By placing an order on the Sole Bay Fish Company Ltd Website you are agreeing to be bound by the terms and conditions of sale that are listed below.

Nothing in these terms confers or purports to confer on any third party any benefit or any right to enforce any part of these terms pursuant to the contract (Rights of Third Parties) Act 1999.

Nothing in these terms shall affect your statutory rights as a UK consumer.

1. Goods and Services:
1.1 Sole Bay Fish Company Ltd warrants that all goods promoted for sale on this site are of satisfactory quality. Specifications and representative images are not intended to be binding and are intended only to give a general description of the product.

1.2 We reserve the right to (a) make any changes in the specification necessary to comply with any applicable legal requirements and (b) change the specification published on this website provided this does not materially affect the quality of the goods. In all other respects, and to the maximum extent permissible, Sole Bay Fish Company Ltd makes no other warranties or promises about the goods, and any implied warranties are excluded.

2. Availability, Prices and Information:
2.1 ALL products are offered for sale SUBJECT TO AVAILABILITY.

2.2 The weights and quantities of fresh produce are displayed on the web page as approximations only. Sole Bay Fish Company Ltd does not take responsibility for products not meeting the exact dimensions and specifications listed on this site.

2.3 Sole Bay Fish Company Ltd reserves the right to make any alterations to the price of goods sold on the web page without prior notice.

3. Ordering:
We will treat each order for goods, confirmed when you submit your order to us, from the order page, as an offer by you to purchase the goods subject to these terms and conditions. You are responsible for ensuring the accuracy of your order. When you place an order we will send an e-mail (first e-mail) to confirm receipt, to clarify your order and to enable you to remedy any mistakes. If we accept your order, we will send you a confirmation e-mail (Second e-mail) [with your order number], and such confirmation shall be our acceptance of a legal contract between yourself and us on these terms and we shall thereafter supply you, subject to availability, with the quantity and specifications of goods set out in your order. However, we will be entitled to refuse to accept your order if we feel it necessary, in which case we will e-mail you as soon as we can to let you know. The shops confirmation will be the printout sent with the dispatched goods.

4. Payment:
4.1 You may pay using MasterCard, Visa Credit card, Visa Electron, Maestro, JCB, Switch or Solo Debit card. No other forms of payment are accepted. Sole Bay Fish Company Ltd does not offer credit facilities, so we will not deliver goods to you if you do not pay for your order in full at the time of ordering.

4.2 Sole Bay Fish Company Ltd uses encryption software in the attempt to keep the personal information submitted by you secure. However, we cannot guarantee that any messages transmitted over the Internet, including those that include credit card details, will not be corrupted or intercepted by a third party. To the fullest extent permitted by law, Sole Bay Fish Company Ltd excludes all liability for the integrity of any messages sent to or received from the Sole Bay Fish Company Ltd online shop.

4.3 To process your order it is necessary for full card data to be disclosed, including details of the cards registered address. Failure to provide full information will forfeit an order.

5. Data Protection:
5.1 Sole Bay Fish Company Ltd is registered under, and will process your personal data in accordance with, the Data Protection Act 1998. By sending Sole Bay Fish Company Ltd any messages you consent to the processing of your personal data by Sole Bay Fish Company Ltd using databases and spreadsheets for the purpose of processing your request. This may involve Sole Bay Fish Company Ltd disclosing your details to regulatory bodies and/or third parties.

5.2 From time to time we may also notify you (by telephone, fax, e-mail or post) of other goods and/or services offered by the Sole Bay Fish Company Ltd. If you prefer not to receive such offers/ details, make this clear in any message that is sent to us.

6.Delivery:
6.1 Delivery shall be made to the delivery address supplied by you at the time of ordering. Any times quoted for delivery are approximate only and Sole Bay Fish Company Ltd shall not be liable for any delay in delivery of the products howsoever caused.

6.2 Deliveries and collections will not be available on any days that the shop is closed. Goods must be signed for at the delivery address by the customer or by any other person nominated by the customer who is over 18 years of age. It is the customer’s responsibility to ensure that any person nominated is over eighteen years old. Under no circumstances will goods be left unattended, for example in a customer’s garage or with any person thought to be under the age of 18 years of age.

6.3(a) Sole Bay Fish Company Ltd does not take responsibility for goods that are damaged or broken in transit by Royal Mail and/or chosen courier service.
(b) Sole Bay Fish Company Ltd does not take responsibility for the product(s) not being to the customers exact liking.
(c) Sole Bay Fish Company Ltd does not take responsibility for products reaching a sub-standard level due to package tampering and/or delivery confusion or absence of recipient.
Products at a substandard level due to a manufacturer fault will be dealt with by the Manager of the Sole Bay Fish Company Ltd. The course of action taken will be at his discretion.

6.4 Ownership of the goods shall pass to you once the goods have been delivered, even if the goods have not been received by you in person.
Local delivery:
Customers who are not present at the time of delivery will be subject to a re-delivery charge. In the event of non-delivery please contact Sole Bay Fish Company Ltd (01502 724241) and the relevant action will be taken.

7.Returns:
7.1 Sole Bay Fish Company Ltd wants you to be totally satisfied with your goods. Any claim by you with respect to shortages and/or defects in the goods must be reported to us within 48 hours of the delivery date. (excluding days when the shop is closed). Failure to do this will be deemed acceptance of your order and the Sole Bay Fish Company Ltd shall no longer be held liable.

7.2 Where you make a valid claim in respect of any shortages or defects and we are liable for the claim, we can at our option make up the shortages or replace the goods free of charge. Alternatively, we may refund the price of the goods in question to you. The decision of which will be at our discretion. If delivery is not refused and you do not notify Sole Bay Fish Company Ltd accordingly, Sole Bay Fish Company Ltd shall have no liability for any defects and you shall be bound to pay for the goods.
 
7.3 In other circumstances Sole Bay Fish Company Ltd may, at its discretion, consider allowing nonperishable goods to be returned and enquiries of this nature should be e-mailed and telephoned through to us. In the event that we do allow goods to be returned and a refund given, you will be responsible for the cost of returning the goods to the Sole Bay Fish Company Ltd.

8.Limitation of Liability:
The limit of our liability to you is the making up of any shortfall, replacement, refund of the price of the goods as provided for in terms 7 and 8. We are not responsible to you to any greater extent and in particular we are not liable to you for any indirect or consequential loss (including without limitation financial loss such as loss of profit or otherwise) which you may incur for whatever reason, as a consequence of our failure to comply with these terms and conditions. This term does not operate to exclude or limit our liability in respect of death or personal injury caused by our negligence.

9. Choice of Law and Jurisdiction:
These terms shall be governed by and construed in accordance with English Law and agree to submit to the non-exclusive jurisdiction of the English courts. Sole Bay Fish Company Ltd has a registered address of: 47 Butt Road, Colchester
Essex, CO3 3B2.

PLEASE PRINT OFF A COPY OF THESE TERMS AND CONDITIONS OF SALE FOR YOUR OWN REFERENCE BEFORE ACCEPTING THE TERMS AND CONDITIONS AND PLACING AN ORDER.