TERMS OF SERVICE
Last updated: June 21, 2026
OVERVIEW
Welcome to Paw & Cuddle! The terms “we,” “us,” and “our” refer to Paw & Cuddle. Paw & Cuddle operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience collectively referred to as the “Services.” Paw & Cuddle is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, together with any policies referenced herein, collectively referred to as these “Terms of Service” or “Terms,” describe your rights and responsibilities when you access or use the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas including third-party fulfillment, product use, warranty disclaimers, limitations of liability, and dispute procedures.
By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. Our Privacy Policy, Refund Policy, Shipping Policy, and Contact Information are available through the footer of our website and are incorporated into these Terms by reference.
If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the Services.
SECTION 1 - ACCESS AND ACCOUNT
By accessing or using the Services, you represent that you are at least the age of majority in your state, province, territory, or country of residence. A person who has not reached the age of majority may use the Services only with the permission and supervision of a parent or legal guardian.
To use the Services, including browsing our online store, creating an account, or purchasing products, you may be asked to provide certain information, including your name, email address, telephone number, billing information, payment information, and shipping address.
You represent and warrant that all information you provide is accurate, current, complete, and lawfully provided and that you have all rights necessary to provide that information.
You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activity occurring through your account. You must notify us promptly if you believe your account or payment information has been accessed or used without authorization.
You may not transfer, sell, assign, share, or license your account to another person.
We reserve the right to restrict, suspend, reject, or terminate an account if we reasonably believe it is being used fraudulently, unlawfully, abusively, or in violation of these Terms.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to provide accurate descriptions and representations of products offered through our online store. However, product colors, dimensions, proportions, packaging, labeling, markings, materials, appearance, and other details may differ from how they appear on your screen due to your device, display settings, lighting conditions, manufacturing variations, supplier updates, or other factors.
Product photographs and videos are provided for illustrative and informational purposes. We do not guarantee that your device will display product colors or details accurately.
Minor variations in product color, packaging, labels, markings, measurements, or appearance that do not materially affect the product’s ordinary intended use will not necessarily constitute a defective or incorrect product.
Products may be manufactured, supplied, stored, packaged, and shipped by independent third-party suppliers and fulfillment providers. Unless expressly stated otherwise, Paw & Cuddle does not manufacture, warehouse, physically handle, package, or personally ship most products offered through the Services.
All product descriptions, specifications, availability, prices, photographs, packaging, and other product information are subject to correction, update, or change without notice.
We reserve the right to discontinue any product, limit available quantities, restrict sales to particular persons, households, geographic regions, or jurisdictions, and reject orders involving suspected fraud, abuse, unlawful activity, or unauthorized resale.
We do not warrant that the appearance, packaging, color, or quality of a product will exactly match every photograph or meet every customer’s subjective expectations, except where applicable law provides otherwise.
SECTION 3 - PET SAFETY AND PRODUCT USE
Customers are responsible for selecting products suitable for their pets’ species, breed, size, age, weight, health, temperament, behavior, and individual needs.
You are responsible for reading and following all product labels, warnings, instructions, care information, and safety guidance provided with a product.
You must inspect products before each use and immediately stop using any product that appears damaged, worn, broken, loose, altered, defective, or otherwise unsafe.
Pets should be appropriately supervised while using toys, feeding products, grooming products, wearable products, restraints, travel products, or any item that may create a choking, ingestion, entanglement, suffocation, strangulation, escape, or injury risk.
No pet toy or accessory is guaranteed to be indestructible. Product durability may vary based on the animal, frequency of use, environment, maintenance, and manner of use.
To the fullest extent permitted by applicable law, Paw & Cuddle is not responsible for injury, loss, property damage, veterinary costs, or other harm caused by improper use, inadequate supervision, failure to follow instructions, failure to inspect a product, continued use of a damaged product, unauthorized alteration, ordinary wear and tear, or use by an animal for which the product is unsuitable.
Information provided through the Services is for general informational purposes only and is not veterinary, medical, nutritional, diagnostic, or professional advice.
No statement made through the Services is intended to diagnose, treat, cure, or prevent any disease, illness, or medical condition. You should consult a qualified veterinarian regarding your pet’s health, symptoms, medication, diet, allergies, treatment, or individual needs.
SECTION 4 - ORDERS
When you place an order, you are making an offer to purchase the products listed in your order.
An automated order confirmation confirms that we received your order but does not necessarily mean that the order has been finally accepted.
Paw & Cuddle reserves the right to accept, reject, limit, place on hold, modify, or cancel an order for legitimate reasons, including product unavailability, supplier limitations, fulfillment problems, incorrect product information, pricing errors, payment failure, suspected fraud, shipping restrictions, regulatory concerns, unusually large quantities, unauthorized resale, or other errors affecting the order.
We must receive and process your payment before fulfillment begins.
Please review your order carefully before submitting it. Paw & Cuddle cannot guarantee that an order can be changed or canceled after it has been submitted to a supplier, warehouse, or fulfillment provider.
If we reject, modify, or cancel an order, we will attempt to notify you using the email address, telephone number, billing information, or shipping information provided with the order.
If we cancel an order after collecting payment, we will issue the applicable refund to the original payment method.
We may request additional information to verify an order, payment method, identity, billing address, or shipping address. Failure to provide requested verification may result in cancellation.
Your purchases are subject to cancellation, return, exchange, and refund solely in accordance with our Refund Policy and applicable law.
You represent and warrant that purchases are made for lawful personal or household use and not for unauthorized commercial resale, unlawful export, fraud, or abuse.
SECTION 5 - PRICES AND BILLING
Prices, discounts, promotions, shipping offers, and product availability are subject to change without notice. The price charged for a product or service will generally be the price displayed at the time the order is submitted and will be stated in your order-confirmation email, subject to the correction of obvious typographical, technical, supplier, currency-conversion, or system errors.
Paw & Cuddle offers free standard shipping on orders with a merchandise subtotal of $60 or more after discounts have been applied and before taxes, customs duties, import taxes, brokerage fees, handling charges, or other government-imposed charges are added.
Orders with a merchandise subtotal below $60 may be subject to shipping charges. Any shipping charges collected by Paw & Cuddle will be displayed during checkout before you complete your purchase.
Free shipping applies only to standard shipping. Expedited shipping, priority shipping, customs duties, import taxes, brokerage fees, handling charges, and other government-imposed charges are not included in the free-shipping offer unless expressly stated otherwise.
The $60 free-shipping minimum is determined using the merchandise subtotal after discounts and promotional codes have been applied. Taxes, duties, shipping charges, gift cards, and other fees do not count toward the $60 minimum.
If a return, cancellation, refund, discount, or other adjustment reduces the qualifying merchandise subtotal below $60, Paw & Cuddle reserves the right, to the extent permitted by applicable law, to deduct the standard shipping charge that would otherwise have applied from any refund owed.
Prices displayed through our online store may differ from prices offered by third parties or through other websites. Paw & Cuddle is not responsible for prices, discounts, advertisements, or promotions offered independently by another seller.
We may offer promotions that affect pricing or shipping eligibility and that are governed by separate terms and conditions. If promotion-specific terms conflict with these Terms, the promotion-specific terms will govern the applicable promotion.
Promotional codes have no cash value, may not be sold or transferred, may be limited to one use per customer or household, and may not be combined with other promotions unless expressly permitted. We reserve the right to cancel or refuse a promotional code that has expired, was obtained improperly, is used fraudulently, or is used in violation of its stated terms.
Unless otherwise expressly stated, displayed product prices do not include applicable sales taxes, customs duties, import taxes, brokerage fees, handling charges, or other charges imposed by governments, customs authorities, carriers, payment providers, or other third parties.
Charges collected directly by Paw & Cuddle will be displayed during checkout. Customers are responsible for any customs duties, import taxes, brokerage fees, handling charges, or other third-party or government-imposed charges not collected by Paw & Cuddle at checkout, to the extent permitted by applicable law.
You agree to provide current, complete, and accurate purchase, payment, billing, account, and contact information for all purchases made through the Services. You agree to promptly update your information so that we can process transactions and contact you when necessary.
You represent and warrant that the payment information you provide is accurate and complete, that you are authorized to use the submitted payment method, that charges incurred through your account will be honored by your payment provider, and that you will pay all charges displayed during checkout.
You authorize Paw & Cuddle and its independent payment processors to charge the total amount displayed during checkout to your selected payment method.
Paw & Cuddle uses independent payment providers and does not control their approval decisions, processing times, security procedures, technical systems, outages, holds, reversals, or delays.
SECTION 6 - THIRD-PARTY FULFILLMENT, SHIPPING AND DELIVERY
Paw & Cuddle uses independent third-party suppliers, fulfillment providers, warehouses, and shipping carriers to process and deliver orders.
Products may be stored, processed, packaged, and shipped directly to customers by a third-party supplier or fulfillment provider from a location different from Paw & Cuddle’s business location.
Products within the same order may be shipped from different facilities, may arrive in separate packages, and may be delivered at different times.
Paw & Cuddle does not directly control third-party supplier inventory, processing times, warehouse operations, packaging decisions, carrier performance, customs processing, international inspections, transportation systems, or tracking updates.
All processing, shipping, transit, and delivery dates are estimates only unless a particular date is expressly guaranteed in writing.
Estimated delivery periods may not include supplier processing delays, weekends, holidays, customs inspections, carrier interruptions, seasonal shipping volume, or other circumstances outside our reasonable control.
To the fullest extent permitted by applicable law, Paw & Cuddle is not responsible or liable for shipping or delivery delays caused by suppliers, warehouses, fulfillment providers, postal services, shipping carriers, customs authorities, international inspections, severe weather, natural disasters, labor disputes, transportation interruptions, government actions, public-health emergencies, high seasonal volume, or other circumstances outside our reasonable control.
A delay caused by a supplier, fulfillment provider, carrier, customs authority, or other third party does not, by itself, make Paw & Cuddle liable for inconvenience, lost income, missed events, missed occasions, substitute purchases, lost opportunities, emotional distress, or other indirect or consequential losses, except where liability cannot legally be excluded.
Customers are responsible for providing a complete, accurate, and deliverable shipping address.
Paw & Cuddle is not responsible for delays, failed deliveries, returned packages, misdeliveries, or additional expenses caused by an incorrect or incomplete customer-provided address, missing apartment or unit number, inaccessible delivery location, refusal of delivery, failure to collect a package, failure to pay applicable customs charges, or delivery instructions provided directly to a carrier.
Additional payment may be required to resend a package returned because of an incorrect address, failure to accept delivery, or another circumstance caused by the customer.
To the fullest extent permitted by applicable law, risk of loss passes to the customer when the applicable product is duly transferred by the supplier or fulfillment provider to the shipping carrier. Where mandatory consumer law requires risk to remain with Paw & Cuddle until delivery, that mandatory law will apply.
If tracking information provided by the carrier shows that a package was delivered to the address supplied by the customer, Paw & Cuddle is not responsible for theft, loss, disappearance, or damage occurring after confirmed delivery, except where applicable law requires otherwise.
Customers should promptly contact Paw & Cuddle and, where appropriate, the applicable carrier concerning delayed, missing, damaged, or incorrectly delivered packages.
We may assist with a supplier, warehouse, or carrier investigation. Such assistance does not constitute an admission of liability and does not guarantee that a replacement, reshipment, credit, or refund will be issued.
If an order cannot be shipped within the timeframe required under applicable law, Paw & Cuddle will provide any legally required delay notice, cancellation option, refund, or other mandatory remedy.
SECTION 7 - CUSTOMS AND INTERNATIONAL ORDERS
Orders shipped internationally may be subject to customs inspections, import restrictions, duties, taxes, brokerage fees, handling charges, or other government-imposed costs.
Unless expressly stated during checkout, customs duties, import taxes, brokerage charges, and similar fees are not included in the product price and are the customer’s responsibility to the extent permitted by law.
Paw & Cuddle does not control customs authorities and cannot guarantee whether a package will be inspected, whether charges will be imposed, the amount of any charge, or how long customs processing will take.
Customers are responsible for confirming that products may lawfully be imported, possessed, and used in their destination jurisdiction.
We reserve the right to reject or cancel an order to a destination where shipping or importation is unavailable, restricted, unlawful, or commercially impractical.
Paw & Cuddle is not responsible for delays, seizures, returns, or additional expenses resulting from customs inspections, prohibited imports, unpaid duties, or a customer’s failure to comply with local requirements, except where applicable law provides otherwise.
SECTION 8 - RETURNS, REFUNDS, EXCHANGES AND CANCELLATIONS
Returns, refunds, exchanges, cancellations, damaged-product claims, missing-item claims, and incorrect-item claims are governed by our Refund Policy.
Customers must comply with the procedures, eligibility requirements, evidence requirements, conditions, and deadlines stated in the Refund Policy.
We may require photographs, videos, proof of purchase, shipping-label photographs, packaging photographs, product measurements, written descriptions, or other reasonable evidence needed to investigate a claim.
Submitting a claim does not guarantee approval.
Items returned without prior authorization may be refused and may not qualify for a refund.
Unless our Refund Policy or applicable law states otherwise, customers are responsible for return-shipping expenses.
Original shipping fees, expedited shipping charges, customs duties, import taxes, brokerage fees, and similar charges are nonrefundable except where applicable law requires otherwise.
Approved refunds will generally be issued to the original payment method.
Banks, credit-card companies, and payment providers control how long an approved refund takes to appear in an account. Paw & Cuddle is not responsible for third-party processing delays after we submit a refund.
We reserve the right to reject claims involving suspected fraud, altered evidence, misuse, policy abuse, repeated excessive claims, customer-caused damage, or products damaged after delivery.
SECTION 9 - LOST, DAMAGED, DEFECTIVE OR INCORRECT PRODUCTS
Customers must inspect products promptly after delivery.
Claims involving visible damage, defects, missing products, incorrect products, or incomplete orders must be submitted within the timeframe stated in our Refund Policy.
Customers must retain the product, packaging, shipping label, and other relevant materials until the claim has been reviewed.
Normal wear and tear, accidental damage, pet-caused damage, improper use, inadequate supervision, improper storage, unauthorized alteration, continued use after damage, and failure to follow instructions do not constitute manufacturing defects.
Where a claim is approved, the remedy may include replacement, reshipment, repair where appropriate, store credit, partial refund, or full refund, subject to our Refund Policy and applicable law.
We are not required to provide multiple remedies for the same product or issue.
A replacement or refund does not constitute an admission of fault or liability.
SECTION 10 - PAYMENT DISPUTES AND CHARGEBACKS
Customers are encouraged to contact Paw & Cuddle before initiating a payment dispute so that we have a reasonable opportunity to investigate and resolve the issue.
Nothing in these Terms limits a customer’s lawful right to dispute an unauthorized or improper charge.
However, false, fraudulent, misleading, or abusive payment disputes may result in account suspension, cancellation of pending orders, refusal of future orders, submission of evidence to payment providers, or recovery efforts permitted by law.
We may contest payment disputes using order records, policy-acceptance records, customer communications, tracking information, delivery confirmation, supplier records, photographs, and other relevant evidence.
SECTION 11 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, photographs, videos, audio, page designs, arrangements, and original materials, are owned by Paw & Cuddle, its affiliates, or its licensors and are protected by applicable intellectual-property laws.
These Terms permit you to use the Services for lawful, personal, and noncommercial purposes only.
Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, scrape, extract, sell, license, or transmit protected material from the Services.
Nothing in these Terms grants you ownership of or a license to any trademark, copyright, patent, branding, trade dress, or other intellectual property belonging to Paw & Cuddle, Shopify, or another person, except for the limited personal-use permission expressly stated herein.
Unauthorized use of the Services may violate intellectual-property and other laws.
Paw & Cuddle’s names, logos, designs, product names, service names, and slogans are trademarks or protected branding belonging to Paw & Cuddle or its licensors.
Shopify’s name, logos, product names, service names, designs, and slogans are trademarks belonging to Shopify. All other third-party names, logos, brands, and materials remain the property of their respective owners.
SECTION 12 - OPTIONAL TOOLS
You may be provided with access to tools, applications, integrations, tracking systems, payment services, or other functionality offered by third parties as part of the Services.
We do not necessarily monitor or control these third-party tools.
You acknowledge and agree that third-party tools are provided on an “as is” and “as available” basis without warranties, representations, conditions, or endorsements by Paw & Cuddle.
To the fullest extent permitted by law, Paw & Cuddle is not responsible for losses, errors, outages, inaccuracies, data practices, interruptions, or other harm resulting from your use of an independent third-party tool or service.
Your use of third-party tools may be governed by separate terms, conditions, and privacy policies issued by the applicable provider.
We may offer new tools, resources, features, or services in the future. Such additions will be considered part of the Services and will be governed by these Terms unless otherwise stated.
SECTION 13 - THIRD-PARTY LINKS
The Services may contain materials, embedded functionality, or hyperlinks to websites operated by third parties.
We are not responsible for examining, evaluating, verifying, controlling, or guaranteeing the content, security, accuracy, availability, or business practices of third-party websites.
A link does not necessarily mean that Paw & Cuddle endorses, sponsors, controls, or assumes responsibility for the third party.
If you leave the Services to access a third-party website, you do so at your own discretion and risk.
We are not liable for harm or damages relating to your access to a third-party website or your purchase or use of products, services, resources, or content offered independently by a third party.
You should review the applicable third party’s policies and practices before entering into a transaction.
Complaints or questions regarding independently offered third-party products or services should be directed to the applicable third party.
SECTION 14 - RELATIONSHIP WITH SHOPIFY
Paw & Cuddle is powered by Shopify, which provides the ecommerce platform used to make the Services available.
However, purchases made through our store are transactions directly between you and Paw & Cuddle.
Shopify is not the seller of Paw & Cuddle products and does not manufacture, select, package, fulfill, ship, warrant, or provide customer support for those products.
To the fullest extent permitted by law, Shopify is not responsible for injuries, damages, losses, returns, refunds, fulfillment issues, shipping problems, product issues, or disputes arising from a transaction between you and Paw & Cuddle.
Nothing in this section limits any consumer right or legal remedy that cannot lawfully be waived.
SECTION 15 - PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy, which is available through the footer of our website.
Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services.
Information may also be transmitted to payment providers, suppliers, warehouses, fulfillment providers, shipping carriers, fraud-prevention providers, analytics providers, advertising providers, customer-service providers, and other service providers when reasonably necessary to operate the store, process transactions, prevent fraud, fulfill orders, or provide the Services.
Some third parties may process information in countries other than the country where you reside.
Please review our Privacy Policy and Shopify’s applicable privacy information for additional details.
SECTION 16 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, reviews, photographs, videos, proposals, comments, plans, or other material, collectively referred to as “Feedback,” you grant Paw & Cuddle a perpetual, worldwide, nonexclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, publish, translate, distribute, display, advertise, and promote that Feedback in any medium for lawful business purposes.
You represent and warrant that you own the Feedback or have all permissions necessary to submit and license it, that the Feedback reflects your genuine experience where applicable, and that it does not violate another person’s intellectual-property, privacy, publicity, contractual, or other legal rights.
You must disclose any payment, discount, free product, incentive, or other compensation received in connection with submitted Feedback.
We are under no obligation to maintain Feedback in confidence, compensate you for Feedback, publish Feedback, preserve Feedback indefinitely, or respond to Feedback.
We may monitor, edit, reject, disable, or remove Feedback that we reasonably believe is unlawful, false, misleading, fraudulent, threatening, defamatory, obscene, malicious, infringing, or otherwise inconsistent with these Terms.
You may not use a false identity, misrepresent your experience, or mislead us or other persons regarding the origin of Feedback.
You are solely responsible for Feedback you submit and its accuracy.
SECTION 17 - ERRORS, INACCURACIES AND OMISSIONS
Information available through the Services may occasionally contain typographical errors, inaccuracies, omissions, outdated information, or technical problems relating to product descriptions, specifications, prices, promotions, shipping charges, delivery estimates, availability, photographs, inventory, or other matters.
We reserve the right to correct errors, update information, change inaccurate content, or cancel an affected order at any time, including after an order has been submitted.
If we cancel a paid order because of an error, we will issue the applicable refund.
We are not required to update or clarify information except where applicable law requires otherwise.
SECTION 18 - PROHIBITED USES
You may access and use the Services for lawful purposes only.
You may not access or use the Services, directly or indirectly, for an unlawful, malicious, fraudulent, abusive, or deceptive purpose; to violate any international, federal, state, provincial, territorial, or local law; to infringe our rights or the rights of another person; to harass, abuse, threaten, defame, intimidate, or discriminate against another person; to transmit false or misleading information; to engage in unauthorized resale; to make fraudulent orders, returns, refund requests, or payment disputes; or to impersonate another person or organization.
You may not upload or transmit viruses, malware, malicious code, or other harmful material; send spam, phishing messages, chain letters, or unauthorized advertisements; collect or misuse another person’s personal information; interfere with the security, operation, accessibility, or performance of the Services; bypass authentication, access restrictions, CAPTCHAs, robot-exclusion measures, or security controls; or reproduce, scrape, extract, copy, sell, resell, or commercially exploit the Services without authorization.
You may not use a robot, spider, crawler, scraping tool, artificial-intelligence agent, automated system, or manual process to access, extract, monitor, copy, or interact with the Services in a manner that violates these Terms, harms the Services, imposes an unreasonable burden, or bypasses technical restrictions.
We reserve the right to investigate suspected violations and restrict, suspend, disable, or terminate access without prior notice where reasonably appropriate.
SECTION 19 - AGENTS AND AUTOMATED ACCESS
This section applies if you use, permit, enable, or deploy software or a service that takes autonomous or semi-autonomous action to access, use, or interact with the Services, referred to as an “Agent.”
An Agent may not conceal or misrepresent that access is automated, impersonate a human user, circumvent CAPTCHAs, bypass technical restrictions, ignore robot-exclusion instructions, or access the Services after being instructed to stop.
We may use technical measures to limit, restrict, or block automated access.
Use of an Agent does not relieve the person or organization operating or directing it from responsibility for its conduct.
SECTION 20 - TERMINATION
We may restrict, suspend, or terminate your account or access to all or part of the Services if we reasonably believe that you violated these Terms, engaged in fraud or abuse, created a security risk, failed to pay an amount lawfully owed, misused our policies, or engaged in unlawful conduct.
You may stop using the Services at any time.
Termination does not eliminate obligations, liabilities, or payment amounts that arose before termination.
Provisions that by their nature should continue after termination will survive, including provisions concerning intellectual property, Feedback, payment obligations, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution.
SECTION 21 - FORCE MAJEURE
To the fullest extent permitted by applicable law, Paw & Cuddle will not be responsible or liable for delay, interruption, failure, or inability to perform caused by circumstances outside our reasonable control.
Such circumstances may include natural disasters, severe weather, fires, floods, war, civil unrest, terrorism, government actions, embargoes, sanctions, labor disputes, manufacturing interruptions, supplier failures, warehouse failures, carrier interruptions, customs delays, transportation shortages, utility outages, internet outages, cyberattacks, public-health emergencies, supply-chain disruptions, and failures of third-party platforms or providers.
Our affected obligations will be suspended for the duration of the event to the extent permitted by applicable law.
Nothing in this section removes a refund, cancellation, or other right that applicable law does not permit us to exclude.
SECTION 22 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general informational purposes. We do not warrant that all information will always be accurate, complete, current, or suitable for a particular purpose.
Any reliance placed on information available through the Services is at the user’s own risk to the fullest extent permitted by applicable law.
EXCEPT AS EXPRESSLY STATED BY PAW & CUDDLE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY LAW, PAW & CUDDLE DISCLAIMS IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE AVAILABLE, SECURE, UNINTERRUPTED, TIMELY, OR ERROR-FREE; THAT ALL INFORMATION WILL BE ACCURATE OR CURRENT; THAT THIRD-PARTY SUPPLIERS, FULFILLMENT PROVIDERS, OR CARRIERS WILL PERFORM WITHOUT ERROR OR DELAY; THAT PRODUCT PACKAGING OR APPEARANCE WILL EXACTLY MATCH WEBSITE IMAGES; OR THAT A PRODUCT WILL BE SUITABLE FOR EVERY PET, CUSTOMER, OR SITUATION.
NOTHING IN THESE TERMS EXCLUDES A WARRANTY, CONSUMER RIGHT, OR REMEDY THAT CANNOT LEGALLY BE EXCLUDED.
SECTION 23 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PAW & CUDDLE AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUPPLIERS, FULFILLMENT PROVIDERS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
THIS EXCLUSION INCLUDES LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, MISSED EVENTS OR OCCASIONS, SUBSTITUTE-PURCHASE COSTS, LOSS OF USE, LOSS OF OPPORTUNITY, EMOTIONAL DISTRESS, AND REPUTATIONAL HARM.
TO THE FULLEST EXTENT PERMITTED BY LAW, PAW & CUDDLE’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO A PARTICULAR PRODUCT, ORDER, TRANSACTION, OR USE OF THE SERVICES WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO PAW & CUDDLE FOR THE SPECIFIC PRODUCT OR ORDER GIVING RISE TO THE CLAIM.
THESE LIMITATIONS APPLY REGARDLESS OF WHETHER A CLAIM IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, OR ANOTHER LEGAL THEORY AND EVEN IF THE POSSIBILITY OF DAMAGES WAS DISCLOSED.
NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT LEGALLY BE LIMITED, INCLUDING LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR ANOTHER MATTER THAT APPLICABLE LAW PROHIBITS US FROM LIMITING.
SOME JURISDICTIONS DO NOT PERMIT CERTAIN WARRANTY EXCLUSIONS OR LIABILITY LIMITATIONS. IN THOSE JURISDICTIONS, THESE PROVISIONS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 24 - INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Paw & Cuddle, Shopify, and our respective owners, affiliates, officers, directors, employees, contractors, suppliers, fulfillment providers, agents, licensors, and service providers from third-party claims, losses, damages, liabilities, judgments, and reasonable legal expenses arising from your material breach of these Terms, unlawful use of the Services, violation of another person’s rights, fraudulent or unauthorized activity through your account, Feedback submitted by you, misuse or unauthorized alteration of a product, or failure to follow product instructions and warnings.
We will provide reasonable notice of an indemnifiable claim when practicable.
You agree to provide reasonable cooperation in the defense of the claim.
We may control the defense and settlement of an indemnifiable claim, provided that we will not impose a nonmonetary obligation directly upon you without your consent, which will not be unreasonably withheld.
SECTION 25 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, void, or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable.
If modification is not possible, the unenforceable portion will be severed.
The remaining provisions will remain valid and enforceable.
SECTION 26 - WAIVER; ENTIRE AGREEMENT
Our failure or delay in exercising a right or enforcing a provision of these Terms does not constitute a waiver of that right or provision.
A waiver is effective only when expressly made in writing by an authorized representative of Paw & Cuddle.
These Terms and the policies incorporated into them constitute the entire agreement between you and Paw & Cuddle concerning your access to and use of the Services.
These Terms replace prior versions and prior or contemporaneous communications concerning the same subject matter.
Additional terms may apply to a particular product, promotion, feature, subscription, or service. If specific additional terms conflict with these Terms, the more specific terms will govern the applicable product, promotion, feature, subscription, or service.
Any ambiguity will not automatically be interpreted against a party merely because that party drafted these Terms.
SECTION 27 - ASSIGNMENT
You may not transfer, delegate, or assign these Terms or your rights or obligations under them without our prior written consent.
Any attempted unauthorized assignment is void.
We may assign or transfer our rights and obligations in connection with a merger, acquisition, financing, business reorganization, sale of assets, transfer of store ownership, or similar transaction, subject to applicable law.
SECTION 28 - INFORMAL DISPUTE RESOLUTION
Before filing a legal claim against Paw & Cuddle, you agree to send written notice describing your name and contact information, the order involved, the nature of the dispute, and the remedy requested.
The notice should be sent to pawandcuddlesupport@gmail.com.
The parties will attempt in good faith to resolve the dispute informally for at least 30 days after the notice is received.
This section does not prevent either party from seeking urgent injunctive relief or using a small-claims procedure where legally available.
Nothing in this section limits a consumer right that cannot legally be waived.
SECTION 29 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide the Services will be governed by and construed in accordance with the laws of the State of New York and applicable federal laws of the United States, without regard to conflict-of-law principles.
This section does not deprive consumers of mandatory protections provided by the laws of the jurisdiction where they reside when those protections legally apply.
SECTION 30 - HEADINGS AND INTERPRETATION
The headings used in these Terms are included for convenience only and do not limit or otherwise affect their interpretation.
The words “including” and “includes” mean “including without limitation.”
Singular terms include the plural where appropriate, and plural terms include the singular.
SECTION 31 - CHANGES TO TERMS OF SERVICE
You may review the current version of these Terms of Service at any time on this page.
We reserve the right to update, revise, change, or replace any part of these Terms by posting an updated version on our website.
The “Last updated” date at the top of these Terms will identify the most recent revision.
Where required by applicable law, we will provide additional notice of material changes.
Unless applicable law requires otherwise, revised Terms will apply prospectively beginning on their stated effective date.
Your continued use of or access to the Services after revised Terms become effective constitutes acceptance of those revised Terms to the extent permitted by applicable law.
SECTION 32 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Paw & Cuddle
Email: pawandcuddlesupport@gmail.com
Additional customer-service and business contact information is available through the Contact Information page in the footer of our website.