Aquarium
Driftwood & Plants:
GENERAL Sales
Terms & Conditions and Ordering
Procedures
The following
"Terms" mandate the legalities of
purchasing from us and using this website.
The act of using our website, stipulates
that you, the user or purchaser (the
"customer"), agree to be bound
by the these Terms and all
applicable conditions set forth on our website.
As a customer, by your freedom of choice to
use this website, you establish your willingness
to enter into a contractual agreement with
the conditions set forth here and on other
pages of our website and therefore agree to
the
terms, conditions, disclaimers, privacy
policies and rules that apply to all
areas within.
By placing your order, you confirm that you have completely
read, agree, and understand the terms of our
ordering guidelines and warranty notice.
Agreeing to these terms voids any right to a
chargeback.
Therefore, by the mere act of using,
browsing and purchasing from this website
and us, the seller, you agree to the following:
We reserve the right to cancel any order at
any time for any reason. All sales are
FINAL!
Chargeback's
are absolutely not tolerated. If you have
an issue with an order we will certainly fix
it, we guarantee everything we sell so just
call us, and interact with us, don't react
to a problem that is so easily fixable. If
you email us and haven't gotten a reply, try
sending your email with a receipt so that
you are sure we are getting it. There is no
need for you to go to your credit card
company and refuse to pay your bill. This
ends up costing us, the "merchant" and you
the "consumer" more money in the long run.
Chargeback customers will be blacklisted
from our company for life.
We do not accept cancellations or changes in
orders. There are unrecoverable costs
related to all or any order we receive.
Due to the uniqueness or driftwood and rock
and it's lack of assumable intended purpose
or usefulness, the inherent nature of live
aquatic plants, their intended purpose, the
irreversible effects to their quality due to
abusive shipping and handling and customer
abuse, we do not offer refunds or exchanges.
Therefore, all orders are to be considered
"special orders" and are non-refundable or
returnable. This is to be considered a
"buyer beware" transaction, where the buyer
accepts all responsibilities for their wants
and needs prior to ordering. All
buyers can contact us prior to all sales
purchases with regard to any concerns they
may have to avoid possible problems. All
Sales are Final.
When you buy driftwood and rock from us, you do so
with the realization that all driftwood
and rock differs in size, shape, quality and
usefulness and that no two pieces are
identical. Therefore, it is impossible
for us to describe any one piece with
absolute accuracy. We make no claims
as to the nature or proposed usefulness of
our driftwood and rock for your purposes. As
driftwood and rock has no defined natural use and is
used for many different purposes. Our
driftwood and rock is simply just driftwood and
rock, your
purpose for buying it is unknown to us and
therefore, we accept no responsibility for
your intended purpose or use and offer no
refunds or exchanges.
As to the plants we sell, our responsibility
ends when they are shipped. We do
guarantee that before they are shipped, that
they are in good condition, acceptable to
everyone for their assumed intended purpose
of use in a freshwater aquarium. We do
guarantee that all plants are packaged
properly so that when they reach the buyer
they should maintain their good condition.
We cannot be held responsible for the
handling or abuse of various carriers,
mistakes in deliveries with regard to timing
and accuracy of their delivery. If the
mistake is attributed to us, because of
various reasons, for example wrong address,
wrong delivery method chosen, we then will
determine what measures are appropriate to
take to satisfy the customer's original
intentions. We will also refund the shipping
if we are directly responsible for a
shipping error such as sending the wrong
merchandise or where we find and agree it to
be applicable. Otherwise shipping charges
are non-refundable.
We make no express warranties, claims or guarantees
in regard to accuracy, completeness or
currency of information and cannot accept
responsibility for any errors or omissions
or any liability resulting from the use or
misuse of any such information. Further,
there is no claim made to the legality or
decency of material contained within
hyper-linked sites, all express and implied
warranties within these sites are
disclaimed, and all hyperlinks are to be
accessed at the user's own risk.
There is no tax charged except to residents
of Texas.
The prices shown on
this site are for Internet orders. Prices,
inventory and availability are subject to
change without notice. We reserve the right
to limit sales, including also the right to
refuse sales to re-sellers or to anyone for
any reason. We are not
responsible for typographical or
photographic errors on the site including
any that may or may not involve merchandise
pricing, quantity, or accurateness.
We do not have a Price Guarantee. We
are fully cognoscente of our competition and
would like to have the lowest possibly
prices at all times, however, that is
impossible. We do attempt to maintain
our prices, even with constant price
fluctuation, to be lowest possible and
certainly lower than our competition.
We offer no advise on this website that is
to be construed as the most accurate advise
obtainable and therefore, you must rely on
your own best judgment or the advise of
others that you feel comfortable depending
upon.
When
making a purchase from us, note that we do not
endorse or guarantee the products we
sell beyond the descriptions.
You agree to indemnify and hold www.aquariumport.com, its subsidiaries,
affiliates, officers, agents and other
partners and employees, harmless from any
loss, liability, claim or demand, including
reasonable attorney's fees, made by any
third party due to or arising out of your
use of the site, including also your use of
the site to provide a link to another site
or to upload content or other information to
the site.
You agree to indemnify and hold
www.aquariumport.com, its subsidiaries,
affiliates, officers, agents and other
partners and employees, harmless from any
loss, liability, claim or demand, including
reasonable attorney's fees, made by any
third party due to or arising out of your
use of the site, including also your use of
the site to provide a link to another site
or to upload content or other information to
the site.
Any and all issues after the sale will be
considered and we will do our best to
satisfy both the customer and ourselves to
the degree that no one loses money. If
there is unavoidable loss of money as a
result of any actions or transactions, and
the loss can be directly attributed to the
actions of the buyer or seller as the party
at fault, then the monetary or other loss
will be their responsibility. Our
intended purpose here in this business is to
make a profit. If the customer's
actions harm our purpose due to their
negligence, lack of knowledge or care of our
products, care in ordering or any other
reason, we retain the right to charge the
customer a fair amount of monies to redeem
our loses. The net effect or result of
any transaction can be influenced by the
mistakes of either party. Therefore,
the act of fairness in business, is to
consider and determine the party at fault.
It is assumed that all transactions regard
money and/or the loss or gain of it, and
therefore, is to be considered an accepted
risk of "both" parties involved.
Settlements are deemed to be negotiable and
our final decision will be guided by what we
judge as to be fair.
You are authorized to
view and to retain a copy of these pages of
this site for your own personal use while
visiting the site or shopping. You are not
allowed to duplicate, publish, modify or
otherwise distribute the material on this
site unless specifically authorized by us.
The content and software on this site is the
property of
www.aquariumport.com
and/or its suppliers and is protected by
U.S. and international copyright laws.
PRIVACY NOTICE
All personal information obtained is held in
strict confidence. Your profile, credit
info, email address, or anything for that
matter, will not be sold or released for any
reason to anyone.
All plant orders must total no less than
$30.00.
Box/Handling Fee
- A very common fee in this industry. All
live good orders are subject to a $5 box
fee.
A lot of work goes into packing an order,
this small fee helps us cover just a
fraction of the costs of labor and materials
incurred in putting your order together.
You must order more than one item
priced under a buck.
Substitutions
-
sometimes if needed we make substitutions,
only sometimes, and only with 'like' plants.
Deadlines
for placing live good orders are Monday
Night at 7 PM Arizona Time, for orders to be
shipped out the same week....usually every
Tuesday, Wednesday and Thursday. Plant ONLY
orders will ship on Thursday!
Shipping Services:
Our competitive shipping rates are based on
the actual weight of your package, not the
dollar amount of your order.
The charges are based on the carrier, the
service (Ground, Priority Overnight, etc...)
the box size, and the distance to your
address. This is why we charge you
separately for your "shipping costs" from
your actual "product" invoice because we do
not guess at what your shipping is going to
cost, we base it on the actual weight and
box size. You must generally be home to
sign for your package, or you can request a
"Waiver of Signature" so they leave your
package for you at the door. Email or call
us if you want either one of these options.
Shipping tips:
EXPORT INFO: Perishable Shipment's to
Canada, South America,
Europe, Asia, UK, etc., are shipped FEDEX
INTERNATIONAL ONLY....please add $38.00 for
a phyto-sanitary certificate fee for US
Customs inspection if you are ordering
PLANTS. Dry Goods, don't
need this service. Most countries will
require that YOU the customer need to obtain
a IMPORT PERMIT, which is
usually pretty easy to do and you will need
to obtain this from your local Agriculture
Government or Minister, but only if you are
ordering live plants. Canada does not
require an import permit, only the above
phyto-certificate is required for PLANT
orders only.
Tracking numbers - When your shipment goes
out, if we have your valid email address,
you WILL get an email from us indicating the
tracking number and the ETA (estimated Time
of Arrival). Those emails are sent on
Tuesday, Wednesday and Thursday nights at
5pm MST. If you don't get an email, your
order did not ship, or with all of the spam
blockers blocking junk email, you may want
to make sure that OUR emails aren't getting
deleted or are going into a spam folder.
Payment of Order: We accept Debit Cards,
American Express, Visa, MasterCard, and
Discover Cards! Please
know that we bill product separately from
shipping, so you will typically show 2
charges on your credit card statement from
us. 1 for product, 1 for shipping. WE
ALSO ACCEPT PAYPAL, however, you will need
to call, email, or fax request your total
amount due before submitting payment to our
PayPal email address
C.O.D.'s - We do NOT ship out COD orders.
Back-Orders - When you get your order from
us, look at the bottom of your invoice. It
may indicate: "You have a back order"
(B/O),
or
Your order was shipped in more than 1 box,
other box(es) may follow.
A B/O is done when items
are not available when your order was
packed. Please accept our apology, this is
non-intentional. This is just the nature of
the nursery industry. Those items
will be shipped to you when they become
available, but usually within a week or 2.
Box fees are always waived on B/O's.
B/O's are orders usually more
than $20 in merchandise and should be
available within 4 weeks or your B/O will be
cancelled. You may add items to your B/O.
You may also request your B/O items to stay
on our system past 4 weeks. If you wish to
cancel a B/O please call us.
Multiple Shipments -
When it
comes to shipping plants, we cannot
guarantee that we'll ship everything in 1
box. In fact, had we waited to ship your
whole order in one box, perhaps some items
from the first week would now not be
available, you may incur multiple shipping
charges. Your order may also need to be in
several boxes. We are in the shipping
business and we'll try to get everything in
1 box when possible. Had we been in a
business that "manufactured" plastic plants
and fish and we didn't ship it all in 1
shipment, you'd have every right to be mad
at us for not shipping it all in 1 box, but
we sometimes have to wait for things to be
ready to ship, resulting in multiple
shipments. It is important for our
customers to understand and accept the
reality of this.
Waiting Lists - Is there an item on our
list that is constantly saying unavailable?
Call us or email us and get yourself put on
a waiting list. We do it all the time!
Hey, if we only have 5 or 10 of something
available, we're not putting it on the net
to get 100 orders for it! So, try this next
time you see a "NO" next to that item you've
been waiting for. Also let us know your
special requests. We are an importer as
well, we bring in many plants from overseas,
so ask us to fill your special requests!
All pre-sales inquiries for individual purchases
should be directed to:
ussales@aquariumport.com
All international & domestic wholesale
inquiries,
should be directed to:
wholesale@aquariumport.com |