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The Terms of Service set forth below define the terms by which you may use the www.pEiPod.com website (“Website”) and constitute an agreement between you and Simply Pets Global LLC, a New Jersey limited liability company (“Company”) (the Company and Website are collectively referenced as “we” or “us”). When you elect to use this Website, you expressly acknowledge that you have read, accept, and agree to be bound to these Terms of Service, as well as any applicable laws hereunder. Please do not use this Website if you do not agree to our Terms of Service.
YOU EXPRESSLY AGREE AND UNDERSTAND THAT, IF YOU CLICK ON THE BOX ON THE CHECK OUT PAGE, YOU CONSENT TO THESE TERMS OF SERVICE VOLUNTARILY AND WITHOUT ANY DURESS OR UNDUE INFLUENCE BY US, OUR EMPLOYEES, OR ANY THIRD PARTY.
1. OUR WEBSITE
Our Website is an online store dedicated to the sale of pEiPod pet beds (“Product(s)”). Our Company is the exclusive worldwide distributor of the Product.
2. ELIGIBLE BUYERS ON OUR WEBSITE
To use our Website, you must be at least eighteen (18) years of age and fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Service. By using this Website, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and can abide by all of the terms and conditions set forth therein.
3. PRODUCT FEATURED ON OUR WEBSITE
We make every effort to display Products appearing on our Website as accurately as possible. Your ability to view the actual colors of our Products, however, may depend on the display settings and other features of your monitor. Thus, we are unable to guarantee that the display of any color will always be true and accurate.
All prices are in US Dollars and are exclusive of taxes and shipping charges. We accept payments made by all major credit cards. We will send you an email confirmation to notify you when your order is shipped. Our confirmation email will include information and instructions on how to track the shipment of your order online (when tracking is available). If you do not receive an email confirmation within 24 hours of your placing your order, please contact us at support@pEiPod.com and we will respond to your inquiry as soon as possible.
Please note that orders being shipped outside of the United States will be subject to import duties, taxes, and tariffs as imposed by the country to which the order is being imported. You are solely responsible for the payment of all import duties and taxes incurred by customs when the order reaches its country of destination. We are required by law to declare the full purchase price of your order on any waybills or customs documentation. Accordingly, we will be unable to declare a lower value on your package than the price that you paid to us.
We normally ship and process orders on Mondays through Fridays (excluding Company Holidays). All orders generally ship within twenty-four (24) hours of the order being placed. We can make no guarantees that your order will ship on the same day, regardless of the shipping method that you select. Company Holidays are defined as follows:
- New Year’s Day (January 1st)
- Memorial Day
- Independence Day (July 4th)
- Labor Day
- Thanksgiving Day
- The Friday after Thanksgiving Day
- Christmas Eve (December 24th)
- Christmas Day (December 25th)
- Day after Christmas (December 26th)
6. REFUNDS AND RETURNS
Most returns can be avoided by properly measuring your pet before you place your order. Please refer to our sizing chart for assistance in selecting the correct size of Product for your pet. If you need additional assistance in choosing the right size for your pet, please contact us at support@pEiPod.com.
If you placed an order directly with our Website and need to return it for any reason, you may return the Product for a full refund within thirty (30) calendar days following the date of your original purchase (“Purchase Date”). We will refund the payment to your original method of payment (less a 20% restocking fee). You should return your Product in the original packaging, and include any accessories, manuals and documentation along with your return. Please contact our support team for instructions on how to return your Product. You will be required to ship any returns back to us on a pre-paid basis, and you must include a return merchandise authorization (“RMA”) number with the return, which you may request from returns@pEiPod.com. When returning merchandise, please include a copy of your email receipt along with the RMA number and ship your return package to the following address:
Simply Pets Global LLC
ATTN: Returns [include your RMA Number here]
P.O. Box 732
Edgewater, NJ 07020
Any failure by you to follow the specified instructions will cause delays in the processing of your return. We reserve the right to refuse a return if your return does not meet our guidelines for returns, or if your returns are not postmarked within thirty (30) calendar days of the Purchase Date.
You are solely responsible for any items that are lost in your return shipment. Thus, we recommend that you insure your returns and obtain a tracking number for any items that you send back to use. You are also solely responsible for any shipping and packaging costs required to exchange or return any order. Additionally, if you have received free shipping on a promotion and return your order, our actual costs of shipping the order to you initially will be deducted from your refund. In the event that you are making an exchange, you will incur additional shipping charges for the replacement shipment. Shipping costs are non-refundable.
In the event that you wish only to exchange your order, please contact us directly and do not place a new order through the Website. Please note that 20% restocking free willl apply on all exchanges & returns.
We make every effort to process returns as quickly as possible. Please allow ten (10) to fourteen (14) calendar days after we receive the order for us to apply your credit or exchange.
7. OPERATION OF WEBSITE
We use commercially reasonable efforts to maintain our Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.
If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:
- (a) Description of the Incident. The specific sequence of events which generated the incident, and a full description;
- (b) Description of Error Message. The exact wording of any error messages, if applicable; and
- (c) Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.
We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime.
We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software, but we cannot guarantee that the Website will at all times be free from viruses or such destructive software. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website. We reserve the right to discontinue operation of the Website for any time for any reason at our sole discretion, and to make modifications to the operation of the Website at any time at our sole discretion.
8. PROHIBITED USES OF THE WEBSITE
Our Website should only be used for lawful purposes. We specifically prohibit any other use of the Website, including but not limited to the following:
- (a) Misrepresentation: Posting or submitting to the Website any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity;
- (b) Illegal Use: Using our Website or Products for any illegal purposes, including but not limited to conspiring to violate laws;
- (c) Tampering with the Website: Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s infrastructure, servers, data, or network or those of any third party via our Website;
- (d) Prohibited Navigation or Searches: Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari;
- (e) Reverse Engineering: Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of the Website;
- (f) Copying: Aggregating, copying, or duplicating in any manner any of the software making up part of the Website or any of the content or information available on the Website;
- (g) Mining Data: Using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website;
- (h) Harassment: Stalking, harassing, or threatening any customer or visitor to this Website; or
- (i) Collecting Personal Information: Collecting or storing personal information about any customer or visitor of this Website.
We reserve the right (but do not have the obligation) to suspend or terminate customers or visitors who do not appropriately use the Website. If you become aware of any inappropriate use, please notify us at our email address at info@pEiPod.com.
9. INTELLECTUAL PROPERTY
We or our licensors shall retain ownership of all right, title, and interest in all design features, marks, logos, text, photos, code, and databases (collectively, the “Intellectual Property”). You may not reproduce, display, republish, upload, post, transmit, publicly perform or display, copy, distribute, create derivative works of, reverse engineer, make, or otherwise use for any purpose any portion of our Website or any Product for any commercial or non-commercial use without the express written consent of us as appropriate.
10. INTELLECTUAL PROPERTY INFRINGEMENT COMPLAINTS
We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:
- (a) Identification of the Intellectual Property. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;
- (b) Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;
- (c) Location of Infringing Item. A description of where the allegedly infringing item is located on the Website;
- (d) Contact Information. Your address, telephone number, and email address; and
- (e) Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf, made under penalty of perjury.
11. SOCIAL MEDIA PAGES
These Social Media Pages may enable users to post photos of their pets. In the event that you post a photo of your pet to a Social Media Page, you expressly give your consent to our using your pet’s likeness on our Social Media Page. In addition, you warrant and represent that you own all right, title, and interest in the intellectual property arising from the photo, and you expressly grant us a nonexclusive, perpetual worldwide license to use the photo on our Social Media Pages.
12. LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES
You agree that Company and Website will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website or of the Product, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).
Our liability to you shall in no event exceed the total aggregate amount of One Hundred Dollars ($100.00 USD) for all claims. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
13. PRODUCT WARRANTY; DISCLAIMER
We warrant that (a) each Product will be free of any manufacturing or other physical defects (“Defects”) for a period of thirty (30) days following the Purchase Date and (b) that any accompanying documentation shall also be free from Defects during the same warranty period. Upon receipt by us of any written notice of a Defect or material non-conformity of the Product to the accompanying documentation, our sole liability and your sole and exclusive remedy shall be a replacement Product, which will be warranted for the remainder of the original warranty period. This product warranty will not extend to problems affecting the Product due to (i) any alterations or repairs that you make to the Product; (ii) any abuse, negligence, or misuse of the Product; (iii) any operation outside the specifications for the Product as set forth in the accompanying documentation and these Terms of Service.
You understand, acknowledge, and knowingly agree that (i) our Product is solely intended to be used for pets, and that if children or infants are put into the Product or climb into the Product, this could result in serious bodily harm to those children or infants; (ii) our Product is intended to be used in a level location on the floor or ground and that placing the Product in an elevated, off-the-ground location could result in serious bodily harm to pets or to any child or infant located on the ground and below the Product; (iii) the Product contains plastic materials and may melt if placed too close to heaters or other sources of heat, resulting in serious bodily harm to pets, children, infants, or adults; and (iv) the Product should not be exposed to direct sunlight, since it may discolor over time. Our Product is made available to you on an “as is” basis. You understand that any decision to use, misuse, or abuse the Product is at your sole risk. You are solely responsible for and assume all risks of loss, damage, or liability for any and all consequences arising from any improper or negligent use of the Product.
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL OTHER PRODUCT WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSES.
14. WEBSITE WARRANTY; DISCLAIMER
The use of this Website shall be at your sole risk. We make no warranty that your access to the Website will be continuous, uninterrupted, bug-free, error-free, virus-free, free of defects, or free of technical problems, or that any information will be accurate or complete. We can make no warranties regarding the information or contents of any Social Media Pages linked to this Website, or with respect to any decision to enter into a business relationship with such third parties. We will, however, use reasonable care to provide uninterrupted, bug-free, error-free service.
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES REGARDING OUR WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED.
15. RELEASE OF CLAIMS
To the maximum extent permitted by applicable law, you, your heirs, assigns, and personal representatives hereby release, waive, discharge, and covenant not to sue Company and its officers, members, managers, employees, representatives, and agents for all claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to the use of this Website and any Social Media Pages, and the abuse, negligence, misuse of the Product or any related matter by you or any third party. If applicable, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state, federal, or common law principle of similar effect, to the fullest extent permitted by law.
By using this Website, you agree to indemnify, defend, and hold harmless Company and this Website, our officers, members, managers, employees, independent contractors, representatives, agents, and other visitors from and against any and all liabilities, losses, damages, fines, judgments, settlements and expenses (including but not limited to reasonable attorneys’ fees) arising from the use of this Website, the use of any Social Media Pages, and from the abuse, negligence, and misuse of the Products by you or any third party. You also agree that we shall have the right to participate in the defense or settlement of any claim, suit, or proceeding with counsel of our own choosing at our own expense.
We reserve the right to discontinue this Website and our services at any time in our sole discretion. You agree that we may assign these Terms of Service without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Service, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach , nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Service is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Service, which are to remain in full force and effect. The Terms of Service constitute the entire agreement with you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Service are included for convenience only and shall not limit or otherwise affect these Terms of Service.
18. GOVERNING LAW; DISPUTE RESOLUTION
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflicts of law principles. All disputes arising under this Agreement shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association in New Jersey by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney’s fees. All claims you bring against us or the Website must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim in an amount of up to Fifteen Hundred Dollars ($1500.00 USD), provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.
19. THIRD PARTY BENEFICIARIES
You agree that there shall be no third party beneficiaries under these Terms of Service.
20. CONTACT US
In the event that you have any questions about these Terms of Service, or that you need further assistance with respect to the access or use of the Website, please notify us at the contact information listed below:
Attn.: Customer Service
Simply Pets Global LLC
PO Box 732
Edgewater, NJ 07020
21. EFFECTIVE DATE
These Terms of Service were last modified on the 1st of September, 2010.