Fish Health

We guarantee live delivery and full satisfaction. However, the responsibility for maintaining the health of the fish after delivery has to be shared by the customer. We request that you follow the recommendations listed below:

1. Learn what is required to successfully maintain healthy fish. There are numerous websites available covering all aspects of ponds, filtration, water parameters, koi, koi health, etc.

2. Quarantine new arrivals for 2 weeks at a minimum temperature of 75 degrees F. Some fish diseases are not apparent at cooler temperatures. We cannot accept responsibility for conditions created by mixing new fish with existing fish.

By purchasing from our website, the user agrees that Next Day Koi is not to be held responsible for any previously existing fish in a given environment, nor the cost of medications, materials, consultations, or any other costs incurred by the user.

Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) on Next Day Koi, Inc.’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

i. modify or copy the materials;

ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

iii. attempt to decompile or reverse engineer any software contained on Next Day Koi, Inc.’s web site;

iv. remove any copyright or other proprietary notations from the materials; or

v. transfer the materials to another person or “mirror” the materials on any other server.

b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Next Day Koi, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

a. The materials on Next Day Koi, Inc.’s web site are provided “as is”. Next Day Koi, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Next Day Koi, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Next Day Koi, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Next Day Koi, Inc.’s Internet site, even if Next Day Koi, Inc. or a Next Day Koi, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Next Day Koi, Inc.’s web site could include technical, typographical, or photographic errors. Next Day Koi, Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. Next Day Koi, Inc. may make changes to the materials contained on its web site at any time without notice. Next Day Koi, Inc. does not, however, make any commitment to update the materials.

6. Links

Next Day Koi, Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Next Day Koi, Inc. of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

Next Day Koi, Inc. may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Next Day Koi, Inc.’s web site shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions, and brought solely in a court of competent jurisdiction in Forsyth County, NC.

General Terms and Conditions applicable to Use of a Web Site.

Sales Disclaimer

The following disclaimer by Next Day Koi, Inc. is to all purchasers utilizing their online store. By completing the purchase process you as the purchaser certify you have fully read and understood this disclaimer and accept the terms. You may not return any items. Next Day Koi, Inc. will under no circumstances accept returned fish or fish food. Next Day Koi, Inc. will not be held responsible for any return shipping incurred by the purchaser.

The purchaser may request a refund for any Dead On Arrival (DOA) fish or any fish that dies within 14 days of arrival. Refunds will be granted in all reasonable requests, as judged by Next Day Koi, Inc.

As the purchaser, you assume all risk and responsibility whatsoever for any and all losses or damages to persons or property including consequential damages arising from the use of any product or service purchased from this website, whether or not occasioned by Next Day Koi, Inc.’s negligence or based on strict product liability or principles of indemnity or contribution. You will protect, indemnify, and defend Next Day Koi, Inc. from any claim by any person arising from the use of or exposure to any product you purchase from this website. Next Day Koi, Inc. does not assume or authorize any person or entity to assume any liability on behalf of Next Day Koi, Inc. in connection with the use of any product or service.

Any claims arising from, or in any way related to your purchase of products from this website, or anyone’s use of products you purchase from this website, will be decided under the law of the state of North Carolina and brought solely in a court of competent jurisdiction in Forsyth County, NC.

Privacy Policy

What information do we collect?

We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.

When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

– To personalize your experience (your information helps us to better respond to your individual needs)

– To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)

– To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)

– To process transactions

Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.

– To send periodic emails

The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.

Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

Do we use cookies?

Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information

We use cookies to help us remember and process the items in your shopping cart and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

California Online Privacy Protection Act Compliance

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their account and clicking the appropriate “change password” or “Edit” link on the My Account page.

Childrens Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Your Consent

By using our site, you consent to our privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.

This policy was last modified on 9/28/22.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

4546 Kernersville Rd.

Kernersville, NC 27284

United States

sales@nextdaykoi.com

(336)231-0086