"You need to know your rights, we need to know ours."

These Terms and Conditions describe the relationship between you, the purchaser and tus, he owners of the business and website.

WHO ARE YOU CONTRACTING WITH

• www.koinet.co.za,  www.koitour.co.za  and www.aquanet.co.za (the "Websites") are owned and operated by AquaNet Consulting of De Kelders, Gans Bay, Western Cape, South Africa, (hereinafter referred to as "KoiNet")
• AquaNet Consulting provides consulting and training services to the koi and aquaculture sector
• KoiNet imports goods of an aquaculture nature from Japan, Singapore, Taiwan and the USA and sells such goods across South Africa, mainly by mail order.
• KoiNet manufactures and packs goods for the koi and aquaculture sector.
• KoiNet accepts pre-paid orders for live Nishikigoi (Koi carp) from customers, imports the fish and arrange delivery.
• KoiNet travels to Japan and Singapore annually to select Nishikigoi on behalf of customers.
• KoiTours arranges tours and allows customers to travel to Japan and share our experience of this fascinating country.
• Visitors to the Websites ("Users" or "customers:" or  "you"), including those Users who purchase any products on the Website ("Purchasers") are bound by these terms and conditions ("T&C"). If you do not agree to these T&C, do not continue to use the Website. Your continued use of the Website will constitute acceptance of the T&C, unmodified by you.
• You may initiate, continue and complete an order independent of the website by email, phone, facsimile or in person. These terms and conditions govern to all business conducted by KoiNet with you.

PURCHASES FROM KOINET

KoiNet Products & Availability

Stock identification and availability:

Unless clearly marked or indicated otherwise, goods and services offered on the websites are stocked or offered for sale by KoiNet.

Stocks of all goods on offer are limited and the availability may change at short notice. KoiNet shall make all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should KoiNet be unable to fulfill any order placed by you at the advertised price due to stock having sold out, KoiNet will notify you and you will be entitled to a refund of the amount paid by you for such product, as explained in more detail in the Refund Policy ("Refund Policy")

Pre-paid products

Pre-paid products are products  or services you can order in advance from us for our selection and purchase in a foreign country on your behalf. These are no stock items and customers must offer and pay a budget price on receiving an invoice. KoiNet handles pre-paid orders on a 20% fixed margin basis, and any variation is for your account assuming proper document proof is given.

Pre-paid products are not normal items held in stock, but offered as generic product of which you specify or describe the requirements, and offer a budget, and KoiNet uses your money to purchase and import the product. The budget price may or may not include the local component like clearing, import tax, vat and/or local delivery and this will be indicated on the pre-paid invoice to avoid uncertainty.

Errors: 

Please note that although KoiNet endeavours to accurately describe and/or depict each product on the Website, some descriptions, images or photographs may be of a generic nature and not specific to the particular product you wish to buy. However, should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to KoiNet for a full refund within 7 days of delivery. Please see our Refund Policy in this regard (which explains how and when you can be refunded, as well as how returns are to be made).

Agreements of Sale

Agreement to do business:

Inquiring by phone or fax; sending us email; or placing a product in a shopping basket or adding it to a wishlist without completing the purchase cycle does not:

• constitute an agreement of sale; and/or
• constitute an order for such product,

and as such, KoiNet may remove such product from the shopping basket or wishlist if stock becomes unavailable and you cannot hold KoiNet liable if such product is not available when the purchase cycle is completed at a later stage.

An agreement of sale only comes into effect if and when:

• you electronically submit a properly completed order for one or more products in your shopping basket;
• a legitimate invoice is issued; and
• payment is either authorized, or received by KoiNet in its bank account.

Termination of Sales & Cancellation of Orders

• By KoiNet: KoiNet reserves the right, for purposes of preventing suspected fraud , to refuse acceptance or process payment on any order, and/or to cancel any sale concluded between you and KoiNet, in whole or in part, on notice to you. KoiNet shall only be liable to refund monies already paid by you (see KoiNet's Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.
• By You: Save for certain exceptions (including live fish and pre-paid orders), and subject to certain charges, the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a full purchase price refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date). Please read the Refund Policy for further details in this regard.

Amounts payable by You

Prices:

The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.

The price on pre-paid imported perishable goods (eg Nishikigoi) are determined by your budget amount, and only becomes valid after issue of a pro-forma invoice and completing payment.

Delivery Charges:

Delivery charges differ depending on a variety of factors, including product type, price, exchange rate, and weight, as well as whether delivery is to be made within, or outside, the borders of South Africa. Please see details of Koinet's delivery charges by clicking here.

Value Added Tax:

Value added tax at the rate of 14% is charged on goods bought by South African residents. VAT is not payable on orders if both the billing and the shipping address are international.

Import Duties:

Import duties may be payable by recipients of goods in foreign countries. Koinet does not know what import duties/levies may be payable and cannot calculate or estimate such costs. You are responsible for determining whether any such import duties/levies are payable and, if so, the amount thereof.

Import pre-paid orders:

Import duties and sales tax are included in the price payable on pre-paid orders. This amount should be taken into consideration when calculating the budget amount.

Pre-paid orders:

Should KoiNet be unable to meet the specification or budget amount as per the pre-paid budget invoice, you and KoiNet will enter into discussion which will result in either an new pre-paid final invoice or a cancellation of order and refund as per Refund Prodedure.

Errors:

KoiNet shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, KoiNet will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.

Payment Methods

Payments can be effected in one of the following ways:

• Credit card payments.

If you elect “Payment by credit card” or click the 2CO button at the time of placing the order, you will be taken to the 2CheckOut site, where you must enter the card details as requested. 2CheckOut will provide card verification and collection of funds and reimburse KoiNet accordingly.  If successful, payment is reserved for KoiNet immediately and you will be returned to the Website. If bank’s authorisation is not obtained, the order will be cancelled.

• Electronic Funds Transfer.

If you select the "pay by EFT' button, instructions will be given on how to proceed with Electronic Fund Transfers into KoiNet's bank account and it would be subject to the following rules:

• the exact invoice amount must be paid;
• the payment must be identified by supplying the order number and you surname in the reference section on the electronic transfer;
• no transfers may be made from ATM's;

Fund transfer is done by you on via the internet and the standard precautions should be taken in this regard. KoiNet can only react once the amount due is reflected and available on our bank account.

• Bank deposits

If you select the "pay by bank deposit' button, instructions will be given on how to deposit monies into KoiNet's bank account and it would be subject to the following rules:

• the exact invoice amount must be paid;
• If cash is deposited, however, allowance must be made for cash deposit fees
• the payment must be identified by supplying the order number and surname in the reference section of the deposit slip;
• cheque deposits are subject to a clearing period of up to ten days;
• no bank deposits are accepted from outside the borders of South Africa; and
• your order will be cancelled if you choose to pay by bank deposit and
  1. the amount due is not paid within 5 business days; or.
  2. the deposit is returned unpaid; or
  3. the correct amount is not paid

Bank deposits are  carried out by you at a registered bank.  KoiNet can only react once the amount due is available on our bank account as cleared for use.

Bank account

For all purposes and payments, other than credit card payments, our banking details are as follows:

• ABSA Bank,  Current Account No 407 8582 507,  Branch Code 632005, or
• ABSA Bank,  Savings Account No 911 4576 249,  Branch Code 632005

Some banks might require more: Gans Bay branch,  Swift Code: ABSA JJ ZA

Deliveries

Where we deliver: 

KoiNet delivers to addresses both within and beyond the borders of South Africa, except for the following types of products:

• Parcels that contain illegal goods as per Internet Express or South African Postal Services;
• Goods that are known to be not for sale in a country;
• Products and goods that are restricted or declared illegal by 2CheckOut Inc;

KoiNet delivers live fish to addresses both within and beyond the borders of South Africa, providing the following conditions are met:

• Strict adherence to the protocol for live animals followed by Singapore Air, KLM or Cathy Pacific
• All import paperwork must be in place and verified;
• A route to a destination is cleared and the recipient notified by the airline; § Transit time to destination is not beyond 48 hours.

Delivery Periods:

• Inside the borders of South Africa

All KoiNet items listed on the Website have normally an indication of the delivery time:

• 24 hours – KoiNet offers a so-called next-day delivery service on selected products (i.e. where the total order weight is under 3kg) but only for main centres in South Africa. If all the items in your purchase are 24-hour delivery products and the order is placed before 12h00 on a business day (being Monday to Friday), and the delivery address specified by you is located in a main centre, you will receive it the following working day. Main centres include any destination within a 50km radius of the following cities: Pretoria, Johannesburg, Bloemfontein, Cape Town, George, Port Elizabeth, East London, Durban, Pietermaritzburg and Nelspruit. Delivery outside main centres is usually within 3 working days.

• Normal parcel mail - usually 5 to 10 business days..

• Road courier - usually 5 to 15 business days

If it is not indicated it means delivery method must first be cleared with the customer.

• Outside the borders of South Africa

Goods to the following international destinations are sent as follows:

• African countries - delivery to a post office in such African country only;
• All other countries - via airmail parcel post or via courier (the costs of courier delivery usually being very high and determined on an ad hoc basis).

Delivery usually takes place within 2 or 3 weeks after dispatch, however, seasonal peaks and delays at customs is outside the control of KoiNet and deliveries may take up to 12 weeks.

• Important notes:

• Delivery periods are only regarded as having commenced upon payment confirmation being received by KoiNet.
• If products with different delivery times are ordered together, the product with the longest delivery time will determine the delivery time of all the products in the order. Should you thus wish to receive 24 hour products within 24 hours, for example, KoiNet recommends that you order such products separately from the products requiring longer delivery times.
• KoiNet makes every effort to ensure that the information supplied on the Website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform you, the purchaser.

Pre-paid products

Pre-paid products will be handled separately, and will be shipped when ready. Pre-paid orders are paid and handled separately from normal purchased goods. You the basket will be split into different orders, and you will be consulted beforehand.

Delivery costs

This section must still be completed in more detail but usually the following inside South Africa::

• Door to door courier service - R135 or more
• Parcel mail with tracking - R40 for the first kilo, and R4 for each additional delivery.
• Econoparcel - R20.00 per item 458 x 324 x 100 mm up to 1 kg.
• Road freight - per quote

Refund Policy

Cooling off period

Save for certain exceptional cases (as listed below), Section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel any sale concluded on this website within 7 days after date of receipt of the goods and to obtain a full purchase price refund within 30 days thereafter, subject to being charged by KoiNet, as the case may be, for the return of the goods. You will thus be able to return certain products that you are not satisfied with for any reason within such 7 day period.

Section 42(2) of the ECT Act sets out all the exceptions to the aforesaid ‘cooling-off right’. The exceptions include the following products in respect of which NO cooling off period shall apply:

• Items that reach you within the cooling off period and then opened from its package.
• Books, magazines, newspapers and periodicals;
• Foodstuffs, beverages or other goods intended for everyday consumption and delivered to a Purchaser’s home, residence or workplace; and
• Products which by reason of their nature cannot be returned or which are likely to deteriorate or expire rapidly.

You will only be entitled to a refund in respect of the exceptions listed above in the event and to the extent that any such refund is provided for under the express provisions of this Refund Policy herein below.

Late delivery

If a product purchased is not delivered within the agreed delivery period, or where no specific period was agreed, within 30 days after having purchased the Product, the ECT Act entitles you to cancel such sale on 7 days notice to the seller of such product

Should a product purchased be unavailable, the KoiNet thereof must notify you and issue a full refund within 30 days after such notice.

Early Cancellations

Save for any purchase of an item which cannot be cancelled once purchased, you are entitled to cancel (either in whole or in part) any sale without attracting any cancellation and/or administration charges if you cancel prior to the packaging of the products so sold. Cancellations can be effected by calling KoiNet by phone (+27 82 440 6770 ) or facsimile (+27 68 518 8568) or email (info@koinet.co.za) or online (cancellation notice)

Note: If timorously cancelled as aforesaid, you will be fully refunded in respect of such cancelled sale (including delivery charges), without any administrative or other charges being payable; provided that, should a sale only be partially cancelled and delivery charges as re-calculated on the value of the revised order exceed the delivery charges as calculated on the original order, you shall be liable for the amount of such excess delivery charges.

Defective/Damaged/Unsuitable Products

These conditions do not apply to any live products and fish.

• GENERAL RULE: If, within 6 months after delivery of a product to you,
  • you find that the product is defective/faulty, unsuitable for the purpose for which it was indicated in the product description (or otherwise generally intended), not legal, or not reasonably durable (based on circumstances and product type) (hereinafter referred to as being “Defective”); and
  • you arrange to return such product to KoiNet for inspection (at KoiNet’s expense) by notifying KoiNet via email (to info@koinet.co.za) or via the phone (at +27 82 440 6770 ),
  • and the product is subsequently found  to indeed be Defective,
  you are entitled to either :-
  • (a) have the product repaired or replaced at KoiNet’s expense, or
  • (b) be fully refunded;
  but if the product is found,
  • NOT to be Defective, you will be liable for the costs incurred in having such product returned to KoiNet and then re-delivered to you.

When is a product defective?

Please note that the following issues/problems will NOT render the product defective as aforesaid and will not entitle you to any repair, replacement or refund:

• when the product is a living thing, or
• faults resulting from normal wear and tear;
• where you, or someone unauthorised to do so by KoiNet, has altered or damaged the product;
• where an item not suitable for your child because of his/her age, and it is used or damaged by such a child as is reasonably obvious from the nature of the item;
• if damaged by water when it not expressly indicate that you can use it in or under water;
• electronic equipment purchased by you which are not compatible with your operating system and/or existing hardware . Consequently, before purchasing any electronic equipment that requires interfacing with you existing hardware or software, please confirm that same is compatible with your existing hardware and operating system. System requirements are usually available on the manufacturer’s website
• Products which shows evidence of (a) impact, sand, liquid or moisture damage; (b) dropping, mishandling or tampering; (c) battery or chemical corrosion; (d) damage caused by connected equipment; or (d) use contrary to the applicable instruction manual

When product is a living thing?

Please view the special conditions pertaining to live fish

Exceptions to the general rule:

Applying to all goods except  live products.

• Special Offers: If the product was ordered pursuant to a “Special Offer” and such product is no longer being offered at the special price, should you elect to have the product repaired or replaced (as opposed to being refunded), KoiNet will only be able to repair, not replace same.
• Equipment:  When returning the product, the relevant invoice and proof of payment must also be returned to KoiNet. Assessments and repairs are carried out by the approved repair centres and may take up to 6 weeks.
• Manufacturer’s Warranties/Guarantees: Certain products may carry additional manufacturer’s warranties/guarantees which are wider in scope, and/or longer in duration, than the 6 month warranty generally provided (as discussed above). Consequently, if a defect is discovered AFTER 6 months from delivery, you could still rely on the following:
  • Equipment manufacturer guarantees are normally a 1 year repair guarantee. KoiNet’s liability under such Equipment Manufacturer Guarantee is restricted to the costs of repair or replacement of faulty goods or granting of a credit at the sole discretion of KoiNet and its suppliers after investigation and/or testing of goods.
  • All Equipment Manufacturer Guarantees are immediately null and void should any equipment be tampered with, or the seals on equipment be broken by anyone other than the manufacturer’s representative, or the goods be operated outside the manufacturer’s specifications.
  • Under no circumstances will KoiNet be liable for any damage arising from any misuse or abuse of the goods.
  • To obtain service under this warranty, the product together with the original invoice and proof of payment must be sent back to KoiNet.
• The Equipment warranty set forth above does not cover
• routine cleaning or normal cosmetic and mechanical wear and tear;
• damages, defects or unsatisfactory performance caused by the attachment of accessories not produced by the same company as the product purchased; or
• damages, defects or unsatisfactory performance caused by repairs performed by any party other than a facility authorized by KoiNet.

Non-defective Products

Products which are NOT defective, damaged or unsuitable as discussed above, but which you want to return for whatever reason, can be returned within 7 days from delivery, as explained above under ‘Cooling Off Period’.

Products must be returned in their original, un-opened packaging to be able to be returned for a refund.

This does not apply to living things for which special conditions are listed below

Processing refunds

Should you be entitled to a refund for any reason, such refund shall –

a) in the case of payment having been made by credit card ks account as the case may be, provided that if you are refunded on a credit card in respect of only a portion of any order placed by you, then any subsequent refunds processed in respect of that order will be credited to your KoiNet shopper profile in accordance with (b) below;

b) in other instances, be credited to your KoiNet shopper profile, in which case you have the right to request that the funds be paid into your bank account, being your bank account as reflected on KoiNet’s records. KoiNet will not, in this instance, pay

Live fish

Special conditions

Live fish can not be returned willy-nilly to use and will not be accepted for return delivery  from any party . If you have a valid claim and were misled in some way, we may offer a discount and try to come to an agreement, but for biosecurity reasons fish can not be taken back and sold to another customer. It will either have to be destroyed or we need to come to an agreement which may include the option for you to keep the fish.

Fish are guaranteed for 7 days after arrival in the country if pre-paid import orders, and/or 7 days after delivered from a local source. Despite this guarantee you are to keep records and photo's to substantiate your claim. We will endeavor to compensate you for any losses should it can be proven than the fish were NOT in contact with third party fish for the entire period and that proper precautions were taken. All dead fish must be photographed and kept in a freezer until the claim is finalized.

Failure to provide proper records and failure to contact KoiNet immediately, may render this guarantee or subsequent claim null and void.

However, this guarantee can not be enforced while the fish is in the hands of a third party or while KoiNet cannot control the handling of the fish. The customer must accept that he is buying a living fish with all the uncertainty that it brings, and that he accepts full responsibility and barring mishandling, negligence, accidents and mishaps, he has no claim against KoiNet.

KoiNet endeavours to take all the precaution necessary to deliver a healthy fish to the customer.