General Terms and Conditions of Use and Sale
These Terms of Use govern the commercial relationships between Acquarioshop di Zin Fabio and the author of the order whose personal data are indicated in the registration form and in the order form. Any condition formulated by the Customer that does not comply with these Terms of Use shall be deemed invalid. These Terms of Use may be subject to any changes made necessary by subsequent legal provisions.
With this contract, Acquarioshop offers the goods and services selected by the Customer in the order form, which shall be considered an integral part of the contract.
The contract concluded between Acquarioshop and the Customer shall be considered finalized upon acceptance, even partial, of the order by Acquarioshop. Such acceptance shall be deemed tacit unless otherwise communicated to the Customer by any means. By placing an order through the available methods, the Customer declares to have read all the information provided during the purchase procedure, the product specifications offer and these Terms of Use in their entirety, and to have accepted them in full.
The Customer declares not to have entered false or fictitious data in the order form and therefore declares that the data entered correspond to their real personal details. Acquarioshop reserves the right to take legal action in the appropriate venues against any violation or abuse. The obligations undertaken by the Customer in this article, as well as the guarantee of successful payment made by the Customer, are essential for Acquarioshop, which reserves the right, in the event of breach of one of the aforementioned obligations, to terminate the contract by law, without prejudice to any right to compensation for damages.
Website Registration
Registration on the Website is not mandatory. It is possible to browse the product catalog available on the Website and place an order without registering, or alternatively use other purchasing methods (via e-mail or telephone).
During the registration phase, the Customer must provide a few personal details necessary for the management of online orders and indicate an e-mail address and password that will allow access to the reserved area in order to make purchases on the Website with maximum confidentiality and peace of mind.
After registration, the Customer will receive a confirmation e-mail, following which they will be able to access the reserved area of the Website by logging in (entering the e-mail address and password indicated in the registration form). Registration is required only the first time; thereafter, the Customer may access the reserved area using the same login credentials. We therefore invite you to write down your e-mail address and password.
Technical Information
The technical information included on the Website is derived from information published by the manufacturers of the goods included in our catalog. Acquarioshop therefore reserves the right to modify/adapt the technical and dimensional information of the products in the catalog based on what will be communicated by the manufacturers, even without prior notice.
Catalog Prices
Acquarioshop reserves the right to change product prices at any time; however, the prices invoiced are those in effect at the time of the order. In the event of any discrepancy between the indicated price and the one in effect at the time of the Customer’s order due to typographical, editing or calculation errors on the Website, the price in effect shall prevail. The Customer may, however, cancel the order by notifying us of the issue.
Purchase Methods
The Customer may purchase only the products present in the electronic catalog of the Website at the time the order is submitted.
The fastest way to place an order is via the internet (online), by accessing the shopping cart using the registration details (E-mail and Password). This purchase method therefore requires Website registration.
Correct receipt of the order is confirmed by Acquarioshop through a message sent to the e-mail address provided by the Customer. The confirmation message will include a Customer Order Number to be used in all subsequent communications with Acquarioshop and will restate all data entered by the Customer, who undertakes to verify its accuracy and promptly communicate any corrections to the contacts indicated in the registration form or in the confirmation e-mail itself.
In case of non-acceptance of the order, Acquarioshop guarantees prompt communication to the Customer via e-mail or telephone.
If the ordered products are unavailable after the Customer’s order, Acquarioshop will send an e-mail informing the Customer of the unavailability and proposing to cancel or modify the order.
Payment Methods
Important: for all advance payment methods, before making the payment, please wait for the e-mail confirming availability of the ordered goods. For deliveries made in Italy, Acquarioshop accepts the following payment methods.
Credit Card Payment - PAYPAL System
By choosing this payment method and clicking on "Confirm Order", you will be redirected to PayPal’s secure server, where you can complete the payment in complete safety using a Credit Card or directly your PayPal account, if you have one, without any risk of your data being accessed by third parties. Upon completion of the online transaction, PayPal will immediately charge the amount relating to the purchase. In the event of order cancellation, whether by the Customer or due to non-acceptance by Acquarioshop, the amount relating to the cancelled goods will be refunded to the Customer’s PayPal account. The time required for the refund to the selected payment method within the PayPal account depends exclusively on PayPal and the banking system involved.
Acquarioshop reserves the right to request additional information from the Customer (for example, a landline telephone number or a copy of identity documents) to verify the actual ownership of the PayPal account. In the absence of the requested documentation, Acquarioshop reserves the right not to accept the order.
At no time during the purchase procedure is Acquarioshop able to know the credit card information of the buyer or other payment details chosen within the PayPal wallet, which are transmitted via secure connection directly to PayPal’s website managing the transaction. No Acquarioshop IT archive will store such data. Under no circumstances can Acquarioshop be held responsible for any fraudulent or improper use of credit cards by third parties when paying for products purchased on Acquarioshop.
Bank Transfer
In case of advance payment by Bank Transfer, the ordered goods will be reserved until receipt of proof of payment, to be sent to the e-mail address fabio@acquarioshop.it no later than 3 working days from the date of order acceptance. Shipment will take place only upon actual receipt of the amount by Acquarioshop, which must occur within 7 working days from the date of order acceptance. After this deadline, the order will be automatically cancelled.
The reason for the bank transfer must include:
• The Order Number as indicated in the order confirmation e-mail
• The date of the order, which corresponds to the confirmation e-mail date
• The first and last name of the order holder
The bank details for the transfer will be indicated in the order confirmation e-mail.
Order Acceptance and Fulfilment
Acquarioshop reserves the right to accept orders only from subjects in possession of a Tax Code and/or VAT number (or equivalent data if not resident in Italy).
It also reserves the right to refuse the order in the following cases: shipments to P.O. Boxes; provision of false or incorrect personal data; previous breach of obligations towards Acquarioshop; registration in protest lists; subject to insolvency proceedings; lack of product availability for any reason in its warehouses or those of suppliers; or any other incompatibility with Acquarioshop’s economic interests and company policies.
Acquarioshop accepts orders only with delivery within Italian territory.
Upon verification of payment, Acquarioshop processes orders from Monday to Friday, from 8:00 a.m. to 3:00 p.m.
Shipment and Delivery of Products
Packaging and shipping costs are borne by the Customer, except for specific promotions on the Website. During the online order procedure, the software will automatically calculate shipping costs based on total weight, country and zone, payment method and selected shipping type. The Customer can therefore immediately view the shipping cost and decide whether to confirm the order.
Acquarioshop reserves two working days to complete product sourcing, packaging and necessary administrative procedures. These two days must then be added to the courier’s delivery time, which varies depending on the courier used and the delivery location.
Acquarioshop undertakes to deliver the products ordered by the Customer via courier to the address specified during order registration.
Acquarioshop cannot be held responsible for delays in order processing or delivery.
Upon delivery, the Customer must verify:
• that the number of packages corresponds to that indicated in the transport document sent by e-mail;
• that the package is intact, undamaged, unopened, not wet or altered, including sealing materials (adhesive tape and straps).
Any complaints must be immediately raised with the courier; otherwise, the goods will be deemed properly delivered. Once the courier document is signed, the Customer cannot raise objections regarding the external characteristics of the delivered goods.
In case of transport damage:
If visible damage to the packaging is found:
• express a reservation: accept the package but write “Accepted with reservation” before signing, describing in detail the nature of the damage after opening the package in the courier’s presence;
• refuse the damaged goods if reservation is not possible or damage is visible without opening the package.
If the Customer accepts with reservation or refuses delivery, they are kindly requested to inform Acquarioshop by writing to fabio@acquarioshop.it.
If the goods are not collected within 5 working days from the courier’s warehouse due to repeated failed delivery attempts at the address provided, the order will be automatically cancelled.
Plant orders are collected until Saturday at 12:00 PM and shipped on the following Tuesday/Wednesday. Plant availability refers to stock in the greenhouse in the Netherlands. If the plant is in stock at L'Arca store, it will be shipped within 24/48 hours. It may happen that a plant appears available in the supplier’s greenhouse but is not delivered at the time of shipment. L'Arca reserves the right to cancel orders if the plant is not available. The fish that will be shipped are guaranteed healthy according to our protocol validated by a veterinarian who examines them weekly. Quarantine completed.
You may also insure your purchase with our Pacco Protetto policy: add shipping insurance and, if your product or aquarium arrives damaged, we will send you a new one without any issues. Simply send us a video of the package opening and we will take care of everything. Zero risk, only certainty! The insurance cost is €5.00 VAT included.
Issuance of Accompanying Invoice
For all orders placed on the Website, Acquarioshop issues an accompanying invoice completed using the information provided by the Customer in the registration form, with particular reference to the fields Tax Code, Company Name and VAT Number. No changes to the invoice will be possible after its issuance, which will occur after the Customer has paid the full amount due. The accompanying invoice is placed in an envelope and sent together with the goods in the space reserved for transport documents.
Retention of Title
Acquarioshop retains ownership of the goods supplied until the Customer has fulfilled all obligations towards it and, in particular, until full payment of the price. This retention of title does not prevent the transfer of risk, which will in any case pass to the Customer from the date on which the ordered products leave Acquarioshop’s warehouses in accordance with the provisions of the section “Shipment and Delivery of Products”.
Customer Service
For any requests, complaints or issues, you may contact the Contact Center at the e-mail address fabio@acquarioshop.it or by calling +390423715990.
IMPORTANT: RETURNS OF FISH AND PLANTS ARE NOT ACCEPTED AS THEY ARE PERISHABLE
Return Instructions
1. Packaging: Please ensure that the product is carefully packaged to avoid damage during transport. If possible, use the original packaging.
2. Documentation: Include a copy of the invoice or the order number inside the package to facilitate processing of the return.
3. Shipping Address:
L'Arca di Zin Fabio
Via Castellana 58F
31023 Resana (TV)
4. Shipping:
- Product Compliant with the Order and Right of Withdrawal: If the item received is compliant with the order placed and you wish to exercise the right of withdrawal, return shipping costs are borne by the customer, in accordance with Directive 2011/83/EU on consumer rights and the Italian Consumer Code (Legislative Decree 206/2005, art. 57). You may ship the package using a service of your choice; we recommend using a trackable service to ensure safe delivery.
- Product Not Compliant with the Order: If we have shipped an item that does not comply with the order, collection costs are borne by us, as provided by Article 130 of the Italian Consumer Code (Legislative Decree 206/2005). In this case, we will arrange courier pickup and send you the waybill via e-mail.
5. Communication: Once the package has been shipped, please send us the tracking number by e-mail to fabio@acquarioshop.it so we can monitor the shipment.
Refund and Replacement
Once the return has been received and the product verified, we will proceed with:
- The refund of the product, excluding return shipping costs, within 14 days if the customer exercises the right of withdrawal, as provided by Directive 2011/83/EU and Article 56 of the Italian Consumer Code (Legislative Decree 206/2005).
- Replacement or repair of the product, in case of an item not compliant with the order, as provided by Article 130 of the Italian Consumer Code (Legislative Decree 206/2005).
Applicable Law
The sales contract between the Customer and Acquarioshop is deemed concluded in Italy and governed by Italian law. For any civil or criminal dispute arising from the conclusion of this distance sales contract, the competent court shall be that of the municipality of residence or domicile of the owner of Acquarioshop.
Shipping, delivery and refund of live aquatic animals
Considering the particular nature of the live products sold, all live aquatic animals shipped by Acquarioshop — including, by way of example and not limited to, freshwater or marine ornamental fish, crustaceans (such as caridina and neocaridina), and aquatic invertebrates (such as snails and similar species) — are selected, inspected and packed in accordance with strict sanitary and animal welfare protocols.
The procedures for the selection, holding, preparation and packaging of the animals are carried out according to established technical practices within the aquarium industry and in compliance with the procedures validated by the appointed veterinarian, who periodically verifies the health status of the animals intended for sale.
Animals are shipped exclusively when they are deemed to be in health conditions suitable for transport, following appropriate observation and monitoring.
Mandatory full video recording for any refund request
In order to ensure maximum transparency and fairness in the management of any disputes related to possible deaths attributable to transport, the Customer is required, as an essential condition for any possible refund or compensation evaluation, to record a full, continuous and unedited video of the opening of the received package.
The video recording must be made without interruptions, cuts, manipulations or modifications and must start before opening the package, as indicated by the informational tag attached to each parcel.
The video must clearly and unequivocally document:
• the integrity of the external packaging before opening;
• the entire process of opening the shipping carton;
• the opening of the polystyrene thermal container;
• the complete view of all bags containing the animals;
• the condition of the animals inside their respective bags at the moment of opening.
The video recording constitutes an essential and indispensable requirement for any evaluation relating to potential refund requests.
In the absence of such complete video documentation compliant with the procedures described above, no request for refund, replacement or compensation will be considered, regardless of the nature of the claim.
Animals delivered alive
If the full video shows that the aquatic animals arrived alive at the time the package is opened, Acquarioshop shall be considered completely released from any obligation, liability or refund request relating to any deaths, illnesses or problems occurring thereafter.
It should be noted that once the animals are introduced into the Customer's aquarium environment, it becomes objectively impossible for Acquarioshop to verify or determine the causes of any subsequent issues, which may depend on multiple factors beyond the seller’s control.
By way of example and not limited to, such factors may include:
• chemical and physical water parameters unsuitable for the purchased species;
• thermal fluctuations or unsuitable environmental conditions;
• incorrect acclimatization procedures;
• behavioral or biological incompatibility with other species present;
• pre-existing pathogens, parasites or disease agents already present in the Customer's aquarium;
• structural or biological conditions of the aquarium unsuitable for maintaining the purchased species.
Therefore, in the event that animals are delivered alive, no refund or compensation may be requested or granted for events occurring after delivery.
Animals arrived dead
If the full video clearly and unequivocally shows that one or more animals are deceased at the time the package is opened, Acquarioshop reserves the right to evaluate the refund request exclusively for the specimens effectively deceased during transport.
The evaluation will be carried out at the sole and unquestionable discretion of Acquarioshop based on the video documentation provided by the Customer.
Any refunds, if approved, will preferably be issued in the form of a discount voucher redeemable on the website www.acquarioshop.it, valid for 365 days from the date of issuance.
It should also be noted that any deaths occurring during shipping may sometimes be attributable to delays, inefficiencies or anomalies related to the courier transport service, circumstances over which Acquarioshop has no direct control.
Health guarantees
Acquarioshop guarantees that all aquatic animals intended for sale are subject to strict selection, quarantine and health monitoring protocols.
Consequently, animals that are visibly ill, weakened or in conditions incompatible with transport are never shipped, except for unforeseeable events beyond the seller’s control.