TERMS AND CONDITIONS
TERMS AND CONDITIONS
By accessing or using this Site, on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law. When we make changes, we will post them here. Your continued use of the Services shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site. You must be at least 18 years old to use this Site or Services.
When you use any Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All orders placed on this Site are subject to product availability and will be shipped to the terms below. Shipping and handling charges are between $30.00 and $55.00 depending on destination and average in-transit time (5-8 business days). Shipping and handling will be calculated after applicable discounts and before sales tax.
As soon as your order ships, you will be provided with a tracking number via email. We do not guarantee any specific delivery dates or times. In the rare event that your order never arrives, you must send us email/phone notification with the lost items within 30 days of receipt of the shipping confirmation email.
RETURNS & EXCHANGES
If for any reason you are not happy with your selection, you can exchange an item for another item, or return it for a credit or refund (minus the shipping, handling, gift wrap and other charges), subject to the following terms and limitations. If the reason for your return is due to product malfunction due to failure of parts or workmanship please address to our Product Warranty information.
We only accept returns or exchanges up to 30 days from the original date of shipment with purchase receipt. Any item to be returned or exchanged must be in new, unused and resalable condition, after inspection. Any exchange or return should be sent back in the original, undamaged box and packaging, plus any accessories or extras that may have been included with the shipment. Items exchanged for another item may be charged shipping fees.
To make a return or exchange, please pack the item safely and securely for shipping, include the packing slip, purchase receipt and send the package with postage prepaid via a traceable and insurable method to: 10231 NW 62 ST, Doral, FL 33178 Attn: Petdwell LLC/Returns.
Refunds with credit/debit card purchases will be credited to the original card used only. If a payment method other than a credit card was used for your order (such as PayPal or Google wallet) a merchandise card/ check will be issued. If exchanging a product, any positive balance will be refunded in the original form of tender.
Petdwell is required by law to collect sales tax on orders shipped to Florida. If your order is shipping to any Florida, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation. Petdwell reserves the right to collect sales tax in any other jurisdictions if Petdwell believes that such collection is required by law.
Any and all Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which shall be limited to viewing this Site, purchasing products, providing information to Petdwell, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications. Petdwell specifically prohibits any use of the following:
• Posting any information which is incomplete, false, inaccurate or not your own;
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
- Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;
- Attempting to interfere in any way with this Site’s network security, or attempting to use this Site’s service to gain unauthorized access to any other computer system;
- Communicating, transmitting, or posting material that is in violation of applicable laws or regulations;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
- Attempting to interfere or interfering with the operation of this Site, Petdwell’s provision of services to any other visitors to this Site, Petdwell hosting provider or Petdwell networks, including, without limitation, via means of submitting a virus to this Site, overloading, “flooding”, “mailbombing” or “crashing” this Site;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to this Site.
Any and all content, comments, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively, “User Content”) that you submit or post through this Site shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Petdwell and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever. Petdwell will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Petdwell shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. Petdwell retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.
By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information, or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold Petdwell and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and Petdwell reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although Petdwell has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Petdwell cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Petdwell is not responsible for typographical errors regarding price or any other matter.
All orders placed through this Site are subject to Petdwell’s acceptance. This means that Petdwell may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Petdwell will issue you a refund.
INTELLECTUAL PROPERTY RIGHTS
All content, graphics, text, code and software used on or incorporated into this Site, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Petdwell and all rights thereto are specifically reserved. Petdwell is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of this Site, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The Petdwell/ Catspot logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Petdwell Intellectual Property”) are owned by Petdwell and may be registered in the United States and internationally. You agree not to display or use the Petdwell Intellectual Property in any manner without Petdwell’s prior written permission. Nothing contained on this Site should be construed to grant any license or right to use any Petdwell Intellectual Property without the prior written consent of Petdwell.
Please defer to the following USPTO codes for our catalog: D668,006 / D700,754 / 8,695,533B1 / D688,002.
DISCLAIMERS AND LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE PRODUCTS OFFERED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PETDWELL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PETDWELL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.
PETDWELL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE THIS SITE, FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE OR PETDWELL, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF PETDWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PETDWEL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE ISSUED AGAINST YOU BY THIRD PARTY FINANICAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. PETDWELL SHALL NOT BE LIABLE FOR ANY OVERDRAFT, LATE OR ANY OTHER CHARGES ISSUED AGAINST YOU BY A BANK OR CREDIT CARD.
CERTAIN STATE LAWS MAY 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 MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. IF A PRODUCT OFFERED THROUGH THIS SITE IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN DETAIL IN THESE TERMS OF SERVICE.
Petdwell makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Petdwell makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. Petdwell does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through this Site.
INDEMNITY AND RELEASE
You agree to indemnify and hold Petdwell and its subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys’ fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through this Site by you or any other person accessing the using your information; (b) the use of, or connection to, the Services by you or any other person accessing this Site using your information (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms of Service.
Use of this Site and Services, any purchases made through this Site, and any controversy, claim or dispute arising out of or relating in any way to your use of the Services, or products purchased through this Site shall be governed by the laws of the State of Florida without respect to its choice (or conflict) of laws rules.
Jurisdiction and venue for any dispute shall be in Miami-Dade County, Florida. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Miami, Florida. The laws of the State of Florida shall apply.
Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notice for California Users
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information Petdwell shares with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following email address: firstname.lastname@example.org. In your request, please specify that you want “Your Petdwell California Privacy Rights Notice “. Please allow 30 days for a response.
These Terms of Service constitute the entire agreement between you and Petdwell and govern your use of the Services. You agree that no joint venture, partnership, employment, or agency relationship exists between Petdwell and you as a result of this Agreement or your use of the Services.
The failure of Pedtwell to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Service shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
You may not assign the Terms or any of your rights or obligations under the Terms without Petdwell’s express written consent. The Terms inure to the benefit of Petdwell’s successors, assigns and licensees. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
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