Conditions d’utilisation
Tamed and Wild Terms of Service
Effective Date:
Welcome to Tamed and Wild! We’re so glad you’re here and we hope you find something you like for your best furry friends . By visiting this site or purchasing products or services from us, you agree to be bound by the following terms and conditions (these “Terms”), including our privacy policy (the “Privacy Policy”) and those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of this site and purchasers of our products and services (collectively, “Users”), including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to these Terms, then you may not access this site, purchase any of our products, or use any of our services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Note that throughout these Terms, when we say “we”, “us” and “our” we mean Tamed and Wild and its affiliates. When we say “you” or “your”, we mean a User of this site or our products or services.
Any new products or services which are added to the current store hosted on this site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to this site. It is your responsibility to check this page periodically for changes. Your continued use of or access to this site or purchase or use of our products or services following the posting of any changes to these Terms constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - USER OBLIGATIONS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products or services for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) through your use of this site or our products or services.
You understand that your content provided to us (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our products or services or any content on this site or social media sites, without express written permission by us.
A breach or violation of any section of these Terms will result in an immediate termination of your access to this site and your use of your products or services.
SECTION 2 - PRODUCTS AND SERVICES
Certain products or services may be available exclusively online through this site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products or services will be corrected. We reserve the right to refrain from providing products or services to anyone for any reason at any time.
SECTION 3 - MODIFICATIONS TO PRODUCTS, SERVICES, AND PRICES
All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion.
We reserve the right at any time to modify or discontinue any products or services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or service.
SECTION 4 – INFORMATION
Occasionally there may be information on our site or in our product or services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on this site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We are not responsible for the accuracy, completeness, or timeliness of information made available on this site. We undertake no obligation to update, amend or clarify information on this site, including without limitation, pricing information, except as required by law. The content on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the content on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 6 - THIRD-PARTY TOOLS AND SERVICES
Certain content, products and services available via this site may include materials from third parties. Additionally, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
You acknowledge and agree that we provide access to third-party tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of third-party tools or links offered through this site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send feedback, creative ideas, suggestions, proposals, plans, or other materials, whether online (including, but not limited to, on our social media channels), by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you provide to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content posted to our site or social medial channels that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that any Comments provided by you will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this site, any service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
SECTION 8 - PERSONAL INFORMATION
Your submission of personal information through the store or our site is governed by our Privacy Policy.
SECTION 9 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using this site or its content or any product or service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this site, other websites, or the Internet. We reserve the right to terminate your use of this site or any related website for violating any of the prohibited uses.
SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of this site or any service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of any our products or services will be accurate or reliable.
You expressly agree that your use of, or inability to use, any of our products or services is at your sole risk. All products and services are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Tamed and Wild, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of this site or any of our products or services, or for any other claim related in any way to your use of this site or any product or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any product or service or any content (or product) posted, transmitted, or otherwise made available via this site or any social service, even if we were advised or should have known of the possibility of such damages. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 11 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Tamed and Wild and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party in using this site or any of our products or services.
SECTION 12 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 13 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
These Terms are effective on the later of the Effective Date and your date of first use of this site or any product or service unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our products or services, or when you cease using this site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our products and services (or any part thereof).
SECTION 14 - GOVERNING LAW
These Terms, the Privacy Policy, and any separate agreements which we provide you in connection with your use of this site or any of our products or services shall be governed by and construed in accordance with the laws of the Province of British Columbia and Canadian law applicable in British Columbia.
SECTION 15 – DISPUTES
The laws of the Province of British Columbia and Canadian law applicable in British Columbia will govern any dispute, cause of action, or claim arising out of these Terms, the Privacy Policy, any separate agreements which we provide you in connection with your use of this site or any of our products, or your use of this site or any of our products or services (each, a “Dispute”). Any Dispute shall be brought in the applicable court located in the City of Vancouver, Province of British Columbia. Any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We and you each waive any right to a trial by jury. If you breach these Terms or violate our rights or another person’s rights, we may ask a court to stop you; if we bring a claim against you, you will reimburse us for our reasonable legal fees for that claim.
SECTION 16 - GENERAL TERMS
These Terms, the Privacy Policy, and any policies or documents posted by us on this site or in respect to our products and services constitute the entire agreement and understanding between you and us and govern your use of this site and our products and services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without our prior written consent. We may assign its rights and duties hereunder to any third party at any time without notice to you.
Except as specifically set forth in these Terms, no third party shall have any right to enforce any right or enjoy any benefit that is created or established under these Terms.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
SECTION 17 - CONTACT INFORMATION; NOTICES
Questions about these Terms should be sent to us at hello@tamedandwild.com.
We may deliver notice to you concerning these Terms by placing a notice on this site or by sending you an email, or by some other manner. You agree that all agreements, notices, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any notice to us that is required or permitted by these Terms must be in writing and must be sent by email to hello@tamedandwild.com for such notice to be deemed effective.
