TERMS AND CONDITIONS OF SALE  OF  www.hydra-aqua.com
1	DEFINITIONS 1.1   "Buyer" means the individual or organisation who buys or agrees to buy the Goods from         the Seller;   1.2    "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms         Act 1977;   1.3    "Contract" means the contract between the Seller and the Buyer for the sale and           purchase of Goods incorporating these Terms and Conditions;   1.4   "Goods" means the articles that the Buyer agrees to buy from the Seller;   1.4    "Seller" means Hydra International Limited of 7 Carters Lane, Kiln Farm, Milton Keynes         MK11 3ER that owns and operates www.hydra-aqua.com;   1.5    "Terms and Conditions" means the terms and conditions of sale set out in this         agreement and any special terms and conditions agreed in writing by the Seller;   1.7   "Website" means www.hydra-aqua.com .
2	CONDITIONS   2.1    Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a         Consumer.   2.2    These Terms and Conditions shall apply to all contracts for the sale of Goods by the           Seller to the Buyer and shall prevail over any other documentation or communication           from the Buyer.   2.3    Any variation to these Terms and Conditions (including any special terms and         conditions agreed between the parties) shall be inapplicable unless agreed in writing by         the Seller.   2.4    Any complaints should be addressed to the Seller's address stated in clause 1.5. .
3	ORDERING   3.1    All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods          pursuant to these Terms and Conditions and are subject to acceptance by the          Seller. The Seller may choose not to accept an order for any reason.   3.2    Where the Goods ordered by the Buyer are not available from stock the Buyer shall be          notified and given the option to either wait until the Goods are available from stock or          cancel the order and receive a full refund within 14 days. .
4	PRICE AND PAYMENT   4.1    The price of the Goods shall be that stipulated on the Website. The price is INCLUSIVE          of VAT. The price EXCLUDES delivery charges.   4.2    The total purchase price, including VAT and delivery charges, if any, will be displayed          in the Buyer’s shopping cart prior to confirming the order.   4.3    After the order is received the Seller shall confirm by email the details, description and          price for the Goods together with information on the right to cancel if the Buyer is a           Consumer.   4.4    Payment of the price plus VAT and delivery charges must be made in full before          dispatch of the Goods. .
5	RIGHTS OF SELLER   5.1    The Seller reserves the right to periodically update prices on the Website, which cannot           be guaranteed for any period of time. The Seller shall make every effort to ensure           prices are correct at the point at which the Buyer places an order.   5.2    The Seller reserves the right to withdraw any Goods from the Website at any time.   5.3    The Seller shall not be liable to anyone for withdrawing any Goods from the Website or           for refusing to process an order. .
6	DELIVERY   6.1    Goods supplied within the UK will normally be delivered within 4 working days of          acceptance of order.   6.2    Goods supplied outside the UK will normally be delivered within 12 working days of          acceptance of order.   6.3    Where a specific delivery date has been agreed, and where this delivery date cannot          be met, the Buyer will be notified and given the opportunity to agree a new delivery date         or receive a full refund.   6.4    The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In          any event time of delivery shall not be of the essence and the Seller shall not be liable          for any losses, costs, damages or expenses incurred by the Buyer or any third party         arising directly or indirectly out of any failure to meet any estimated delivery date.   6.5    Delivery of the Goods shall be made to the Buyer’s address specified in the order and         the Buyer shall make all arrangements necessary to take delivery of the Goods         whenever they are tendered for delivery.   6.6    Title in the Goods shall not pass to the Buyer until payment of the price has been made           in full. .
7	CANCELLATION AND RETURN   7.1    The Buyer may cancel the order for any reason up to the point of dispatch and any         payments made by the Buyer shall be refunded in full within 28 days.   7.2    The Buyer shall inspect the goods [following delivery & notify the Seller if the goods are          damaged or do not comply with any of the contract.] on arrival & notify the Seller if the          goods are damaged or do not comply with any of the contract.   7.3    Where a claim of defect or damage is made, the Goods shall be returned by the Buyer          to the Seller within 28 days of delivery. The Buyer shall be entitled to a replacement or         a full refund (including delivery costs) plus any return postal charges if the Goods are in         fact defective.   7.4    If you are a consumer you have the right, in addition to your other rights, to cancel the          Contract and receive a refund by informing the Seller by writing to our offices 7 Carters          Lane, Kiln Farm, Milton Keynes MK11 3ER or by e-mail to customerservices@hydra-         aqua.com within 7 working days of receipt of the Goods.     7.5    Goods must be returned by the Buyer at the Buyer’s expense within 28 days of          cancellation in the original packaging and should be adequately insured during the         return journey. The Buyer will receive a refund of all monies paid for the Goods          (including delivery charges, if any) except for return postal charges.   7.6    Goods to be returned must clearly show the order number obtained from the Seller on          the package.   7.7    Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer          will be liable for the cost of remedying such damage. .
8	LIMITATION OF LIABILITY   8.1    Except as may be implied by law where the Buyer is dealing as a Consumer, in the         event of any breach of these Terms and Conditions by the Seller the remedies of the          Buyer shall be limited to damages which shall in no circumstances exceed the price of         the Goods and the Seller shall under no circumstances be liable for any indirect,          incidental or consequential loss or damage whatever.   8.2    Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for          death or personal injury resulting from the negligence of the Seller or that of the          Seller’s agents or employees. .
9	WAIVER   No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future. .
10	FORCE MAJEURE   The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. .
11	CHANGES TO TERMS AND CONDITIONS   The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase. .
12	GOVERNING LAW AND JURISDICTION   These Terms and Conditions shall be governed by and construed in accordance with the law of England & Scotland and the parties hereby submit to the exclusive jurisdiction of the English & Scottish courts. .