Terms & Conditions

Welcome to Cichlids Are Special (CAS) web site. By using this site, you signify your agreement to these terms of use. CAS reserves the right to make changes to this website and its Terms & Conditions at any time. Each time you use this website, you should visit and review the then current Terms & Conditions and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with this website, its contents or Terms & Conditions, you agree that your sole and exclusive remedy is to discontinue using this website. Tampering with this site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on this site is prohibited.

ELECTRONIC COMMUNICATIONS

When you visit CichlidsAreSpecial.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, by phone, or by posting notices on this site. 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.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of CAS or its content suppliers and protected by the United States and International copyright laws. The compilation of all content on this site is the exclusive property of CAS and protected by the United States and International copyright laws. All software used on this site is the property of CAS or its software suppliers and protected by the United States and International copyright laws.

PRODUCT DESCRIPTIONS AND DISPLAY/COLORS

This website attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color or type matches the product color or type, as the display of the color depends, in part, upon the monitor you are using. CAS attempts to be as accurate as possible. However, CAS does not warrant those product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by CAS itself is not as described, your sole remedy is to stop using this website.

LIVESTOCK POLICY

All our livestock shipments are carefully individually packaged in double bags, including water treatment, pure oxygen, and heat packs in winter to assure live delivery. Just bags and no box or other container is provided on Local pickups. 

PRICE MATCH POLICY

I will do my best to match a competitor's regular price on the same fish in both size and sex. To receive a price match, send me an email with the price and where to locate it to verify it. If I can match it, I will sell you the same fish from my stock for the same price. Price match only applies to livestock, it does not apply to supplies through amazon.com, fish food, or shipping. 

MINIMUM ORDER PAY PAL POLICY

Orders through Pay Pal under $25.00, unless a gift coupon is used for part of the payment, will be accessed a $2.00 handling fee. This fee will be sent through pay pal and your order will not be shipped until the handling fee is paid. If you pick up locally, you will need to Pay the $2.00 handling fee in cash to receive your fish.

LIVE ARRIVAL GUARANTEE AND SHIPPING

We guarantee live arrival on most of our shipments of fish per the rules below, provided someone is available to receive the shipment on its first delivery attempt, and the shipment is taken inside immediately. We do not offer refunds on livestock left at the door, on the porch, in the garage, etc., or shipped to an improper address provided by the customer. In addition, you must be home and answer the door when Fed Ex arrives. If you are not present during attempted delivery, the live arrival guarantee is void.

Live arrival guarantee applies fish shipped by FedEx one and two business day services per the following. FedEx second day ground shipping and FedEx second day air as long as they arrive within the two days promised by FedEx during warm weather (No Lower than 45F during shipment). It also covers one business day ground that arrives up to one day late during warm weather (No Lower than 32F during shipment).  No shipping will take place in cold weather (below 35F - day and 32F - night) as heat packs fail below 32F.

REFUNDS AND GIFT CERTIFICATES

In the event, a fish arrives dead, e-mail us within two hours of its arrival, at your location. You will be required to send us a photo of the dead fish in their unopened bags. We will verify the delivery record for your shipment before issuing a refund. All refunds of this nature are issued as a gift voucher toward your next purchase from CAS. Refunds for extra shipping charges or a fish not available at the time of shipment are sent through Pay Pal. It is very important that you check the email given to me in your account and make sure it has no spelling or typing errors. Gift Certificates are sent to this email. Refunds are sent to the Pay Pal email given for the transaction.

LOCAL PICK UPS

All cash at the time of pick up orders must be picked up within seven business days or else a non-refundable 50% deposit will have to be paid for me to continue to hold your fish beyond seven business days. Maximum holding time is one month for 50% non-refundable deposit items. If you fail to pick up your fish order with-in a month, you will lose your deposit and the fish will be returned to stock for resale. If you fail to show up for a prearranged local pick up a $25 fee will be charged. This fee will come in the form of a Pay Pal Invoice or will be deducted from your original order's refund should you cancel your order. If you fail to pay the $25 invoice, you will be barred from doing any cash on delivery orders including those for events, fish clubs, or other out of town pick up or deliveries. In event of inclement weather or emergency, this fee may be waived by CAS. CAS reserves the right to amend these fees and rules for return customers on a case by case basis.

FISH CLUB, EVENT, AND OTHER ARRANGED OUT OF TOWN PICKUPS

If you fail to show up for a Fish Club, Event, or Other Prearranged Out of Town Pick up a $25.00 fee will be charged. This fee will come in the form of a Pay Pal Invoice or will be deducted from your original order's refund should you cancel your order. In the event of inclement weather or emergency, this fee may be waived by CAS. CAS reserves the right to amend these fees and rules for return customers on a case by case basis.

SHIPPING

We ship by FedEx on Monday through Thursday, except on, or the day prior to major holidays. We also do not ship during vacations or during an emergency. Shipping by Fed Ex Ground Home Delivery on Thursday for two days in transit or Friday for one day in transit deliveries on Saturday are available by request.

Southwest Airlines Cargo (SWA Cargo) is recommended for cold weather shipping in winter for locations outside our FedEx one day ground zone as it is the fastest and safest way for shipping fish in cold weather. Fish shipped through SWA Cargo are insured by SWA Cargo. Any losses must be handled through Southwest Airlines, per their policies.

Southwest has now partnered with Hawaii Airlines and fish can be shipped to Hawaii by SWA/Hawaii Airlines Cargo.

We ship by SWA Cargo once a week by advanced arrangement by delivery to the Harrisburg Runner Monday to Friday for shipping from BWI the following day. Fish shipped by SWA Cargo are shipped Freight Collect unless the customer requests an ungraded service level. There is a $100 minimum order when choosing SWA Cargo shipping.

SWA Cargo orders must be completed within 10 business days unless delayed due to weather problems in winter. A Pay Pal Invoice for the fish must be paid at least 24 hours prior to shipping. To hold an SWA order more than 10 Business days, a 50% non-refundable deposit will be required.

CAS is not responsible for shipping address errors by the customer. Make sure your address in your account for shipping is correct. Check it for spelling or typing errors.

Sales are limited to the Continental United States only and PR, none in Alaska, Hawaii, or countries other than the U.S.

Deliveries are by UPS to physical addresses only, sorry no P.O. Boxes or APO numbers.

CAS offers local pick up for customers by appointment only.

Sales in Pennsylvania, including, but not limited to, heat pack fees are subject to the PA State 6% sales tax.

Shipping costs are non-refundable on all fish shipments.

CAS does not provide replacement fish with free shipping. We also may not have the specific fish available for a replacement. Instead, we offer gift vouchers to use on your next order so you can purchase a replacement or use your refund for a different fish if you so choose.

NON-REFUNDABLE 50% DEPOSITS

When required, management reserves the right to cancel any order if it goes beyond a reasonable timeframe. If a fish in the order is lost before pick up, delivery, or shipping, the 50% for that fish will be refunded. No other refunds. This rule is enforced to prevent a customer from tying up inventory for long periods of time and then canceling the order.

QUARANTINE POLICY

Incoming fish are normally quarantined for 2 weeks before sale as a precaution. Choosing to pick up a fish or having it delivered before quarantine ends are not advised. However, if you do so, it is your responsibility to treat these fish for any possible problems.

SPECIAL ORDERS

Some types of African Cichlid fish are available by special order only. For these fish, we must have an e-mail request followed by payment by the deadline noted. Special order fish are held up to 14 days prior to shipping or pick up in order to spot any problems. You may request the fish to be shipped or picked up sooner at your own risk and are responsible for any problems the fish may have. Special order fish are non-refundable unless they die in my possession or during shipment. All Special order fish must be picked up or shipped within 21 days of arrival at CAS. If you fail to make pick up or shipping arrangements prior to the 21-day deadline, your fish will become part of CAS stock and there will be no refund on them.

FISH HOLDS

In some cases, we are willing to hold a larger order for up to 30 days if you pay a 50% deposit and then pay the remaining 50% either at time of pick up or just prior to shipment. However, during holds, on rare occasion, we lose a fish. If a fish that is held dies or becomes ill and there is no other fish like it in stock we will reduce your order and final payment accordingly.

ERRORS ON OUR SITE

Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and CAS reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, CAS will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. Due to our products being living creatures, all purchases are final and may NOT be returned in any instance. In order to cancel an order, it must be canceled before it is processed.

PHOTOS

Some of the photos on this site are my own. Others are from google searches. Fish photos are meant to show how a particular fish will appear in full adult coloration. Fish, however, sometimes can vary from the actual photo.

BAGGING

Normal bagging is done as follows:

1" to 3.5" fish: (one per small Bag)

4" and larger fish: (one per bag in large bags)

This helps to make sure your fish arrive safely.

SHIPPING BOXES

Box 1: (11" x 11" x 6") 1” to 3.5” Fish will be packed one per bag. No more than three bags per 11 x 11 x 6 box.

Box 2: (12" x 12" x 10") 1" to 3.5" Fish will be packed one per bag. No more than six small bags per box. 

Box 3: (12" x 12" x 10" OR 12" x 12" x 12") 1" to 3.5" Fish will be packed one per bag. No more than nine small bags per box.  Be sure to compare SWA Cargo if you live near an airport served by them.

Box 4: (18" x 18" x 10" OR 20" x 16" x 10") 1" to 3.5" Fish will be packed one per bag . No more than sixteen small bags per box. Larger fish are packed one per large bag. No more than three large bags per Box. These boxes can get expensive to ship by air. Be sure to compare SWA Cargo if you live near an airport served by them.


NEWSLETTER

You have the option to choose to receive our newsletter or to opt-out of it at any time. You will find this option in your account. There is also an opt-out option link at the bottom of each newsletter. To receive the newsletter, your email must be valid. If we receive a bounce back that your email is invalid, your account will be deleted from the CAS site. If you are a discount club member and this happens, when you set up a new account with a proper email, let us know and we will update your account for the discount club.

INTENDED FOR USERS 16 AND OVER

This website is intended for use by individuals 16 years of age or older. It is not directed for use by children under the age of 16. Users under the age of 16 should get the assistance of a parent or guardian to use this site.

SECURITY

You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to this website shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY CAS ON AN "AS IS" AND "AS AVAILABLE" BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. CAS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; E-MAIL SENT FROM CAS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CAS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting CichlidsAreSpecial.com, you agree that the laws of the state of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and CAS.