PURCHASE TERMS AND CONDITIONS:
 

WEBSITE OFFERING AND BINDING OF TERMS:
These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors Live Fish, Live small animals, pet food, Pet supplies and live plants. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

 WHO CAN USE THIS WEBSITE:
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. Smart Fish Aquarium, its staffing or owners are not responsible for any legal actions that the authority may take against you for violating their law or regulations. 

TERMS OFFERED:
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it. Should you have any questions or concerns that an answer is not found on the listing, contact us prior to purchase: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. (iii) fish sizes advertised are approximate only. Allow up to an inch smaller or larger than advertised size. 

The prices we charge for using our services / for our products are listed on the website. Prices on our other marketplaces, on-site facility, or over the phone is different. We will not honor prices from other platforms to another. For example; We will not honor a Sale deal on our official website for you when making an order over the phone or purchasing at our facility. You must go to our official website to order to get that deal. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. We reserve the right to cancel orders that we realized an error on pricing, description, detail or other advertising. Additional information about pricing and sales tax is available on the payments page.

RETENTION OF RIGHT:
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason. We may cancel items or an entire order and update the item(s) in our store or alter the prices after cancelling your item(s) or order at any time with or without any reason. 

IMPORT:
Buyer is responsible to check with local authorities and make sure it is legal to import / keep the live animals sold by Smart Fish Aquarium prior to purchasing. Some states or counties require different permits / licenses prior for us to ship to those states. It is the buyer's responsibility to obtain any of these before purchase. Smart Fish Aquarium will ship Live animals nationwide, or internationally. Smart Fish Aquarium or any person or assets that relates to Smart Fish Aquarium  should not be held liable for any outcome due to buyer's lack of homework. 

WARRANTIES:
Smart Fish Aquarium is not a manufacturer. Some products sold on Smart Fish Aquarium does not come with Manufacturer warranty. Please contact the manufacturer for warranty details. Some items sold on or by Smart Fish Aquarium is sold as is because we might not be a Dealer for the manufacturer. Some manufacturer does not provide warranty for products not sold by their dealers.  We do not provide warranty services. 

LIVE ARRIVAL GUARANTEE & DOA:
***All Live bait or feeders are not guaranteed for live arrival.

***All Live animal BOGO or ON SALE items are NOT guaranteed for Live Arrival. 
***All Live orders (including plants) are not guaranteed if shipping to Any US territories or Islands, For example; Hawaii, Alaska, Guam, & Puerto Rico. That is---If customer pays for any shipping service that is not an overnight service. All overnight orders are covered and guaranteed unless, otherwise noted. 
***Live Fish, Plant and Live small animals: Live arrival guaranteed. We guarantee that you will receive healthy & Living fish/plant/animal at the time of opening your box. We will allow up to 2 hours for you to gather evidence and report to us. 1 hour for any small animals or reptiles. Should a DOA occur, please send 3 clear photo of DOA to us. If fishes, at least 1 clear photo of Dead fish tail chopped off. If the fish is visibly dead, such as white cloudy eyes, rotting away, or pale color is not required for tail chopped off. If Plants, then at least one photo of the bulb chopped in half, if apply. If the Plant or bulb shows signifigant signs of DOA, then a chopping is not required.
***Merchandise: Including all dried or frozen foods, send 3 photo showing all visible damages. IMPORTANT EXCLUSION OF GUARNTEE FOR FROZEN FOODS: Simple melting or defrosting is expected. There might be smelly liquid that collect at the bottom due to melting and defrosting during shipping. This is NOT covered by this policy. 

DISPLAY PHOTOS: 
Photos used on our website(s) should be used as reference only. Most of our fishes are shipped randomly at seller's choice. Unless color, size or color pattern is stated in the listing, expect that the color, size, shape and color patterns may be different then what you see. We are not going to refund for something that you received that you did not expect. Buyer must do research to know the item being offered more before purchase. Buyer can call our customer service team at anytime during open operating hours to place a custom order to meet the buyer's expectations better. Such as colors and sizes. A special request fee may be collected. 

REFUND/REPLACEMENTS/RETURNS:
We have a NO CASH REFUND POLICY. In rare events, if a replacement is not an option for you at all, we can issue a store credit. 
In rare events if you received something alive such as fish/animal you did not authorize, we ask that you not return it, but ask that you keep them. Unless/otherwise requested by one of our staff for a return. It is going to cause even more stress to the living animal to be returned. You can keep, give away or donate it to someone who wants it. We will replace the correct item or sub with an identical or similar item if we run out of stock at the time of replacement, by your consent of approval for subbing or we can issue a refund due to our mistake. 
If your claim for your DOA is accepted, we will;
***Live Fish/Plant/Animal: Replace the fish/plant/animal with a healthy one. Should we run out of stock at the time of filling your replacement, we reserve the right to sub using something similar at the value equal to or less to what you originally purchased at your consent. 
We do not offer refunds on Fishes, or animals. 
***MERCHANDISE: We will refund or replace the item. Buyer pays for return shipping. 
***SHIPPING BOX & SHIPPING: All live fish or animal shipping boxes are not refundable. Original, return, or replacement shipping are not refundable.

SHIPPING: 
We charge a shipping box fee for all live animal and live fish. This box is required for all transactions that contain any Live Fish or Animals. Each has its own fee. It helps us cover any transaction fees or shipping supplies. These fees are flat rate. Therefore, you cannot be refunded for the difference on the supplies we use. The same applies, that we cannot charge the buyer extra for extra supplies we used, unless otherwise our Bulk Order rule applies (see below).
Understand, that customers closer to our facilities who paid UPS 2nd Day Air, We might go with UPS Ground or USPS Priority Mail at the time of shipping. It might be easier for us, and less stressful for the fishes as ground sometimes is faster than UPS 2nd Day Air or that we see fit to use additional supplies and apply the leftover money to cover the extra expenses to ship the fish. We keep records if locations and sometimes cheaper methods arrive safer than faster methods. This also apply to all other orders including merchandise. Buyer will not be entitled for the shipping cost difference that we used as all shipping paid is Flat Rate. Buyer is responsible for all shipping expenses. This includes original shipping, or any replacement or return shipping expenses. All US Territories or US Islands have their own unique shipping rates and cannot use our standard UPS Flat Rates (UPS 2nd Day Air & UPS overnight). Excluding our USPS Priority Mail Flat Rates. SFA may contact the buyer after an order has been placed for additional shipping expenses for orders going to a US Territory or island. Flat Rate shipping Box fee and All Flat Rate Shipping does not apply to bulk orders. Anything 50 fishes or more is considered Bulk Order. SFA may hold the order on delay until negotiation is made on the final shipping fees and additional shipping box fees. 
FREE SHIPPING:
All eligible orders over $199.99 is eligible for a free shipping. This means, Smart Fish Aquarium will refund your shipping charges in full and ship everything to you for free. This offer is not an automatic feature. Therefore, the buyer is responsible to contact us directly within 24 hours of original order paid. To be eligible, your order must meet the following two rules; (1.) Your order must be at or over $199.99 before taxes, shipping box fee or any other fees or charges that may apply including Special Request Fees. (2.) Your ship to state must be California, or one of these states; Washington, Oregon, Neveda, Utah, Arizona.

Your order is not eligible for this offer if; (1.) Your order is a bulk order. (2.) Your order is a wholesale order. (3.) Your order had a discount of any kind over 10% off or over $15 discount applied.  (4.) You already used a Free shipping coupon. 

QUARANTINE: 
We obtain fishes from all over the world and from various breeders weekly. Therefore, our fishes are easily prone to disease or parasites. We do our very best to do a 3-14 day quarantine for all new arrivals to prevent infections to our inventory. It is your responsibility to quarantine your new fishes/plants/animals in a separate container for at least 14 days prior to introducing into your intended forever home habitat enclosure. We are not responsible for any outbreak that may occur to your enclosure, current stock, property, or that if it spreads out. 

Free Shipping:

Free shipping on all orders totaling $199.99 before taxes and shipping. As of 8/1/2021 SFA has stopped a default free shipping, automatically calculated at checkout. Most orders will still qualify for Free shipping. Please contact Customer Service by Email or Phone to see if your order is eligible for a shipping refund. Customer must contact SFA regarding eligibility of shipping refund within 3 business days of purchase date. 
HOW DO WE DETERMINE IF YOUR ORDER IS ELIGIBLE FOR FREE SHIPPING? Order that require too many shipping boxes or that when shipping becomes too expensive, Your order will not qualify for free shipping. 

REPLACEMENT FINALIZE:
Should a replacement for any Live plant, fish or animal be issued, the replacement will finalize the transaction or order as is and does not come with live arrival guarantee. That means, the replacement will be final. The entire sale will be as is, regardless of live delivery or DOA on the replacement shipment. Buyer choose to pay for shipping speeds at different prices. If a case is decided that We will take shipping responsibility, (also known as free shipping) All replacements will be subject to SFA choice of shipping method/service. For example, if you originally paid for Overnight Shipping, this policy authorizes SFA to use a slower service such as UPS 2nd Day or USPS Priority Mail Services. Expect that packing methods might change drastically from original packaging, if we find it suitable to aid the new package for a better survival chance. This policy is set here to protect us. By default, most orders will reship using the same service as customer originally paid for in the first shipment. 
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BULK PURCHSE LIVE ARRIVAL POLICY:
Due to the extreme low price risk SMART FISH AQUARIUM is willing to make to keep bulk buyers happy,  SMART FISH AQUARIUM will not cover the entire order, unless/otherwise shipped via Overnight. All bulk orders greater than 44 Fish in total Combined, we will cover 50% of the bulk purchase only. For example, if you purchase 100 Fish, only 44 Fish will be covered under the SMART FISH AQUARIUM'S LIVE ARRIVAL GUARANTEE POLICY. Unless, otherwise in a written and signed agreement between the buyer and an authorized SMART FISH AQUARIUM  Staff that all order is covered. ​

OUT OF STOCK & SHIPPING DELAYS: 
Expect that delays can occur anytime. We sell on various marketplace platforms and fulfill orders to many other sellers. Therefore, we can be wiped out of stock before we get to your order. Any purchase made on this website should be considered "PRE-ORDER" and we will fill orders accordingly to availability at time of packing orders in the order of what we received. This website does not work by "advertising what we have in stock" We will keep live fishes up as in stock even if we know certain fishes is going to or is currently out of stock. We do this, because we restock once or twice a week, and we normally get the same species back in stock within the next week. If a certain species is out of stock for more than 2 weeks, then we will cancel your order and mark those species as out of stock until we restock them. Sometimes we might hold your order longer than 20 days to see if we can restock the species you ordered when a supplier lets us know a certain timeframe of restock for those species you ordered. We reserve the right to ship what is available at the time of filling your order. If you place an order for multiple species of fishes and one or more of the species become unavailable, we can choose to ship what is available to ship and cancel to refund what we cannot fill. Buyer will not be reimbursed any shipping fee or any other value due to this. We can choose to ship some orders first, and then ship the remaining order at a later time, at our own decision and expense for shipping. 
You reserve the right to request to cancel an order that has not been fulfilled yet anytime for a full refund. Unless, otherwise--- if the species you ordered is being harvested specially for your order, then we might not be able to cancel your order as the harvest process has already begun. 

INDEMNIFICATION:
You agree to indemnify and hold the owner or Smart Fish Aquarium harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website. You also agree to waive your right to any class lawsuit. 

LIMITATION OF LIABILITY:
To the maximum extent permitted by applicable law, in no event shall the owner or Smart Fish Aquarium, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, The owner or Smart Fish Aquarium assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

RIGHT TO CHANGE AND MODIFY TERMS:
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. We reserve the right to modify any terms at anytime without notifying anyone. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

PROMOTIONAL EMAILS CONTENT:
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.