1. SCOPE OF AGREEMENT

These Terms & Conditions apply to the sale, reservation, supply, import, export, delivery and collection of live ornamental aquatic livestock (“Livestock”) by the Company to the purchaser (“the Customer”).

By purchasing from the Company, the Customer agrees to be legally bound by these Terms.

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2. NATURE OF GOODS — LIVE ORNAMENTAL LIVESTOCK

Livestock are living animals and are therefore:

• perishable goods
• biological specimens subject to stress
• sensitive to water chemistry, handling, diet, aggression & environment

The Company provides no warranty of post-delivery survival, fitness, longevity, breeding performance, colouration, growth rate or compatibility.

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3. SALES ARE FINAL — NO COOLING-OFF RIGHTS

Under UK consumer law, live animals are exempt from the 14-day cooling-off period afforded by Distance Selling Regulations and Consumer Contracts Regulations.
Therefore:

> Sales of Livestock are final and non-refundable.

No returns will be accepted once Livestock has left Company custody.

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4. RESERVATIONS & DEPOSITS

Deposits are non-refundable unless the Company cannot fulfil the order.

Failure to complete the purchase or accept delivery forfeits the deposit.

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5. LIVESTOCK REPRESENTATION

Livestock may vary from photographs due to natural variation in:

• colouration
• pattern
• size
• sex (where unknown or unsexed)
• morphology
• growth stage
• behaviour
• seasonal variation

The Customer acknowledges that such variation is not grounds for refund, replacement or dispute.

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6. COLLECTION & OWNERSHIP TRANSFER

Ownership and legal responsibility transfer to the Customer when:

• Livestock is collected in person, or • Livestock is handed to the courier for delivery

From this point onwards, the Customer assumes all risk.

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7. DELIVERY & COURIER TERMS

Livestock are shipped via DX Live Animals Courier or other approved carriers.

Delivery window typically 3 days – 2 weeks depending on scheduling, weather & availability.

The Customer receives an SMS notification the day before dispatch.

The Customer must ensure someone is present to receive the shipment.
Courier delays resulting from absence void any live arrival claims.

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8. LIVE ARRIVAL GUARANTEE (DOA POLICY)

The Company offers a Live Arrival Guarantee provided that:

1. The Customer films an uninterrupted unboxing video showing sealed bags and contents, and

2. Reports any issues within 1 hour of delivery.

If Livestock arrives deceased (“DOA”), the Company will provide a replacement of the same or similar species at the Company’s expense.

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9. GUARANTEE TERMINATION

The Live Arrival Guarantee terminates immediately if:

• the Livestock is introduced into the Customer’s aquarium, pond or holding system
• the unboxing video is not provided
• the issue is reported after 1 hour
• someone is not present to receive the delivery
• the box is left unopened or unattended
• the acclimation is not performed appropriately

After termination of the guarantee, no refunds, credits or replacements will be issued.

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10. POST-DELIVERY LIABILITY

Once Livestock has been placed into the Customer’s aquarium, the Company has no liability for mortality, injury or health-related issues arising from:

• water quality parameters including pH, KH, GH, ammonia, nitrite, nitrate or TDS
• temperature instability or shock
• aggression or predation by tank mates
• filtration failure or lack of oxygenation
• improper acclimation methods
• inappropriate tank size or unsuitable environment
• incorrect diet or feeding
• inadequate quarantine procedures
• disease pathogens present in the Customer’s system
• medication or treatment administered by the Customer
• electrical outages or equipment failure
• natural stress responses of Livestock

These factors are wholly outside the Company’s control.

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11. EXPERTISE & SUITABILITY

The Customer confirms they have sufficient knowledge and facilities to house Livestock safely and legally, including:

• appropriate tank capacity
• adequate filtration & oxygenation
• compatible tank mates
• stable water chemistry
• required temperatures
• species-specific care

The Company is not responsible for verifying system suitability.

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12. CITES, IMPORT & EXPORT

Protected species (e.g., Asian Arowana) may require documentation under CITES or equivalent.
Where provided, documentation transfers with Livestock.

Delays caused by border control, customs or documentation are not grounds for cancellation or refund.

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13. CHARGEBACK & PAYMENT DISPUTE WAIVER

The Customer agrees not to initiate chargebacks or payment disputes for reasons including but not limited to:

• natural variation in Livestock
• post-delivery mortality
• compatibility issues
• aggression
• colour differences
• growth rates
• failure to thrive
• system instability
• disease within Customer’s system

Chargebacks will be defended as fraudulent misuse of consumer protection mechanisms under UK law.

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14. LIMITATION OF LIABILITY

To the maximum extent permitted under English law, the Company shall not be liable for:

• direct, indirect, incidental or consequential losses
• veterinary expenses
• replacement of Customer’s existing stock
• losses of income, breeding potential or resale value
• contamination events or biosecurity failures

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15. FORCE MAJEURE

The Company shall not be liable for delays caused by:

• courier disruption
• extreme weather
• customs intervention
• export restrictions
• pandemic or disease control
• utility failure
• government regulation
• acts outside reasonable control

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16. GOVERNING LAW & DISPUTES

This Agreement is governed by the laws of England and Wales.
Any disputes shall be resolved under the exclusive jurisdiction of English courts.

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17. ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties and supersede all prior communications.