1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between Atlantis Enterprises Ltd – Registered address: Elm Court, Capstone Rd, Gillingham, Kent, ME7 3JG and you and all persons you represent. For the purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity. This Agreement provides benefits to Atlantis Enterprises Ltd affiliates, service providers, suppliers and other persons. Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent to be bound by this Agreement. You represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorised to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website.
2. PERMISSION TO USE THE WEBSITE
You may use the Website only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. The Shop Owner reserves the right to request proof of identification and age (for example, proof of your ability to purchase certain items).
3. CHANGES TO THIS AGREEMENT
Atlantis Enterprises Ltd may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Website, by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.
4. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The Website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of Atlantis Enterprises Ltd and others, and is protected by British and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited. You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Atlantis Enterprises Ltd. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.
5. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES
Atlantis Enterprises Ltd endeavours to provide current and accurate information on the website. However, misprints, errors, inaccuracies and omissions may sometimes occur. Atlantis Enterprises Ltd reserves the right to:
a) Correct any error, inaccuracy or omission.
b) If an order has already been placed we will advise the customer of the changes. If the customer does not wish to accept the changes we will issue a refund.
Please note that product images are for illustration purposes only and may not always reflect the product 100%
6. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Website without the express written permission of Atlantis Enterprises Ltd are strictly prohibited. To request permission to link to the Website, please send an email to Atlantis Enterprises Ltd via the contact page of this Website. Atlantis Enterprises Ltd may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
7. LOGIN NAMES AND PASSWORDS
Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively "User Details") by Atlantis Enterprises Ltd. For the purposes of accessing the Website, the User Details remain the property of Atlantis Enterprises Ltd and may be cancelled or suspended at any time by Atlantis Enterprises Ltd in its discretion without any notice or liability to you or any other person. Atlantis Enterprises Ltd is not under any obligation to verify the actual identity or authority of any person using User Details to access and use the Website. Atlantis Enterprises Ltd may act upon any communication that is given with the use of User Details. Atlantis Enterprises Ltd may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Atlantis Enterprises Ltd is not satisfied with such proof. If you have been issued User Details: (a) you are fully responsible and liable for the security of the User Details and any and all use and misuse of the User Details; (b) you will keep the User Details secure and confidential at all times and not disclose the User Details to any other person or permit any other person to use the User Details; (c) you will ensure that all uses of the User Details comply with this Agreement; (d) once you have logged-on to the Website using the User Details, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify Atlantis Enterprises Ltd by telephone or email via the contact page of this Website if you know or suspect that any User Details have been lost or stolen or become known to or used by any other person.
8. OTHER SITES LINKED TO ARK PETS ONLINE
Atlantis Enterprises Ltd may include links to other Internet sites maintained by third parties ("Linked Sites"). Atlantis Enterprises Ltd does not control in any respect any information, products or services on Linked Sites not owned or controlled by an affiliate of Atlantis Ltd. You access them at your own risk and by accessing them you completely leave the Atlantis Enterprises Ltd site. Atlantis Enterprises Ltd, whether or not it has a relationship with Linked Sites, is not responsible for the content on the Linked Sites and disclaims all liability for any injury you experience while you are in such Linked Site.
9. DELIVERY TERMS
Atlantis Enterprises Ltd will deliver all products (please see delivery restrictions on Aquariums & Terrariums) within our website to any address throughout the United Kingdom, certain areas such as the Scottish Highlands, Northern Ireland, Isle of Wight and Channel Isles may be subject to an extra charge which you will be made aware of before your order is shipped. Atlantis Enterprises Ltd will at all times give our best endeavour to ensure a comprehensive delivery service but cannot be held responsible for any delays that are outside of our control.
All items sent from Ark Pets Online are our responsibility until signed for by the customer. You must note when signing for the delivery any packaging damage, and if possible do not sign for deliveries as unchecked. Any instructions given for an unsigned delivery i.e. Please leave in garden shed are at the customers discretion, the customer shall be responsible for any packages which may go missing under these circumstances. Smaller items weighing less than 2kg may be sent via Royal Mail. Any shortages must be reported to us by phone or email within a reasonable time. In normal circumstances we would request that you report these within 48 hours of delivery to enable us to rectify the problem as soon as possible.
* Delivery guaranteed subject force majeur and customer being available to accept delivery on first attempt (or giving special instructions for parcel(s) to be left in a safe place). Any parcels delivered via the courier will be attempted next working day from dispatch, if no one is home they will attempt to make the delivery one more time the following working day. After this your parcel will go to the local depot for collection, if you require to have the parcel redelivered after the two attempts this may incur a delivery charge .
10. FAULTY GOODS
We work in line with the Sale of Goods Act, which states that any goods purchased should be as described, of satisfactory quality and fit for the purpose for which they were intended. Your rights vary depending on the nature of the fault and the length of time you have had the goods. If in the unlikely event a problem arises please contact us first as these can often be rectified over the phone. If the item has to be returned to us it is your responsibility to send the item to us at Ark Pets Online Elm Court Estate, Capstone Road, Gillingham, Kent, ME7 3JQ. Any genuine claim will have its postage cost refunded by Atlantis Enterprises Ltd. All returned items must include a proof of purchase. Please be aware that a condition of the guarantee for all Juwel aquariums including 125 litres and above in volume is that it must be sited on the according Juwel cabinet. If there is a problem with an item being damaged during transit which was not visible upon delivery we would request that you inform us within 48 hours. We aim to resolve any issue within a reasonable time.
11. UNSOLICITED SUBMISSIONS
In order to avoid potential misunderstandings or disputes, Atlantis Enterprises Ltd does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions to Atlantis Enterprises Ltd or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to Atlantis Enterprises Ltd and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Atlantis Enterprises Ltd or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of The Shop Owner and its successors, assigns and licensees.
12. YOUR INFORMATION
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. Atlantis Enterprises Ltd will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Atlantis Enterprises Ltd or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
13. ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS
The exclusion of certain warranties and the limitation of certain liabilities are prohibited in some jurisdictions. These statutory prohibitions may apply to you.
14. PERSONAL INFORMATION PRIVACY
15. OTHER SITES/RESOURCES
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from Atlantis Enterprises Ltd, and Atlantis Enterprises Ltd has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Atlantis Enterprises Ltd does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Atlantis Enterprises Ltd arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Atlantis Enterprises Ltd, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.
16. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of the United Kingdom. Any dispute between you and Atlantis Enterprises Ltd or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively "Disputes") will be resolved before the British Court, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of this court in respect of all Disputes.
When ordering via distance means (over the telephone or via the website) you have a right to cancel under the Consumer Protection (Distance Selling) Regulations 2000. You would have 7 working days from the day after you receive the goods to cancel and receive a full refund. Please contact us in writing (email is sufficient) if you wish to cancel an order before it has been dispatched. A refund will be issued within 30 days of receiving the cancellation request as per Sale of Goods Act 1979. Please note that services such as a pre-assembled cabinet can not be cancelled once the service has been provided i.e. the cabinet has been assembled. A cancellation fee, usally 25%, may be applied if a special order has been placed on your behalf that we are subsequently unable to cancel. If you wish to cancel an aquarium order post delivery then you will be liable for both delivery and collection costs which will be deducted from your refund.
You are responsible for the return costs.
18. DISCOUNT CODES
Only one discount code to be used per person per transaction.