Terms & Conditions

This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you. We sell Products on our site to consumers, businesses and any person, firm or company (acting in the course of business) who we have accepted as a trade account holder (Trader). Traders will either be appointed as (a) non-credit account holders, who may order Products and shall pay for such Products before we deliver the Products (Non-Credit Traders); or (b) credit account holders, who may order Products and shall pay for such Products after we deliver the Products (Credit Account Traders).

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. You should print a copy of these Terms for future reference.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms. These Terms were most recently updated on 10 July 2012. These Terms, and any Contract between us, are only in the English language.
When you place an order on our site you will be asked to accept these Terms. Please click on the button marked "I Accept" if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.

  1. Information about us.
    1. www.silverfish-uk.com . We are Silverfish UK Limited a company registered in England and Wales with company number 04075057 whose registered office is at Units 3B&3C Woodacre Court, Saltash Parkway Industrial Estate, Burraton Road, Saltash, Cornwall PL12 6LY. Our VAT number is 723 5780 29.
  2. Our Products
    1. The images of the Products on our site are for illustrative purposes only. The packaging of the Products may vary from that shown on images on our site.
    2. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
    3. Please note that some Product ranges may only be purchased by trade account holders. If you are a consumer or business, you will be able to view our entire Product range but will only be able to select certain Products.
  3. How we use your personal information
    1. We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as they include important terms which apply to you.
  4. If you are a consumer
    1. If you are a consumer, you may only purchase Products from our site if you are at least 18 years old and located within United Kingdom or the Republic of Ireland.
    2. We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements made by our duly authorised agents, make sure you ask for any variations from these Terms to be confirmed in writing by us.
    3. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau. Nothing in these Terms will affect these legal rights.
  5. If you are a business customer
    1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products and are located within the United Kingdom or the Republic of Ireland.
    2. These Terms and any document expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
  6. If you are a trader
    1. If you are a Trader, you confirm that you have authority to bind the Trader on whose behalf you use our site to purchase Products and are located within the United Kingdom or the Republic of Ireland.
    2. Traders will be issued with a unique trade account username and password and must use these details to login to our site before placing an order.
    3. These Terms and any document expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
  7. How the contract is formed between you and us
    1. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
    2. We will confirm our acceptance to you by sending you an e-mail that confirms that your order for the Products has been accepted (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
    3. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 13.6, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
  8. Our right to vary these terms
    1. We may revise these Terms from time to time if there are changes in how we accept payment from you or relevant laws and regulatory requirements.
    2. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
    3. Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
  9. Your cancellation and refund rights if you are a consumer
    1. If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 9.2. This means that during the relevant period if you change your mind or decide you do not want a Product, you can cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau.
    2. Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract is formed. If the Products have already been delivered to you, you have a period of 7 working days in which you may cancel, starting from the day after the day you receive the Products.
    3. To cancel a Contract, please complete the online return form accessible on our site.
    4. You will receive a full refund of the price you paid for the Products and any applicable delivery charges. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation. If you returned the Products to us because they were faulty or mis-described, please see clause 9.5.
    5. If you have returned the Products to us because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item.
    6. We refund you on the credit card or debit card used by you to pay.
    7. If the Products were delivered to you:
      1. you must return the Products to us as soon as reasonably practicable;
      2. unless the Products are faulty or mis-described, you will be responsible for the cost of returning the Products to us; and
      3. you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
    8. Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation.
    9. As a consumer, you will always have legal rights in relation to Products that are faulty or mis-described. These legal rights are not affected by the returns policy in this clause 9. Advice about your legal rights is available from your local Citizens' Advice Bureau.
  10. Your refund right if you are a trader
    1. If you are a Trader, you agree to review the type and quantity of the Products against the delivery note immediately on delivery. In the event that Products appear to have been damaged in transit, you shall immediately notify the carrier and also notify us within 3 business days of delivery.
    2. The Products are deemed to be accepted by you if we do not receive any notification in accordance with clause 10.1.
    3. You may not at any time return any Products which have been ordered due to your error, unless otherwise agreed in writing by us or in the event that we issue a return authorisation number.
    4. Except for defective Products, all permitted returns may be subject to a restocking fee equivalent to 20% of the total invoiced price for the Products.
    5. Any Products returned to us must be accompanied by a return authorisation number which can be obtained by completing our online returns form which can be accessed at www.silverfish-uk.com/Returns on entering your unique login and password details. We will not accept any Products which are returned without a valid returns authorisation number.
  11. Delivery
    1. On placing an order on our site you may be asked to select a delivery option with a corresponding estimated delivery time and delivery cost. Details of our delivery options, times and costs can be found on our Delivery Charges page .
    2. Your order will be fulfilled by the estimated delivery time selected by you when placing an order, unless there is an Event Outside Our Control (as defined at clause 20.1). If we are unable to meet the estimated delivery time because of an Event Outside Our Control, we will contact you with a revised estimated delivery time.
    3. In the case of consumers and businesses, if no one is available at your address to take delivery, our carrier may leave you a note, in which case, please contact our carrier to rearrange delivery. If our carrier returns the Products to us as no one was available at your address to take delivery, we will contact you to rearrange delivery.
    4. The Products will be your responsibility from the completion of delivery.
    5. You own the Products once we have received payment in full, including all applicable delivery charges. If you are a Trader, until title ownership has passed to you, you shall:
      1. hold the Products on a fiduciary basis as our bailee;
      2. store the Products separately from all other Products held by you;
      3. not remove, deface or obscure any identifying mark or packaging on the Products;
      4. maintain the Products in satisfactory condition and keep them insured;
      5. notify Silverfish immediately if it becomes subject to any of the events listed in clause 16.2; and
      6. give Silverfish such information relating to the Products as Silverfish may require,
    6. If before title passes to a Trader, the Trader becomes subject to any of the events in clause 16.2, or we reasonably believe that any such event is about to happen, then, provided that the Products have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy we may have, we may at any time require the Trader to deliver up the Products and, if the Trader fails to do so promptly, enter any premises of the Trader or any third party where the Products are stored in order to recover them.
    7. If you are a Trader and fail to take delivery or we are unable to deliver the Products due to your fault:
      1. risk in the Products shall pass to you;
      2. we may store the Products until delivery takes place, and charge you for all the related costs and expenses (including insurance); and
      3. if, after 10 business days of the date on which we notify you that the Products were ready for delivery, you have not accepted delivery, we may resell or otherwise dispose of the Products.
    8. We may deliver Products to Traders by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle a Trader to cancel any other instalment.
  12. No international delivery
    1. Unfortunately, we do not deliver to addresses outside the United Kingdom or the Republic of Ireland.
    2. You may only place an order for Products if you are located in the United Kingdom or the Republic of Ireland.
  13. Price of products and delivery charges
    1. The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices are correct. However, please see clause 13.6 for what happens if we discover an error. Please note that different prices will apply depending on whether you are a consumer, business or Trader.
    2. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed within an Order Confirmation.
    3. If you are a consumer or normal business, the price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
    4. If you are a Trader, the price of the Products excludes VAT.
    5. The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page.
    6. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
  14. How to pay
    1. If you are a consumer, business or Non-Credit Trader:
      1. you can only pay for Products using a debit card or credit card; and
      2. payment for the Products and all applicable delivery charges is in advance. We will charge your debit card or credit card at the final stage of submitting your order.
    2. If you are a Credit Account Trader:
      1. we will issue you with an invoice at any time after deliver has taken place;
      2. payment for the Products and all applicable delivery charges must be paid in full and in cleared funds within 30 business days of the date of the invoice, unless otherwise confirmed in writing by us;
      3. if payment is made within 7 business days of the date of the invoice, we may, at our absolute discretion, discount the total price of the Products set out in the relevant invoice by 5% or such other amount that we agree in writing; and
      4. if you fail to make any payment due to us by the due date for payment (due date), then you shall pay interest on the overdue amount at the rate of 4% per annum above Barclays Bank plc's base rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
  15. Manufacturer guarantees
    1. Some of the Products we sell may come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the relevant manufacturer's guarantee.
    2. If you are a consumer, a manufacturer's guarantee is in addition to your legal rights for Products that are faulty or mis-described. Advice about your legal rights is available from your local Citizens' Advice Bureau.
  16. Right to terminate for traders
    1. If the Trader becomes subject to any of the events listed in clause 16.2, or we reasonably believe that the Trader is about to become subject to any of them, then, without limiting any other right or remedy available, we may cancel or suspend all further deliveries without incurring any liability to the Trader, and all outstanding sums in respect of Products delivered to the Trader shall become immediately due.
    2. We may terminate the Contract immediately on giving written notice if the Trader:
      1. becomes insolvent, bankrupt or is unable to pays its debts when they fall due; or
      2. fails to pay any amount due under the Contract on the due date for payment; or
      3. commits any material breach of any term of the Contract and (in the case of a breach capable of being remedied) shall have failed, within 14 business days after the receipt of the request in writing from us to remedy the breach.
    3. Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination.
  17. Our liability if you are a business or trader
    1. If you are a normal business, we only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
    2. If you are a Trader, you may resell the Products provided that you agree to observe the restrictions at clause 19.
    3. Nothing in these Terms shall limit or exclude our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
      4. defective products under the Consumer Protection Act 1987.
    4. Subject to clause 17.3, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any loss of profits, sales, business, or revenue, loss or corruption of data, information or software, loss of business opportunity, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss.
    5. Subject to clause 17.3 and clause 17.4, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
    6. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
  18. Our liability if you are a consumer
    1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
    2. We only supply the Products for private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. We do not in any way exclude or limit our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
      4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
      5. defective products under the Consumer Protection Act 1987.
  19. Restrictions for traders
    1. Traders are permitted to sell the Products to its customers located within the United Kingdom and the Republic of Ireland. The Trader agrees that it shall refrain from making active sales of the Products outside the United Kingdom and the Republic of Ireland. For the avoidance of doubt, the Trader agrees that it shall not be permitted to sell the Products to any customer's located outside the EEA and it shall refrain from making active sales of the Products in the EEA.
    2. In order to maintain the quality of the trade marks used in connection with the Products, Traders further agree that it shall not actively offer, or advertise for sale, the Products on Amazon, eBay or any other online auction type website.
    3. No right to use Silverfish's trade mark or trade name is granted under the Contract.
  20. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control, which means any act or event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract we will contact you as soon as reasonably possible to notify you and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you.
  21. Communications between us
    1. When we refer, in these Terms, to "in writing" this will include e-mail.
    2. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail to info@silverfish-uk.com or by pre-paid post to us at the address set out in clause 1.1. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 9, please see that clause 9 for how to tell us this.
    3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
    4. If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
  22. Other important terms
    1. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    2. This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
    3. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    5. These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we agree that the courts of England and Wales will have exclusive jurisdiction.