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Terms and Conditions

Agreement

This page contains the terms and conditions under which Mellow Aquatics allows use of the website, mellowaquatics.com, and under which Mellow Aquatics is willing to sell to customers. By using this website or placing an order on this website, you agree to these terms and conditions.

How the Website Works

Most of the items on the website have an inventory of 1. When someone purchases the item, it disappears from the website. So if an item with an inventory of 1 is shown, it means it's available.

Two or more people have same available item in their shopping carts at the same time. However, the first person to complete their online payment transaction will get the item and it will drop out of the other orders. 

Sometimes we receive orders by email from a customer who doesn't want to use the shopping cart. We do accept emailed orders with a list of item IDs. However, these orders will be filled if the items are available at the time we read the email and process the order. 

The same is true for orders mailed through the postal system with a money order.

Minimum Order

Mellow Aquatics does not have a minimum order. However, if overnight express service is needed (mainly in winter) customers should consider that for small orders the cost of shipping may be great in relation to the items.

Order Acceptance

Orders may be placed by using the shopping cart on our website or by sending a list of item ID numbers by email.

Most orders are filled as placed. However, your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Mellow Aquatics reserves the right at any time after receipt of your order to accept or decline your order for any reason or without reason. 

Payments

Mellow Aquatics accepts 1) PayPal,  2) debit and credit cards, 3) money orders, 4) Western Union or MoneyGram.

1) PayPal is convenient and secure and has worked well for us. Through PayPal you can pay with funds in your PayPal account, by credit or debit card, or by bank transfer.

2) We also accept Debit and Credit Card transactions. In this case, PayPal serves as the credit card processor just like processors on any other website. A PayPal account is not required to pay by Debit or Credit card even though PayPal is the card processor we use. Instructions are provided on our checkout page.

3) We accept money orders shipped to the following address:

Mellow Aquatics
922 Gaskill Avenue
Jeannette, PA 15644

If you wish to pay by money order, email us the following:

a) a list of ID numbers for the items you wish to order
b) name, address, phone number
c) preferred delivery day (WED THU FRI or SAT)
d) commitment to send money order promptly

We will respond with an order total.

We ask that  money orders are mailed within 24 hours of receiving the total. 

See "Hold Policy" for more information about orders paid for by money order.

4) Western Union and MoneyGram are accepted from all customers. These are the only forms of payment accepted from international customers requesting shipment to domestic locations.

Taxation

Mellow Aquatics shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Pennsylvania. For orders shipped to other states, the customer is solely responsible for any applicable tax.

Promotions and Promotion Restrictions

Mellow Aquatics
 offers a new subscriber discount to customers signing up for our notification list. We also offer occassional promotions to subscribers in the form of discount coupon codes. 

These promotions have restrictions: Promotions can only be used for purchasing items through the online checkout system. Only one promotion can be used per order. Promotion expiration dates are strictly adhered to. Some products are excluded from promotions; for example, we might have a sale on Single Angels and Angelfish Groups which does not apply to Catfish or other livestock sold on the site. Promotions do not apply to Custom Orders.

Hold Policy

We hold purchased items up to the 7 days without charge and ask that customers
 choose delivery dates that allow us to ship within 7 days of placing an order. For each day over 7 days that tems are held, a 2% daily hold fee will be charged. The hold fee is 2% of the actual value of the ordered items, not necessarily the amount paid. For example, if a discount code was used, the hold fee would be 2% of the original price, not 2% of the discounted price. The hold fee is not applied to shipping costs.

Hold policy for orders paid by money order: If you're paying by money order, we ask that you send your money order the same day you order. We will not sell the items for 3 days. If the money order doesn't arrive by the 3rd day, we will make the items available for purchase by other customers on the website and your money order will be returned.

Orders paid by money order must be shipped within 4 days of our receiving the money order. Continued holding for a hold fee is not an option.

Shipping

We schedule shipments to arrive on the delivery dates requested by customers. Most packages arrive on time without incident but a few packages arrive late. We do not guarantee on-time delivery. If a package is late for any reason, Mellow Aquatics does not provide shipping cost refunds.

The customer is responsible for scheduling delivery for a day when someone is available to receive the package and on the day(s) after in case of lateness. Shipments can be made to your home, to your workplace, or to the address of a friend, relative, or neighbor. We can also ship to the post office or UPS customer center for pickup, which is preferred during severe weather.

Add-ons

If there's enough time before shipping an order, more items can be added by placing a second order. The two orders will then be combined and shipped together. 

If the add-ons are ordered from the website a second ship charge will be billed.  However, all or most of this will be refunded depending on whether a larger shipping box is needed.

Cancellations and Substitutions

Cancellations and substitions are discouraged.

However, if a cancellation or substitution is necessary it can be requested by a customer and must be requested by email. We do not accept cancellations by any other form of communication.

Mellow Aquatics is not obligated to grant cancellations or substitutions for any reason whatsoever even if the request was sent in advance of the ship date. Should we decide to grant a request for cancellation or substitution, a fee will be withheld equal to 20% of the order subtotal before shipping and discounts. In the case of substitutions, discounts will not be applied to the new items. 
 
Mellow Aquatics gives credits on future orders, not refunds, for cancellations and/or substitutions.

Returns

Mellow Aquatics does not accept returns.

Guarantees

Live delivery is guaranteed.

Credits, Refunds, Mistakes

Mellow Aquatics gives credits on future orders for mistakes, losses of guaranteed items, and order cancellations.

Mellow Aquatics does not offer refunds for any reason whatsoever.

Mellow Aquatics works very hard at breeding fish, raising them, managing an inventory, photographing, processing, creating online products, uploading, broadcasting, invoicing, order processing, scheduling shipments, dealing with special requests and changes, and more. It is a tremendous amount of work organizing a large array of items, each with an inventory of 1, that is constantly turning over, and Mellow Aquatics rarely makes mistakes in managing them. However, we're human and although it's not often, a mistake can happen. We work very hard to ensure safe arrival of live orders but some things are simply out of our control such as weather and performance of shipping companies. Again, there are very few mistakes, but they can happen. We do our best to prevent them.

That said:

In the event of a mistake in holding or sending an item, Mellow Aquatics will not be held liable for a mistake beyond the value paid for the item.

If an item has been listed for an incorrect price, Mellow Aquatics shall have the right to refuse or cancel an order for the item. Mellow Aquatics shall have the right to refuse or cancel any such order whether or not the order has been confirmed and whether or not payment has been made. If payment has already been made, a credit will be issued for no more or less than the erroneous amount.

Other Conditions

These Conditions will supersede any terms and/or conditions a customer includes with any purchase order, regardless of whether a representative of Mellow Aquatics agrees to them or not. 

Copyright and Trademark Notice

Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, and any versions no matter the extent of differences in versions since the inception of this site in 2003, are the sole property of Mellow Aquatics as protected by copyright law.  You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Links 

This site may contain links to other sites on the Internet that are owned and operated by other parties. You acknowledge that we're not responsible for the operation of or content located on or through any such site.

Limitations

Terms and conditions, prices, and availability are subject to change without notice.