Terms and Conditions

Last updated: November 05, 2018

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.atlanticcoralenterprise.com/productcart/pc/home.asp website (the "Service") operated by Atlantic Coral Enterprise, Inc. ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Product Information

All our seashells, sea life and animal products are 100% natural – not manufactured. All sizes given are approximate, not exact. All photos shown are a sample of the product, not the exact product you will receive with the exception of "Hand Picked" items. Some products will have a tag marked "Made in the Philippines”; "Made in India”, etc. These tags are a requirement of U.S. Customs and indicate country of origin. The shells and taxidermy offered are beautiful commercial grade – not perfect "specimen” grade. Please keep in mind when ordering that no two items created by nature will be exactly alike. The coloring, sizing and sometimes the shape will vary. All items will have natural imperfections – blemishes, scars, small chips, etc. due to aging and the environment in which they lived. We will do our best to pick the nicest product we have available.

Shells and animal products are not for children. They have sharp edges and points. Also they are a choking hazard for small children.

Ordering Requirements

We are wholesale only. We have a $100 minimum order - NO EXCEPTIONS! Each item has a minimum quantity purchase requirement.  To shop in our actual showroom you will need to bring your Business License.  If you are tax exempt, you need to bring a current copy of your State Sales Tax Certificate and complete a new customer information form.  If you do not bring your Re-Sale Tax Certificate for the current year, you will be charged sales tax, NO EXCEPTIONS.  You CAN shop on line without providing us a copy of a business license.  Florida residents must provide us with a copy of a current Sales Tax Certificate before placing an order or must pay sales tax. We DO NOT ship internationally. Customers in the Bahamas or West Indies will need to furnish us the name of their freight forwarder.   You may place orders using our on-line catalog and paypal payment gateway, or you may send your order using our PDF Order Form via fax, email or phone.   

Payment

All orders must be prepaid by credit card (on the website we accept MasterCard, Visa, Discover, Paypal and AMEX).  In our showroom, we accept MasterCard, Visa, Discover and Cash.  You may print out the PDF Order Form on our website, fill in your order and the requested information and fax or email it us. Your credit card will be charged before we ship your order. We do not ship COD.  We do not ship directly to countries outside of the U.S. We only ship to freight forwarders and their name, address, phone number and contact person must be provided at the time of your order.  

Shipping

The shipping cost and number of boxes is an estimate only. We will pack your order in the least number of boxes possible. We will charge you the correct amount after your order is packed. All orders are shipped within three (3) days of payment, not counting weekends or holidays. During extreme weather conditions (such as hurricanes, snow storms, floods, mud slides, etc.) we cannot guarantee special shipping options such as Next day, 2nd day or 3 day. If you choose to do so, we will not be held responsible when items are not delivered on time.
All orders valued at $150 or more and shipping USPS will require a signature. All orders valued at $300 or more and shipping UPS will require a signature. Orders are shipped FOB from our warehouses in Saint Augustine, Florida. We ship either UPS, USPS or TRUCKLINE. We only ship via USPS Priority Mail to Alaska, Hawaii, Puerto Rico and to the U.S. Virgin Islands.  You must provide us with the name, address and contact person for your freight forwarder at the time you place your order. If you do not specify which shipping method you prefer, we will ship the cheapest way; however, it may not be the fastest means. ON TRUCK SHIPMENTS YOU ARE RESPONSIBLE FOR UNLOADING THE MERCHANDISE OFF THE TRUCK AND CARRYING IT INTO YOUR STORE.  

Returns

Prior to returning any item, you must contact us at 904-797-7478 and give us the reason for the return. If you received the wrong item, we will, at our discretion, issue a return UPS tag so you can send it back at our expense; and provided the item is received back in good condition, you will receive a full refund. Shortage claims must be made within FIVE (5) days after receipt of shipment.  

Claims

Contact us immediately with a list of the items damaged, photos of damage and quantities for each. All claims for breakage, damage or lost merchandise must be made immediately to the shipping carrier and to us. Keep all damaged items, boxes and packing material until they have been inspected by the delivery carrier.  We DO NOT replace damaged items.  We will issue credit for the damaged items.

UPS Claims

Contact us immediately with a list of items damaged and quantities. Thereafter contact your local UPS service representative by phone. Retain original shipping carton, all packing material and the damaged merchandise until it has been inspected by the UPS representative. IF YOU DO NOT FOLLOW THESE INSTRUCTIONS, YOUR CLAIM WILL BE DENIED.

Truck Company Claims

Immediately contact us with a list of items damaged and quantities. Immediately contact your truck company service representation for the procedure to following in placing a claim.  Retain the original shipping carton, all packing material and the damaged merchandise until it has been inspected.

Environmental Policy

Atlantic Coral Enterprise has all County, State and Federal licenses required. We adhere to all U.S. laws governing the collection and importation of seashell and animal products. We do not carry any "specimen” or endangered seashells or animal products. All shells and animal products sold have been legally imported into the United States and have been cleared by the U.S. Customs Department and U.S. Fish and Wildlife Department. We follow all rules and regulations of the CITES International Agreement. Most of the shells we carry are collected for their meat and the shell is a by-product. Also, the animal products we carry are by-products of the farming industry or Government culling programs.   

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Atlantic Coral Enterprise, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Atlantic Coral Enterprise, Inc..

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Atlantic Coral Enterprise, Inc.

Atlantic Coral Enterprise, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Atlantic Coral Enterprise, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Atlantic Coral Enterprise, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Atlantic Coral Enterprise, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Atlantic Coral Enterprise, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.