Terms & Conditions / Shipping Information / Privacy Statement
Terms & Conditions
1.1 These conditions shall apply to all contracts for the sale of goods by the seller to the buyer to the exclusion of all other terms and conditions including any terms or conditions which the buyer may purport to apply under any purchase order confirmation or order or similar document.
1.2 These conditions shall apply to all contracts for the sale of goods by the seller to the buyer to the exclusion of all other terms and conditions including any terms or conditions which the buyer may purport to apply under any purchase order confirmation or order or similar document.
1.2.1 All orders for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these conditions.
2.1 The buyer shall be deemed to have accepted the goods 24 hours after delivery to the buyer.
3.1 Goods supplied by the seller are warranted to accord with the normal limits of merchantable quality and no condition is made or implied nor is any other warranty given to be implied as to the suitability of goods for any particular purpose or for use under any specific conditions not withstanding that such purpose or condition may be known or made known to the seller. All other warranties conditions or terms relating to fitness of purpose merchantability or condition of the goods and whether implied by statute or common law or otherwise are excluded.
3.2 Any recommendations or suggestions relating to the use of any product by the company or its employees are given in good faith but the buyer must satisfy himself as to the suitability of the goods for his own particular purpose and all representations statements or warranties made or given by the seller its servants or agents (whether orally or in writing or in any of the sellers brochures catalogues and advertisements) regarding the quality and fitness or purpose of the goods or any of the goods are excluded.
4.1 Any products represented by the buyer to be faulty if returned to the seller and accepted by it as faulty will at the request of the buyer and if practicable be replaced as ordered or be limited to the price paid for those products only. In particular the seller shall be under no liability whatever to the buyer for any indirect or consequential loss and/or expense (including loss of profit) suffered by the buyer arising out of a breach by the seller of these conditions.
5.1 The seller shall not be responsible other that as a result of the negligence of itself or its employees for injury loss or damage of any kind or nature what so ever in respect of product supplied by the seller resulting from the possession, handling or use by the buyer or others where or not it is used alone or in combination with other products.
6.1 Should default be made by the buyer paying any sum due under any order as and when it becomes due the seller shall have the right either to suspend all further deliveries until the default be made good or to cancel the order so far as any goods remain to be delivered there under.
7.1 The buyer will notify the seller or any container damaged in transit within 24 hours from time of delivery.
8.1 Payment is by Paypal, credit card/cheque prior to dispatch of goods.
8.2 For account customers our payment terms are 28 days net of invoice date. The seller reserved the right to charge interest on late payment at the rate of 4% above the minimum lending rate of HSBC Bank plc.
9.1 Title to the goods provided by the seller will not pass to the buyer until payment in full has been made to and received by the seller.
9.2 Not with standing that title to the goods does not pass the goods shall be at the buyers risk as from delivery.
9.3 The seller shall be entitled to recover the price (plus VAT) not withstanding that the title in any of the goods has not passed from the seller.
9.4 In the event of any dispute as to the passing of the title in any goods tilt shall be deemed to have not passed unless the buyer proves conclusively to the contrary in each case.
10.1 Force Majeure. The seller shall not be liable for any default due to any act of god, war, strike, lockout, industrial action, fire, flood, draught, tempest or other event beyond its control.
Shipping Information
Sales Tax
We are required to collect sales tax from customers living in the State of Georgia. Shipments that are destined to any Georgia location will be charged 7% State Sales Tax. Legitimate resellers with tax numbers and business licenses will not be charged sales tax. If you are a reseller with a Georgia Sales Tax Number, please contact us to register as a re-seller.
Shipping and handling fees
Unlike some companies, we do not inflate shipping charges to make money. You will be charged the exact fee charged by UPS or FedEx and no handling fees will be added.
No Post Office Boxes for orders.
UPS and FedEx cannot deliver to Post Office Boxes. Please keep this in mind when ordering, if you list a P.O. Box we will have to contact you for another shipping address, and this will delay your order.
Other Tips for your safety and security.
All orders will be shipped no later than the next business day if ordered goods are in stock.
Please think of safety when shipping to an address. If it is unsafe to leave a box out front, you may want to receive the box personally instead of letting UPS or FedEx drop it at your door. If UPS or FedEx show the package has been received and you cannot find the package, your final delivery could be delayed by 30 days or more due to the shipper’s procedures. Once a package has been accepted at our warehouse by the shipper, we can no longer accept responsibility for its delivery.
Damaged Items in transit
You MUST report damaged goods to us within 3 days of receiving a package. UPS and FedEx have policies on damaged goods and we only have a certain amount of time to get them to pay for the damage. If you see that a box is damaged from shipping, please open the box in front of the carrier and inspect the product. If the product is broken you should refuse the shipment to expedite receiving another product from us.
Receipt of Freight by Common Carrier
For your benefit, inspect ALL merchandise before signing, or write ‘Not for Hidden Damages’ on the bill of lading. Otherwise, the carrier denies damage claims and we cannot be liable. By signing, you are accepting possession of the products and they are now your property.
Malfunctioning Device
On rare occasions a product may be shipped from us that is damaged with no outward appearance of damage to the box. This most likely indicates that the product was damaged from the manufacturer while it was being made and packaged. In this case, claims for damaged products inside what appears to be an undamaged box or packaging must be made within 3 days after receipt of the product(s).
In any event, if you should receive any damaged product, please contact us ASAP by email (sales@hydra-usa.com) or telephone (1-866-809-7286). Include how the package was received, how you opened the package, when you noticed the damage, and on what date you received and discovered the damage. Any additional information is helpful in order to process the claim.
Refused Orders
Products that are refused when UPS or other carriers attempt to deliver the product(s) are assessed a minimum 20% restocking fee plus all shipping charges. You acknowledge and agree to this fee by placing your order.
Expedited orders
If you need something tomorrow you need to order next day delivery. There are several options available for next day delivery, including Earl A.M., Normal and Saver. Orders placed by phone after 10 a.m. and before 4 p.m. Eastern Time are subject to a special handling fee for expedited shipping. Shipping Originates from Atlanta, Ga. 30326. Please keep this in mind when ordering. You will be able to determine the shipping times if you go to UPS.COM and use our zip as the originating zip.
We do NOT ship to INTERNATIONAL ADDRESSES
We are sorry, but we do not ship to international addresses at this time.
Return Policy
When purchasing from Hydra-Aqua.us you are protected by our 10 day money back guarantee. We offer this guarantee less the actual shipping and handling fees plus a 20% restocking fee on most items. Merchandise must be returned in resalable unused condition with all original components. Closeouts and daily-weekly-monthly specials are not returnable. The Return Policy only applies to retail sales. If your purchase is found to be defective or damaged within 5 days of arrival, please e-mail or call us and let us know so that we can take care of it. After 5 days please look at the manufacturer’s warranty information if applicable.
Pumps
If the pump you buy turns out to be the wrong one please contact us immediately for an “RMA.” We cannot accept pumps that have been used. Pumps that have not been used will be charged a 20% restocking fee. The shipping and handling fees will not be refunded. If you are exchanging your pump for another pump, the restocking fee will be waived. Pond supplies including but not limited to liners, pumps, lights, UV filters, foggers, and filters carry their respective manufacturers’ warranties and must be used and operated in accordance with each manufacturer’s guidelines and instructions. We will not be liable for any damages caused by misuse, mishandling, or any malfunction or harm caused by the products that we sell. For these products our normal return policy stands in effect with a 20% restocking fee on all pond related items that have been unused and unopened.
Consumables
Foods, water conditioners, and water/fish treatments cannot be returned since these are consumed and used in the treatment of water and/or livestock.
ALL RETURNS REQUIRE A ‘RETURN MERCHANDISE AUTHORIZATION’ NUMBER. RETURNS THAT DO NOT HAVE THIS NUMBER WILL BE REFUSED AT SENDER’S EXPENSE. RETURNS MUST HAVE THEIR ‘RMA’ NUMBER WRITTEN ON THE OUTSIDE OF THE PACKAGE IN CLEAR VIEW OR THE PACKAGE WILL BE REFUSED AT SENDER’S COST.
We are not responsible for damaged or lost returns. Used products will not be accepted as a return, and you will be charged shipping and handling for the return of your used product.
Return Merchandise Authorization Request
Call us at 1-866-809-7286 or Email us at returns@everythingpond.com to request an RMA for your product. Please indicate the reason for your return and put ‘Return Authorization Request’ as the subject of the email. Once you receive an RMA number, be sure to include any packaging slips and wrap the package securely. Include your name, address, phone number, and copy of receipt and email with your return package. Write the RMA number ON THE BOX IN CLEAR VIEW and on the copy of the sales invoice inside the box. For your protection, we recommend that you use UPS for the shipment.
We reserve the right to change pricing at any time and without notice. We are not responsible for typographical errors and will not be liable or obligated to sell an item at an incorrect price. We are not liable for misuse or wrongful operation of any products that we sell. Instructions must be followed and a GFCI device must be used with all pumps, lighting, and electrical devices used in and around water. Pumps for outdoor use should only be purchased with a three prong grounded cord. Thin cord two prong electrical devices should be limited to indoor use only. Proper safety practices should always be followed.
BY PURCHASING FROM US, YOU AGREE TO THE TERMS NOTED ABOVE EVEN IF YOU DID NOT READ THIS SECTION BEFORE YOU ORDERED. THIS RETURN POLICY IS IN EFFECT FOR ALL ORDERS INCLUDING TELEPHONE, FAX, EMAIL, AND/OR ONLINE.
Privacy Statement
Our Security Guarantee
The owners of this web site warrant that your transactions are safe and secure and that if your credit card is misused as a result of your online transaction we will reimburse any charges left to you to pay, up to the maximum of $50 allowable by law. Transactions taken by phone or fax are specifically excluded from this policy.
How do we protect visitor information?
We employ a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
What information do we collect?
We collect information from you when you register on our site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in other site features.
When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously.
We also collect information about gift recipients so that we can full-fill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.
Do we use cookies?
Yes. Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information.
For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.
How do we use your information?
We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To allow us to better service you in responding to your customer service requests.
- To quickly process your transactions.
- To administer a contest, promotion, survey or other site feature.
How do we choose email recipients?
Before you will receive periodic emails from us, you will be required to sign up for this service, or “opt in.” If you would no longer like to receive promotional e-mail from us, please let us know by modifying your preferences in the "My Account" section. Please note that due to email production schedules you may receive any emails already in production.
If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
Can you delete your personal information from our database?
Yes. To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.
Do we disclose the information we collect to outside parties?
Hydra-Aqua.us will never sell, trade, or otherwise transfer your personally identifiable information to any other outside party. Unless you specifically request such information, you will receive no marketing or promotional materials or contact from any Hydra-Aqua.us partner or related company. We use your information to process and full-fill your orders. No credit card information is kept on file, so if you want an order refilled, you will have to resubmit the order through the shopping cart. We appreciate your business and will not let ANYTHING jeopardize your trust in our business. The term "outside party" does not include Hydra-Aqua.us. It also does not include our website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may, however, release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
Third party links
In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).
Changes to our policy
If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on January 14, 2010.
Questions and feedback
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.
Online Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.
Your consent
By using our site, you consent to our privacy policy.
Shipping Information
Sales Tax
We are required to collect sales tax from customers living in the State of Georgia. Shipments that are destined to any Georgia location will be charged 7% State Sales Tax. Legitimate resellers with tax numbers and business licenses will not be charged sales tax. If you are a reseller with a Georgia Sales Tax Number, please contact us to register as a re-seller.
Shipping and handling fees
Unlike some companies, we do not inflate shipping charges to make money. You will be charged the exact fee charged by UPS or FedEx and no handling fees will be added. Some items may, however, require special packaging and these charges may be passed along to you. If that is the case, we will explain these charges to you in detail before shipping.
No Post Office Boxes for orders.
UPS and FedEx cannot deliver to Post Office Boxes. Please keep this in mind when ordering, if you list a P.O. Box we will have to contact you for another shipping address, and this will delay your order.
Other Tips for your safety and security.
All orders will be shipped no later than the next business day if ordered goods are in stock. Orders received before 10 a.m. (Eastern Time) will be shipped that day. Next Day Air orders placed after 10 a.m. Thursday would ship Friday, and the next business day for Next Day Air Delivery would be Monday.
Please think of safety when shipping to an address. If it is unsafe to leave a box out front, you may want to receive the box personally instead of letting UPS or FedEx drop it at your door. If UPS or FedEx show the package has been received and you cannot find the package, your final delivery could be delayed by 30 days or more due to the shipper’s procedures. Once a package has been accepted at our warehouse by the shipper, we can no longer accept responsibility for its delivery.
Damaged Items in transit
You MUST report damaged goods to us within 3 days of receiving a package. UPS and FedEx have policies on damaged goods and we only have a certain amount of time to get them to pay for the damage. If you see that a box is damaged from shipping, please open the box in front of the carrier and inspect the product. If the product is broken you should refuse the shipment to expedite receiving another product from us.
Receipt of Freight by Common Carrier
For your benefit, inspect ALL merchandise before signing, or write ‘Not for Hidden Damages’ on the bill of lading. Otherwise, the carrier denies damage claims and we cannot be liable. By signing, you are accepting possession of the products and they are now your property.
Malfunctioning Device
On rare occasions a product may be shipped from us that is damaged with no outward appearance of damage to the box. This most likely indicates that the product was damaged from the manufacturer while it was being made and packaged. In this case, claims for damaged products inside what appears to be an undamaged box or packaging must be made within 3 days after receipt of the product(s).
In any event, if you should receive any damaged product, please contact us ASAP by email (sales@hydra-aqua.us) or telephone (1-866-809-7286). Include how the package was received, how you opened the package, when you noticed the damage, and on what date you received and discovered the damage. Any additional information is helpful in order to process the claim.
Refused Orders
Products that are refused when UPS or other carriers attempt to deliver the product(s) are assessed a minimum 20% restocking fee plus all shipping charges. You acknowledge and agree to this fee by placing your order.
Expedited orders
If you need something tomorrow you need to order next day delivery. There are several options available for next day delivery, including Earl A.M., Normal and Saver. Orders placed by phone after 10 a.m. and before 4 p.m. Eastern Time are subject to a special handling fee for expedited shipping. Shipping Originates from Atlanta, Ga. 30326. Please keep this in mind when ordering. You will be able to determine the shipping times if you go to UPS.COM and use our zip as the originating zip.
We do NOT ship to INTERNATIONAL ADDRESSES
We are sorry, but we do not ship to international addresses at this time.
Return Policy
When purchasing from everythingpond.com you are protected by our 10 day money back guarantee. We offer this guarantee less the actual shipping and handling fees plus a 20% restocking fee on most items. Merchandise must be returned in resalable unused condition with all original components. Closeouts and daily-weekly-monthly specials are not returnable. The Return Policy only applies to retail sales. If your purchase is found to be defective or damaged within 5 days of arrival, please e-mail or call us and let us know so that we can take care of it. After 5 days please look at the manufacturer’s warranty information if applicable.
Pumps
If the pump you buy turns out to be the wrong one please contact us immediately for an “RMA.” We cannot accept pumps that have been used. Pumps that have not been used will be charged a 20% restocking fee. The shipping and handling fees will not be refunded. If you are exchanging your pump for another pump, the restocking fee will be waived. Pond supplies including but not limited to Pond Eco Kits, liners, pumps, lights, UV filters, foggers, and filters carry their respective manufacturers’ warranties and must be used and operated in accordance with each manufacturer’s guidelines and instructions. We will not be liable for any damages caused by misuse, mishandling, or any malfunction or harm caused by the products that we sell. For these products our normal return policy stands in effect with a 20% restocking fee on all pond related items that have been unused and unopened.
Consumables
Foods, water conditioners, and water/fish treatments cannot be returned since these are consumed and used in the treatment of water and/or livestock.
ALL RETURNS REQUIRE A ‘RETURN MERCHANDISE AUTHORIZATION’ NUMBER. RETURNS THAT DO NOT HAVE THIS NUMBER WILL BE REFUSED AT SENDER’S EXPENSE. RETURNS MUST HAVE THEIR ‘RMA’ NUMBER WRITTEN ON THE OUTSIDE OF THE PACKAGE IN CLEAR VIEW OR THE PACKAGE WILL BE REFUSED AT SENDER’S COST.
We are not responsible for damaged or lost returns. Used products will not be accepted as a return, and you will be charged shipping and handling for the return of your used product.
Return Merchandise Authorization Request
Call us at 1-866-809-7286 or Email us at returns@hydra-usa.com to request an RMA for your product. Please indicate the reason for your return and put ‘Return Authorization Request’ as the subject of the email. Once you receive an RMA number, be sure to include any packaging slips and wrap the package securely. Include your name, address, phone number, and copy of receipt and email with your return package. Write the RMA number ON THE BOX IN CLEAR VIEW and on the copy of the sales invoice inside the box. For your protection, we recommend that you use UPS for the shipment.
We reserve the right to change pricing at any time and without notice. We are not responsible for typographical errors and will not be liable or obligated to sell an item at an incorrect price. We are not liable for misuse or wrongful operation of any products that we sell. Instructions must be followed and a GFCI device must be used with all pumps, lighting, and electrical devices used in and around water. Pumps for outdoor use should only be purchased with a three prong grounded cord. Thin cord two prong electrical devices should be limited to indoor use only. Proper safety practices should always be followed.
BY PURCHASING FROM US, YOU AGREE TO THE TERMS NOTED ABOVE EVEN IF YOU DID NOT READ THIS SECTION BEFORE YOU ORDERED. THIS RETURN POLICY IS IN EFFECT FOR ALL ORDERS INCLUDING TELEPHONE, FAX, EMAIL, AND/OR ONLINE.
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