Terms & Conditions

Marisa Koi Farm is a trading name of Cuttlebrook Koi Farm Ltd. www.cuttlebrookkoifarm.co.uk

Contact details:  info@marisakoifarm.co.uk  tel:  Mark or Sam on 01844 217382  or Iain on 07713 274146.

Marisa Koi Farm supply Koi to the trade and Koi and dry goods to the public.

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 read our Basics of Koi Keeping page for more information.

Where possible 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, it will be clearly stated that the photograph is a representation of what will be supplied and not the actual fish being shipped.

All prices are exclusive of VAT, unless otherwise stated.

Delivery is overnight by APC timed/security service and will arrive by 12.00 pm the day after shipping.  This service is available in England, Scotland and Wales mainland excluding the following postcodes AB30, 33-26, 42-45, 53-56: DD8-DD9 or AB37-38; IV26-28; IV40; IV52-54; KW1-14; PA36; PA40; PH30-41.

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

Purchasers must be aged 16 or over and possess a valid pet shop licence in the case of trade sales.

All fish shipped will be inspected prior to packing to ensure they are in a healthy condition and fit for sale, showing normal behavioural signs, colouration 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 Prior to shipping, feeding will be withdrawn as appropriate.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 the shipping duration.

Customers MUST be in to accept delivery of all Koi.

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 have any questions or concerns about your new Koi, please do not hesitate to contact us.

After sales help:  Please call 07713 274146  or email: info@Marisakoifarm.co.uk, or in the case of an emergency, please call Cuttlebrook Koi Farm on 01844 217382 or email: lisa@cuttlebrookkoifarm.co.uk. Standard network mobile or landline charges apply to all calls.

Payments – Payment can be made via Visa, Mastercard, PayPal or by BACS to Cuttlebrook Koi Farm Ltd, account: 0301390 sort code: 30-95-36, or by telephone by calling 01844 217382. 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 immediately issue a credit to your credit/debit card account to the value of the order, or a refund via Paypal if payment was made via Paypal. Live fish are considered “perishable” and as such, an order may not be terminated once it has been shipped and cannot ordinarily be returned. If your fish do not reach you in good health, you must inform us immediately upon delivery.  Sufficient evidence must be provided before any refund can be issued.

Disputes – As a responsible retailer and to provide our customers with added piece 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 www.theretailombudsman.org.uk, call 0203 137 8268.

General terms and conditions

1) Definitions of Terms a) CKF (Cuttlebrook Koi Farm), Cuttlebrook Koi Farm Ltd and any affiliated companies will be referred to as ‘CKF’. i) Any reference to ‘we’, ‘our’, ‘us’ refers to CKF. b) The purchaser, customer, consumer or user of this website or any sales and or service provided by CKF will be referred to as ‘The Customer’. i) Any reference to ‘you’ refers to The Customer c) The term ‘account’ refers to: i) Holding a trade account with CKF ii) Having an online login account on any CKF Website. d) The term ‘service’ includes, but is not limited to: i) The use of any CKF Website ii) Any CKF Website iii) The ordering/request of any product, return, delivery, shipment, sample, item, credit, invoice, instruction, email. iv) Any purchases made from CKF

2) General Terms a) 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. b) Prices and products are subject to change and availability may be limited. c) Images of products are only meant as an indication, the actual colours/appearance of the product compared to the image may vary. d) CKF 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. e) 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. f) CKF 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. g) 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. h) All livestock (live animals/creatures) must be paid for in full upon collection or prior to delivery. i) Whilst CKF endeavour to ensure all livestock are in good health upon delivery to The Customer and advise that livestock undergo a quarantine period after purchase, CKF cannot accept any responsibility for damage, illness, fault or death of any livestock after they have been purchased from CKF by The Customer. j) If The Customer registering with CKF is a business entity, you represent that you have the authority to legally bind that entity.

3) Delivery a) 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. CKF will not be liable for any losses due to late deliveries. CKF strongly recommend that if you need items before a certain date, The Customer should order as early as possible. b) Each time the customer places any order or any request to drop off or pick up any item, including by a third party, CKF 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. c)

4) Accounts, Balances and Payments a) CKF do not offer credit. All orders must be paid for in full before they will be sent. b) CKF reserve the right to refuse the sale or dispatch of goods without prior warning or notice if an account has an overdue or unpaid balance. c) Where allowed by statute, CKF reserve the right to charge interest on any unpaid balances after 30 days. d) CKF reserve the right to refuse The Customer an account or the right to buy goods or use services provided by CKF. e) CKF reserve the right to remove account status of The Customer if The Customer has an overdue payment or bill for over 30 days. f) Any cheque provided by The Customer that does not clear on first presentation will incur a charge of £30 in order to cover our costs. g) Any charges incurred by CKF due to the recovery of debt by an outside agency will be paid by The Customer. h) All goods remain the property of CKF until the goods in question are paid for in full by The Customer. i) CKF reserves the right to remove any goods from The Customer and/or The Customer’s premises that have not been paid for in full 30 days after the sale/provision.

5) Online Stores – Applies to Online Stores, but can also apply to any type of CKF Service. a) 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 CKF accepts the offer. Automatic/Online payment that has been made does not constitute acceptance. b) CKF will only have accepted the offer at the point that The Customer’s order is notified as ‘preparation in progress’, ‘shipped’ or ‘delivered’. c) Any notifications that payment has been accepted refers only to the payment process and not to the acceptance of an offer.

6) Returns a) When returning a faulty product to CKF, The Customer agrees that they will include enough written information inside of the sent package to enable CKF to contact you. This must include at least: i) A working telephone number ii) A valid return postal address iii) Your account name if you have one iv) The fact that this is a return, a description of the fault and what you would like us to do. v) 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. b) CKF reserve the right to dismiss any claims of damage that are not covered by The Customer’s statutory rights. c) CKF 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: i) Have no fault with them ii) The fault has been caused by the customer iii) The fault has been caused by any third party the customer has supplied the product to. iv) 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. CKF reserve the right to refuse a return if it has not been returned by The Customer that purchased the product.

7) Customer Obligations a) The customer agrees that they will not: i) Breach or circumvent any laws, third party rights of CKF or our terms and conditions. ii) Infringe the copyright, trademark or other rights of CKF or its affiliates. iii) Use CKF’ 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. iv) Manipulate the price of any item or interfere with any website listings or services. v) Post false, inaccurate, misleading, defamatory, or libellous content on any CKF websites or social media sites. vi) Take any action that may damage or undermine the features designed to allow user feedback on any CKF website or social media site. vii) Transfer your account or control of your account to another party, entity, business or person without our consent. viii)Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes on any CKF website or service. ix) Distribute viruses or any other technologies that may harm CKF or its users on any CKF website or service. x) Use any robot, spider, scraper or other automated means to access our Services or websites for any purpose. xi) Impose/cause disproportionate activity/traffic to/on CKF’s websites/services. xii) Copy, modify, or distribute rights or content from CKF’ copyrights and trademarks. xiii)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 CKF and any appropriate third party, as applicable. xiv)Harvest or otherwise collect information about users, such as email addresses, without their consent from any CKF website or service. xv) Circumvent any technical measures we use to provide the services and security on any CKF website. xvi)Distribute, copy or show our trade prices to any person/entity other than the holder of the trade account. xvii) Copy, use, distribute or modify any images or content from our publications or websites without our express consent. b) Important Warning: giving false, misleading or inaccurate information during the use of any CKF service that causes loss or damage to CKF may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

8) Exclusion of Liabilities a) CKF 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: i) Your use of or your inability to use CKF’ services; ii) Pricing, postage or other guidance provided by CKF; iii) Delays or disruptions in our Services; iv) Viruses or other malicious software obtained by accessing, or linking to, our services; v) Glitches, bugs, errors, or inaccuracies of any kind in our services; vi) Damage to your hardware device from the use of any CKF Service; vii) A suspension or other action taken with respect to your account or breach of our terms and conditions; viii)Deliveries which are later than expected where the cause is reasonable; ix) 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. b) We try to keep CKF and its services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.

9) Gift Vouchers – This section applies to the sale/purchase/use/acceptance of Gift Vouchers a) Cuttlebrook Koi Farm Sterling Gift Vouchers are redeemable against Koi bred at  Cuttlebrook Koi Farm. b) Gift Vouchers cannot be used to purchase Gift Cards, Gift Vouchers or to pay debt or delivery charges. c) Multiple Gift Vouchers may be redeemed in the same transaction up to the value of the goods being purchased. d) Gift Vouchers cannot be exchanged for cash. e) For purchases in store, where Gift Vouchers offered have a greater value than the goods being purchased, change above £4.99 will be returned as a respectively valued gift card. Any purchases with a gift card that leave change of £4.99 or less will not be awarded the cash value of change in cash unless this is granted solely by a member of staff. f) Gift Vouchers must be submitted upon redemption in store. g) Gift Vouchers will expire on the date marked on the Gift Voucher. Gift Vouchers presented after their expiry date will be treated as void and are non-exchangeable and nonrefundable. h) Please treat Gift Vouchers as cash in terms of security. Gift vouchers cannot be replaced if lost, stolen, if the unique code is used for an online payment or damaged. i) Gift Vouchers are void if the unique code, Cuttlebrook Koi Farm logo or stated value of the gift voucher has been damaged, obscured, covered, altered, ripped or changed in any way. j) Gift Vouchers cannot be returned or refunded, except in accordance with your legal rights. k) Cuttlebrook Koi Farm reserves the right to refuse to accept a Gift Voucher which it deems to have been tampered with, duplicated, damaged or which otherwise is suspected to be affected from fraud. l) Old style Cuttlebrook Koi Farm Gift Vouchers which do not display a unique code are no longer valid and must be replaced with the current design Gift Vouchers. Please visit your local store to arrange replacements. m) If you have made an online payment with a Gift Voucher (in whole or in part) and you would like to return your purchase, please note that you will be refunded the amount paid by Gift Voucher in the form of an new gift voucher sent by post. n) Cuttlebrook Koi Farm reserves the right to change any of these terms and conditions from time to time without notice and to take appropriate action including cancellation of the voucher if, at its discretion, it deems such action necessary. o) Gift Vouchers are issued by Cuttlebrook Koi Farm Limited, Manor Road, Towersey, Thame, Oxfordshire, OX9 3QU.

10) Scope of Agreement – General Statements and Terms a) 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. b) 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. c) You will compensate CKF in full for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of these terms and conditions, your improper use of CKF’ Services or your breach of any law or the rights of a third party. d) The Customer’s statutory rights are not affected. e) Use of this or any CKF website or the purchase/use of any goods/services by The Customer shall be considered acceptance of the above mentioned Terms and Conditions. f) Subject to your compliance with these Conditions of Use and applicable Service Terms, CKF 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 CKF Services. This licence does not include any collection and use of any product listings, descriptions, or prices; any derivative use of any CKF 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 CKF or its licensors, suppliers, publishers, rights holders, or other content providers. No CKF Service, nor any part of any CKF 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 CKF without our express written consent. You may not use any Meta tags or any other “hidden text” utilising CKF’s names or trademarks without our express written consent.

11) Waiver a) 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. b) 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.

12) Communications a) When you use any CKF 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 CKF 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. b) By holding any account with CKF you grant us the right to keep any information sent to us through any medium of communication. c) CKF may forward any emails or letters sent to us to an appropriate third party that CKF trade with in order to enable us to continue providing our services. d) CKF reject all statements of email confidentiality and offers to contract regarding email communications privacy. By sending us an email, you grant that we may store your emails and pass them on to relevant third parties.

13) Changes and Amendments to Terms a) We reserve the right to make changes to any CKF 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 CKF’ 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.

14) Our Contact Details a) Cuttlebrook Koi Farm Ltd, Manor Road, Towersey, Thame, Oxfordshire, OX9 3QU b) CKF 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.

Registered Office (no fish are kept at this address).

59 Union Street, Dunstable, Bedfordshire, LU6 1EX

Company Registration number: 4048376