Definitions of Terms
- FLK (Flynn Lakes Koi), Flynn lakes Koi Ltd and any affiliated companies will be referred to as ‘FLK’.
- Any reference to ‘we’, ‘our’, ‘us’ refers to FLK.
- The purchaser, customer, consumer or user of this website or any sales and or service provided by FLK will be referred to as ‘The Customer’.
- Any reference to ‘you’ refers to The Customer
- The term ‘account’ refers to:
- Having an online login account on any FLK Website or social media platform.
- Having an in-store account with FLK.
- The term ‘service’ includes, but is not limited to:
- The use of any FLK Website
- The ordering/request of any product, return, delivery, shipment, item, instruction, email.
- Any purchases made from FLK.
- Quote/ invoice provided for any construction/ building works, landscaping, design or maintenance services or product sale.
- Quote/invoice provided for any livestock or any livestock health checks.
- The use on any FLK online store including but not limited to Google store, Facebook store, E bay, Amazon.
- The prices, products or offers listed on our website/social media platforms/ Online stores or in-store are not a guarantee of sale or a contractual offer until completion of sale.
- Images of products are only meant as an indication, the actual appearance of the product compared to the image shown on website/ social media platforms may vary.
- Prices, products, and availability of products are subject to change.
- FLK will not be responsible for the sending of incorrect goods if orders by email, telephone or messenger do not use specifically stated product name or product codes as shown on FLK website/ social media platforms/online stores. Only specifically stated name/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.
- Whilst FLK may refund any unused goods (unopened and still in sealed package/box) at our discretion, the Customer will bear the full charge for all delivery costs. If product open and working but unused FLK may offer a refund at FLK’s discretion may charge a 35% restocking fee.
- FLK accepts no liability for any advice given to The Customer, either during an electronic, phone, or face to face conversation. The Customer follows all advice strictly at their own risk.
- Some of our products or products sold on our website/ social media platforms/ online stores and in store may require specialist installation, we recommend that any goods are used and/or installed by a professional and any manufacturer instructions followed fully.
- Any larges goods (Filtration systems) installed by FLK which the customer deems to have a fault. Shall be inspected by FLK free of charge within the first six months of installation after which point a call out charge will apply if the Customer requires FLK to inspect any product. Upon inspection of product if FLK will take the following actions:
- No fault is found during the inspection – FLK will offer to send the product back to the manufacturer for inspection to see if fault can be found and repaired. Customer will be charged for all shipping costs and inspection costs if the manufacturer finds no fault.
- Fault is found during inspection – FLK will offer customer a repair or replacement at FLK discretion.
- Whilst FLK will always endeavour to ensure all livestock are in good health upon delivery to The Customer and will always advise that livestock undergo a quarantine period after purchase as per OATA code of conduct, FLK will not accept any responsibility for damage, illness, fault, or death of any livestock after they have been purchased from FLK by The Customer and once dispatched from FLK supplier or site.
- FLK, recommend you follow the OATA code of conduct. Isolate all new fish/ livestock arrivals. Only introduce to existing stock once you are completely satisfied with the wellbeing of your new fish. FLK recommend before added any new livestock into a new pond for a customer to ensure water tests have taken place Note – even apparently healthy fish may become sick if not cared for correctly. For helpful information visit https://ornamentalfish.org/
- All images taken of works by FLK during works being carried out by FLK will be deemed property of FLK and as such the Customer provides their consent for these images to be used on the following but not limited to FLK social media platforms, websites, advertisement and in store posters.
- All works carried out by FLK or a third party on behalf of FLK will come with a 12 month warranty. This will include any construction, building or landscaping works. At any point during the 12 month warranty period any alterations to works conducted by the Customers or a third party on behalf of the customer will void the 12 month FLK warranty.
- FLK will not be liable for any losses due to late deliveries due to courier or third party. FLK recommends if you need items before a certain date, The Customer should order as early as possible and ensure you read delivery times on our website.
- Each time the customer places any order including by a third party, FLK must be given the explicit address that this request applies to at time of purchase. If no address is given, the address used will be the default address as agreed with the customer whilst setting up their account/placing order.
- Our delivery prices can be found by contacting us via email, telephone or will be displayed with cart on our website https://www.flynnlakeskoi.com/
Accounts, Balances and Payments
- FLK do not offer credit on any purchases from any of the following FLK website, social media platforms, in store, Online stores. All orders must be paid for in full before they will be sent or at point of collection/ purchase from store.
- FLK reserve the right to refuse the sale or dispatch of goods without warning or notice if an account has an unpaid or overdue balance.
- Where allowed by statute, FLK reserve the right to charge interest on any unpaid balances after 30 days.
- FLK reserve the right to refuse The Customer an account or the right to purchase goods or use any services provided by FLK.
- FLK reserve the right to remove account status of The Customer if The Customer has an overdue payment or bill for over 30 days.
- Any charges incurred by FLK due to the recovery of debt by an outside agency will be paid by The Customer in full.
- All goods will remain the property of FLK until the goods in question are paid for in full by The Customer.
- FLK 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.
- Staged Payment terms for all invoices over £1000 –
- Acceptance of the quote – 10% of the Invoice total shall be paid to FLK upon acceptance of the quote as a holding fee.
- 14 days before the start date of the project 40% of the total invoice shall be paid to FLK.
- Mid-project (will be confirmed on quote) -30% of the total invoice shall be paid to FLK,
- Completion – remaining 20% of the total invoice by be paid to FLK upon completion of the project.
- All invoice for design works, pond maintenance, pond installation, livestock health checks, sale of livestock or sale of products must be paid in full at date shown on invoice. No part payment option will be offer by FLK.
- The Customer will pay invoice in full for any construction, building, landscaping, design works, pond maintenance, pond installation, livestock health checks taken out by FLK or sale of livestock or sale of products by FLK within dated period shown on invoice.
- Once the customer has communicated with FLK acceptance of quote for FLK services including but not limited to (Building works, landscaping, construction works, design services, pond installations, pond maintenance, livestock health checks) via email or telephone FLK quote price will be accepted and non-negotiable. Customers’ acceptance of quote will also be customer acceptance of FLK terms and conditions.
- FLK reserve the right to change/ increase the price of any quote/invoice for (Building works, landscaping, construction works, design services, pond installations, pond maintenance, livestock health checks) provided to customer to adjust for any extras products/ materials that may be required to complete works undertaken by FLK due to customer changing requirements of quote during works or due to unforeseeable price changes for products/ materials which our out of FLK’s control .
- Any extra products/materials required to complete works due to customer changing requirements of quote during works will be agreed between the customer and FLK. Once agreed verbally or via written communication by customer FLK will provide update quote/invoice to customer.
- Online Stores – Applies to Online Stores (FLK website. Google, Facebook, E bay and Amazon) but can also apply to any type of FLK Service including but not limited to social media platform and store.
- 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 FLK accepts the offer.
- Any notifications that payment has been accepted by FLK refers to acceptance of order by FLK and should be taken as a legal contract between FLK and the Customer.
- When returning a faulty product to FLK the customer will contact FLK via email or telephone before dispatch of faulty product to FLK. Ensuring have has confirmation from FLK to for you to dispatch faulty product back to FLK for inspection.
- FLK reserve the right to dismiss/refuse any claims of damage that are not covered by The Customer’s statutory rights. (FLK will offer no refund on livestock once has left FLK site)
- FLK may refuse to accept, replace, refund, repair, or otherwise act upon a returned product if any of the following apply.
- Have no fault with them (FLK must be able to replicate fault once product has been sent back to us / will only be inspected onsite at customer address if installation completed by FLK during FLK service).
- The fault has been caused by the customer misusing/ damaging the product in anyway or failing to follow manufacturer’s instructions in anyway.
- The fault has been caused by any third party the customer has supplied the product to.
- If the product is out of the manufacturers guarantee period 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 the statute, the customer must pay all carriage charges for getting the item to us and back from us. FLK reserve the right to refuse a return if it has not been returned by The Customer that purchased the product.
- FLK will make a “Re-stocking” charge of 35% of the original purchase price for items returned to us.
- When returning a faulty product to FLK the Customer agrees that they will include enough written information inside of the sent package and via email to enable FLK to contact you. This must include at least:
- A working telephone number.
- A valid return postal address.
- Your account name if you have one and copy of original proof of purchase. (If Customer cannot locate must contact FLK prior to return of faulty item)
- The fact that this is a return, a description of the fault and what you would like us to do.
- Any returns sent to FLK without this information will not be processed and any possible return/refund refused as we will not have the details required to establish why the package has been sent to us.
- The customer agrees that they will not:
- Breach or circumvent any laws, third party rights of FLK’s systems or our terms and conditions.
- Infringe the copyright, trademark, or other rights of FLK or its affiliates.
- Use FLK’s 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.
- Manipulate the price of any item or interfere with any websites/ social media listings or FLK.
- Post false, inaccurate, misleading, defamatory, or libellous content on any FLK websites/social media network or Third-party social media/websites connected to FLK.
- Take any action that may damage or undermine the features designed to allow user feedback on any FLK website or social media platforms.
- Transfer your account or control of your account to another party, entity, business, or person without our written consent.
- Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes on any FLK website/social media platforms or services.
- Distribute viruses or any other technologies that may harm/damage FLK or its users on any FLK website/social media platforms or services.
- Use any robot, spider, scraper, or other automated means to access our Services or websites for any purpose.
- Impose/cause disproportionate activity/traffic to/on FLK’s websites/services.
- Copy, modify, or distribute rights or content from FLK’s copyrights and trademarks.
- 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 FLK and any appropriate third party, as applicable.
- Harvest or otherwise collect information about users, such as email addresses, without theirs and FLK’s written consent from any FLK website/social media platform or service.
- Copy, use, distribute or modify any images or content from our publications, website, or social media platforms without our express written consent.
Important Warning: giving false, misleading, or inaccurate information during the use of any FLK service that causes loss or damage to FLK will result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
Exclusion of Liabilities
- FLK 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:
- Your use of or your inability to use FLK’s services.
- Pricing, postage, or other guidance provided by FLK.
- Delays or disruptions in our Services.
- Viruses or other malicious software obtained by accessing, or linking to, our services.
- Glitches, bugs, errors, or inaccuracies of any kind in our services.
- Damage to your hardware device from the use of any FLK Service.
- A suspension or other action taken with respect to your account or breach of our terms and conditions.
- ) Deliveries which are later than expected where the cause is reasonable.
- 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.
Scope of Agreement – General Statements and Terms
- 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.
- 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.
- You will compensate FLK 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 FLK Services or your breach of any law or the rights of a third party.
- The Customer’s statutory rights are not affected.
- Use of this or any FLK website/social media platforms or the purchase/use of any goods/services/ acceptance of quote by The Customer shall be considered acceptance of the above-mentioned Terms and Conditions.
- Subject to your compliance with these Conditions of Use and applicable Service Terms, FLK 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 FLK Services. This licence does not include any collection and use of any product listings, descriptions, or prices; any derivative use of any FLK 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 FLK or its licensors, suppliers, publishers, rights holders, or other content providers. No FLK Service, nor any part of any FLK 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 FLK without our express written consent. You may not use any Meta tags or any other “hidden text” utilising FLK’s names or trademarks without our express written consent.
- 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.
- 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.
- When you use any FLK Service or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail, telephone or by posting notices on the website/social media platforms or through the other FLK Services. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures, and other communications that FLK provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
- By holding any account with FLK you grant us the right to keep any information sent to us through any medium of communication.
- FLK may forward any emails or letters sent to us to an appropriate third party that FLK trade within order to enable us to continue providing our services to you.
- FLK 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.
Changes and Amendments to Terms
- We reserve the right to make changes to any FLK 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 FLK’s 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 enforce-ability of any remaining condition.
- ) Flynn Lakes Koi Ltd 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.
Our Contact Details
Flynn Lakes Koi Ltd, Meadow Drove, Earith, Huntingdon PE28 3SA
Email: [email protected]