Shipping policy

Fish Sales

The Koi that we sell are sold to you on the understanding that you are familiar with the basics requirements of Koi keeping.  Please ask for Basic Koi Keeping advice if not.

The photograph of the fish shown is a photograph of the actual fish for sale. If this is not the case, for example when advertising koi fry or a group of fish, it will be clearly stated that the photograph is a representation of what will be supplied and not the actual fish being shipped. Every effort is made to provide photographs that accurately represent the Koi being sold, however colours of Koi displayed on the website will vary  on each computer screen or handheld device. Koi are measured from the tip of their tail to the tip of their nose, which is the standard method of measuring throughout the Koi industry and at Koi shows.

You must take delivery of your Koi no later than two weeks from the date of the order. Delivery is overnight and scheduled to arrive by 1.00 pm the day after shipping. After you have placed your order, you will receive an email or Text message asking if You are able to accept delivery of your Koi on a given day and, once agreed, tracking information will be sent to you the day before delivery. This service is available in England, Scotland and Wales mainland (excluding some postcodes in England and Scotland where delivery by 1.00 pm cannot be guaranteed. 

Cost of shipping per box will be shown on your invoice.

Purchasers must be aged 16 or over and if for Trade sales possess a valid pet shop licence and Number must be supplied prior to the sale.

All fish shipped will be inspected prior to packing to ensure they are in a healthy condition and fit for sale, showing normal behavioral signs, coloration and feeding patterns. Prior to shipping, feeding will be withdrawn as appropriate. Fish will be packed in double-skinned poly bags and the bags inflated with sufficient oxygen content and water to support them for shipping duration.

Customers MUST be on site to accept delivery of all Koi.

If your fish does not reach you in good health, you must inform us immediately upon delivery. Sufficient photographic or video evidence must be provided before any refund can be issued. For example, a photograph of a damaged box on arrival before it is opened, a photograph or short video of Koi that shows signs of poor health, before the bag is opened, and also afterwards.

It is the customer’s responsibility to ensure that the environment that their new Koi is being introduced to is suitable, healthy and well maintained. Once delivery has been made, you, the purchaser, are legally responsible for the welfare of your new Koi.

Once you have received your Koi, you must immediately open the box carefully and float the unopened bag, on the pond that your Koi will be released into, for 30 – 60 minutes so that the water temperature in the bag will equalise with its new environment.  Release your Koi gently into their new pond, let them settle down peacefully and keep a close eye on them to ensure they are happy. We recommend that you quarantine all new Koi, wherever you buy them from, if at all possible. If you observe signs of ill health in your Koi, you must act immediately.  If in the unlikely event of a Koi death we need  photos, video or recordings which need to be sent,  you will be required to send a  supply sample of water from your pond or your tank, sent to us, in a packaging that will withstand transport. If in the unlikely event the Koi has a health issue that is within a 24 hour period of delivery of Koi you must inform us immediateley.

As a Koi keeper you, The Customer, are bound by the Animal Welfare Act 2006 to care for your Koi as you would any other animal.

Animal Welfare Act 2006 section 9
“Duty of person responsible for animal to ensure welfare"

1. A person commits an offence if he does not take such steps as are reasonable in all the circumstances to ensure that the needs of an animal for which he is responsible are met to the extent required by good practice.
2. For the purposes of this Act, an animal’s needs shall be taken to include -
1. its need for a suitable environment,
2. its need for a suitable diet,
3. its need to be able to exhibit normal behaviour patterns,
4. any need it has to be housed with, or apart from, other animals, and
5. its need to be protected from pain, suffering, injury and disease.
3. The circumstances to which it is relevant to have regard when applying subsection (1) include, in particular -
1. any lawful purpose for which the animal is kept, and
2. any lawful activity undertaken in relation to the animal.

Fish and Dry Goods

Payments

Payment can be made by

• An online payment method, credit or debit card, when placing your order online.

• BACS to:
• Payee: KOI WATER WAYS LTD
• Account Number: 30079363
• Sort Code: 82-19-74

The total price payable for the goods will be stipulated at the time you place your order whether or not the order has been confirmed. We are entitled to make adjustments to the price to take account of any increase in our supplier’s prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been confirmed. We will inform you of the correct price and give you the opportunity to cancel the order. Delivery charges will be displayed and payable as indicated at the time of placing your order. All Payments are displayed, and will be taken for payment, in GBP and no other currency.

Cancellation Policy

You have the right to cancel your order within 7 working days, starting from the date of the order being placed or at any time up to the moment your order is shipped.

Refund Policy

If you decide to cancel your order before it is shipped, and your credit/debit card has already been charged, we will issue a credit to your credit/debit card account, or a refund via Paypal if payment was made via Paypal. The time it takes for a refund to be processed depends on the payment method that was used. Credit and debit card refunds usually take 3-5 business days to appear on the cardholder’s statement.

Uncollected Fish

You have 14 days to collect or take delivery of your purchased Koi. If after this time you have not collected or taken delivery of your Koi You will be refunded and the Kio in question sold. A percentage of the refund will be charged for administration currently 10%. 

Returns/Refunds – (Fish sales) 

Live fish are considered “perishable” and as such, an order may not be terminated once it has been shipped and cannot be returned. If your fish does not reach you in good health, you must inform us immediately upon delivery. Sufficient photographic or video evidence must be provided before any refund can be issued. For example, a photograph of a damaged box on arrival before it is opened, a photograph or short video of Koi that shows signs of poor health, before the bag is opened, and also afterwards.

Returns – (Non fish sales only)

You have 14 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase. 

Refunds on returned items

Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on credit card or debit card time taken to reimburse.

Shipping

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Disputes

As a responsible retailer and to provide our customers with added peace of mind in relation to our commitment to customer service we are a member of The Retail Ombudsman. The Retail Ombudsman is authorized by Government to provide alternative dispute resolution services. The service is free for consumers to use and as a member we follow a strict Code of Conduct, which means that we are bound by their decisions. For more information visit https://www.cdrl.org.uk, call 0203 540 8063.

General terms and conditions

Definitions of Terms

• The purchaser, customer, consumer or user of this website or any sales and or service provided by KOI WATER WAYS LTD will be referred to as ‘The Customer’.
• Any reference to ‘you’ refers to The Customer
• The term ‘account’ refers to:
• Holding a trade account with KOI WATER WAYS LTD
• Having an online login account on any KOI WATER WAYS   Website.

• The ordering/request of any product, return, delivery, shipment, sample, item, credit, invoice, instruction, email.
• Any purchases made from KOI WATER WAYS

General Terms

1. The prices/products/offers listed on our website and in our catalogue are meant as an invitation to treat and not a guarantee of sale or a contractual offer.
2. Prices and products are subject to change and availability may be limited.
3. Images of products are only meant as an indication, the actual colours/appearance of the product compared to the image may vary.
4. KOI WATER WAYS  will not be responsible for the sending of incorrect goods if orders by email or by telephone do not use product codes. Only specifically stated product codes during the order process will allow The Customer any rights for replacement or refunds of goods sent that were not the goods The Customer intended to order. This does not apply to broken goods or affect any rights granted by statute.
5. Whilst we may refund any unused goods at our discretion, you will bear the charge for delivery and costs. This does not apply for goods not listed in our product catalogue or for orders made via our website.
6. KOI WATER WAYS  accept no liability for any advice given to The Customer, either during an electronic, phone, or face to face conversation. The Customer follows any and all advice strictly at their own risk.
7. Some of our products may require specialist installation, we recommend that any goods are used and/or installed by a professional and any instructions followed fully.
8. All livestock (live animals/creatures) must be paid for in full upon collection or prior to delivery.
9. Whilst KOI WATER WAYS endeavour to ensure all livestock are in good health upon delivery to The Customer and advise that livestock undergo a quarantine period after purchase, KOI  WATER WAYS  cannot accept any responsibility for damage, illness, fault or death of any livestock after they have been purchased from KOI WATER WAYS  by The Customer.
10. 10.If The Customer registering with KOI WATER WAYS  is a business entity, you represent that you have the authority to legally bind that entity.

Delivery

1. Our ‘Next Day’ delivery service is a next working day service (weekdays) and is not guaranteed. We endeavour to provide orders by next day but this is not always possible. KOI WATER WAYS  will not be liable for any losses due to late deliveries. KOI WATER WAYS  strongly recommend that if you need items before a certain date, The Customer should order as early as possible.
2. Each time the customer places any order or any request to drop off or pick up any item, including by a third party, KOI WATER WAYS  must be given the explicit address that this request applies to. If no address is given, the address used will be the default address as agreed with the customer whilst setting up their account. Delivery is to the British Mainland only excluding some postcodes in Scotland.

       Accounts, Balances and Payments

KOI WATER WAYS  do not offer credit. All orders must be paid for in full before they will be sent

Online Stores

Applies to Online Stores, but can also apply to any type of KOI WATER WAYS Service.

1. The placement of an order by The Customer shall not be taken as a legal contract. The Customer makes an offer in completing the order/checkout process on our website which will only become a binding contract at the point that KOI WATER WAYS  accepts the offer. Automatic/Online payment that has been made does not constitute acceptance.
2. KOI WATER WAYS  will only have accepted the offer at the point that The Customer’s order is notified as ‘preparation in progress’, ‘shipped’ or ‘delivered’.
3. Any notifications that payment has been accepted refers only to the payment process and not to the acceptance of an offer.

Returns

1. When returning a faulty product to KOI WATER WAYS , The Customer agrees that they will include enough written information inside of the sent package to enable KOI WATER WAYS  to contact you. This must include at least:
1. A working telephone number
2. A valid return postal address
3. Your account name if you have one
4. The fact that this is a return, a description of the fault and what you would like us to do.
5. Any returns sent to us without this information will not be processed as we will not have the details required to establish why the package has been sent to us.
2. KOI WATER WAYS  reserve the right to dismiss any claims of damage that are not covered by The Customer’s statutory rights.
3. KOI WATER WAYS  may refuse to repair, accept, replace, refund, or otherwise act upon a returned product if any of the following reasons apply to the returned item:
1. Have no fault with them
2. The fault has been caused by the customer
3. The fault has been caused by any third party the customer has supplied the product to.
4. The product is out of guarantee and the fault is not covered by statutory rights. If the customer returns an item that it is not our duty to act upon and/or is not covered by statute, the customer must pay all carriage charges for getting the item to us and back from us. KOI WATER WAYS  reserve the right to refuse a return if it has not been returned by The Customer that purchased the product.

Customer Obligations

1. The customer agrees that they will not:
1. Breach or circumvent any laws, third party rights of KOI WATER WAYS  or our terms and conditions.
2. Infringe the copyright, trademark or other rights of KOI WATER WAYS  or its affiliates.
3. Use KOI WATER WAYS ’ Services if you (The Customer) are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our services.
4. Manipulate the price of any item or interfere with any website listings or services.
5. Post false, inaccurate, misleading, defamatory, or libellous content on any KOI WATER WAYS  websites or social media sites.
6. Take any action that may damage or undermine the features designed to allow user feedback on any KOI WATER WAYS  website or social media site.
7. Transfer your account or control of your account to another party, entity, business or person without our consent.
8. Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes on any KOI WATER WAYS  website or service.
9. Distribute viruses or any other technologies that may harm KOI WATER WAYS  or its users on any KOI WATER WAYS website or service.

1. 10.Impose/cause disproportionate activity/traffic to/on KOI WATER WAYS  websites/services.
2. 11.Copy, modify, or distribute rights or content from KOI WATER WAYS ’ copyrights and trademarks.
3. 12.Copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (including images) (except for your information) from our Services without the prior express written permission of  KOI WATER WAYS  and any appropriate third party, as applicable.
4. 13. collect information about users, such as email addresses, without their consent from any KOI WATER WAYS  website or service.

1. 14.Copy, use, distribute or modify any images or content from our publications or websites without our express consent.
2. 15.Important Warning: giving false, misleading or inaccurate information during the use of any KOI WATER WAYS service that causes loss or damage to KOI WATER WAYS  may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

Exclusion of Liabilities

1. KOI WATER WAYS  shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
1. Your use of or your inability to use KOI WATER WAYS  services;
2. Pricing, postage or other guidance provided by KOI WATER WAYS
3. Delays or disruptions in our Services;
4. Viruses or other malicious software obtained by accessing, or linking to, our services;
5. Bugs, errors, or inaccuracies of any kind in our services;
6. Damage to your hardware device from the use of any KOI WATER WAYS Service;
7. A suspension or other action taken with respect to your account or breach of our terms and conditions;
8. Deliveries which are later than expected where the cause is reasonable;
9. Your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to these terms and conditions.
10. 10.We try to keep KOI WATER WAYS and its services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.

Scope of Agreement – General Statements and Terms

1. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
2. Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

1. The Customer’s statutory rights are not affected.
2. Use of this or any KOI WATER WAYS website or the purchase/use of any goods/services by The Customer shall be considered acceptance of the above mentioned Terms and Conditions.
3. Subject to your compliance with these Conditions of Use and applicable Service Terms, KOI WATER WAYS  or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable licence to access and make personal and non-commercial use of the KOI WATER WAYS  Services. This licence does not include any collection and use of any product listings, descriptions, or prices; any derivative use of any KOI WATER WAYS Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by KOI WATER WAYS  or its licensors, suppliers, publishers, rights holders, or other content providers. No KOI WATER WAYS  Service, nor any part of any KOI WATER WAYS  Service, may be reproduced, duplicated, copied, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of KOI WATER WAYS  without our express written consent. You may not use any Meta tags or any other “hidden text” utilising KOI WATER WAYS names or trademarks without our express written consent.

Waiver

1. If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
2. If you breach these Conditions of Use and we take no action immediately, we will still be entitled to use our rights and remedies in the future to the extent allowed by law.

Communications

1. When you use any KOI WATER WAYS  Service or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the website or through the other KOI WATER WAYS  Services. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
2. By holding any account with KOI WATER WAYS  you grant us the right to keep any information sent to us through any medium of communication.

Changes and Amendments to Terms

1. We reserve the right to make changes to any KOI WATER WAYS Service, policy, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the KOI WATER WAYS  Services. If any of these Conditions of Use are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Our Contact Details

1. KOI WATER WAYS LTD
2. KOI WATER WAYS, UNIT 1FB PASSFIELD,  MILL LANE,  HAMPSHIRE, GU30 7QU  reserve the right to terminate all contracts, account statuses, correspondence, sales and business relations (except those granted by statute) if the above terms and conditions are breached.