**Last Updated: February 12, 2026**
These Terms of Service (“Terms”) govern your access to and use of the website bettaemporium.ca (the “Site”) and any related services (collectively, the “Services”) operated by **Betta Emporium**, a sole proprietorship located in Winnipeg, Manitoba, Canada (“we”, “us”, or “our”).
By accessing or using the Services, or by placing an order, you agree to be bound by these Terms. If you do not agree, do not use the Services or place orders.
**1. Eligibility**
You must be at least the age of majority in your province or territory (18 or 19 years old, depending on location) to use the Services and purchase products. By using the Services, you represent that you meet this requirement and have the legal capacity to enter into these Terms.
**2. Products and Descriptions**
We sell live fish, aquatic plants, and related aquarium supplies. All products are described on the Site to the best of our knowledge.
– Live animals and plants are **perishable** and sensitive to conditions. Images and descriptions are for illustrative purposes; actual specimens may vary slightly in size, color, or appearance.
– We comply with applicable Canadian laws, including the **Aquatic Invasive Species Regulations** under the Fisheries Act. We do **not** sell prohibited invasive aquatic species (as listed in federal regulations or provincial lists).
– **Buyer Responsibility**: It is your responsibility to ensure that species you purchase are legal for possession, transport, and use in your province/territory and intended location. We are not liable for any local restrictions, permits, or consequences of possession or release.
– **Do Not Release Policy**: It is illegal and harmful to release live fish or plants (or dispose improperly) into natural waterways. We strongly advise against release; follow proper disposal guidelines from Fisheries and Oceans Canada (DFO) or the Canadian Food Inspection Agency (CFIA).
**3. Orders and Contract Formation**
– Placing an order constitutes an offer to purchase. We reserve the right to accept or reject any order (in whole or in part) for any reason, including errors in pricing, stock unavailability, or suspected fraud.
– A contract forms only when we confirm acceptance (e.g., via order confirmation email) and ship the products.
– Prices are in Canadian dollars (CAD) and exclude applicable taxes (GST/HST/PST) and shipping fees, which are added at checkout.
**4. Payment**
Payments are processed through secure third-party providers. You authorize us (or our processors) to charge the selected payment method. All charges are final unless otherwise stated in our Returns Policy.
**5. Shipping and Delivery**
– See our separate **Shipping Policy** for details on carriers, methods, timelines, costs, live arrival guarantees, and restrictions.
– Live products require special packaging and temperature-controlled shipping. Many carriers restrict or prohibit live animals/plants; we use compliant methods only.
– Risk of loss passes to you upon delivery to the carrier (or upon pickup if local).
– We are not liable for delays, loss, damage, or mortality caused by carriers, customs (if applicable), incorrect addresses, or recipient unavailability.
– **Live Arrival Guarantee**: [Insert your specific policy, e.g., “We guarantee live arrival only if you follow our claim process (photos/video within X hours, etc.) and if weather/shipping conditions meet our criteria.”] Claims are limited to replacement or refund (at our discretion); no consequential damages.
**6. Returns, Refunds, and Exchanges**
See our separate **Returns and Refunds Policy**. Due to the perishable nature of live fish and plants:
– Returns are limited (e.g., only for dead-on-arrival with proof, within strict time limits).
– No returns for change of mind, buyer error in care/setup, or incompatibility.
– Provincial consumer protection laws may provide additional rights for non-perishable items.
**7. Limited Warranty and Disclaimers**
– Products are sold “as is” except as required by law. We disclaim all warranties (express or implied), including merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted.
– Live organisms carry inherent risks (disease, mortality, incompatibility). We are not liable for losses due to improper acclimation, water parameters, tank conditions, or care after delivery.
– We make no representations about achieving specific results (e.g., plant growth rates, fish behavior).
**8. Limitation of Liability**
To the maximum extent permitted by law, we are not liable for indirect, incidental, consequential, special, or punitive damages (including loss of profits, data, or livestock/plants), even if advised of the possibility. Our total liability shall not exceed the amount paid for the specific product(s) giving rise to the claim.
**9. Indemnification**
You agree to indemnify and hold us harmless from claims arising from your breach of these Terms, misuse of products, violation of laws (including invasive species rules), or improper release/disposal.
**10. Intellectual Property**
All content on the Site (text, images, logos) is our property or licensed to us. You may not reproduce or use it without permission except as needed to view or purchase.
**11. Governing Law and Dispute Resolution**
These Terms are governed by the laws of Manitoba and Canada (excluding conflict of laws). Any disputes shall be resolved exclusively in the courts of Manitoba. You agree to waive jury trial where applicable.
**12. Changes to Terms**
We may update these Terms. Continued use after changes constitutes acceptance. Check this page periodically.
**13. Contact Us**
For questions: bettaemporium@gmail.com, Winnipeg, MB.
By using our Site or purchasing, you acknowledge reading, understanding, and agreeing to these Terms.
