Terms & Conditions
Terms & Conditions
By using Pawsome Frenchies (“we”, “our”, “us”) services on its website www.pawsomefrenchies.com (the “Website”), you are agreeing to our terms & conditions (the “Terms”), so be sure to read over the Terms which note that you are entering into this legally binding agreement (the “Agreement”).
Please note, these Terms can potentially change at any time, and it is up to you to check these Terms regularly before ordering products in case there are any changes. If you do not agree with the Terms set out below, you should not use or access the Website.
If you have any queries relating to our Terms, please contact our customer services at email@example.com before placing an order.
- Purpose and Application of Agreement
- 1. These Terms exist for the purpose of ensuring we can offer our products for sale online to our customers through our Website (the “Services”).
- 2. The Terms will apply between you and us when you purchase an item from the Website.
- 3. The Terms do not affect your statutory rights.
- 2. If you receive an unsolicited email asking you for your Pawsome Frenchies account log in details, please contact our customer service team immediately.
- Acceptable Use and Eligibility
- 1. You shall comply with all applicable laws and regulatory requirements that apply to you.
- 2. Your contract for purchases made through the Website is with Pawsome Frenchies and you undertake that all goods ordered by you are for your own private and domestic use only and are not for resale.
- 3. Members must be 18 years or older (the “Minimum Age Requirement”) in order to use the Services, except where law in the country where you reside requires that you must be older so that we may provide the Services to you.
- 4. Members must not engage in any criminal activity of any kind when using the Services, and visitors or Members with a criminal history and in particular one with a business or commercial element shall not be eligible to use the Services.
- 5. In order to use the Services, you warrant that you meet the Minimum Age Requirement.
- 6. If you do not meet these requirements, you must stop using this Website immediately.
- 7. You warrant that all details you provide to the Website for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using via our acceptable payment methods is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
- Membership & Security
- 1. In addition to meeting eligibility requirements, Members agree to additional terms regarding continued use of the Services.
- 2. You agree that e-mail can be used as a long-distance means of communication.
- 3. During the registration process, you must choose a username and password. You are responsible for all actions taken under that username and password and must only purchase from the Website under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If you think someone else might know it, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password. If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible.
- 4. We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.
5.1. When placing an order, you agree that any and all information given is accurate and complete.
5.2. All orders are subject to acceptance and product availability.
5.3. Availability information for products is listed on each individual product description.
5.4. All prices listed on the Website are correct at the time of entering the information, however, we reserve the right to change prices of any product at any time.
5.5. No contract for the sale of any product will exist between you and us until we accept your order by directing the shipping of the order to you. When this happens we will confirm the acceptance by sending you an email.
5.6. This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost (including P&P) and usual delivery times.
5.7. You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.
5.8. If your order has not been accepted, you will receive an email from us telling you the reasons why.
5.9. Discount vouchers, codes and offers cannot be used on sale products.
6.1. We deliver to the United States, but we also deliver to other countries subject to order acceptance.
6.2. The delivery period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock.
6.3. You may have to pay import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note, customs policies vary widely from country to country. We recommend you contact your local customs office for further information.
6.4. Please note international shipments may be subject to cross-border inspections by customs authorities.
7.1. The price may be adjusted by us at checkout.
7.2. We accept PayPal and 2checkout as a payment method.
7.3. Login to your Pawsome Frenchies account as usual (recommended) and once in checkout, select PayPal or 2checkout. You will then be directed to PayPal or 2checkout where you will login in to your PayPal account and complete the order.
7.4. Use our guest checkout option. Using this option, you will only have to login once – into your PayPal account and not into your Pawsome Frenchies account. However, you will not be able to see these orders in your online account.
7.5. All PayPal orders are charged when we direct the shipping of your items.
- Shopping Experience Maintenance
8.1. We do not accept liability (except as set out below) for any errors and/or omissions contained in our Website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
8.2. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on the Website is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your payment method.
8.3. Quality control guidelines are set out in the Refund and Returns Policy.
- Cancellations, Refunds and Returns
9.1. You may cancel any orders before they are deemed processed by us for shipping, however this is subject to us receiving notice before processing the order.
9.2. Our Refund and Returns Policy specify our procedures on making returns and requesting refunds.
9.3. This Clause does not affect your statutory rights.
- Purpose of products
The products sold on the Website are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from the Website.
- Intellectual Property
11.1. All rights, including copyright, in the content of the Website are owned or controlled by us or its content or product suppliers, subject to the fact that we hold no copyright in any of the designs nor any intellectual property in any of the products sold on the Website.
11.2. In accessing the Website, you agree that you may only download the content for your own individual and non-commercial use.
11.3. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the Website for any other purpose whatsoever without our prior written permission.
11.4. We respect the intellectual property of others; if you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org
- 1. You or we may terminate this Agreement at any time by providing notice to the other.
- 2. We may terminate and suspend any and all access at any time without notice if you:
- 2.1. you fail to make payment to us when due,
- 2.2. you breach any of our terms and conditions,
- 2.3. when requested by us to do so, you fail to provide within a reasonable time frame, enough information to let us to check the accuracy and validity of any information supplied by you, or your identity, or
- 2.4. we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on the Website.
- 3. Following termination, you shall not be eligible to use the Services.
- 4. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranties and disclaimers, indemnity clauses, and limitations of liability.
- Standard Terms
You agree that if you break these Terms, or any liabilities are incurred arising out of your use of this Website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.
13.2. Disclaimer and Limitation of Liability
- 2.1. THIRD PARTY INFORMATION
We cannot be held responsible for material displayed on third party websites or any other written material.
The only prices that apply for our products are those stated on our material.
We cannot vouch for the reliability of prices stated on shopping directories or through any other third party.
- 2.2. NO WARRANTY
TO THE EXTENT ALLOWED UNDER LAW, WE (AND THOSE THAT WE WORK WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
- 2.3. EXCLUSION OF LIABILITY
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS WE HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), WE (AND THOSE THAT WE WORK WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL OUR LIABILITY (AND THOSE THAT WE WORK WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF WE HAVE BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
13.5. Force Majuere
We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
In the event of any disputes, we expect to reach an amicable resolution with you. If we are unable to resolve our disputes, ultimately the Terms are the primary governing force of this Agreement.
13.7. Entire Agreement
These Terms govern our relationship with you. Any changes to these Terms must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what we and you are expected to do. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except where that representation has been made a term of these Terms and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these Terms. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Terms.
13.8. Goverrning Law
The Terms shall be governed by and construed in accordance with the laws of Bosnia and Herzegovina and you irrevocably submit to the exclusive jurisdiction of the courts of Bosnia and Herzegovina.