Terms of Use

Background

These Terms and Conditions set out the terms on which you may use this website, https://aquaactive.co.uk/ (“Our Site”), and the terms on which Goods are sold by Us through Our Site. Please read them carefully and ensure that you understand them before using Our Site or placing an Order.

Parts 4 to 9 explain how you may use Our Site. Parts 10 to 17 explain how Our Goods are sold and delivered, and what to do if there is a problem, and Part 16 contains additional terms for business customers. The remaining Parts apply to everything.

Your agreement to comply with these Terms is indicated by your use of Our Site, and you will also be asked to read and accept them when you create an Account and when you place an Order. If you do not agree to these Terms, you must stop using Our Site immediately and you will not be able to order Goods. These Terms, and all Contracts, are in the English language only. It is recommended that you save or print a copy of these Terms for your future reference.

These Terms were last updated on 9 October 2026.

Our Privacy Policy, available at https://aquaactive.co.uk/privacy-policy/, also applies to your use of Our Site, and explains how We use personal information and Cookies.

1. Definitions and Interpretation

1.1 In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

1.2 Unless the context otherwise requires, each reference in these Terms to:

1. “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time; and
3. a Part or paragraph is a reference to a section, part or clause of these Terms.

2. Information About Us

2.1 Our Site is operated by Aqua Active Limited, a limited company registered in England and Wales under company number 12658114. Our registered address is 51 Old Wokingham Road, Crowthorne, Berkshire, England, RG45 6SS and Our main trading address is 2a Elm Avenue, Eastcote, Middlesex HA4 8PD.

2.2 Our VAT number is GB351004356.

3. How to Contact Us

3.1 If you wish to contact Us with general questions, for matters relating to the Goods or your Order, or relating to returns and cancellations, you may contact Us in any of the following ways:

Contact form: https://aquaactive.co.uk/contact/

Email: sales@aquaactive.co.uk

Telephone: 0330 122 1395

Post: Aqua Active Limited, 2a Elm Avenue, Eastcote, Middlesex HA4 8PD.

3.2 If you are contacting Us about an Order, please quote your Order Number. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.

3.3 When using Our contact form or contacting Us by any other means, you must comply with the content standards set out in Part 8. We may monitor communications made using Our contact form. Any personal information you send to Us will be collected, used and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy (https://aquaactive.co.uk/privacy-policy/).

3.4 Information about making a complaint is set out in Part 18.

4. Changes to these Terms and to Our Site

4.1 We may alter these Terms from time to time, for example, to reflect changes in relevant laws and regulatory requirements. Changes to the parts of these Terms that govern the use of Our Site (Parts 5 to 9) will apply to your use of Our Site the first time you use it after the changes have been implemented, so you are advised to check this page regularly.

4.2 If a change is likely to affect an Order that you have already placed, We will inform you in advance by email and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.

4.3 If any part of the current version of these Terms conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

4.4 We may alter and update Our Site (or any part of it) at any time. If We make any significant alterations to Our Site, We will try to give you reasonable notice.

4.5 Access to Our Site is provided on an “as is” and “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted. Where it is practicable to do so, We will try to give you reasonable notice of a suspension or discontinuation.

5. Using Our Site

5.1 Access to Our Site is free of charge. It is your responsibility to make the arrangements necessary in order to access Our Site.

5.2 Certain features of Our Site, including the ability to purchase Goods and to submit reviews, may require an Account. The following rules apply to Accounts:

1. only Users aged 18 years or over may create an Account;
2. the information you provide when creating an Account must be accurate and complete, and it is your responsibility to keep it up to date;
3. we recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols;
4. it is your responsibility to keep your Account details safe and you must not share them with anyone else or use another person’s Account. If you believe your Account is being used by someone else without your permission, please contact Us immediately using the details in Part 3;
5. you may delete your Account at any time by contacting Us. If you do, you will no longer have access to the features of Our Site that require an Account, your personal information will be handled in accordance with Our Privacy Policy, and any User Content that you have shared on Our Site will be removed or anonymised; and
6. We may disable your Account if, in Our reasonable opinion, you have breached these Terms.

5.3 Our Site is intended for users in the United Kingdom. We do not warrant or represent that Our Site or its Content are available or suitable for use in other locations. If you are outside the United Kingdom, please contact Us before placing an Order to make sure that We can fulfil it.

6. Intellectual Property

6.1 With the exception of User Content (see Part 7), all Content included on Our Site, and the copyright and other intellectual property rights in that Content, belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties. The names, brands and logos of the manufacturers whose products We sell (including, but not limited to, Tecline, Kwark and SeaYa) belong to their respective owners.

6.2 You may access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app), and you may download Our Site (or any part of it) for caching. You may print one copy and download extracts of any page(s) from Our Site for personal use only.

6.3 You may not otherwise reproduce, copy, distribute, sell, rent, sub-license, store or re-use any Content from Our Site, or use any Content for commercial purposes, without first obtaining a licence from Us (or Our licensors or the relevant User, as applicable). This does not prevent the normal access, viewing and use of Our Site for general information purposes by Business Customers or Consumers. Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as applicable) must always be acknowledged.

6.4 Nothing in these Terms limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, “Acts Permitted in Relation to Copyright Works”, which allows certain uses of copyright material such as non-commercial research and private study, criticism, review and reporting current events, teaching, accessibility, and parody, caricature and pastiche. Further information is available from the UK Intellectual Property Office.

7. Reviews and Other User Content

7.1 User Content on Our Site includes reviews. An Account is required to submit User Content.

7.2 All User Content must comply with the content standards set out in Part 8. You warrant that your User Content will comply with those standards. You will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of that warranty, and you will be responsible for any loss or damage suffered by Us as a result.

7.3 You (or your licensors, as appropriate) retain ownership of your User Content and all associated intellectual property rights. When you submit User Content to Our Site, you grant Us a non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, publish, transmit, adapt, edit, reproduce, distribute, display and sub-license your User Content to the extent necessary to operate and promote Our Site.

7.4 User Content is not approved or verified by Us before it is displayed on Our Site. The opinions, views and values expressed in User Content are those of the relevant Users and do not represent Our opinions, views or values. All User Content is considered non-confidential, and We are not responsible for any loss of User Content submitted to Our Site.

7.5 We may reject, reclassify or remove any User Content where, in Our reasonable opinion, it breaches these Terms, or where We receive a complaint from a third party and decide that the User Content should be removed. We may disclose your identity to a third party if that third party claims that your User Content infringes their intellectual property rights or their right to privacy.

7.6 If you wish to complain about any User Content, or to have your User Content removed, please contact Us using the details in Part 3. Please note that caching or references to your User Content may not be made unavailable immediately, and may not be made unavailable where they are outside of Our reasonable control.

8. Acceptable Use, Security and Links

8.1 You may only use Our Site in a lawful manner. You must comply fully with all local, national and international laws and regulations that apply, and you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent.

8.2 When using Our Site, Our contact form or any other communication facility, and when submitting User Content, you must not communicate, submit or otherwise do anything that:

1. is sexually explicit, or in any way sexualises minors;
2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
3. promotes violence or terrorism, or promotes or assists in any form of unlawful activity;
4. is defamatory of another person, or bullies, insults, intimidates or humiliates another person;
5. discriminates against any person, group or class of persons on grounds including race, nationality, gender, gender identity, sexual orientation, religious or philosophical beliefs, disability or age;
6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset or embarrass another person;
7. is calculated or otherwise likely to deceive, including by misleadingly impersonating any person or implying any affiliation with Us or any other party where there is none;
8. infringes, or is likely to infringe, another person’s right to privacy or intellectual property rights (including copyright, designs, patents, trade marks and database rights); or
9. is in breach of any legal duty owed to another party, including contractual duties and duties of confidence.

8.3 You may not in any way undertake, enable, permit, authorise or facilitate any form of web scraping, or text or data mining, on or with respect to any part of Our Site, and you may not use any part of Our Site or its Content for the purposes of developing or training AI models or systems. This includes the use of any bot, robot, scraper, spider or other automated system, tool or technique designed to access, obtain, copy or republish Content, or to analyse text or data from Our Site. This applies to the fullest extent permissible by law.

8.4 We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware, but We do not guarantee that this is the case. You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.

8.5 You must not deliberately introduce viruses or other malware, or any other material that is malicious or technologically harmful, to or via Our Site. You must not attempt to gain unauthorised access to any part of Our Site, the server on which it is stored, or any other server, computer or database connected to it, and you must not attack Our Site by means of a denial-of-service attack, a distributed denial-of-service attack or by any other means. By breaching these provisions you may be committing a criminal offence under the Computer Misuse Act 1990. Any such breach will be reported to the relevant law enforcement authorities, We will cooperate fully with those authorities by disclosing your identity to them, and your right to use Our Site will cease immediately.

8.6 If you fail to comply with this Part, you will be in breach of these Terms. We may take one or more of the following actions in response: suspend or terminate your right to use Our Site; issue you with a written warning; take legal proceedings against you for reimbursement of any costs resulting from your breach; take further legal action as appropriate; disclose relevant information to law enforcement authorities; and take any other action that We reasonably consider appropriate and lawful. To the extent permitted by law, We exclude all liability arising out of any action We take in response to your breach.

8.7 You may link to any page on Our Site, provided that the link is fair and lawful, does not take unfair advantage of Our reputation or damage it, does not suggest any association with, endorsement by or approval from Us where there is none, and does not use any logos or trade marks displayed on Our Site without Our express written permission. You must not frame or embed Our Site on another website without Our express written permission, and you may not link to Our Site from any website whose main content is unlawful, obscene, offensive, dishonest, defamatory, threatening, discriminatory, promotes violence, racial hatred or terrorism, or infringes intellectual property rights.

8.8 Links to other websites may be included on Our Site. Unless expressly stated, these websites are not under Our control, and We accept no responsibility or liability for their content. The inclusion of a link is for information purposes only and does not imply any endorsement of that website or of its owners or operators.

9. Website Disclaimers and Liability

9.1 This Part applies only to your use of Our Site and not to the sale of Goods, which is governed by Parts 10 to 15 and Part 16.

9.2 Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only, and professional or specialist advice should always be obtained before taking action on the basis of any information on Our Site.

9.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate and up to date but, to the extent permitted by law, We make no warranties, representations or guarantees (express or implied) that this will always be the case, that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. This does not apply to information about the Goods themselves, which is covered by Part 10.

9.4 Nothing in these Terms excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other liability that cannot lawfully be excluded or restricted.

9.5 If you are a Business Customer, to the fullest extent permissible by law, We exclude all implied representations, warranties, conditions and other terms that may apply to Our Site and Content, and We accept no liability for any loss or damage (including loss of profit, sales, business or revenue, loss of business opportunity, goodwill or reputation, business interruption, or any indirect or consequential loss) arising out of or in connection with the use of, or inability to use, Our Site or reliance on its Content.

9.6 If you are a Consumer, you agree that you will not use Our Site for any commercial or business purposes, and We have no liability to you for any business losses. If Our Content (digital content) damages other digital content or a device belonging to you, and that damage is caused by Our failure to use reasonable skill and care, We will either compensate you or repair the damage. This right is lost if the damage could have been avoided by following Our advice or instructions to install a free patch or update, if it resulted from your failure to follow Our instructions, or if the minimum system requirements We provided were not met.

9.7 We are not responsible or liable for any disruption or non-availability of Our Site resulting from external causes, including internet service provider or host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

10. Goods, Pricing and Orders

10.1 We make all reasonable efforts to ensure that all descriptions and images of Goods on Our Site match the actual Goods. Please note that images of Goods are for illustrative purposes only, and there may be slight variations in colour between an image and the actual product due to differences in device displays and lighting conditions. Images or descriptions of packaging are also for illustrative purposes only, and the actual packaging may vary. This does not exclude Our responsibility for mistakes due to Our negligence, and refers only to minor variations in the correct Goods, not to different Goods. If you receive Goods that are not as described, please refer to Part 13.

10.2 We cannot guarantee that Goods will always be available. Stock indications are provided on Our Site but may not reflect true stock levels, and the estimated delivery date will be confirmed in your Order Confirmation.

10.3 Minor changes may be made to certain Goods from time to time, including between you placing your Order and the Goods being dispatched, for example to reflect changes in relevant laws and regulatory requirements or to address technical or security issues. Minor changes will not change the main characteristics of the Goods or affect your use of them. If We make a more significant change that will affect your Order, We will inform you and you may contact Us to end the Contract before the change is made, in which case you will receive a refund for any Goods paid for but not received.

10.4 We make all reasonable efforts to ensure that the prices shown on Our Site are correct, but We may change prices and special offers from time to time. Changes in price will not affect any Order that you have already placed, except for changes in VAT (see below).

10.5 All prices on Our Site include VAT, which is shown on the product page. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be adjusted automatically when taking payment. Delivery charges are not included in the price of Goods. Delivery options and related charges will be presented to you as part of the order process, before you submit your Order.

10.6 All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing. If the correct price is lower than the price shown when you made your Order, We will simply charge you the lower price. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it), and We will not proceed with your Order until you respond. If you do not respond within 5 working days, We will treat your Order as cancelled and inform you in writing.

10.7 If We mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could reasonably have recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods to Us.

10.8 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review and amend it, so please check your Order carefully. If you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We cannot process your Order for that reason, We will ask you to correct it or provide the missing information. If you do not do so within a reasonable period, or the information is inaccurate or incomplete, We may end the Contract or charge you a reasonable sum for the extra work required. We will not be responsible for supplying the affected Goods late, or at all, if this is due to you not providing the required information within a reasonable period of Us asking for it.

10.9 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order is a contractual offer, and Our acceptance of it is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods.

10.10 Each Order Confirmation contains your Order Number, confirmation of the Goods ordered including full details of their main characteristics, fully itemised pricing (including, where appropriate, taxes, delivery and other additional charges), and the estimated delivery date(s). We will also include a delivery note with every order dispatched.

10.11 In the unlikely event that We cannot accept your Order, We will inform you in writing and explain why. No payment will be taken under normal circumstances and, if We have taken payment, it will be refunded as soon as possible and in any event within 5 working days, using the payment method you used when ordering. We may not accept an Order because the Goods are out of stock, because of unexpected limits on Our resources, because We have identified a mistake in the description or price of the Goods, or because We cannot meet a delivery deadline that you have set.

10.12 Safety and correct use. Technical diving equipment is intended for use by suitably trained and certified divers. Please read and follow the manufacturer’s instructions supplied with the Goods, including any servicing and maintenance requirements, and make sure that you have the training appropriate to the equipment and the dive. Nothing in this paragraph limits or excludes your legal rights.

11. Payment and Ownership of the Goods

11.1 Payment for Goods and related delivery charges must always be made in advance, and you will be prompted to provide payment details during the ordering process. We will not charge your chosen payment method until We dispatch the Goods.

11.2 We accept the following methods of payment on Our Site: credit card (Visa, Mastercard and American Express), debit card and bank transfer.

11.3 If you believe that We have charged you an incorrect amount, please contact Us as soon as possible using the details in Part 3.

11.4 Ownership of the Goods passes to you once We have received payment in full of all sums due, including any applicable delivery charges.

12. Delivery

12.1 All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation, unless otherwise agreed or specified during the ordering process.

12.2 We will not be responsible for delays that are outside of Our reasonable control (see Part 17). If delivery is delayed for such a reason, We will inform you as soon as possible and take steps to minimise the impact of the delay. If there is a risk of a substantial delay, you may contact Us to end the Contract and you will be refunded any sums paid for Goods that you have not received.

12.3 If you (or someone on your behalf) are not available at your address to take delivery, and the Goods cannot be posted through your letterbox, We will leave a note explaining how to arrange re-delivery or where to collect the Goods. If you do not arrange re-delivery or collect the Goods, We will contact you for further instructions. We may charge you for storage and further delivery costs. If, despite Our reasonable efforts, We cannot contact you or arrange re-delivery or collection, We may end the Contract and refund you, deducting a reasonable sum to cover any net costs incurred by Us as a result.

12.4 In the unlikely event that We do not deliver the Goods on time (within 30 calendar days of the Order Confirmation or as otherwise agreed or specified), you may treat the Contract as being at an end immediately if We have refused to deliver the Goods, if delivery within that period was essential in light of all relevant circumstances, or if you told Us when ordering that delivery within that period was essential. Otherwise, you may specify a new, reasonable delivery date, and if We fail to meet it you may then treat the Contract as being at an end.

12.5 You may cancel all or part of your Order on these grounds, provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you. If any cancelled Goods are delivered to you, you must return them to Us or arrange for their collection, and We will cover the costs of postage or collection. Please contact Us for a return label or to arrange collection.

12.6 Responsibility for the Goods (the risk in them) passes to you once We have delivered them to the address you have provided, or once you (or a carrier organised by you) collect them from Us.

13. Faulty, Damaged or Incorrect Goods (Consumers)

13.1 This Part provides a summary of your legal rights as a Consumer. These rights may be subject to certain exceptions. For full details please refer to the Citizens Advice website or contact them on 0808 223 1133. Nothing in these Terms affects your legal rights. If you are a Business Customer, please see Part 16.

13.2 The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of a product, your legal rights are as follows:

1. beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject them and to receive a full refund if they do not conform as stated above;
2. if you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair or a replacement. We will cover any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. Where a repair or replacement is impossible or disproportionate, We may instead offer you the alternative or a full refund. If you request a repair or replacement during the 30 calendar day period, that period is suspended while We carry it out and resumes on the day you receive the repaired or replacement Goods (and if fewer than 7 calendar days remain, the time remaining is extended to 7 calendar days);
3. if, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to try again, or you have the right either to keep the Goods at a reduced price or to reject them in exchange for a refund;
4. if you exercise the final right to reject the Goods more than six months after you received them, We may reduce any refund to reflect the use you have had out of the Goods; and
5. within six years after you received the Goods, if they do not last a reasonable length of time, you may be entitled to a partial refund. After six months have passed since you received the Goods, you must prove that the defect or non-conformity existed at the time of delivery.

13.3 You will not be eligible to claim under this Part if We informed you of the problem before you purchased the Goods, or you had the opportunity to examine them and the problem should have been obvious; if you have caused the problem yourself, for example through misuse or intentional or careless damage; if you purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem resulted from that use; if the problem is the result of normal wear and tear; or if you have changed your mind (see Part 14).

13.4 If there is a problem with the Goods, please contact Us using the details in Part 3. If you exercise your legal right to reject the Goods, you must return them to Us, by post, by arranging collection, or in person. We will cover the costs of postage or collection, so please contact Us for a return label or to arrange collection.

14. Cancelling, Returns and Refunds

14.1 Changing your mind (Consumers). The Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason. This 14 calendar day “cooling-off period” begins when the Contract is formed (when We send you the Order Confirmation). If the Goods are delivered in a single instalment, it ends 14 calendar days after the day on which you (or someone you nominate) receive the Goods; if they are delivered in separate instalments on separate days, it ends 14 calendar days after the day on which you receive the final instalment. You may also cancel for any reason before We send the Order Confirmation.

14.2 To end the Contract for this reason, you must inform Us within the cooling-off period. You may do so in any way you wish (including by email, post or telephone) using the details in Part 3. Please state that you want to cancel and end the Contract, giving your name, address, details of your Order and, where possible, your email address and telephone number. You may use the following wording: “I/We hereby give notice that I/We cancel my/our contract for the supply of the following goods: [Order Number and description of goods], ordered on [date], received on [date]. Name: [your name]. Address: [your address]. Date: [date].”

14.3 Your cancellation notice is effective from the date on which you send it. Provided you send it, or contact Us directly, by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.

14.4 The right to change your mind may not apply if the Goods are sealed for health or hygiene reasons and you have unsealed them after receiving them; if the Goods consist of sealed audio or video recordings or sealed computer software on physical media that you have unsealed; if the Goods are likely to deteriorate quickly; if the Goods have been personalised or custom-made for you; or if the Goods have been inseparably mixed with other items after you have received them.

14.5 Because of something We have done. You may also have the right to cancel and end the Contract because of something We have done or have told you We are going to do. This applies if We have informed you of an upcoming change to these Terms or to the Goods that you do not agree to; if We have informed you of an error in the price or description of the Goods and you do not wish to proceed; if there is a risk that delivery will be substantially delayed due to events outside of Our control; or if you have a legal right to end the Contract because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in Part 12 apply). If you cancel for any of these reasons, the Contract will end immediately and you will receive a full refund for any Goods which have not yet been provided. You may also be entitled to compensation. You may inform Us in any way you wish, as set out above.

14.6 Returning Goods. If you cancel and end the Contract for any reason after Goods have been dispatched or delivered to you, you must return the Goods to Us or arrange for their collection, subject to your right to cancel part of your Order (see Part 12). Please contact Us for a return label or to arrange collection. If you are changing your mind under the cooling-off period, you must return the Goods no more than 14 calendar days after the day on which you told Us you wish to cancel.

14.7 We will cover the costs of returning the Goods if they are faulty or misdescribed, or if you are cancelling because of changes to these Terms or the Goods that you do not agree to, an error in the price or description, a risk of substantial delay outside of Our control, or something We have done wrong. If you are changing your mind under the cooling-off period, or in any other circumstances, you must cover the costs of returning the Goods to Us. If We are collecting the Goods, the cost charged to you will only be the direct cost to Us of collecting them.

14.8 Refunds. All refunds due to you will be made using the same method that you used when paying for the Goods, and as soon as possible. You will be refunded the price paid for the Goods and for delivery, subject to the following. If you are changing your mind, We may reduce your refund to reflect any reduction in the value of the Goods caused by your handling of them in a way that would not be permitted in a shop, and if We issue the refund before inspecting the Goods and later discover this, We may charge you an appropriate sum. Standard delivery charges (the cheapest option available for your Order) will be refunded, but premium delivery charges are refunded only up to the cost of the standard option. If you are changing your mind, We will issue your refund within 14 calendar days of the day on which We receive the returned Goods, or the day on which you inform Us (supplying evidence) that you have sent them back if that is earlier; if We are collecting the Goods, or have not yet dispatched them, within 14 calendar days of the day on which you inform Us that you wish to cancel.

15. Our Liability to Consumers

15.1 If you are a Consumer, We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence, or if it was contemplated by you and Us when the Contract was created. We will not be responsible for any loss or damage that is not foreseeable.

15.2 We only supply Goods to Consumers for domestic and private use. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale), and We will not be liable to you for any loss of profit, loss of business, interruption to business or loss of business opportunity.

15.3 Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors), or for fraud or fraudulent misrepresentation. Nothing in these Terms seeks to exclude or limit your legal rights as a Consumer, including those explained in Part 13.

16. Business Customers

16.1 If you purchase Goods in the course of business, this Part applies to your Contract in addition to the rest of these Terms. The provisions that are specific to Consumers (including the cooling-off period, Part 13 and Part 15) do not apply to Business Customers. These Terms constitute the entire agreement between Us and you for your purchase of Goods, and you acknowledge that you have not relied on any statement, representation, warranty or promise that is not set out in them.

16.2 Prices on Our Site include VAT. If you are VAT-registered and wish to reclaim VAT, We will provide you with a VAT invoice. Payment must be made in full for your Order, without any set-off, counterclaim, deduction or withholding (except where a deduction or withholding of tax is required by law).

16.3 If no one is available at your delivery address, We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods. If you do not collect the Goods or rearrange delivery within 3 working days, We will contact you to ask how you wish to proceed. If We cannot contact you or arrange re-delivery or collection, We will treat the Contract as cancelled and recover the Goods. You will be refunded the price of the Goods themselves, but not the cost of delivery, and We may bill you for any reasonable additional cost that We incur in recovering the Goods.

16.4 We warrant that the Goods, on delivery, will be as described, free from material defects in design, material and workmanship, of satisfactory quality (as defined in the Sale of Goods Act 1979), and fit for any purpose described by Us. If any Goods do not comply, We will, at Our discretion, repair or replace the affected Goods or refund the price of the affected Goods, provided that you give Us written notice of the non-compliance within a reasonable time of discovering it, return the Goods to Us at Our expense, and give Us a reasonable opportunity to examine them. Refunds will include the delivery costs you paid, will be made using the payment method used for the Order, and will be issued within 5 working days of the day on which We agree that you are entitled to the refund.

16.5 We will not be liable for non-compliance if you have made further use of the affected Goods after giving Us notice of the non-compliance; if it arose from your failure to follow Our instructions on correct usage, maintenance, installation, storage or servicing (or, where none were provided, good trade practice); if it arose from information you provided to Us; if you have made unauthorised alterations or repairs; or if it results from normal wear and tear, deliberate damage, negligence, or abnormal or unsuitable working conditions. Except as set out in this Part, We have no further liability to you for Goods that do not comply.

16.6 Subject to the following paragraph, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, loss of business, interruption to business, loss of business opportunity, or any indirect or consequential loss arising out of or in connection with any Contract. Our total liability to you for all other losses arising out of or in connection with a Contract is limited to the total sums paid by you for the Goods under that Contract. Except as expressly set out above, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

16.7 Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; for breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; for defective products under the Consumer Protection Act 1987; or for any other matter in respect of which liability cannot be excluded or restricted by law.

16.8 If you wish to buy on trade or wholesale terms, please contact Us using the details in Part 3. Where We agree separate written terms with you, those terms will apply to the extent that they differ from these Terms.

17. Events Outside of Our Control

17.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to, power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war (declared, undeclared, threatened or actual), epidemic or other natural disaster, supplier or carrier failure, and any other event beyond Our reasonable control.

17.2 If such an event occurs and is likely to adversely affect Our performance, We will inform you as soon as is reasonably possible and take all reasonable steps to minimise the delay. To the extent that We cannot minimise the delay, Our affected obligations will be suspended and any time limits extended accordingly. We will inform you when the event is over and provide details of any new dates, times or availability of Goods as necessary.

17.3 If the event continues for more than 30 days, either of Us may cancel the Contract. If you wish to cancel, you may do so in writing or by contacting Us using the details in Part 3, giving your name, address, email address, telephone number and Order Number. Any refunds due as a result will be paid as soon as is reasonably possible and in any event within 5 working days of the date on which the Contract is cancelled, using the payment method you used when ordering the Goods. Nothing in this Part affects your legal rights as a Consumer.

18. Complaints and Feedback

18.1 We always welcome feedback from Our customers and, whilst We use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We want to hear from you if you have any cause for complaint.

18.2 If you wish to complain about any aspect of your dealings with Us, please contact Us by emailing complaints@aquaactive.co.uk or by using Our contact form (https://aquaactive.co.uk/contact/). We will acknowledge your complaint within 5 working days, investigate it fairly, and aim to give you a full response within 28 days. If your complaint is more complex, We will keep you informed of Our progress.

18.3 Alternative dispute resolution, or “ADR”, refers to ways of resolving disputes between a Consumer and a trader without going to court. ADR is voluntary, and We do not currently use a specific ADR provider. If you are a Consumer and you are not satisfied with how We have handled your complaint, you can get free, impartial advice from Citizens Advice on 0808 223 1133 or at www.citizensadvice.org.uk. You may still bring legal proceedings if you are not satisfied with the outcome.

19. How We Use Your Personal Information

19.1 We will only use your personal information as set out in Our Privacy Policy (https://aquaactive.co.uk/privacy-policy/), which also explains how We use Cookies (https://aquaactive.co.uk/privacy-policy/#part-14).

20. Communications from Us

20.1 If We have your contact details and/or if you have an Account, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, your Order, changes to Our Site or to these Terms, or your Account.

20.2 We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link, and email marketing options can also be changed in your Account settings. If you opt out, it may take up to 5 business days for your request to take effect and you may continue to receive emails during that time. For questions or complaints about communications from Us, please contact Us using the details in Part 3.

21. Other Important Terms

21.1 We may transfer (assign) Our obligations and rights under these Terms (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this occurs, We will inform you in writing. We will ensure that your rights will not be affected and that Our obligations will be transferred to the third party, who will remain bound by them.

21.2 You may not transfer (assign) your obligations and rights under these Terms (and under the Contract, as applicable) without Our express written permission. We may refuse permission if, for example, We reasonably consider that the transfer would make it harder for Us to enforce Our rights or to perform Our obligations.

21.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way, and no such person or party will be entitled to enforce any provision of these Terms.

21.4 If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that provision shall be deemed severed from the remainder of these Terms, and the remainder shall be valid and enforceable.

21.5 No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.

22. Law and Jurisdiction

22.1 These Terms, and the relationship between you and Us (whether contractual or otherwise), shall be governed by, and construed in accordance with, English law.

22.2 If you are a Consumer, you will benefit from any mandatory provisions of the law in your country of residence, and nothing in this Part takes away from or reduces your legal rights as a Consumer. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms or to the relationship between you and Us shall be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your residency.

22.3 If you are a Business Customer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.