Pet-X Terms and Conditions
Please review the following terms and conditions (“Terms and Conditions”) before using this Website/App. These Terms and Conditions, which may be modified from time to time, apply to all visitors to, or users of, this Website/App.
Your Use Generally
Your use of the Website/App confirms your acceptance of these Terms and Conditions and your agreement to be bound by them. If you do not accept these Terms and Conditions, do not use this Website/App. In the event of a violation of these Terms and Conditions, Pet-X reserves the right to seek all remedies available by law and in equity. We may terminate your access or use of this Website/App at any time, for any reason or no reason and without prior notice to you. We may at any time and from time to time revise these Terms and Conditions by updating this posting. You should visit this page from time to time to review these Terms and Conditions to learn of and understand any changes, because they are binding on you. Your use of this Website/App following any such revisions constitutes your agreement to follow and be bound by the terms as revised.
Ownership of Content
The design of this Website/App and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, designs, video, audio, and written and other materials that appear as part of this Website/App (collectively, “Content” ) are protected by U.S. copyright laws and other U.S. and international laws and treaties. All Content is provided by Pet-X under a limited license as a service to its current and prospective customers and may be used only for personal (that is, for the purchase of our merchandise) use. This limited license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, allow others to copy, or otherwise exploit this Website/App, any of the Content, or any related software; and (b) you may not access or use the Website/App for any competitive or commercial purpose. Any unauthorized copying, alteration, distribution, transmission, performance, display, sale, or other use of the Content is prohibited. Pet-X may revoke this limited license at any time for any or no reason. Any unauthorized use of Pet-X Content, such as framing, inline linking or other association with content or information not originating from the Pet-X Website/App is not permitted. Linking to any Pet-X web page also is prohibited. Pet-X will aggressively enforce its intellectual property rights to the fullest extent of the law.
At Pet-X we take pride in our brand and do not condone and will not tolerate any unauthorized use of our trademarks, trade names, logos, names, and trade dress (collectively, the “Trademarks and Trade Dress”). Pet-X and its affiliated companies retain all rights regarding the Trademarks and Trade Dress. The Trademarks and Trade Dress are protected by U.S. federal and state trademark laws and international laws and treaties. No license for the use of the Trademarks or Trade Dress is granted to you under these Terms and Conditions or by your use of the Website/App. Unauthorized use of our Trademarks and Trade Dress in any manner is strictly prohibited.
All features, specifications, products and prices of products and services described on this Website/App are subject to change at any time without notice. From time to time there may be information on the Website/App that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Website/App. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer (see, our Sale Terms). We have made every effort to display as accurately as possible the colors of our products that appear on the Website/App; however, the actual color you will see will depend on your device, and we cannot guarantee that your device will accurately display our colors. The inclusion of any products or services on this Website/App does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.
Comments and other Communications
User Generated Content
The Website may permit you to voluntarily post content (“User-Generated Content”), including photographs, videos, comments or other material. If you post comments or other text, you confirm that you are at least 14 years old or have your parent/guardian’s permission; if you post photographs or videos, you confirm you are at least 18 years old or have your parent/guardian’s permission; and by posting any User-Generated Content, you agree to the following terms:
(a) Posting such User-Generated Content constitutes your consent and grant to Pet-X of an irrevocable, non-exclusive, perpetual, worldwide, royalty-free, unrestricted, and unlimited right and permission, but not the obligation, to utilize, reproduce, exploit, alter, edit, modify, distribute, publish, exhibit, digitize, broadcast, display, publicly perform, and prepare derivative works of the User-Generated Content, your name, likeness, voice and biographical information, and any material based thereon or derived therefrom, in any form or media now or hereafter known for any and all purposes throughout the World whatsoever, including, without limitation, advertising, marketing or commercial purposes, without any payment to or further authorization by you.
(b) You waive any right to inspect or approve any material in which Pet-X may eventually use your User-Generated Content and understand that Pet-X may crop, shape, or otherwise adjust any User-Generated Content.
(c) You represent and warrant that the User-Generated Content will not violate the intellectual property or proprietary rights of any third party and are legally entitled to post the User-Generated Content and to grant all relevant licenses and permissions to use the User-Generated Content as contemplated herein.
(d) You agree not to take any legal action against, and release and discharge Pet-X and its directors, officers, employees, agents and affiliates, or any other person or entity acting on its behalf, from all claims in connection with the use of the User-Generated Content, your name, likeness, voice or biographical information, as contemplated herein.
(e) You understand and agree that such User-Generated Content may be accessed and viewed by others, including by the general public, and, whether or not such User-Generated Content is published, Pet-X does not guarantee any confidentiality with respect to any User-Generated Content. You are solely responsible for your own User-Generated Content and the consequences of their publication on this Website or elsewhere (assuming we choose to post them once submitted). We reserve the right to determine in our sole discretion whether User-Generated Content is appropriate; whether it complies with these Terms and Conditions, our standards, and applicable law; and whether they may be posted or removed.
You may request removal of any of your User-Generated Content on this Website by sending a removal request email to Privacy_Policy@Pet-X.com from the email address provided when you submitted your User-Generated Content; your email must include a link to the URL of the page on which your User-Generated Content is posted or a description of the page on which it is posted.
Prohibited Uses of Website
You shall not post, transmit, redistribute, upload, or promote any communications, User-Generated Content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s device; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services and products.
Notice of Copyright Infringement Under the Digital Millennium Act (DMCA)
We do not permit copyright infringing activities on this Website. We may remove any User-Generated Content of any kind if properly informed that the User-Generated Content infringes another’s copyright rights. We may terminate the ability to submit User-Generated Content if, under appropriate circumstances, a person submitting User-Generated Content to this Website is determined to be a repeat infringer.
If you are a copyright owner or an agent for such owner and believe that any User-Generated Content or other material on this Website by third parties infringes upon your copyrights, you may notify us by providing the following information in writing:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
2. Identification of the location where the original or an authorized copy of the copyrighted work exists;
3. Identification of the User-Generated Content or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Pet-X to locate the same;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
5. A statement that you have a good faith belief that use of the User-Generated Content or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
If you fail to comply with all of the requirements above, your notice may not be valid.
You may choose to establish an account through our Website/App (collectively ‘Membership’). If you do, you will have access to your Membership by providing a phone number, email address, and password. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Membership and your device. You agree to accept responsibility for all activities that occur under your Membership. We may terminate your Membership at any time, for any reason or no reason and without prior notice to you.
Links may be established from this Website/App to one or more external websites or resources operated by third parties (the “Third Party Sites”). In addition, certain Third Party Sites also may provide links to the Website/App. None of such links should be deemed to imply that Pet-X endorses the Third Party Sites or any content therein. Pet-X does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Pet-X will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
This Website/App and all Content of the Website/App are provided to our customers and prospective customers “AS IS” and “AS AVAILABLE” and without warranties of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. You acknowledge, by your use of the Website/App, that your use is at your sole risk. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.
Limitation of Liability
No implication is made that the materials published on this Website/App are appropriate for use outside of the United States. If you access this Website/App from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws.
These are the terms and conditions (“Sale Terms”) that apply when you purchase products, gift cards, and/or e-gift cards (“merchandise”) from the Pet-X (Pet-X) Website. If you placed an order for merchandise and at least one of the following situations applies to you, then you are confirming your acceptance of and agreement to be bound by these Sale Terms: (i) you placed an order via Pet-X.com (desktop or mobile); (ii) you placed an order via the Pickup in Store feature (i.e. you placed an online order to be picked up in a store) offered on Pet-X.com; (iii) you placed an order via the Pet-X mobile application; (iv) you placed an order via an Pet-X microsite; or (v) you placed an order via the telephone. For the remainder of these Sale Terms, any order that matches at least one of situations (i) through (iv) listed previously may be referred to as an order that was purchased from the Pet-X “Website.” If you placed an online order while in an Pet-X store located in the United States and the order will be fulfilled via shipment, then you may retrieve a copy of these Sale Terms by visiting Pet-X.com.
Due to the fact that these Sale Terms are subject to change at any moment, please review and then save a copy of these Sale Terms for your personal records prior to your placement of each order.
Order and Acceptance
Each part of an order that you submit to Pet-X constitutes an offer to purchase merchandise. If you have placed your order through the Pet-X Website, then, after Pet-X receives your order, you will receive an email from Pet-X confirming receipt of your order (usually in minutes). If you do not receive an email from Pet-X confirming receipt of an order that you placed, then please contact the Pet-X Customer Service Department at the contact information provided above before you attempt to place another order for the same merchandise. Please note that Pet-X’s confirmation of receipt of your order does not equate to Pet-X’s acceptance of your order.
Pet-X is not deemed to have accepted any part of your order until the requested merchandise has been shipped and Pet-X has sent a Shipment Confirmation Email or a Ready for Pickup Email. You may track the progress of your order by clicking here.
If Pet-X rejects your order due to an error in pricing and/or other information about the merchandise, then Pet-X will notify you at the email address that you have provided. Once the error has been corrected, Pet-X will ask you whether or not you would like to re-submit your order to purchase the relevant merchandise. If Pet-X has notified you that your order has been accepted by sending you a Shipment Confirmation Email or a Ready for Pickup Email, then you will not be required to pay a price that is greater than the price that was displayed on the Pet-X Website at the time at which you placed your order. If Pet-X has distributed merchandise that is different from the description of the relevant merchandise (as displayed on the Pet-X Website at the time at which you placed your order), then you may request a return or an exchange. For additional details, please review the Pet-X Returns and Exchanges Policy.
Although it is unlikely that Pet-X would refuse to accept an order, Pet-X reserves the right to deny any order for any reason, including where the following situations arise:
Error(s) in Billing, Payment, and/or Shipping Information
Some orders cannot be processed due to erroneous information that you have provided, which includes, but is not limited to:
Incorrect credit card or debit card number, expiration date, and/or security value.
Other incorrect information regarding payment types.
Incorrect billing information (e.g. when you provide billing information that is inconsistent with the billing information that your financial institution has on record).
Insufficient or incorrect information regarding your shipping address (e.g. street address, city, state, zip or postal code, etc.).
Suspected fraudulent information.
Delayed Shipment or Unavailability of Merchandise
If an item of merchandise is delayed out of the Pet-X fulfillment center or becomes unavailable, or if there is an error on the Pet-X Website pertaining to the order (e.g. an error pertaining to the price and/or description of merchandise), then Pet-X may cancel the order. If this occurs, then Pet-X will contact you so that you are aware of the situation.
Reshipping of Merchandise
Pet-X’s policies do not allow merchandise to be reshipped in any way. Any order that is being shipped to a “Freight Forwarding Company” will not be accepted. A complete listing of countries to which Pet-X ships can be accessed by clicking here.
Resale of Merchandise
Pet-X is a private label brand. In order to protect Pet-X’s intellectual property rights, any suspected resale of merchandise for personal and/or business profit is strictly prohibited. Pet-X will not accept any order that is deemed to possess characteristics of reselling. Pet-X reserves the right to cancel any subsequent order from a customer who has been suspected of reselling.
Previous Fraudulent Order History
Pet-X may refuse to accept any order if fraudulent activity is suspected. Pet-X may refuse to process any subsequent order from a customer who has a history of placing fraudulent orders. Pet-X may refuse any order that is connected with a previous credit card dispute.
Gift Wrap Service
The Gift Wrap service is not available for Pickup in Store orders. The Gift Wrap service may be cancelled for some orders (depending on the location from which the merchandise is being shipped).
Engagement with Pet-X and Affiliates
Pet-X reserve the right to block from receiving marketing communications and/or the right to remove and/or unsubscribe from all Company platforms any email address, phone number, and/or mailing address that is associated with a customer who has been determined by the Company to possess characteristics of reselling and/or a customer order that has been determined by the Company to be fraudulent. Company platforms affected by such removal and/or unsubscriptions include, but are not limited to: (i) any of the Company’s online accounts; (ii) promotional club memberships; (iii) email marketing lists; (iv) text messaging programs; and/or (v) direct mailing lists. In addition, affected customers may be prohibited from accessing and/or registering for each of the aforementioned platforms in the future.
Customer Initiated Order Cancellations and Changes
If you placed your order via the Pet-X Website and your order has already been packed, then you may request a return or an exchange in an Pet-X store located in the US or you may send the merchandise back to Pet-X in accordance with the Pet-X Returns and Exchanges Policy. All sales of Gift Cards and E-Gift Cards are final. All sales of Gift Cards and E-Gift Cards are subject to the terms outlined in the “Gift Card Details” (found on the Gift Card page) and the “E-Gift Card Details” (found on the E-Gift Card page), respectively.
If you place an order via the Pickup in Store feature offered on the Pet-X Website, you no longer want the merchandise that you ordered, and at least one of the following situations applies to you, then you may request a refund by contacting the Pet-X Customer Service Department at the contact information provided above: (i) your order has already been pulled from the inventory of the selected store and is ready to be picked up at the selected store; or (ii) your order has already been packed in the Pet-X Distribution Center and has been shipped to the selected store. If you fail to pick up your order within ten (10) days of the date on which the final item of merchandise is ready to be picked up at the selected store, then your order will be automatically returned. Following the cancellation of your order, a refund will be issued to your original means of payment.
Merchandise on Backorder
Merchandise on backorder is temporarily out of stock. If we are unable to ship any merchandise on backorder within thirty (30) days from the date of your order, we will notify you at the e-mail address that you have provided. You will not be charged for merchandise on backorder until it ships. Shipping and handling for each item in an order is distributed so it is directly proportional to the cost of an item and will not be charged in the applicable proportional amount until the respective item(s) ship(s). All items in an order will be shipped via the shipping service type selected when placing the order. The status of a backordered item will remain open on an order until the merchandise is in stock and we take payment and ship the merchandise, or until we contact you that that item was cancelled, or if you contact us to change or cancel your order.
Prices and Payments
Pet-X may vary the price of its merchandise at any time. After we accept an order, we will not alter the price, except for merchandise eligible for price adjustment.
Orders That Will Be Shipped to the US and/or Canada – If you have ordered merchandise via the Pet-X Website and Pet-X has reduced the price of any item of merchandise (of the same color and size) in your order, then Pet-X is happy to process a price adjustment for you. Please note that you may only do so within fourteen (14) days of the date on which you placed your order. Pet-X offers price adjustments only for merchandise purchased at the original price. Each item that you purchase from Pet-X is eligible for only one (1) price adjustment. In order to request a price adjustment, please contact the Pet-X Customer Service Department by email at Pet-X@Pet-X.com. Please remember to include your order number and other details regarding the merchandise that you believe to be eligible for a price adjustment.
Payments by Credit Card
When you pay for an order using a credit card, Pet-X reserves the right to request additional evidence of your billing information. Please note that all payments with a debit card will be processed in the form of credit. The charge for your order will appear on your credit card statement as “ANF*Pet-X.com.” If you contest the validity and/or the amount of a charge pertaining to an order from Pet-X and you believe it to be fraudulent, then please contact Pet-X by email at Pet-X_OrderService@Pet-X.com.
Pet-X will prosecute to the fullest extent of the law any fraudulent activity pertaining to the reversal of a valid charge for an order filed and delivered to the customer. In the event that your order has been cancelled, any “authorization hold” will drop off of your account within three (3) to five (5) business days.
Delivery / Pickup in Store
The charges for shipping and handling will depend on the value of your order, the country to which the merchandise is being shipped, and the delivery date that you requested. You may access a list of Pet-X’s shipping and handling charges and Pet-X’s terms of delivery by clicking here.
Limitation of Liability
UNDER NO CIRCUMSTANCE WILL Pet-X BE LIABLE TO ANY PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AND/OR PUNITIVE DAMAGES PERTAINING TO A SALE OF MERCHANDISE. In certain jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations of liability may not apply.
Additional Terms and Resources