Terms and Conditions of Sale
Notice: This agreement includes a binding arbitration clause and a class action waiver, set forth below, which affect your rights.
Covid-19 Restrictions May Delay Travel
1. Statement of Services
Sellers ("Breeder") use PetPay, Inc. ("Company", "PetPay", "Pawrade", "we," "our" or "us") to facilitate marketing and transaction management for the sale of goods, animals, travel and services related to the sale/adoption of pets ("Service"). The Buyer ("user", "you", "your", "customer") uses the Service of the Company on behalf of a Breeder to purchase or make associated payments for sale of goods, animals, travel and services related to the sale/adoption of pets. PetPay assumes no responsibility for goods, animals or services purchased by Buyers and offered for sale by Breeder. By using PetPay to buy goods, animals or services, you consent to this entire agreement between you and PetPay.
For payments by credit card, ACH, bank transfer, PetPay initiates the payment process by providing information to a processor that sends it to a bank that is a member of Visa U.S.A., Inc., Visa International ("Visa"), MasterCard International Incorporated ("MasterCard"), American Express Travel Related Services Company Inc. ("American Express"), or other payment card networks, association, or companies (collectively, the "Networks"). The processor and member bank are referred to collectively as the "Bank". The Bank is obligated to pay PetPay under both (a) the provisions of its agreement with PetPay, and (b) the by-laws, operating regulations and all other rules, policies and procedures of the Networks as in effect from time to time (the "Operating Regulations"), that make the Bank responsible for settling transactions. For payments by bank transfer, PetPay initiates the payment process by providing information to the Bank through the National Automated Clearing House ("ACH").
Buyers must register with PetPay. To register, a Buyer provides information (section 3 below) in order to create an account ("Account"). You are responsible for maintaining the secrecy and security of your Account access credentials and for any use of or action taken under them.
PetPay allows individuals, businesses, and non-profit organizations to register for PetPay if they are located in one of the 50 United States or the District of Columbia. A Buyer must be either a United States citizen, a legal permanent resident of the United States, or a United States business or nonprofit organization having a physical presence in the United States. A Buyer who opens an Account must be eighteen (18) years of age or older.
- Buyer: Person or business paying for a good, animal or service.
- Seller, Breeder: Person or business for whom is supplying the associated good, animal or service associated to a Transaction.
- Pet, Puppy: The animal that is made part of the Transaction.
Transaction: Any part of the sale of a pet to include each invoice paid as separate transactions. Including:
- Purchase: A Buyer paying for the pet or transport services listed on PetPay.com, NextDayPets.com or Pawrade.com via a PetPay invoice,
- Fulfillment: The Breeder delivers said pet according to PetPay requirements and Terms.
- Card Network/Card Brand: Networks that power credit card transactions. These include Visa, MasterCard, American Express and Discover.
- Cardholder: Buyer purchasing a good, animal or service using a credit card or debit card.
- Third Party Service Provider: A separate business working with PetPay to facilitate you receiving money as well as preventing fraud and non-compliance.
- Puppy Price: Advertised Price of Puppy.
- PetPay Fees: Service fees assessed at checkout, paid by Buyer, equivalent to the greater of $20 or 1.99% of the Transaction. These fees cover credit card processing fees plus a small administrative fee.
- Contract: The initial Payment Authorization and Buyer Terms of Sale Conditions Agreement which is made in part to This Agreement.
- Administration Fee (Cancellation): Defined independently within Section 14 Cancellation Policy below. Subject to an Administration fee of $599 plus PetPay Fees of 5.00% the Puppy Price.
- Paid Receipts: Payments made by Buyer.
- Paid in Full: Buyer has paid all outstanding invoices associated with the Transaction.
- Travel Date: Date the customer has been notified in writing by PetPay and/or the Breeder for which the Puppy will be eligible to travel.
- Refund Request: Buyer requesting a refund. Eligible Refunds are only ever credited back to the original method of payment.
- Transfer Request: Buyer requests to switch to another Puppy. Cancellation protocol applies.
- Payment Voucher: A certificate entitling the bearer, you, to purchase another Puppy from the same breeder at a specified monetary value. Voucher is not-transferable nor is it redeemable for cash or payment credit in the form of a refund. Voucher may not be reissued if lost or stolen.
- For-Profit Veterinarian Care: Inadequate veterinarian treatment and prognosis or misdiagnosis for the primary benefit of the Veterinarian verus the welfare of the Puppy. Unfortunately, we have witnessed countless neighborhood Veterinarians and Hospitals intimidate uneducated Buyers using fear tactics to drive up unneccesary testing or hospital stays for the betterment of their practice versus the wellfare of the Puppy. We are here to support you and your Puppy.
3. Required Information
PetPay may require to validate your identity with Third Party Service Providers. Identity verification is extended to an analysis of social profiles (re: as Facebook, Twitter and Google), 3rd party references from Social connections, Phone number and email verification, and a credit check. You may, at minimum, be asked for the following information:
- Full legal name
- Email Address
- Current address
- Month and year of birth
- Social Security Number
- Drivers License or Passport
- Utility Bill
For this purpose, PetPay may also provide any other relevant information that it has obtained from you.
By accepting this agreement you authorize PetPay to share, retrieve and verify information about you through properly vetted Third Party Service Providers to the extent required to provide payment services to you. You acknowledge that this may include history of past addresses and other data about you. We may require that your information be updated from time to time.
Note: In rare cases, the above information may not be enough to verify you. In these instances, PetPay may approach and request more information. Failure to provide this information may result in suspension or termination of Buyer sales and PetPay account. You specifically authorize PetPay to request a credit report on your behalf. You must provide accurate and complete information. If we cannot verify that this information is complete and accurate, we may deny your use of our Service, or close your Account.
4. Pets are Sold As-Is
Pets are sold as-is, and, other than as expressly set forth herein or in the either the PetPay Health Guarantee (for Signature Puppies only) or your Breeders Health Guarantee (the "Health Guarantee"), the terms of which are fully incorporated herein by reference and are made a part of this Buyer Agreement, Company makes no current nor future representations, warranties, covenants, agreements or guarantees including, without limitation, those relating to the current or future: appearance, disposition, conformation, size, weight, color, markings, results of DNA testing, or hypoallergenic traits, or allergens related or caused by the Puppy. Buyer understands the puppy will grow and will most likely change color, the Company makes no representation to the puppy's future size, weight or color. Buyer understands there are no dog breeds that are truly hypoallergenic, therefore, Buyer agrees to release Company from any and all claims, refunds, return requests related to hypoallergenic reactions. Buyer agrees and understands upon accepting delivery and taking custody of Puppy that Buyer is confirming satisfactory receipt of the Puppy as-is and further acknowledges at the time of delivery, to have been awarded the necessary time to inspect and review the Puppy and agrees the Puppy meets Buyer's expectations including but without limitation to the Puppy’s breed, health, appearance, disposition, conformation, size, weight, color or markings. Any time after taking ownership, custody, or possession of Puppy, Buyer understands and agrees that their sole recourse for any monetary or financial refund or dispute for any and all health related ailments, claims, issues, unacceptable or dissatisfaction opinions of Puppy or Puppy's condition is made exclusively in part by the encompassing Health Guarantee terms without prejudice.
5. Pet Value
The value of the pet for all purposes of this Agreement and the Health Guarantee, is limited to the purchase price of the pet (the "Purchase Price"), and does not include, as applicable, applied store credit, taxes, shipping costs, health certificate, veterinarian costs, shipping crate or any additional costs or expenses incurred or asserted by Buyer in connection with the pet. All Health Guarantee claims are subject to Liability Limits.
6. Pet-Only Status / Spay & Neuter Requirements
All dogs/puppies are sold as pets unless expressively consented otherwise in writing by the Breeder. Buyer agrees and acknowledges that Buyer will not breed the pet and that the pet comes with Pet-Only rights to exclude Breeding Rights and Breeding Ability. Buyer agrees to spay or neuter the Puppy at an appropriate age, as determined in consultation with Buyer's veterinarian. Buyer further agrees to care for the pet in a humane and responsible manner, including, but not limited to providing it with clean and adequate shelter, food, water and veterinary care. Buyer agrees that the pet shall reside inside his or her home, shall not be allowed to roam freely, and shall wear a collar with identification tags and any required license tags at all times.
7. Pet Feeding
Buyer agrees that the pet will be fed the same food as the Breeder has provided the pet for a minimum of (1) year unless the Breeder states otherwise.
Shall the pet come with a Microchip as defined within the Puppy listing and part of the PetPay transaction the Buyer agrees to register the pets Microchip upon delivery. Buyer must provide breeder the Microchip registration number. Breeder will not release the Registration paperwork unless able to confirm the Puppy's microchip has been registered.
9. Registration Paperwork
Registration papers will only be released for registered puppies. Registration papers for all registered puppies will be sent by regular mail or available for download from PetPay. Breeders may or may not require Spay / Neuter confirmation from a Veterinarian before releasing Registration Papers. Any costs to obtain new or renewal registration papers are the sole responsibility of Buyer. If the papers are lost, PetPay will assist Buyer in obtaining new papers at Buyer's expense.
10. Listing Information Provided by Breeders
You understand all listing criteria are provided by the Breeder and not PetPay. PetPay affords every commercially reasonable effort to its Breeders to provide accurate and up-to-date listing information on PetPay.com, NextDayPets.com, Pawrade.com, or other partner sites (the "Website") regarding puppies sold through PetPay's network. Such information includes, but is not limited too, breed, gender, color, date of birth, weight, parents' weights and registration details. PetPay relies on its network of breeders to accurately post thousands of puppies on the Website and is not responsible for typographical or photographical errors.
11. Vaccinations and Health Requirements
All pets placed on the Site must be up-to-date on all vaccinations and anthelmintics (dewormers) per Breeder Veterinarian standards to prevent diseases and internal parasites including but not limited to: Canine dewormer, Canine distemper, Canine Parvovirus, Rabies (provided the dog is over three months of age and the inoculation is administered by a licensed veterinarian), then optionally at the Veterinarian's discretion: Leptospirosis, Bordatella, Parainfluenza, Hepatitis, etc.
- All up-to-date vaccinations must be completed three or more days prior to shipping.
- No Puppy should be given a nasal Bordetella vaccination during the four-day period prior to departure.
- As a preventative measure against stress-related Coccidia flare-ups, it is suggested Breeders administer Albon for each of the three days prior to shipping.
- To help prevent hypoglycemia in small breeds, Breeders should administer a sugar supplement such as Nutri-Cal for each of the two days prior to shipping and at least once immediately before departure.
- A fecal floatation exam is required prior to shipping. If the result is positive, the Breeder must treat any abnormalities immediately. A current Health Certificate must be provided to PetPay prior to departure.
- If a positive fecal result is found or any abnormalities are noted by the veterinarian, Breeder must notify us immediately and, in all cases, provide proof of administration to treat any abnormalities before the Puppy is allowed to be shipped.
- No Puppy shall be released by Breeder until it is at least 8 weeks old. No Puppy weighing less than two pounds shall be released by Breeder until it is at least 12 weeks old.
As soon as the pet is ready for travel, the pet will typically travel within seven to twenty-one days of the effective date of this Agreement. Occasionally, a pet may need additional time with its Breeder before travel. The final determination of the travel date for the pet is made by the Puppy's breeder and the breeder's veterinarian, with the health of the Puppy being the primary determining factor. Transportation of the Puppy is provided by, and generally arranged through, third parties. Occasionally, there may be delays for numerous reasons, including, but not limited to, weather, temperature restrictions, logistics, mechanical failure or other unforeseen events. PetPay shall not be liable, directly or indirectly, for any delays, including, without limitation, those that may cause Buyer inconvenience or financial loss, nor shall any delay be a valid cause for cancellation of Buyer's purchase of the Puppy. Buyer understands and agrees that no refund shall be provided due to any airline/airport delays or cancellations of the Puppy's flight, whether such travel is domestic or international. Buyer is solely responsible for any required documentation, health reports, or vaccinations that may be necessary to transport the Puppy into any country other than the United States or Canada.
PetPay reserves the right to delay or reject a transaction, particularly if we suspect that the transaction is unauthorized or otherwise exposes you or PetPay to financial or security risks. At the time of sale, PetPay withholds any and all fees due to PetPay as part of the transaction then deposits the remainder of funds into Breeder's account and releases such funds at PetPay's discretion.
Binding Sale: All sales are binding. The Breeder is obligated to deliver the pet or otherwise complete the transaction with the buyer in a timely manner in accordance with Seller Code of Ethics, unless there is an exceptional circumstance, such as: (a) the buyer fails to perform, or (b) PetPay cannot authenticate the buyer's identity, or (c) PetPay deems the Buyer unfit to adopt the pet. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. Transactions become binding sales upon the Breeders review and acceptance. Buyer's are obligated to complete the transaction in a timely manner and in good faith with respect to Section 19. Code of Conduct Policy.
Payment In Full: All transactions require payment in full by the invoice due date. Failure to pay invoices in full by the payment due date will result in Cancellation by Default without recourse. You understand and agree no payment extension is available and payment must be made in full by the invoice due date. You understand and agree that failure to pay in full will result in no refunds for any reason whatsoever and your purchase will be cancelled. No Puppy under any circumstance will be released without payment in full prior to the departure date as identified by the invoice due dates. Puppies greater than 8 weeks of age will require payment in full at the time of purchase. Puppies less than 8 weeks in age will require payment in full within one (1) weeks time of delivery. Why? We protect the transaction from fraud from both parties and follow strict protocols for ensuring a safe and secure transaction therefore, a safe and secure adoption.
Setting Expectations: Buyer agrees and understands the following expectations:
- You understand the process of adopting a Puppy is very fluid and delays may occur for which are not grounds for cancellation with recourse.
- You understand that while you have reserved the Puppy, ownership belongs to the Breeder until you take physical possession of the Puppy. You understand that you are at the mercy of the Breeder and the Breeder's schedule until you take physical ownership.
- You understand that requests for updated photos or videos takes time out of the Breeder's normal day-to-day life. You understand that not all requests will be granted by the Breeder or will be furnised in a timely manner. Approved requests may take up to 10 days. Breeders prefer to take professional pictures and videos with choreographed backgrounds which take significant time. Requests for updated photos for videos is not cause for cancellation with recourse.
- You understand that weather and climate play a critical role in the release of a Puppy during particularly warm or cold seasons.
- You understand that changes in a Puppy's environment, climate, humidity levels, or seasonal allergies have a direct impact on a Puppy's well-being similar to humans. A Puppy may come down with allergies, a cold, respiratory infection, or any number of ailments at any point in time even after a Veterinarian exam dictating a clean bill of health. No matter the travel method, ailments tend to flare up during transit.
- You understand that parasites are very common in puppies, even dormant ones from a recent dewormer treatment may flare-up due to stress or any number of other factors. This is why the administration of dewormers is required as parasites are very common and thrive in every aspect of our environment.
- You understand that a Puppy can be released from a Breeder with a clean bill of health but experience stress when leaving his/her environment, parents and littermates which may trigger the Puppy to experience stress induced traits such as diarrhea, cough, parasite flare-up or more.
- You understand that a Puppy is not potty trained and often spoil themselves in transit without warning. You understand that the Transporter or Airline does not have access to bathe the Puppy in transit. You understand that you will have to give the Puppy a bath with luke-warm water with a small amount of Dawn Dish soap upon arriving home.
- We have your back! You understand we are here to protect your interests along with the welfare of the Puppy. For-Profit Veterinarian Care (defined above) is real and takes place in many neighboring Vet Clinics and Vet Hospitals (not all). Unfortunately there are dishonest people in all walks of life and in all professions. We will work with you to ensure your Veterinarian performs the necessary tests for proper diagnosis, while working to lower any bills in an effort to properly treat the Puppy without 3rd party interests getting in the way.
- You understand that a Puppy may experience a false-positive from a SNAP test upon the initial Veteriniarn checkup as the Puppy just received a Parvovirus innoculation. You understand we require your Veterinarian to administer an IDEXX Parvovirus 2 (CPV-2) RealPCR™ Test-Canine (2649) panel analyzed by an IDEXX laboratory. This exam ensures the proper diagnosis which is stricly enforced to prevent For-Profit Veterinarian Care, reduce Veterinarian Bills and treat the Puppy properly.
14. Cancellation Policies
PetPay reserves the right to cancel, postpone, or reschedule a Transaction at its sole discretion. By entering into this Agreement, Buyer agrees they have taken the time to read and understand all of the Cancellation Policies outlined herein. Buyer understands all sales are final and there are no refunds for any Paid Receipts, for any reason whatsoever, in accordance with the Cancellation Policies defined below. Buyer understands and agrees that strict Cancellation and Refund Request Policies are in place as a Puppy has a limited window of time to find their forever home. The longer a Puppy is offline, the greater the chances the Breeder will be forced to significantly reduce the Puppy’s price, therefore, causing direct damages to the Breeder. Buyer and PetPay agree that any and all Paid Receipts including the Administration Fee is a fair and equitable amount for damages as it would be impossible to compute the exact extent of damages sustained by Breeder as a result of such cancellation. PetPay Fees are non-refundable.
- Cancellation by PetPay Policy: If PetPay cancels a Transaction whereas Buyer is not in Default and not due to Force Majeure, Buyer will be given a full refund.
- Cancellation by PetPay Policy — Buyer In Default: If PetPay cancels a Transaction whereas Buyer is in Default or due to Force Majeure, Buyer will be issued a Payment Voucher at equivalent monetary value of all Paid Receipts less the sum of the Administration fee and PetPay Fees. No refunds or Payment Voucher if cancellation occurs within 72 hours of travel date and Buyer is in Default.
- Cancellation by Breeder Policy: If Breeder cancels a Transaction whereas Buyer is not in Default and not due to Force Majeure, Buyer will be offered a full refund.
- Cancellation by Buyer Policy - How To Cancel Buyer must notify PetPay of cancellation one of two ways: (1) Submit a cancellation request in writing to PetPay via emailing email@example.com or within the message center, or (2) verbally on a recorded line state desire to cancel to a representative of PetPay.
- Default by Buyer Policy and Code of Conduct Default Policy: No Refunds for any reason if a Buyer is found to be in Default. Shall Buyer not be Paid in Full, a Administration Fee of $599.00 will apply, including a Default Penalty fee of 25% or $299.00, whichever is greater. Buyers are expected to maintain a professional level of courtesy and abide by our Code of Conduct Policy. Shall a Buyer Default in part to Code of Conduct violation(s), Breeder has the first right of refusal with regards to any issuance of a Payment Voucher. Breeder shall never be obligated to sell a Puppy now or in the future to any Buyer for whom Defaults due to Code of Conduct Policy violation(s). Shall Breeder opt to decline Buyer a Payment Voucher for a future Puppy Buyer and PetPay agree the total amount of Paid Receipts is a fair and equitable amount for damages as it would be impossible to compute the exact extent of damages sustained by Breeder as a result of such default and subsequent cancellation.
- Cancellation/Refund Request by Buyer Policy — within 3 days of purchase: Until such time Buyer willingly opts to ratify the Agreement by signing the Contract after payment is made, Buyer may cancel for a full refund. Upon Buyer ratifying the Agreement by signing the Contract, Buyer, may cancel the Transaction and receive a Payment Voucher less a Administration Fee of $599.00. Buyer and PetPay agree the Administration Fee is a fair and equitable amount for damages as it would be impossible to compute the exact extent of damages sustained by Breeder as a result of such cancellation.
- Cancellation/Refund Request by Buyer Policy — after 3 days of purchase up to 72 hours of Travel Date: Buyer may cancel and receive a Payment Voucher equivalent to Paid Receipts less a Administration Fee of 25% the Puppy Price, not to be less than $599. Buyer and PetPay agree the total amount of Paid Receipts including the Administration Fee is a fair and equitable amount for damages as it would be impossible to compute the exact extent of damages sustained by Breeder as a result of such cancellation.
- Cancellation/Refund Request by Buyer Policy — within 72 hours of the Travel Date: No Refunds. No Payment Voucher. We are unable to provide refunds within 72 hours of the Travel Date. If you need to cancel for any reason, you will not receive a refund and you will not receive a Payment Voucher. Buyer and PetPay agree the total amount of Paid Receipts is a fair and equitable amount for damages as it would be impossible to compute the exact extent of damages sustained by Breeder as a result of such cancellation.
- Transfer Request by Buyer Policy — prior to ratifying Contract: Until such time Buyer willingly opts to ratify the Agreement by signing the Contract after payment is made, Buyer may transfer to another Puppy without penalty and receive a full refund.
- Transfer Request by Buyer Policy — after ratifying Contract: Not eligible. Buyer must follow Cancellation policies above.
15. Pet Must Be Returned If Buyer Cannot Care for It
In the event Buyer is unable or unwilling to care for the pet at any time during the life of the pet, Buyer agrees to contact PetPay immediately regarding rehoming the pet. If Buyer must return the Puppy for any reason, it will do so on a surrender basis only without any recourse for a refund or credit, and Buyer will be solely responsible for all travel-related costs. Upon any such surrender, Breeder shall use commercially reasonable efforts to find a new home for the pet.
16. No Refunds nor Returns for Monetary Refund
Buyer understands all sales are final and there are no refunds for any Paid Receipts, for any reason whatsoever, in accordance with (1) Section 14. Cancellation Policies defined above, or (2) when a Breeder declines a sale or (3) when PetPay declines a sale or (4) PetPay determines Breeder to be in Default. PetPay Fees are non-refunable. PetPay and the Breeder will NOT accept any returns of the Puppy for monetary refund for any reason whatsoever without limitation including but not limited to allergies, landlord/tenant restrictions, marital issues, loss of job, Puppy adjustment problems, results of dna tests or any other reason whatsoever. Puppies typically need time to adjust to their new home and surroundings. Before deciding your Puppy isn't working out, please reach out to PetPay and/or the Breeder for assistance in figuring out if any discomfort you or your Puppy are having is due to routine adjustment or something else.
17. No Warranties
PetPay disclaims any and all implied warranties of merchantability and fitness. PetPay further disclaims any liability related to the appearance, temperament, personality, size, weight, color, training, compatibility with breed standards or DNA test results of any Puppy. Buyer acknowledges that PetPay makes no representations or warranties other than those specifically set forth herein. Buyer further acknowledges that Breeder makes no representations or warranties as to any other information or documents made available to Buyer and its counsel, accountants and advisors, except as specifically set forth herein.
18. Consent to Receive Phone Calls, Text Messages and Auto-Dialed Calls
By agreeing to this Agreement, you authorize PetPay, its affiliates to deliver to you, at the telephone number supplied by you to PetPay during your purchase, telemarketing calls using an automatic telephone dialing system or an artificial or prerecorded voice. In particular, some of these calls will enable us too, among other things, complete the registration portion of your purchase. You are not required to consent to receive such phone calls or agree to this clause as a condition of purchasing any property, goods, or services. For example, you may still complete your registration at any time by calling the Registrar yourself. Please contact us within 24 hours of the Agreement via email at firstname.lastname@example.org or via the Contact Us link found on the footer of PetPay.com.
19. Code of Conduct Policy
We love our customers, we listen to all feedback and treat every customer like family. Buying a Puppy can be an emotional process for which does require all parties to maintain a level of acceptable behavior. To satisfactorily meet the responsibilities, obligations and expectations from all parties we do require Buyer's abide by our Code of Conduct. You agree to ensure that your conduct, communications and obligations resemble professional courtesy and timeliness that of a responsible adult with regards to our Code of Conduct Policy:
- Repect all parties involved.
- Abide by your Obligations as defined herein and within the Health Guarantee.
- Complete payments on time. Late payments or non-payment are considered liquidated damages as a Puppy has a limited timeframe to find a new home, therefore, the Breeder's expected revenue or funds from the sale and their time stands to be significantly impacted, resulting in unknown damages. A Breeder's damages and/or associated costs are difficult to calculate or to predict, because PetPay nor the Breeder cannot know in advance (1) whether you will pay for the goods or services on a timely basis, if ever; (2) when you will actually pay if you do pay late; and (3) what costs are incurred because of your late payment or non-payment. Therefore, failure to make payments in a timely manner will subject you to Default without recourse.
- Understand a Puppy's best interest and livelihood will always come first with our Puppy First Approach. We do whatever it takes to ensure the well-being of the Puppy is considered above any human's wants, desires, needs, schedules or expectations even if it causes the human to be slightly inconvenienced. This approach applies to all humans: customer, breeder, PetPay representatives, or 3rd party transporters.
- Understand and respect our processes and protocols set in place are intricately defined to ensure the well-being of the Puppy first and foremost.
- Respect the Breeder and PetPay and refrain from addressing any party in a loud, disrespectful, or abusive manner.
- Maintain control of your emotions, avoid the use of abusive language, profanity, threats, and gestures of ill temper, and refrain at all times from making hostile remarks about any party.
- Understand any harrassment, excessive harmful demands or threats to any party during the adoption process will result in Default, therefore, Breach of Contract.
- Understand decisions on the well-being of the Puppy may and oftentimes do impact travel arrangements and such decisions or delays are not grounds for cancellation with recourse.
- Understand that all communications including but not limited to: email, text (sms), phone, video conferencing are recorded and catalogued.
- Understand the process of adopting a Puppy is very fluid and delays may occur for which are not grounds for cancellation with recourse.
- Understand that while you have reserved the Puppy, ownership belongs to the Breeder until you take physical possession of the Puppy. You understand that you are at the mercy of the Breeder and the Breeder's schedule until you take physical ownership.
- Understand that requests for updated photos or videos takes time out of the Breeder's normal day-to-day life. Understand that not all requests will be granted by the Breeder. Approved requests may take up to 10 days. Breeders prefer to take professional pictures and videos which take significant time. Requests for updated photos for videos is not cause for cancellation with recourse.
- Understand that weather and climate plays a critical role in the release of a Puppy during warm or cold seasons.
- Understand that a Puppy can be released from a Breeder with a clean bill of health but experience stress when leaving his/her environment which may trigger the Puppy to have stress induced traits such as diarrhea, cough, parasite flare-up.
- Understand that parasites are very common in puppies and that is why the administration of dewormers is required.
- Understand that infractions to our Code of Conduct Policy will be considered warning signs to the responsible efficacy of pet ownership.
PetPay shall be the determining party with respect to any violation(s) of our Code of Conduct Policy, decisions are final, nor shall any decision be open to interpretation. Violation(s) of our Code of Conduct Policy are considered red flags for the placement and long term well-being of a Puppy. Shall PetPay determine you are in violation of our Code of Conduct Policy you will be (1) in Default without a Curation period and (2) subjected to Cancellation due to Code of Conduct Violation(s) for which does not and will not warrant a refund or Payment Voucher.
PetPay is not responsible for determining, collecting, and remitting any taxes related to payments processed through the Service.
21. Cardholder Data Security
PetPay does not store or receive any sensitive card holder data such as credit card number or cvv. Cardholder data is tokenized by our Payment Gateway partner.
22. Security Interest
Buyer hereby grants Company a security interest in the goods, animals or service delivered apart of the Transaction as well as other assets or rights up to the amount owed by Buyer to Company. Buyer further agrees to execute any documents required to perfect Company’s security interest.
23. No Duress
Buyer agrees and acknowledges that it is freely and voluntarily entering into this Agreement under no pressure or duress of any kind, from any party or person, regardless of whether they are a signatory hereto. Buyer agrees and acknowledges it has been given reasonable opportunity to review it before entering into this Agreement. Buyer further agrees and acknowledges the right to legal counsel review before entering into this Agreement.
If the Transaction contemplated hereby is not consummated because of a material default by Buyer in its obligation to purchase or remain in communication with PetPay or make associated payments or issue a chargeback for the sale of goods, animals, travel and/or services related to the sale/adoption of a pet in accordance with the terms of this Agreement, after PetPay has performed or tendered performance, then, upon written notice from PetPay to Buyer and two (2) days thereafter during which period buyer may cure the default "Curation", (a) this Agreement shall terminate and be subject to Cancellation including a Default Penalty fee of 25% or $299.00, whichever is greater, including a 1.5% compounded interest charge per 21 calendar days computed from the invoice payment date.; (b) the payments made to date by Buyer shall be paid to and retained by PetPay as liquidated damages; (c)The Parties shall have no further obligations to each other, except those which expressly survive the termination of this Agreement; (d) Buyer will be granted a non-transferable Voucher not redeemable for cash or payment credit equal to the total amount of payments made in full to date less any Administration fee and Default Penalty fee of 25% or $299.00, that may only be used towards the purchase of a pet from the same Breeder. Buyer acknowledges that damages in the event of such a breach of this Agreement by Buyer would be difficult or impossible to determine, that the amount of the payments made to date by Buyer represents the parties’ best and most accurate estimate of the damages that would be suffered if the transaction should fail to close and that such estimate is reasonable under the circumstances existing as of the date of this Agreement. Buyer agrees that PetPay's right to retain the payments made shall be the sole remedy, at law and in equity, for Buyer's failure to purchase or make associated payments for the sale of goods, animals, travel and/or services related to the sale/adoption of a pet in accordance with the terms of this Agreement. PetPay hereby waives any right to an action for specific performance of any provisions of this Agreement. Any and all late payment due to Default will result in a 1.5% compounded interest charge per 21 calendar days computed from the invoice payment date.
25. Agreement to Mandatory Individual Arbitration & Class Action Waiver.
PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. INSTEAD OF SUING IN COURT, BUYER AGREES THAT THE EXCLUSIVE MEANS FOR RESOLVING ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, OR BUYER'S INTERACTION WITH OR RELATIONSHIP WITH PETPAY, SHALL BE BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ON AN INDIVIDUAL BASIS. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. BUYER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, BUYER IS WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION OR OTHER CLASS PROCEEDING. THE BUYER FURTHER AGREES TO THE FOLLOWING:
- This agreement to arbitrate is intended to be broadly interpreted, and includes, but is not limited to: (1) disputes and claims arising out of, or relating to any aspect of the relationship between Buyer and PetPay, whether based in breach of contract, breach of any guarantees or warranties, tort, statute, fraud, misrepresentation or any other legal theory; (2) claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising); (3) claims that may arise after the termination of Buyer's relationship with PetPay; and (4) claims that are currently the subject of purported class action litigation in which Buyer is not a member of a certified class.
- Buyer and PetPay hereby agree that the Federal Arbitration Act ("FAA") applies to any arbitration, and governs all questions of whether a dispute is subject to arbitration. Unless Buyer and PetPay agree otherwise in writing, arbitration shall be: (i) administered by the American Arbitration Association ("AAA"), pursuant to the Consumer Arbitration Rules then in effect (the "AAA's Rules"); and (ii) conducted by a single arbitrator who is licensed to practice law. The AAA's Rules can be found at www.adr.org.
- THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, BUYER AND PETPAY ARE ENTITLED TO PURSUE ARBITRATION ONLY ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS BUYER AND PETPAY AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY'S CLAIMS WITH ANY OTHER PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
- Buyer and PetPay each are responsible for their respective costs relating to counsel, experts and witnesses. Shall judgement rule in the favor of PetPay, Buyer agrees to pay respective costs accrued by PetPay relating to court costs, counsel, experts and witnesses.
- This arbitration agreement does not preclude the Buyer or PetPay from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief on a party's behalf. In addition, and notwithstanding the other provisions of this arbitration agreement, either party may bring an individual action in small claims or magistrate court.
- If Buyer or PetPay fails to comply with this arbitration provision, said breaching party shall be liable for the costs and attorneys' fees incurred by the other party in enforcing compliance with the arbitration agreement.
- Unless the AAA arbitrator rules otherwise, all claims or counterclaims shall be resolved by the submission of documents only / desk arbitration (see R-29 of the AAA's Rules). Any party, however, may ask for a hearing. The arbitrator also may decide that a face-to-face hearing is necessary. Any hearing, however, that is not held by telephone, shall take place in Berkeley County, South Carolina, unless the AAA arbitrator decides otherwise.
- Small Claims (Magistrate) Option: You may also litigate any dispute in Magistrate Court in Berkeley County in the State of South Carolina if your claim meets all requirements to be heard in the court. You can learn more about the Magistrate Court in the County of Berkeley by here: https://berkeleycountysc.gov/dept/magistrates/. However, if you initiate a Magistrate case, you are responsible for all your court costs.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against PetPay (except for small-claims court actions) may be commenced only in the federal or state courts located in Berkeley County, South Carolina. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
26. Force Majeure – Definition and Impact
PetPay will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance, underperformance, or nonperformance of any of its obligations under this agreement to the extent that any such delay, underperformance, or nonperformance is due to any Force Majeure. "Force Majeure" means any circumstances beyond our reasonable control including but not limited to, acts of God or nature, war, curtailment or interruption of transportation facilities, strikes and/or labor disputes or the imminent threat thereof, threats or acts of terrorism or similar acts, disease, quarantine, global health emergencies, viruses, epidemics, pandemics, travel restrictions or limitations or cancellations, veterinarian appointments, non-passing veterinarian health check-up imposing delays, government or regulatory actions, significant change in economic conditions, mandatory office and business closures, full and partial lockdowns of cities, towns and other areas, governmental or international agency travel advisory or warning, corporate travel restrictions, widespread public fear and panic that impacts travel, civil disturbance, 3rd party partner's cancellation or inability or refusal to fulfill service as agreed to with PetPay, or any other event or circumstances beyond PetPay's control, whether similar or dissimilar, which, in PetPay's reasonable and sole judgment, would tend to make it commercially impracticable (from a safety, health, logistical, economic, or financial standpoint), inadvisable, difficult or onerous, illegal or impossible for PetPay or its partners to perform their obligations under this agreement or have a significant adverse impact on PetPay.
27. Choice of Law
The Agreement, and any claim, controversy or dispute arising under or related to the Agreement, the relationship of the parties, and/or the interpretation and enforcement of the rights and duties of the parties, shall be governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to its conflict of law provisions that would cause the application of the laws of any other jurisdiction.
If any provision, or provisions, of this Agreement is held to be illegal, invalid or unenforceable under applicable law by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall continue in full force and effect and shall not in any way be affected or impaired thereby.
29. Electronic Signature Disclosure and Consent
By accepting this Agreement, you consent and agree that your use of a key pad, track pad, mouse or other device to select an item, button, icon or similar act/action while using any electronic service PetPay offers; or in accessing or making any transactions regarding any document, agreement, acknowledgement, consent, term, disclosure, or condition constitutes your signature, acceptance and agreement as if actually signed by you in writing and is the legal equivalent of your manual signature. Further, you agree that no certification authority or other third party verification is necessary to validate your electronic signature; and that the lack of such certification or third party verification will not in any way affect the enforceability of your signature or resulting contract. You understand and agree that the Electronic Signature executed in conjunction with the electronic submission of any contract, application or document will be legally binding and such transaction will be considered authorized by you.
30. Entire Agreement
This Agreement represents the entire agreement between the Parties and no other terms or conditions shall be applicable to this sale.