Policies and Terms of Services

The Wet Spot Tropical Fish Store Location has a 24-hour limited warranty on most fish (unless noted). The Wet Spot Tropical Fish must be notified within 24 hours of any problems. In case of a casualty, a water sample (water only – no fish), the body (separate from the tank water), and a receipt must accompany all replacement requests. All replacements are dependent on test results. A second sample may be required if the sample does not match known parameters.

We do not replace fish that have been obvious victims of aggression, fish put in a tank with poor water quality, not transported or acclimated properly, or if the customer was advised about possible problems and disregarded the advice.

For orders placed through Online:

• We guarantee live arrival on all overnight shipments, provided they arrive on the projected day of delivery. Only overnight deliveries come with this guarantee.
• We do not guarantee live arrival on shipments sent via slower shipping methods. Shipping charges of any kind are not covered by our Live Arrival Guarantee.
• Guaranteed fish* determined to have arrived DOA will be awarded as credit on your next order, equal to the value of the fish lost. No refunds will be given for DOA livestock.
• At least two clear photographs of DOA livestock inside the unopened bag are required to receive credit.
• DOA documentation should be made using our DOA Documentation form.
• Images must clearly show the deceased fish in the unopened bag. These images must be received within four hours of package delivery.
• Late photographs or those depicting fish outside of the shipping bag (e.g. in a bucket or tank; out of water) are not acceptable documentation and will not result in credit.
• Opening the shipping bag(s) ends the ‘arrival’ period and, without appropriate photographs, indicates that the fish are acceptable in the condition they arrived.
• * Not all species are guaranteed. Please see our Terms of Service for all fish that do not carry this guarantee.

The following fish are not covered under our Livestock Guarantee for Online Orders. For Retail Store Location exempt fish, please see your store receipt or contact the Retail Store Location at 503-287-3339.

We do not guarantee any fish over 6″. 

All species of Wild Discus including but not limited to:

Tefe Green Discus	Symphysodon aequifasciata
Peruvian Green Discus	Symphysodon aequifasciata
Heckel Discus	Symphysodon discus

Assorted species of Tanganiykan Cichlid including but not limited to:

Aulonocranus	dewindti
Benthochromis	tricotti
Callochromis	macrops  “Red”
Callochromis	melanostigma
Callochromis	pleurospilus  “Flame Rainbow”
Cyathopharynx	foai  “Kachese”
Cyprichromis	leptosoma  “Bulu Point”
Cyprichromis	leptosoma  “Chituta”
Cyprichromis	leptosoma  “Kafungi”
Cyprichromis	leptosoma  “Katete”
Cyprichromis	leptosoma  “Kerenge Island”
Cyprichromis	leptosoma  “Kigoma”
Cyprichromis	leptosoma  “Kitumba”
Cyprichromis	leptosoma  “Blue Orchid”  “Livua”
Cyprichromis	leptosoma  “Tri Color” “Chaitika”
Cyprichromis	leptosoma  “Mamelesa”
Cyprichromis	leptosoma  “Moliro”
Cyprichromis	leptosoma  “Nkonde”
Cyprichromis	leptosoma  “Utinta”
Cyprichromis	Microlepidotus  “Lyamamba”
Cyprichromis	zonatus
Ectodus	decampsi  “Moliro”
Enantiopus	sp. “Kilesa”
Enantiopus Lamprichthys	melanogenys tanganicanus
Ophthalmotilapia	nasuta “Tiger”
Ophthalmotilapia	ventralis”Chituta”
Ophthalmotilapia	ventralis “Kambwimba”
Ophthalmotilapia	ventralis  “Mpimbwe”
Paracyprichromis	velifer
Paracyprichromis	nigripinnis  “Blue Neon”
Xenotilapia	bathyphilus  “Yellow Fin”
Xenotilapia	flavipinnis
Xenotilapia	ochrogenys  “Utinta”
Xenotilapia	ochrogenys “Ndole Bay”
Xenotilapia	papilo   “Sunflower”

Assorted South American Species including but not limited to:

Altum Angelfish	Pterophyllum altum
Sabre Tusk Characin	Rhaphiodon vulpinnis
Vampire Tetra	Hydrolycus armatus
Zebra Pike	Crenicichla zebrina

Assorted African Species including but not limited to:

African Tiger Fish

Hydrocynus sp.

Assorted species of Loricariids including but not limited to:

Antenna Cat	Pterosturisoma microps
Blue Eye Plecostomus	Panaque cochliodon
Bumble Bee Oto	Parotocinclus sp. “Peru”
Chameleon Whiptail	Pseudohemiodon apithanos
Gold Nugget Pleco L018	Baryancistrus xanthellus
Gold Nugget Pleco L081	Baryancistrus xanthellus
Green Farlowella	Acestridium dichromum
Iriri Gold Nugget Pleco L177	Baryancistrus xanthellus
Orange Otocinclus	Nannoptopoma sp. “Peru”
Red Fin Cactus Pleco L024	Pseudacanthicus sp.
Scarlet Pleco L025	Pseudacanthicus sp.
Vampire Otocinclus	Nannoptopoma sp.
Zebra Pleco L046	Hypancistrus zebra

Assorted species of wild-caught Betta including but not limited to:

Blue Dragon Betta	Betta ocellata  “Malinau”
Brunei Beauty Betta	Betta macrostoma

Assorted species of wild caught Danionella including:

Danionella sp.
Danionella translucida
Danionella cf. dracula
Danionella priapus

Store Location: Fish cannot be held for more than 24 hours, regardless of payment.

 

Online Orders: Once the order is paid in full, fish will be held for 48 hours prior to the shipping date.

Fish that do not have an identified sex in their listing (Ex. “Males” or “Pair”) will be shipped “unsexed.” Sexing requests are taken into consideration when catching, but are not guaranteed unless there is an identified sex in the listing.

If you are a local customer and no longer want your fish, we can accept them as a donation, provided you call ahead to ensure we have room for it. Donations can only be accepted Monday through Friday, by a member of the management. Upon arrival, we will inspect the fish to ensure it is in good health. We will not accept sick, injured, or “tank buster” fish.

All donations of fish or equipment are final, become the full property of The Wet Spot Tropical Fish, and are not eligible for credit.

The Wet Spot Tropical Fish reserves the right to respectfully decline a donation if it is unsuitable for any reason.

Welcome to The Wet Spot Tropical Fish! This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from https://www.wetspottropicalfish.com (the “Site”).

 

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

 

Device Information is collected using the following technologies:

 

• “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. Usage of a cookie is in no way linked to any personally identifiable information on our site. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
• “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
• “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

 

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers and PayPal information), email address, and phone number. The information collected is not used for marketing purposes, but solely for the purposes of completing your purchase. We refer to this information as “Order Information.”

 

Additionally if you fill out a form on our website, such as a contact form, mailing list sign-up / pop-up form, or comment on a blog post, we or one of our data processors may store relevant information you have consented to provide us, such as your email address and other personal information required by the form.

 

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

 

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

 

Communicate with you;

Screen our orders for potential risk or fraud; and

When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

 

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). In addition, we use the Device Information for the purposes of Behavioral Advertising, as described below.

 

We may use the Personal Information you provide to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

 

SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above.  For example, we use Woo Commerce to power our online store – you can read more about how Woo Commerce uses your Personal Information here:  https://docs.woocommerce.com/documentation/get-help/woocommerce-com/privacy/?_ga=2.138191986.336186809.1552063854-1365514049.1552063854. We also use Google Analytics to help us understand how our customers use the Site – you can read more about how Google uses your Personal Information here:  https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

 

Other service partners / data processors may include:

 

Mailchimp, which we use to manage our email newsletter subscriber list. Refer to their privacy policies for more information on how they manage user data.

Google LLC, which provides our email service.

PayPal, which provides for payment.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

 

BEHAVIORAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.  For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work

 

You can opt out of targeted advertising and other services by visiting:

 

FACEBOOK – https://www.facebook.com/settings/?tab=ads

GOOGLE – https://www.google.com/settings/ads/anonymous

http://optout.networkadvertising.org/?c=1#!/

http://www.youronlinechoices.com/

http://optout.aboutads.info/

We may share data, such as technical identifiers derived from your registration information on our website or our CRM system, with our trusted advertising partners. This allows them to link your devices and/or environments and provide you a seamless experience across the different devices and environments that you use. To read more about their linking capabilities, please refer to their privacy policy listed in the above-mentioned platforms or listed below:

PINTEREST – https://help.pinterest.com/en/article/personalization-and-data

 

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

 

YOUR RIGHTS

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

 

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above.  Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

 

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information. Analytics data is retained in Google Analytics for 26 months.

 

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

 

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at info@wetspottropicalfish.com or by mail using the details provided below:

 

4310 NE Hancock Street, Portland, Oregon, 97213

 

(503) 287-3339

 

YOUR CONSENT

By using our site, you consent to this Privacy Policy.

 

This policy was last modified on March 8th, 2019.

Payment must be received in full before fish are bagged and shipped. Fish cannot be held with or without payment. Availability of fish is not guaranteed outside of 48 hours after order receipt.

We do not offer cash or card refunds. All refunds will be issued as store credit towards your next order. Fish and items paid with credit count towards the $24 minimum order.

All content appearing at https://www.wetspottropicalfish.com/ is copyrighted material and may not be copied, used, or reproduced without the express authorization of The Wet Spot Tropical Fish.

All images of The Wet Spot Tropical Fish store, including photos or videos taken by anyone for personal use or otherwise, are copyrighted material and may not be used without the express authorization of The Wet Spot Tropical Fish. If you wish to take photos or videos of the store for any reason, please contact us at info@wetspottropicalfish.com or at (503) 287-3339 to request permission.

Buyer is responsible for observing all laws regarding animal importation for their home state and for acquiring any required permits for possession or importation prior to completing transaction. Buyer is responsible for knowing their home state’s laws for importation of aquatic livestock, including lists of conditional, restricted, and prohibited species.

Cancellations within 24 hours of shipment are subject to a 10% restocking fee, calculated from the entire order value.

All sales are final.

We do not guarantee the sex of any fish unless listed as such on our master fish list (eg. “MALES ONLY”).

 

CONDITIONS OF USE

 

PLEASE NOTE: THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE. THE WAIVER AFFECTS HOW DISPUTES WITH THE WET SPOT TROPICAL FISH ARE RESOLVED. BY ACCEPTING THESE CONDITIONS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

 

Welcome to The Wet Spot Tropical Fish online store!  The Wet Spot Tropical Fish provides services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

 

PRIVACY

 

Please review our Privacy Policy, which also governs your visit to our website, to understand our practices.

 

GENERAL CONDITIONS

 

The Wet Spot Tropical Fish reserves the right to refuse service to anyone for any reason at any time.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Conditions of Use.

 

LICENSE AND SITE ACCESS

 

The Wet Spot Tropical Fish grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Wet Spot Tropical Fish. The Wet Spot Tropical Fish reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without any prior notice. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Wet Spot Tropical Fish. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Wet Spot Tropical Fish and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing The Wet Stop Tropical Fish’s name or trademarks without the express written consent of The Wet Spot Tropical Fish. Any unauthorized use terminates the permission or license granted by The Wet Spot Tropical Fish. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The Wet Spot Tropical Fish so long as the link does not portray The Wet Spot Tropical Fish, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark as part of the link without express written permission.

 

RISK OF LOSS

 

All items purchased from The Wet Spot Tropical Fish are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

PRODUCT DESCRIPTIONS

 

The Wet Spot Tropical Fish and its associates attempt to be as accurate as possible. However, The Wet Spot Tropical Fish does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by The Wet Spot Tropical Fish itself is not as described, your sole remedy is to return it in unused condition.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

THIS SITE IS PROVIDED BY THE WET SPOT TROPICAL FISH ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WET SPOT TROPICAL FISH 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 INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WET SPOT TROPICAL FISH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WET SPOT TROPICAL FISH DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WET SPOT TROPICAL FISH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 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 The Wet Spot Tropical Fish, you agree that the laws of the state of Oregon, United States of America, without regard to the principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and The Wet Spot Tropical Fish or its associates.

 

DISPUTES

 

Any dispute relating in any way to your visit to The Wet Spot Tropical Fish or to products you purchase through https://www.wetspottropicalfish.com shall be submitted to confidential arbitration in the state of Oregon, except that, to the extent you have in any manner violated or threatened to violate The Wet Spot Tropical Fish’s intellectual property rights, The Wet Spot Tropical Fish may seek injunctive or other appropriate relief in any state or federal court in the state of Oregon, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

COPYRIGHT AND TRADEMARKS

 

The Site, and all content available through the Site, is protected by copyright. Unless specified otherwise on the Site or except as permitted by United States copyright law, no portion of the Site may be copied, republished, transmitted, or distributed in any way without The Wet Spot Tropical Fish’s express consent. Any such use of the Site’s content for any purpose not authorized under these Conditions of Use is a violation of the copyrights of The Wet Spot Tropical Fish. See our Photo and Video policy for more information.

 

All trademarks, service marks, logos, and trade names on this Site, whether registered or unregistered, are proprietary to The Wet Spot Tropical Fish. You may not reproduce, download or otherwise use any such trademarks, service marks, logos, or trade names without the prior express consent of The Wet Spot Tropical Fish.

 

PAYMENT AND PAYMENT METHODS

 

The Wet Spot Tropical Fish accepts payment via credit card and PayPal. The customer warrants that he/she is fully authorized to use the credit card to pay for the order and that the card gives access to sufficient funds to cover the cost of the order. Failing this, the Wet Spot Tropical Fish reserves the right to cancel the sale. Goods will be shipped only once complete payment has been made.

 

INDEMNITY

 

You hereby agree to defend, indemnify, and hold The Wet Spot Tropical Fish and our affiliates, and our respective officers, directors, employees, agents, information providers, and partners, harmless from and against any and all claims, actions, demands, liabilities, costs, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services or Contents, or your violation of these Conditions of Use. You shall cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

 

CHANGES TO CONDITIONS OF USE

 

You can review the most current version of the Conditions of Use at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Conditions of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Conditions of Use constitutes acceptance of those changes.

 

COMPLETE AGREEMENT

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of The Wet Spot Tropical Fish, these Conditions of use, including the Privacy Policy and Photo and Video Policy, constitute the entire agreement between you and The Wet Spot Tropical Fish with respect to the use of the Site, and its Contents.