These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, https://www.reefmachine.com (“Our Site”). These Terms of Sale, as well as any and all Contracts are in the English language only.
Please read carefully and ensure that you fully understand and accept them before ordering from Our Site; we recommend saving a copy for future reference.
You will be required to confirm that you understand and accept these Terms of Sale when ordering from our site. If you do not agree to comply with and be bound by these Terms of Sale, you must not place an order through Our Site.
Definitions and Interpretation
means a contract for the purchase and sale of Goods
means “living coral & invertebrates”, sold by Us through Our Site;
means “dead on arrival”; referring to live goods that perish during transit.
means your order for Goods;
means our acceptance and confirmation of your Order;
means the reference number for your Order; and
means Reef Machine (as per Clause 1).
means the customer / consumer.
Gift Voucher Terms & Conditions: Gift voucher code may be redeemed once against goods sold at reefmachine.com, excluding delivery charges, up to face value or higher price upon payment of the difference. One voucher or coupon code permitted per transaction. Non-refundable & not exchangeable for cash. No liability is accepted for replacement of lost, stolen, damaged / defaced vouchers. Multiple gift vouchers may be redeemed individually to buy account credit (valid for 1 year) to put towards livestock purchase.
1. Information About Us
https://www.reefmachine.com is owned and operated by Reef Machine®, a Partnership registered in England; Partners Mr Joseph Summerfield-Brookes & Mrs Sophie Summerfield-Brookes.
We reserve the right to update these terms at any time; please check back regularly to make yourself familiar with any changes.
3. Access and Use of Our Site
4. Business Customers
These Terms of Sale do not apply to customers purchasing Goods and/or Bespoke Goods in the course of business. Please contact us prior to placing an order.
5. Perishable Goods, Pricing & Availability
We make all reasonable efforts to ensure that descriptions and graphical representations of Perishable Goods available from Us correspond to the actual Perishable Goods that you will receive. Please note, however, the following: Images are for illustrative purposes only. Slight variations may occur between image and actual item sold due to differences in computer displays and lighting conditions; this does not exclude Our responsibility for mistakes and refers only to minor variations of the correct Perishable Goods, not to different ones altogether. Please refer to Clause 11 if you receive incorrect Goods and/or Bespoke Goods.
We cannot guarantee Perishable Goods will always be available and all goods are advertised subject to availability; stock indications should be deemed as a guide only.
We make all reasonable efforts to ensure that prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.
All prices & descriptions are checked by Us before We accept your Order; in the unlikely event that We have shown incorrect pricing &/or description information, we will not be obliged to supply the goods; we will contact you via e-mail to inform you of the error. If the correct price is lower than that shown when you made your Order, we will charge you the lower amount and continue processing your Order. If the correct price is higher / description is incorrect, We will give you the option to purchase the Perishable Goods at the correct price &/or description or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 2 days, We will treat your entire Order as cancelled, notify you via email & issue a full refund within 14 days via original payment method.
If the price of Perishable Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
Delivery charges are not included in the price of Goods advertised on Our Site. Please refer to https://reefmachine.com/information/delivery-live-arrival-policy/ for delivery option(s); charges will be presented to you as part of the order process. Delivery charges relating to Perishable Goods are non-refundable.
6. Orders – How Contracts Are Formed
Our website will guide you through the ordering process. Before submitting your Order, you will have the opportunity to review your Order and amend it; please ensure that you have checked your Order carefully before submitting it. If you provide us with incorrect or incomplete information during the order process, please contact us as soon as possible. If We are unable to process your Order due to incorrect/incomplete information, we will contact you to ask you to correct it. If you do not give us the accurate/complete information within a reasonable time of Our request, we will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, we may pass those costs on to you.
No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
Order Confirmations shall contain the following information: Order Number; Confirmation of Goods ordered; itemised pricing for the Goods including, where appropriate, taxes, delivery and other additional charges; Estimated delivery date(s) and time(s).
In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will provide written notice. If payment has been processed, a full refunded will be processed as soon as possible and in any event, within 14 days of us notifying you.
Any refund due under this Clause will be made using the same payment method that you used when ordering the Goods.
Payment for Goods and related delivery charges must be made in advance and you will be required to pay during the order process via Paypal, strictly no e-cheques. If e-cheque is received, order will not be accepted & goods will not be reserved. e-cheque process cannot be cancelled by us & is subject to your bank & Paypal processing time. Once e-cheque clears, funds will be refunded at our earliest convenience. See Clause 10 for delivery address.
You may cancel your order any time up to midday on dispatch date by providing notice by email email@example.com or submit contact form on our website. Cancelled orders will be credited in full for 1 year on account or refunded less 20% restocking fee within 14 days of your request to cancel to the original payment method.
Due to the perishable nature of goods, cancellations received after 12pm on dispatch date will not be accepted and no refund will be provided.
Due to the sensitive, perishable nature of goods and for hygiene purposes, returns are not accepted.
Deliver is within Mainland United Kingdom & Northern Ireland only. Exclusions: Channel Islands, Isle of Wight, Isle of Man, Scilly Isles, Scottish Highlands, Scottish Islands, Ireland, PO BOX & other non-Mainland UK addresses.
You are required to request a suitable dispatch day during checkout within 5 working days; cut off time for next day dispatch: 11pm, subject to availability. With the exception of unsuitable weather conditions, we are unable to hold orders beyond 5 working days.
In accordance with Paypal policy, we can only post to your Confirmed Paypal delivery address stated on Paypal transaction. If required, please change 'Send to' address in Paypal at checkout before clicking 'Pay Now' - it's not possible to amend / send to an alternative address once payment is sent.
It is your responsibility to ensure all address and contact details we hold are correct; we shall not be liable for any loss or damage which may arise from incorrect or incomplete delivery and/or contact information.
You will need to be available to sign for delivery first attempt at your specified Paypal Delivery address, carefully inspect each item immediately and appropriately acclimatise or follow our DOA Policy claims procedure (Clause 12).
Orders received without requested delivery date(s) at checkout with no arrangements made within 2 working days will result in automatic cancellation.
We aim to dispatch goods in accordance with your order usually within the stated delivery time (except in exceptional circumstances), subject to availability. We reserve the right to postpone delivery for any reason & will contact you to reschedule, when necessary.
In the event that you do not receive your order between pre-scheduled delivery times, you must notify us immediately. We do not accept liability for any issue arising from failed/delayed delivery but will endeavour to assist, in any event.
11. Incorrect or Damaged Goods
Goods should be carefully inspected on receipt; If you receive incorrect or damaged Goods, you must contact Us immediately at firstname.lastname@example.org within 1 hour of accepting delivery (first attempt) to inform Us and arrange for a refund or a replacement, subject to availability. Incorrect / Damaged goods must be returned in original sealed packaging. Your available remedies will be as follows: To return Goods to Us under this Clause 11, please contact Us at email@example.com to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this Clause 11 and will reimburse you where appropriate. Refunds (whether full or partial, including reductions in price) under this Clause 12 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
Any refund issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased and will be made using the same payment method that you used. You will not be eligible to claim under this Clause 11 if We informed you of the damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of misuse or intentional or careless damage.
Please note that you may not return Perishable Goods to Us under this Clause 11 merely because you have changed your mind.
For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
12. DOA Policy 'Live Arrival Guarantee'
Despite our best efforts, live coral may perish during transit & for peace of mind, we offer a Live Arrival Guarantee, subject to the following conditions;
- Part of order DOA: We'll offer a replacement if available or refund purchase price of affected coral, excluding delivery charge;
- Complete order DOA: We'll offer a replacement if available or issue a full refund, including delivery charge;
If preferred, refund can be issued as account credit to put towards a future order.
- Parcel must be accepted first delivery attempt at confirmed Paypal delivery address & carefully inspected without delay before opening transparent, heat-sealed packaging.
- Any concerns, clear digital photos (not distorted / blurry) of affected item in original, unopened (sealed) packaging must be provided within 1 hour of tracked delivery to firstname.lastname@example.org, even if water is murky; await further instruction in this case as opening sealed packaging voids guarantee.
- Affected item(s) must remain sealed & temperature acclimated whilst you await our response.
- No goods should be disposed of or returned without our prior written consent.
- If we deem further observation is required to allow recovery from shipping stress, we'll provide instructions.
- We may require you to return affected goods with all original packaging & if necessary, will provide a pre-paid returns label. Any refund for affected goods will be issued within 14 days of receiving tracked return.
Reasonably, due to the sensitive, perishable nature of goods & variables beyond our reasonable control that can adversely affect coral including but not limited to handling, acclimation procedure / methods etc., no extended warranty of guarantee is provided. No liability is accepted for any issue arising once sealed packaging is opened or in event of late / missed delivery, unclear / missing / delayed photos or contact, no exceptions.
LATE DELIVERY: If your order fails to arrive when expected, please inform us immediately. Whilst we're not responsible & accept no liability for postal service delays/mis-handling, we'll do our best to help.
All goods are advertised subject to availability. Whilst we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply the goods ordered by you &/or on careful inspection, the goods fail quality inspection, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. Where goods are out of stock / in unsuitable condition, we will refund you the price paid for the goods as soon as possible and in any case, within 14 days.
14. Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include but are not limited to: delivery service provider failure, power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control. If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
- We will inform you as soon as is reasonably possible & take all reasonable steps to minimise the delay;
- To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
- If the event outside of Our control continues for more than 14 days, We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;
- If an event outside of Our control occurs and continues for more than 14 days and you wish to cancel the Contract as a result, you may do so by contacting Us using the following details: E-mail: email@example.com; In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refund due to you as a result of this Clause 14 will be paid to you as soon as is reasonably possible and in any event, within 30 days of the date on which the Contract is cancelled.
15. Other Important Terms
We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you will be affected and are not happy with them.
Unreasonable behaviour will not be tolerated; we reserve the right to refuse to serve, suspend / deactivate any account through any evidence of misuse / non-compliance, without notice.
16. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.