Terms and Conditions

Disclaimer

The information on this website and in the application is believed to be correct and up to date. It is, however, supplied on a "as is" basis in good faith. The term "website" refers to https://www.zenaquariumau.com, as well as any other site, service (including web-services), programme, application, media, or social media that Zen Aquarium manages. Your use of the Zen Aquarium website constitutes your acceptance of these Terms & Conditions.

Zen Aquarium, its directors, officers, and employees make no claim or warranty as to the correctness, reliability, or completeness of the material provided on this website. Furthermore, they disclaim any and all liability for errors in, or omissions from, the information on this website, coming from any cause (including negligence). Illustrations, photographs, and packaging are simply representations of the advertised products; differences may exist between stores. All products were in stock at the time of publication; however, due to supplier issues, Zen Aquarium cannot be held liable for any shortages. Zen Aquarium maintains the right to limit purchases to standard retail amounts.

 

Website

Zen Aquarium owns and operates the Website as well as the Affiliated Websites. By accessing and using the Website, you agree to be governed by the terms and conditions listed below (Terms). Please take the time to read these Terms carefully. Please do not use the Website if you do not agree to these Terms.

At any time, we retain the right to modify these Terms. You agree to be governed by the updated terms of use if you continue to use the Website and Affiliated Websites. You should check the Terms periodically to see if they have changed.

1. Intended Meanings for Certain Words

In these Terms, the following words have the meanings set out as follows:

    •  "Affiliated Website" means any website (other than this Website) containing content owned and operated by Zen Aquarium.
    •  "Content" means any software, data, information, pictures, graphics and other materials published or made available on the website, including all third party content and user generated content.
    •  "Product" means the goods and / or services being offered by us and promoted through the Website or Affiliated Website.
    •  "Product Information" means the specific information relating to a Product as set out on the Product Page.
    •  "Product Page" means the relevant page of the Website or Affiliated Website on which a specific Product is promoted.
    •  "Product Order" means your Request or that part of your Request we confirm as acceptable.
    •  "Request" means the order placed by you for the relevant Products in the Shopping Cart.
    •  "Third Party Information" means information other than Product Information on the Website or Affiliated Website including certain data, news, research, statistics stories, photographs, opinions and information.
    •  "User" means any user of the Website.
    •  "We", "us", "our" and "Zen Aquarium" are a reference to Zen Aquarium.
    •  "Website" means this website Zen Aquarium.
    •  "You" and "your" are a reference to you.

    2.

      • Intellectual Property
        • You understand that any content published or made available through the Website is our sole property, or that we are using and/or displaying it with the owner's authorised permission. Without our prior written consent, no Content may be reproduced, published, or transmitted. Infringement of copyright, trade mark, or other intellectual property rights can lead to civil and/or criminal consequences.
        • "Zen Aquarium" is a trademark of ours. All rights to these trademarks are hereby reserved in their entirety. All other trademarks displayed on the Website, unless otherwise stated, are the property of their respective owners.

         3. Privacy and Personal Information

        For more information about your personal information, what we collect, and how it may be used, please see our Privacy Policy. You agree to the terms of this Privacy Policy by continuing to use this Website.

        4. Liability

        We make no representations or warranties about the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose, and neither we nor any third parties make any such representations or warranties. You acknowledge that such information and materials may contain inaccuracies or mistakes, and to the fullest extent permissible by law, we expressly disclaim liability for any such inaccuracies or errors.
        Any information or materials you obtain from this website are used totally at your own risk, for which we will not be held liable. You are solely responsible for ensuring that any items, services, or information obtained from this website satisfy your individual needs.

        5. Severability

        If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

        6. Law

        These Terms are governed by and will be construed in accordance with the laws of Australia and you submit to the jurisdiction of the courts of Australia.

        7. Contact

        If you have any questions or concerns in relation to the Website, Affiliated Websites or these Terms please Contact Us.

         

        Orders

        Any order placed with Zen Aquarium through the online shop website is an offer by you to acquire a specific product for the price mentioned at the time of the order (including delivery, tax, and other charges) and subject to these Terms and Conditions. Zen Aquarium reserves the right to refuse your purchase offer for any reason. These may include, but are not limited to, the unavailability of any goods, an error in your order or in the product description, an error in price, or the purchase of bulk quantities of things that Zen Aquarium may perceive to be intended for commercial on-sale.

        Pricing Policy

        Whether in our Zen Aquarium store or online at www.zenaquariumau.com, we are committed to providing our customers with convenience, service, and product availability at affordable costs.

        Due to various customer offers, product availability and pricing of some products may differ between your local Zen Aquarium store and www.zenaquariumau.com. www.zenaquariumau.com may run 'online only' or 'store only' specials from time to time.

        Prices shown on the website are current at the time of publication, but they are subject to change at any time and are based on availability. Items' prices and availability are subject to change at any time.

         

        Warranty

        All products are covered by statutory warranties and consumer guarantees to the extent applicable, namely we warrant the products we sell to you are free from defects in workmanship and materials; of acceptable quality and fit for the purpose for which they were made.

        Note that statutory warranties and consumer guarantees may not require Zen Aquarium to provide you with a remedy if you have caused the products to become damaged by using them in a way that is unreasonable, for example:

        • Where you have mistreated or abused the products (whether intentionally or unintentionally); or
        • Damaged the products as a result of using them in a way they were not intended to be used.

        We reserve the right to test or assess any product returned to us in order to assess whether a breach of warranty or consumer guarantee has occurred.

         

         

         

        Shipping Restrictions

        Due to strict quarantine requirements, we are unable to ship to WA, NT or TAS.

        Remote locations – please contact us before placing an order as some remote locations cannot be reached within 72 hours risk loss of fish life. We care very much for our fish and cannot ship to any area that cannot be reach within 72 hours due to the risk for the fish.

         

        Authority to Leave (ATL):

        This service is available with any home delivery orders. An address must first be considered accessible and safe by the courier. If it is, they will then leave it in a safe place.

        When you select Authority to Leave as an option at checkout, you accept full responsibility and Zen Aquarium cannot be held liable if your order goes missing after it has been deemed delivered by the carrier.

        COVID UPDATE: Due to the current COVID Pandemic all fish will be sent with authority to leave. 

          

        Live Fish Delivery

        We take great pride in the care of our fish; however, fish undergo stress during transit. On the rare occasion that someone was there to receive the order and the fish arrive deceased. We offer an ‘Arrive Alive Guarantee’.

        We will give you a full refund less shipping of the deceased fish if our terms are met.

        Note: If payment was made with Paypal; Paypal fees will not be refunded. 

         Photo must be taken of the fish in the bag it arrived in that is unopened and email the photo to admin@zenaquariumau.com along with your invoice number within 6 hours of delivery.

        Photos must be accurate photos of each deceased fish in original sealed bags that is unopened.

        Photo of deceased fish in open or tampered with bag will not be subject to our ‘Arrive Alive Guarantee’.

        Any deliveries left at premises, returned to Australia Post or depot as a result of the address being unattended are not subject to the ‘Arrive Alive Guarantee’.

        PLEASE NOTE: There is no guarantee for snails sent for online orders. All care is given but they are order at own risk. There will be no DOA claims for snails. 

        Koi Fish
        You can only purchase koi fish if you live in NSW and ACT. 
        **PLEASE do not add koi fish to your cart if you are outside of NSW and ACT there will be no exceptions do not contact us to ask if we can.
        This will be deleted from your cart and your money refunded or your whole order will be cancelled, this will hold up the shipping of your other fish.  
         
        Long Fin Fish 

        Please note that with purchases of long fin tropical fish such as our Halfmoon bettas and guppies, fin damage can occur during shipping. The fish can chew on their own tails from the stress of shipping. This will not covered under the DOA or Refund Policies.​​

         

        Delivery Errors
        If something doesn't match up to your order, please take a photo of the fish in the bag they arrived in and email the photo and your invoice number to admin@zenaquariumau.com and our team will be in contact to resolve any issues.
          

        Cancellations and Returns

        We are unable to cancel orders once dispatched so please select carefully.

        We cannot accept returns of live fish for the health and safety of our fish. Packaging and shipping live fish is complicated and many die if not packed and shipped properly.

        Fish are checked for good health prior to shipping. Please be ready for your fish to arrive, responsibility of the fish passes to buyer after delivery. Transit is stressful for marine life, please ensure proper aftercare to given to fish once they arrive, this includes but not limited to acclimation procedures. Death/disease after arrival are not covered by our ‘Alive Arrive Guarantee’.

        If there are issues, please notify us of the issues on the day of receiving the fish.

        All shipping costs (including those relating to warranty issues) are the responsibility of the buyer and we cannot accept any liability for loss or damage to items while in transit.

        If an item with a major fault or incorrect items shipped a refund will be provided. Please contact us and provide proof of purchase and photo evidence of fault or incorrect items. We will advise you on next steps.

          

        Fish Selection

        We are unable to accept request for specific fish from the facility for online orders. Fish are selected at random from our tank. We upload updated pictures of the batch of fish with every new batch, fish are selected randomly from that batch.

        Unless fish are specified by sex in our products page, we are unable to accommodate request for a specific sex.

        Sizing is approximate and due to the nature of livestock. Some size variation can be expected.

        If you want to choose your fish, visit our store (open every Sunday) at Paddy’s Flemington Market Building D/250-318 Parramatta Rd, Homebush West NSW 2140.

          

        Order Tracking

        A tracking number is emailed after the order to booked through our courier. Tracking numbers are generally updated at midnight by the courier company, and we are not responsible for any delay in updated tracking details.

        Please check your order once tracking details are updated to ensure your order is on its way.

         

        Availability of Goods

        All orders are made subject to availability. While try our best to ensure goods are available for delivery, there may be some circumstances where goods are unavailable.

        Where we cannot fill your order, or part of your order, we will notify you are after you complete your order. We will refund in full all amounts you have paid in respect of such unavailable delivery of your order.

         

        Packaging for Delivery

        We love are fish and we are sure you do too. That is why we take great care in preparing and packaging our fish. We make sure our fish have plenty of pure oxygen and water in carefully sealed bags that is then carefully placed in a Styrofoam box.

        We clearly label our packages to identify ‘live fish’ so care is taken in transport.

        We add heat packs/ice packs that last 40 hours during the cooler/warmer months to make sure your fish are comfortable on their journey.

        In cases of extreme weather conditions in some areas, we may hold your order back until more suitable weather conditions permit the safe delivery of fish. We will contact you via email in these cases.

        Responsible Pet Ownership

        As a responsible fish retailer, we do not support impulse buys of any pets including our fish. We reserve the right to refuse sales if proper care cannot be provided. Please have all proper preparations ready for the arrival of your fish.

         

        Payment Options

        Currently at Zen Aquarium we offer payment via Credit Card/Debit Card and Paypal

         

        Capacity 

        Use of this website is restricted to those aged over 18 and those able to enter into a legally binding contract.

         

        GST 

        The prices displayed on this website include 10% Goods and Services Tax (GST). The Zen Aquarium website has been intended for use by Australian residents only.

         

        Limitation of liability

        Any direct, indirect, incidental, special or consequential damages as a result of use or misuse of the website will not be the responsibility of Zen Aquarium. Zen Aquarium will also not be liable for the costs resulting in further purchases as a result of the initial purchase, the cost of obtaining substitute products. In addition to these, messages received, transactions entered into through the website or as a result of unauthorised access to your information contained on this website will be in no way the responsibility of Zen Aquarium.

        Where an Act of Parliament suggests any term, condition or warranty in the Terms and Conditions and does not allow for provisions in a contract for exclusion of liability, the liability of Zen Aquarium will be limited. If the breach relates to a good purchased Zen Aquarium may choose to replace the goods or supply the equivalent goods, repair the goods, pay the cost of replacing the goods or of acquiring equivalent goods or payment of the repair costs for the goods. If the breach relates to services provides Zen Aquarium may choose to supply the services again or pay the cost of having the service supplied again.

        Security Policy

        The Payment Card Industry Data Security Standard (PCI DSS) is a security standard for organizations that handle credit and debit card information. The standard was created to increase controls around payment data to reduce fraud.

        Yes, our online payments is certified Level 1 PCI DSS compliant.