Terms and Conditions
These Terms and Conditions (hereinafter "GTC") apply to all contracts agreed between you (hereinafter "Customer") and us, Reef Zlements, located at 26-28 Alfric Square, Peterborough PE2 7JP, United Kingdom, a company registered in England and Wales with company number 12835606, via our website www.icp.reef-zlements.com or www.reef-zlements.com (hereinafter "Website"), unless expressly agreed otherwise in writing.
1. Scope of Application
1.1. These GTC apply to all contracts made between the Customer and Reef Zlements via the Website. 1.2. Our GTC apply exclusively. Any differing, conflicting, or supplementary terms and conditions from the Customer are not part of the contract unless explicitly agreed by us in writing. 1.3. These GTC apply to both consumers (natural persons entering into transactions outside their trade, business, or profession) and professionals (legal entities or partnerships acting in a commercial or independent professional capacity).
2. Our Services
2.1. Our services are exclusively for customers who legally possess a Reef Zlements water test kit, available under various names like "ICP Saltwater Only," "ICP Saltwater and RO," "Advanced ICP Saltwater," and "Advanced ICP Saltwater and RO." Proof of lawful possession (e.g., receipt or invoice) must be provided by the Customer. 2.2. Our services, provided free of charge via our Website, include registration, account access, setting up virtual aquariums representing the Customer's physical aquarium, use of virtual aquarium functionalities, laboratory services (measurement of water samples sent by the Customer), inspection of measurements at the virtual aquarium, and non-binding suggestions for correcting elemental levels. We are not responsible for the actual condition of the Customer's aquarium or any specific results. 2.3. Each Reef Zlements water test kit includes labels with barcodes to assign water samples to the Customer's virtual aquarium. These barcodes must be registered on our Website. Samples must be taken as instructed, labeled, and sent to our laboratory. Results are typically available within one week but no specific timeframe is guaranteed. Detailed instructions are available at https://www.reef-zlements.com/icp-instructions. 2.4. Services may change, expand, or be restricted at any time without notice. The Customer has no right to unchanged functionalities or appearance of their account. Liability for data loss is excluded; separate data storage is recommended. 2.5. Services are available only to customers in countries where we distribute our kits, ship samples to us, and access our Website. A list of these countries is available at https://www.reef-zlements.com/where-to-buy-reef-zlements . Accessing the Website from other countries using technical measures like VPNs is not permitted.
3. Registration on Our Website
3.1. Services are for registered customers with virtual aquariums on our Website. Registration requires a valid email address and password. 3.2. Upon registration, the Customer receives an account accessible via email and password. Multiple virtual aquariums can be set up per account. 3.3. Use of services requires complete and accurate login data and virtual aquarium information, compliance with these GTC, and our data protection provisions. Input errors can be corrected on our Website until the sample arrives at our lab. 3.4. Customers must keep their data up-to-date and secure. We assume no liability for password security, loss, or misuse. 3.5. Accounts and rights are non-transferable and must be used for lawful purposes within the UK. Accounts cannot violate applicable laws. 3.6. Automatically generated, multiple, or spam registrations are not permitted. Violations may result in account blocking or deletion without claims against the provider. 3.7. Customers can delete their registration at any time by notifying us, e.g., via email. Personal details must be updated by the Customer. 3.8. Violations of these GTC or our data protection provisions may result in account blocking, deletion, or exclusion from our Website and services.
4. Setting Up Virtual Aquariums
The Customer's view of our measurements is only available in their virtual aquarium. Accurate calculations, displays, and suggestions depend on correct information provided by the Customer.
5. Formation of Contracts
5.1. Presenting services on our Website is not a legally binding offer but an invitation to order. Sending barcoded water samples constitutes a binding offer to use our services. A contract is concluded when we accept the order via email or perform and issue the measurements. Input errors can be corrected until the sample arrives at our lab. 5.2. Contractual provisions, including these GTC, will be emailed upon acceptance or notification of the offer. We do not store the contractual provisions. 5.3. We assume no responsibility for the shipment of water samples to our laboratory prior to the conclusion of the contract. Any risk associated with the shipment, including loss or damage of samples, lies with the Customer until we have received and accepted the samples at our laboratory. 5.4. We are not responsible for the replacement of any part of the test kit lost or damaged in transit by couriers.
6. Measurement of Water Values
6.1. The production and maintenance of seawater habitats involve complex scientific processes and numerous influences. Deviations from actual seawater conditions are not measurement errors. Liability for specific seawater conditions is excluded. 6.2. Measurements depend on proper collection and handling of samples. Measurements represent a snapshot in time and may change. Deviations can occur due to handling or transport issues. We assume no liability for sample quality or measurement accuracy. Liability for measurement results and suggestions is excluded. 6.3. Measurements, calculations, and suggestions are based on algorithms checked by expert personnel but cannot replace on-site specialist analyses and recommendations. 6.4. Maintenance and recalibration of lab equipment may cause delays in presenting measured values. Errors may be corrected within 72 hours. Customers should wait to take action until this period expires. Liability for intended effects of Customer actions based on our suggestions is excluded.
7. Inspection of Measurements and Suggestions for Improvement
7.1. Measurements are snapshots of the aquarium's state and may change. The display may change due to various factors, and the Customer is responsible for archiving the overall picture. 7.2. Presentation of measurements may include hints and suggestions for dosing products. These are based on influencing factors and taken at the Customer's own risk. Changes should be made cautiously and in small steps. 7.3. Suggestions are based on general criteria and cannot replace on-site specialist advice. Liability for changes or improvements due to our suggestions is excluded.
8. Availability of Our Website and Functionalities
8.1. Services require functioning internet access. We do not guarantee uninterrupted, error-free hardware or software, and liability for hardware and software errors is excluded. 8.2. Constant accessibility of the Website is not guaranteed and may be affected by factors outside our control. Accessibility may be restricted for maintenance, updates, or repairs. Claims due to non-availability are excluded.
9. Rights
9.1. We grant a limited, personal, non-exclusive, non-transferable, revocable right to use Website functionalities in accordance with these GTC and our data protection provisions. 9.2. Our Website contains protected elements and content. Reproduction or use beyond the ordinary necessary use is not permitted without prior written consent. This includes software, trademarks, content, design, databases, videos, photographs, texts, and graphics.
10. Publication by the Customer
10.1. The Customer may publish measurements and presentations of their water samples and values. 10.2. Sharing web pages makes all contents available to outside persons and may be indexed by search engines. 10.3. Shared pages can be accessed without logging in. We cannot exclude the possibility that third parties may view and store shared data.
11. No Additional Support
We do not provide free advice or support beyond the described services. Customers are solely responsible for measures taken to change water values, even if based on our answers.
12. Limitations of Liability
12.1. We are liable for intent and gross negligence. For negligent breaches of essential obligations, liability is limited to the cost of the service provided (i.e., the water test kit). The same applies to breaches by our agents. 12.2. Liability for indirect and consequential damages is excluded. We are not liable for animal deaths. 12.3. These exclusions do not apply in cases of injury to life, limb, or health. Liability under the Product Liability Act remains unaffected.
13. Right of Withdrawal for Consumers
Consumers have a right of cancellation as per the appendix. A consumer is any natural person entering into a legal transaction predominantly outside their trade, business, or profession.
14. Final Provisions
14.1. Amendments or supplements to these GTC, including cancellation of the written form clause, must be made in writing. 14.2. Customers may only offset claims or assert a right of retention if their counterclaim is undisputed, legally established, or in mutual relation to the concerned claim. 14.3. Professionals must prove their status with suitable evidence, such as a VAT identification number. 14.4. The contractual language is English. Translations serve only to inform the Customer; the English text prevails in case of discrepancies. 14.5. English law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the Customer resides in the UK or a non-EU country, English law applies. For EU residents, mandatory provisions of their habitual residence state remain unaffected. 14.6. The place of performance and exclusive jurisdiction for disputes is our registered office in Peterborough, UK. 14.7. If the Customer resided in the UK when the contract was concluded and later moved out of the UK or their residence is unknown at the time of action, jurisdiction remains our registered office in Peterborough. 14.8