Terms of service
Online Coral Sales: Terms of Service
1. Acceptance of Terms
By accessing this website and placing an order, you agree to be bound by these Terms of Service. You must be at least the 18 to use this site.
By accessing this website and placing an order, you agree to be bound by these Terms of Service. You must be at least the 18 to use this site.
2. Livestock & Product Representation
- What You See Is What You Get (WYSIWYG): For items marked WYSIWYG, we provide photos of the exact specimen you will receive. For non-WYSIWYG items, photos are representative of the species and size. Ask questions prior to making a purchase.
- Color Variance: We strive for accuracy, but actual colors may vary depending on your monitor settings, lighting spectrum (PAR/Kelvin), and tank conditions.
3. Limitation of Liability
- Existing Livestock: We are not responsible for the health or survival of your existing fish or corals after introducing our products.
- Advice & Husbandry: Any guidance provided on this site or via customer service is for informational purposes only. We are not liable for losses resulting from improper acclimation, dipping, quarantine, or tank maintenance.
4. Shipping & Risk of Loss
- Transfer of Risk: Risk of loss passes to you once the package is delivered to the shipping address provided.
- Carrier Performance: We are not liable for delays or damages caused by shipping carriers (e.g., FedEx, UPS) unless you have purchased optional shipping insurance if offered.
- First Delivery Attempt: You must be present to receive the package on the first delivery attempt. Failure to do so voids all live arrival guarantees.
5. Order Fulfillment & Cancellations
- Right to Refuse: We reserve the right to refuse service or cancel orders for any reason, including suspected fraud, pricing errors, or inability to ship due to extreme weather.
- Restocking Fees: Orders cancelled before shipping may be subject to a restocking fee (30%) to cover merchant processing fees and reacclimating processes.
6. Legal Compliance
- Local Laws: It is the customer’s responsibility to ensure that any purchased livestock is legal to own in their state or locality.
- Privacy: Your personal data is handled according to our Privacy Policy.
7. Dispute Resolution
Any disputes arising from your purchase shall be governed by the laws of New York State.
Any disputes arising from your purchase shall be governed by the laws of New York State.
ARBITRATION NOTICE
Dispute Resolution and Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
1. Agreement to Arbitrate
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
2. Class Action Waiver
You and Divine Coral agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor Divine Coral will seek to have any dispute heard as a class action, representative action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.
You and Divine Coral agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor Divine Coral will seek to have any dispute heard as a class action, representative action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.
3. Small Claims Court Exception
Notwithstanding the above, either party may choose to pursue a claim in small claims court in Tioga County, New York if the claim qualifies for such a court and remains in that court on an individual basis.
Notwithstanding the above, either party may choose to pursue a claim in small claims court in Tioga County, New York if the claim qualifies for such a court and remains in that court on an individual basis.
4. Location and Fees
The arbitration shall take place in Tioga County, New York. Each party shall be responsible for its own costs and attorney's fees, unless the arbitrator determines the claim was frivolous.
The arbitration shall take place in Tioga County, New York. Each party shall be responsible for its own costs and attorney's fees, unless the arbitrator determines the claim was frivolous.
5. Survival
This arbitration provision shall survive the termination of these Terms of Service or any transaction between you and Divine Coral.
This arbitration provision shall survive the termination of these Terms of Service or any transaction between you and Divine Coral.