Terms and Conditions

Our Terms and Conditions:

By proceeding with using this website and/or purchasing Koi, you acknowledge that you have read, understood, and agree to be bound by these comprehensive and legally sound Terms and Conditions. 

Agreement: By accessing and using this website and/or purchasing Koi from us, you agree to be bound by these Terms and Conditions ("Agreement"). If you do not agree to all of these terms, do not use this website or purchase Koi from us.

Copyright and Intellectual Property:

 * All content on this website, including but not limited to text, graphics, logos, images, videos, and software, is the exclusive property of Zakku & Shintaro Koi House or its licensors and is protected by copyright and other intellectual property laws of the Republic of the Philippines (Republic Act No. 8293, the Intellectual Property Code of the Philippines, as amended) and international treaties.

 * Strict Prohibition on Copying: Pursuant to Philippine copyright law, any unauthorized reproduction, distribution, modification, public display, or creation of derivative works from any content on this website, including images of Koi, is strictly prohibited without the express prior written consent of Zakku & Shintaro Koi House. This includes, but is not limited to, downloading, saving, printing, or sharing images for any commercial or non-commercial purpose outside of personal viewing on this website. Violators will be subject to legal action to the fullest extent of the law.

 * You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the website for the sole purpose of browsing our Koi and potentially purchasing them, in accordance with these Terms and Conditions.

Koi Sales and Purchases:

 * We adhere strictly to all laws and regulations of the Republic of the Philippines concerning the selling, buying, and shipping of Koi. This includes, but is not limited to, regulations related to the health, welfare, and documentation of aquatic animals.

 * All descriptions and images of Koi provided on our website are for illustrative purposes only and may not be an exact representation of the actual Koi you receive due to natural variations. We make reasonable efforts to provide accurate information.

 * The availability of specific Koi is subject to change without notice. Placement of an order does not guarantee the availability of the Koi.

 * We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to cases of suspected fraud, inaccuracies in product information or pricing, or unavailability of Koi.

 * Prices for Koi and shipping are as displayed on the website and are subject to change without notice. All payments must be made in the currency specified on the website.

 * You are responsible for ensuring that you comply with all local laws and regulations regarding the import and possession of Koi in your location. We will not be liable for any issues arising from your failure to comply with such regulations.

Shipping of Koi:

 * Shipping of Koi will be conducted in compliance with all applicable Philippine laws and regulations for the humane and safe transportation of live aquatic animals.

 * We will take reasonable precautions to ensure the safe arrival of your Koi. However, live animals are inherently delicate, and unforeseen circumstances during shipping can occur that are beyond our control (e.g., extreme weather, transportation delays).

 * No Liability for Shipping Stress or Mortality: You acknowledge and agree that the shipping of live Koi inherently carries risks, including stress, injury, or mortality. To the fullest extent permitted by Philippine law, Zakku & Shintaro Koi House shall not be held liable for any stress, illness, injury, or death of Koi that may occur during or as a result of the shipping process once the Koi have left our facility and are in the care of the shipping carrier.

 * In the event of mortality upon arrival, you must notify us within Two hours of receiving the shipment, providing clear photographic or video evidence of the deceased Koi in their original packaging. Failure to provide timely and adequate evidence may void any potential consideration. Any resolution (e.g., store credit, replacement at our discretion and subject to availability) is solely at our discretion and does not constitute an admission of liability.

 * Shipping costs are non-refundable, except in cases where we are solely responsible for an error in the order.

 * You are responsible for all shipping costs, including any customs duties, import taxes, or other fees that may be applicable in your location.

Disclaimer of Warranties:

 * To the fullest extent permitted by Philippine law, our website and the Koi offered for sale are provided on an "as is" and "as available" basis without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

 * We do not warrant that the website will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that make it available are free of viruses or other harmful components.

 * We do not warrant the health or longevity of any Koi purchased from us once they are in your possession, as their care and environment are beyond our control.

Limitation of Liability:

 * To the maximum extent permitted by applicable Philippine law, Zakku & Shintaro Koi House, its officers, directors, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages (including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses) arising out of or relating to your use of this website, your purchase or possession of Koi, or the shipping of Koi, even if we have been advised of the possibility of such damages.

 * Our total liability to you for any claim arising out of or relating to this Agreement or your purchase of Koi shall not exceed the total amount you paid to us for the specific Koi in question.

Indemnification:

 * You agree to indemnify, defend, and hold harmless Zakku & Shintaro Koi House, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of this Agreement, your violation of any Philippine laws or regulations, your misuse of this website, or your negligence or willful misconduct.

Governing Law and Dispute Resolution:

 * This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law provisions.

 * Any dispute arising out of or relating to this Agreement shall be exclusively resolved in the courts of jurisdiction in the Philippines, City of El Nido, Palawan, and you hereby consent to the jurisdiction of such courts.

Entire Agreement:

 * This Agreement constitutes the entire agreement between you and Zakku & Shintaro Koi House with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Severability:

 * If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect.

Amendments:

 * We reserve the right to modify or amend these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting on this website. Your continued use of the website or purchase of Koi after the posting of revised Terms and Conditions constitutes your acceptance of the changes. It is your responsibility to review these Terms and Conditions periodically.

Contact Us:

 * If you have any questions about these Terms and Conditions, please contact us at info@rcvillasandresorts.com.

By proceeding with using this website and/or purchasing Koi, you acknowledge that you have read, understood, and agree to be bound by these comprehensive and legally sound Terms and Conditions.