Terms and Conditions
These terms and conditions govern your use of our website. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.
1.1 It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible only if you have registered.
Use of website
1.2 This website may be used for your own private purposes and in accordance with these terms and conditions.
1.3 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.
1.4 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
1.5 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.
Visitor provided material
1.7 When using this website you shall not post or send to or from this website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
1.8 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.
Links to and from other websites
1.9 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.
1.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
1.11 By linking to this website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.
1.12 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times, we do not guarantee that all material is accurate and, or up to date.
1.13 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.
Exclusion of liability
1.14 We do not accept liability for any loss or damage that you suffer as a result of using this website.
1.15 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.
1.16 We do not accept responsibility for vivariums damaged during use due to water ingress. It is the customers responsibility to ensure that the vivarium is sealed and used in an appropriate manner to avoid water ingress. This may mean resealing from time to time especially with reptiles that are active. Once sealed correctly the vivarium should resist humidity but these are not aquariums and too high humidity may not be suitable in our enclosures. For high humidity environments our Pro-Plast range of plastic vivariums is more suitable.
Ordering, Delivery and Refunds
1.17 Manufacture and delivery of made to order items normally takes 2 to 4 weeks, although during busy times, sometimes due to material supply issues and courier issues timescales may be slightly longer. By ordering you the customer understands this and will not hold us the supplier accountable for any subsequent loss, financial or otherwise.
Please note that as the customer you can only cancel any made to order items within 24 hours of ordering from us for a full refund (minus any PayPal fees as per clause 1.21). After this time, you will only receive a 50% refund for any made to order items cancelled as per clause 1.20.
When ordering from us after 5pm Monday to Friday, please note that we will not count this as a working day. Working days are classed as Monday to Friday 9am to 5pm except on Bank Holidays.
We would always strongly advise a customer not to purchase a reptile until they have received and built their order from us as we cannot guarantee delivery before collection of any animals. We are not liable for any costs you, the customer, may incur on such an occasion.
1.18 Customers will receive tracking information from the courier service directly. In the event the customer is not at the delivery address upon delivery being attempted by the courier service, that they agree to packages being left with a neighbour or in a safe place as determined by the courier service. If you need to rearrange a delivery date please contact the courier service or ourselves as soon as you receive initial tracking information. We cannot guarantee a delivery date can be changed as the courier service is a separate business to us. If there are any dates you are unavailable for delivery, such as on holiday, please advise us at the time of ordering. If an order is returned to us due to the above reason we may look to reclaim the return cost and redelivery cost (if applicable).
1.19 All damage must be noted to the courier upon arrival. Under no circumstances will damage to goods be rectified by us the supplier if the delivery is signed as received in good condition with the courier. All damage must also be reported to us at firstname.lastname@example.org within 24 hours with photos of the packaging as well as photos of any damage.
Damage does not include any minor cosmetic damage which does not affect the items use, such as minor damage to the underside of the base or the back of the back which cannot be seen when in use, or minor scratches which will not be seen once the item has been built or sealed.
Replacement of items reported as damaged by the customer is at the companies discretion and the above criteria. We do try our best to avoid any damage and pack in such a way as to protect all items during transit with the courier service.
Please note that in some darker colour woods and ProPlast vivariums there may be some light scratches and marks which we cannot accept liability for as this is the nature of the material used.
1.20 In the event that of any loss of items by the courier service, the customer agrees to allow a search to be conducted by the courier service (which can take up to a week to complete). After the weeks timescale if the item(s) are still lost we will manufacture any replacement parts. In some circumstances this could take the same lead times as the original order to manufacture and dispatch due to materials.
1.21 Due to goods we manufacture (our vivariums, racks, cabinets and stands plus some other goods) being made to order returns are not accepted. Any goods that have been ordered incorrectly and we accept back will be subject to a restocking fee of 25%. If goods have been dispatched all dispatch costs and return costs we have paid to the courier must also be paid by the customer. Please note that any packaging, spare parts or parts sent in error - the customer is accepting responsibility of disposal of such items upon ordering, unless requested to be returned to ourselves.
There is a 14 day return policy for all branded goods, it is the customers responsibility to pay for all returns postage and organise return postage. Postage costs are non-refundable.
1.22 Due to the fact that our vivariums, racks, cabinets and stands plus some other goods are all made to order this does affect your statutory rights, for further advise please contact the citizens advise bureau or speak to a solicitor. If customer decides to cancel their order, we will charge a minimum 50% fee for our time and potential waste of materials. This may be higher if the item cancelled is not a common item sold on our site.
1.23 If a refund is issued at the customer’s request, we will need to deduct any PayPal charges from this refund as PayPal no longer refund any fees they charge for their service. If we, the business, need to cancel and refund an order you will receive a full refund including any PayPal fees incurred.
Law and jurisdiction
These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
Pro-Viv Vivariums Ltd, Unit J3 Chamberlain Business Park, Chamberlain Road, Hull HU8 8HL