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Terms and Conditions

  1. Terms of use of the Happy Koi website 
Agreement
Happy Koi  and its affiliates (suppliers and service providers) provide their services to you subject to the conditions detailed in this agreement. By using the Happy Koi website and/or registering to shop at Happy Koi's website you confirm that you have familiarized yourself with the terms and conditions governing the conduct of parties accessing or using the Happy Koi website to trade and that you agree to be bound by these terms and conditions.
Your access to the Happy Koi website and use of any services provided by Happy Koi including any purchases made by you from Happy Koi are subject to terms and conditions established under the following headings.
  • Terms of Use of Happy Koi Website
  • Terms of Trade with Happy Koi 
  • Privacy and Security Statement
  • Intellectual Property Statement
  • Dispute Resolution
  • Compliance with statutory consumer protection provisions
Terms of Use of Happy Koi Website
Happy Koi grants you a limited license to access and make personal use of the Happy Koi website. You are not allowed to modify (other than page caching) the website or any portion thereof without the prior written consent of Happy Koi.
This license does not permit any resale or commercial use of the Happy Koi website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Happy Koi website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Happy Koi website so long as the link does not portray Happy Koi, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Happy Koi logo or other proprietary graphic or trademark, or those of their affiliates, as part of the link without prior written permission of the owner of the graphic or trademark.
Happy Koi may provide links from the Happy Koi website to other websites which may offer services to you and is not responsible for evaluating the content or offerings made on these websites.
  2. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE Happy Koi WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY SOUTH AFRICAN LAW, Happy Koi DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Happy Koi WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE Happy Koi WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Applicable law
The Happy Koi website and all communications and transactions concluded using the website, are governed by, and you agree to, the application of the laws of the Republic of South Africa. As the website is targeted at South African citizens and residents any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of any other jurisdiction are expressly waived by you.
  3. TERMS OF TRADE WITH Happy Koi
Invitation to do business
Only when Happy Koi has accepted your offer to purchase and the acceptance is communicated to you, will an enforceable agreement of sale be transacted.
Despite our best efforts, a small number of the products or services offered on the website may be mis-priced. If we discover a mis-pricing, we will do one of the following:
  • If the correct price is lower than our stated price, we will charge the lower amount.
  • If the correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before accepting your order or notify you that the order has not been accepted.
IMPORTANT:If any products or services are supplied and delivered to you directly by, or through, a third party, even though access to the products and services is gained through the Happy Koi website, the supply of these products and services may be subject to conditions which differ from those governing the terms of trade with Happy Koi. You shall be solely responsible for ensuring that you understand and agree to the terms and conditions governing the sale of these products and services. Place and time of agreement
Agreement as to the terms of use of the Happy Koi website shall be deemed to have be accepted by you at the time that you first accessed the Happy Koi website.
Backorders
Due to the popularity of some products or services, Happy Koi may not always have any products or services ordered by you in stock. Happy Koi will accept orders for out of stock products or services to ensure that you will be the first to receive the item once it becomes available. If the products and services ordered by you are not available or only a portion is available, you may cancel the order, or re-order the quantity that is available, or place a backorder. Once the products or services become available, it will be shipped to you.
Electronic communications
When you visit Happy Koi or send e-mails to us, you are communicating with us electronically. Happy Koi will communicate with you by e-mail or by posting notices on the Happy Koi website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Registration
Registration as a purchaser is restricted to individuals who may legally enter into binding and enforceable agreements. No person under the age of 18, or not legally permitted to enter into a binding and enforceable agreement, may register as a purchaser. Any person not permitted to register as a purchaser but who does so, shall be guilty of committing a fraud and Happy Koi may take whatever legal action it deems necessary to obtain the appropriate relief.
In registering as a purchaser you are required to provide Happy Koi with, complete and accurate information about yourself and you warrant that the information provided is correct.
If you are in breach of, or Happy Koi believes that you may breach, any of the terms and conditions governing the use of, or trading using the Happy Koi website, Happy Koi may, in it's absolute discretion, either suspend or terminate your registration as a purchaser.
Password
You are solely responsible for ensuring the confidentiality of your password, which authenticates your identity. You acknowledge this responsibility and agree that any communication or transaction that may be made using your password, shall be attributed to you.
If you suspect that the confidentiality of your password has been compromised you should immediately advise Happy Koi of this fact by email. Happy Koi shall on receipt of the email suspend your registration pending your further instructions. You shall remain responsible for all transactions effected prior to the suspension of your registration and liable for any payments that may flow from these transactions.

Additional Terms and Conditons pertaining to sales of live Koi
It is not pleasant but we have to point out a few issues when it comes to dealing with Koi. These are issues that revolve around live animals. For the sake of brevity, when we mention the word Koi please take it to mean 'Koi fish and any other live organism'.

 When you buy a Koi from us, whether you are with us in Japan or from our retail outlets, or from wherever, it is assumed that you understand the following issues.

1. Koi are living creatures for whom, as with all living creatures, the only certainty is death. As far as we are aware no Koi is yet subject to paying taxes although this is probably not far off given the oppressive taxation regimes in which we all seem to find ourselves these days!

2. Happy Koi hereby disassociates itself from the death of any Koi, anywhere at any time. We include in this the poor health of any Koi, anywhere at any time.

3. What this means is that if you buy a Koi from us, the risk of that Koi and all other Koi anywhere is entirely your own at the date of purchase. In other words, if you buy a Koi from us and it dies, we will in no way be held liable for the death of this creature. The same applies if the Koi develops an illness but doesn't quite die.

4. In other words Happy Koi will not be held liable for any consequential losses of any nature whatsoever from any Koi or any equipment purchased from Happy Koi or given from Happy Koi.

5. The reasons for this are simple. This is our business. It is your hobby. If your expensive collection is wiped out because a new Koi was introduced to the collection this is the risk that YOU and only you run when buying new Koi.

 6. Happy Koi reserves the right to withdraw from the sale of any Koi for any reason whatsoever before the Koi leaves our premises or leaves our responsibility. If you have already paid for the fish we will refund you.

 To repeat:

7. Happy Koi (Pty) Ltd and/or any of its agents will in no way be held liable for the life or health of any Koi fish whatsoever. This includes Koi we have sold, Koi we have treated, Koi we have consulted on or Koi we have not even seen.

8. What this means to you is that if you buy a Koi from us and it dies or suffers from poor health, we are not liable for the death of that Koi or any other Koi that may have been associated with this particular Koi or any other Koi for that matter. In other words, all the risk of owning a Koi with regard to its health remains with you.

9. If you are unable to accept this risk for any reason whatsoever, please do not purchase Koi from Happy Koi and/or any of its agents!

10. By buying Koi from us you assume the responsibility of quarantining your Koi properly. See here for how to do this.

11. Warranties on live Koi are thus at the sole discretion of Happy Koi. Obviously we want to keep you as a Happy Koi Customer. We're reasonable people and as such we will take reasonable steps to ensure your happiness - whether this be replacement Koi or some arrangement as we can work out with you. But as should be clear above, this is at our sole and unfettered discretion.

All clear as mud? 

The situation is that when dealing with live creatures the risk of known and particularly unknown diseases, or any other health issues cannot be quantified. As has been evidenced with the advent of early outbreaks of Koi Herpes Virus, KHV, the diagnosis of this disease is difficult and not 100% accurate. As such Happy Koi and/or any of their agents assumes no liability for any disease or any health issue whatsoever.

If you are not happy with assuming the full risk of losing your entire collection of Koi please do not purchase fish from Happy Koi. It is really that simple. Your Koi fish deserve the best treatment and the best possible environment in which to thrive - and part of this process is that your fish are adequately quarantined by yourself once purchased from Happy Koi - or anyone else for that matter.

Please also note that Koi are living creatures that are subject to minute changes in their environment. These changes (along with many other factors beyond our control) can result in loss of colour, or failure of the Koi to develop along a specified path. Further, despite our best intentions and our experience used in selecting our top quality Koi we cannot and do not guarantee a Koi's future performance or potential.
 
Happy Koi has the FINAL say in determining whether a fish is healthy to be shipped or not. If we believe that a fish is not sufficiently quarantined the fish will not be shipped under any circumstances. End of discussion.
Our fish are all imported from Japan at different times of the year. The stress of the journey affects fish differently and water temperature as well as any number of other factors play a direct influence on these living creatures and their adaptation to their new homes.

We quarantine your Koi for your own protection. Delays and/or extended quarantining periods are beyond the scope of our control. Should a fish develop a problem after the minimum quarantining period in our premises it will NOT be shipped to a customer under any circumstances.

Despite our stringent precautions, it is not possible to second guess the state of health of any particular Koi. We attempt our level best to ensure healthy Koi are delivered to our customers since this is what our reputation is built on. We further offer a 72 hour guarantee on all Koi shipped that have been quarantined within our facilities. Where, under special circumstances, this guarantee is not applicable, the customer will be informed at time of purchase.

Should a Koi purchased from these facilities die within seventy two hours of shipping it will be replaced with a suitable Koi of equivalent or better quality from either our stock on hand or our next Koi buying trip in Japan at our sole discretion. The Koi MUST be frozen immediately and arrangements made to be returned to us before this guarantee will be honoured.

Happy Koi under NO circumstances will be held liable for losses of any other Koi in a customer's possession. It is assumed that ALL customers have their own quarantining facilities and that adequate quarantining of ANY new fish, regardless of where purchased from, is done by the customer. In other words, if you introduce new fish into your own pond WITHOUT quarantining Happy Koi will not be held liable for the consequences.

Quarantining of live stock is thus all important and just because we are passionate about doing it properly for our customers is not sufficient premise to avoid the responsibility of ensuring the safety of your own fish and your own investment. Ensure that you quarantine any fish bought from us or anyone else for that matter in your own facilities appropriately. See how to do this here.

NB: The selling price of Koi includes VAT  but it does NOT include shipping via airfreight to your nearest local airport within South Africa. Airfreight costs vary and will be quoted when requested. Work on a figure or more or less R450 per box of Koi.

Happy Koi's bank details are:

Happy Koi (Pty) Ltd
Standard Bank of South Africa
Northcliff  Branch (Code 00 63 05)
A/C 200 529 676

No Koi will be shipped without full payment into our bank account.

   4. AMENDMENT TO TERMS AND CONDITIONS
Happy Koi may amend the terms and conditions governing access to the Happy Koi website as well as trade using the website.
  5. PRIVACY AND SECURITY STATEMENT
Happy Koi knows that you care how your personal information may be collected, processed and used; we appreciate your trust that Happy Koi will do so carefully and sensibly.
The information provided by you helps us personalize and continually improve your shopping experience at Happy Koi. Here are the types of information we gather.
  • Automatic Information:Happy Koi receives and stores certain types of information whenever you interact on the Happy Koi website or communicate with Happy Koi by email. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your web browser accesses Happy Koi.
  • Information You Give Us: We receive and store information you enter on the Happy Koi website or that you may provide to Happy Koi in any other manner. Certain of the information provided on registration is mandatory to assist us in ensuring that the communications and transactions entered into with you may be completed effectively and lawfully.
  • E-mail Communications: To help us make e-mails more useful, we may receive a confirmation when you open e-mail from Happy Koi, if your computer supports such capabilities.
By providing the information to Happy Koi you consent to Happy Koi collecting maintaining, storing and processing the information, provided that Happy Koi shall:
  • not disclose your personal information to a third party other than to effect the transactions agreed to in using the Happy Koi website without obtaining your express consent to do so;
  • only disclose your personal information, without your consent, if legally required to do so;
  • be entitled to use the information provided by you to compile statistical or aggregated information in such a way that you may not be identified.
While Happy Koi and its affiliates shall take commercially reasonable care to safeguard the information provided by you to Happy Koi from unauthorized access or disclosure, Happy Koi does not represent or guarantee that the safeguards will provide absolute protection.
  6. INTELLECTUAL PROPERTY STATEMENT
Copyright in any information or trade marks displayed anywhere on the Happy Koi website are protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held by Happy Koi, or by the original creator of the materials, or by suppliers and service providers to Happy Koi.
  7. DISPUTE RESOLUTION
Any dispute arising out of or in connection with this agreement including any question regarding its existence, validity or termination, will be resolved in accordance with the law of South Africa. The language used during the dispute resolution process will be English. For the purposes of any arbitration:
  • you choose the email address chosen by you in registering as a purchaser; and
  • Happy Koi chooses william@happykoi.co.za
By using the Happy Koi website and accepting the conditions of use of the website and trade conducted using the website you bind yourself to the terms of arbitration provided in this agreement.
  8. COMPLIANCE WITH STATUTORY CONSUMER PROTECTION PROVISIONS
Happy Koi adheres to the provisions of Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 (“the Act”). Chapter VII of the Act provides protection to consumers and the provisions of the Act relevant to commercial transactions that may be effected on the Happy Koi website, as well as the information required in terms of the Act, are provided for your reference.
Return of products or cancellation of service agreements
Happy Koi shall, subject to the exclusions provided for below and the provisions relating to any return of products or cancellation of a service agreement, allow the return of products or cancellation of a service agreement, within seven days of the date of receipt by you of the products or the conclusion of an agreement to provide services. Exclusions from return of products or cancellation of service agreements
The provisions of this agreement relating to the return of goods and cancellation of any agreement to provide services shall not apply if:
  • any products and services are acquired by auction;
  • to services which commenced with the customers consent, (either express or implied) prior to the expiry of the seven day period;
  • where the price of the products or services depends on fluctuation in financial markets beyond the control of Happy Koi;
  • where the products are personalised or made to the customers specifications;
  • where the products by reason of their nature cannot be returned;
  • if audio, video recordings or any form of computer software are either used or if supplied other than in digital form, if the seal on the storage media is broken;
  • the sale of reading material in whatever form.
Customers obligations on return of products and services
If a customer cancels any transaction in respect of which delivery of the products or services (to the extent that the may be returned) have been delivered, within seven days of the receipt of the products or services, the customer shall return to Happy Koi or it’s authorised agents, the products, undamaged in any manner, together with all packing materials and documentation delivered by Happy Koi or its agents, to the customer as well as a written indication of the customers choice to cancel the transaction.
The customer shall refund to Happy Koi all direct expenses incurred by Happy Koi or it’s authorised agents, in the delivery of the products and services ordered by the customer, as well as the direct expenses incurred by Happy Koi or it’s authorised agents in accepting return of the products and cancellation of the provision of services, arising as a result of the return of the products or cancellation of the services ordered by the customer.
Happy Koi’s obligations on return of the products and services
Within thirty days of return of the products or receipt of notice of cancellation of the agreement to deliver services Happy Koi or it’s authorised agents shall refund to the customer any amounts paid by the customer less any amounts due by the customer to Happy Koi as provided for above.
Disclosures in terms of section 43 of the Act: The following information is made available to you in compliance with Section 43 of the Act.
Full name and legal status of website owner:Happy Koi is the trading name and is wholly owned by Happy Koi (Pty) Ltd a company duly incorporated in terms of the company laws of South Africa.
Self regulatory or accreditation body: none.
Address for service of all legal documents: same
Description of Services: Happy Koi provides access to a variety of products and services that may be purchased online all of which are, or will be, described on the Happy Koi website.
Price of goods: Prices are displayed in the website and are subject to Happy Koi rights in respect of any mis-pricing stipulated in the clause dealing with Invitation to do business above. All prices of products and services displayed on the Happy Koi website are inclusive of Value Added Tax.
Payment:Payment terms and manner of payment are stipulated in the clause dealing with payment above.
Terms and conditions governing this agreement: The full Terms and Conditions applicable to the access and use of the services provided on the Happy Koi website and any amendments thereto, shall at all times be available on the Website, save to the extent that they may be varied in writing by the parties. These terms may be accessed on this Website, downloaded and stored, or reproduced at any time.
Delivery of products or services: The anticipated time of delivery of any products or services, purchase using the Happy Koi website shall be indicated at the time that any order is accepted by Happy Koi
Transaction records and history: A full record of transactions effected using Happy Koi shall be available to the user for a period of 14 days from delivery of the products or services to the purchaser by Happy Koi or it’s agents.
Dispute resolution: The provisions governing Dispute Resolution are stipulated under the clause Dispute Resolution above.
Privacy and Security: The provisions governing Privacy and Security are provided for under the clause Privacy and Security above.
Minimum duration of Agreement: There shall be no minimum duration of agreements entered into between users and registered purchasers to use the Happy Koi website. All agreements shall endure indefinitely subject to either parties rights to terminate the agreement. The termination of the agreement by either party shall be without prejudice to any rights between the parties existing at the time of the termination, which shall endure beyond the date of termination. 
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Photographed products shown above are for illustrative purposes only. www.happykoi.co.za © 2009