Returns and Refund Policy

Effective date: 14 July 2025
Last updated: 14 July 2025

This Returns and Refund Policy governs return requests, cancellations, refunds, replacements, damaged item claims, and related after-sales issues for purchases made through AquaBay.co.uk.

By buying or selling through AquaBay.co.uk, users agree to comply with this Policy together with the AquaBay Terms and Conditions, Shipping Policy, Buyer Responsibility Policy, and any category-specific policy, including the AquaBay DOA Policy where applicable.

This Policy applies to transactions between buyers and independent sellers using the AquaBay marketplace. AquaBay operates solely as a marketplace platform connecting buyers and sellers. Unless expressly stated otherwise, AquaBay is not the seller of listed items and is not the contracting party responsible for accepting returns or issuing refunds in place of the seller. AquaBay may, however, enforce this Policy and take marketplace action where necessary.

1. Marketplace Role

AquaBay.co.uk is an online marketplace. Items listed on the platform are sold directly by independent sellers.

Accordingly:

  • the seller is responsible for the item sold, including its description, condition, legality, packaging, dispatch, delivery, return handling, refund handling, and compliance with applicable law
  • AquaBay does not own, stock, inspect, or fulfil items listed by sellers
  • AquaBay is not responsible for a seller’s failure to honour a return, refund, replacement, or cancellation obligation, except that AquaBay may take enforcement action under its marketplace policies
  • AquaBay reserves the right to review evidence, require compliance, issue marketplace sanctions, restrict accounts, remove listings, and where platform rules allow, facilitate or require corrective action

Nothing in this Policy limits any consumer rights that cannot legally be excluded or restricted.

2. General Principles

This Policy is intended to provide a fair and consistent framework for after-sales issues while recognising that different categories may require different treatment.

The following principles apply:

  • buyers must first contact the seller directly through the AquaBay platform
  • sellers must respond within a reasonable time and in any event in accordance with any mandatory timeframe stated in this Policy or another AquaBay policy
  • buyers and sellers must communicate honestly, professionally, and in good faith
  • buyers must provide reasonable supporting evidence where requested
  • sellers must not unreasonably refuse lawful returns, refunds, or replacements
  • AquaBay may intervene for policy enforcement purposes but is not obliged to resolve every dispute or act as the seller

3. Change-of-Mind Cancellations and Consumer Cancellation Rights

For most online consumer purchases, buyers may have a legal right to cancel within 14 days after receiving the goods.

Unless a legal exception applies:

  • the cancellation period generally begins the day after the buyer receives the goods
  • the buyer must clearly notify the seller of the decision to cancel
  • returned goods should be sent back without undue delay
  • the buyer may be responsible for return postage where this has been properly disclosed
  • the seller may make a lawful deduction for diminished value where goods have been handled beyond what is necessary to inspect them

A seller may offer more generous return rights than those required by law but may not reduce mandatory consumer rights.

4. Exceptions to Change-of-Mind Returns

Some goods may be excluded from the ordinary 14-day cancellation right or may be unsuitable for return, where permitted by applicable law.

This may include, where legally applicable:

  • goods likely to deteriorate or expire rapidly
  • goods made to the buyer’s specification or clearly personalised
  • sealed goods which are not suitable for return for health protection or hygiene reasons once unsealed
  • other categories that are legally exempt from cancellation rights under applicable distance selling legislation

Sellers must clearly identify any category-specific return restriction in the listing where required.

Due to the nature of the products sold on the marketplace, the following categories are generally not eligible for return or cancellation for change-of-mind reasons:

  • live animals
  • dead animals
  • live fish and other livestock
  • live plants
  • frozen products
  • chilled or perishable food products
  • opened consumables
  • other sensitive, perishable, welfare-sensitive, or biosecurity-sensitive items

These categories are treated as higher-risk distance sale items because return, cancellation, or reversal may be inappropriate or unsafe due to factors including:

  • animal welfare
  • biosecurity
  • perishability
  • hygiene
  • temperature sensitivity
  • product deterioration during transport
  • the impracticality or unsuitability of re-sale after dispatch or delivery

By purchasing such items, the buyer acknowledges and accepts that, to the extent permitted by law, these categories are excluded from ordinary change-of-mind cancellation and return rights.

For the avoidance of doubt, this exclusion applies only to cancellation or return rights that may lawfully be excluded. It does not remove or limit any statutory rights the buyer may have where an item is faulty, not as described, damaged in breach of contract, or not delivered.

5. Faulty, Damaged, Not as Described, or Unfit for Purpose Items

Buyers have legal rights where goods are faulty, not as described, or not fit for purpose.

Where an item arrives faulty, damaged, materially different from the listing, or otherwise not in conformity with the contract, the seller must provide an appropriate remedy in accordance with applicable law.

Depending on the circumstances, this may include:

  • a full refund
  • a repair
  • a replacement
  • a price reduction
  • reimbursement of reasonable return postage where legally required

Buyers should report such issues as soon as reasonably possible and provide supporting evidence.

6. Items Not Received

Issues relating to non-delivery are governed primarily by the AquaBay Shipping Policy.

Where a buyer believes an item has not been received:

  • the buyer must first contact the seller directly
  • the buyer must allow sufficient time for courier delays (min. 7 days)
  • if not resolved with seller the issue should not normally be raised with AquaBay earlier than 7 days after the latest estimated delivery date or 14 days after the order date, whichever is later

Upon being notified, the seller must within 2 working days provide one of the following:

  • valid tracking or delivery confirmation
  • evidence of a delivery attempt or redelivery attempt
  • shipment of a replacement item
  • a full refund

If tracking confirms delivery, the buyer may need to contact the courier directly.

7. Returns Procedure

Buyers who wish to request a return or refund must:

  • contact the seller through AquaBay messaging
  • provide the order number
  • explain the issue
  • provide photos or videos where relevant

Returned items must be packed securely and shipped according to the seller’s instructions.

8. Return Shipping Costs

Return shipping responsibility depends on the reason for return.

Seller responsible

Where the item is:

  • faulty
  • damaged on arrival
  • not as described
  • incorrect item sent

Buyer responsible

Where the return is for:

  • change of mind
  • discretionary return allowed by seller

9. Refund Timeframes

Refunds must be issued without undue delay, no later than in two working days and in accordance with applicable law.

Where applicable:

  • refunds should be issued after the return is received
  • refunds for undelivered items must follow the 2 working days resolution timeframe described above

10. Replacements

Where a replacement is appropriate:

  • the seller should dispatch the replacement within the same time as originally listed..
  • if a replacement cannot be provided, a refund should be issued

11. Live Animals, Live Fish, Livestock, and Live Plants

Special rules apply to live animals, live fish, livestock, and live plants.

Change-of-mind returns are generally not available due to animal welfare, biosecurity, and transport risks.

Buyers acknowledge and accept that:

  • appearance, markings, pattern, body shape, finnage, colour intensity, and size may vary from photographs
  • listings may show adult or representative specimens while the supplied animal may be younger
  • animals of the same species or breed may develop different colouration, pattern, or size as they mature
  • plants may vary depending on growth stage, trimming, season, or transport conditions
  • slight differences between stated and actual size may occur

For welfare reasons, unnecessary handling or removal of animals from water solely for exact measurement is not recommended.

Unless the listing guarantees a specific measurable size or trait, reasonable natural variation shall not by itself be treated as a defect or misdescription.

12. Frozen Products and Temperature-Sensitive Goods

Frozen products and temperature-sensitive goods are packed appropriately for transport.

However, buyers acknowledge that transit conditions may affect temperature.

A degree of softening or partial thawing during transport may occur despite proper packing.

Unless the product arrives clearly spoiled, damaged, or materially different from the listing, reasonable transit-related temperature change shall not automatically entitle the buyer to a refund or replacement.

Frozen and temperature-sensitive products are treated as perishable items and are generally excluded from change-of-mind cancellation rights where permitted by law.

13. Pre-Orders

Where items are sold as pre-orders:

  • this must be clearly stated in the listing
  • the expected dispatch timeframe must be disclosed

Buyers may cancel where dispatch does not occur within the stated timeframe unless otherwise agreed.

14. Evidence Requirements

To resolve disputes fairly, sellers may require evidence such as:

  • photos of packaging
  • photos of damaged items
  • order details
  • tracking information
  • videos where relevant

Providing false evidence may lead to account suspension.

15. Seller Non-Compliance

If sellers fail to comply with this Policy, AquaBay may take enforcement action including:

  • listing removal
  • account restriction
  • account suspension
  • payout restrictions where permitted

16. Buyer Abuse

Buyers must not misuse refund systems.

Prohibited behaviour includes:

  • false delivery claims
  • returning different items
  • refund abuse
  • harassment or threats to obtain refunds

Accounts engaging in abuse may be restricted or suspended.

17. Chargebacks

Buyers should first attempt to resolve issues directly with sellers.

AquaBay may provide transaction records to payment providers during chargeback investigations.

Repeated misuse of chargebacks may result in account suspension.

18. AquaBay Enforcement Rights

AquaBay may review any claim and take enforcement action where necessary to maintain marketplace integrity.

19. Statutory Rights

Nothing in this Policy removes or limits any rights that users have under applicable consumer protection laws.

20. Policy Changes

AquaBay may update this Policy at any time. Continued use of the platform constitutes acceptance of the updated Policy.

21. Governing Law

This Policy is governed by the laws of England and Wales.

22. Contact

For questions regarding this Policy, users should contact AquaBay through the website contact form.