Terms & Conditions
This website (“WEBSITE”) is provided to you under these “Terms & Conditions” and any amendments or supplements to them (collectively referred to as this “Agreement”) that may be posted by PetSupplies (collectively, “the Site,” “we”, “us”) from time to time. If you are not willing to accept the terms and conditions in the Agreement, we ask that you not access or use the WEBSITE or post or submit any materials on it or order any items from it.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE MAKING YOUR DECISION TO PURCHASE.
1. Website Intended Audience
By accepting these terms and conditions through your use of the website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions.
2. Intellectual Property
The Site and all of its materials, including, but not limited to, its HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Materials” ) are protected by copyright laws and international laws and treaties and are property of PetSupplies. All Materials are provided through the Site as a service to its current and prospective visitors and may be used only for personal and informational purposes. No right, title or interest in PetSupplies is conveyed to you. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Site or any of its Materials without our prior written permission; you may not access or use the Site for any competitive or commercial purpose; nor may you permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these materials is prohibited. Any and all rights not expressly granted are reserved by PetSupplies, as applicable.
Your misuse of Materials is strictly prohibited and may subject you to liability under federal, state or international laws.
3. Information Disclaimer
We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions, and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site.
The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
4. Your Account and Password
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Web Site.
5. Order Acceptance and Shipment
Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization of your form of payment is received, we will promptly locate the item(s) you have ordered to place them in line for shipment.
When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
6. Merchandise & Availability
The merchandise sold through the Site is intended to comply with your local laws and regulations. Merchandise availability on our Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You will receive a shipping confirmation e-mail once your items have shipped. More information can be found in shipping info.
7. User Comments
From time to time, we may allow users to post comments, suggestions, ideas, materials and other submissions (“User Comments”) on the Site. These User Comments are provided on a non-confidential basis and, by submitting User Comments, you are granting us an irrevocable and unrestricted license to fully exploit such User Comments. You agree that no User Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any User Comments you make.
Although User Comments may be posted on the Site, the posting of those submissions does not constitute our endorsement of such User Comments. We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death made in connection with User Comments. We reserve the right to remove any User Comments that we deem to be in violation of the above.
8. Prohibited Use of Website and Services
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brands and lines of business) and our employees; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Site and/or our related services and products. PetSupplies reserves the right to block or deny access to the Site to anyone at any time for any reason.
For all charges for any products and services sold on the Web Site, PetSupplies will bill your credit card or alternative payment method offered by PetSupplies. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web Site.
10. Force Majeure
Neither PetSupplies nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
11. Important Disclaimer
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, PetSupplies IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE SITE.
USER INTERACTIONS. To the extent allowed by applicable law, we are not responsible for your interactions with other users of the Site or any damage or harm you may experience because of these interactions.
PetSupplies does not guarantee that the Site will be uninterrupted or error-free, that any defects will be corrected, or that the Site is free of viruses or anything else harmful.
To the fullest extent permitted by law, PetSupplies disclaims all warranties, express or implied, regarding the Site, Content, User Content and any products or services you may obtain or access through the Site, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
You are solely responsible for any damage to your Device resulting from accessing the Site, to the extent applicable law does not provide otherwise.
12. Limitation of Liability
We will not be liable for any damages of any kind arising from the use of the Site, including but not limited to direct, indirect, incidental, punitive and consequential damages, even if we are expressly advised about the possibility of such damages. Certain local laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree to indemnify and hold harmless PetSupplies and their respective directors, officers, employees, agents, co-branders, suppliers, or other representatives from and against all claims, liability, damages, and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms & Conditions; (b) your misuse of the Site including without limitation transmission or placement of information or material by you on the Site; and (c) any claim or allegation that any of your User Content infringes the intellectual property or other proprietary rights, or privacy rights, of any third party.
This provision does not require you to indemnify Site Owner for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site.
You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Site in the event that (a) you breach these Terms and Conditions; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Periodically, links may be established from the Site to one or more external websites or resources operated by third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Site. None of such links should be deemed to imply that PetSupplies endorses the Third Party Sites or any content therein. We do not control and are not responsible for any Third Party Sites or any content, advertising, products, or other materials on or available through such Third-Party Sites. Access to any Third Party Sites is at your own risk.
WE ACCEPT NO RESPONSIBILITY FOR THIRD-PARTY CONTENT AND HEREBY DISCLAIM ALL LIABILITY RELATED TO IT.
16. Dispute Resolution
Mindful of the high cost of legal dispute, not only in dollars but also in time and energy, both you and PetSupplies agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Websites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the dispute shall first try in good faith to settle such dispute by providing notice email to the other party describing the facts and circumstances (including any relevant documentation) of the dispute and allowing the receiving party 30 days from the date of mailing to respond to the dispute. Notice shall be sent to:
Unless you indicate otherwise in your notice, PetSupplies shall respond to your notice using your last-used email in your online profile.
In the event that PetSupplies is unable to resolve the dispute with you through the customer service department, you and PetSupplies both agree the parties shall resolve their dispute utilizing binding arbitration, which shall be adjudicated by the Judicial Arbitration and Mediation Services, Inc of our country. The arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class-action lawsuit.
These Terms shall be construed in accordance with the laws of your local country, once there is a dispute, the laws of our country shall prevail without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
18. Privacy and Consent To Use Data
19. Entire Agreement
The Agreement constitutes the entire agreement between the user and PetSupplies and supersedes any prior understandings or agreements. If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact us by email at email@example.com.