Terms & Conditions

  1. Definitions
    • “we”, “us”, “our” refers to Seven Fishes and/or its suppliers
    • “you”, “your” refers to the buyer, purchaser, customer or other such user of our site
    • “Seven Fishes”, “7 Fishes” refers to and includes all directors, staff, suppliers, contractors and any/all others connected to Seven Fishes.
    • “Courier”, “Postage”, “Shipping”, “delivery” or similar refers to any third party delivery company used to deliver your order
    • “Original Purchase Price” or similar refers to the price on the invoice issued at point of sale
    • “Terms”, “Conditions” or similar refers to this agreement and include the Privacy Policy
  2. General
    • The terms and conditions apply to users of Seven Fishes’ website or Facebook page/group. An order submitted by you is an offer by you to purchase the goods for the price as specified at the time you place an order.
    • By using the sites, you accept and agree to these terms and conditions. The terms and conditions are subject to change at any time without notice. Continued use of the sites is understood as your acceptance of any changes to the terms and conditions.
    • Customers are bound by the warranty conditions and obligations provided by the manufacturer for each individual product. Breaching warranty conditions and obligations voids any warranty cover provided by the manufacturer or Seven Fishes. We will not be liable for any fault, loss or damage occurring due to the customers failure to adhere to warranty conditions and obligations.
    • If any part of the Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable in any jurisdiction, then that provision shall be deemed to be severable from these Terms and conditions and shall not invalidate any of the remaining provisions of the Terms and Conditions or affect the enforceability or validity in any other jurisdiction.
    • Each provision of these Terms and Conditions shall be understood as separately applying and surviving even if for any reason one or the other is held to be inapplicable or unenforceable in any circumstance.
    • Statutory conditions and warranties do apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. Further information about your rights as a consumer is available at the ACCC website (accc.gov.au)
  3. Privacy Policy
    • The Privacy Policy forms part of the Terms & Conditions is subject to change without notice
    • We collect information when you register on our site, place an order, subscrible to our newsletter, respond to a survey, or fill out a form. When ordering or registering, as appropriate, you may be asked to enter your name, e-mail, mailing address, company information, date of birth, phone number, or credit card information
    • IP Addresses of all orders are logged and stored with your order information
    • We use your information we collect in one of the following ways:
      • Personalization of experience
      • Improving the website
      • Improve customer service
      • Process Transactions
      • Administer contests, promotions, surveys or other site features
      • Send Periodic emails
    • The email address provided for ordering processing may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
    • Your information, whether public or private will not be sold, exchanged, transferred, or given to any other company for any reason without your consent other than for the pure purpose of delivering purchased product or services requested.
    • We implement the use of a secure server to protect your private information and such information will not be stored on our servers.
    • By using our sites, you consent to our Terms & Conditions which include the Privacy Policy
  4. Warranties you make to Seven Fishes
    • You represent and warrant that Seven Fishes will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill, business opportunities, injury to your reputation) in contract, tort, statute or otherwise, howsoever caused including directly or indirectly from or in connection with these terms.
    • Subject to any rights you have under consumer protection law, Seven Fishes excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms. You are entitled to retain certain rights under consumer protection law that cannot be excluded.
    • Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
  5. Legal
    • The laws of the New South Wales territory, Australia, govern this agreement. Your transaction is deemed to have taken place in the New South Wales territory, Australia.
    • By placing an order with Seven Fishes you confirm that you are over the age of eighteen years.
    • By placing an order with the sites you are entering a binding contract to purchase the items. You confirm you have the authority to utilize the payment method used.
    • You agree to obtain consent to provide any third party information required for the supply of gift products and gift certificates ordered by you.
    • IP addresses are logged for all orders placed and may be used to verify a transaction with any financial institution involved or to pursue legal action if required due to fraud or other misrepresentations.
    • Any fees or charges incurred by us due to unpaid or fraudulently charged back invoices will be added to the principle debt. We reserve the right to utilize debt collection agencies or to pursue court action to recover monies owed of any amount.
    • Customers are prohibited from writing, publishing or other, any statement, announcement, blog or article without express permission from Seven Fishes.
  6. Website/Content/Copyright
    • All content included on the sites including, but not limited to, text images and logos is the property of Seven Fishes or its suppliers. The websites located at 7fishs.com, www.facebook.com/7fishs and www.facebook.com/groups/1983168481918136/ owned and operated by Seven Fishes are copyright protected by Australian and International copyright laws. Reproduction in any form of any part of this website is prohibited unless written consent is obtained from Seven Fishes.
    • Unauthorised use of the sites may give rise to a claim for damages and/or be a criminal offence.
    • All products purchased through us are sold via description only. Images on the sites are as accurate as possible, however in some situations exact product images are unavailable and substitutes are used. Use of best judgement is required, including reading product titles and descriptions, and contacting us prior to purchasing with any queries you may have.
    • Website content is kept as up to date as possible and can change at any time
    • We are not liable for any loss or damage caused by the use of the sires, including the failure of all or parts of them.
  7. Method of Payment
    • We accept payment via Paypal, Visa, MasterCard, Bank Transfer, ZipPay or cash.
    • Orders will not be shipped until payment has been received in full
    • Promotional offers, discounts codes and similar are available until the expiry date provided or until withdrawn. We reserve the right to withdraw any promotional offer or discount code at any time without notice.
    • All credit card transactions are secured using Secure Socket Layer (SSL) Encryption. All credit card information processed by a third party merchant, Shopify Payments, and therefore complies with their strict privacy and security policies.
  8. Refunds and/or Exchanges
    • Prior notice must be given to Seven Fishes for any return of equipment and/or dry goods. Live fish and plants are not returnable.
    • Change of mind returns
      • We reserve the right to refuse any change of mind return.
      • We will provide store credit or refund the change of mind return.
      • Returns sent “Cash on delivery” or similar will be refused
      • Live fish and plants sales are final. Change of mind returns are not applicable to these products
      • The item must be returned within 14 days from delivery and be in as new, unopened condition.
      • We do not exchange. For a replacement item, a new order must be placed.
      • No store credit or refunds will be given if you have changed your mind or made an incorrect choice on the following items: Powder Additives, Liquids, Light accessories, Mediations, Glass aquariums and terrariums, Bulk orders, Live fish, Live plants, Custom orders and special order items.
      • Delivery costs incurred are not refundable and all return costs are the responsibility of the customer.
    • Faulty Items/Warranty claims
      • We may require the items to be returned to us for assessment, all return costs are the responsibility of the customer.
      • For a warranty claim to be valid, the item must be free from damage from misuse, and have been correctly serviced and maintained. The item must include all original components and parts. We are not liable for any warranty claim where the warranty conditions for the item have not been met, where the item has been incorrectly used or used in a manner not intended.
      • Where the item is deemed to be damaged, misused or otherwise faulty due to lack of proper care and maintenance, it will be returned to you after any applicable postage, service fee and non-warranty parts costs have been paid by you.
      • A service charge may apply where the item is found to be in working order, where it is not covered under warranty or the fault is not warranty related such as serviceable parts or faulty due to damage, negligence or misuse.
      • Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or refund for a major failure and for compensation for any reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to major failture.
    • Death on Arrival (DOA)
      • In the event of DOAs of live fish, an image must be provided of the animal in an unopened bag for a refund or exchange.
      • Image must be provided within an hour of receiving the package. We reserve the right to obtain information from the couriers to verify delivery times.
      • Refunds will not be provided in the event the live animal has been left unattended for long periods of time after delivery.
      • Seven Fishes will not be responsible for any damage or loss incurred as a result of mishandling by the courier services such as loss of packages, excessive delays and damage to items.
      • Seven Fishes reserves the right to implement Authority to Leave remarks on parcels of live animals in accordance with the courier policices.
      • Refunds will not be provided in the event of fin nipping in transit. It is understood with a purchase that fin nipping is an occurrence that can result from shipping stress
      • Postage costs are not refundable in the event of DOAs
      • We reserve the right to refuse the DOA policy on certain live organisms with prior notification to the customer before purchase.
  1. Payment of Postage Costs
    • The customer is liable for all and any postage, handling, return, redirection and redelivery charges for any purchase, return or warranty claim including fees for uncollected or returned items.
    • Delivery costs are not refundable under any circumstance
    • Redelivery, redirection or return fees will be charges at cost price to the customer.
    • International customs, duties or other taxes payable by the receiver
  2. Damaged/Missing/Incorrect Items
    • In the event an order arrived damaged or with a missing or incorrect item, you must notify us within 1 business day of delivery
    • For damaged items, images of the item, internal and external packaging and barcodes are required within 1 business day
    • Transit insurance for dry goods and equipment is void 24 hours after delivery
    • We may require the damaged item to be returned to us. Items must be securely packaged and contain all original packaging and parts. Replacement or repair will not occure until the item has been returned to us.
    • Incorrect items must be in as new, unused condition suitable for resale
    • Claims are void if proof of damage is not provided following a claim, either by photographs or item return, within 14 business days of you notifying us of the damage.
    • We will only replace items damaged during transit for the same or a very similar item, such as a different colour of the same product. Exchanges, refunds or credits are not available for items damaged in transit.
    • No lability is accepted for loss of livestock and/or plants which may be caused due to delivery delays or damage to an aquarium, terrarium or other. It is the responsibility of the customer to ensure any livestock or plants ordered from a third party are done so after the housing as arrived in a condition suitable for use.
  3. Handling and Delivery Times
    • Unless agreed by Seven Fishes, we will deliver products to the delivery address provided and listed on the order confirmation between 9am-5pm on business days only.
    • It is your responsibility to ensure acceptance of all deliveries and provide signatures as proof of delivery when required. Any redelivery or refusal will incur additional charges.
    • Items sent may be left at the address provided when the courier deems it safe to do so. We accept no responsibility for items left unattended at the delivery address. Please provide an address where someone will be available to accept delivery if you do not wish for them to be left.
    • Please allow from 1-10 business days for standard delivery depending on courier. Remote, rural, bulk or special order items may take longer. Deliveries to WA & NT can take up to 3 weeks depending on size and location.
    • Express orders are sent via overnight delivery services, however if you are outside next day delivery network areas of the courier, it cannot be guaranteed. Express services cannot be guaranteed due to factors we have no control over such as courier transport mode delays and breakdowns.
    • We do not offer any form of international deliver nor do we support the use of freight forwarders. We will not complete or submit any declarations, custom forms or freight forwarder documents.
  4. Order Cancellations
    • All orders are final and cannot be amended or cancelled unless in exceptional circumstances.
    • Order cancellations will not be considered after the order has been packaged and or shipped
    • Custom orders, special order items, bulk orders cannot be cancelled under any circumstances
    • Any refund request made using ZipPay will incur a fee which is non-refundable charged by ZipPay to us.
  5. Use of Goods
    • All products purchased from Seven Fishes must be used only in the manner that they are intended to be used.
    • Products purchased from us may not be modified in any way. We accept no responsibility if products are modified in any manner and any warranty is void
    • No liability is accepted for any loss, injury or damage howsoever arising from the purchase of use of any item available through Seven Fishes
    • Use of goods is at your own risk
  6. Viruses and Use of Cookies
    • We cannot guarantee that any file or program available for download and/or execution from or via our sites is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release us entirely of all responsibility for any consequence of its use.
    • Cookies are smaller pieces of information that your browser stores on your computer hard drive. We use cookies to provide site usage information as well as assist to improve and develop products and services we offer.
    • If you disable cookies on your web browser, you may not be able to fully experience all features of our store.
  7. Third Party Sites
    • This site may contain links to third party sites. We are not responsible for the condition or the content of these sites. You access the sites and use the sites’ products and services solely at your convenience and do not indicate, expressly or impliedly, any endorsement by Seven Fishes of the sites or the products or services provided on the site.
    • We are not responsible for the privacy practices or terms and conditions of sires that are linked to the site via hyperlinks, banner advertising or otherwise. Please take care at all times to check whose site you are visiting.