1. Definitions

1.1 “Buyer” means the person who buys or agrees to buy the Products/Animals from the Seller.

1.2 “Seller” means Coral Cultivations, 6-7 Coelus Street, Hull HU9 1AX

1.3 “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

1.4 “Delivery date” means the date specified by the Seller when the Products are to be delivered.

1.5 “Price” means the price for the Products/Animals including carriage, packing and VAT.

1.6 “Products/Animals” means those goods specified.

2. Conditions applicable

2.1 Nothing in these conditions shall affect the Buyer’s statutory rights as a consumer.

2.2 The Seller shall sell and the Buyer shall purchase the Products/Animals in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders placed via the Seller’s Web site, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.

2.3 Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

2.4 If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.

3. Payment and Deposit
3.1 Save as provided otherwise herein the Price shall be that as stipulated on the Seller’s Web site or published catalogue current at the date of order of the Products/Animals. In the event of any increase in the cost to the Seller, or any variation in exchange rate the Seller may increase the Price payable under the contract upon written notice. If the Seller gives notice of price increase, the Buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the Seller within seven days of delivery of the notice of price increase to the Buyer.

3.2 Where products/Animals are held in stock by the Seller at the time the Buyer places an order, payment of the Price shall be due at the date of the order. Where Products/Animals are not held in stock by the Seller at the time the Buyer places an order, payment will be requested in full once the Products/Animals are ready for delivery. For Metal Halide lighting equipment and Fit Filtration products a deposit of 25% is required on order, with the balance payable in full prior to collection/delivery.

3.3 All items/Animals will remain the property of the Seller until paid for in full.

4. Cancellation & Returns
4.1 Under the Consumer Protection (Distance Selling) Regulations 2000 the Buyer has the right to cancel an order and receive a full refund for any item or service, with the exception of bespoke or personalised items, please note that live animals and purpose-built aquariums and related products fall within these exceptions. Livestock cannot be returned as due to the delicate nature of the animals they would be unlikely to survive the return trip If the Buyer is dissatisfied with his/her Animals he/she should contact the seller by letter or email to discuss the situation. As mentioned in the delivery terms and conditions the seller cannot be held responsible for damages incurred during transit – such claims should be made directly with the carrier.

4.2 For Animals, any deposit paid by the Buyer when ordering is non-refundable and shall not be refunded if the Buyer subsequently cancels the order.

4.3 Insofar as is permitted by law, the Seller’s only liability to the Buyer under these terms and conditions will be, at the Seller’s sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by the Buyer in a damaged or defective state or to refund to the Buyer any sums actually paid by the Buyer for the goods in question. The Seller will not be liable to the Buyer for any indirect or consequential loss or damage arising out of any problem the Buyer notifies to the Seller and will have no liability to the Buyer for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond the Seller’s reasonable control.

5. Delivery
5.1 Delivery of the Products shall be made by the Seller or his agent notifying the Buyer that the Products are available for collection at the Seller’s premises or for delivery to such place as the Buyer may specify at the time the order is placed.

5.2 The Seller shall use his reasonable endeavours to meet any date agreed for delivery.

5.3 In any event time of delivery shall not be of the essence.

5.4 The Seller shall not be liable for any delay in delivery howsoever caused.

5.5 All orders must be signed for on delivery, and it is the customers responsibility to ensure that there is someone available to sign for and accept the delivery.

5.6 The Buyer shall have full responsibility for ensuring that there is suitable delivery access for all Products that are ordered. The Seller accepts no responsibility for failure to deliver any item due to restricted access.

5.7 The Seller delivers to most areas of the UK, but this is subject to change and at the Seller’s discretion.

5.8 All delivery charges quoted on this Web site are applicable to mainland UK addresses. The Seller will inform the Buyer of any additional charge for delivery to offshore and overseas addresses before processing payment.

5.9 Generally, where an order contains more than one item all items will be delivered at the same time once all items are available.

5.10 You will be informed of a delivery date on order.

5.11 The Seller cannot be held responsible for any damage incurred during delivery – any such claims need to be made directly with the carrier involved.

6. The Products

6.1 Photographs shown on the Seller’s Web site and catalogue are for illustrative purposes only, no two individual animals are ever the same, the Seller can only show ‘examples’ of each species on the website.

6.2 All measurements shown on the Seller’s Web site and catalogue are approximate.

6.3 Unless otherwise stated the photos on the website show parent animals from which the frags are taken, where practical photos of the individual frags are also shown. If requested by the customer photos can be emailed of the frags allocated to their order, prior to delivery.

7. Title and risk
7.1 Risk or damage to or loss of the Products/Animals shall pass to the Buyer upon despatch to the carrier.

7.2 Notwithstanding any other provision herein title in the full Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.

8. General
8.1 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 circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller’s premises, manufacturing plant or its agent’s premises, breakdown of plant or machinery or shortage or unavailability of animals from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

8.2 This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising shall be determined exclusively by the Courts of England and Wales.