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Terms & Conditions of Sale
Welcome to the online store (the “Store”) provided by Petnet, Inc. (“Petnet”). Your purchase of Petnet hardware products (“Products”) from the Store constitutes your agreement to be bound by these Terms & Conditions of Sale (“Terms & Conditions”) and the terms of the version of the Limited Warranty included in-box with a Product. We reserve the right to change these Terms & Conditions at any time, so please review the Terms & Conditions each time prior to making a purchase from the Store. Every time you order Products from Petnet, the Terms & Conditions in force at that time will apply between you and Petnet. If you have any questions regarding these Terms & Conditions, you can contact Petnet.
The Store is for retail sales to private consumers only. Please contact firstname.lastname@example.org if you wish to purchase wholesale supplies.
As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties, including exclusions relating to products that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of your legal rights you should refer to the laws applicable in your country or jurisdiction. Nothing in these Terms & Conditions will affect those other legal rights.
Although the Store is accessible worldwide, the Products offered on the Store are not designed and tested for use in all countries. If you choose to access the Store and/or use the Products outside the United States, as applicable, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Store is not designed for use in a non-USA Country and some or all of the features of the Store may not work or be appropriate for use in such a country. To the extent permissible by law, Petnet accepts no responsibility or liability for any damage or loss caused by your access or use of the Store in a non-USA Country.
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR PETNET PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCTS.
You acknowledge that you have verified the compatibility of the Products you are purchasing with other the food you are feeding your pet, your home network, mobile device and pet. You are solely responsible for determining the compatibility of the Products with other equipment in your home, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund after the 30 day refund policy described below.
2. Reservations and Pre-Orders.
Products available for reservation and pre-order are not offered for sale by Petnet. Your placement of a reservation and pre-order does not create a contract for sale.
By placing a reservation and pre-order for a Product that is not yet available for sale, you make an offer to Petnet to purchase the Product subject to these Terms & Conditions. Petnet will obtain an authorization from your bank or credit card company for no charge. Petnet does not capture payment until a Product actually ships, so an authorization from your payment card company may stay open for several days or weeks before a charge is actually made. You may cancel your offer to purchase Products at any time prior to shipment and you will not be charged. You will receive an email several days prior to the shipment of reserved Products in which you will have an option to cancel your offer and you will not be charged. Later, when the Product is offered for sale, Petnet may accept your offer to purchase Products subject to these Terms & Conditions. At that time, Petnet will capture payment on the payment card you provided and ship your Product. Petnet may obtain an additional authorization from your payment card company to confirm necessary funds are available to purchase the Products requested.
Petnet reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.
3. Availability and Pricing.
All Products offered on the Store are subject to availability. Prices for the Products are subject to change without notice at any time but changes will not affect any order you have already placed.
4. Sales Tax.
Depending on the order, Petnet calculates and charges sales tax in accordance with applicable laws.
5. Resale and Title Transfer.
Purchases made on the Store are intended for end users only, and are not authorized for resale. Title for Products purchased from the Store passes to the purchaser at the time of delivery by Petnet to the freight carrier, but Petnet and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
6. Shipping and Delivery.
Prices for the Products do not include shipping costs. Our delivery charges are as quoted on the Store website from time to time. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.
The Products available on the Store have been designed, marketed and sold for use by residents of the United States, AS APPLICABLE. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English (U.S.). The Products available on the Store are not intended for use outside of the United States, AS APPLICABLE. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.
7. Returns for Refund.
If, for any reason, you want to return the Product you purchased from the Store for a refund, you must notify us no later than 30 days following the date of purchase (the "Cancellation Period"). To initiate a return, you must inform us of your decision within the Cancellation Period by contacting Petnet customer support and clearly stating your desire to return the Product. Although it will not affect your right to a refund, please include details on where and when you purchased the Product and your reason for returning the Product. Petnet customer service will provide you with a Return Materials Authorization (“RMA”) that must be included with your return shipment to Petnet so Petnet can identify your shipment and with a return address. If you purchased the Product from somewhere other than the Store, please contact that reseller to obtain a refund.
To receive a refund, you must return your Product (and any promotional merchandise supplied with the Product) with an RMA within the 14 days following the day on which you notify Petnet customer support that you desire to return your Product. Unless the Product is faulty or not as described, you will be responsible for all costs associated with returning the Product to us.
We will refund the price you paid for the Product plus original delivery cost (up to the value of our Ground delivery option), less the value of any promotional merchandise you received. We may reduce the amount of your refund to reflect any reduction in the value of the Product caused by your handling them in a way which goes beyond what is necessary to establish their nature, characteristics and functioning (e.g., beyond what would normally be permitted in a shop). We will process the refund due to you as soon as possible and, in any case, within 30 days from the date of receipt by Petnet of the returned Product. The Product is not eligible for a refund after the 30-day period.
8. Disputes and Arbitration
(a) Contact Petnet First. If a dispute arises between you and Petnet, our goal is to learn about and address your concerns. You agree that you will notify Petnet about any dispute you have with Petnet regarding these Terms & Conditions by contacting Petnet.
(b) Binding Arbitration. You and Petnet agree, subject to clause 9(g) (Protection of Confidentiality and Intellectual Property Rights), to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms & Conditions or your use of the Products to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Products. Subject to clause 9(g) (Protection of Confidentiality and Intellectual Property Rights), any dispute or claim made by you against us or us against you arising out of or relating to these Terms & Conditions or your use of the Products (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.
(c) Arbitration Procedures. You must first present any claim or dispute to Petnet by contacting us to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days after presenting the claim or dispute to Petnet. Petnet may request arbitration against you at any time after it has notified you of a claim or dispute in accordance with clause 13 (Notifications). The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by this agreement. The place of any arbitration will be San Francisco, California, USA, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you, nor Petnet nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
(d) No Class Actions. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
(e) Fees and Expenses. All administrative fees and expenses of arbitration will be divided equally between you and Petnet. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
(f) YOU MUST CONTACT PETNET WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
(g) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, Petnet may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction. This arbitration clause shall survive termination of these Terms & Conditions.
9. Warranties and Disclaimers.
As far as permitted by applicable law, the Store, and all content available on the Store, is provided on an “as-is” basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All products and services purchased through the Store are provided on an “as-is” basis unless otherwise noted in the Limited Warranty included with a Product. You may choose whether to make a claim under these Terms & Conditions or the Limited Warranty or both, but you may not recover twice in respect of the same loss. To initiate a return under the Limited Warranty, you should contact Petnet.
You use a Product at your own discretion and risk. You will be solely responsible for (and Petnet disclaims) any and all loss, liability or damages resulting from your use of a Product, including damage or loss to your home, other peripherals connected to the Product, computer, mobile device, and all other items and pets in your home.
Unless explicitly promising a “guarantee,” Petnet does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of a Product or any feature of it. Actual energy savings and monetary benefits vary with factors beyond Petnet’s control or knowledge. Petnet gives no warranty regarding the life of the batteries used in a Product. Actual battery life may vary depending on a number of factors, including the configuration and usage of a Product.
10. Limitation of Liability.
Nothing in these Terms & Conditions and in particular within this "Limitation of Liability" clause shall attempt to exclude or limit liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) PETNET BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF PETNET KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) PETNET’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO PETNET OR PETNET’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. PETNET DISCLAIMS ALL LIABILITY OF ANY KIND OF PETNET’S LICENSORS AND SUPPLIERS.
11. Data Protection.
12. Electronic Communications.
You are communicating with Petnet electronically when you use the Store or send email to Petnet. 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. When you order in the Store, we collect and store your email address. From that point forward, your email address is used to send you information about Petnet’s products and services unless you opt-out of such emails using the opt-out link in the emails.
Petnet may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Petnet account, hard copy, or posting of such notice on the Petnet website. Petnet is not responsible for any automatic filtering you or your network provider may apply to email notifications. Petnet recommends that you add @petnet.io URLs to your email address book to help ensure you receive email notifications from Petnet.
14. Force Majeure.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If any part of one or more of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will to that extend be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.
Failure or delay by us to enforce any these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
17. Governing Law and Jurisdiction.
These Terms & Conditions are governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for Los Angeles County, California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in an above section.
Commercial Addendum to Terms & Conditions of Sale
This Commercial Addendum to Terms & Conditions of Sale (this “Addendum”) serves as a supplement to the Terms & Conditions of Sale (the “Base Terms”) available at [https://petnet.io/legal/sales_terms]. Where the Base Terms and the Addendum explicitly conflict, this Addendum shall control. By agreeing to the terms of the addendum, you represent and warrant that you (i) are at least 18 years of age, (ii) agree to form a binding contract with Petnet Inc. (“Petnet”) and (iii) if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to this Addendum.
Section 1A, “Payment Terms” shall be added to the Base Terms following Section 1, as follows:
1A. Payment Terms.
Terms of payment are within our sole discretion. Invoices are due and payable either (a) by credit card simultaneous with the order or (b) within thirty (30) days from the invoice date. We may charge a late payment penalty of 1.5% per month on undisputed amounts, or the maximum rate permitted by law, whichever is less. Without waiving any of our other rights or remedies, we may refuse additional orders and suspend any services until all overdue amounts are paid in full.
Section 3, “Availability and Pricing” in the Base Terms shall be deleted and replaced in its entirety with the following:
3. Availability and Pricing; Minimum Order Quantity.
All Products offered on the Store are subject to availability. Prices for the Products are subject to change without notice at any time but changes will not affect any order you have already placed. If an order is placed for Products that are unavailable, Petnet will refund the purchase price already paid, if any, within two (2) days of the discovery of the unavailability of such Product.
Any order for Products under this Addendum must be for at least five (5) units. If you order ten (10) units or more, Petnet will supply you with one (1) sample unit free of charge. Such sample unit is to be used for the promotion and sale of the Product and is not to be sold or distributed in any way.”
Section 5, “Resale and Title Transfer” in the Base Terms shall be deleted and replaced in its entirety with the following:
5. Resale; Minimum Advertised Pricing and Title Transfer.
Purchases made on the Store for resale to end users only. You agree that you shall not promote, market, advertise, offer to sell or sell any product on or through any online marketplace or auction service (e.g., eBay, Amazon Marketplace or like websites), except as may be expressly consented to by Petnet in writing and in advance, and it being understood that Petnet may withdraw its consent at any time.
Title for Products purchased from the Store passes to the purchaser at the time of delivery by Petnet to the freight carrier, but Petnet and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
In recognition of the investment in time and resources required for our high-quality partners to provide the level of customer service and product knowledge expected from our customers, Petnet is committed to enforcing policies which allow our resellers to maintain high profit margins through the sale of our products. Petnet has an established Minimum Advertised Price (MAP) Policy that an Authorized Reseller must follow for the advertising and marketing of Petnet products. You agree that all advertised prices must be at or above the MAP provided to you by Petnet. Resellers are not required to list prices in advertising. If a price is listed in an advertisement or an internet search engine, it must be at or above MAP. Other statements such as “call for price” or “call for quote” are acceptable and permitted.”
Section 7, “Returns for Refund” in the Base Terms shall be deleted and replaced in its entirety with the following:
7. Returns for Refund.
If the end user to which you have sold the Product returns the Product to you (the “Return”), you must notify us no later than 30 days following the date of such return (the "Cancellation Period"). To initiate a return, you must inform us of the Return by contacting Petnet customer support and clearly stating your desire to return the Product. Although it will not affect your right to a refund, please include details on the reason for the return of the Product. Petnet customer service will provide you with a Return Materials Authorization (“RMA”) that must be included with your return shipment to Petnet so Petnet can identify your shipment and with a return address.
To receive a refund, you must return your Product (and any promotional merchandise supplied with the Product) with an RMA within the 14 days following the day on which you notify Petnet customer support that you desire to return your Product.
We will refund the price you paid for the Product plus original delivery cost (up to the value of our Ground delivery option), less the value of any promotional merchandise you received. We will process the refund due to you as soon as possible and, in any case, within 30 days from the date of receipt by Petnet of the returned Product.”