Terms and Conditions

1. Acceptance of Terms of Use and Amendments.

Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.

2.Terms and Conditions  Of Sale


When you place an order with www.HamiltonsFish.co.uk you are making an offer to purchase goods. We will firstly send you a confirmation email confirming we have received your order and that it is being processed.
Once we have checked the price and availability of the goods, we will email you to confirm that the goods have been dispatched. This dispatch email is confirmation that we accept your order and that a contract has been made between us. We will take payment at time of order, if any adjustments need to be made by us we will issue a refund.

In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will contact you by email to the address which you have submitted with your order. You will not receive an email confirming that the goods have been dispatched and there will be no contract between us. Any products on the same order, which we have not confirmed in our dispatch confirmation email, do not form part of that contract.

If the goods you have ordered are not available from stock we will contact you by email within 7 days and you will have the option to either wait until the goods are available from stock or cancel your order in accordance with our Cancellation & Returns Policy.

Pricing and product availability is subject to change without notice.

Delivery

All  delivery prices advised are to UK mainland excluding Highlands and Islands where we require you to contact us before ordering, due to deliveries taking longer. If we do not receive an email from you prior to your order we will assume you agree to the higher risk of transit. If you live on the first floor or above or there is restricted access to your property please contact us by email at:info@hamiltonsfish.co.uk or by telephone 01626 337540 or 07906 380026 BEFORE placing an order. If the goods are damaged on delivery please contact us within 24 hours of receiving the goods so we can deal with the matter as soon as possible in accordance with your legal rights.

Customer Responsibility

Please be aware that the delivery couriers we use will only deliver to your door and it is the customer’s responsibility to unwrap and take the goods inside. On delivery of the goods please inspect for any damage. If the goods are lost or damaged in transit please contact us within 24 hours by email info@hamiltonsfish.co.uk or by telephone 01626 337540 or 07906 380026

Cancelation & Returns

You have the right to cancel your order within 7 working days from delivery. You must notify us by phone 01626 337540 or 07906 380026 or email info@hamiltonsfish.co.uk if you intend to cancel within the 7 working days. When we receive your intention to cancel we will send you a returns confirmation to be quoted on the paperwork with the returned item(s). You do not have to give any reason for cancellation. However a brief explanation will help us to improve the service we offer our customers in the future.
·        Goods must be returned as they were sold, i.e. complete in original packaging including all parts and accessories.
·        Goods must be unused, tried or tested and must be as new.
·        If an item has been opened it must be re-packed as received with no damage to the packaging.
·        Goods must be returned to us within 14 days from our issue of the returns confirmation. We cannot accept returns of gifts, correctly working or items which are no longer required after 7 days.
You will be financially responsible to return the goods.
No item will be accepted for return without our return confirmation number which is valid for 14 days from date of issue. Goods returned to us without the return confirmation number will be sent back to you and the cost incurred by us of returning the item(s) to you will be charged against your account.

Refunds

No item will be accepted for return without our return confirmation number which is valid for 14 days from date of issue. Goods returned to us without the return confirmation number will be sent back to you and the cost incurred by us of returning the item(s) to you will be charged against your account.
 
Refund of the cost of returned goods is subject to the above conditions being adhered to. Returned items will be refunded the invoice amount less our initial delivery costs.
Any items/accessories found missing after our inspection will be deducted from the invoice amount at that item’s replacement retail price.
Goods received back in a non-saleable condition will be sent back to you and the cost of delivery will be charged against your account. If you fail to return the goods within 14 days we will collect them and we will charge you the direct cost of collection.

3. Our Service.

Our web site and services provided to you on and through our web site on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

4. Your Responsibilities and Registration Obligations.

In order to use this web site, you must or may be asked to register on our site and agree to provide truthful information when requested. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.

5. Privacy Policy.

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

6. Registration and Password. 

You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

7. Your Conduct.

You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

8. Third Party Services.

Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

9. Indemnification.

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your violation of this Terms of Use or any other violation of the rights of another person or party.

10. DISCLAIMER OF WARRANTIES. 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

11. LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

12. Reservation of Rights.

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

13. Notification of Copyright Infringement.

If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address: Hamiltons Fish, Lower mill,Pottery road, Bovey Tracey, TQ13 9JJ

Click email us at info@hamiltonsfish.co.uk to contact our webmaster

14. Applicable Law.

You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.

15. Miscellaneous Information. 

(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that partys right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.

16. Consent

By continuing to browse or otherwise accessing the web site, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this Web Site now.