The following terms and conditions apply to FragaRock
The placing of an order indicates your acceptance of these terms and conditions.
1. “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller.
2. “Consumer” shall have the meaning ascribed in section 12 or the Unfair Contract Terms Act 1977;
3. “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions
4. “Goods” means the articles that the Buyer agrees to buy from the Seller.
5. “Seller” means FragaRock
6. “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and condition agreed in writing by the Seller.
1. Nothing in these Terms and Condition shall affect the Buyer’s statutory rights as a Consumer.
2. These Terms and Conditions shall apply to all contracts of sale of Goods by the Seller to the Buyer and shall prevail over other documentation or communication from the Buyer.
3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
4. Any variation to these Terms and Conditions (including any special terms and conditions agreed between parties) shall be in applicable unless agreed in writing by the Seller.
1. All orders for Goods shall be deemed an offer by the Buyer to purchase Goods pursuant to these Terms and Condition subject to acceptance by the Seller. The Seller may choose not accept an order for any reason.
2. Where the Goods ordered by the Buyer are not available from stock, it will not be available to be purchased.
PRICE AND PAYMENT
1. The price of the Goods shall be that stipulated on the Seller’s current price list. The price is inclusive of VAT. Additional delivery charges are payable for delivery within the United Kingdom.
2. Payment of the Price and delivery charges must be made in full before dispatch of the Goods.
RIGHTS OF THE SELLER
The Seller reserves the right to adjust the price and specification of any item in its current price list.
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. We will endeavour to ensure that all goods received by the buyer are a true likeness to the actual photograph shown on the website. Goods may however appear different due to many attributing factors i.e. lighting and living conditions. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or the condition of the Goods, whether implied by the Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
We are extremely confident in the health of all livestock we send out and combined with our shipping methods offer you our Live Arrival Guarantee. In order to eligible for our Live Arrival Guarantee, please note the following:
YOU MUST ADHERE TO THE FOLLOWING DOA (DEAD ON ARRIVAL) PROCEDURE CORRECTLY, FAILING TO DO SO WILL NULIFY YOUR CLAIM.
In the unlikelihood of your order being DOA please email or telephone us within 2 hours of signing for the package on day of receipt.
Once you have notified us you then have 24 hours to provide us with the following photographic evidence:
For marine inverts/fish we require: A clear photograph of the marine invert in its original sealed bag and a clear photograph of the marine invert/fish out of its bag.
For corals we require: A clear photograph of the coral in its original sealed bag and a close up photograph of the coral out of its bag. All photographs MUST be clear and not distorted. Failure to be present to sign for your parcel on the first delivery attempt will void all claims. Failure to follow FragaRock specified DOA reporting procedure will also void any claims. On satisfactory evidence that the marine life is DOA a credit note will be issued.
Please follow our recommended acclimatisation procedures for corals below to ensure your new coral adjusts to your system with the least possible stress.
Acclimatising your new corals is a vital process to ensure they survive and thrive in your system. Keep the corals in the polythene bag. Float the bag in your sump area or main tank for around 30 minutes, this will equalise the temperature of the water in the bag to that of the system it is going to be placed. Open the bag or place coral with shipping water into another small container. Using a piece of airline or similar with an air control valve attached, if one not available then just tie a knot in the airline, start a siphon from the main system and drip water slowly from there into the bag/container ( One drip every two seconds ). Once the bag/container is near full then disregard some of the water and continue the process (never put any of the shipping water into your system). Do this for 90 minutes for corals and 3 hours for marine inverts to ensure the new livestock is fully acclimatised to the new water conditions. Place it in your tank somewhere near the bottom. For corals, leave it there and raise it slowly over a period of days so as it can adjust to the different lighting on your tank.
This careful process is vital to ensuring your coral or any other livestock’s long term success.
The same above process can be use for Fish however this is not recommended, we strongly advise you put all fish into a quarantine tank for 30 days where you can observe it before placing it into your display tank, make sure you follow the above procedure before placing livestock into your quarantine tank
Collection will be from
32 Holmleigh, Swindon, Wiltshire, SN25 1RH
1. The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party whether directly or indirectly out of any failure to meet the estimated delivery date.
2. Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all the arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
3. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
4. The date for delivery shall be arranged between the buyer and seller on a mutually agreed basis, once full payment has been received.
Delivery will be charged a flat rate of £10. Order over £150 qualifies for FREE Delivery. Store Pickup is also available. Delivery will be send out from Monday to Wednesday. A delivery date will be agreed before the livestock is shipped out.
There will be NO fish delivery. FISHES are COLLECTION ONLY.
CANCELLATION AND RETURN
1. The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 1 working day of delivery if the Goods are damaged or do not comply with any of the Contract, photographic evidence will be required. If the Buyer fails to do so they shall be deemed to have accepted the Goods.
2. The Buyer is responsible for all costs involved in returning the Goods should a return be required.
LIMITATION OF LIABLITY
1. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the value of the Goods and the Seller shall under no circumstance be liable for any direct, incidental or consequential loss or damage whatever.
2. The seller will not be responsible for any delays, damage or losses due to a third parties performance i.e. delays in delivery by contract courier or damage caused by them.
3. Where the seller believes that the buyer has a justifiable complaint then a credit will be issued for an amount deemed reasonable to the specific order.
No wavier by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its right to do so in the future.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstance outside its reasonable control, but not limited to Acts of God, strikes, lock outs, accidents of war, fire breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitles to a reasonable extension of time to fulfil its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be served and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
GOVERNANCE LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereto submit to the exclusive jurisdiction of the English courts.