FREE DELIVERY OVER £60 – Build your hardscape and save on postage
TERMS AND CONDITIONS OF SALE
1. INTRODUCTION AND ACCEPTANCE
1.1 These Terms and Conditions (“Terms”) govern the access to and use of this website and all contracts for the sale of goods by Select Aquascape (“we”, “us”, “our”) to any purchaser (“you”, “your”, “customer”).
1.2 By accessing this website, placing an order, or otherwise engaging in any transaction with us, you confirm that you are at least 18 years of age, legally capable of entering into binding contracts under the laws of England and Wales, and that you agree to be bound by these Terms in full.
1.3 If you do not accept these Terms in their entirety, you must not use this website or purchase goods from us.
1.4 These Terms apply exclusively to the sale of goods and supersede any prior representations, communications, understandings or agreements unless expressly agreed in writing.
2. BUSINESS STATUS AND LEGAL FRAMEWORK
2.1 Select Aquascape is a United Kingdom based online retailer specialising in natural aquarium hardscape materials, including wood, root structures, rocks, stone and decorative natural materials intended for aquascaping use.
2.2 Nothing in these Terms excludes or limits any rights you may have under applicable UK legislation including the Consumer Rights Act 2015 or the Consumer Contracts Regulations. Where any provision of these Terms conflicts with mandatory statutory rights, the statutory rights shall prevail and the remaining provisions shall remain enforceable.
3. NATURE OF GOODS AND NATURAL MATERIAL DISCLAIMER
3.1 All goods sold by Select Aquascape are naturally occurring materials. By their nature, such goods are inherently irregular and variable in composition, density, porosity, mineral content, structural integrity, moisture retention, colouration and external form.
3.2 You acknowledge and accept that variations in shape, mass distribution, surface fissures, cracks, cavities, voids, mineral veins, inclusions, fractures, edge sharpness, and aesthetic characteristics are natural and intrinsic features of such materials and do not constitute defects, faults or misdescriptions.
3.3 Any dimensions, weights, descriptions or classifications provided on the website are approximate and provided in good faith. Minor deviations shall not constitute a breach of contract.
3.4 Where products are sold by weight, a reasonable tolerance of variation may occur due to moisture content, density fluctuation and scale calibration. Such variation shall not give rise to a right of rejection unless materially substantial within the meaning of applicable consumer law.
3.5 Unless expressly stated, product photographs are illustrative only and do not guarantee that you will receive the exact item depicted.
4. AQUARIUM USE, PREPARATION AND SAFETY
4.1 All goods are supplied as raw natural materials and require appropriate preparation prior to aquarium use. You accept full responsibility for cleaning, soaking, curing, boiling where appropriate, testing and otherwise preparing materials before introducing them into any aquatic environment.
4.2 Natural stone may contain trace minerals, carbonates, silicates or other compounds which may influence water chemistry. We do not guarantee that any stone or wood is chemically inert in all aquatic environments or water parameters.
4.3 Wood products may release tannins, biofilm or organic compounds and may require extended soaking before submersion. We do not guarantee that wood will sink without weighting or pre-treatment.
4.4 You assume full responsibility for determining suitability of any product for your specific aquarium, livestock, aquascape design, structural configuration or water chemistry.
4.5 To the fullest extent permitted by law, we shall not be liable for livestock death, plant loss, water contamination, pH fluctuation, equipment damage, glass fracture, silicone seam stress, structural collapse of aquascapes, personal injury arising from lifting or installation, respiratory irritation from stone dust, or any indirect or consequential loss arising from the use or misuse of the goods.
5. STRUCTURAL AND LOAD-BEARING DISCLAIMER
5.1 Natural rock formations and aquascaping structures may be heavy, unstable or irregular in weight distribution. You are solely responsible for ensuring safe stacking, support and structural integrity within your aquarium or installation environment.
5.2 We provide no warranty that any stone or wood is suitable for load-bearing configurations, tall structures, or unsupported stacking arrangements.
5.3 We accept no liability for injury, property damage, aquarium failure, or collapse of aquascaped structures following installation.
6. ORDER PROCESS AND CONTRACT FORMATION
6.1 The submission of an order via our website constitutes an offer to purchase goods subject to these Terms.
6.2 A binding contract is formed only upon dispatch confirmation. We reserve the right to refuse or cancel any order prior to dispatch, including but not limited to cases involving pricing errors, stock discrepancies, suspected fraudulent activity, delivery restrictions, commercial resale concerns, or operational limitations.
6.3 In the event of cancellation prior to dispatch, a full refund of sums paid will be issued and this shall constitute our sole liability.
7. PRICING AND WEBSITE ACCURACY
7.1 Prices are displayed in GBP (£) and are subject to change without notice prior to order confirmation.
7.2 While we make reasonable efforts to ensure accuracy, typographical errors, pricing inaccuracies, stock errors or technical faults may occur. We reserve the right to correct such errors and to cancel affected orders prior to dispatch.
7.3 The website and its content are provided on an “as is” basis without warranty of uninterrupted access, accuracy or freedom from technical defect.
8. DELIVERY, TITLE AND RISK
8.1 Delivery terms are detailed separately in our Delivery Policy.
8.2 Risk in the goods passes to you upon confirmed delivery to the address provided at checkout.
8.3 Title to the goods passes upon full payment being received and cleared.
8.4 We shall not be liable for courier delays, missed delivery attempts, loss following confirmed delivery, incorrect address entry by the customer, access restrictions, adverse weather disruption, fuel shortages, industrial action or other matters beyond our reasonable control.
8.5 You must inspect goods promptly upon delivery and notify us of visible damage within 24 hours. Failure to do so may affect any claim.
9. RETURNS AND CANCELLATIONS
9.1 Your rights to cancel or return goods are governed by our separate Returns Policy and applicable law.
9.2 Due to the heavy and natural nature of the goods, return transport risk remains with you until received by us.
9.3 We reserve the right to reduce any refund to reflect diminished value caused by handling beyond what is reasonably necessary to establish the nature and characteristics of the goods.
10. LIMITATION OF LIABILITY
10.1 To the fullest extent permitted by law, we exclude all liability for indirect, incidental, special or consequential losses including loss of livestock, loss of business, loss of profit, loss of anticipated savings, reputational harm, or emotional distress.
10.2 Our total aggregate liability arising from any contract shall not exceed the purchase price paid for the goods in question.
10.3 Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any matter which cannot lawfully be excluded.
11. FORCE MAJEURE
11.1 We shall not be liable for any delay or failure to perform obligations due to events beyond our reasonable control including but not limited to acts of God, natural disasters, flooding, fire, port congestion, shipping container delays, customs inspections, import restrictions, supplier insolvency, pandemics, war, terrorism, governmental action, industrial disputes, energy shortages or transportation disruption.
11.2 In such circumstances, performance shall be suspended for the duration of the event.
12. COMMERCIAL RESTRICTIONS
12.1 Goods are sold for personal domestic use unless otherwise agreed in writing.
12.2 We reserve the right to refuse or restrict bulk purchases, trade resale or distribution without prior agreement.
13. INTELLECTUAL PROPERTY
13.1 All website content including branding, logos, photography, product descriptions, design layout and marketing materials remain the property of Select Aquascape and may not be reproduced, copied or distributed without written consent.
14. SEVERABILITY
14.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
15. ENTIRE AGREEMENT
15.1 These Terms constitute the entire agreement between the parties in relation to the sale of goods and supersede all prior representations and agreements not expressly incorporated herein.
16. GOVERNING LAW AND JURISDICTION
16.1 These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of England and Wales.
16.2 The courts of England and Wales shall have exclusive jurisdiction.