Last Updated: September 14, 2026
Welcome to Aquatic Gallery.
These Terms & Conditions (“Terms”) govern your access to and use of the Aquatic Gallery website, online services, physical retail locations, customer support services, text messaging services, and purchases of products or services from Aquatic Gallery.
Throughout these Terms, “Aquatic Gallery,” “we,” “us,” and “our” refer to Aquatic Gallery and, where applicable, its owners, employees, agents, contractors, and authorized representatives. “You” and “your” refer to any visitor, customer, purchaser, account holder, or other person who accesses our website, visits our premises, communicates with us, or purchases products or services from us.
By accessing our website, placing an order, making a purchase, creating an account, using our services, or otherwise interacting with Aquatic Gallery, you agree to these Terms to the extent applicable to that interaction.
If you do not agree with these Terms, you should not use our website or online services.
1. About Aquatic Gallery
Aquatic Gallery is an aquatic, aquarium, pet, and living-art retail business located in Richmond, Kentucky.
Depending on availability, Aquatic Gallery may offer live aquatic animals, aquatic plants, corals, invertebrates, reptiles, amphibians, terrestrial animals, aquarium supplies, aquascaping materials, filtration equipment, lighting, foods, supplements, livestock-related products, décor, merchandise, specialty products, custom or special-order items, educational materials, and related goods and services.
Our product selection may change at any time.
The presence of a product, animal, service, photograph, description, or price on our website does not guarantee that the item is currently available.
WEBSITE AND ONLINE SERVICES
2. Website Use
You may use the Aquatic Gallery website only for lawful purposes.
You agree not to use the website in any manner that could damage, disable, interfere with, overload, or impair the website or its underlying systems.
You may not attempt to gain unauthorized access to any account, computer system, server, database, administrative interface, or network associated with Aquatic Gallery.
You may not use automated systems, bots, scrapers, crawlers, scripts, or similar technologies to systematically copy, extract, reproduce, or collect information from our website without our prior written permission, except for legitimate indexing by publicly available search engines.
You may not use our website to engage in fraud, harassment, unlawful activity, unauthorized commercial solicitation, intellectual property infringement, or any activity that violates applicable law.
3. Age Requirements
You must be at least 18 years old or the age of legal majority in your jurisdiction to enter into a binding purchase agreement with Aquatic Gallery.
Individuals under the age of majority may browse our website and visit our store with appropriate parental or guardian supervision.
Purchases involving live animals must be made by an adult unless Aquatic Gallery expressly permits otherwise.
Parents and legal guardians are responsible for the conduct of minors under their supervision while on Aquatic Gallery property.
4. Account Information
Certain services may permit or require you to establish an account.
You agree to provide accurate, current, and complete information and to update that information when necessary.
You are responsible for maintaining the security of your account credentials and for activity performed through your account.
You should notify Aquatic Gallery promptly if you believe your account has been accessed without authorization.
Aquatic Gallery may suspend or terminate an account when reasonably necessary to protect our customers, systems, business, or other users or where we reasonably believe the account is being used fraudulently or unlawfully.
PRODUCTS, PRICING, AND ORDERS
5. Product Information
Aquatic Gallery makes reasonable efforts to provide accurate product names, descriptions, photographs, specifications, dimensions, compatibility information, livestock information, care requirements, and pricing.
However, minor errors or differences may occur.
Product photographs are provided for reference and may not precisely represent the item received.
This is particularly applicable to natural and living products.
Individual fish, corals, plants, invertebrates, reptiles, amphibians, rocks, wood, substrates, and other naturally occurring items can vary substantially in:
size;
shape;
color;
pattern;
texture;
growth form;
behavior;
condition;
and other natural characteristics.
Unless a listing specifically states that the photographed specimen is the exact item being sold, photographs should be considered representative of the product or species.
6. Pricing
Prices are stated in U.S. dollars unless otherwise indicated.
Aquatic Gallery may change prices at any time before an order is accepted.
Prices displayed online may occasionally differ from prices displayed in our physical store because of promotions, inventory systems, online-exclusive offers, or timing differences.
Applicable taxes, shipping charges, delivery charges, service fees, or other disclosed charges may be added to an order where applicable.
If an obvious pricing, typographical, inventory, or technical error occurs, Aquatic Gallery may correct the error and may cancel an affected order before fulfillment.
If payment has already been collected for an order we cancel because of such an error, the amount collected for the canceled portion will be refunded.
Nothing in this section limits any rights available to consumers under applicable law.
7. Order Acceptance
Submitting an order does not necessarily constitute final acceptance by Aquatic Gallery.
We may need to verify inventory, livestock condition, payment information, shipping conditions, customer information, or other order details before accepting or fulfilling an order.
Aquatic Gallery reserves the right to decline or cancel an order for legitimate reasons, including suspected fraud, payment issues, inventory discrepancies, livestock health concerns, legal restrictions, shipping limitations, pricing errors, or inability to safely fulfill the order.
If we cancel an order after collecting payment, we will refund the applicable amount unless another resolution is agreed upon.
8. Payment
You represent that you are authorized to use the payment method submitted for a transaction.
You authorize Aquatic Gallery and its payment processors to charge your payment method for the amount disclosed at checkout or otherwise authorized by you.
Payment processing may be handled by third-party payment processors. Your use of those payment services may also be subject to the processor’s applicable terms and privacy practices.
Aquatic Gallery does not guarantee acceptance of any particular payment method.
9. Fraud and Unauthorized Transactions
Aquatic Gallery reserves the right to delay, decline, or cancel transactions reasonably suspected of being fraudulent or unauthorized.
We may request additional information reasonably necessary to verify an order.
Fraudulent transactions, attempted chargeback abuse, use of stolen payment credentials, or other unlawful payment activity may be reported to payment processors, financial institutions, law enforcement agencies, or other appropriate parties.
LIVE ANIMALS, CORALS, PLANTS, AND OTHER LIVING PRODUCTS
10. Nature of Living Products
Customers acknowledge that fish, corals, invertebrates, aquatic plants, reptiles, amphibians, and other living organisms are inherently variable biological organisms.
Their health, appearance, coloration, growth, behavior, temperament, size, and longevity may be affected by environmental conditions, stress, transportation, husbandry practices, diet, water chemistry, temperature, lighting, disease exposure, compatibility, genetics, and numerous other factors outside Aquatic Gallery’s control.
No representation about future size, coloration, growth rate, temperament, breeding behavior, lifespan, or appearance constitutes a guarantee unless Aquatic Gallery expressly provides such a guarantee in writing.
11. Customer Responsibility for Livestock
Before purchasing livestock, customers are responsible for determining whether they can properly house and care for the organism.
This includes evaluating appropriate aquarium or enclosure size, water chemistry, temperature, salinity, lighting, flow, filtration, diet, environmental requirements, behavioral characteristics, compatibility, adult size, and other husbandry needs.
Aquatic Gallery employees may provide general recommendations based on information available at the time.
The ultimate responsibility for determining whether livestock is appropriate for a customer’s system remains with the customer.
12. Aquarium Compatibility
Compatibility information is inherently probabilistic.
Fish and other animals are individuals, and behavior can vary substantially even within the same species.
Terms such as “reef safe,” “community safe,” “peaceful,” “semi-aggressive,” “aggressive,” or similar descriptions reflect general husbandry experience and should not be interpreted as guarantees of behavior.
Aquatic Gallery does not guarantee that an animal will be compatible with every other organism, aquarium, aquascape, coral, plant, or environment.
Customers should research compatibility before introducing new livestock.
13. Quarantine and Biosecurity
Aquatic Gallery takes reasonable measures to maintain healthy livestock, but no retailer, wholesaler, aquaculture facility, breeder, or hobbyist can guarantee that a living organism is completely free of all parasites, pathogens, pests, hitchhikers, or microorganisms.
Customers are strongly encouraged to use appropriate quarantine, observation, acclimation, and biosecurity procedures before introducing new livestock, plants, corals, rocks, substrate, water, or other biological material into an established system.
Aquatic Gallery is not responsible for losses elsewhere in a customer’s aquarium or collection resulting from a disease, parasite, pest, pathogen, hitchhiker, incompatibility, or other biological issue introduced after purchase except to the extent liability cannot lawfully be excluded.
14. Livestock Acclimation
Customers are responsible for promptly and properly acclimating livestock after purchase or delivery.
Appropriate acclimation varies by species and may involve temperature acclimation, salinity adjustment, water-chemistry adjustment, lighting adjustment, or other procedures.
Any acclimation instructions supplied with an order should be followed carefully.
Customers should avoid unnecessary delays between receiving livestock and beginning appropriate acclimation.
15. Livestock Guarantees and Final Sale
Because live animals and other living products can be affected by conditions outside our control after leaving our custody, live-product sales may be subject to different return and guarantee rules than nonliving merchandise.
Unless Aquatic Gallery expressly provides a written guarantee applicable to a particular purchase, livestock and other living products may be treated as final-sale items after they leave Aquatic Gallery’s possession.
If a purchase is covered by a written Live Arrival Guarantee, livestock guarantee, or other specific policy, the terms of that policy will apply to that transaction.
Any documentation, photographs, notification deadlines, packaging requirements, water-quality information, or other conditions required by a particular guarantee will be disclosed through the applicable policy.
Nothing in these Terms eliminates rights that cannot lawfully be waived.
16. Sex, Morph, Species, and Identification
Aquatic Gallery makes reasonable efforts to accurately identify livestock.
However, identification can sometimes be difficult, particularly with juveniles, similar species, color morphs, hybrids, sexually immature specimens, or organisms whose appearance changes during development.
Unless expressly guaranteed in writing, sex determinations should be considered our best assessment rather than an absolute guarantee.
Aquatic Gallery does not guarantee that a juvenile animal will develop a particular adult coloration, pattern, body shape, or other characteristic unless expressly stated in writing.
17. Wild, Captive-Bred, Aquacultured, and Maricultured Livestock
Where information is reasonably available, Aquatic Gallery may identify livestock as captive-bred, aquacultured, maricultured, wild-collected, or similar.
Such descriptions are generally based on information supplied by breeders, aquaculture facilities, wholesalers, collectors, importers, or other suppliers.
Aquatic Gallery makes reasonable efforts to accurately communicate that information but cannot independently verify every aspect of a supplier’s production history unless expressly stated otherwise.
18. Local Laws and Ownership Restrictions
Customers are responsible for ensuring that possession, transportation, importation, propagation, or release of purchased organisms is lawful in their jurisdiction.
Certain fish, plants, invertebrates, reptiles, amphibians, or other organisms may be restricted in particular states, municipalities, or jurisdictions.
Aquatic Gallery may decline to sell or ship an organism where we believe doing so could violate applicable law or regulatory requirements.
No organism purchased from Aquatic Gallery should ever be intentionally released into the natural environment unless such release is specifically authorized by applicable governmental authorities.
SHIPPING AND DELIVERY
19. Shipping Availability
Aquatic Gallery may offer shipping or delivery for certain products.
Not all products, livestock, destinations, or order types are eligible for shipping.
Shipping availability may depend on the product, destination, weather conditions, carrier availability, regulatory requirements, and livestock health.
20. Livestock Shipping
The welfare of living organisms takes priority over a requested shipping date.
Aquatic Gallery may postpone livestock shipments because of extreme heat, freezing temperatures, storms, carrier disruptions, holidays, anticipated transit delays, livestock condition, or other circumstances that could jeopardize animal welfare.
Estimated shipping or arrival dates are not guaranteed unless expressly stated otherwise.
21. Customer Availability for Delivery
When live animals are shipped, customers are responsible for monitoring tracking information and making reasonable arrangements to receive the shipment promptly.
A live shipment should not be left outdoors, in direct sunlight, in extreme temperatures, or unattended for an unreasonable period.
If a specific Live Arrival Guarantee requires delivery acceptance, pickup from a carrier facility, notification within a specified period, or other delivery-related conditions, those conditions will be stated in the applicable guarantee.
22. Shipping Delays
Carrier delays occasionally occur.
Aquatic Gallery is not responsible for carrier delays or events outside our reasonable control, although we will make reasonable efforts to assist customers in resolving shipping problems.
Where livestock is involved, any applicable written Live Arrival Guarantee will determine coverage resulting from a delayed shipment.
23. Damaged or Missing Shipments
Customers should inspect shipments promptly after delivery.
If an order arrives damaged, incomplete, or materially different from what was ordered, contact Aquatic Gallery as soon as reasonably practical and retain relevant packaging and documentation.
We may request photographs or other reasonable information needed to investigate the issue or file a carrier claim.
RETURNS, REFUNDS, AND EXCHANGES
24. General Return Policy
Returns, exchanges, refunds, and store credits are subject to the return policy disclosed by Aquatic Gallery for the applicable product or transaction.
Different policies may apply to livestock, plants, corals, clearance merchandise, special orders, custom products, opened products, food, medications, chemicals, electrical equipment, pumps, lighting, filtration products, aquariums, and other categories.
The policy displayed or communicated at the time of purchase will govern the transaction, subject to applicable law.
25. Condition of Returned Merchandise
Where a product is eligible for return, Aquatic Gallery may require the item to be returned in its original or reasonably resalable condition with packaging, accessories, documentation, and proof of purchase.
Aquatic Gallery may decline a return where permitted by law if an item has been materially used, damaged, altered, contaminated, improperly installed, or returned incomplete.
Manufacturer warranty claims may need to be handled directly by the manufacturer where the manufacturer requires that process.
SPECIAL ORDERS, CUSTOM PRODUCTS, AND DEPOSITS
26. Special Orders
Aquatic Gallery may accept requests for products or livestock that are not normally maintained in inventory.
Special-order availability, timing, size, appearance, pricing, and delivery dates are estimates unless expressly guaranteed in writing.
Because many special orders are obtained specifically for an individual customer, deposits or prepayments may be subject to special cancellation or refund rules.
Any nonrefundable deposit or cancellation restriction will be disclosed before the customer becomes obligated to the transaction.
27. Custom Products and Services
Custom aquariums, stands, cabinetry, plumbing systems, aquascapes, installations, fabricated components, signage, specialty livestock orders, or other customized products or services may be subject to separate written estimates, specifications, invoices, contracts, or project terms.
When a separate written agreement exists, that agreement controls with respect to the custom project if it conflicts with these general Terms.
AQUARIUM SERVICES AND INSTALLATION
28. Service Work
If Aquatic Gallery provides aquarium installation, maintenance, consultation, repair, relocation, aquascaping, plumbing, or other services, the customer is responsible for providing accurate information about the aquarium, building, utilities, livestock, equipment, and existing conditions.
Some services may require access to water, drainage, electricity, plumbing, structural areas, or other portions of a property.
Customers are responsible for obtaining any permissions reasonably required for work performed on property they do not own.
29. Existing Equipment and Systems
Aquatic Gallery is not responsible for pre-existing defects, hidden damage, improperly installed equipment, defective plumbing, aging seals, structural deficiencies, electrical problems, or other conditions that were not caused by Aquatic Gallery.
If a potentially unsafe or defective condition is discovered, Aquatic Gallery may suspend work until the issue can be appropriately addressed.
30. Aquariums and Water Damage
Aquariums involve significant quantities of water and carry an inherent risk of leaks, overflows, plumbing failures, equipment failures, condensation, and water damage.
Customers are responsible for ensuring that the location selected for an aquarium has suitable structural support, electrical service, flooring, drainage, ventilation, and protection against foreseeable water exposure.
Aquatic Gallery recommends appropriate leak detection, ground-fault protection, equipment maintenance, and other safeguards suitable for the installation.
Nothing in this section excuses Aquatic Gallery from liability that cannot legally be limited or excluded.
PRODUCT WARRANTIES
31. Manufacturer Warranties
Many aquarium products are manufactured by third parties and may be covered by a manufacturer’s warranty.
Such warranties are provided by the manufacturer and are governed by the manufacturer’s terms.
Aquatic Gallery may assist customers with warranty information when reasonably possible but does not control a manufacturer’s warranty decisions.
32. No Additional Implied Guarantee by Product Description
General statements concerning expected performance, suitability, service life, aquarium capacity, compatibility, growth, or similar characteristics are informational unless expressly incorporated into a written warranty.
Any warranties that cannot lawfully be disclaimed remain unaffected.
EDUCATIONAL AND HUSBANDRY INFORMATION
33. General Information Only
Aquatic Gallery may provide articles, species profiles, care guides, videos, employee recommendations, signage, educational displays, compatibility information, water-chemistry guidance, feeding recommendations, or other husbandry information.
This information is intended for general educational purposes.
Aquarium husbandry is affected by many interacting variables, and there may be multiple valid approaches to maintaining a species or system.
Customers should evaluate recommendations in the context of their individual aquarium or enclosure.
34. Veterinary Advice
Information provided by Aquatic Gallery is not veterinary diagnosis or veterinary medical advice.
If an animal appears seriously ill, injured, or in distress, customers should consult an appropriately qualified veterinarian where practical.
Aquatic Gallery does not represent itself as a veterinary practice.
35. Water Testing
Aquatic Gallery may provide water-testing services or interpretation of customer-provided test results.
Water tests represent conditions in the sample at the time it was collected and tested.
Results may be affected by sample handling, collection methods, test limitations, equipment tolerances, contamination, or changing aquarium conditions.
A water test does not constitute a guarantee that an aquarium is safe for every organism.
STORE VISITS AND SAFETY
36. Customer Conduct
Customers and visitors must behave safely and respectfully while on Aquatic Gallery property.
Visitors may not intentionally damage equipment, disturb livestock, enter restricted areas, interfere with employees, climb on displays, place hands in aquariums without permission, or engage in conduct that presents a risk to themselves, other visitors, animals, or property.
Aquatic Gallery may ask any person engaging in unsafe, disruptive, threatening, abusive, or unlawful behavior to leave the premises.
37. Children
Children must be appropriately supervised by a responsible adult.
Aquatic Gallery contains water features, aquariums, electrical equipment, glass or acrylic displays, livestock, wet surfaces, equipment, and other conditions requiring normal care and supervision.
Parents and guardians are responsible for supervising children in their care.
38. Interactive Animal and Water Displays
Certain Aquatic Gallery displays may permit supervised interaction with animals or water.
Visitors must follow posted instructions and employee directions.
Do not touch, feed, handle, or enter an animal display unless specifically permitted.
Access to interactive exhibits may be restricted at any time for animal welfare, maintenance, safety, or operational reasons.
39. Allergies and Biological Exposure
Aquatic Gallery houses animals, plants, aquarium water, foods, substrates, chemicals, and other biological or environmental materials.
Individuals with severe allergies, compromised immune systems, open wounds, or other conditions that could increase their sensitivity to animal or environmental exposure should exercise appropriate precautions.
Visitors should wash their hands after permitted animal or water contact and before eating or drinking.
40. Photography and Recording
Personal photography may generally be permitted in public customer areas unless otherwise posted.
Commercial photography, professional filming, organized photo shoots, photography of restricted areas, or use of Aquatic Gallery’s premises or intellectual property for commercial purposes may require prior written authorization.
Visitors may not intentionally interfere with other customers’ privacy or business operations while recording.
Aquatic Gallery may restrict photography or recording where reasonably necessary for safety, security, privacy, animal welfare, or operational reasons.
COMMUNICATIONS
41. Electronic Communications
By contacting Aquatic Gallery electronically, using our website, submitting forms, placing an online order, or communicating through email or another electronic platform, you consent to conducting applicable communications electronically.
Electronic records, confirmations, notices, and transaction information may be used where permitted by law.
You remain responsible for maintaining a valid method of contact when one is necessary to complete a transaction.
42. Customer Service Text Messages
Customers may contact Aquatic Gallery by text message where SMS service is offered.
Our SMS service is primarily intended for customer support, including customer-initiated questions, product inquiries, order assistance, account questions, and related follow-up communication.
By initiating an SMS conversation or otherwise opting in, you consent to receive responsive text messages related to your inquiry.
Message frequency varies.
Message and data rates may apply.
You may reply STOP to opt out of applicable SMS communications and HELP for assistance.
Additional SMS terms are available in our SMS Terms & Conditions.
SMS Terms: https://aquaticgallery.com/sms-terms-conditions/
Our handling of mobile information is described in our Privacy Policy.
Privacy Policy: https://aquaticgallery.com/sms-privacy-policy/
43. Marketing Communications
Where Aquatic Gallery offers optional promotional email or SMS programs, we will use the consent mechanism applicable to that program.
Customer consent to receive promotional communications is not a condition of purchasing goods or services unless expressly permitted by law.
Customers may unsubscribe from marketing communications using the instructions provided with those communications.
Transactional and customer-service communications may still be sent when necessary to complete or service a transaction.
PRIVACY
44. Privacy Policy
Aquatic Gallery’s collection, use, storage, and disclosure of personal information is governed by our Privacy Policy.
The Privacy Policy is incorporated into these Terms by reference where applicable.
Privacy Policy: https://aquaticgallery.com/privacy-policy/
Please review the Privacy Policy for additional information concerning customer information, website data, communications, cookies or similar technologies, and SMS privacy.
PROMOTIONS, DISCOUNTS, AND GIFT CARDS
45. Promotions
Sales, coupons, promotional codes, discounts, giveaways, loyalty offers, and other promotions may have separate terms.
Unless otherwise stated, promotions cannot be combined with other offers and have no cash value.
Aquatic Gallery may correct errors or prevent fraudulent or abusive use of a promotion.
Any material restrictions will be disclosed with the applicable offer.
46. Gift Cards and Store Credit
Gift cards, certificates, store credits, and similar instruments are subject to the terms disclosed when issued and applicable law.
Aquatic Gallery may require reasonable verification before replacing a lost or compromised electronic gift card where replacement is available.
Nothing in these Terms authorizes expiration dates or fees that are prohibited by applicable law.
INTELLECTUAL PROPERTY
47. Ownership
Unless otherwise indicated, the Aquatic Gallery website and its original content are owned by or licensed to Aquatic Gallery.
This includes, where applicable:
logos;
brand names;
graphics;
photographs;
videos;
illustrations;
text;
product descriptions;
species profiles;
website designs;
software;
databases;
signage designs;
educational materials;
and other original content.
These materials may be protected by copyright, trademark, trade dress, or other intellectual property laws.
48. Limited Permission to Use Website Content
You may access website content for personal, noncommercial use.
You may not reproduce, republish, distribute, modify, sell, sublicense, scrape, commercially exploit, or create derivative works from Aquatic Gallery content without authorization except where such use is permitted by law.
49. Trademarks
Aquatic Gallery names, logos, designs, branding, and associated marks may not be used in a manner that falsely implies sponsorship, endorsement, affiliation, or authorization.
Third-party trademarks appearing on our website remain the property of their respective owners.
CUSTOMER-SUBMITTED CONTENT
50. Reviews, Photographs, and Submissions
If you voluntarily submit a review, testimonial, photograph, video, aquarium image, livestock image, comment, or other content to Aquatic Gallery for publication, you represent that you have the right to provide that material.
Unless otherwise agreed, you grant Aquatic Gallery a nonexclusive, royalty-free license to reproduce, display, format, and use the submitted content in connection with our website, social media, marketing, educational materials, and business operations.
This license does not transfer ownership of your original content to Aquatic Gallery.
Aquatic Gallery will not knowingly publish private customer communications as testimonials without appropriate authorization.
THIRD-PARTY SERVICES
51. Third-Party Websites and Platforms
Aquatic Gallery may link to or interact with third-party websites, payment processors, shipping carriers, social networks, marketplaces, financing providers, mapping services, manufacturers, or other services.
Those third parties operate independently and may have their own terms and privacy policies.
Aquatic Gallery does not control and is not responsible for third-party websites or services except to the extent required by applicable law.
52. Marketplace Purchases
Products offered by Aquatic Gallery through a third-party marketplace may also be subject to that marketplace’s rules and customer protections.
Where mandatory marketplace requirements conflict with these Terms for a marketplace transaction, the applicable marketplace requirement will control to the extent of the conflict.
DISCLAIMERS
53. Website Availability
Aquatic Gallery attempts to maintain accurate and functional online services but does not guarantee uninterrupted or error-free website operation.
The website may occasionally be unavailable because of maintenance, updates, outages, security issues, third-party service failures, or circumstances outside our control.
54. Information Accuracy
Aquatic Gallery may correct or update website information at any time.
We do not warrant that every historical page, archived product listing, search result, cached page, or third-party reproduction of Aquatic Gallery content remains current.
Customers should contact us if a particular specification is material to a purchase decision.
55. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
AQUATIC GALLERY DISCLAIMS WARRANTIES CONCERNING THE WEBSITE OR ONLINE SERVICES THAT MAY LAWFULLY BE DISCLAIMED.
THIS PROVISION DOES NOT DISCLAIM OR LIMIT ANY EXPRESS PRODUCT WARRANTY, WRITTEN GUARANTEE, MANUFACTURER WARRANTY, STATUTORY WARRANTY, OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE DISCLAIMED.
LIMITATION OF LIABILITY
56. Limitation of Liability
To the fullest extent permitted by applicable law, Aquatic Gallery will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising solely from use of the website or a transaction with Aquatic Gallery when such damages may lawfully be excluded.
This may include, where permitted by law, loss of anticipated profits, loss of data, loss of aquarium livestock beyond the particular livestock covered by an applicable guarantee, or similar consequential losses.
Any limitation of liability applies only to the extent permitted by applicable law.
Nothing in these Terms is intended to exclude or limit liability for fraud, willful misconduct, gross negligence where it cannot legally be limited, personal injury or death where such liability cannot legally be limited, or any other liability or consumer remedy that cannot lawfully be excluded.
57. Aquarium and Livestock Losses
Aquarium systems are complex biological and mechanical systems.
Equipment failure, electrical outages, plumbing failures, heater malfunctions, contamination, disease, aggression, water-quality changes, human error, and many other events may cause losses.
Unless Aquatic Gallery expressly accepts responsibility through a written agreement or guarantee, Aquatic Gallery is not responsible for consequential losses to livestock, aquarium contents, property, or equipment resulting from a product failure, livestock introduction, compatibility issue, customer husbandry decision, or other event outside Aquatic Gallery’s reasonable control.
Manufacturer warranties and applicable law remain unaffected.
INDEMNIFICATION
58. Misuse of Services
To the extent permitted by law, you agree to be responsible for losses or claims arising from your unlawful misuse of Aquatic Gallery’s website or services, your infringement of another party’s rights, or material violation of these Terms.
This section is not intended to make a customer responsible for Aquatic Gallery’s own negligence, unlawful conduct, or obligations that cannot lawfully be transferred to a consumer.
FORCE MAJEURE
59. Events Outside Reasonable Control
Aquatic Gallery will not be responsible for delay or failure to perform obligations caused by circumstances reasonably outside our control.
Examples may include severe weather, natural disasters, power failures, utility failures, fire, flooding, transportation disruptions, carrier delays, epidemics, governmental restrictions, import or export restrictions, supplier interruptions, civil disturbances, labor disruptions, internet failures, or widespread telecommunications failures.
Where such an event affects a paid order that cannot reasonably be fulfilled, Aquatic Gallery will provide the remedy required by applicable law or the applicable transaction terms.
TERMINATION AND REFUSAL OF SERVICE
60. Refusal of Service
Aquatic Gallery reserves the right to refuse service where reasonably necessary because of fraud, threats, harassment, abuse, unlawful behavior, repeated violation of store policies, animal welfare concerns, safety concerns, or other legitimate business reasons.
Aquatic Gallery will not refuse service for an unlawful discriminatory reason.
61. Website Access
Aquatic Gallery may suspend or terminate access to online services where a user materially violates these Terms, attempts to compromise our systems, engages in fraud, or otherwise uses our services unlawfully.
DISPUTES AND GOVERNING LAW
62. Contact Us First
If you have a problem with an order, product, livestock purchase, service, or other transaction, we encourage you to contact Aquatic Gallery first.
Many issues can be resolved through direct customer service.
Nothing in this section prevents a customer from exercising rights available under applicable law or contacting an appropriate governmental agency.
63. Governing Law
These Terms and transactions with Aquatic Gallery will be governed by the laws of the Commonwealth of Kentucky, without regard to conflict-of-law principles, except where federal law or another jurisdiction’s mandatory consumer protection law applies.
64. Venue
To the extent permitted by applicable law, legal proceedings arising from these Terms or a transaction with Aquatic Gallery may be brought in a court of competent jurisdiction serving Madison County, Kentucky.
This provision does not eliminate any venue or jurisdictional rights that applicable consumer law does not permit a business to waive.
65. Consumer Rights
Nothing in these Terms is intended to waive, restrict, disclaim, or eliminate a consumer right or remedy that cannot lawfully be waived.
If a provision of these Terms conflicts with mandatory consumer protection law, the mandatory law controls.
GENERAL PROVISIONS
66. Entire Agreement
These Terms, together with any applicable order confirmation, written warranty, guarantee, return policy, service agreement, special-order agreement, Privacy Policy, SMS Terms, or other transaction-specific terms, constitute the applicable agreement between you and Aquatic Gallery concerning the relevant transaction or service.
67. Conflicting Terms
If these general Terms conflict with a more specific written policy applicable to a particular transaction, product, service, promotion, guarantee, or order, the more specific policy controls with respect to that subject.
68. Severability
If any provision of these Terms is determined to be invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary to make it enforceable where permitted.
The remaining provisions will continue in effect.
69. No Waiver
Aquatic Gallery’s failure to enforce a provision of these Terms on one occasion does not constitute a permanent waiver of that provision.
70. Assignment
Customers may not transfer contractual rights or obligations associated with an account, service contract, special order, or custom project without Aquatic Gallery’s consent where such consent is reasonably necessary.
Aquatic Gallery may transfer its rights and obligations in connection with a merger, acquisition, restructuring, sale of the business, or transfer to an affiliated or successor entity, subject to applicable law.
71. Headings
Section headings are provided for readability and do not independently alter the meaning of these Terms.
72. Electronic Records
Where permitted by law, electronic records, order confirmations, electronic signatures, online acceptances, text communications, and other electronic communications may satisfy requirements that information or agreements be provided in writing.
CHANGES TO THESE TERMS
73. Updates
Aquatic Gallery may revise these Terms periodically to reflect changes in our services, policies, technology, operations, or applicable law.
The revised Terms will be posted with an updated “Last Updated” date.
Unless otherwise stated, updated Terms apply prospectively from their effective date.
Material changes will not retroactively alter an already completed transaction where doing so would violate applicable law or the terms in effect when the transaction occurred.
Continued use of our website after revised Terms become effective constitutes acceptance of the revised Terms with respect to subsequent website use.
CONTACT INFORMATION
74. Contact Aquatic Gallery
Questions about these Terms & Conditions may be directed to:
Aquatic Gallery
Richmond, Kentucky
United States
Website: AquaticGallery.com
Email: hello@aquaticgallery.com
Telephone: +1-859-696-CORAL
For SMS assistance, text HELP to the Aquatic Gallery customer-support number.
For SMS opt-out requests, text STOP.
RELATED POLICIES
These Terms should be read together with the policies applicable to your interaction with Aquatic Gallery:
Privacy Policy
https://aquaticgallery.com/privacy-policy/
SMS Terms & Conditions
https://aquaticgallery.com/terms-and-conditions/
Shipping Policy
https://aquaticgallery.com/terms-and-conditions/
Returns & Refunds Policy
https://aquaticgallery.com/terms-and-conditions/
Live Arrival / Livestock Guarantee
https://aquaticgallery.com/terms-and-conditions/