Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Reef Effect Aquatics. The terms “we,” “us,” and “our” refer to Reef Effect Aquatics. Reef Effect Aquatics operates this store and website, including all related information, content, features, tools, products, livestock, and services in order to provide you, the customer, with a curated shopping experience (the “Services”).
Reef Effect Aquatics is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. They include important information regarding your legal rights, warranty disclaimers, limitations of liability, livestock purchases, shipping, and aquarium services.
By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you should not use the Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or jurisdiction of residence or have the legal authority necessary to enter into these Terms.
You may be required to provide information including your name, email address, telephone number, billing information, payment information, and shipping address.
You represent that all information you provide is accurate, current, and complete.
You are responsible for maintaining the security of your account credentials and for activity occurring through your account.
SECTION 2 — PRODUCTS, LIVESTOCK & WYSIWYG ITEMS
We make reasonable efforts to accurately represent the products and livestock offered through our store.
Colors and appearance may vary depending on photography, aquarium lighting, camera settings, display settings, water conditions, viewing angle, and other factors.
WYSIWYG Corals
Products identified as WYSIWYG (“What You See Is What You Get”) are intended to represent the specific coral or livestock specimen being offered unless otherwise clearly stated.
However, corals are living organisms. Their coloration, polyp extension, size, shape, appearance, and behavior may change because of shipping stress, lighting, water chemistry, acclimation, growth, handling, or other environmental conditions.
Photographs therefore should not be interpreted as a guarantee that a living specimen will maintain exactly the same coloration or appearance after delivery.
Fish & Invertebrates
Photographs of fish and invertebrates may be representative unless the listing specifically states that the pictured animal is the exact specimen being purchased.
Natural differences in coloration, markings, size, behavior, and appearance should be expected.
We reserve the right to discontinue products, change descriptions, limit quantities, or refuse the sale of livestock when we reasonably believe shipment or sale would create an unacceptable risk to animal health.
SECTION 3 — LIVESTOCK HEALTH & CUSTOMER RESPONSIBILITY
Aquarium livestock is inherently sensitive to environmental conditions.
Customers are responsible for maintaining an appropriate aquarium environment for the livestock purchased, including appropriate temperature, salinity, water chemistry, filtration, aquarium size, compatibility, acclimation, nutrition, and husbandry.
Information provided by Reef Effect Aquatics regarding livestock care is intended as general guidance and does not guarantee survival or compatibility in every aquarium.
Customers are responsible for researching livestock compatibility and care requirements before purchase.
Our responsibility for eligible livestock arriving alive is governed by our Return, Refund & Live Arrival Guarantee.
SECTION 4 — ORDERS
When you place an order, you are making an offer to purchase.
Reef Effect Aquatics reserves the right to accept, decline, modify, or cancel an order when reasonably necessary.
Payment must be received and processed before an order is accepted.
Please review your order carefully before submitting it because cancellation may not be possible after an order has entered fulfillment or livestock has been prepared for shipment.
Purchases are subject to our Return, Refund & Live Arrival Guarantee and Shipping Policy.
SECTION 5 — PRICES, BILLING & ERRORS
Prices, promotions, discounts, availability, and offers may change without notice.
Unless expressly stated otherwise, displayed prices do not include applicable taxes, shipping, handling, or other charges.
We reserve the right to correct typographical errors, pricing errors, inventory errors, product-description errors, and other inaccuracies.
If a product or livestock item is accidentally listed at an incorrect price or with materially incorrect information, Reef Effect Aquatics reserves the right to cancel the affected order and issue an appropriate refund.
You agree to provide current, complete, and accurate billing and payment information.
SECTION 6 — SHIPPING & DELIVERY
Shipping methods depend on the products or livestock purchased.
Corals are generally shipped using 2-day delivery.
Fish and invertebrates are generally shipped using overnight delivery.
Mixed livestock orders containing fish or invertebrates will generally ship using overnight service.
Reef Effect Aquatics may delay or modify a shipment because of weather, temperature, carrier disruptions, livestock health, holidays, or other conditions that could reasonably jeopardize animal health.
Delivery dates and times provided by carriers are estimates and may be affected by circumstances outside our control.
Nothing in this section eliminates or limits an otherwise valid claim under the Reef Effect Aquatics Live Arrival Guarantee.
Customers should review our Shipping Policy and Return, Refund & Live Arrival Guarantee for complete requirements.
SECTION 7 — LIVE ARRIVAL GUARANTEE
Eligible livestock is protected by our Live Arrival Guarantee subject to the conditions stated in our Return, Refund & Live Arrival Guarantee.
DOA claims must generally be submitted within 2 hours of the carrier's recorded delivery time and include the required photographs or other documentation.
Approved DOA claims receive store credit equal to the purchase price of the affected eligible livestock.
Shipping charges are not included in DOA store credit.
The complete Live Arrival Guarantee terms contained in our Return and Refund Policy are incorporated into these Terms by reference.
SECTION 8 — AQUARIUM MAINTENANCE & SERVICES
Reef Effect Aquatics may provide aquarium maintenance, installation, troubleshooting, water testing, equipment servicing, consultation, and related services.
Quotes and service requests submitted through our website are requests for service and do not create a binding service agreement until accepted by Reef Effect Aquatics.
Pricing may depend on aquarium size, location, equipment, livestock, condition, frequency of service, required materials, and the scope of work.
Customers are responsible for accurately disclosing known aquarium problems, equipment issues, livestock concerns, property-access requirements, and other information reasonably relevant to the requested service.
Aquariums are complex biological systems. Reef Effect Aquatics cannot guarantee that maintenance, treatment, equipment changes, recommendations, or other services will prevent every equipment failure, livestock illness, livestock death, algae issue, water-quality issue, leak, or other aquarium-related problem.
Any specific recurring maintenance agreement, installation proposal, or other written service agreement may contain additional terms. If those terms conflict with these general Terms regarding that service, the specific written agreement will control.
SECTION 9 — RETURNS & REFUNDS
Returns, refunds, livestock claims, and store credits are governed by our Return, Refund & Live Arrival Guarantee.
Live fish, invertebrates, corals, and WYSIWYG livestock are generally final sale once shipped except for eligible claims under our Live Arrival Guarantee.
Eligible dry goods may be returned subject to the requirements stated in our Return and Refund Policy, including the applicable 15% restocking fee.
SECTION 10 — INTELLECTUAL PROPERTY
The Reef Effect Aquatics website and its original content, including our branding, logos, graphics, photographs, videos, written content, designs, product names, and other materials, are owned by Reef Effect Aquatics or used with permission and are protected by applicable intellectual-property laws.
You may use the Services for personal, non-commercial purposes only.
You may not reproduce, distribute, modify, republish, sell, commercially exploit, or otherwise use our protected content without prior written permission.
The Reef Effect Aquatics name, logo, designs, and associated branding may not be used without authorization.
SECTION 11 — OPTIONAL TOOLS
We may provide access to tools or functionality offered by third parties.
Such tools may be provided “as is” and “as available.”
Your use of third-party tools is at your own discretion and may also be governed by the third party's terms and policies.
SECTION 12 — THIRD-PARTY LINKS
The Services may contain links to third-party websites.
We are not responsible for the accuracy, content, products, services, policies, or practices of third-party websites.
Customers should review applicable third-party terms and policies before completing transactions with those parties.
SECTION 13 — RELATIONSHIP WITH SHOPIFY
Reef Effect Aquatics is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make in our store are made directly with Reef Effect Aquatics.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Reef Effect Aquatics, including any injury, damage, or loss resulting from purchased products and services.
You hereby expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with Reef Effect Aquatics.
SECTION 14 — PRIVACY
Personal information collected through the Services is handled according to our Privacy Policy.
Because our store is hosted by Shopify, Shopify may collect and process information relating to your access and use of the Services in order to provide its ecommerce platform and related functionality.
Please review our Privacy Policy for additional information.
SECTION 15 — FEEDBACK, REVIEWS & SUBMISSIONS
If you submit reviews, photographs, feedback, suggestions, ideas, or other content to Reef Effect Aquatics, you represent that you have the right to provide that material.
You grant Reef Effect Aquatics a non-exclusive, worldwide, royalty-free right to use, reproduce, display, and share such material for legitimate business, promotional, and marketing purposes unless prohibited by applicable law.
You may not submit unlawful, defamatory, infringing, fraudulent, obscene, malicious, or intentionally misleading material.
SECTION 16 — ERRORS, INACCURACIES & OMISSIONS
Information on our Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, livestock information, pricing, promotions, shipping charges, transit times, availability, or other matters.
We reserve the right to correct errors, update information, or cancel affected orders when necessary.
SECTION 17 — PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services to violate applicable laws, infringe intellectual-property rights, transmit malicious software, engage in fraud, harass others, collect information unlawfully, interfere with website security, or otherwise misuse the Services.
We reserve the right to restrict or terminate access when we reasonably determine that these Terms have been violated.
SECTION 18 — TERMINATION
We may terminate or restrict access to the Services when permitted by law, including when these Terms are materially violated.
Obligations and liabilities incurred before termination will survive termination where appropriate.
SECTION 19 — DISCLAIMER OF WARRANTIES
Except for warranties or guarantees expressly provided by Reef Effect Aquatics, including our applicable Live Arrival Guarantee, the Services and products are provided to the fullest extent permitted by law on an “as is” and “as available” basis.
We do not guarantee that the Services will always be uninterrupted, secure, or error-free.
Nothing in these Terms excludes rights or warranties that cannot legally be excluded under applicable law.
SECTION 20 — LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Reef Effect Aquatics and its owners, employees, contractors, agents, service providers, and affiliates will not be liable for indirect, incidental, special, punitive, or consequential damages arising from use of the Services or products purchased through the Services.
Nothing in these Terms limits liability that cannot legally be limited or excluded.
SECTION 21 — INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless Reef Effect Aquatics, Shopify, and our respective affiliates, owners, officers, employees, contractors, agents, licensors, and service providers from third-party claims arising from your material violation of these Terms, violation of applicable law, or infringement of another party's rights.
SECTION 22 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law and severed where necessary without affecting the remaining provisions.
SECTION 23 — WAIVER & ENTIRE AGREEMENT
Failure to enforce a provision of these Terms does not constitute a waiver of that provision.
These Terms, together with policies and other terms incorporated by reference, constitute the agreement governing your use of the Services.
SECTION 24 — ASSIGNMENT
You may not transfer your rights or obligations under these Terms without our prior written consent.
Reef Effect Aquatics may assign its rights and obligations as permitted by applicable law.
SECTION 25 — GOVERNING LAW
These Terms and transactions with Reef Effect Aquatics will be governed by applicable federal law and the laws of the State of Colorado, without regard to conflict-of-law principles.
To the extent permitted by applicable law, disputes relating to these Terms or the Services will be subject to the jurisdiction of appropriate courts located in Colorado.
SECTION 26 — CHANGES TO THESE TERMS
We reserve the right to update these Terms from time to time.
The current version will be posted on our website. Material changes will be handled as required by applicable law.
Continued use of the Services after an updated version becomes effective constitutes acceptance of the updated Terms to the extent permitted by law.
SECTION 27 — CONTACT INFORMATION
Questions regarding these Terms of Service may be directed to:
Reef Effect Aquatics
12767 Horton Ct
Parker, CO 80134
United States
By Appointment Only
Email: reefeffectltd@gmail.com