Terms & Conditions

Living Reef Limited - Website Terms and Conditions

1. Terms of use
2. Privacy and Security
3. Currencies
4. Orders and Deliveries
5. Risk (exception livestock)
6. Returns Policy (exception livestock)
7. Livestock
8. Cancellation
9. Consumer's Guarantee Act 1993

Welcome to the Living Reef Limited website

Please review the following terms and conditions which govern the use and purchase of products from our site. By accessing ,browsing ,or using this Site ,you acknowledge that you have read, understand and agree to be bound by these terms .
This website (“site”) is operated by Living Reef Limited. These terms of sale apply to your purchase of products via our site.

Terms of Use

Intellectual Property Rights

All intellectual property on this site, including without limitation any trade marks ,text, graphics and copyright , is owned by us or our content suppliers. We are the exclusive owner of all rights in the compilation, design and layout of this site.

Right to Use Site and Content

You may use this site only for the purposes for which it is provided. You must not use this site for fraudulent or other unlawful activity or otherwise do anything to damage or disrupt this site.

Content

We endeavour to ensure that any content will be current ,accurate or complete when you access it. However any error or inaccuracy which is brought to our intention will be dealt with within a reasonable time.
This site may contain links to other websites owned and operated by third parties and which are not under the control of us. In relation to any linked sites we provide these as a convenience to you and the existence of such a link does not imply any endorsement by us of the linked site and we are not responsible for any material contained on those sites.

Privacy & Security

When you register for an online account you are granting us permission to store your personal information.

Use

We will only use personal information about you for the following reasons.

1. To create an online account for you
2. To record and process your orders
3. To add to our database so we may inform you of specials, promotions, offers and events via email or post
4. To respond to your queries
5. Any other reasons which we may notify at the time information is collected

Disclosure

We may share your personal information

1. To our service providers (e.g in order to store information)
2. Where the disclosure is in connection with one of the purposes for which the information was collected.(e.g to courier companies to enable deliveries )
3. Where we are required or authorised by law to make disclosure

Except as provided above, we will not share your personal information with any third party

Correct Information

We will take all reasonable measures to ensure that personal information held by us is accurate and up-to-date. You are entitled to know as to whether or not we hold personal information about you and you are entitled to reasonable access to this information. You may also request:

1. That we correct this information if it is inaccurate;
2. That your details do not appear on our database.
3. You can make changes to your personal information , by contacting us using the "Contact Us" page on this site.

Emails

If you would not like to receive emails from us regarding products, offers and promotions you will have the opportunity to unsubscribe. If you unsubscribe, you will continue to receive emails specifically related to your online sales.

Currencies

All prices displayed are in New Zealand Dollars (NZD).

Orders and Deliveries

When we receive an order we will validate the order and confirm the order via email that it has been received and being processed.
Delivery will be made by courier of our choice.
We intend to deliver all products within 3 to 5 working days of us confirming receipt of the order.
This is an estimate only and may be subject to delays beyond our control.
If we are not able to supply the products or there is likely to be a significant delay in making delivery (e.g. because the product is out of stock), we will notify you as soon as reasonably possible, in which case you may cancel the order and you will receive a refund. We will not otherwise be liable to you for any damages, costs or expenses of any kind, suffered or incurred by you due to the order not being fulfilled or the products not being delivered within the anticipated delivery time.

Risk (exception livestock)

The risk of any loss of, or damage to, the products will pass on to you on delivery.

Returns Policy (exception livestock)

We will accept returns up to 14 days from the date you receive your goods. The product must be returned in the same condition you received them in and in the original packaging for a full purchase price refund.

Unfortunately, we are unable to provide free returns for customers unless due to an order error. We would recommend any returns by courier and be able to tracked and traced. We will notify you via e-mail of your refund once we've received and processed the returned item. You can expect a refund in the same form of payment originally used for purchase within 7 business days of us receiving your return.

Livestock

Living Reef Live Shipping Guarantee. Living Reef will apply a store credit on any Livestock that is Dead On Arrival. Does not include shipping costs.  Any DOA needs to be notified to Living Reef via email to info@livingreef.nz with photos no later than 5.00pm on *delivery day. The store credit can be used on any Living Reef product. Living Reef is not liable for any loss or late delivery incurred by the Courier.  Living Reef is not liable for any livestock after *delivery day.

Some photographs of livestock on this web site maybe indicative only and will not show actual corals, fish or invertebrates. We do recommend you do your own research for species you wish to buy. You are welcome to give us a call and ask our staff about a particular item you wish to buy.

Living Reef Limited reserves  the right to cancel your purchase if we discover livestock is not in good health. A full refund will be issued immediately .

*Delivery Day- day which is notified to the buyer via Living Reef email to expect delivery. Delivery Day ends 5.00pm.  Day is to be confirmed by buyer via return email before despatch.

Cancellations

Please read the following policy carefully - buying any of our products online means that you agree to this. All cancellations require an early notification before dispatch.

Please note that you will remain liable for full payment of the price of the purchased item should you fail to provide an cancellation notice within 12 hours of the transaction. To cancel your order: Please call the 03 348 8154 or email us within 12 hours of your purchase quoting your order number. Your refund will then be processed.

Exchange

If you have chosen the wrong size, or the item doesn't suit after all and you would prefer something else. As long as you can return the item with the original packaging we are happy to exchange your purchase.

We will pay for the postage of the replacement item.
If you have any queries or problems regarding your order please contact us with your order number and we will sort things out for you as soon as possible.

Consumer's Guarantee Act 1993

If the products are subject to the New Zealand Consumer’s Guarantee Act 1993 you may have statutory rights and remedies nor limited by the above provisions unless you are acquiring the products for business purposes.
Should you consider that the item purchased has been damaged on arrival or has a manufacturing fault please contact us via our contact page. We will organise with you the return of the item for assessment. After the assessment we will approve repair, a replacement or a refund as appropriate. Where it is not possible or practical to repair a product ,we will replace the product with the same or similar product if available. Should a replacement not be available you will be given the opportunity to either exchange it for another product to the same value as your original purchase price or a full refund depending on your preference. Should the product be outside it’s warranty conditions ,or the fault is caused through fair wear and tear, we should be able to get the product repaired at the customers expense.

All Liability Excluded

To the extent permitted by law

• All warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limitation, suitability, fitness for purpose accuracy, or completeness of this site or the content on or accessed through it, and we will not be liable for any damages, losses, or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this site or the content on or accessed through it
• If your use of this site or its content is subject to the New Zealand’s Consumers Guarantees Act 1993, you may have rights or remedies which are not excluded nor limited by the above.

Force Majeure

We will not be responsible for any delay or failure to comply with our obligation under the terms of sale if the delay or failure arises from any cause which was beyond our reasonable control. This does not affect your statutory rights.

Amendments

We may amend these terms of use from time to time ,so you should check and read these terms of use regularly. By continuing to use this site after any such amendment you are deemed to have agreed with the terms of use.

Jurisdiction and Governing Law

These terms of use and any matters or disputes connected with this site will be governed by New Zealand laws and will be dealt with in new Zealand courts.