Terms & Conditions

1. APPLICATION AND ACCEPTANCE

1.1 These Terms and Conditions (“Terms”) govern:

1. your use of the Supplier’s website and online store (“Website”);
2. the purchase of live fish, including koi and other live ornamental or show-grade fish (“Live Fish”); and
3. the purchase of fish food, equipment and other related products (“Products”).

1.2 In these Terms:

• “Customer”, “you” or “your” means the person placing an order through the Website;
• “Supplier”, “we”, “us” or “our” means Bromleys Aquatic Specialists;
• “Order” means an order submitted by you through the Website;
• “Order Confirmation” means the electronic confirmation issued by us confirming acceptance of an Order;
• “Delivery Point” means the collection point, airport, address or other location agreed for delivery of an Order;
• “Business Day” means a day other than a Saturday, Sunday or public holiday in the Republic of South Africa;
• “DOA” means “dead on arrival”; and
• “Consumer” has the meaning given to that term in applicable South African consumer protection legislation.

1.3 By submitting an Order, you confirm that you have read and agree to these Terms.

1.4 If you do not agree to these Terms, you must not place an Order through the Website.

1.5 These Terms apply to each Order unless we expressly agree otherwise in writing.

1.6 Nothing in these Terms is intended to exclude, restrict or waive any right or remedy that may not lawfully be excluded, restricted or waived under applicable law.

2. THE WEBSITE AND PRODUCT INFORMATION

2.1 We take reasonable care to ensure that descriptions, photographs, measurements, prices and other information displayed on the Website are accurate when published.

2.2 Individual Live Fish may nevertheless differ in appearance from photographs displayed on the Website because Live Fish are living organisms and their colour, pattern, body shape, skin condition, size and other characteristics may change over time.

2.3 Where an individual Live Fish is specifically identified by photograph, identification number, variety, sex, size or other distinguishing characteristics, the material characteristics represented for that particular fish form part of the description of the fish offered for sale.

2.4 Unless expressly stated otherwise, photographs are representative and are not a guarantee that the Live Fish will have precisely the same colouration, pattern, proportions or appearance at the time of delivery.

2.5 Measurements of Live Fish are approximate unless expressly stated to be exact.

2.6 Descriptions such as “show grade”, “show quality”, “high grade”, “breeder quality”, “Tosai”, “Nisai”, “Sansai” or similar terminology are descriptive classifications and must be read together with the specific description and photograph of the Live Fish offered for sale.

2.7 We do not warrant that a Live Fish will develop in accordance with any prediction concerning its future size, colour, pattern, conformation, breeding performance, show performance or market value.

3. AVAILABILITY OF LIVE FISH

3.1 All Live Fish remain subject to availability and to the Supplier’s assessment that the particular fish is fit and suitable for dispatch.

3.2 A Live Fish may become unavailable after being displayed on the Website, including because:

1. it has been sold through another sales channel;
2. its condition has changed;
3. it is considered unsuitable for transportation;
4. transportation is unavailable or unsafe;
5. a disease, biosecurity, weather or other event prevents dispatch; or
6. a regulatory or logistical restriction prevents lawful delivery.

3.3 If we cannot fulfil an accepted Order for reasons contemplated by this clause, we will notify you and may, subject to applicable law:

1. offer a reasonable alternative;
2. postpone dispatch; or
3. cancel the affected part of the Order and refund amounts paid for that part.

4. ORDERS AND FORMATION OF CONTRACT

4.1 Submitting an Order through the Website constitutes an offer by you to purchase the selected Live Fish or Products on these Terms.

4.2 An automated acknowledgement confirming receipt of an Order does not necessarily constitute acceptance of the Order.

4.3 A contract of sale is formed only when we issue an Order Confirmation or otherwise expressly confirm acceptance of the Order.

4.4 We reserve the right to decline an Order before acceptance, including where:

1. the relevant Live Fish is unavailable;
2. payment has not been received or authorised;
3. the delivery destination cannot reasonably or lawfully be serviced;
4. the Live Fish is not considered fit for transportation;
5. there is an apparent pricing or Website error; or
6. fulfilment would breach applicable law or regulatory requirements.

4.5 If an Order is declined after payment has been made, the amount paid for the declined Order will be refunded, subject to any lawful deduction expressly permitted under these Terms.

5. PRICE

5.1 The price displayed for a Live Fish or Product is the price applicable at the time the Order is placed, subject to obvious pricing errors.

5.2 Unless expressly stated otherwise, the purchase price does not include delivery, transport, airport handling, special packaging, permits, inspection charges, quarantine charges or other third-party charges.

5.3 All applicable taxes will be dealt with in accordance with South African law.

5.4 Where delivery charges are known at the time of ordering, those charges will be displayed or otherwise communicated before you are required to complete the Order.

5.5 If additional third-party charges arise because of circumstances attributable to you, including an incorrect delivery address, failure to collect, failure to provide required information or failure to accept delivery, you may be responsible for those additional charges to the extent permitted by law.

6. PAYMENT

6.1 Payment must be made using one of the payment methods made available through the Website.

6.2 Unless otherwise agreed in writing, full payment must be received before a Live Fish is dispatched.

6.3 We are not required to dispatch a Live Fish until payment has been received in cleared funds.

6.4 Title to Products purchased by you passes to you upon payment in full, subject to applicable law.

6.5 Payment does not, by itself, determine when risk in Live Fish passes. Risk is dealt with under clause 11.

7. COLLECTION

7.1 Where collection is offered, Live Fish may be collected from: 1 Fairview Crescent, Milnerton Ridge, Western Cape or another collection point notified to you.

7.2 We will notify you when the Live Fish is ready for collection.

7.3 You must collect the Live Fish within the agreed collection period.

7.4 You are responsible for ensuring that your vehicle, container and other transport arrangements are suitable for the safe transportation of Live Fish.

7.5 You must not collect Live Fish if you are unable to transport them safely and promptly to an appropriate quarantine facility.

8. DELIVERY OF LIVE FISH

8.1 Live Fish are currently delivered only within the Republic of South Africa unless we expressly agree otherwise in writing.

8.2 Depending on the destination and transport arrangements, Live Fish may be transported to the nearest suitable main airport or another agreed Delivery Point.

8.3 The anticipated delivery method and estimated delivery period will be communicated to you before or after acceptance of the Order, as appropriate.

8.4 Delivery dates and times are estimates unless expressly agreed as a guaranteed delivery commitment.

8.5 Live Fish transportation is subject to airline schedules, courier availability, weather, airport operations, road conditions, regulatory requirements and other circumstances outside our reasonable control.

8.6 We may postpone dispatch where, acting reasonably, we consider that prevailing conditions create an unacceptable risk to the health or welfare of the Live Fish.

8.7 Where dispatch is postponed for this reason, we will notify you and arrange an alternative dispatch date where reasonably possible.

9. CUSTOMER DELIVERY INFORMATION

9.1 You are responsible for providing complete and accurate delivery and contact information.

9.2 You must provide any information reasonably required to enable lawful and safe delivery.

9.3 If an Order cannot be delivered because you provided incorrect or incomplete information, failed to respond to a delivery notification or failed to collect the Live Fish when required, you may be responsible for reasonable additional transport, holding and handling costs, to the extent permitted by law.

10. SPECIAL TERMS APPLYING TO LIVE FISH

10.1 You acknowledge that Live Fish are living animals and that transportation, handling, acclimatisation and changes in water conditions involve inherent biological risks.

10.2 Live Fish may experience stress during transportation notwithstanding appropriate packing and handling.

10.3 We will take reasonable commercial and husbandry precautions before dispatch, including appropriate inspection and preparation for transportation.

10.4 Where appropriate, Live Fish may be quarantined before dispatch.

10.5 Any quarantine undertaken by us before dispatch does not constitute a guarantee that a Live Fish is free from every disease, parasite or condition that may subsequently manifest.

10.6 You acknowledge that a Live Fish may carry organisms or conditions that are not detectable by ordinary visual inspection at the time of dispatch.

10.7 Nothing in this clause limits any statutory right you may have in relation to defective, unsafe or non-conforming goods.

11. DELIVERY, ACCEPTANCE AND RISK

11.1 The Supplier will remain responsible for the Live Fish until the point at which delivery is accepted by you, except to the extent that applicable law provides otherwise or the loss is attributable to your act or omission.

11.2 Where you collect a Live Fish personally, acceptance occurs when the Live Fish is handed to you at the agreed collection point.

11.3 Where Live Fish are delivered to an agreed Delivery Point, acceptance occurs when you, or a person authorised by you, takes possession of the Live Fish.

11.4 Where transportation is arranged by you independently of the Supplier, risk may pass in accordance with the applicable contractual and statutory rules governing that arrangement.

11.5 Nothing in these Terms transfers risk to you earlier than is permitted by applicable law.

11.6 You must inspect the condition of the Live Fish as soon as reasonably practicable after collection or delivery.

12. DOA AND IMMEDIATE HEALTH NOTIFICATION PROCEDURE

12.1 If a Live Fish arrives dead, appears seriously compromised, or you reasonably believe that there is an immediate problem attributable to transportation or the condition of the Live Fish at delivery, you must contact us as soon as reasonably practicable.

12.2 Unless the circumstances make this impossible, you should notify us within 2 hours of collection or delivery.

12.3 For a DOA claim, you should provide:

1. photographs of the unopened or substantially unopened transport bag;
2. photographs and/or video of the Live Fish;
3. photographs showing the bag label or identifying information;
4. the Order number;
5. the date and time of collection or delivery; and
6. any other information reasonably requested for the purpose of investigating the claim.

12.4 You must not dispose of a deceased Live Fish that is the subject of a DOA claim until we have had a reasonable opportunity to inspect it or otherwise determine the appropriate resolution, unless disposal is reasonably necessary for health, hygiene or legal reasons.

12.5 The notification procedure in this clause is intended to facilitate prompt investigation and does not constitute a waiver of any statutory right or remedy.

13. ACCLIMATISATION AND QUARANTINE

13.1 You are responsible for ensuring that you have suitable facilities, equipment, water quality and knowledge necessary to receive and care for Live Fish.

13.2 Upon receipt, you must follow appropriate acclimatisation procedures before introducing a Live Fish into its intended system.

13.3 You must maintain appropriate water quality and environmental conditions.

13.4 You should quarantine all newly acquired Live Fish before introducing them to existing fish.

13.5 You must not introduce newly acquired Live Fish directly into an established pond or system without appropriate quarantine and acclimatisation.

13.6 The Supplier is not responsible for illness, injury or death caused by improper transportation, handling, acclimatisation, water conditions, quarantine, feeding, stocking, environmental conditions or other circumstances occurring after acceptance of the Live Fish, except to the extent caused by a matter for which the Supplier remains legally responsible.

14. EXISTING FISH AND CROSS-CONTAMINATION

14.1 You acknowledge that introducing new Live Fish into an existing pond, aquarium or other system may introduce disease, parasites or other biological risks notwithstanding reasonable precautions.

14.2 You are responsible for maintaining an appropriate quarantine system before introducing newly acquired Live Fish into an existing population.

14.3 To the maximum extent permitted by law, we are not responsible for loss, illness or death affecting your existing fish where such loss results from your failure to implement appropriate quarantine, acclimatisation or biosecurity measures.

14.4 Nothing in this clause excludes liability that cannot lawfully be excluded.

15. RETURNS, REFUNDS AND STATUTORY RIGHTS

15.1 Because Live Fish are living animals and cannot ordinarily be returned through conventional commercial returns processes, Live Fish are not generally eligible for voluntary returns or exchanges.

15.2 This does not exclude or limit any statutory right to return goods, obtain a refund, replacement, repair, cancellation or other remedy where that right applies.

15.3 If a Live Fish does not comply with an applicable statutory quality requirement, description or other legally enforceable requirement, you may exercise any remedy available under applicable law.

15.4 Any claim will be assessed having regard to:

1. the condition of the Live Fish at the time of delivery;
2. the circumstances of transportation;
3. the time elapsed after delivery;
4. your handling and acclimatisation procedures;
5. quarantine and water-quality conditions;
6. any veterinary or diagnostic evidence available; and
7. any other circumstances reasonably relevant to determining causation.

15.5 Nothing in these Terms requires you to establish matters that applicable consumer legislation does not lawfully require you to establish.

16. CANCELLATION BY THE CUSTOMER

16.1 You may request cancellation of an Order before dispatch by contacting us using the contact details published on the Website.

16.2 Cancellation is subject to any statutory cancellation right that applies to the transaction.

16.3 Where you cancel an Order voluntarily and no statutory cancellation right applies, we may charge a reasonable cancellation and administration fee reflecting costs reasonably incurred in processing the Order, reserving, preparing, packing, transporting or otherwise dealing with the Live Fish.

16.4 Unless otherwise required by law or agreed in writing, the cancellation fee will be: 20% of the affected Order value, subject to a minimum charge of R2,000.00 per cancelled Order.

16.5 The cancellation fee will not apply where the cancellation results from:

1. our material breach of the agreement;
2. our inability to supply the ordered Live Fish;
3. a statutory cancellation right that prohibits such a charge; or
4. another circumstance in which charging the fee would be unlawful.

16.6 Any refund due following cancellation will be processed within the period required by applicable law.

17. CANCELLATION OR POSTPONEMENT BY THE SUPPLIER

17.1 We may cancel or postpone an Order where:

1. the Live Fish becomes unavailable;
2. the Live Fish is not considered fit for transportation;
3. transportation cannot safely or reasonably be arranged;
4. weather or environmental conditions create an unacceptable risk;
5. an airline, courier or transport provider refuses or is unable to transport the Live Fish;
6. a disease outbreak, quarantine restriction, regulatory requirement or biosecurity concern prevents transportation; or
7. another circumstance outside our reasonable control prevents fulfilment.

17.2 Where we cancel an Order for reasons attributable to us, we will refund amounts paid for the affected Live Fish, subject to applicable law.

18. PRODUCTS OTHER THAN LIVE FISH

18.1 The sale of fish food, equipment and other non-live Products is subject to the ordinary statutory rights applicable to those Products.

18.2 Returns, exchanges and refunds for non-live Products will be dealt with in accordance with applicable law and any specific return policy displayed on the Website.

18.3 Nothing in the Live Fish provisions of these Terms applies to a non-live Product where the application of that provision would be inconsistent with applicable law.

19. WARRANTIES AND LIABILITY

19.1 We will perform our obligations with reasonable care and in accordance with applicable law.

19.2 Except as expressly provided in these Terms or required by applicable law, we do not warrant:

1. future growth or development of a Live Fish;
2. future colour development;
3. future pattern development;
4. breeding performance;
5. show results;
6. future market value; or
7. suitability for a particular pond, breeding programme, show category or other purpose that has not been expressly agreed with us.

19.3 To the maximum extent permitted by law, we will not be liable for loss caused by circumstances occurring after acceptance of the Live Fish where those circumstances are not attributable to us.

19.4 Nothing in these Terms excludes or limits liability for:

1. fraud or fraudulent misrepresentation;
2. any liability that cannot lawfully be excluded or limited;
3. any statutory consumer remedy that cannot lawfully be excluded; or
4. any other liability expressly preserved by applicable law.

19.5 Subject always to clause 19.4, our liability will be limited to the remedies available under applicable law and, where a contractual limitation is legally permissible, to the amount paid for the affected Live Fish or Product.

20. FORCE MAJEURE AND LIVE-ANIMAL EVENTS

20.1 We will not be responsible for delay or inability to perform caused by circumstances beyond our reasonable control, including:

1. severe weather;
2. flooding, fire or natural disaster;
3. airline or transport disruption;
4. airport closure;
5. industrial action;
6. disease outbreak;
7. quarantine or biosecurity restrictions;
8. governmental or regulatory action;
9. interruption of essential utilities;
10. telecommunications or Website failure;
11. war, civil unrest or terrorism; or
12. any other comparable event beyond our reasonable control.

20.2 Where such an event affects an Order, we may postpone dispatch, change the delivery arrangements or cancel the affected Order where fulfilment is no longer reasonably possible.

21. COMPLAINTS AND CLAIMS

21.1 Complaints should be submitted to:

21.2 A complaint concerning Live Fish should include:

1. the Order number;
2. the relevant Live Fish identification or description;
3. the date and time of delivery or collection;
4. photographs and/or video where relevant; and
5. a concise description of the problem.

21.3 We will investigate complaints reasonably and may request further information, photographs, video, water-quality information, transport information or independent veterinary or diagnostic evidence where appropriate.

22. ELECTRONIC COMMUNICATIONS

22.1 You agree that communications relating to your Order may be sent electronically to the email address, telephone number or other contact details supplied by you.

22.2 Electronic records of Orders, confirmations, invoices and communications may be retained as records of the transaction.

22.3 You are responsible for ensuring that your contact details remain accurate.

22.4 These Terms are made available to you in a form that permits you to read, save and reproduce them.

23. PERSONAL INFORMATION

23.1 We will process personal information supplied through the Website in accordance with our Privacy Policy and applicable data-protection law.

23.2 You should read the Website’s Privacy Policy before placing an Order.

24. INTELLECTUAL PROPERTY

24.1 All intellectual property rights in the Website, including its text, graphics, logos, photographs, design, software and other content, belong to or are licensed to the Supplier unless expressly stated otherwise.

24.2 You may use Website content solely for your personal or legitimate internal purchasing purposes.

24.3 You may not reproduce, distribute, commercially exploit or modify Website content without our prior written consent, except to the extent permitted by law.

25. GENERAL

25.1 If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed or modified to the minimum extent necessary and the remaining provisions will continue in force.

25.2 Our failure to enforce a provision of these Terms does not constitute a waiver of that provision.

25.3 These Terms, together with the applicable Order Confirmation, Website product description and any expressly incorporated policies, constitute the agreement governing the relevant Order.

25.4 No amendment to these Terms will retrospectively alter the contractual terms applicable to an Order already accepted unless required by law or agreed with you.

25.5 Headings are included for convenience and do not affect interpretation.

26. CONSUMER PROTECTION

26.1 Nothing in these Terms is intended to exclude, restrict or limit any right afforded to a Consumer under the Consumer Protection Act 68 of 2008 or any other applicable law where that right cannot lawfully be excluded, restricted or limited.

26.2 Where there is an inconsistency between these Terms and a mandatory provision of applicable law, the mandatory provision will prevail to the extent of the inconsistency.

26.3 Where the CPA or another applicable consumer-protection statute applies to an Order, the parties’ rights and obligations will be interpreted consistently with that legislation.

27. GOVERNING LAW AND JURISDICTION

27.1 These Terms and each Order are governed by the laws of the Republic of South Africa.

27.2 Subject to any mandatory consumer rights concerning jurisdiction or dispute resolution, the South African courts will have jurisdiction over disputes arising from or in connection with these Terms or an Order.

27.3 Nothing in this clause prevents either party from approaching a court, tribunal, regulator or other body where applicable law permits or requires the matter to be dealt with by that body.

28. VERSION CONTROL

Version: 1.0

Effective Date: 2026/08/27

Last Updated: 2026/09/07

The version of these Terms applicable to an Order is the version made available to you before you submit that Order.

29. CUSTOMER ACKNOWLEDGEMENT

Before submitting an Order for Live Fish, you acknowledge that:

• you understand that Live Fish are living animals and that transportation and acclimatisation involve inherent risks;
• you have suitable facilities to receive and quarantine the Live Fish;
• you understand that newly acquired Live Fish should be quarantined before introduction to existing fish;
• you have provided accurate delivery and contact information;
• you have reviewed the applicable delivery arrangements and charges; and
• you have read and accepted these Terms.

By clicking “Place Order”, “Pay Now” or an equivalent button, you submit your Order on the basis of these Terms.