Terms and Conditions

Aquatic Depot Limited Website Terms and Conditions

These Terms were last amended on 02/07/2020.

Aquatic Depot may change these Terms from time to time. The Terms below are those currently in force.

1             Use and acceptance

1.1          Aquatic Depot Limited (Aquatic Depot , we, us, our, etc) owns and operates this website including its content (the Website).

1.2          The Website is made available to you subject to your acceptance of these terms and conditions including the policies referenced in these terms and conditions (together the Terms).

1.3          By accessing any part of this Website, you agree to be bound by the Terms.

2             Complaints

2.1          Contact us by email to [email protected] at the earliest opportunity if you wish to raise any issue or make any complaint in respect of the Website, Service, Staff Member or otherwise.

3             General terms and conditions of use

3.1          These Terms are governed by and interpreted in accordance with New Zealand law. You agree to submit to the exclusive jurisdiction of the New Zealand courts in relation to any matter to which these Terms apply.

3.2          If we do not enforce any part of these Terms, that is not a waiver of our right to enforce at a later time.

3.3          If any part of these Terms is found to be invalid, unenforceable or illegal, the remaining provisions will continue in full force and effect.

3.4          We reserve the right to refuse (including taking steps to prevent) your access to all or any part of this Website without notice.

3.5          We may make changes to the Terms at any time with or without notice to you. Your continued use of the Website reflects your agreement to the Terms which are current at the time.

4             Your account

4.1          Opening an account with us through the Website allows you to store information in the account which makes buying products and services from the Website easier.

4.2          Information you supply must be accurate. All information you supply will be held and used by us in accordance with our Privacy Policy

4.3          We reserve the right to decline or close your account in our sole discretion.

4.4          You must ensure your account is secured from unauthorised use.

4.5          You agree to indemnify us against any damage, loss, or expense incurred by us as a result of unauthorised use of or access to your account.

5             Privacy

5.1          All information about you that we hold is stored and used in accordance with our Privacy Policy.

5.2          If you have any concerns or questions about your privacy or wish to exercise your rights in respect of your personal information please contact our Privacy Manager at [email protected] or by telephone on (021)02295312.

6             Shopping

6.1          When you make an order through the Website checkout process by clicking the “place order” button that order is confirmed and cannot be cancelled or altered by you.

6.2          We may cancel any order at any time we will notifying you of this

6.3          Where any product or service is or becomes unavailable, we may remove it from your order and fulfil the rest of the order.

6.4          Once delivered your order is considered delivered and remains at the designated delivery address at your risk.

6.5          You warrant that the information you provide in the checkout process is correct and complete.

6.6          We will dispatch your orders as soon as we are reasonably able.

6.7          You confirm that it is safe for our agents to deliver your order to the address provided by you.

6.8          All prices are in New Zealand dollars inclusive of goods and services tax, unless stated otherwise.

6.9          In case of price errors, we reserve the right to cancel any orders for items placed at an incorrect price.

7             Gift cards

7.1          Valid till time specified up to specified on the card.

7.2           Voucher to the value of may be offered to instead of currency.

7.3 Vouchers can only be redeemed for products of equivalent value not currency.

8             Payment

8.1          Payment can be made at checkout by major credit card via PayPal or Poli direct banking.

8.2          All payments are processed in accordance with our Safe and Secure Shopping Policy. Credit card payments are made via PayPal payment gateway which is PCI DSS compliant.

8.3 All prices are in New Zealand Dollars unless stated otherwise.

9             Returns

9.1          If you are not completely satisfied with a product you have purchased from us you may be able to return it in accordance with our Returns Policy.

10           Delivery

10.1 The goods shall be deemed to have been delivered when they are physically deposited at the address given to the ‘us’ by the Customer or consignee for that purpose. The Customer accepts that no form of acknowledgement that delivery has occurred is required to be obtained except in those instances where the Customer has specified, and the ‘we’ have agreed, that the ‘you’ obtain proof of delivery. In addition, where:

1. the delivery is to a rural area (an additional 2 or 3 days for delivery may be required); or
2. the consignee has signed an Authority to Leave form;

the Customer agrees that no proof of delivery or form of acknowledgement that delivery has occurred need be obtained, regardless of any form of ticket used.

The courier can only deliver to a physical address. We are not liable for the loss of any item that is presented to us for delivery to a postal address.

The company will endeavor to deliver items (correctly addressed) within the delivery target for the “said” service. However, we do not guarantee delivery of your item within these delivery targets.

10.2 Delivery times may vary unless agreed prior and may be subject to change at the discretion of ourselves or the carrier.

10.4 Where a supplier is responsible for delivering, or for arranging for the delivery of, goods to a customer there is a guarantee that the goods will be received by the customer—

(a)

at a time, or within a period, agreed between the supplier and the customer; or

(b)

if no time or period has been agreed, within a reasonable time.

(c)

If a known ‘act of god’ or global disruption is taking place at the time of delivery that may impact delivery, this must to taken into account and considered by the customer.

(d)

If delivery of the goods fails right of redress will be made against the supplier or carrier concerned depending on circumstances.

11 Consumer Guarantees Act 1993

11.1 Where the Customer is a business (as defined by the Consumer Guarantees Act 1993), it agrees that is acquiring the Company’s services for the purpose of a business and that the Consumer Guarantees Act 1993 does not apply. Where the provisions of the Consumer Guarantees Act 1993 apply, the provisions of this Agreement will be read subject to the application of that Act, and in the case of any conflict, the provisions of that Act will apply.

12           Limitation of liability

12.1       Your use of this Website is at your sole risk.

12.2        This Website is provided without any warranty that access to it will be uninterrupted, secure or error-free.

12.3        We warrant that the products and services described on this Website are:

12.3.1    Fit for their intended purpose.

12.3.2    Consistent with any description we have provided.

12.4        All other warranties and representations are excluded, except for those which cannot be excluded by law. Manufacture warranties can exceed our obligations and you will be directed to them in such cases.