Terms & Conditions

These terms and conditions have been created in conjunction with the Furniture and Home Improvement Ombudsman and do not affect your statutory rights. It is an explicit assumption of this contract that customers have a specific responsibility related to their purchase from Fishpools and that these responsibilities are detailed as follows:

A guide to purchasing with Fishpools. This information will be provided to you when you place an order with Fishpools.

• Check your order. Please check your order and let us know immediately if there are any discrepancies.
• Customers are able to track the progress of an order online. The date shown on a order/tracking is when the goods are estimated into our distribution centre. We will always contact you first to arrange a delivery/collection.
• When considering your new furniture, it’s important to think carefully about both the space it will occupy and the access into the room. To avoid any problems that may arise please use the following guide.
• When purchasing items please ensure you read any disclaimers that relate to the item of purchase. These disclaimers will also be attached to your order confirmation.

 

In these terms & Conditions, the following definitions will apply

• “Authorised representative” shall mean any member of staff in our store or available via one of our contact us channels, for example telephone or social media.
• “CRA” shall mean the Consumer Rights Act 2015
• “Fishpools”, “We” and “Us” shall mean Fishpools Limited, The registered company address of Fishpools Limited is 115 High Street, Waltham Cross, Hertfordshire EN8 7AL. The registered company number of Fishpools Limited is 302828.
• “You” shall refer to a Consumer who uses our website in anyway, a customer who enters into a contract with Fishpools on the terms of this agreement and Consumer shall have the meaning set out in the CRA.
• Conditions means these terms and conditions and the Special Conditions.
• Product means a product displayed for sale on the Website.
• Product Description means that part of the Website where certain terms and conditions in respect of the individual Product are provided.
• Special Conditions means the terms and conditions in the Product Description.
• “Customer Special Order”/ "Made To Order" means goods which have been specifically ordered at Your request, or elements of the final product have selected by You personally.
• Users means the users of the Website collectively.
• Personal Information means the details provided by you on registration.
• Website means the website located at www.fishpools.co.uk or any subsequent URL which may replace it.
• Cookies means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer. Click here for more information on the cookies we use.
• United Kingdom means England, Wales, Scotland, Northern Ireland and the Channel Islands.
• These Conditions govern our relationship with You. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Fishpools Ltd and you are expected to do. You confirm that, in agreeing to accept the Conditions, You have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions.

 

1.1. These terms govern the sale of goods to the exclusion of any other terms and no variation to these terms shall be binding unless agreed in writing between the authorized representatives of Fishpools and You.

1.2. You the customer have important responsibilities at various stages of your buying journey, which fundamentally affect your contract with Fishpools. The details of your responsibilities can be found above.

1.3. Any waiver must be agreed by Fishpools in writing and will not affect the rest of these Terms & Conditions.

1.4. If any of these Terms and Conditions are found to be illegal, invalid, or unenforceable, the rest of these Terms and Conditions shall remain in full force and effect.

1.5. The quantity, quality and description of the goods shall be those set out in Fishpools’ literature and online and variations will not materially affect the product.  Any such possible variations can be found pre-contract, in our Disclaimers online, through discussions in store or by calling our Web sales team prior to purchase.

1.6. Product guarantees relate only to the product, at the customer address as detailed on your original order.

1.7. Knives: Under the Criminal Justice Act 1988 it is an offence to purchase or attempt to purchase knives or bladed items if you are under the age of 18. When purchasing age restricted products, you will be asked to confirm that you are the correct age to make the purchase.

1.8. These Terms and Conditions, together with the important links contained within them, set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

1.9. Fishpools may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.

1.10. You may not assign or sub-contract any of Your rights or obligations under these Terms and Conditions to any third party unless Fishpools agree in writing.

1.11. Fishpools may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions to any third party only at our discretion.

1.12. Only You and Fishpools shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. The contract is governed by and construed in accordance with English Law.

1.13. Prices and specifications are correct at the time of publication on our website but may be subject to alteration. Whilst every effort is made to keep these details accurate, errors and omissions may occur. The contract is automatically sent to you via email when placing your order. All prices are inclusive of VAT and IPT as appropriate and are correct at the time of entering the information onto the system. The total cost of Your order is the price of the products and services ordered plus any delivery or charges as set out in the delivery section of the website details of which can be found here.

• We reserve the right not to accept an order/or cancel if:
• We have insufficient stock to fulfil the order in indicated lead time
• We can no longer deliver to your area.
• One or more of the goods ordered was incorrectly described or priced on our Website.
• The payment transaction is not authorised.
• You do not provide us with Your real name, payment details, including Your valid card address, your delivery address if different from your card address, e-mail address and telephone number.

When You place an order with Fishpools ONLINE by pressing the ‘Place Order’ button, you are making an offer to purchase Product(s) from us. No contract exists between us at this point. The contract is only created when we send You an email confirming receipt of Your order and our acceptance of it, and we have taken payment as detailed above.

2.1.  Payment can be made by any of the methods specified during the ordering/checkout phase of the transaction and payment will be debited and cleared from Your account when the order is created. You confirm that the credit or debit card that is being used is Yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason authorise payment to us, we will not be liable for any delay or non-delivery and reserve the right to cancel your order.

2.2. Subject to any special terms agreed in writing between You and Fishpools You shall pay the price of the goods either:-

• in full on placement of the orders which are already in stock and available for collection/delivery; or
• all to be delivered quickly; or
• for orders where Fishpools must commit to a specific order with suppliers on behalf of a customer (Customer Specific Orders), then a minimum deposit of 20% of the total purchase price upon placement of the order and the balance when we notify you that the goods are available to be booked for delivery or collection; or
• by entering into a binding executed acceptable credit agreement with our credit provider upon placing the order with Fishpools.

2.3.  The time for payment of the price shall be of the essence of the Contract.

2.4. If You fail to make payment per above, then without prejudice to any other right or remedy available to Fishpools, Fishpools shall be entitled to:-

• Cancel the contract and/or suspend any deliveries to You and
• Appropriate any payment already made by You, for any order, to such of the goods (or the goods supplied under any other contract between You and Fishpools) as Fishpools considers fit and
• Charge You interest on the amount unpaid at the rate of 3 per cent per annum above HSBC base rate until payment is made.

2.5. Refunds can only be made using the same method of payment as that used for the original purchase or deposit.

2.6. Interest Free Credit & Interest-Bearing finance related transactions are subject to a minimum deposit of 20%, order values exceeding £500 and are subject to approval by our Finance Provider who provides the credit and with whom you will contract separately. Our Finance Provider has their own terms and conditions which also apply and can be found here.

3.1. Any date for delivery/availability of the goods is based upon information from our suppliers and is approximate only and Fishpools shall not be liable for any delay caused by circumstances beyond our control.

3.2. Time for delivery shall not be of the essence unless previously agreed by Fishpools with You in writing.

3.3. When Fishpools notifies you that your products are ready for delivery or collection, then any outstanding balances are due immediately irrespective of your willingness to take physical delivery. Following payment of the balance and then delivery, ownership and risk of damage to or loss of the goods shall pass to You.

3.4. If You fail to agree to take delivery of/collect the goods for reasons other than the extremely rare and unforeseeable, or notwithstanding that for a length of time which affects the Fishpools operation in any way, then without prejudice to any other right or remedy available, Fishpools may:-

• Store the goods with a third party until full payment of all outstanding balances on your order, including any reasonable third-party storage/ transportation/management fee related costs we may have incurred. Only once all payments are settled can delivery then be arranged.
• Should you refuse to pay the outstanding amounts, we may exercise our right to dispose of some or all the goods under the Torts (Interference with Goods) Act 1977 and we will write to you to confirm this. Should we still be contractually and practically out of pocket, we will substantiate this to you and pursue settlement of payment accordingly.

3.5. For Customer Specific Orders, those goods that have been specifically ordered at Your request, or elements of the final product have been selected by your personally and Fishpools have incurred expense in fulfilling the contractual obligations irrespective of the amount of these expenses, the full contract price for the goods is payable.

3.6. As outlined in ‘What customers must do next’ It is the customers responsibility to ensure that our (or nominated carriers)

• the product that you have selected is appropriate for your needs
• delivery vehicles can park practically, safely and legally outside of your property
• that product you have selected can fit into your property without risk of injury to our crews, or damage to product or property
• route through the property is completely clear in order to prevent potential damage. Our delivery crew will walk the route, advise of potential issues for You to address and decide if the delivery can be safely and effectively made. Any subsequent damage which you consider attributable to our delivery crew must be evidenced immediately and our delivery crew may ask to take photographs in order for us to investigate.

3.7. Fishpools will use reasonable care and skill to ensure that the goods you have ordered are undamaged, complete and without defect. If delivered by a Fishpools delivery team or nominated carrier, you will be invited to inspect your order for completeness and confirm your satisfaction accordingly. Despite everyone’s best efforts, issues sometimes arise and should this happen, they will be recorded at the time of delivery and automatically remitted back to our service department for further action. ‘At time of delivery you must’ All goods must be examined by you at the time of delivery/collection unless exceptional circumstances prevent this, in which case it must be immediately thereafter if not.

Failure to inspect the goods in a timely fashion will impact our ability to agree a remedy for cases where customers claim fault or damage with the product.

• Short or non-delivery: must be notified to Fishpools delivery team immediately or by contacting the Fishpools Warehouse details of which can be found here.
• Damage to property: You must notify Fishpools Warehouse immediately after taking receipt/delivery that damage to your property may have taken place. This does not affect your statutory rights.
• Damage to product: You must notify Fishpools Warehouse immediately after taking receipt/delivery, that damage to your product may have taken place. This does not affect your statutory rights.
• Faulty product: You must notify Fishpools Customer Service immediately if you believe you have a fault; this can be done online here or via telephone. This does not affect your statutory rights.

3.8. Products which require you to assemble them must strictly follow the instructions provided. Any damage caused through inappropriate assembly will render any claim invalid. This does not affect your statutory rights.

3.9.  We recommend that any 3rd party tradesperson is not instructed until all good arrive and are signed off by you as complete and undamaged.  Whilst every care is made to get your product to you in full and undamaged Fishpools will not be liable for abandoned tradesperson visits.

3.10. We are unable to refund or exchange any products which were made especially for you and then altered/installed for/by you, for which you subsequently claim a damage or fault. This does not affect your statutory rights.

3.11. Government related Health & Safety rules regarding delivery & collections will always be followed, such as Covid19 related restrictions.

4 Risk & Property

4.1.  Risk of damage or loss of the goods shall pass to the Customer upon delivery or collection.

5 Returns, Exchanges & Cancellations

5.1. Our returns, exchange & cancellation Policy, limitations & process details can be found here and will determine how we handle your concerns.

5.2. All exchanges or returns are affected by the reason for the request and are governed by these terms and conditions as follows;

If for any reason a product needs to be exchanged and there is a difference in price this must be either paid by the customer if the replacement cost is higher or refunded by Fishpools if the replacement is of lower cost.

• When placing an order, You are responsible for determining the following;
• that the goods sold accord with your requirements,
• that they are fit for your purpose
• that the dimensions of the goods are suitable for your purposes
• that no access issues exist as outlined above in 3.6.3
• You must check in full all significant details relating to your order, prior to paying the deposit/full amount which we take to be acceptance of all terms and conditions.

If you would like us to consider a return or exchange after the goods have been delivered and signed for or collected by You,

• You must not use, alter or install the goods,
• You must take care of the goods
• You must keep the original packaging wherever possible.
• If you do not have the original packaging you must provide suitable, equivalent, protective packaging, failure to do so could further damage the product and prevent us from agreeing the return or refund. We will charge for any subsequent packaging work that is required as part of our return of the product to our suppliers.
• Failure to comply with these guidelines

Where a valid claim in respect of the goods or any part of them is identified, Fishpools shall be entitled at their discretion to replace or repair the goods (or the part in question) or to refund to the Customer the price of the goods (or a proportionate part of the price). Fishpools will deal with these incidents in line with guidance from the CRA.

6.1. Our Returns, Exchange & Cancellation Policy, limitations & Process details can be found here and will determine how we handle your concerns

6.2. Online – Customer Special Order:

Fishpools will only accept the cancellation/return of an online Customer Special Order (made to order items), those goods that have been specifically ordered at Your request, or elements of the final product have been selected by your personally and Fishpools have incurred expense in fulfilling the contractual obligations irrespective of the amount of these expenses, if cancellation is received before Fishpools has incurred cost or committed to the purchase from the manufacturer. Fishpools cannot accept cancellation after this stage having already incurred costs and You are obliged to make payment in full for the goods.

6.3. Online – In stock &/or Quick Delivery:

You have the right to cancel/return In Stock &/or Quick Delivery orders by notifying us in writing including email, in store or over the phone, before delivery, or within 14 calendar days from the day after You receive the goods. See our Returns Policy for full details and customer costs associated with this cancellations/returns. This excludes Customer Special Orders as outlined in 6.2.

6.4. Fishpools will only accept the cancellation of an in-store order before customer delivery and if cancellation is received before Fishpools has incurred any resultant expense or committed to a back-to-back purchase from the supplier. Fishpools cannot accept cancellation after this stage having already incurred costs and You are obliged to make payment in full for the goods. Should you wish not to receive the goods payment in full is still required.

6.5. Products possibly Faulty/Damaged/Not as described:

• Concerns regarding goods thought to be faulty, that do not correspond with their description or are considered damaged, should be notified to us as soon as possible by following the returns process.
• If the product to be returned or exchanged is agreed to be faulty/damaged/not as described and Fishpools agrees that it complies with our Returns Policy, we will refund to You all the monies paid for the goods in question, including cost of delivery and reasonable cost of return if relevant.
• Should you wish to organize a return of a product which we have not agreed has a fault or issue, the full cost of this return must be paid for by You, details of how to do this are in the returns policy. Original protective packaging charges applies see our Returns Policy.
• Items outside of 14 days may be subject to a repair from Fishpools or a 3^rd party partner.

7 Website Terms & Conditions

7.1. General Online Terms & Conditions:

• Welcome to the Fishpools’ website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order You agree to be bound by the terms and conditions set out below. If You do not agree to be bound by these terms and conditions You may not use or access this Website
• We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.

7.2 Intellectual Property & Right to Use

• You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.
• You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that You may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

7.3 Compliance with Laws

• The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

7.4 Limitations of Liability

• While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy, completeness, compatibility or security.
• We make no warranty that the Website will meet Your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

7.5. Website & Competitors

• No purchase necessary. Entrants must be 18 or over, one entry per household, multiple entries won't be included in the draw. By entering, entrants will have been deemed to have accepted to be bound by the terms & conditions. Entry instructions form part of these terms and conditions. Entries must be submitted by midnight on the closing date and the draw from the correct entries will take place shortly after.
• A condition of accepting the prize is to allow brief details to be published for marketing purposes, e.g. "Mrs Smith of Cheshunt won £1000 to spend in store..." along with a photo accepting the prize. Prizes must be collected and used within 6 months of the date of notification. Employees, their families and friends of Fishpools are not eligible to enter the competition.