STORE POLICY
1. Introduction
This Terms and Conditions agreement ("Agreement") governs the use of the Pets & Palette website located at www.petsandpalette.com (the "Site") and the purchase of products offered by Pets & Palette (the "Company"). By accessing the Site or placing an order, you ("Customer" or "you") agree to be bound by this Agreement. If you do not agree with any part of this Agreement, please do not use the Site or place an order.The Company reserves the right to modify this Agreement at any time without prior notice. It is the Customer's responsibility to review the Agreement periodically for any changes. Continued use of the Site following the posting of any changes constitutes acceptance of those changes.
1.1 Parties to the Agreement
This Agreement is between the Customer and Pets & Palette. The Company's principal place of business is located in China.
1.2 Acceptance of Terms
By accessing the Site, browsing products, creating an account, or placing an order, the Customer agrees to be bound by this Agreement and the Company's Privacy Policy. If the Customer does not agree to the terms of this Agreement, they should not use the Site or purchase any products.
2. Definitions
2.1 "Products" refers to the puzzles, Amazon products, and any other items offered for sale on the Site by the Company.
2.2 "Print-on-Demand Supplier" means the third-party supplier that produces puzzles upon receiving an order from the Customer.
2.3 "Amazon Associate Program" refers to the affiliate program operated by Amazon that allows the Company to earn commissions by promoting Amazon products on the Site.
2.4 "Customized Puzzle" means a puzzle created using a unique design requested by the Customer.
2.5 "Intellectual Property" includes copyrights, trademarks, trade secrets, patents, and other proprietary rights.
2.6 "Force Majeure Event" means any event beyond the reasonable control of the Company, including but not limited to natural disasters, war, riots, strikes, and governmental actions.
3. Products and Services
3.1 Product Descriptions
The Company offers the following products on the Site:
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Puzzles: Custom puzzles created by the Company or designed by Customers. Puzzles are produced by the Print-on-Demand Supplier located in China.
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Amazon Products: Products offered through the Amazon Associate Program. These products are delivered directly by Amazon.
3.2 Customization Options
Customers may order customized puzzles by uploading their own designs or images. The Company will create a proof of the customized puzzle, and the Customer will have up to two chances to review and approve the design before production begins.
4. Ordering and Fulfillment
4.1 Placing Orders
Customers may place orders for Products through the Site by selecting the desired items and completing the checkout process. The Company reserves the right to refuse or cancel any order for any reason.
4.2 Order Processing
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Puzzles: Orders for puzzles will be produced within 5 business days by the Print-on-Demand Supplier in China.
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Amazon Products: Orders for Amazon products will be processed and fulfilled directly by Amazon suppliers.
4.3 Shipping
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Puzzles: Puzzles will be shipped to the Customer's provided address within 20-30 days after production is complete. Shipping times may vary depending on the customer's location.
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Amazon Products: Shipping for Amazon products will be handled by Amazon according to their standard shipping policies.
5. Pricing and Payment
5.1 Pricing
The Company reserves the right to change prices for Products at any time without prior notice. All prices are displayed in US dollars and are exclusive of any applicable taxes or shipping fees.
5.2 Payment Methods
The Company accepts the following payment methods:
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Credit/Debit Cards: Visa, Mastercard, American Express, Discover
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PayPal
6. Delivery and Risk of Loss
6.1 Delivery
The Company will use commercially reasonable efforts to deliver Products within the estimated timeframes. However, delivery dates are not guaranteed, and the Company is not responsible for any delays due to Force Majeure Events or other circumstances beyond its control.
6.2 Risk of Loss
Risk of loss and damage to Products passes to the Customer upon delivery by the Company or its carrier to the shipping address provided by the Customer. The Customer is responsible for inspecting all Products upon delivery and notifying the Company of any discrepancies or damage within 5 business days of receipt.
6.3 Customs and Duties
The Customer is solely responsible for complying with all applicable laws and regulations related to the importation of Products, including the payment of any customs fees, import duties, or taxes. The Company is not responsible for any delays, additional charges, or seizures by customs authorities.
7. Returns and Refunds
7.1 Puzzle Returns
Customers may request a replacement puzzle if it is received damaged or defective. Replacement requests must be made within 5 business days of receiving the order. The Customer is responsible for the cost of returning the puzzle to the Company's facility in China.
7.2 Amazon Product Returns
Returns for Amazon products are subject to Amazon supplier's return policy. Customers should refer to Amazon's terms for information on their return process and eligibility.
7.3 Refund Process
For puzzles, once the Company receives the returned item in China, the Customer will be issued a refund for the purchase price. Shipping costs are non-refundable. Refunds will be issued to the original payment method used for the purchase.
7.4 Refund Eligibility
The Company reserves the right to refuse refunds or replacements for Products that have been damaged due to misuse, neglect, or accident. The Company also reserves the right to limit the number of refunds or replacements per Customer.
8. Intellectual Property
8.1 Company Intellectual Property
The Site, including its content, design, and functionality, is owned by the Company and protected by copyright, trademark, and other intellectual property laws. The Company grants the Customer a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes.
8.2 Customer Intellectual Property
By uploading or providing any content, designs, or images to the Company, the Customer represents and warrants that they own or have the necessary rights and permissions to use such content. The Customer grants the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, and display the Customer's content for the purpose of fulfilling the Customer's order and promoting the Company's products and services.
8.3 Trademarks
The Company's trademarks, logos, and service marks are the property of the Company and may not be used without the Company's prior written consent.
8.4 Infringement Reporting
If the Customer believes that any content on the Site infringes their intellectual property rights, they should notify the Company immediately by email at info.petsandpalette@gmail.com.
9. Limitation of Liability
9.1 Disclaimer of Warranties
The Company provides the Site and Products "as is" and without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the Site will be uninterrupted or error-free.
9.2 Limitation of Damages
In no event shall the Company be liable for any indirect, special, incidental, or consequential damages arising out of or related to the use or inability to use the Site or Products, even if the Company has been advised of the possibility of such damages. The Company's total liability shall not exceed the amount paid by the Customer for the specific Product giving rise to the claim.
9.3 Force Majeure
The Company shall not be liable for any delay or failure to perform its obligations under this Agreement due to any Force Majeure Event. In the event of a Force Majeure Event, the Company will notify the Customer as soon as practicable and will use reasonable efforts to minimize the impact on its performance.
10. Governing Law and Jurisdiction
10.1 Governing Law
This Agreement and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of China, without regard to its conflict of law principles.
10.2 Jurisdiction
Any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the courts located in China. The Customer consents to the personal jurisdiction of these courts and waives any objection to the convenience of these forums.
10.3 Dispute Resolution
In the event of any dispute between the parties, the parties shall first attempt to resolve the dispute through good faith negotiations. If the parties are unable to resolve the dispute through negotiations, either party may submit the dispute to binding arbitration in accordance with the rules of the China International Economic and Trade Arbitration Commission (CIETAC). The arbitration shall be conducted in English and the arbitral award shall be final and binding on the parties.
11. Termination
11.1 Termination by the Company
The Company reserves the right to suspend or terminate the Customer's access to the Site or any Products at any time, with or without notice, for any reason, including but not limited to the Customer's breach of this Agreement or any applicable law or regulation.
11.2 Termination by the Customer
The Customer may terminate this Agreement at any time by ceasing to use the Site and no longer purchasing Products from the Company.
11.3 Effect of Termination
Upon termination of this Agreement, the Customer's right to access the Site and use the Products shall immediately cease. Sections 8 (Intellectual Property), 9 (Limitation of Liability), 10 (Governing Law and Jurisdiction), and 12 (General Provisions) shall survive termination of this Agreement.
12. General Provisions
12.1 Entire Agreement
This Agreement, together with the Company's Privacy Policy and any other policies or agreements referenced herein, constitutes the entire agreement between the Customer and the Company regarding the use of the Site and the purchase of Products.
12.2 Waiver and Severability
The failure of the Company to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12.3 Assignment
The Customer may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of the Company. The Company may assign this Agreement to any affiliate or in connection with a merger, acquisition, or sale of assets without the Customer's consent.
12.4 Notices
All notices given by the Customer to the Company must be given in writing to the address specified in Section 1.1. The Company may provide notices to the Customer via email, postal mail, or by posting the notice on the Site.
13. Contact Information
If the Customer has any questions or concerns regarding this Agreement or the Company's products and services, they should contact the Company at:
Pets & Palette
The Company will make reasonable efforts to respond to all inquiries within 5 business days.