Last updated April 16, 2021
These terms and conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You”), and Petiboo (“Company”, “we”, “us”, or “our”), concerning your access to and use of the Petiboo website https://www.peti-boo.com/, and/or any related services, products, sales, communications or marketing (in these terms and conditions, we refer to them collectively as the “Service”). You agree that by accessing the Service, you have read, understood, and agreed to be bound by the following terms and conditions (“Terms of Service”, “Terms”).
These Terms of Service apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content. If you have any questions or concerns about these Terms of Service, please contact us at email@example.com.
By agreeing to these Terms of Service, you represent/acknowledge that you are at least 18 years old; in the event, you have not completed 18 years of age, it is deemed that you use the website with parental permission and that you will provide us with parental information if so requested.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree with these terms and conditions, then you are prohibited from using the Service and you must discontinue use immediately.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website, and the trademarks, service marks, and logos contained therein, are owned or controlled by us or licensed to us and are protected by copyright and trademark laws.
As expressly explained in these Terms of Service, no part of the Service may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our prior express written permission.
3. PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Service:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service.
We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
4. ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice (including after you have submitted your order).
Finally, although we try to our best of our ability to show accurate information, we are not responsible if information made available on the site is not accurate, complete, or current.
5. MODIFICATIONS TO THE PRODUCTS AND PRICES
All descriptions of products or the price of products are subject to change at any time without notice. We reserve the right at any time to modify or discontinue the products without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Our products are available exclusively online through our website. These products may have limited quantities and are subject to return only according to our Return Policy.
We have made every effort to display, as accurately as possible, the colours and images of our products. We cannot guarantee that your device’s monitor displays colours accurately. We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
7. COUPON CODES
Coupon codes entitle you to a fixed amount discount or percentage discount, whose amount depends on your cart total. At times, discount codes may exclude items that are on sale. To claim your discount, when in the checkout section there is an option to “Add your coupon code”, which allows you to enter the coupon code in order to apply it to the order.
Coupon codes can only be used once per customer, remain our property, are non-transferable and do not apply to delivery charges. Any refunds will take into account any coupon code used. We reserve the right to cancel any coupon code at any time and without notice.
8. USER REGISTRATION
You will be required to register with the Service. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
9. ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate account information for all orders placed with the Service. You agree to promptly update your account information, including your email address and shipping address, so that we can complete your orders and contact you as needed.
10. USER-GENERATED CONTRIBUTIONS
The Service may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Service, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Service and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Service, and other users of the Service to use your Contributions in any manner contemplated by the Service and these Terms of Service.
- You have the written consent, release, and/or permission of each and every identifiable individual in your Contributions to use the name or likeness of each and every such identifiable individual to enable inclusion and use of your Contributions in any manner contemplated by the Service and these Terms of Service.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable.
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.
Any use of the Service in violation of the above or these Terms of Service may result in, among other things, termination or suspension of your right to use the Service.
11. GUIDELINES FOR REVIEWS
We may provide you areas on our website to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- you should have firsthand experience with the item being reviewed;
- your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
- your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- your reviews should not contain references to illegal activity;
- you should not be affiliated with competitors if posting negative reviews;
- you should not make any conclusions as to the legality of conduct;
- you may not post any false or misleading statements; and
- you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
12. ELECTRONIC COMMUNICATIONS
Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Service. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require a handwritten signature or delivery or retention of non-electronic records.
14. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
15. LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Petiboo, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold us harmless, including our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms of Service shall remain in full force and effect while you use the Service. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due, up to and including the date of termination.
If we terminate or suspend your account for any reason set out in these Terms, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action to protect our legitimate interests, including without limitation pursuing civil, criminal, and injunctive redress.
19. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
20. GOVERNING LAW
These present Terms of Service shall be governed by and construed in accordance with the laws of the European Union.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
For more information about our Terms of Service, if you have questions, or if you would like to make a complaint, please contact us at firstname.lastname@example.org.