Aqua Indigo Ltd
CONSUMER TERMS OF SALE

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE. 		 
     
  1. Format of the Contract  
 
    
    		• These terms of sale apply to all goods supplied by Aqua Indigo Ltd.
        
    		• No contract exists between you and Aqua Indigo Ltd for the sale of any goods until Aqua Indigo Ltd has received and accepted your order and Aqua Indigo Ltd has received payment in full (in cleared funds).  Once Aqua Indigo Ltd does so, there is a binding legal contract between us.
        
    		• By way of clarification, an acknowledgement of your order will be sent to you via email when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive our acceptance email.  It is at this point that a binding legal contract is created and any contract is subject to these "Terms and Conditions".
        
    		• The contract is subject to your right of cancellation (see below).
        
    		• Aqua Indigo Ltd may change these terms of sale without notice to you in relation to future sales.
        
    		• Non-acceptance of an order may be a result of one of the followings:
  • The product you ordered being unavailable from stock.
  • Our inability to obtain authorisation for your payment.
  • The identification of a pricing or product description error.
  • Your failure to meet the eligibility to order criteria set out in the "Terms and Conditions".
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      2. Description and Price of the Goods  
     
        
    		• The description and price of the goods you order will be as shown on Aqua Indigo Ltd's website at the time you place your order.
        
    		• The goods are subject to availability. If the goods you have ordered are not available in stock, Aqua Indigo Ltd will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
        
    		• Every effort is made to ensure that prices shown on Aqua Indigo Ltd's website are accurate at the time you place your order.
        
    		• If an error is found, Aqua Indigo Ltd will inform you as soon as possible and offer you the option of reconfirming your order with the correct price, or cancelling your order.  If Aqua Indigo Ltd does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically.  If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 days period, Aqua Indigo Ltd will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
        
    		• In addition to the price, you may be required to pay a delivery charge for the goods.
    		 
         
      3. Payment  
     
        
    		• Payment for the goods and delivery charges can be made by any method shown on Aqua Indigo Ltd's website at the time you place your order.  Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle Aqua Indigo Ltd to terminate the contract immediately.
        
    		• There will be no delivery until cleared funds are received.
    		 
         
      4. Delivery  
     
        
    		• The goods you order will be delivered to the address you give when you place your order within the United Kingdom.
    However, we will not ship to some countries due to high credit card frauds, these orders will be cancelled and you will be informed on the basis of advice from our credit card merchant who will validate all credit card transactions.  At present Aqua Indigo Ltd accepts orders from and deliveries to the following countries:
    Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, The Netherlands, Norway, Portugal, Spain, Sweden & Switzerland.
        
    		• Orders placed before 1:30 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available.  (A working day is any day other than weekends and bank or other public holidays.)
        
    		• If delivery cannot be made to your address for reasons out of Aqua Indigo Ltd's control, Aqua Indigo Ltd will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
        
    		• If you deliberately fail to take delivery of the goods (other than by reason of circumstances out of control of Aqua Indigo Ltd) then without prejudice to any other right or remedy available to Aqua Indigo Ltd, Aqua Indigo Ltd may:
       
    		• Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
       
    		• Sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
        
    		• If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations, Aqua Indigo Ltd shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.  On exercising your right to cancel you shall be required to return the goods to Aqua Indigo Ltd.  Should you fail to return the goods, Aqua Indigo Ltd reserves the right to deduct any direct costs incurred by Aqua Indigo Ltd in retrieving the goods as a result of such failure.
        
    		• Every effort will be made to deliver the goods as soon as possible after your order has been accepted.   However, Aqua Indigo Ltd will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery.  In this case, Aqua Indigo Ltd will inform you as soon as possible.
        
    		• Upon receipt of your order you will be asked to sign for the goods received in good condition.  If the package does not appear to be in good condition then please refuse the delivery.  If you are unable to check the contents of your delivery at the point of delivery then you have the right to refuse the delivery.  
    		 
         
      5. Risk/Title  
     
        
    		• The goods are at your risk from the time of delivery.
        
    		• Ownership of the goods shall not pass to you until Aqua Indigo Ltd has received in full (in cash or cleared funds) all sums due to it in respect of:
       
    		• The goods, and
       
    		• All other sums which are or which become due to Aqua Indigo Ltd from you on any account.
        
    		• Aqua Indigo Ltd shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from Aqua Indigo Ltd.
    		 
         
      6. Title for Business Customers  
     
     
    		• If you are a business customer, until ownership of the goods has passed to you, you must:
       
    		• Store the goods (at no cost to Aqua Indigo Ltd) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as Aqua Indigo Ltd's property;
       
    		• Do not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on Aqua Indigo Ltd's behalf for their full price against all risks to the reasonable satisfaction of Aqua Indigo Ltd. On request you shall produce the policy of insurance to Aqua Indigo Ltd; and
       
    		• Hold the proceeds of the insurance referred to in condition on Section 6, "Title for Business Customers", on trust for Aqua Indigo Ltd and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
    		 
        
    		• If you are a business customer, your right to possession of the goods shall terminate immediately, if:
       
    		• You have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
       
    		• You suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
    		 
    		 
         
      7. Your Right of Cancellation  
     
        
    		• You have the right to cancel the contract at any time up to the end of 7 days after you receive the goods (see below).  
     
    		• To exercise your right of cancellation, you must give written notice to Aqua Indigo Ltd by post, fax or email giving details of the goods ordered and (where appropriate) order date and order number.  Notification by phone is not sufficient and will not be recorded.  Any calls as such should be followed up by the above.  
     
    		• If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to Aqua Indigo Ltd at your own cost.  The goods must be returned to the address by requesting returns authorisation. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit, you are responsible for their safe return in the condition that they were supplied.  In the case of faulty or damaged goods we shall, after receiving notification in accordance with Section 8 "Warranty", ask you to return the goods yourself and refund you the reasonable postage costs as per initial supply, should goods be established as "not at fault" these costs will not be refunded and re-delivery may be subject to further charge.  
     
    		• Once you have notified Aqua Indigo Ltd that you are cancelling the contract, Aqua Indigo Ltd will refund or re-credit you within 30 days.  Any sum that has been paid by you or debited from your credit card for the goods, less reasonable costs for delivery, in the case where delivery is denoted as free, actual costs will be deducted.  
    		 
         
      8. Warranty  
     
        
    		• All goods supplied by Aqua Indigo Ltd are warranted free from defects for 12 months from the date of purchase (unless otherwise stated by way of extended warranty or direct manufacture warranty).  This warranty does not affect your statutory rights as a consumer.  
     
    		• This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use other than as recommended by Aqua Indigo Ltd, failure to follow Aqua Indigo Ltd's instructions, or any alteration or repair carried out without Aqua Indigo Ltd's approval.  
     
    		• If the goods supplied to you are damaged on delivery, you should notify Aqua Indigo Ltd in writing via the email address or fax number shown below within 14 days.  
     
    		• If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify Aqua Indigo Ltd in writing via the email address or fax number shown below, as soon as possible.  But in any event within 14 days of the date after Aqua Indigo Ltd received your damaged or defected items, they will be tested by qualified engineers to establish any fault reported.  Your attention is drawn towards Section 7 "Your right of cancellation".  
    		 
         
      9. Limitation of Liability  
     
        
    		• If you are a consumer Aqua Indigo Ltd shall not be liable to you for any loss or damage in circumstances where:
       
    		• There is no breach of a legal duty owed to you by Aqua Indigo Ltd or by its employees or agents;
       
    		• Such loss or damage is not a reasonably foreseeable result of any such breach;
       
    		• Any increase in loss or damage resulting from breach by you of any term of this contract.
    		 
     
    		• Nothing in these conditions excludes or limits the liability of Aqua Indigo Ltd for death or personal injury caused by Aqua Indigo Ltd's negligence or fraudulent misrepresentation.  
     
    		• If you are a business customer Aqua Indigo Ltd shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.  
    		 
         
      10. Data Protection  
     
        
    		• Aqua Indigo Ltd will take all reasonable precautions to keep the details of your order and payment secure but unless Aqua Indigo Ltd is negligent; Aqua Indigo Ltd will not be liable for unauthorised access to information supplied by you.  No credit card details are stored by Aqua Indigo Ltd nor do we sell or disclose our client data to any other 3rd parties.  
    		 
         
      11. Images  
     
        
    		• Product images are for illustrative purposes only and may differ from the actual product, please take note of the description of the item and the basket description, whilst we maintain our site regularly at some points images may differ slightly.  
    		 
         
      These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.  
         
      Should you require clarification of any point, please email sales@aquaindigo.com prior to ordering.  
         
     

    Aqua Indigo Ltd
    32 Firs Avenue
    Friern Barnet
    London
    N11 3NG


    TEL: 020 8211 4508
    FAX: 020 8361 8405