1. SCOPE & APPLICATION
THESE WAGGIT TERMS OF SALE (THESE “TERMS”) APPLY TO ALL OFFERS, SALES AND PURCHASES OF WAGGIT DEVICES (THE “PRODUCT”) SOLD THROUGH WAGGIT SERVICES, INCLUDING WAGGIT’S WEBSITE, WAGGIT.DOG. WE RESERVE THE RIGHT TO AMEND OR UPDATE THESE TERMS AT ANY TIME BY POSTING SUCH AMENDED OR UPDATED TERMS ON THE WAGGIT WEBSITE; YOUR CONTINUED USE OF THE WAGGIT SERVICES OR PURCHASE OF PRODUCTS AFTER THE POSTED CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO SUCH CHANGES.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THE SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH WAGGIT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES, THE WEBSITE, OR ANY OF THE WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
2. PURCHASES ARE FINAL
ALL PURCHASES ARE FINAL, NON-CANCELABLE AND NON-REFUNDABLE, EXCEPT AS SPECIFIED IN THE APPLICABLE (i) LIMITED WARRANTY AND RETURN POLICY, AVAILABLE: [https://waggit.dog/pages/warranty-and-returns]; AND (ii) CANCELLATION POLICY, SET FORTH BELOW.
3. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE; CANCELLATION POLICY
3.1 Any prices, quotations and descriptions made or referred to on the Waggit Services with respect to the Product are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order (as described below).
3.2 While we make every effort to ensure that items appearing on the Waggit Services are available, we cannot guarantee that all items are in stock, immediately available, or available for distribution or delivery in all parts of the Territory (as defined below) when you submit your order. We may reject your order (without liability) if we are unable to process or fulfill it for any reason. If this is the case, we will refund any prior payment that you have made for that item.
3.3 An order submitted by you constitutes an offer by you to us to purchase the Product on these Terms and is subject to our subsequent acceptance.
3.4 Our acceptance of your order takes effect and the contract concluded at the point where such offer is expressly accepted by us dispatching your order and accepting your credit card or other payment (“Acceptance“).
3.5 Prior to such acceptance, an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your order.
3.6 Your placement of a pre-order does not create a contract for sale for a Product not offered for sale by Waggit. By placing a pre-order for a Product that is not yet available for sale, you make an offer to Waggit to purchase the Product subject to these Terms. Waggit will obtain an authorization from your bank or payment card company at no charge. An authorization from your bank or payment card company may stay open for several days or weeks before a charge is actually made. Subject to Section 3.7, you may cancel your offer to purchase the Product at any time prior to shipment and you will not be charged. When the Product is offered for sale, Waggit may accept your offer to purchase Products subject to these Terms. At that time, Waggit will capture payment on the payment method you provided and ship your Product. Waggit may obtain additional authorization from your payment card company to confirm necessary funds are available to purchase the Products requested.
3.7 Cancellation Policy. After Acceptance, you may not modify or cancel your order without our prior written consent; provided, however: (a) we may cancel your order at any time after Acceptance and prior to shipment for any reason in our sole discretion, including but not limited to (i) our inability to process or fulfill the order; (ii) you are in a country where the Product cannot be purchased or shipped; and (iii) your order does not comply with any applicable Terms, and in such event, we will issue you a credit or refund for any amounts already paid; and (b) for any pre-orders of the Product (as specifically identified on the Waggit websites), you are permitted to cancel your pre-order up until such time as the Product has been shipped (the foregoing collectively constitutes our “Cancellation Policy”).
4. PRICE AND TERMS OF PAYMENT
4.1 Prices payable for the Product are those in effect at the time the order is placed, unless otherwise expressly agreed. Prices may be indicated on the Waggit website or an order acknowledgement but the authoritative price in the event of any discrepancy, is the price that is notified to you on our Acceptance. We are not responsible for pricing, typographical or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors.
4.2 We have the right at any time prior to our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify you of any mistakes in the Product descriptions or errors in pricing prior to Product dispatch. In such event if you choose to continue with fulfillment of the order, you acknowledge that the Product will be provided in accordance with such revised description or corrected price.
4.3 The places that we deliver the Product are listed on the Waggit website (“Territory”).
4.4 Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery within the Territory (charges for which are stated on the Waggit website); and (b) VAT and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the Product as such costs are specified by us on the Waggit website when you submit your order.
4.6 By submitting an order or pre-order to Waggit, you authorize Waggit to charge your order to the payment method provided. You represent and warrant that (i) the payment method information you provide to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for purchase, (iii) charges incurred by you will be honored by your payment method provider, and (iv) you will pay the charges incurred by you at the posted prices, including all applicable taxes and shipping costs, if any. Additional terms and conditions of your payment method provider may apply to your purchase. We will charge the payment method you provided upon Acceptance and prior to shipment of the Product. We reserve the right to verify credit or debit card payments prior to Acceptance. Waggit may cancel or suspend your order if the payment method cannot be verified, is invalid, or is otherwise not acceptable. You are responsible for resolving any payment problems.
5. DELIVERY AND RISK
5.1 Delivery timescales/dates specified on the Waggit website, in any order acknowledgement, Acceptance or elsewhere are estimates only. While we endeavor to meet such timescales or dates, we do not undertake to dispatch the Product by a particular date or dates and will not be liable to you in respect of delays or failure to do so.
5.2 Delivery will be to a valid address within the Territory submitted by you and subject to Acceptance (“Delivery Address”). You must check the Delivery Address on any acknowledgement or Acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.
5.3 Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law, you will not be entitled to reject the Product in whole or in part by reason of short delivery and will pay in full notwithstanding short delivery or non-delivery unless you notify us in writing at email@example.com of any claim within 5 days of the latest of the date of receipt of the relevant invoice or delivery whereupon you will pay for the quantity actually delivered. If you give fail to give us timely notice, we may in our sole discretion, and at our option: (a) make good on any such shortage or non-delivery; or (b) provide a refund for the applicable shortage or non-delivery under the Waggit Limited Warranty and Return Policy.
5.4 Save as otherwise provided in these Terms, risk of loss of or damage to the Product passes to you on delivery or when placed in your possession or that of any carrier or transport provided by you, whichever will occur first.
Where the Product supplied includes or embodies any software, such as the Waggit Application, the software is licensed by us or by the relevant licensor/owner subject to the relevant end-user license agreement or other license terms included with the Product and/or on the Waggit Terms of Service. Except to the extent expressly provided by us in writing or under the Waggit Terms of Service, the software is provided “AS IS” without any warranties, terms or conditions as to quality, fitness for purpose, non-infringement, performance or correspondence with description and we do not offer any warranties or guarantees in relation to the software installation, configuration or error/defect correction. You are advised to refer to the Waggit Terms of Service for further information regarding the license and use of the software.
7. LIABILITY LIMITATION
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE: (A) OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) WILL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCT YOU ORDERED AND WHICH IS RELATED TO OR GIVES RISE TO YOUR CLAIMS; AND (B) IN NO EVENT WILL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.
SOME STATES DO NO ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. PRODUCT SPECIFICATIONS; DISCLAIMER OF WARRANTIES
8.1 All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Waggit Services or made available by us are intended to represent no more than a general illustration of the Product and its features and do not constitute a warranty or representation by us that the Product will conform with the same.
8.2 EXCEPT FOR THE LIMITED WARRANTY AND RETURN POLICY, THE PRODUCT IS PROVIDED WITHOUT ANY WARRANTIES OR SUPPORT OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND WILL BE BINDING ON OR OBLIGATE US. WE DO NOT AND WILL NOT PROVIDE ANY TECHNICAL OR CUSTOMER SUPPORT FOR THE PRODUCT WHATSOEVER. IF ANY TECHNICAL SUPPORT OR ASSISTANCE IS PROVIDED WITH RESPECT TO THE PRODUCT AND THE USE THEREOF, IT IS PROVIDED “AS IS”, WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE USE OR OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. YOU BEAR ALL RISKS RELATING TO THE USE OF THE PRODUCT AND THE QUALITY AND PERFORMANCE OF THE PRODUCT AND ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION EXCEPT AS EXPRESSLY SET FORTH AS PART OF THE RETURN POLICY. THESE TERMS STATE YOUR SOLE AND EXCLUSIVE REMEDIES.
SOME STATES DO NOT ALLOW FOR THE DISCLAIMER OR LIMITATION OF WARRANTIES, SO THE ABOVE DISCLAIMER OR LIMITATION MAY NOT APPLY TO YOU.
9. CONSENTS, CUSTOMS DUTIES & EXPORT
9.1 If any license or consent of any government or other authority is required for the acquisition, carriage or use of the Product by you in any part of the Territory, you will obtain such license or consent at your own expense and if necessary produce evidence to us on demand. Any additional expenses or charges incurred by us resulting from such failure will be met by you.
9.2 Product licensed or sold to you under these Terms may be subject to export control laws and regulations in the Territory or other relevant jurisdiction where you take delivery or use the Product. You may not use or otherwise export or re-export the Product except as authorized by United States law and the laws of the jurisdiction in which the Product was obtained. In particular, but without limitation, the Product may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By purchasing the Product, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
10.1 We will not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event we may elect to cancel your order and refund any payments made.
10.2 You acknowledge that these Terms supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us with respect to the purchase of Products. These Terms prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted.
10.3 To the fullest extent permitted under applicable law, we reserve the right to modify these Terms upon prior written notice to you with effect for the future – subject to your right to reject, by way of written notice, our modifications to these Terms with respect to any orders for which Acceptance, but not yet fulfillment, has occurred.
10.4 No waiver of any term or condition of these Terms will be effective unless made in writing and signed by us. The waiver of any breach of any Term will not be construed as a waiver of any subsequent breach or condition.
10.5 The construction validity and performance of these Terms will be governed by the laws of the State of Colorado, without giving effect to any principles of conflicts of law. The parties submit to the exclusive jurisdiction and venue of any state and federal courts located in Boulder County, Colorado for any claims or proceedings arising out of or related to these Terms or the purchase of Products, and waive any jurisdictional, venue or inconvenient form objections to such courts.
This Agreement was last modified on December 24, 2018.