- General
These General Terms and Conditions of Use (“Terms”) are entered into by and between you and electrapets.com. In consideration of your use of and access to this Internet site (and the promises and obligations herein, and intending to be legally bound, you and electrapets.com hereby agree as follows: Your access to and use of the electrapets.com site is subject to these Terms, as well as any modifications issued by electrapets.com to these Terms, and all applicable laws and regulations. By using this site, you agree to and will be deemed to be bound by these terms. If you do not want to be bound by these Terms, do not use the electrapets.com site. Among other things, electrapets.com provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in electrapets.com in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within electrapets.com contains specific terms and conditions concerning its use (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail. - Changes in Terms
Electrapets.com shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions for access to or use of electrapets.com. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on electrapets.com. You are responsible for reviewing (Website Name) periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by electrapets.com to these Terms. Any access or use of this site by you after notice of revisions or additions to these terms shall constitute and be deemed to be your agreement to such revisions or additions. No modification to these Terms by any party other than electrapets.com shall be valid or enforceable against electrapets.com unless expressly agreed to by electrapets.com in writing and signed by a duly authorized officer of electrapets.com. - Termination
These Terms are effective until terminated by electrapets.com. electrapets.com may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access electrapets.com, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. electrapets.com shall also have the right without notice and at any time to terminate electrapets.com or any portion thereof, or any products or services offered through electrapets.com, or to terminate any individual’s right to access or use electrapets.com or any portion thereof. - Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of electrapets.com and your purchase of the items on electrapets.com. - Content
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on electrapets.com, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date. electrapets.com may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on electrapets.com in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by electrapets.com or by third parties that have licensed their use to electrapets.com. You may view and use the Content only for your personal information and for shopping and ordering on electrapets.com, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, electrapets.com does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the electrapets.com, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or another storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or writing signed by electrapets.com, is strictly prohibited. - Linked Third Party Sites
Links to other Internet sites operated by third parties, including electrapets.com vendors, do not constitute sponsorship, endorsement, or approval by electrapets.com of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by electrapets.com, and electrapets.com is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk. - Prices; Orders
All prices displayed on electrapets.com are quoted in U.S. dollars. electrapets.com may restrict delivery to addresses within the United States and Canada. electrapets.com will add shipping and handling fees and applicable sales/use tax. electrapets.com reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on electrapets.com without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on electrapets.com do not imply endorsement of that product or service or constitute a warranty by electrapets.com. The receipt by you of an order confirmation does not constitute electrapets.com ‘s acceptance of an order. Before electrapets.com accepts an order, verification of information may be required. electrapets.com reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from electrapets.com, for any reason. electrapets.com reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. If a product or service is listed at an incorrect price due to supplier pricing information or typographical error, electrapets.com shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, electrapets.com shall promptly issue a credit to your credit card account in the amount of the incorrect price. - Disclaimer and Limitation of Liability as to this Site and Content
electrapets.com makes no warranties or representations whatsoever with respect to the electrapets.com site or any linked site or its content, including the availability of any site or the content, information, and materials on it or the accuracy, completeness, or timeliness of that content, information and materials. electrapets.com also does not warrant or represent that your access to or use of electrapets.com or any linked site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that electrapets.com or any linked site is free of computer viruses or other harmful components. without limiting the foregoing, all content provided on this site is provided to users “as is,” with no warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. The “as is” condition of content is expressly made a condition of any transaction arising through or as a result of electrapets.com. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Under no circumstances shall electrapets.com, its suppliers or their respective directors, officers, employees or agents be liable to you or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, whether in contract or tort, including negligence, arising in any way out of access to or use of or inability to access or use electrapets.com or any linked site or its contents, including but not limited to lost profits, business interruption, or loss of programs or other data on computer systems or otherwise, even if electrapets.com is expressly advised of the possibility of such damages. - Disclaimer and Limitation of Liability as to Products and Services
We want you to be fully satisfied with every item that you purchase online from electrapets.com. If you are not satisfied with an item that you have purchased online, you may return the item within 30 days for a full refund of the purchase price, minus all shipping, handling, or other charges. Many of our items are offered with free shipping. This means that the cost of shipping has been included in the price to give you the total price of your order. When you return an item you are responsible for the return shipping and you will also be responsible for the actual original outbound shipping costs. Some items are subject to a restocking fee. Due to the extremely high cost of furniture shipping these items are considered a final sale and not eligible for returns. We will of course take care of shipping damage or warranty claims if any should arise. Products may be returned within 30 days of receipt of the items. All items must be in their original new packaging and in their original new condition. Laundered items or items without the original packaging will not be accepted. Each package requires a Return Authorization Number (RMA). After the request has been submitted and the return label received, please place the label on the outside of the package. All packages received by electrapets.com without a Return Authorization Number will not be accepted. If an item is to be returned due to a manufacturer defect you must contact us via phone or email to arrange replacement or return shipping. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer’s warranty and service information detailing specific terms and conditions. Manufacturers’ warranties may vary from product to product. All products and services sold by electrapets.com are subject to any applicable warranties and representations of their respective manufacturers, including but not limited to year 2004 compliance. Accordingly, electrapets.com makes no representation or warranty with respect to any product or service sold. Except as expressly stated herein, electrapets.com expressly disclaims all warranties, express or implied, of any kind with respect to products and services sold on electrapets.com, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Under no circumstances shall electrapets.com, its suppliers, or their respective directors, officers, employees or agents be liable to you or to any third party for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on electrapets.com, even if electrapets.com is expressly advised of the possibility of such damages. In no event shall electrapets.com’s liability exceed the price you paid for the product or service that is the subject of the claim. All returned products must be in new original packaging and new original condition. - Indemnification
You agree to defend, indemnify, and hold harmless electrapets.com, electrapets.com’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of electrapets.com. The foregoing indemnification obligation shall survive termination of these Terms and electrapets.com and any product or service provided to you arising out of or relating to your use of electrapets.com.
If you are a California resident, you have certain privacy rights under the California Consumer Privacy Act (“Rights”). This section describes those rights and how you can exercise those rights with electrapets.com.
Rights Requests
Right to Know and Right to Deletion. You can request what personal information we have collected, used, and disclosed in the preceding 12 months. You can also request that we delete your personal information. We may not delete all of your personal information if one of the following exceptions applies:
Transactional: to complete a transaction for which the personal information was collected, provide a good or service requested by you, or perform a contract we have with you;
Security: to detect data security incidents;
Error Correction: to debug or repair any errors;
Legal: to protect against fraud or illegal activity or to comply with applicable law or a legal obligation, or exercise rights under the law, such as the right to free speech; or
Internal Use: to use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information (i.e. to improve our services).
Please note that if we delete your personal information, many of our services will not work the same.
To submit a request to know or a request to delete, please contact us. In order to verify your identity, you will need to provide us with some basic information about yourself so that we can verify that the information you provide matches what we have in our system. Upon receipt of your request, we will also ask you to verify your email address. We will maintain a record of your request to know or request to delete.
Mobile Terms of Service
The electrapets.com mobile message service (the “Service”) is operated by electrapets.com (“electrapets.com”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to electrapets.com’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of electrapets.com through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with electrapets.com. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other electrapets.com mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to email service@electrapets.com.
We may change any shortcode or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.