Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site. By purchasing from Fraggle Reef Inc you agree that this transaction is governed by the laws of the state of California. Should there be any need to pursue legal action by purchasing you also agree to venue and jurisdiction in Los Angeles California.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.
Live Arrival. Our live arrival policy is for up to 6 hours from delivery, if any claim is to be made, it MUST me made during that time, no exceptions. You MUST be present to physically sign for your package on the first delivery attempt, any packages that have not been physically signed for on the first delivery attempt will void the live arrival guarantee. If Fedex does not have your signature on file for the first delivery attempt this will void your live arrival guarantee. We will need photo verification received within 24 hours of receiving your order as long as we have been notified of any issues within 6 hours of the order being received. We may ask for the coral to be mailed back as well, which we will pay shipping for.
Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
Return Policy. Due to the nature of our online site, and the nature of the products listed, we Fraggle Reef Inc have a strict NO RETURN policy for any product. No product shall be able to be returned for a like item, or for a cash refund. There are no refunds or returns whatsoever for any doa/'s or corals. Accepted doa claims that fall within the terms of our live arrival policy will be given site credit only for doa/'s not caused due to Fedex damage or delays and WILL NOT include the shipping fee, but will include the full price of the coral if the claim is made according to the terms listed above.
Refund policy. Due to the nature of our products, we "Fraggle Reef Inc" have a strict NO REFUND policy for any and all livestock purchases. By purchasing from Fraggle Reef Inc you agree that any and all livestock is sold on an as is basis, and due to its fragile nature we cannot be held responsible for its welfare. Once again, there are NO REFUNDS when purchasing from Fraggle Reef, please read our Indemnification policy carefully. There are no refunds or returns whatsoever for any doa/'s or corals. Accepted doa claims that fall within the terms of our live arrival policy will be given site credit only for doa/'s not caused due to Fedex damage or delays and WILL NOT include the shipping fee, but will include the full price of the coral if the claim is made according to the terms listed above. For dry goods, there is no guarantee or refund, ANY AND ALL DRY GOODS INCLUDING PUMPS AND GLUE ARE SOLD ON AN AS IS BASIS. We make no guarantees, express or implied regarding the functionality of pumps, glue, and any other dry goods sold on our site. USE OF THESE PRODUCTS IS AT YOUR OWN RISK. ONCE AGAIN, ALL PUMPS AND GLUE ARE SOLD AS IS, USE OF THESE PRODUCTS IS AT YOUR OWN RISK. There are absolutely no refunds for pumps and glue since we cannot determine if they have been used or not, once again THERE ARE NO REFUNDS FOR PUMPS AND GLUE SINCE WE CAN NOT DETERMINE IF THEY HAVE BEEN USED OR NOT. We cannot stress this enough, once dry goods are unpacked, there will be no consideration for a refund, return or exchange. This is due to a select few ruining it for everyone else. If you would like the names, addresses, phone numbers and emails of these select few to personally thank them we will gladly provide them for you :D
Shipping Damage and Delays.We "Fraggle Reef Inc" are not responsible for weather delays or any shipping delays caused during shipping, Fedex will not reimburse in such instances, and unfortunately neither can we, please check the weather forecasts for your package/'s route prior to arranging your shipping date. We cannot stress this enough, please note that we will not be held responsible for doa/'s from shipping lapses due to weather delays or any shipping delays, as Fedex does not accept claims on those terms. Fedex does not cover any claims to damage or delays for livestock, so we must state again that we can not be held responsible for shipping delays or any shipping damage. That said, we ship very carefully, most of these boxes can be dropped down a flight of steps and not lose a drop.
Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney/'s fees, related to your violation of this Agreement or use of the Site.
Disclaimer. THE INFORMATION AND LIVESTOCK FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR PICTURES ARE ALL TAKEN UNDER T-5 LIGHTING. IF YOU DO NOT HAVE T-5 LIGHTING OR USE THE SAME BULBS YOUR LIVESTOCK MAY LOOK DIFFERENT, AND BY PURCHASING FROM FRAGGLE REEF YOU ARE AGREEING THAT YOU ARE AWARE OF COLOR DIFFERENCES IN LIVESTOCK WITH REGARD TO DIFFERENT LIGHTING. ALL LIVESTOCK IS SOLD AS IS, AND BY PURCHASING FROM FRAGGLE REEF YOU ARE FULLY AWARE THAT THE LIVESTOCK MAY LOOK DIFFERENTLY FROM PICTURED UPON PLACEMENT IN YOUR TANK. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. By ordering from Fraggle Reef Inc, you agree that you have read and will comply with any and all of the terms of stated herein as per your credit card issuer/'s agreement, and agree to fully compensate Fraggle Reef Inc for any legal action taken for debt collection for any debts owed to Fraggle Reef Inc, all sales are final. Again, purchasing from Fraggle Reef Inc you agree that this transaction is governed by the laws of the state of California. Should there be any need to pursue legal action by purchasing you also agree to venue and jurisdiction in Los Angeles, California.
