These Terms and Conditions govern the sale and purchase of live fish through keep-it-fishy.com operated by Keep it Fishy. By purchasing fish, the customer agrees to be bound by these Terms and Conditions. Please read them carefully before placing your order.
1. Ordering and Acceptance:
- All orders placed through this website are subject to our acceptance. We reserve the right to refuse or cancel any order for any reason, including but not limited to, unavailability of fish, inaccuracies in product information or pricing, or suspected fraud.
- Upon placing an order, you will receive an order confirmation email. This email does not constitute acceptance of your order, but rather confirms our receipt of it. A contract between us will only be formed when we dispatch the fish and send you a shipping confirmation email.
- You are responsible for ensuring the accuracy of your order, including the type and quantity of fish, shipping address, and contact information.
2. Fish Availability and Descriptions:
- We strive to provide accurate descriptions and images of the fish offered on the website. However, due to the nature of live animals, variations in color, size, and markings may occur.
- Fish availability is subject to change without notice. We do not guarantee the availability of any specific fish. In the event that the fish you ordered is unavailable, we will contact you to offer a suitable replacement or a refund.
- We make no warranties, express or implied, regarding the health or lifespan of the Fish.
3. Pricing and Payment:
- All prices are displayed in USD and are subject to change without notice.
- Payment is due at the time of order placement. We accept Paypal.
- You are responsible for any applicable taxes, fees, or duties associated with your purchase.
4. Shipping and Delivery:
- We ship fish across the US.
- Shipping costs are calculated based on weight, destination, shipping method, insulation and heat source.
- We aim to ship orders within 3 business days of order confirmation. However, shipping times may vary depending on location, weather conditions and holidays.
- We are not responsible for any delays or damages caused by the shipping carrier.
- You are responsible for ensuring that someone is available to receive the fish at the designated delivery address. Live fish require prompt attention upon arrival.
- We reserve the right to delay shipping due to extreme weather conditions or other factors that may jeopardize the health of the fish.
5. Live Arrival Guarantee:
- We offer a Live Arrival Guarantee for all fish. This guarantee is subject to the following conditions:
- You must be present to receive the fish at the first delivery attempt.
- You must notify us of any deceased fish within 2 hours of delivery, providing clear photographic or video evidence.
- The fish must be kept in the original packaging until we provide further instructions.
- The Live Arrival Guarantee is void if the fish are exposed to extreme temperatures or mishandled by the customer.
- If a fish arrives dead, we will, at our discretion, either replace the fish (subject to availability) or issue a refund for the price of the fish. Shipping costs are non-refundable.
6. Returns and Refunds:
- We do not accept returns on live Fish.
7. Disclaimer of Warranties:
- We make no warranties, express or implied, regarding the fish or products, including but not limited to, their fitness for a particular purpose, or suitability for your aquarium.
8. Limitation of Liability:
- To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your purchase or use of the fish.
9. Governing Law:
- These Terms and Conditions shall be governed by and construed in accordance with the laws of New York.
10. Changes to Terms and Conditions:
- We reserve the right to modify these Terms and Conditions at any time without notice. It is your responsibility to review these Terms and Conditions periodically for any changes