures on this Website are either the property of Moniques Live Fish Food & Accessory Shop or the property of their respective owners.
We do not guarantee uninterrupted availability of the Website and/or its products and cannot provide any representation that using the Site will be error free.
13. Third Parties
The Website may contain hyper-links operated by other companies. We do not control such Websites and take no responsibility for, and or will not incur any liability in response of, their content.
If any provision of this agreement is held to be invalid or unenforceable, such provision shall be removed and the remaining provisions shall remain in force.
Some provisions are not enforceable yet. Like the purchase of live fish and the sale to businesses. These will become active in due time and a notice will be present on the News page.