TERMS AND CONDITIONS
1. Scope of AlfaPet’s Website.
AlfaPetco.com, among other things, acts as an e-commerce site to tell you about our company, our pet products; to provide updates about our company; and to allow you to purchase our pet products and have them shipped directly to you. AlfaPet is not directly involved in the actual financial transaction with a customer. As a result, AlfaPet cannot control any aspect of the financial transaction with Third Parties, and the Third Parties are solely responsible to you for all aspects of the financial transaction.
2. Permitted Use and Compliance with Laws.
AlfaPet authorizes you to access, view and use the Website content and software (collectively, the “AlfaPet Property”) solely to the extent necessary for you to use the Services. You may not remove any copyright, trademark or other proprietary notices that have been placed on AlfaPet’s Property. You may not engage in systematic retrieval of data or other content from the AlfaPet Property. Except as expressly permitted by these Terms & Conditions, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way AlfaPet Property, or any portion of the AlfaPet Property, is strictly prohibited without the prior written permission of AlfaPet.
You agree that you will comply with all applicable laws, regulations and ordinances relating to the Website and Services, AlfaPet or your use of them, and that in using the Website and Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.
3. Privacy and Passwords
AlfaPet values and protects the privacy of your information. Please review AlfaPet’s Privacy Notice, as it contains important information relating to your use of the Site and Services. Some portions of the Site are protected and require a user identification code (“User ID”) and password for access. Unauthorized access or use of such portions of the Site is prohibited. You agree that you will notify AlfaPet immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred. For your protection, if AlfaPet believes that any unauthorized access may occur or has occurred, AlfaPet may terminate access without prior notice to you. You also agree that AlfaPet is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.
4. Copyright and trademark
The Website and its original content, features and functionality are and will remain the exclusive property of AlfaPet and its licensors except as otherwise indicated, all materials in the Website, including without limitation AlfaPet logo and other AlfaPet trademarks and service marks, are the property of AlfaPet and/or its affiliates or licensors, including the Third Parties, and are protected by state and federal copyright and trademark laws, all rights reserved. You must not use these trademarks without our prior written permission. All other names, logos, product and service names, designs and slogans that may appear on this website are the trademarks of their respective owners.
5. Other Intellectual Property Rights
This website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by AlfaPet, its licensors or other providers of such material and are protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These terms permit you to use our website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of our website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You hereby grant to AlfaPet and its affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any images, writings, illustrations, audio recordings, video recordings and other content that you post to our website (“Postings”) (in whole or part) and to incorporate them in other works in any form, media, or technology now known or later developed for editorial, commercial, non-commercial, promotional or any other purpose, without your approval or right of accounting. You represent and warrant that you are over the age of 18 and that your Postings are original to you, do not infringe on another party’s intellectual property rights and no other party has any rights thereto, and that any “moral rights” in your Postings have been waived.
6. Purchases & Customer Accounts
a. Purchases and Basic Account Terms: Customers are visitors to the Website who use the Services, purchase products, or choose to register or create an account with AlfaPet (“Customer”). If you register an Account, an account is created for each Customer (“Customer Account”). If you either make a purchase or choose to register as a Customer, you represent and warrant to us that: (i) you are of legal age to form a binding contract; (ii) you will provide us with accurate, current and complete registration and contact information, and keep your information updated; and (iii) your registration and your use of the Services are not prohibited by law. We reserve the right to suspend or terminate your Customer Account, or your access to the Site and or Services, in the event that you breach any of the Terms & Conditions or other applicable AlfaPet policies.
b. Password and Account Security: In connection with your Account, you will create a Password and a User ID. You are responsible for keeping your Password and confidential and secure, and you are responsible for all actions taken using your Password.
c. Age: To create an Account or to otherwise use this Website, you must be at least eighteen (18) years old or the age of majority in your state or province of residence, whichever is greater.
7. Prohibited Uses
You may use our website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use our website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries). You also agree not to:
- Use our website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of our website.
- Use any robot, spider or other automatic device, process or means to access our website for any purpose, including monitoring or copying any of the material on our website.
- Use any device, software or routine that interferes with the proper working of our website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attack our website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of our website.
8. Reliance on Website Information
The information presented on our website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our website, or by anyone who may be informed of any of its contents.
You may only register for an AlfaPet account and purchase our products if you are at least 18 years old. When you register for an account, you represent that (1) you meet such age requirement, (2) all of the information you provide is accurate, current and complete, (3) you will be solely responsible for all transactions that take place using your account, and (4) you will be solely responsible for maintaining the secrecy and security of your account and password. We reserve the right to refuse service, terminate your account, or cancel your orders in our sole discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.
9. Changes to this Website
We may update the content on our website from time to time, but its content is not necessarily complete or up to date. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
10. Linking to this Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Any links from this website to other sites and resources provided by third parties are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
11. Disclaimer of Warranties
In no event shall AlfaPet or its shareholders, directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) unauthorized access, use or alteration of your transmissions, Personal Identifiable Information, or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. AlfaPet its subsidiaries, affiliates, and its licensors do not warrant that: (i) the Website will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Website is free of viruses, destructive code or other harmful components; or (iv) the results of using the Website will meet your requirements. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF OUR WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ALFAPET NOR ANY PERSON ASSOCIATED WITH ALFAPET MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ALFAPET NOR ANYONE ASSOCIATED WITH R REPRESENTS OR WARRANTS THAT OUR WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
12. Limitation on Liability
IN NO EVENT WILL ALFAPET, ITS AFFILIATES OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
You agrees to indemnify and hold AlfaPet, its licensee and licensors, and their employees, contractors, agents, officers and directors our affiliates, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out, directly or indirectly, of (i) your access to and use of the Website; (ii) any content obtained from the Website; and (iii) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose; (iv) your violation of these Terms & Conditions, or (v) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. AlfaPet reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of AlfaPet. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
14. Governing Law and Jurisdiction
All matters relating to our website and these terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of Missouri, without giving effect to any choice or conflict of law provision. Any legal suit, action or proceeding arising out of, or related to, these terms or our website will be instituted exclusively in the federal and state courts located in St. Louis County, Missouri. You consent to jurisdiction and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
15. Dispute Resolution and Binding Arbitration
(a) YOU AND ALFAPET ARE AGREEING TO GIVE UP ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO ACTUAL THE PRODUCT, YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. (b) The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the ”AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. (c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. (d) You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR ALPAPET WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
16. Waiver and Severability
No waiver by AlfaPet of any term or condition set forth in these terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AlfaPet to assert a right or provision under these terms will not constitute a waiver of such right or provision. If any provision of these terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these terms will continue in full force and effect.
17. Information Collection, Use, and Sharing
By submitting any information to AlfaPet through the Website you understand that you may be contacted by an AlfaPet representative. You may be contacted via telephone, email, text, or prerecorded message regarding AlfaPet products, programs, offers, promotions, and announcements from AlfaPet and/or AlfaPet’s third party marketing partners. If you respond to any such communication, your information will be subject to AlfaPet’s Privacy Notice and third party’s terms and conditions, as applicable.
By providing us your phone number and/or e-mail address, you grant AlfaPet permission for the use of text messages, prerecorded voice or and/or automatic telephone dialing systems, and electronic e-mail to contact you by electronic mail, facsimile or other communication medium and/or deliver AlfaPet related information, offers or announcements. You also agree that AlfaPet may attempt to contact you via any telephone number or e-mail address you provide, even if it is a mobile telephone number which may result in charges to you. You can opt out from AlfaPet email messaging at any time.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms of Conditions. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, and dispute resolution.
19. Miscellaneous Provisions.
No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of these Terms & Conditions will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in these Terms & Conditions, “including” means “including but not limited to.” If any provision of these Terms & Conditions is found by a court of competent jurisdiction or arbitrator to be invalid or unenforceable, then these Terms & Conditions will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. You agree that the electronic text of these Terms & Conditions constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
20. Entire Agreement
These Terms and Conditions along with our Privacy Notice constitute the sole and entire agreement between you and AlfaPet with respect to the Website and Services and shall supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and Services.
21. Feedback and Contact
We welcome your comments and suggestions regarding our website and the information, products and services we make available here. Contact us at ALFAPET.INC@GMAIL.COM or 1-800-236-7387 to provide feedback.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION SECTION 15 THAT MAY BE ENFORCED BY THE PARTIES.
2019 © ALFAPET Site by Kolbeco
Satisfaction Guarantee & Return Policy:
All case products purchased from the ALFAPETCO.COM website are backed by a Money-Back Guarantee. If you are not satisfied with your purchase, you may return the unused portion of the case product to us for a prompt and courteous refund or replacement. *
We understand that cats, litter pans, and owners are all different! Therefore, we recommend anyone who has not previously used cat pan liners to try a Mini-Pack sample kit to help determine which AlfaPet Kitty cat liner work best for you, your litter pan, and your cat.
If you purchased from WWW.ALFAPETCO.COM follow these instructions:
Simply return the unused portion to us in person or by a carrier service of your choice, to the address below.
Please make sure you include your full name, order date, invoice number as well as a copy of the original invoice with your returned product to receive full credit on the unused portion less a 25% re-stocking fee.
The re-stocking fee amount of 25% is based on the original invoice amount and pertains to the outbound shipping and handling cost we incurred on the order.
Any and all freight charges incurred by you to return the products will not be covered or refunded.
Refunds may be made in the form of merchandise credit, gift certificate, or refund via the same method of payment as used by the customer.
If you purchased AlfaPet Kitty Cat Pan Liners anywhere else:
If covered by the return policy of the merchant where purchased, please return to the original retailer of sale. Products purchased outside of our website are not part of this website’s Guarantee or Return Policy and will not be refunded.
*Sorry, no returns or refunds will be given for the Mini-Pack sample kits! The charges incurred for the Mini-Pack sample kits relate to outbound shipping and handling cost. There is no charge for the product itself on those transactions; therefore there are no refunds allowed. Limit of one refund per address, per year.
Thank You for shopping with us!
AlfaPet Inc. Attn: Returns
4914 Daggett Avenue
Saint Louis, Missouri 63110