TATEGOI-KOI “THE COMPANY” CONDITIONS AND TERMS OF TRADING
1. GENERAL
All orders accepted solely upon and subject to the following terms and conditions to the exclusion of all other terms and conditions except such (if any) as are specifically accepted by the Company in writing. Acceptance of delivery shall be conclusive evidence of acceptance of these terms and conditions.
2. DELIVERY PROMISES
These are given in good faith and will be adhered to, as far as possible, but no liability will be accepted for subsequent unforeseen delays. Goods offered ex-stock are subject to their being unsold on receipt of confirmation.
3. RETURNS AND CANCELLATION POLICY
To return an item please contact us first, we will not accept delivery of returns without prior arrangement with an approved returns number.
If any goods are faulty on receipt, they MUST be returned to us within 7 days for technical inspection, which may be at our store or the manufacturer, prior to a replacement item being despatched. Goods returned will be at your expense and returned parcels are your responsibility until safely received by us.
Please note any unwanted goods are to be returned to us within 14 days and must be in their original condition and packaging. Orders received may be cancelled within twenty four hours for any reason, cancellations should be via email and a cancellation number will be issued, an administration fee of five percent will be deducted from the refund to cover admin and card charges incurred. Any items received damaged should not be signed for, delivery should be refused, the carrier will then return the goods for credit processing. Any items opened after delivery that are found to be damaged, faulty or incomplete must be notified to us within 24 hours of receipt.
Delivery
All orders for TateGoi-Koi goods will be delivered free within the UK Mainland.
Products will be normally delivered within 5-7 days excluding Saturday, Sunday and bank holidays.
PLEASE NOTE THE FREE SHIPPING IS ONLY AVAILABLE IN THE MAINLAND UNITED KINGDOM. ALL OVERSEAS ORDERS PLEASE CONTACT US BEFORE PLACING ORDERS TO CALCULATE SHIPPING COSTS
4. LOSS or DAMAGE in TRANSIT
Where goods are sent carriage paid the Company will replace free of charge goods damaged or lost in transit provided that written notification is given to the Company within three days of delivery or in the case of total non-delivery notice is given to the carriers and the Company within seven days of the date of notice of despatch.
5. INSPECTION
The customer shall inspect the goods immediately on arrival thereof and shall note shortages or damage on the delivery note and give written notice to the delivery driver, with full details of the claim, within seven days from such arrival.
If the customer should fail to give such notice within the said period the goods shall be deemed to be in all respects in accordance with the contract and the customer shall be bound to accept and pay for them accordingly.
6. RETENTION OF TITLE
(1) Risk in the goods shall pass to the customer immediately on delivery to the customer or into custody on the customer’s behalf whichever is the sooner.
(2) Notwithstanding delivery, the goods shall remain the property of the Company (which reserves the right to dispose of this contract) until the Company has received payment of the full price of (a) all related goods and (b) all other goods supplied by the Company to the customer under any other contract whatsoever.
(3) The customer shall nevertheless be entitled to deal with the goods in the ordinary course of business provided that:
(a) The customer shall not purport to dispose of property in the goods until delivery to its own customer.
(b) The customer shall first dispose of the goods that it has paid for and any payments received by the Company from the customer shall first be appropriated to goods disposed of by the customer.
(c) If the goods are altered or any goods become attached to the goods or if any part of the goods is replaced, such other goods or replacement parts shall accede to and form part of the goods and such attachment or replacement shall not affect the Company’s property in the goods.
(4)Until property in the goods passes to the customer the customer shall hold the goods as bailee for the Company and shall store the goods in such a way that they are readily identifiable as the property of the Company.
(5) If payment of the price or any part of it under this or any other contract is overdue or if the customer is in breach of any contractual term of this or any other contract with the Company or if a Receiver is appointed over all or any part of the undertaking of the customer or commences to be wound up or become bankrupt, then (without notice): -
(a) All sums payable by the customer to the Company under this or any other contract shall become immediately due and payable.
(b) The customer shall cease to be entitled to sell, use in manufacture or otherwise deal with the goods.
(c) The Company shall be entitled to recover and resell the goods (without prejudice to its right to damages) and for that purpose the customer hereby irrevocably grants the Company its servants or agents a licence to enter upon the customer’s premises for the purpose of removing the goods.
(d) The Company shall be entitled to stop all further deliveries of goods to the customer under this or any other contract.
(6) If any of the foregoing provisions shall be invalid or unenforceable such invalidity or unenforceability shall not affect the remaining provisions.
7. PAYMENT
Payment of all goods is required before they are dispatched. This can be either be paid by Credit card, Postal order, or cheque.
TateGoi-Koi does not take deposits for any koi or TateGoi. Koi or TateGoi cannot be reserved without full payment. Any special order goods require a payment to be taken, prior to TateGoi-Koi ordering from our breeders.
8. SPECIFICATION
In accordance with our policy of constant improvement we reserve the right to modify or amend without notice the specification of any of our products.
9. VARIANCE TO TERMS AND CONDITIONS
The terms and conditions of TateGoi Koi may vary from time to time. Updated terms and conditions will be posted on the www.tategoi-koi.com website and in force for all trading from the posting date. The terms and conditions of TateGoi-Koi do not affect the statutory rights of our customers.
10. LIABILITY
(1) The Company’s liability whether in respect of one claim or in the aggregate arising out of any contract shall not exceed the purchase price payable under the contract
(2)Except as specifically provided in these Conditions, no liability is accepted for any direct or indirect costs, damages or expenses relating to damage to property or injury or loss to any person firm or company or for any loss of profits or production arising out of or occasioned by any defect in or failure of goods or materials or parts thereof supplied by the Company (3) Except as specifically provided in these Conditions, no liability by Tategoi-koi, its owners or employees or agents is accepted for any direct or indirect costs, damages or expenses relating to damage to property or injury or loss to any person, firm or company or for any loss of profits or production arising out of or occasioned by any defect in or failure of goods, services or koi supplied or materials or parts thereof supplied by the Company.
(4) Tategoi-Koi accept no liability for koi purchased once they leave our premises and control of our own bio-security holding tanks. Every effort is made to ensure that koi we purchase are supplied disease free (all known or unknown diseases including KHV) from reputable breeders in Japan who are regularly inspected and issued with disease free accreditation from their animal health authorities. Tategoi-Koi accept no liability from any Koi diseases (known ir unknown) that may be transmitted from a purchased koi to other koi held by customers in their own ponds.
(5) Whilst koi may be advertised as being of a particular sex there is no guarantee offered by Tategoi-Koi that this is the case. Tategoi-Koi endeavours to ensures that the breeder identifies the sex of the koi where possible when we purchase stocks. It is not always possible to be 100% sure of the sex in younger koi and some koi will offer characteristics of one sex whilst actually being of the other sex. No refunds will be given should the koi later be found to be of a sex other than that which was advertised.
(6) Tategoi-koi/Koi Breeders Direct uses its best endeavours to ensure that every fish is shipped to clients in the best of health. We recommend that you register any fish with a veterinary surgeon within 48 hours of delivery. All fish must be quarantined for a minimum of 8 weeks before being introduced to fish from any other source. A veterinary inspection must be performed on each fish purchased, prior to the fish being released from quarantine and a veterinary certificate obtained. In the extremely unlikely event that the veterinary surgeon should find any illness, disability or infirmity this must reported in writing or via email to info@tategoi-koi.com or info@koibreedersdirect.com immediately. We reserve the right to have the illness or cause of death confirmed by our veterinarian or one of our choice and at our expense. If an illness or injury is determined to have been present at the time of delivery of the fish, a full refund or replacement fish will be supplied by Tategoi-Koi/Koi Breeders Direct. This guarantee does not cover illnesses or injuries which are a result of travel, food, water or environmental changes or exposure. The Company Tategoi-Koi liability whether in respect of one claim or in the aggregate arising out of any contract shall not exceed the purchase price payable under the contract. Save as to the above, Tategoi-Koi/Koi Breeders Direct accept no responsibility or liability whatsoever.
Tategoi Koi/Koi Breeders Direct provide an accurate description as possible of the fish that are for sale. Fish are priced according to age, size, gender, quality of colour or pattern, breeder, and/or possible future potential. Tategoi-Koi/Koi Breeders Direct makes no guarantees implied or otherwise that any fish will gain or achieve any title.
11. FORCE MAJEURE
The Company shall be under no liability for any delay, loss or damage caused wholly or in part by Act of God, Governmental restriction condition or control or by reason of any act done pursuant to a trade dispute whether such dispute involves the Company’s employees or not or by reason of any other act matter or thing beyond the reasonable control of the Company.
12. LAW APPLICABLE
All contracts are deemed to be entered into in England and shall be governed and constructed in accordance with English Law.
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