Terms & Conditions
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Whenever possible, every effort is made to ship products the same business dayt hey are ordered. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Fountain Mountain, Inc., you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Fountain Mountain, Inc.retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b)Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted bylaw, Fountain Mountain, Inc. and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect,special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity,restitution, by statute, at common law or otherwise. This does not affect Fountain Mountain’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation,misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Return of Goods and Refunds
Fountain Mountain,Inc. is an honest company and we will refund for goods returned in new and boxed condition, minus a 15% restocking fee and shipping. If product shipped to Customer is defective, the restocking and shipping charges will also be refunded. Customer is responsible for proper maintenance of product. For fountain pumps, the most usual problem is a faulty or stuck impeller. A video on cleaning impellers is included on this web site. In addition, pond fountains once placed in water are no longer new. It is impossible to remove fine water stains even if the units were never turned on, and we are not able to make refunds on used products.