Terms and Conditions

The website fishandlily.com.au is owned by Zute Pty Ltd ATF the Hoffman Family Trust. This website may be used for browsing, selecting and ordering products from Zute Pty Ltd ATF The Hoffman Family Trust Trading as Swan Valley Fish and Lily Farm ABN 82074284942 ("us" or "we"). Any agreement or contract to buy product from this website is with Swan Valley Fish and Lily Farm. The name Your Pond is a registered business name of Zute Pty Ltd ATF The Hoffman Family Trust.

"You" or "Your" is any person who browses, selects or orders products from this website.

You agree to comply with the terms and conditions of this website.

Orders

When placing an order through this website you agree to purchase the selected product for the price notified on this website (including delivery) at the time you place your order.

All prices quoted on this website include GST.

We reserve the right to change prices without notice. Once we have accepted your order we will not change the prices for the products in your order or for products on backorder.

We retain the right to reject any order. Examples of circumstances where an order may be rejected include, but are not limited to; where there has been a mistake in the pricing of a product, where the requested product is not available, where multiples of a product is ordered in an attempt to circumvent shipping charges ie ordering 20 x 1kg bags of product rather than 1 x 20kg bag, where ordering over the maximum quantity of any product if stated. We will notify you of any rejection of order in a reasonable timeframe via email or telephone.

When you place an order with us, we will supply the products to you in accordance with the terms and conditions of this website and provide you with confirmation via email. When you place an order with us you are entering into an agreement with us for supply of the products ordered.

If a product you order is not in stock we will contact you via email or telephone to advise an estimated delivery date. You have the option of waiting for the product to become available, choosing a different product (of the same monetary value) or canceling your order. If you wish to cancel your order due to product not being available then we will refund all monies paid by you for the product that is not available.

Our Returns Policy forms part of these terms and conditions and can be viewed on this website.

Delivery

We can only deliver products to locations in Australia that have delivery services available. We only sell product within Australia, overseas orders will not be accepted.

You agree that any person at the delivery location provided by you, that accepts delivery of the product, is authorised to do so. Title to the product passes to you upon delivery. You accept that product may be delivered to you by us on an "authority to leave" basis, we accept no responsibility for loss once goods have been delivered.

You must notify us of any non delivery of items within 14 days of placing your order. If you notice damage to a product when the product is being delivered to you, you should refuse to accept delivery of the product and notify us immediately. If you notice damage to a product after you have accepted delivery you must notify us within 48 hours via email or telephone. Please note that preformed ponds often have minor surface scratching and imperfections due to the manufacturing process this is not a reason to reject the item.

At no point do we guarantee delivery times. Delivery timeframes stated on this website should be used as a guide only. We can not be held responsible for delays in delivery. A delay in delivery can not be used as a reason to cancel an order. We will not refund delivery fees due to delays in delivery. We use a third party system for delivery quotes, we do not accept responsibility for their quoted times.

For further information regarding delivery please see the page titled Delivery on this website.

Payment and Receipt

We accept payment by credit card through a secure payment gateway. At no point do we hold your credit card details.

When you purchase goods from this website you are authorising us to deduct the total amount (product plus delivery fee) from your credit card. We accept Visa, Mastercard and American Express.

You must not attempt to buy product from us using a credit card that does not belong to you or through any fraudulent means.

We will provide a receipt to you with delivery of your order. You must keep this receipt for all exchanges, refunds or warranty claims. We are unable to provide additional copies of receipts.

General

Any advice given in fact sheets on this website by us in relation to any product is provided as a general guide only, for the purpose of assisting you in your product purchase. Every individual circumstance is different and products may perform differently in different circumstances. In no way do we provide any additional guarantee or warranty beyond what is provided under the "manufacturers warranty" or "Consumer Guarantee".

All water lily images on this website are the property of Swan Valley Fish and Lily farm and can not be copied or reproduced without our express permission.

This website may not be copied or reproduced.

We reserve the right to change our terms and conditions, we therefore recommend that you check our terms and conditions with the placement of each order.

Our Privacy Policy, Returns Policy and Delivery Information are outlined on this website and form part of these terms and conditions.