Terms of Use
By using the Tropical Marine Centre website you agree to the following Terms of Use:-
1. You may not reproduce or distribute, or cause to be reproduced or distributed, any image or material that you retrieve from the website, without the express prior permission of Tropical Marine Centre. This includes images that are marked with an embossed copyright notice or any image or video without the copyright mark which has clearly been taken from this website.
2. You may link to Tropical Marine Centre website pages in their entirety but you must make it clear that you are linking to Tropical Marine Centre website material.
3. You may not use any linking or Tropical Marine Centre website content pages to advertise livestock that has not been supplied by Tropical Marine Centre.
4. We are happy to discuss usage of our images and, under some circumstances, might allow usage for research and/or educational projects.
5. If you would like to display Tropical Marine Centre website livestock images, video or other content on your website to promote stocked livestock that you have purchased from Tropical Marine Centre then please email [email protected]
6. Products manufactured or distributed by Tropical Marine Centre can only be displayed on a website when the product is available and in stock at the time of advertising.
7. Tropical Marine Centre reserves the right to make a charge of £10 per day per image from the date of notification, for any usage of content published to the web without written permission or where any of the conditions above have been broken.
Please note that livestock images, other than TMC Premium Livestock, are stock images and not of the actual items in stock. Livestock delivered on your order may appear slightly differently to the stock item image on our Dealer Portal and Website. These variations in colour and/or morphology may be as a result of being sourced from multiple geographical locations, be changing from juvenile to adult colouration, or be a Tank Bred variant. These natural variations are not under the control of TMC, and as such, TMC cannot be held liable for any consequence as a result.
These Terms of Use should be read in conjunction with our Privacy and Cookies Policy
Privacy Policy
Introduction
We are committed to safeguarding the privacy of our website visitors. in this policy we explain how we will handle your personal information.
By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.
Collecting Personal information
We may collect, store and use the following kinds of personal information:-
(a) information about your computer and about your visits to, and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);
(b) information that you provide to us when registering with our website (including your email address);
(c) information that you provide when completing your profile on our website (including your name, profile pictures, location and email address);
(d) information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address);
(e) information that you provide to us when using the services on our website, or that is generated in the course of the use of those services (including the timing, frequency and pattern of service use);
(f) information that you post to our website for publication on the internet (including your user name, your profile pictures and the content of your posts);
(g) information contained in, or relating to any communication that you send to us or send through our website (including the communication content and metadata associated with the communication);
(h) any other personal information that you choose to send to us.
Before you disclose to us the personal information of another person, you must obtain that person's consent to both the disclosure and the processing of that personal information in accordance with this policy.
Using Personal Information
Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.
We may use your personal information to:-
a) administer our website and business;
b) personalise our website for you;
c) enable your use of the services available on our website;
d) send you email notifications that you have specifically requested;
e) send you our email newsletter, if you have requested it (you can inform us at any time if you no longer wish to receive the newsletter);
f) send you marketing communications relating to our business which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer wish to receive marketing communications);
g) deal with enquiries and complaints made by or about you relating to our website;
h) keep our website secure and prevent fraud;
i) verify compliance with the terms and conditions governing the use of our website (including monitoring private messages sent through our website private messaging service).
If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.
If you submit a quote request to one of our dealers via our website, your contact information will be included on the automated quote request sent to them.
We will not, without your express consent, supply your personal information to any third party for the purpose of their, or any other third party's direct marketing.
Disclosing Personal Information
We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.
We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.
We may disclose your personal information:-
(a) to the extent that we are required to do so by law;
(b) in connection with any ongoing or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
(d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
Except as provided in this policy, we will not provide your personal information to third parties.
International Data Transfers
Information that we collect may be stored and processed in, and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.
Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.
You expressly agree to the transfers of personal information described in this section.
Retaining Personal Information
This section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.
Personal information that we process for any purpose or purposes shall not normally be kept for longer than is necessary for that purpose or those purposes.
You can delete your My TMC account at any time, or request it to be deleted by emailing us at [email protected]. This will erase any personal information in your account that we have about you. Deleting your account will not erase any data that you may have shared on our website that is not linked with your My TMC account, for example if you have left comments on our blog page. If you have not used your My TMC account for an extended period, it may be classed as dormant and TMC reserve the right to permanently delete it.
Notwithstanding the other provisions of this section, we will retain documents (including electronic documents) containing personal data:-
(a) to the extent that we are required to do so by law;
(b) if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
Security of Personal Information
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
We will store all the personal information you provide on our secure (password- and firewall-protected) servers.
You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).
Amendments
We may update this policy from time to time by publishing a new version on our website.
You should check this page occasionally to ensure you are happy with any changes to this policy.
We may notify you of changes to this policy by email.
Your Rights
You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to the following terms:-
(a) the first request will not incur any fee, however any subsequent request may do so (currently fixed at GBP 10);
(b) you will be asked to supply appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
We may withhold personal information that you request to the extent permitted by law.
You may instruct us at any time not to process your personal information for marketing purposes.
In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
Third Party Websites
Our website includes hyperlinks to, and details of, third party websites.
We have no control over, and are not responsible for, the privacy policies and practices of third parties.
Cookies
Our website uses cookies.
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in, and obtained from cookies.
We use both session and persistent cookies on our website.
You may be able to amend the settings within your browser to refuse to accept cookies, however please note that blocking all cookies will have a negative impact upon the usability of many websites.
If you block cookies, you may not be able to use all the features on our website.
You can delete cookies already stored on your computer. Deleting cookies may have a negative impact on the usability of many websites.
We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf.
For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.
Data Protection Registration
We are registered as a data controller
- in the UK with the Information Commissioner's Office (ICO), our data protection registration number is ZA028177.
- and in Portugal with the Portuguese Data Protection Authority – Comissão Nacional de Protecção de Dados (CNPD).
Our Details
This website is owned and operated by Tropical Marine Centre Ltd.
We are registered in
- England and Wales under registration number 6804160, with registered office and principal office of trading based at Solesbridge Lane, Chorleywood, Rickmansworth, Hertfordshire, WD3 5SX, United Kingdom.
- and Portugal under registration number 980387132, with registered office at Rua Cidade de Paris 6, Parque Industrial do Arneiro, 2660-456, São Julião do Tojal, Portugal.
You can contact us:-
(a) by post, using the postal address provided above;
(b) using our website contact form; or
(c) by email, using [email protected]
This document was created using a template from SEQ Legal (HTTP://WWW.SEQLEGAL.COM).
Terms and Conditions
1. Definitions
1.1. In these Conditions:-
“Seller” means Tropical Marine Centre Ltd (Company Number: 06804160)
“Buyer” means the buyer of Goods and/or Services from Seller
"Conditions" means the terms and conditions of sale set out in this document (as amended from time-to-time in accordance with Condition 14) and (unless the context otherwise
requires) includes any special terms and conditions agreed in writing between Seller
and Buyer
"Livestock" means fish, invertebrates, rock and plants
"Dry Goods" means all Goods sold by Seller other than Livestock
"Goods" means Livestock and/or Dry Goods
Centre Group"means the Seller, Tropical Marine Centre (2012) Ltd (Company Number: 08293858)
"Tropical Marine
and Pet and Aquatics Properties Ltd (Company Number: 06830045) and all subsidiary companies of such Companies (from time-to-time) as defined by Section 1159 of the Companies Act 2006
Services means the services, including the Goods, supplier by Seller to Buyer as set out in Buyer’s order for the Services
2. Basis of Sale
2.1. Except as otherwise expressly agreed in writing by Seller, these Conditions, as varied from time to time by Seller, shall apply to all contracts between Seller and Buyer for the sale of Goods and/or supply of Services to the exclusion of any terms which Buyer may seek to impose. These Conditions shall have effect in place of any other conditions which may have been notified previously by Seller to Buyer.
3. Acceptance
3.1. No order submitted by Buyer shall be deemed to be accepted by Seller unless and until confirmed by acknowledgement by Seller or by delivery of the Goods or performance of the Services. Any quotation by Seller and any price list published by Seller may be varied, withdrawn or cancelled by Seller at any time prior to acceptance. A quotation for the Goods or Services given by Seller shall not constitute an offer, and a quotation shall only be valid for a period of 20 business days
from its date of issue.
4. Prices
4.1. Seller's prices for the Goods and/or Services and (where appropriate) for packing and/or transporting the Goods shall be Seller's list prices as amended from time-to-time or such other prices agreed in writing by Seller. The prices shall be exclusive of VAT and all other taxes, tariffs, customs charges and other such costs, which Buyer shall be additionally liable to pay at the rate prevailing at the time of delivery of the Goods or performance of the Services.
5. Delivery
5.1. Delivery of the Goods shall be made by Buyer collecting the Goods from Seller's premises or, where Seller has agreed to arrange transport of the Goods to Buyer, by delivering the Goods to the appointed carrier.
5.2. Dates quoted for delivery or performance are approximate only and may be altered by Seller according to demand for its Goods and Services. Seller shall make reasonable efforts to adhere to dates for delivery and performance but such dates are not to be treated as being of the essence. Seller shall not be liable for loss or damage which may result from late delivery or performance. Seller shall be entitled to make additional charges in respect of costs incurred by Seller arising from variations in Seller's standard delivery arrangements requested by Buyer, or if Buyer does not permit delivery to take place when tendered.
5.3. If Seller fails to deliver the Goods (otherwise than as a result of a breach of these Conditions by Buyer), its liability shall be limited to the provision of a credit note, or refund, for the price of the Goods within 7 days of the quoted delivery date. Seller shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by an event described in Condition 8 or Buyer’s failure to provide Seller with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
5.4. If 10 days after the day on which Seller notified Buyer that the Goods were ready for delivery Buyer has not taken delivery of them, Seller may, without liability, resell or otherwise dispose of part or all of the Goods.
6. Supply of Services
6.1. Seller shall supply the Services to Buyer in accordance with the order in all material respects.
6.2. Seller shall use all reasonable endeavours to meet any performance dates for the Services specified in the order, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
6.3. Seller reserves the right to amend the order if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and Seller shall notify Buyer in any such event.
6.4. Seller warrants to Buyer that the Services will be provided using reasonable care and skill. 7. Complaints and Liability
7.1. Any complaint concerning the condition of the Livestock must be notified to Seller in writing, otherwise than upon consignment note or delivery documentation, within 24 hours of receipt of the Livestock by Buyer. Buyer acknowledges that because of the nature of Livestock Seller cannot guarantee that the Livestock will survive transit. Accordingly, Seller shall not be liable for any Livestock which does not survive transit to the Buyer's address. Any complaint of failure to deliver Livestock invoiced by Seller must be notified to Seller within three days of Seller's invoice date.
7.2. Any complaint concerning the quality or condition of the Dry Goods must be notified to Seller in writing within 24 hours of receipt of the Dry Goods by Buyer. The Dry Goods must be held by Buyer in a condition which causes no further loss to them, for collection by Seller. Any complaint of failure to deliver Dry Goods invoiced by Seller must be notified to Buyer within seven days of Seller’s invoice date.
7.3. Any complaint concerning the quality of the Services must be notified to Seller within 24 hours of their performance by Seller.
7.4. Where complaint is notified to Seller in accordance with Condition 7.1, 7.2 or 7.3 and is accepted, Seller shall be entitled at its sole discretion to replace the relevant Goods or (where appropriate) make good the shortfall and/or re-perform the relevant Services or at Seller's option (if already paid) to refund to Buyer the price of the defective Goods and/or Services or the shortfall. Seller shall have no further liability to Buyer. Buyer shall not be entitled to set off against any sums due to Seller the value of any claim Buyer may purport to have against Seller.
7.5. Except in respect of death or personal injury caused by Seller's negligence or the negligence of its employees, agents or subcontractors, fraud or fraudulent misrepresentation, breach of the terms implied by section 12 of the Sale of Goods Act 1979 or defective products under the Consumer Protection Act 1987, Seller shall not be liable to Buyer under any circumstance by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any loss or damage (whether direct, indirect or consequential or whether for loss or profit or otherwise), costs, expenses or other claims for compensation whatsoever (and whether caused by the negligence of Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by Buyer or the performance of the Services, except as expressly provided in these Conditions.
7.6. Subject to Condition 5.3, Seller’s total liability to Buyer in respect of all other losses arising under or in connection with these Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall in no circumstance exceed the price of the Goods.
7.7. Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Without prejudice to the generality of the foregoing any sample supplied by Seller shall not render any subsequent sale a sale by sample. They shall not form part of the contract nor have any contractual force.
8. Force Majeure
8.1. Seller shall not be liable to Buyer or deemed to be in breach of the contract by reason of any delay in performing or failure to perform any of Seller's obligations in relation to the Goods and Services if the delay or failure is due to any cause beyond Seller's reasonable control. Without limiting the generality of the foregoing, causes beyond Seller's reasonable control shall include, flood, storm, fire, strikes, lock-outs or other industrial action or trade disputes, difficulties in obtaining raw materials, fittings or other items of equipment, power failure or break down in machinery.
9. Payment Terms
9.1. Unless otherwise agreed in writing by Seller, payment for Livestock must be by cash, cheque or credit card on collection or, where Seller arranges delivery, by return post within 1 day following arrival of the Livestock at Buyer's premises. Payment for Dry Goods and Services must be made no later than 30 days following Seller's invoice date, unless otherwise agreed in writing by Seller
9.2. If Buyer fails to make payment on the due date, without prejudice to any other right or remedy available to Seller, and without prejudice to Condition 11 Seller shall be entitled in addition to the outstanding sum to:-
9.2.1. cancel the contract or suspend further deliveries to Buyer; and/or
9.2.2. charge interest at the rate of 4% per annum above the Bank of England’s base rate from time to time (“Base Rate”) of Seller's bankers. Such interest shall accrue on a daily basis from the due date until the actual date of payment. Such interest shall accrue at a rate of 4% where the Base Rate is below 0%; and/or
9.2.3. payment from Buyer on demand on a full indemnity basis, of all costs, charges and expenses in any way incurred by Seller in relation to the overdue payment and its recovery.
9.3. Buyer shall pay all amounts due under the contract in full without any set-off, counterclaim, deduction or withholding (except as required by law).
10. Risk in Goods
10.1. Risk of damage to or loss of the Goods shall pass to Buyer at the time of delivery or, if Buyer wrongfully fails to take delivery of the Goods, at the time that delivery is tendered.
11. Title in Goods
11.1. Notwithstanding delivery and passing of risk in the Goods, or any other provision of these Conditions, Goods shall remain the absolute property of Seller until Seller has received in cash or cleared funds payment in full of the price of the Goods plus any VAT and all other sums whatsoever which are due from Buyer to Seller including any interest thereon. Notwithstanding such retention of title Seller shall be entitled to maintain an action for the price of the Goods as soon as payment falls due.
11.2. Until such time as property in the Goods passes to Buyer, Buyer acknowledges that it is in possession of the Goods solely as Seller's fiduciary agent and bailee and shall:
11.2.1. keep the Goods on its premises:
11.2.1.1. separate from those of Buyer and third parties so that they remain readily identifiable as Seller’s property; 11.2.1.2. properly stored, protected and insured against all risks for their full price from the date of delivery; 11.2.1.3. clearly identified as Seller's property;
11.2.1.4. shall not alter, modify or add to the Goods or any marking or identification on them and shall maintain them in good condition; and
11.2.2. keep the Goods free from any charge, lien or other encumbrance.
11.3. If payment for the Goods and/or Services under any other contract between Seller and Buyer is overdue in whole or in part, Seller (without prejudice to any of its other rights) may retake possession of and/or resell any Goods the title to which it has by these Conditions retained and Buyer shall, upon request of Seller, allow Seller, its servants and agents during normal working hours to enter any premises where the Goods are for the purpose of recovering possession of such Goods.
12. Insolvency of Buyer
12.1. Notwithstanding any other agreement as to the terms of payment, the total price shall become due and payable and Seller shall have the right to forthwith terminate the contract (without prejudice to any of its other rights) if Buyer commits any act of bankruptcy or a petition of bankruptcy is presented against Buyer or Buyer ceases or threatens to cease to carry on business or enters into any negotiations for arrangement or composition with its creditors or in the event of Buyer being a limited company, if a petition is presented for an administration order or if a petition is presented or a resolution is proposed to windup Buyer or if a receiver of its assets or undertakings or part thereof is appointed or if any distress or execution is levied on Buyer.
12.2. Upon termination of the contract pursuant to Condition 12.1 Seller shall have such rights of repossession and resale as are set out in Condition 11.3.
13. Right of Set-Off
13.1. Seller shall be entitled to apply any sum in any way arising out of the contract due from Seller to Buyer in settlement of any sum due from Buyer to any other company in the Tropical Marine Centre Group and (where there is any amount due from any other company in the Tropical Marine Centre Group to Buyer) Seller shall on behalf of Buyer be entitled to give such other company a good receipt for any sum which Buyer may pay to Seller in settlement of any sum due from Buyer to Seller in any way arising out of the contract.
14. Variation
14.1. No variation of these Conditions shall be effective unless it is in writing and signed by the parties.
15. Assignment
15.1. Seller may at any time assign, mortgage, charge, subcontract or deal in any manner with all or any of its rights or obligations under these Conditions.
15.2. Buyer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Conditions without the prior written consent of Seller.
16. Entire Agreement
16.1. This contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
16.2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the contract.
17. Waiver
17.1. No failure or delay by a party to exercise any right or remedy provided under the contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
18. Third Party Rights
18.1. No one other than a party to this contract shall have any right to enforce any of its terms. 19. Severance
19.1. If any court or competent authority decides that any of the provisions of this contract is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
20. Proper Law and Jurisdiction
20.1. The contract shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English Courts.