PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
2. Information about us
The Site is operated by Quayside Fish (referred to below as the “Company”, “we” or “us”) and the registered office address and main trading address of the Company is Fore Street, Porthleven, Cornwall, TR13 9HJ
3. Your status
By placing an order through the Site, you warrant that you are a resident of the United Kingdom, the Channel Isles or the Isle of Man and are legally capable of entering into binding contracts and that you are at least 18 years old.
4. Formation of the contract
4.1 These Terms of Sale apply to all goods supplied by the Company.
4.2 No contract exists between you and the Company for the sale of any goods until the Company has received and accepted your order and sends you a dispatch confirmation in writing or by email to the address or email address you have given. Once the Company does so, there is a binding legal contract between you and the Company.
4.3 The contract is subject to your right of cancellation (see below).
4.4 The Company may change these Terms of Sale without notice to you in relation to future sales.
5. Description and price of the goods
5.1 The description and price of the goods you order will be as shown on the Site at the time you place your order.
5.2 The goods are subject to availability. If on receipt of your order the goods or certain of the goods you have ordered are not available or in stock, the Company will inform you as soon as possible, and in any event on or before the dispatch confirmation, and will refund or re-credit you for any sum that has been paid by you or charged to your credit or debit card for the goods concerned.
5.3 Every effort is made to ensure that prices shown on the Site are accurate at the time you place your order. If an error is found, the Company will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, the Company will refund or re credit you or your account for any sum that has been paid by you or charged to your credit or debit card for the goods.
5.4 In addition to the price of the goods, you may be required to pay a delivery charge, as shown in the section of the Site about delivery.
5.5 The price of the goods and delivery charges are inclusive of VAT.
Payment for the goods and delivery charges can be made by any method shown on the Site at the time you place your order. We will not charge your credit/debit card until we have accepted your order and we send you an order confirmation email.
7. Delivery & risk
7.1 The goods you order will be delivered to the delivery address you give when you place your order, except that deliveries are not made outside the United Kingdom mainland.
7.2 If there is no one at the address given who is competent to accept delivery of the goods, you will be notified of alternative arrangements.
7.3 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Company will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, the Company will inform you as soon as possible.
7.4 You will become the owner of the goods you ordered when we have received full payment of all sums due in respect of the goods you have ordered, including the delivery charges.
7.5 You will be responsible for risk of loss of or damage to the goods once they have been delivered to you.
7.6 Next day delivery can only be fulfilled if the order is placed with the website before 10:00 GMT. Any orders placed after this time will be honoured the following day.
8. Your right of cancellation
You may cancel your order at any time up to 10:00 GMT the day before delivery.
If you wish to return the goods because you claim that the goods are defective (i.e. “faulty”) you may do this within 24 hours of delivery by first contacting us on 01326 562008 or by e-mail to email@example.com who will advise you of how to do this, you may specify whether you require a refund or a replacement.
10. Data protection
11. Applicable law
1. Information about us
The Site is operated by the Company whose office address and main trading address is Fore Street, Porthleven, Cornwall, TR13 9HJ, email: firstname.lastname@example.org.
2. Site Use and Access
2.2 Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw any service we provide on the Site. We will not be liable, if for any reason, the Site is unavailable at any time or for any period.
2.3 From time to time, we may restrict access to some parts of the Site, or the entire Site, to users who have registered with us.
2.4 The Site is only intended for use by people resident in the United Kingdom, the Channel Isles or the Isle of Man.
2.5 The Site is not available for commercial use. The Company reserves the right to refuse orders from businesses or orders that we consider are for commercial or other non-domestic concerns.
3. Amendments & Information
3.2 Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
4.1 If you are under 18 years of age we will require your parent or other guardian to register to place and pay for any order by you.
4.2 You must ensure that the details provided by you on registration or at any time are correct and complete.
4.3 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
5. Password & Security
5.1 When you register to use the Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password, you should notify us immediately and then you must change your password.
5.2 If the Company has reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account.
6. Intellectual Property
The content of the Site is protected by copyright, trademarks, database rights and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from the Company.
7. Your Use of the Site
7.1 You may not use the Site for any of the following purposes:
7.1.1 disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
7.1.2 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
7.1.3 interfering with any other person’s use or enjoyment of the Site; or
7.1.4 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
7.2 You will be responsible for our losses and costs resulting from your breach of this paragraph 7.
8. Availability of the Site
8.1 Although we aim to offer you the best service possible, we make no promise that the services at the Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Site, you should report it to email@example.com and we will attempt to correct the fault as soon as we reasonably can.
8.2 Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
9. The Company’s right to suspend or cancel your registration
9.2 The suspension or cancellation of your registration and your right to use the Site shall not affect either party’s statutory rights or liabilities.
10. The Company’s Liability
10.1 The Site provides content from other Internet sites or resources, and while the Company tries to ensure that material included on the Site is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If the Company is informed of any inaccuracies in the material on the Site, we will attempt to correct the inaccuracies as soon as we reasonably can.
10.3 To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
10.3.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
10.3.2 Any liability for direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including without limitation any liability for:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
(h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
10.4 This paragraph 10 shall not limit or affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
11. Processing your Information
12. Site Transactions
Contracts for the supply of goods or services formed through the Site or as a result of visits made by you are governed by our Terms of Sale.
13. Third Party Websites & Linking
13.1 As a convenience to customers, the Site may include links to other websites or material which are beyond its control. The Company is not responsible for content on any site outside the Site and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
13.2 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.3 You must not establish a link from any website that is not owned by you.
13.4 The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.
13.5 If you wish to make any use of material on the Site other than that set out above, please address your request to firstname.lastname@example.org
14. Viruses, Hacking and Other Offences
14.1 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.
We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
14.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
15. Advertising & Sponsorship
Parts of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
16. Applicable Law
17. International Use
The Company makes no promise that materials on the Site are appropriate or available for use in locations outside the United Kingdom, the Channel Isles or the Isle of Man and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, the Channel Isles or the Isle of Man you do so on your own initiative and are responsible for compliance with local laws.
18. Trade marks
Quayside Fish and certain other marks are registered trademarks of Quayside Fish or their suppliers.