Terms & Conditions

Welcome to Clarity Aquatics (the "Site"). This Site is maintained and operated by Clarity Aquatics Limited trading as Clarity Aquatics (“CA” or "Company"). We are registered in England and Wales under number 12798067. Our registered office is at 32 Castle Square, Caernarfon LL32 5NN.

By accessing, browsing or using this Site, you acknowledge that you have read and agreed to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you should not use or access this Site. CA reserves the right to revise these Terms at any time by updating this posting, but will not change these Terms in relation to orders which have been placed and acknowledged by CA before the change is made. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. By agreeing to these Terms it also constitutes your agreement to the Site Privacy Policy which is incorporated herein.

By accessing or using any part of the site, you accept, without limitation or qualification, these Terms. If you do not agree with all of the Terms set forth below, you may not use any portion of the site. Price information found on this site is subject to change without notice. CA reserves the right to change these Terms and Conditions of Use at any time without notice, but will not change these Terms in relation to orders which have been placed and acknowledged by CA before the change is made.

We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

1. Use of the Site

You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of CA. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of CA. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site.

We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:

  1. Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity

  2. Posting any information which is untrue, inaccurate or not your own or which is defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening, racist, obscene, vulgar, indecent, pornographic or of a sexual nature

  3. Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation

  4. Attempting to interfere in any way with the Site’s or CA’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.

2. Registration and Passwords

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice.

3. Additional Terms and Conditions

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to Privacy Policy.

4. Your personal information

We are committed to protecting the information we receive from you. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. For more information, please refer to our Privacy Policy.

5. Membership

The Site is available to registered users who are 18 years and older and who have not been suspended or removed by CA for any reason. We reserve the right to revoke your membership for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. Where we revoke your membership, this will not affect current orders which we have acknowledged unless we revoke as a result of your breach of these Terms or the Privacy Policy or any other guidelines or rules, in which case we may terminate all existing orders and will not be obliged to make any refund. In event that we revoke your subscription membership, you will reimbursed any subscription fees on a pro rata basis. Membership is void where prohibited by law.

6. Orders and Contracts

CA’s Care Packages (“Packages”) may be ordered by clicking on the Package you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Submit Order" or equivalent button on the checkout page.

Your order constitutes an offer to CA to buy a Care Package. All orders are subject to acceptance by CA. CA is not obliged to accept your order and may, in its discretion, decline to accept any order. Where CA accepts your order, it will confirm such acceptance to you by sending you an email that confirms that CA has recognised your purchase of a Package.

By purchasing a Clarity Aquatics Care Package you acknowledge that your Package has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the original subscription rate. Your credit card will be charged on the 1st of every calendar month. Any Care Package cancellations need to be done prior to payment and scheduled delivery and only after 48 hours of initial purchase. To cancel your subscription at any time, you must email us at enquiries@clarity-aquatics.com. We will respond to you in a timely manner with confirmation of your cancellation. If you cancel, you may use your subscription until the end of the month.

The price of a Care package includes the price of the goods selected with discount, VAT and free delivery (Outside mainland UK may vary) We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Membership is void where prohibited by law.

7. Offers & Discount Codes

Any one offer cannot be used in conjunction with any other offer. Offers cannot be added retrospectively. Offers are not transferable or redeemable for cash or credit.

We reserve the right to withdraw or cancel discount codes at any time. We also reserve the right to reject discount codes if we suspect any fraud.

8. Care Package delivery, process, rights & cancellation

Clarity Aquatics Care Packages are sent out at two shipping dates each month of the year—One mid-month (usually the 15th of the month, or the next business day) and one at the end of the month. Subscriptions which successfully renew in the first half of the month are sent out on the 15th (or the next business day) and subscriptions which successfully renew in the second half of the month are sent out on the last business day of the month.

Care Package Subscriptions renew on the same day of the month, based on the monthly frequency of the subscription, or the last day of the month if there's no corresponding date in shorter months. For example, if a customer starts a monthly subscription product on January 31, the subscription will renew on February 28, then March 31.

When a you click Subscribe on a subscription-based product, you’ll be taken to Express Checkout, where you can confirm the order for the subscription product alone (you cannot add other products the cart in the Express Checkout). You will then be prompted to log in or create a new Customer Account. All customers who wish to start a Care Package Subscription must create a Customer Account.

After the order processes, you will receive an Order Confirmed email with the subscription details and information about how to manage your settings.

The card details entered at checkout will be saved to your Customer Account, and future renewal orders will be placed automatically.

Customers who buy subscription products can view and manage their subscriptions from their Customer Account. After logging in, click My account, and then Subscriptions. All subscriptions are listed in the Subscriptions section, and you can click a subscription to view its details. To update payment information or change a billing address, click Payment Method, and then Add New Payment Method.

You may cancel your Care Package yourself from the Subscriptions section by clicking Cancel Subscription. Cancelling a subscription does not cancel the most recent month if the order has already been processed. You can also cancel by contacting CA through the email address and procedure specified in our FAQ. CA will not refund any months for a month in which the Package has already been sent. Members that subscribe to a Clarity Aquatics Care Package will need to wait 48 hours before cancellation.

If a charge to a customer’s card fails when attempting to renew a subscription, our subscription system will automatically reattempt the charge five days after the failed charge. If that fails, a second attempt will be carried out five days after that. If it fails after the second reattempt, the subscription is cancelled and the package for that month will not be sent out.

If a payment fails when attempting to renew a subscription, and the reattempt means the payment is successful after the mid-month shipping date, then the package will be sent out at the end-month shipping date for that particular month.

If you receive damaged or faulty goods, you may follow the procedure specified in our FAQ for declaring your delivery damaged. Refund declarations must be made within 24 hours of receiving your Package. CA will send you a replacement of the damaged goods. CA does not refund damaged or broken deliveries. CA reserves the right to dispute the reception of a damaged or broken bottle.

CA’s shipping partners normally alert CA in the event of damaged goods before it is delivered. If this occurs with your Care Package, CA will send you a new Package as soon as possible.

9. Proprietary Rights

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of CA or our partners and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. CA and the CA logo are registered trademarks TO CONFIRM THIS. All other trademarks are the property of their respective owners. All of our Site's content is the property and copyright of the Craft Gin Club. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Clarity Aquatics and its affiliates.

10. Submitted Content

By submitting or posting any materials or content on the Site, you grant CA a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works on our websites and apps and in any other materials or medium, and sublicense such materials or any part of such materials. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration or subscription has ended. If you do not want to grant CA the rights set out in this paragraph, please do not submit your content to us. You confirm that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant CA the license specified above. You also confirm that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. CA will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or payment to you. To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content.

CA reserves the right to use content that you post to social media that specifically concerns or references CA, its partners and the products it offers. This content may be shared by CA on its own social media properties, with third-parties, and on the Site.

Review Guidelines

CA values your feedback. When writing your review, please consider the following guidelines:

  1. Focus on the product and your individual experience using it

  2. Provide details about why you liked or disliked a product

We reserve the right not to post your review if it contains any of the following types of content or violates other guidelines:

  1. Obscenities, discriminatory language, or other language not suitable for a public forum

  2. Advertisements, "spam" content, or references to other products, offers, or websites

  3. Email addresses, URLs, phone numbers, physical addresses or other forms of contact information

  4. Critical or spiteful comments on other reviews posted on the page or their authors

11. Disclaimers

CA is not responsible if you cannot access the Site properly or at all because your ISP connection, the Internet generally or your browser software is inadequate or functioning badly, or if your ISP suspends or terminates their service to you, or because of any other event outside CA's control. If you cannot access the Site properly or at all because of any of these reasons, CA will not refund any money you have paid or compensate you.

Making the Site enjoyable means CA needs to fix bugs, install updates and do general diagnosis and maintenance of the Site. CA will try to do scheduled maintenance during what CA anticipates will be relatively low levels of online use. CA also needs to be able to do emergency maintenance and/or suspend access to the servers where, in CA's reasonable discretion, CA sees the need to do that. CA will try to have the Site available again as soon as CA thinks it is safe to do so.

The Site relies in part on software to work. Software has bugs. Whilst CA will monitor the Site and try to fix bugs that are made known to us, CA cannot guarantee that the Site will be bug-free or will work all the time. It is not a term of these Terms of Use that the Site or any individual feature of the Site will always be available, error free and/or free from viruses.

Where the Site contains links to other websites and third party products or services, these links are provided for your information only. CA is not responsible for the content of these websites or products or services.

12. Indemnification

You agree to indemnify CA and its group companies liabilities and the reasonable costs (including reasonable legal fees), sustained or incurred as a result of content posted to the Site by you being in violation of these Terms and/or CA's Review Guidelines.

13. Limitation of Liability

CA excludes: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by the Site; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Site, or of a breach of these Terms. For example, losses are foreseeable where they could be contemplated by you and CA at the start of your membership.

CA will not be liable to you over the entire period of your use of the Site for any loss in excess of (a) the total value of products or subscriptions ordered by you via the Site from time to time and (b) £250, whichever is the higher.

Notwithstanding this, nothing in these Terms will affect any liability we may have for: (a) death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation; © for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or (d) any other liability that cannot by law be excluded or limited.

14. Copyright Infringement; Notice and Take Down Procedures

CA specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim.

15. Severability

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.

16. Waiver; Remedies; Variations, Entire Agreement

The failure of CA to partially or fully exercise any rights or the waiver of CA of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by CA or be deemed a waiver by CA of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of CA under these Terms and any other applicable agreement between you and CA shall be cumulative, and the exercise of any such right or remedy shall not limit CA’s right to exercise any other right or remedy. These Terms may not be varied except with our express written consent. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the Site and any order. We are required by law to advise you that contracts may be concluded in English only and that no public filing requirements apply. Please let us know if you would make changes or not receive certain items in your Care Package. Not all items are sold separately, but any items within the Care Package are covered by the agreed cost and are explained on arrival of the Care Package.

17. Governing Law

The operation of our site and Contracts for the purchase of Goods through our site are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

18. VAT and other information for members in Channel Islands

For those residing in the Channel Islands, Clarity Aquatics Ltd does not charge VAT. An additional shipping cost and handling fee applies depending on the size of Care Package.

Duty on subscription boxes shipped to Jersey are prepaid by Clarity Aquatics Ltd. Duty on subscription boxes shipped to Guernsey may be payable by the importer, depending on the size and abv. of the goods being imported. Please contact your local Government for further information on paying duty and declaring imported goods.

Questions

Should you have any questions regarding these Terms you may contact us at enquiries@clarity-aquatics.com

Disclaimer: CA is an online store and subscription service that sells aquatics goods and services. We do not manufacture any of the products ourselves and are only a distributor for said products.