By accessing or using the auction platform at cotskoiauction.com (the “Service”), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service. Last updated: May 23, 2026.
Who We Are
The Service is operated by Children of the Sun Koi, LLC (“COTSKoi,” “we,” “us,” or “our”), a Washington State limited liability company located at 33109 NE Morcroft Rd, La Center, WA 98629.
Eligibility
You must be at least 18 years of age and capable of forming a legally binding contract to use the Service. By creating an account, you represent and warrant that you meet these eligibility requirements.
The Service is intended for use in the United States. We do not ship koi internationally at this time.
Your Account
To bid in our auctions, you must register an account and provide accurate, current information including your name, email address, phone number, shipping address, and a valid credit card.
You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activity that occurs under your account
- Notifying us immediately of any unauthorized account access
- Keeping your contact and payment information current
You agree not to share your account with others, create multiple accounts, or use any account other than your own.
Bidding
By placing a bid, you are entering into a binding agreement to purchase the koi at the bid amount if you are the highest bidder when the auction closes. Bids cannot be retracted, modified, or canceled once placed.
You authorize COTSKoi to charge the credit card on file for the full auction price plus applicable shipping and fees immediately upon winning. Bidding without a valid, chargeable payment method on file is prohibited.
We reserve the right to:
- Reject any bid at our discretion
- Cancel any auction at any time before close
- Suspend or ban users who engage in bid manipulation, shill bidding, retraction abuse, or non-payment
- Refuse to do business with any individual or entity for any lawful reason
Winning, Payment, and Ownership
When you win an auction:
- Payment is processed automatically via the credit card on file at the moment the auction closes
- Ownership of the koi transfers to you the moment payment is processed
- The koi becomes your property, held in our temporary care, until shipping or pickup is arranged
If automatic payment fails, you must provide alternative payment within 48 hours. Failure to pay within 5 days of winning forfeits the auction win and may result in account suspension.
For complete details on ownership transfer, the 14-day guarantee, free holding period, and boarding fees, see our Refund and Returns Policy.
Shipping
Shipping logistics, options, costs, deadlines, and our live arrival guarantee are governed by our Shipping policy. By bidding, you acknowledge that you have reviewed and agree to those terms.
All Sales Final
All auction sales of live koi are final. We do not offer refunds, returns, or exchanges except as specifically described in our Refund and Returns Policy (live arrival guarantee on Air Cargo shipments and the 14-day mortality/damage guarantee).
Photo and Description Accuracy
We make every effort to accurately photograph and describe each koi offered at auction. Photographs are taken under standardized conditions, but lighting, water clarity, and individual screens can cause variations in apparent color and pattern.
Koi grow, develop, and change throughout their lives. The koi you receive may look slightly different from auction photos due to natural development, stress from transport, or seasonal color variation. These differences are not grounds for refund.
Disease and Quarantine
All koi sold by COTSKoi are observed in our facility prior to listing. However, koi can carry pathogens that are undetectable without testing. We strongly recommend quarantining all new koi for a minimum of 30 days before introducing them to an established collection.
COTSKoi is not responsible for disease transmission to your existing koi resulting from failure to quarantine.
Chargebacks and Disputes
You agree to contact COTSKoi directly to resolve any dispute before initiating a credit card chargeback. Initiating a chargeback without first attempting resolution with us is a breach of these Terms.
Fraudulent or abusive chargebacks may result in:
- Permanent ban from the auction platform
- Reporting to credit card fraud databases
- Legal action to recover the disputed amount plus chargeback fees and legal costs
Prohibited Conduct
You agree not to:
- Use the Service for any illegal purpose
- Place bids without intent or ability to pay
- Engage in shill bidding (bidding to artificially inflate prices on your own behalf or in coordination with others)
- Manipulate auction outcomes through coordinated bidding or other deceptive practices
- Attempt to access other users’ accounts or personal information
- Reverse-engineer, scrape, or copy any portion of the Service
- Upload malicious code or attempt to disrupt the Service
- Harass, abuse, or threaten COTSKoi staff, other users, or third parties
- Make false claims about the condition, arrival, or quality of received koi
- Resell koi purchased from COTSKoi while misrepresenting their origin or breeder
Intellectual Property
All content on the Service — including photographs, written descriptions, the COTSKoi logo, branding elements, and educational materials — is the property of Children of the Sun Koi, LLC and is protected by copyright and trademark law.
You may not reproduce, distribute, or use any content from the Service without our prior written consent, except that you may share auction listings via the share functionality provided.
By submitting photos, comments, or other content to the Service, you grant COTSKoi a non-exclusive, royalty-free, perpetual license to use that content for marketing and operational purposes.
Limitation of Liability
To the maximum extent permitted by law, COTSKoi’s total liability to you for any claim arising from or related to your use of the Service shall not exceed the amount you paid to COTSKoi in the twelve (12) months preceding the claim.
In no event shall COTSKoi be liable for indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, lost data, or damage to your existing koi, pond, or facility.
Koi are live animals. They can become ill, injured, or die from causes outside our control. By bidding, you accept the inherent risks of live animal ownership.
Disclaimer of Warranties
The Service is provided “as is” and “as available” without warranties of any kind, express or implied, except as specifically stated in our Refund and Returns Policy.
We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We do not warrant the future health, growth, color development, or championship potential of any koi sold through the Service.
Indemnification
You agree to indemnify, defend, and hold harmless COTSKoi, its members, employees, and affiliates from any claim, loss, liability, expense, or damage (including reasonable attorneys’ fees) arising from your use of the Service, your breach of these Terms, or your violation of any third party’s rights.
Termination
We may suspend or terminate your account at our discretion, with or without notice, for any reason including but not limited to violation of these Terms, non-payment, abusive conduct, or chargeback activity.
You may close your account at any time by emailing auctions@cotskoi.com. Account closure does not relieve you of obligations for prior transactions or unpaid amounts.
Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law principles.
You agree to first attempt to resolve any dispute by contacting us at auctions@cotskoi.com. If we cannot resolve the dispute within 30 days, both parties agree to attempt mediation in Clark County, Washington before initiating litigation.
Any legal action arising from these Terms shall be brought exclusively in the state or federal courts located in Clark County, Washington, and you consent to the personal jurisdiction of those courts.
Changes to These Terms
We may update these Terms from time to time. Material changes will be notified by email and/or a prominent notice on the Service. Your continued use of the Service after any modification constitutes acceptance of the updated Terms.
Auctions in progress at the time of an update are governed by the Terms in effect when the bid was placed.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy, Refund and Returns Policy, and Shipping policy, constitute the entire agreement between you and COTSKoi regarding your use of the Service and supersede any prior agreements.
Contact
For questions about these Terms:
Children of the Sun Koi, LLC
33109 NE Morcroft Rd
La Center, WA 98629
Email: auctions@cotskoi.com
Phone: (360) 991-1117