Purchase of Goods and Services:
- These conditions shall apply to all contracts for the sale of goods by the seller to the buyer, the seller being GG Aquariums, to the exclusion of all other terms and conditions including any terms or conditions which the buyer may purport to apply under any purchase order, confirmation of order, or similar document, unless confirmed in writing between the buyer and the seller.
- In the absence of any other document for the sale of goods by the seller, the acceptance of delivery of the goods shall be deemed conclusive evidence of the buyer’s acceptance of the terms and conditions. Any variation in these conditions shall be inapplicable unless agreed in writing by the seller.
- The sellers’ price list does not constitute an offer, quotation or estimate. The price of the goods shall be the price stipulated in the sellers published price list current at the date of delivery of goods.
- All delivery charges are for the account of the buyer, unless otherwise agreed upon in writing by the buyer and the seller.
- Payment for goods and / or services are to be made in two installments of 50% each, unless agreed in writing by the seller.
- Interest on overdue accounts shall accrue from the date when payment became due from day to day until the date of payment, at a rate of 4% per day. Any invoice outstanding beyond the agreed period will be referred to our company Advocate, (or any other debt recovery service) and will be subject to a surcharge of 15% plus vat to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.
- The buyer shall be deemed to have accepted the goods 24 hours after the delivery of the goods. All aquariums must be inspected at the time of delivery.
- After acceptance, the buyer shall not be entitled to reject the goods which are in accordance with the contract.
- Where the buyer accepts or has been deemed to have accepted any goods, then the seller shall have no liability whatsoever to the buyer in respect to those goods.
- Risk shall pass on delivery of the goods. Delivery of the goods is effected or is deemed to have been effected, if the goods have been made available to the buyer.
- In spite of delivery having been made, title of the goods shall not pass from the seller, until the buyer shall have paid the price in full and no other sums whatsoever are due from the buyer to the seller.
- Until title of the goods passes to the buyer in accordance with clause 11 above, the buyer shall hold the goods and each of them on a fiduciary basis as bailee for the seller. The buyer shall store the goods (at no cost to the seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the seller’s property.
- The seller shall be entitled to recover the goods or the price, notwithstanding that title in any goods has not passed from the seller to the buyer.
- Until such a time as title in goods passes from the seller to the buyer, the buyer shall upon request deliver up such goods at the expense of the buyer. If the buyer fails to do so, the seller or the seller’s agent may enter the premises where the goods are situated and repossess the goods.
- If a resolution be passed for the winding up of the buyer or if any court of competent jurisdiction shall make an administration order or an order for winding up or bankruptcy of the buyers, or if an administrative receiver be appointed the seller shall be entitled to receive and recover from the buyers premises any goods supplied by the seller to equal value to the sum then owing to the seller without being required to distinguish between those goods for which payment has been made and those goods for which no payment has been received.
- Notwithstanding that the goods (or any of them) remain the property of the seller; the buyer may sell the goods at full market value for the account of the seller. Any such sale shall be the sale of the sellers property by the buyer on the buyers own behalf and the buyer shall deal as principal when making such sales. Until title in the goods passes from the seller, the entire sale proceeds shall be held in trust for the seller and shall not be mixed with other money or paid into an overdrawn account and shall be at material times identified as the sellers property.
- The seller shall be under no liability whatsoever to the buyer for an indirect loss and/or expense (including loss of profit) suffered by the buyer arising out of breach by the seller of this contract.
- This contract is subject to the laws of Kenya.
WARRANTY & GUARANTEE
- Your GG Aquarium guarantee period is three consecutive years from the date of purchase.
- Once product assembly/installation has commenced glass breakage cannot be claimed for under this guarantee.
- Proof of purchase showing the date and place of purchase must be retained by the customer as the guarantee is only available to the original purchasing customer. The benefit of the guarantee cannot be transferred to a third party. Please keep proof of purchase safe along with this Guarantee Terms & Conditions information.
- The Guarantee covers the product against defects in materials or manufacture only and does not apply to normal wear and tear.
- Before installation is carried out the customer must inspect the product for obvious defects. A claim will not be accepted if an obvious defect is found after installation.
- This guarantee covers normal domestic use only.
- This guarantee does not apply to any faults caused by willful damage, neglect, misuse (including inappropriate cleaning), failure to follow recommended instructions, use in abnormal conditions, accidental breakage and other events outside of the manufacturer’s control.
- The guarantee does not cover any product that has been modified, altered, transformed or relocated in any way. It does not cover any products not supplied in the original order. The Guarantee will be valid only if all installation, care and maintenance instructions have been adhered to.
- If the product is defective in materials or manufacture the original customer must contact GG Aquariums within 30 days of the fault occurring. We reserve the right to inspect the product before removal or repair. We must be provided with those facilities we reasonably require to carry out a proper inspection. If a replacement product or repair is necessary, we reserve the right to replace the product or carry out the repair using our own GG Aquariums service engineers.
- If the fault is not resolved, the product should be returned to GG Aquariums and at our discretion we will either refund the purchase price, or send new goods to you as a replacement. This shall constitute our sole obligation under this guarantee.
- As our policy is one of continuous improvement, product changes may give rise to alternative products. Where an identical product is no longer available, we will supply the nearest equivalent from our current range.
- If a claim is made under the guarantee and the defect is not due to faulty materials or manufacture, GG Aquariums reserve the right to charge the customer for time spent by the engineer at an hourly rate plus callout fee and for any replacement parts.
- The guarantee is in addition to and does not affect your statutory rights.
DELIVERY & RETURNS
Processing your order and delivery dates
Once your order is confirmed as available for delivery we will contact you to agree definite arrangements for the date of delivery. Every effort is made to see that the approximate delivery date is accurate.
Delivery and installation
GG engineers will deliver, install, and complete a full dry set-up of your aquarium. We will remove and responsibly dispose of all packaging.
On the day of delivery, please ensure that the delivery team can gain easy access to the room that the GG Aquarium is going into. Please make sure that the area you want the aquarium placed is cleared and level. To make sure you are completely satisfied with your GG Aquarium the delivery team will ask you to sign for your aquarium after it has been positioned or installed.
Cancellation and Refund Policy
In the event of the product being defective in materials or manufacture we reserve the right to inspect the product before removal or repair. We must be provided with those facilities we reasonably require to carry out a proper inspection. If a replacement product or repair is necessary, we reserve the right to replace the product or carry out the repair using our own GG service engineers.
If the fault is not resolved, we will arrange collection of the aquarium at our own cost, and at our discretion we will either refund the purchase price, or send new goods to you as a replacement.
GENERAL TERMS AND CONDITIONS
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.
- Licence to use website
2.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
2.2 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
2.3 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- Acceptable use
3.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) [access or otherwise interact with our website using any robot, spider or other automated means;]
(f) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).]
3.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
3.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].
- Third party rights
4.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
4.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Our details
5.1 This website is owned and operated by GG Aquariums.
5.2 Our principal place of business is at Loresho Estate, Crescent Lane, Nairobi Kenya