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Terms & Conditions
Questions or Concerns about a coral, ordering or delivery
For general information about ordering, delivery and corals please refer to the help page where you will find answers to most questions or concerns you may have. If there is something that is not covered on the help page then just contact us using the contact page or our email address. Below are our general Terms and Conditions which apply to your use of this website and the supply of goods sold by us.
These terms & conditions ("Terms & Conditions") apply to your use of the Captive Ocean website at www.captiveocean.co.uk (the "Website", which term shall include all content on the Website) and the supply of goods sold by Captive Ocean. You must read these Terms & Conditions carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using or registering with the Website, you confirm that you have read, understood and agree to these Terms & Conditions in their entirety. If you do not agree to these Terms & Conditions in their entirety, you must not use the Website.
All orders placed by you and purchases of goods from us are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us.
The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order.
When you place an order on our website you can check and correct the details of your order up until the point at which you place your order by clicking the "Place Order and Pay" button on the checkout page
All orders placed by you and purchases of goods by you from us are subject to acceptance by us (as described above). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
Prices and Payment
Payment can be made by most major credit or debit cards or PayPal account by completing the relevant details on the checkout page.
All prices on our website exclude delivery charges. Delivery charges and the total price of the order including delivery is displayed during checkout.
We reserve the right to change prices listed on this website at any time. If you have placed an order and the price has since changed we will notify you before processing your order.
If an error occurs and goods are either incorrectly priced or described we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors and will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.
We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing. If we do not receive payment from you we will not be liable for the goods not being delivered or provided to you
You may cancel your order at any time up to 12pm on the day of dispatch. Due to the perishable nature of live corals we are unable to accept cancellations after that time.
To exercise your right to cancel, you may inform us of your decision to cancel by email or using the contact form on the website.
Following cancellation we will refund you the price paid for the cancelled order. We will pay the refund within 14 days after the day you notified us to cancel your order. We will refund you using the same means of payment as you used to pay for your order or purchase.
Cancellations received after 12pm on the day of dispatch will not be accepted and no refunds will be given.
For reasons of coral hygiene and the perishable nature of live corals we regret we are unable to accept returns of live corals.
The delivery address you specify during checkout must include the full address details, including the accurate postcode of the address and your daytime contact telephone number. Your registered e-mail address must be correct so that we can notify you in the event that any delivery problems are encountered. You can check and correct these details during checkout, by using the contact form on the website or by email. It is your responsibility to ensure these details are correct and we shall not be liable to any person for any loss or damage which may arise from incorrect or incomplete delivery and contact information.
We aim to deliver the goods in accordance with your order usually within the stated delivery time (except in exceptional circumstances) subject always to Availability and Events Beyond Our Control.
We reserve the right to postpone delivery of orders which are placed during extreme weather conditions.
A valid signature will be required on delivery. In the unlikely event that you have not received the goods within the stated delivery time, you must notify us immediately.
Like the rest of us couriers are subject to traffic, weather and mechanical problems which may delay them. Therefore, although in the vast majority of cases they do arrive by the scheduled time, delivery times cannot be guaranteed. If the courier is late and there is no one present to sign for the delivery we shall not be liable to any person for any loss or damage which may arise from delayed delivery.
All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. Where goods are out of stock, we will refund you the price paid for such goods as soon as possible and in any case within 14 days.
Events beyond our control
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports). In such circumstances the Live Arrival Guarantee does not apply and no claims will be considered.
Your use of this website
You must only use this Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website.
You may use, download and display the contents of this Website on a computer screen and also print one copy of such content, but solely for your own personal use. Other than for your own personal use, you may not without our prior written consent :
You may not use the Website for any of the following purposes:
Copyright and other intellectual property rights
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights. All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to Captive Ocean.
If you acquire any copyright or other intellectual property rights in the Website (whether by operation of law or otherwise), then you agree to assign (on a worldwide basis to the fullest extent permitted by law) those rights to Captive Ocean (including any rights you may have in user generated content that you submit through the Website or in emails sent to Captive Ocean). You will also unconditionally and irrevocably waive any and all moral rights you acquire in or to the Website.
You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.
Your account and Password
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. We will not be liable for any loss or damage which may arise as a result of any failure by you to protect your password or account.
We only use data provided by you for the purposes of processing your order. We do not share, pass on or sell this data to any third party. We do not store any of your financial details on this website or at any point in the checkout. All payment processing is handled by PayPal's secure servers and is not accessed by us at all.
Damage to the device you use to access this Website
Captive Ocean uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device.
It is your responsibility to ensure that you have the right equipment and software (including anti-virus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device.
We shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
We have placed links on this Website to other websites we think you may find of interest. We do not vet these websites and do not have any control over their contents. We do not accept any liability in respect of the use of these websites.
Accuracy of content
Whilst we make every effort to ensure that the colours of the coral you buy look the same in the photo as they will do in your tank we cannot guarantee that there will be an exact match between the two. This is because aquarium lighting, the colour calibration of your display device, your browser and to some extent conditions in your aquarium can all make a difference to perceived colour. To give you the best representation possible photos are taken under a 50/50 mix of white and blue T5 lighting. In terms of colour this represents a good average of the type of lighting most commonly used. We also include a textual description of the colours of the coral to help convey it's appearance. However, if your lighting is significantly different from the neutral mix we use you may notice a shift in the apparent colour of the coral - in most cases though this will just intensify the coral's colour and the coral you have in your tank will look more 'zingy' than it does on this website.
Captive Ocean disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party (to the extent permitted by applicable law)
The views expressed in user generated content are the opinions of those users and do not necessarily represent the views, opinions, beliefs or values of Captive Ocean.
The Website is provided by us for your use without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
We shall not be responsible for any breach of these Terms & Conditions caused by circumstances beyond our control.
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Terms & Conditions or your use of the Website or for which a report has not been received by us by 5pm on the scheduled delivery date.
Except to the extent required by applicable law, we shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on this Website.
These Terms & Conditions shall not limit or exclude any liability that we are not permitted to limit or exclude under applicable law (such as death or personal injury).
Upon delivery of the goods to you the goods shall be at your risk and responsibility. Notification of any fault with the condition of the goods on delivery must be reported to and received by us by 5pm on the scheduled delivery date. We shall not be liable for any fault with the condition of the goods reported and received by us after 5pm on the scheduled delivery date.
If you purchase goods from us as a consumer (which means anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, we accept no liability for any:
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgement by a court of competent jurisdiction and any sums paid by us as a result of any settlement agreed by us arising out or in connection with:
Changes to these Terms & Conditions
We reserve the right to change these terms and conditions at any time. We recommend that you revisit this page regularly to keep informed of the current Website Terms. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms. It is your responsibility to ensure you are familiar with our most current version of these terms and conditions.
These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.
If any provision of these Terms and Conditions (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected and remain in full force and effect. Our contract shall be governed by and interpreted in accordance with English law.
A person who is not a party to these Terms & Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms & Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
The Website is owned and operated by Captive Ocean.