This website is owned and operated by Koikeeper.co.uk a subsidiary of Maidenhead Aquatics Limited.
These Terms are correct as of 16th April 2024 but please note that the Company may amend these Terms and Conditions at any time.
If you continue to use this website you are agreeing to comply with these terms and conditions of use, which together with our Cookie and Privacy Policy, govern Koikeeper dealing with you in relation to this website.
The use of the Website and any Contracts formed between you and the Company are governed by English law. Any dispute arising from, or related to, such use and any such Contracts shall be subject to the exclusive jurisdiction of the courts of England. We make no promise that materials on the Website are appropriate or available for use in locations outside the United Kingdom and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws. Overseas orders (i.e. orders from outside the United Kingdom) will not be accepted.
Our terms and conditions are based on Distance Selling Regulations (2000) and are designed to both protect the consumer and the retailer. They govern the entire trading relationship between the Company and you and will remain in force for the duration of our trading relationship.
Throughout the site, the terms “we”, “us” and “our” refer to Koikeeper.co.uk. Koikeeper.co.uk offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website or engaging our services. By accessing or using any part of the site or our services away from the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1 – GENERAL CONDITIONS
It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website, such as our auctions, will only be accessible if you have registered.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
This website may be used for your own private purposes and in accordance with these terms and conditions.
You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2 – AUCTION SALES
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services and legal action will be taken against the individual or organisation.
In order to participate in our auctions, you must be registered as a user with koikeeper.co.uk and have an active account with up-to-date credit card information. You must also live on the UK mainland for delivery purposes. Use of the information held on your profile will be managed in accordance with our Privacy Policy.
All bids placed in an auction are binding and cannot be withdrawn during/after the auction. Please bear in mind the number of koi you are bidding on, as you could win them all. Auction koi are payable for in full at the end of the auction (money is deducted at the conclusion of the auction).
As soon as an auction has finished, the winning bidder will receive an email to confirm their purchase and the funds agreed in the auction will be deducted from the card associated with the winning account.
Koikeeper will then contact the winning bidder to arrange collection/delivery of the livestock.
Successful bidders can arrange to have their koi delivered or can collect in person. If you would like to collect, please choose the free delivery option, and contact us with an estimated collection date.
Koi that are to be delivered will be done via our courier service (APC), and will be charged at cost. We will make contact to arrange payment and organise a date that is suitable.
All koi must be paid for in full upon collection or prior to delivery.
Koi are shipped via APC or with our own in-house service. You must be available to receive and sign for the delivery. Koi leave our premises in superb condition. If a Koi arrives injured or deceased on arrival, we require a phone call and email along with a video sent to littlehampton@maidenheadaquatics.co.uk for us to investigate and for us to assess the claim. If we assess your case and our belief is that your fish will make a recovery based on our professional opinion, your case will be politely rejected. Bag rub (where a fish causes friction against the body against the transport bag) is not valid for an assessment. Missing scales is also not valid for an assessment and time is required for healing. We, of course, will always assist with help, advice and service where we can as part of our customer agreement.
Koi can be kept for up to 1 week from auction end. Thereafter, a holding fee applies of £25 per week per koi. Out of season auctions, the koi can be kept at store until 31st March with no fee.
If a bid is received within 2 minutes of an auction end, the auction will automatically extend by a further 5 minutes. This is to avoid last second bids. This is the norm with all koi auctions that take place online, even in real life there is “fair warning”. By having the auto extend function, it keeps it fair for everyone. Not the person with the quickest internet, or fastest ability on their computer/phone.
Under no circumstances can auction Koi be exchanged/returned. We operate a strict bio- security policy. All our koi come direct from Japan and undergo a quarantine procedure, using a heat ramp process and regular scrapes and treatments for any parasites present.
If a koi dies during our care which is very unlikely, we will issue you a full refund, or an option to select a suitable replacement of the same value.
Koikeeper.co.uk will not be held responsible if the fish turns out to be the opposite sex as to what was initially thought. ie, Female turns out to be Male
Koikeeper.co.uk does not cover body shape or colour issues and this is at the customers risk at the time of purchase.
We shall not be liable for injury and/or quality decline or improvement of the Koi during keeping. In the unlikely event of death occurring, we will offer a refund or suitable replacement of the same value.
Failure to follow these Terms and Conditions will result in a ban from taking part in these auctions. This is to protect us, and genuine bidders.
We have made every effort to display as accurately as possible the colours and images of our koi that are available for auction. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4 – MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5 – PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colours and images of our koi that are available for auction. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our auctions. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed or for more detail.
7– PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
8 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
9 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
10 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non- infringement.
In no case shall Koikeeper.co.uk, Maidenhead Aquatics Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
11 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Koikeeper.co.uk and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
12 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
13 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
14 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
15 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The United Kingdom.
16 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.