1. Overview

Welcome to the Gallery Aquatica website (“Our Website”).

Gallery Aquatica offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here, including those relating to: FAQs, Shipping, Privacy Policy and Disclaimer

By visiting our site and/ or purchasing something from us, you agree to be bound by the following terms and conditions, including those additional terms and conditions (“Terms”) and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

You should check these Terms and the Privacy Policy regularly as it may change at any time. By visiting, browsing, shopping, accessing or otherwise using the website after a change has been posted to the website you accept that change.

2. Terms and Conditions of use

The term ‘Gallery Aquatica’ or 'us' or 'we' refers to the owner of the website. Our business registration number is 77 438 815 748. The term 'you' or 'your' or 'customer' refers to the user or viewer of this website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither Gallery Aquatica nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to Gallery Aquatica. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without Gallery Aquatica’s prior written consent.

3. Acceptance of your order

Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason.
If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

accept the alternatives we offer; or
cancel all or part of your order.

3. A full refund will be issued for any declined orders if you have already made payment for the order.

4. Price and Payment Policy

The price payable for the Goods that you order is clearly set out on Our Website.
All prices quoted on Our Website are based on Australian dollars (AUD) and are Goods and Services Tax (“GST”) inclusive. If you show by your delivery address that you reside outside the Commonwealth of Australia, GST will be deducted at the payment point.
Payment for the order can be made by any of the following methods:

Credit Card (Visa, MasterCard, Amex) - Immediate Clearance; or
PayPal - Immediate Clearance.

For all prices, products and offers, Gallery Aquatica reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances
If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollar will be borne by you.
Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.

5. Security of your credit card

We take care to make Our Website safe for you to use:

Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

6. Foreign taxes and duties

If you are not in the Commonwealth of Australia, we have no knowledge of, and no responsibility for, the laws in your country.
You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

7. Return and replacements – dry goods

These provisions apply in the event that you return any goods to us for any reason:

Gallery Aquatica does not warrant or guarantee that any good sold is compatible with any equipment already installed or in use by you. You must research the manufacturer’s specification before making any decision to purchase.
Gallery Aquatica will not accept a return or provide a refund should you change your mind or find the same of similar good elsewhere for a cheaper price.
Gallery Aquatica will not accept returns unless there was a defect in the goods at the time of purchase, or we have agreed in correspondence that you may return them.
Before you return the goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
The goods must be returned to us as soon as any defect is discovered, but not later than 14 days from the date of delivery.
So far as possible, goods should be returned:
1. with both goods and all original packaging as far as possible in their original condition, including all manuals, blank warranty cards, accessories and other documentation;
2. securely wrapped;
3. including our invoice and the delivery slip;
4. at your risk and cost.
You must tell us by email message to shop@galleryaquatica.com.au you that you would like to return goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a Returns Note. If you send Goods to us without a Returns Note, we may not be able to identify sufficient details to enable us to attend to your complaint.
In returning faulty good, please enclose with it a note clearly stating the fault and when it arises or arose.
If delivery was made to Australian address, you are also protected by the Competition and Consumer Act 2010 (Cth).
If we agree that the Goods are faulty, we will:
1. refund the cost of return carriage;
2. repair or replace the goods as we choose.
Due to hygiene reasons, Gallery Aquatica does not accept returns for food and supplement products.

8. Warranty for dry goods

Most of goods are covered by the manufacturer's guarantee for a minimum of 12 months. Please first check the plug, fuse, batteries and the manufacturer's operating instructions.
We recommend that you keep the original product packaging if possible. In the unlikely event that you require a warranty repair and you do not have the original packaging, you will bear the responsibility for safely packaging your goods for transport and Gallery Aquatica accepts no liability for any damage that may occur in transit.
Gallery Aquatica reserves the right to replace the product or relevant part with the same or equivalent product or part, rather than repair it. Where a replacement is provided, Gallery Aquatica reserves the right to replace the product or relevant part with the same or equivalent product.
Alternatively, if Gallery Aquatica is unable to repair or replace the product, you will be provided with a store credit or may be refunded the price of the product (at the original price the product was purchased, excluding the postage cost).
In the event that a replacement, refund, or store credit is provided, the faulty item will become the property of Gallery Aquatica.
Warranties on products purchased from Gallery Aquatica do not apply:

to consumable parts, such as dry food, frozen food, supplements and medications;
to cosmetic damage, to boxes, packaging or exterior surfaces including during transit);
to damage caused by use with another product;
to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause;
to damage caused by operating the product outside any guidelines published for use;
to a product that has been modified to alter functionality;
to defects caused by normal wear and tear or otherwise due to the normal ageing of the product;
if any serial number has been removed or defaced from the product;
where proof of purchase (invoice or paid order confirmation) cannot be provided;
to damage caused by failure to provide dry storage for non-submersible electronic products i.e. in aquarium cabinet that house open top sump filtration or in aquarium hood without proper ventilation.

9. Freight Policy – good damaged in transit

While Gallery Aquatica makes every effort to ensure our shipment packing conforms to the highest standard, it is your responsibility to ensure there are no breakages or missing items at the time of delivery.
All goods and invoices must be checked on arrival. Fragile items such as light tubes, heaters, aquarium tanks (glass or plastic) must be inspected on arrival to ensure they are intact.
Please refuse the delivery if you find shortages, incorrect or damaged goods in the shipment and notify us within 24 hours of receipt, otherwise claims will not be recognised.
By signing for and accepting a delivery you acknowledge that the product has arrived in good condition.
Gallery Aquatica does not take responsibility for goods if you have given authority to the courier to leave.

10. Terms and Conditions – Livestock and Corals

All livestock and coral orders shall be treated as an offer made by you to purchase a specific livestock from us.
Gallery Aquatica reserves the right not to accept the order should the livestock is deemed not fit for transport.
In the event that the livestock and/or coral is not fit for shipping, we will contact you and provide options for you to get a full refund, wait until the livestock is fit for transport or offer a replacement with similar livestock and/or coral.
Gallery Aquatica reserves the right to refuse the sale if you live in a State where the livestock and/or coral is declared to be noxious or illegal by the State Law.
Gallery Aquatica only ships livestock and corals from Airport to Airport due to the risky nature of shipping via local Couriers.
We utilises several courier companies including Australia Post and Fastway couriers.
Once we know what you would like to order and the relevant address at the destination Airport, please email us at shop@galleryaquatica.com.au for a precise shipping quote.
Title and risk of the livestock and corals shall pass to you (the Buyer) upon receiving the order.
You must be present and ready to receive the order at the relevant address at the destination Airport at the agreed date and time.
You are obligated to inspect the livestock and/or corals immediately upon receiving and shall notify Gallery Aquatica within the same day of delivery if the livestock arrived damaged or dead.
In the event that the livestock and/or corals arrive dead, you must provide us with photographic evidence (while the livestock and/or coral is still in sealed in the bag with Gallery Aquatica’s delivery tags on it) email it to shop@galleryaquatica.com.au within 12 hours of receiving the delivery. Failure to do so will result in any warranty being void.
Gallery Aquatica does not offer Dead On Arrival (DOA) replacement on any livestock or coral sent overnight.
Gallery Aquatica does offer DOA replacement on livestock and/or coral sent for same day delivery.
Freight delays or shipping damages are beyond our control and Gallery Aquatica cannot be held responsible for any damages or delays caused by the courier or freight company.
If you are not present upon delivery, our live guarantee will be void.
Gallery Aquatica will provide a 7-day livestock guarantee in the following circumstances:

You MUST NOT discard the deceased item without authorisation from Gallery Aquatica. Doing so will void all guarantees.
You notified us at (enter relevant Gallery Aquatica email address] email, including a photograph of both sides of the fish taken within 20cm of the specimen. The photo must be clearly visible and be of the fish out of water.
You must provide three (3) separate photographs of the relevant tank in question with a list of all other fish or inverts in the tank. These photographs must be taken of the within seven (7) of delivery of the livestock.

Gallery Aquatica will not take into consideration credits or refunds for livestock that are housed with incompatible species.
Please choose livestock carefully, as livestock that exhibit signs of physical abuse or damage due to harassment will not be covered. Signs of torn fins, or internal, external damage to the fish is explicitly not covered.
Once the livestock order has been dispatched, Gallery Aquatica will not accept returns.
All claims are on a case by case basis and Gallery Aquatica can refuse any claims without further notice if we feel they are of a fraudulent nature.
Gallery Aquatica updates photographs livestock and coral posted to its website on a weekly basis. These photographs are used for informational purposes only and any disputes on slight differences in colour and size will not be accepted as livestock and coral may vary.

11. Your account with us

You agree that you have provided, and will continue to provide Gallery Aquatica with accurate, up to date, and complete information about yourself. We need this information to provide you with the goods.
If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

12. Restrictions on what you may Post to Our Website

You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:

be malicious or defamatory;
consist in commercial audio, video or music files;
be illegal, obscene, offensive, threatening or violent;
be sexually explicit or pornographic;
be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
solicit passwords or personal information from anyone;
be used to sell any goods or services or for any other commercial use;
include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
link to any of the material specified above, in this paragraph;
send age-inappropriate communications or Content to anyone under the age of 18.

13. Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

hyperlinks, other than those specifically authorised by us;
keywords or words repeated, which are irrelevant to the Content Posted;
the name, logo or trademark of any organisation other than yours;
inaccurate, false, or misleading information.

14. How we handle your Content

Gallery Aquatica’s Privacy Policy is strong and precise. It complies fully with current law.
If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
You agree to waive off your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968 (Cth).
Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
Please notify us of any security breach or unauthorised use of your account.

15. Removal of offensive Content

For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. We may do so, however, without notice to you and without giving you a reason.
If you are offended by any Content, the following procedure applies:
1. your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email;
2. we shall remove the offending Content as soon as we are reasonably able; and
3. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide.
We may re-instate the Content about which you have complained or not.
In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
You now agree that if any complaint is made by you if of a frivolous or vexatious nature then you will repay us the cost of our investigation including legal fees, if any.

16. Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
download any part of Our Website, without our express written consent;
collect or use any product listings, descriptions, or prices;
collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
share with a third party any login credentials to Our Website.
Despite the above terms, we now grant a licence to you to:
1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent; and
2. you may copy the text of any page for your personal use in connection with the purpose of Our Website.

17. Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

your failure to comply with the law of any country;
your breach of this agreement;
any act, neglect or default by any agent, employee, licensee or customer of yours;
a contractual claim arising from your use of the goods; and
a breach of the intellectual property rights of any person.

18. Intellectual Property

We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

19. Miscellaneous matters

When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Any communication to be served on either party by the other shall be delivered by personal service or sent by express post or sent by express post or by e-mail. It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
This agreement does not give any right to any third party.
Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
The validity, construction and performance of this agreement shall be governed by the laws of the State of Queensland.