Aqua Imports Online Terms & Conditions

 

Aqua Imports (“Aqua,” “we,” “us,” or “ours”) welcomes you to our website located at www.aqua-imports.com (the
“Website”). By browsing the Website or using the services that we make available via the Website from time to
time (the “Services”), including the purchase of products available on the Website (the “Products”), you
acknowledge that you have read, understood, and agree to be legally bound by these Terms & Conditions and
Privacy Policy (these “Terms”) and to comply with applicable laws and regulations. If you do not accept these
Terms, then you are not granted permission to browse, access, or otherwise use the Website or the Services.
Aqua welcomes visitors to the Website to browse and learn about our Services and the Products without charge
or registration. You may use the Services to purchase Products via the Website.

THE SECTION BELOW TITLED “AGREEMENT TO ARBITRATE” CONTAINS A BINDING ARBITRATION
AGREEMENT. THIS PROVISION AND THE REST OF THE TERMS AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Product Purchases

The Website allows you to browse a selection of live fish and other aquatic animals for purchase (the “Products”).
All Product purchases through the Website, or otherwise facilitated by Aqua, are legally binding transactions.

We do not accept and/or process back orders. If one or more items on your order are not in-stock and/or not
available, we will use commercially reasonable efforts to locate the item or a suitable alternative, or that item will
be removed from the order and the balance of the order will be shipped.

Aqua will select the shipping method. You will receive tracking numbers for orders, and Aqua will ship the order
to your specified shipping destination. So long as your order is received by five (5) P.M. Mountain Standard time
on business days, the order will begin processing on that day. Any order submitted on non-business days, or
after 5 P.M. MST on business days, will be deemed received on the next business day.

You are responsible for any charges, penalties and or fees imposed by shipping companies resulting from
incorrect shipping information. Aqua will use commercially reasonable efforts to honor order cancellations or
changes, but cannot guarantee changes to an order after submittal.

If you are purchasing Products on the Website, Aqua will charge your credit card or other form of tender for the
list price of the Products in each order, plus shipping & handling, insurance, processing & related fees, and/or
taxes, as applicable.

Aqua stands behind its products and strives to provide you with the very best experience each and every time
you order from the Website. Aqua uses commercially reasonable efforts to ensure that all descriptions and
images of Products are as accurate as possible. However, Aqua does not warrant that the descriptions or other
content of the Website is accurate, complete, reliable, current or error-free. If a Product is not as described, your
sole remedy is to request a credit or refund of the funds actually paid for such Product. Determination of credits
or refunds will be made by Aqua.

Shipping and Risk of Loss

Customers within the Denver, Colorado metro area have the option of overnight delivery to your door for
a flat rate currently specified on the Website. Delivery is available Tuesday through Thursday only. Depending
on the size and quantity of fish ordered, we may use a medium or large shipping box, at the rates and volumes
currently specified on the Website.

For extra-large fish or those that require large shipping containers (like freshwater stingrays), we highly
recommend shipping via air freight to your nearest airport. This is not only a faster and safer process for the
animal, but also often less expensive as well. For more specific information on box size, a shipping quote, or your
shipping options don’t hesitate to contact us. We only ship within the 48 continental United States. Some items
may be restricted due to local or state regulations. Customers are responsible for adhering to all relevant local
and state laws. We have a $64.99 minimum for all orders.

Placing Your Order

After we receive your order, you will be contacted by email within 48 hours to set the shipping date. This is an
important step to make sure you are available to receive your shipment and able to sign for it when it arrives –
failure to do so will void our guarantee. We ship out Monday through Wednesday, for arrival Tuesday through
Thursday. All shipments are weather permitting – we will check temperatures both at the final destination and at
the carrier’s transfer hub to ensure your fish won’t be exposed to extreme temperatures. In the event of
temperature extremes or likely service disruptions due to weather, we reserve the right to reschedule any
shipment in our sole and absolute discretion. After your order is packed and shipped, you will receive an email
with the tracking information.

Orders submitted with shipping information that differs from the billing information will require customers to create
a customer account and submit a copy of their driver’s license before shipping out.

Order Process

1. You place and pay for an order using the Website.
2. You receive a confirmation email after placing your order.
3. We will contact you within two (2) business days of placing your order to confirm the shipment delivery day and time.
4. Livestock is packed in heavy duty fish bags with oxygen and necessary heat or ice packs and shipped in insulated Styrofoam and/or cardboard boxes.
5. Tracking information is emailed as soon as the shipment leaves.
6. You must be on-hand and present to sign for and receive your order when it is delivered.
7. Carefully follow the strict acclimation guidelines set forth on the Website applicable to your new livestock.
8. Call or email us at any point with questions or concerns.
9. Follow the return process (discussed below) if you believe your livestock is eligible to be replaced hereunder.

Our Guarantee

We guarantee all Products that constitute livestock will arrive alive WITH THE EXCEPTION OF THOSE WITH HIGHLY SPECIALIZED
NEEDS OR THOSE THAT ARE EXTREMELY SENSITIVE TO WATER CONDITIONS. ALL SUCH SPECIES WITH LIMITED OR NO
GUARANTEE ARE NOTED IN THEIR DESCRIPTION AND WILL BE CONFIRMED WITH YOU BEFORE SHIPPING.

For the rest of our fish Products, we fully expect them to acclimate to your aquarium without issue and be healthy
and thriving shortly after you receive them. Should you have a fish arrive dead, DO NOT discard the dead fish. Our
guarantee is contingent on being provided photographic evidence of the deceased fish.

While we will make every effort to advise you on the compatibility of your new fish and its intended tank mates,
our guarantee does not extend to fish that are bullied, harassed, attacked, physically injured, or eaten by other
fish.

Failure to sign for a shipment voids any guarantee. If your order is delayed in transit due to carrier delays or
service interruptions, you are still required to receive, sign for, and acclimate the fish to your aquariums. We pack
all our fish with a healthy cushion in case of delays and in most cases even with significant delays the fish will
arrive alive and in good condition. Delayed orders are handled on a case by case basis.

NO GUARANTEE SHALL APPLY TO ANY PRODUCTS THAT ARE NOT ACCLIMATIZED PURSUANT TO THE
CURRENT ACCLIMATION PROCEDURES CURRENTLY SET FORTH ON THE WEBSITE.

Returns

If your Products consists of livestock and arrives and appears dead, take a photograph of it in the bag but then
continue to acclimate it according to our guidelines. Many fish or invertebrates, especially during cold weather,
may move slowly or not at all upon arrival but will recover upon acclimation.

Water parameters in your aquarium must be within those provided on the species description listed on our site.
We reserve the right to require a water sample or photos of water test results in order for you to redeem our
guarantee.

Due to the inherent risk of shipping live fish, we cannot accept any returns or exchanges except pursuant to the
detailed return process set forth herein. While we make every effort to ship you nothing but the healthiest, most
well-conditioned fish and invertebrates possible we still highly recommend the use of a dedicated quarantine tank
for ALL new fish and that new arrivals are quarantined for at least 2 weeks before being added to a display tank.

Return Process

In the event that you receive a deceased fish, you must take the following steps to be eligible to return the applicable Product:

• Email a picture of the deceased specimen to info@aqua-imports.com immediately. If the fish or invert arrived
dead, please send a photo of it in the original bag. Include your name, order number, pictures and a detailed
message. We may require additional information and photos.
• Please do not call to report deceased specimens. All deceased fish must be documented via email with
corresponding pictures.
• Our guarantee will be void without a clear photo of the dead specimen.
• If your claim meets all other requirements of the guarantee, we will contact you to either arrange a refund or
replacement fish at our discretion.
• Our guarantee is not inclusive of any shipping costs. Customers are responsible for the cost of shipping any
replacement orders; no refunds will be processed for shipping-related charges.

Order Cancellation

Due to the delicate nature of livestock, we will not accept order cancellations once an order is placed.

It is the responsibility of the recipient to setup a viable receiving time within a week of purchase.
Cancellations will only be performed at Aqua’s discretion and will incur a 20% restocking fee.

Taxes

Except as otherwise provided on the Website, prices shown for Products do not include any federal, state or local
taxes, or any other taxes or charges imposed by any government authority, including, without limitation, sales,
use, excise, value-added or similar taxes. Where applicable, such taxes and charges shall be billed as a separate
item and paid by you. Orders are accepted with the understanding that such taxes and charges shall be added,
as required by law. The point-of-sale for all orders shipped within the State of Colorado shall be the City of
Boulder, Colorado. The point-of-sale for all orders shipped outside the State of Colorado shall be the shipping
address of the customer placing such order. We charge applicable sales tax for all order shipped within the State
of Colorado unless you have a valid sales tax exemption certificate on file with us. We will not refund tax amounts
collected in the event a valid sales tax certificate is not provided. If you provide a certificate that is not accepted
for any reason by any governmental or regulatory authority, and we are required to pay tax on your purchase,
you will reimburse us for the amount of such tax, and our reasonable expenses incurred in connection with the
payment and collection of such tax. You can email your resale certificate to: info@aqua-imports.com.

Warranty Disclaimer

EXCEPT FOR ANY GUARANTEES EXPRESSLY PROVIDED HEREIN, AQUA, ITS AFFILIATES, AND ITS AND

THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY THE “AQUA
PARTIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS ABOUT THE
WEBSITE, THE SERVICES (INCLUDING THE PRODUCTS, AND PURCHASE AND SALE OF THE
PRODUCTS), OR THE CONTENT INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE,
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR
PARTICULAR PURPOSE. THE WEBSITE, THE SERVICES (INCLUDING THE PRODUCTS, AND PURCHASE
AND SALE OF THE PRODUCTS) AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”
WITHOUT ANY WARRANTIES OF ANY KIND.

Limitation of Liability

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS ARISING OUT
OF THE ALLEGED ACTIVE OR PASSIVE NEGLIGENCE OF THE AQUA PARTIES: (I) THE AQUA PARTIES,
OR ANY OF THEM, SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST
PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION RESULTING FROM YOUR USE
OR INABILITY TO USE THE WEBSITE, THE SERVICES OR THE CONTENT, THE PRODUCTS OR YOUR
PURCHASE OF PRODUCTS AVAILABLE THROUGH THE WEBSITE, EVEN IF THE AQUA PARTIES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU
MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, THE SERVICES, THE CONTENT, THE
PRODUCTS OR YOUR PURCHASE OF PRODUCTS AVAILABLE THROUGH THE WEBSITE SHALL BE
LIMITED TO THE MONIES YOU HAVE PAID TO US IN CONNECTION WITH THE SAME DURING THE THREE
(3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. SINCE SOME
STATES DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS
ON WARRANTIES MAY NOT APPLY TO YOU AND SUCH WARRANTIES SHALL BE AMENDED TO BE AS
BROAD AS POSSIBLE UNDER THE EXISTING LAW IN SUCH STATES.

Agreement to Arbitrate

In the event of a dispute arising under or relating to these Terms, the Website, the Services, the Products or the
Content, including any claim based on a federal or state statute (each, a “Dispute”), either party may elect to
finally and exclusively resolve the Dispute by binding arbitration. The arbitrator shall determine the rules of the
arbitration with express instructions to define rules that are most expeditious and cost-effective for the Parties.
If a mutually agreeable arbitrator cannot be determined by the Parties, each Party shall individually nominate an
arbitrator and both nominated arbitrators shall determine an adequate arbitrator. Any decision by the arbitrator
may be reduced to judgment in a competent jurisdiction. This section shall in no way limit the Parties’ right to
injunctive relief. THE PARTIES HERETO WAIVE A JURY TRIAL IN ANY DISPUTE OR LITIGATION WITH
RESPECT TO THIS AGREEMENT. The prevailing party in any Dispute may be awarded its reasonable attorney’s
fees and costs.

Exceptions to the Agreement to Arbitrate. Either party may bring a claim in a small claims court located in the
United States county where you live, if the claim is permitted by such court’s rules and is within such court’s
jurisdiction. Moreover, either party may bring a lawsuit in court solely for injunctive relief to: (i) stop the
unauthorized use or abuse of the Services; (ii) stop intellectual property infringement (for example, trademark,
trade secret, copyright, or patent rights), or (iii) protect proprietary interests. The parties agree that an actual or
threatened violation of intellectual property rights and confidential and proprietary information will cause
irreparable harm and that remedies at law would be inadequate to redress any actual or threatened violation
thereof.

Judicial Forum for Disputes. In the event that this Agreement to Arbitrate is found not to apply to you or your
claim, you and Aqua agree that any judicial proceeding (other than small claims actions) will be brought in a
federal or state court located in Boulder County, Colorado. Both you and Aqua consent to venue and personal
jurisdiction there.

Miscellaneous

These Terms are governed by the internal substantive laws of the State of Colorado, without respect to its conflict

of law provisions. You acknowledge that your access to the Website, the Services and/or the Content constitutes
a volitional action within the State of Colorado, and you expressly agree to submit to the exclusive personal
jurisdiction of the state and federal courts sitting in the State of Colorado.

The failure of Aqua to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such
right or provision.

In addition to any provision regarding termination and your license grant to Aqua for the User Generated Content,
the following provisions shall survive termination or expiration of these Terms: “Intellectual Property Rights,”
“Warranty Disclaimer,” “Limitation of Liability,” “Indemnification,” and “Miscellaneous.”

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but
may be assigned by Aqua without restriction. Any assignment or transfer by you shall be null and void.

These Terms shall inure to the benefit of and be binding upon each party’s successors and our permitted assigns.

You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any
government authority or agency which govern your use of the Website and the Services. Without limiting the
generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export
any of the Content to countries or persons prohibited under the export control laws of the United States. All rights
not expressly granted herein are reserved by Aqua and its licensors.

Please review our other policies posted on the Website. These policies also govern your visit to the Website.

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be
deemed severable and shall not affect the validity and enforceability of any remaining condition.

Questions regarding our Terms, or other related materials can be directed to our support staff by clicking on the
“Contact Us” link in the side menu. Or you can email us at: sales@aqua-imports.com.