Welcome to Aquafish Depot! These Terms of Use (the “Terms”) govern your access to and use of our website, located at https://aquafishdepot.com/ (the “Website”), and all services provided by Aquafish Depot. By accessing or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you are prohibited from using or accessing this site.

1. General Website Use and User Conduct

The Website and its content are provided for your personal and non-commercial use. You agree to use the Website in a manner consistent with all applicable local, state, national, and international laws and regulations. You shall not use the Website for any unlawful purpose or in any way that could damage, disable, or impair the Website or interfere with any other party’s use and enjoyment of the Website. Prohibited activities include, but are not limited to, the following:

  • Attempting to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website.
  • Interfering with the proper working of the Website or any transaction being conducted on the Website.
  • Uploading or transmitting viruses, malware, or any other type of malicious code.
  • Collecting or harvesting any personally identifiable information from the Website without our consent.

2. Products and Services

Aquafish Depot is a licensed breeder based in the United States and sells a wide range of aquatic animals, including freshwater fish and saltwater fish, as well as fish food and food medication. All products and services are subject to availability. We reserve the right to discontinue any product or service at any time without notice.

Live Aquatic Animals:

Due to the live nature of our primary products, all purchases of aquatic animals are subject to our Live Arrival Guarantee (LAG), which is detailed on a separate page. By purchasing live animals, you acknowledge and agree to abide by the terms of the LAG, including the requirements for filing a claim in the event of a DOA (Dead on Arrival). You also acknowledge that the long-term health and survival of the animals after their live arrival are your responsibility, as the hobbyist.

Product Descriptions:

We make every effort to display the colors and descriptions of our products as accurately as possible. However, we do not guarantee that your device’s display of any color will be accurate. All sizes and dimensions provided are approximate.

3. Pricing and Payment

All prices on our Website are listed in U.S. Dollars (USD) unless otherwise specified. We reserve the right to change our prices at any time without prior notice.

We accept various forms of payment, which are specified at the time of checkout. By providing your payment information, you represent and warrant that the information is accurate, you are authorized to use the payment method, and you authorize us to charge your payment method for the full amount of your order.

All orders are subject to acceptance by Aquafish Depot. We reserve the right to refuse or cancel any order at our sole discretion, including for reasons such as product unavailability, errors in pricing or product information, or suspected fraud. If we cancel your order after you have been charged, we will issue a credit to your payment method in the amount of the charge.

4. Shipping and Delivery

Aquafish Depot ships products across the United States and worldwide. We use reputable carriers to ensure the safe and timely delivery of our products. All shipping policies, including costs, methods, and delivery schedules, are outlined on our dedicated Shipping page.

Live Animals:

Shipping live animals requires special care. To ensure the health of our livestock, we ship live animal orders only on specific days of the week and use specialized packaging. You are responsible for providing an accurate shipping address and being available to receive the package on the first delivery attempt. Failure to do so may void our Live Arrival Guarantee.

5. Cancellations, Returns, and Refunds

Order Cancellation:

You may request to cancel an order by contacting us at sales@aquafishdepot.com. However, we cannot guarantee that an order can be canceled once it has been processed and prepared for shipping. If your order has already shipped, you will not be able to cancel it.

Non-Live Products (Fish Food & Medication):

All sales of non-live products are final. We do not accept returns or offer refunds on these items unless the product is damaged or defective upon arrival. In such a case, you must contact us within 48 hours of delivery with photographic evidence of the damage.

Live Aquatic Animals:

Due to the sensitive nature of live animals, all sales are final and cannot be returned. Our only policy regarding losses is our Live Arrival Guarantee. Claims must be filed within the specified timeframe and according to the procedures outlined in our LAG policy. We do not offer cash refunds for losses, only store credit. Shipping fees are non-refundable.

6. Intellectual Property

The entire content of the Website, including but not limited to text, graphics, logos, images, and software, is the property of Aquafish Depot or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any part of the Website without our express written consent. The name Aquafish Depot and our logos are trademarks and may not be used without our prior written permission.

7. Limitation of Liability

To the fullest extent permitted by law, Aquafish Depot shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use or inability to use the Website or any products purchased through the Website. This includes, but is not limited to, damages for loss of profits, data, or other intangible losses, even if we have been advised of the possibility of such damages.

We make no representations or warranties of any kind, whether express or implied, regarding the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.

8. Indemnification

You agree to indemnify, defend, and hold harmless Aquafish Depot, its owners, employees, and agents from and against any and all claims, damages, costs, and expenses (including legal fees) arising from or related to your use of the Website or your breach of these Terms.

9. Governing Law

These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the United States and the State of [State of Business Operations, e.g., California] without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in [City, State of Business Operations] to resolve any legal matter arising from these Terms.

10. Changes to the Terms

Aquafish Depot reserves the right to modify these Terms at any time. When we do, we will update the “last updated” date at the bottom of this page. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for any changes.

Last updated: August 6, 2023

11. Contact Us

If you have any questions or concerns about these Terms of Use, please do not hesitate to contact our support team at sales@aquafishdepot.com.