Last updated: 11 August 2026
These Terms of Service apply to purchases made from Simply Fish Limited, trading as Simply Fish (“Simply Fish”, “we”, “us” or “our”), whether through our website, online store or physical retail store.
By placing an order with us, purchasing goods from us, or using our website, you agree to these Terms of Service together with any other policies that apply to your purchase, including our Refund Policy and Livestock Shipping & DOA Policy.
Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you have under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or any other New Zealand law where those rights cannot lawfully be excluded.
Where there is any inconsistency between these Terms and your statutory consumer rights, your statutory rights will apply.
Different rules may apply where goods are purchased for business or commercial purposes.
Simply Fish sells aquarium products, equipment, consumables, aquatic plants, freshwater and marine livestock, corals and other aquarium-related goods.
We make reasonable efforts to ensure product information, photographs, specifications, livestock information, pricing and availability are accurate.
Product packaging, specifications and designs may occasionally change without notice where manufacturers update their products.
Because livestock, corals and aquatic plants are living organisms, their size, colour, shape, markings and appearance may naturally vary from photographs displayed online.
Unless a listing specifically states that the exact individual pictured is being sold, livestock and plant photographs should be treated as representative examples.
All prices displayed to New Zealand consumers are in New Zealand dollars (NZD) and include GST unless clearly stated otherwise.
Prices may change at any time before an order is placed.
Shipping, rural delivery charges or other applicable charges will be shown or communicated before the purchase is completed wherever reasonably possible.
Submitting an online order is an offer to purchase the items in your order.
We may decline or cancel an order before fulfilment where reasonably necessary, including where:
the product is unavailable;
there has been an obvious pricing, description or inventory error;
payment cannot be verified;
we reasonably suspect fraud or unauthorised payment;
the delivery address cannot reasonably be serviced;
a livestock shipment cannot safely be completed; or
fulfilling the order would breach the law or create a significant animal welfare concern.
If we cancel an order after payment has been received, the amount paid for the cancelled item or order will be refunded.
We will not intentionally advertise or sell products that we do not reasonably believe we can supply.
Stock levels shown online are intended as a guide and may occasionally differ from actual stock due to simultaneous online and in-store sales, inventory errors, damaged stock or other circumstances.
If an item becomes unavailable after you order it, we may contact you to arrange a suitable alternative, store credit or refund.
We will not substitute an item without your agreement where the substitute is materially different from the product ordered.
Payment must be made using one of the payment methods offered by Simply Fish at the time of purchase.
Online orders will generally not be dispatched until payment has been successfully received or authorised.
You are responsible for providing accurate billing, delivery and contact information when placing an order.
We aim to dispatch orders promptly and will provide delivery information wherever practicable.
Any delivery timeframe provided is an estimate unless we expressly state otherwise.
Delays can occasionally occur due to courier networks, weather, public holidays, supply issues or circumstances outside our reasonable control.
Please contact us if an order does not arrive within the expected timeframe so that we can investigate it.
You must provide a complete and accurate delivery address. Additional costs resulting from an incorrect address supplied by the customer may be payable by the customer where permitted by law.
If you specifically authorise a courier to leave a parcel unattended, delivery will generally be treated as completed when the parcel is left in accordance with that instruction, subject always to your rights under New Zealand law.
Where collection is available, you should wait until we confirm that your order is ready before travelling to collect it.
Orders must be collected within a reasonable period.
We may request proof of purchase or identification before releasing an order where reasonably necessary to prevent fraud.
For eligible non-livestock products, Simply Fish offers a 14-day change-of-mind return period from the date you receive your order or purchase the item.
To qualify for a change-of-mind return, the product must generally be:
unused and in resaleable condition;
in its original packaging with relevant accessories, manuals and tags; and
accompanied by proof of purchase.
Unless required by law or agreed otherwise, the customer is responsible for the cost of returning an item because of a change of mind.
The following are generally not eligible for change-of-mind returns:
livestock;
aquatic plants and other perishable goods;
food and other perishable or hygiene-sensitive products;
opened or used consumables;
custom, specifically ordered or personalised products;
gift cards; and
clearance or sale products where they were clearly sold as final-sale items.
These exclusions apply only to change-of-mind returns. They do not remove any rights you may have where a product is faulty, damaged, misdescribed or otherwise fails to meet a guarantee under New Zealand consumer law.
Please contact us as soon as reasonably possible if a product arrives damaged, is faulty, is materially different from its description or you receive the wrong item.
We may request photographs, video, proof of purchase or reasonable information about the issue so that we can assess the problem.
Where the Consumer Guarantees Act applies, we will provide the remedy required by law, which may include repair, replacement, refund or another appropriate remedy depending on the circumstances.
Our 14-day change-of-mind period does not limit the period during which you may have rights regarding a genuine product fault.
Some products are also covered by a manufacturer's warranty.
Manufacturer warranties are additional to, and do not replace, any rights you may have under the Consumer Guarantees Act.
Where appropriate, we may work with the manufacturer or New Zealand distributor to assess a warranty issue or arrange a repair or replacement.
You may be asked to provide proof of purchase, photographs, serial numbers or other reasonable information needed to process the claim.
Purchasing live fish, invertebrates, corals or other aquatic livestock involves responsibilities that do not apply to ordinary retail products.
Customers are responsible for providing an appropriately established aquarium and suitable conditions for the species purchased, including appropriate water parameters, temperature, filtration, stocking levels and compatible tank mates.
We encourage customers to ask us for advice before purchasing livestock where they are unsure about suitability.
Simply Fish may decline a livestock sale where we reasonably believe the proposed conditions would present a significant health or welfare risk to the animal.
Our team may provide advice about species compatibility, aquarium size, feeding, water parameters, disease management, acclimation and general aquarium care.
This advice is based on the information available to us and the information provided by the customer.
Aquariums are biological systems and outcomes can be affected by many factors outside our control. A recommendation regarding livestock compatibility or care therefore cannot guarantee a particular outcome.
Customers should provide accurate information about their aquarium, including tank size, existing livestock and relevant water parameters when requesting advice.
Nothing in this section limits any statutory obligation that applies where you reasonably rely on our advice when purchasing goods for a particular purpose.
We take reasonable steps to ensure livestock offered for sale is healthy and suitable for sale.
Once livestock enters another aquarium, its health can be affected by factors outside Simply Fish's control, including transport, acclimation, stress, water quality, temperature, aquarium maturity, aggression, disease already present in the customer's aquarium and compatibility with existing livestock.
We cannot guarantee the ongoing survival of livestock where a loss is caused by circumstances outside our reasonable control.
However, this does not exclude any rights you may have if livestock was not of acceptable quality at the time it was supplied or where another statutory consumer guarantee applies.
If you believe there was a problem with livestock when it was supplied, please contact us promptly and provide as much relevant information as possible.
Livestock shipped by Simply Fish is also subject to our separate Livestock Shipping & Dead on Arrival (DOA) Policy, available on the Simply Fish website.
Under our current DOA procedure, livestock that arrives deceased must be reported promptly and a clear photograph of the livestock in the unopened shipping bag must be provided in accordance with that policy.
Livestock shipments to rural addresses may require collection from the nearest appropriate courier depot unless another arrangement has been agreed with Simply Fish.
The DOA Policy is intended to provide a clear procedure for dealing with shipping losses and is in addition to your statutory consumer rights. It does not exclude any rights or remedies that cannot lawfully be excluded under New Zealand law.
Where there is a conflict between the DOA Policy and a right you have under applicable consumer law, the law will prevail.
Aquatic plants and corals are living products and may change appearance after purchase or delivery.
Aquatic plants may experience temporary deterioration, leaf loss or “melting” while adapting to different aquarium conditions, particularly where plants transition between emersed and submerged growth.
This does not automatically mean that the product was defective when supplied.
However, if a plant or other living product arrives damaged, unhealthy or materially different from what was ordered, please contact us promptly so that we can assess the issue.
Aquarium equipment should be installed, operated and maintained in accordance with the manufacturer's instructions and any relevant safety requirements.
Simply Fish is not responsible, to the extent permitted by law, for damage caused by misuse, improper installation, unauthorised modification, failure to maintain equipment, use outside its intended specifications or failure to follow manufacturer instructions.
This does not limit liability where the product itself fails to meet a guarantee that applies under New Zealand law.
Customers must follow product instructions when using aquarium treatments, fertilisers, medications, chemicals, CO₂ equipment and similar products.
Dosages and suitability may depend on aquarium volume, livestock, water chemistry and other factors.
Where you are unsure about a product, we recommend seeking advice before use.
Simply Fish is not responsible, to the extent permitted by law, for loss caused by incorrect dosage, misuse, combining incompatible treatments, failure to follow instructions or other use contrary to the manufacturer's directions.
Promotions, competitions, discount codes and special offers may be subject to additional terms disclosed as part of the promotion.
Promotions may have specified dates, qualifying products, minimum spends, stock limits or other conditions.
Unless expressly stated otherwise, promotional offers cannot be exchanged for cash.
Where promotion-specific terms conflict with these general Terms, the promotion-specific terms will apply to that promotion, subject always to applicable law.
We make reasonable efforts to keep our website accurate and operational.
We may update product information, availability, pricing, website features and content from time to time.
We do not guarantee that the website will always be uninterrupted or error-free.
We may correct genuine typographical, technical, inventory or pricing errors when discovered. Any cancellation or correction will be handled consistently with our obligations under New Zealand law.
You must not use the Simply Fish website to:
engage in unlawful or fraudulent activity;
attempt to gain unauthorised access to the website or associated systems;
introduce malicious software or code;
scrape or systematically extract website content without permission;
interfere with the operation or security of the website; or
use our intellectual property without authorisation.
We may restrict access to the website where reasonably necessary to protect Simply Fish, our customers or our systems.
Unless otherwise stated, the Simply Fish name, branding, website content, original photographs, videos, written guides, graphics and other original material are owned by or licensed to Simply Fish.
They may not be reproduced or used commercially without our permission except where permitted by law.
Third-party product names, trademarks, photographs and branding remain the property of their respective owners.
Our website may contain links to third-party websites or use third-party services, including payment providers, courier services and other technology providers.
Those organisations may have their own terms and privacy policies.
Simply Fish is not responsible for the content or operation of independent third-party websites that we do not control.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.
To the maximum extent permitted by law, Simply Fish will not be responsible for loss or damage caused by circumstances outside our reasonable control or by the customer's misuse, negligence, failure to follow instructions, unsuitable aquarium conditions or unauthorised modification of a product.
Any limitation in these Terms is subject to your rights under the Consumer Guarantees Act and other applicable New Zealand legislation.
Personal information collected through our website or during a transaction will be handled in accordance with our Privacy Policy and applicable New Zealand privacy law.
Information may be shared with service providers where reasonably necessary to process payments, deliver orders, operate our website or provide customer support.
Simply Fish may reasonably refuse or cancel a transaction where necessary, including in cases involving suspected fraud, unlawful activity, abusive or threatening behaviour, significant animal welfare concerns or other legitimate business or safety reasons.
We will not refuse service for a reason prohibited by law.
We may update these Terms from time to time.
Changes will take effect when the updated Terms are published on our website unless otherwise stated.
The Terms applying to a particular purchase will generally be those in effect when the purchase was made.
If any part of these Terms is found to be unlawful or unenforceable, that provision will be treated as modified or removed to the minimum extent necessary without affecting the remaining provisions.
These Terms are governed by the laws of New Zealand.
Any dispute relating to these Terms or a purchase from Simply Fish will be dealt with in accordance with New Zealand law.
If you have a question, complaint, return request or issue with an order, please contact:
Simply Fish Limited
Trading as Simply Fish
Store:
6/295 Blenheim Road
Upper Riccarton
Christchurch 8041
New Zealand
Phone: +64 21 142 5950
Email: simplyfishnz@gmail.com
