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 ("Merchant", "Breeder", "Seller") use PetPay, Inc. ("Company", "PetPay", "Pawrade", "we," "our" or "us") to facilitate marketing and the associated payments for sale of goods, animals, travel and services related to the sale/adoption of pets ("Service"). The Buyer ("user", "you" or "your") uses the Service of the Company on behalf of a Seller 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 Seller. 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 Seller's 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, Merchant: Person or business listing or selling a good, animal or service.
Transaction: Any part of the sale of a good, animal or service. Including:
- Purchase: A Buyer paying for the good, animal or service listed on PetPay.com, NextDayPets.com or Pawrade.com,
- Fulfillment: The Seller delivers said good, animal or service according to PetPay requirements and individual Seller policies.
- Settlement/Merchant Settlement: Following order confirmation and instructions. Seller receives funds for the sale after funds have cleared and vetted by PetPay within 48 hours of delivery.
- 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 and/or Seller to facilitate you receiving money as well as preventing fraud and non-compliance.
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 representations, warranties, covenants, agreements or guarantees including, without limitation, those relating to disposition, conformation, results of DNA testing, size, weight, color or markings of the puppy.
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. The pet's required food brand is found on the NextDayPets.com puppy listing as part of your PetPay transaction.
Shall the pet come with a Microchip as defined within the NextDayPets.com puppy listing and part of the PetPay transaction the Buyer agrees to register the pets Microchip prior to delivery. Failure to register the pet prior to delivery will result in delays or cancellation. Buyer must provide breeder the Microchip registration number. Breeder will not release the puppy for delivery 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 and/or the Seller 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 Seller and not PetPay. PetPay affords every commercially reasonable effort to its Sellers 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 AAHA standards to prevent diseases and internal parasites including but not limited to: Canine distemper, Leptospirosis, Bordatella, Parainfluenza, Hepatitis, Canine Parvovirus, Rabies (provided the dog is over three months of age and the inoculation is administered by a licensed veterinarian), Roundworms and Hookworms.
- 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 Sellers administer Albon for each of the three days prior to shipping.
- To help prevent hypoglycemia in small breeds, Sellers 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, Seller 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 Seller until it is at least 8 weeks old. No puppy weighing less than two pounds shall be released by Seller 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 by PetPay and/or its affiliated Sellers, Breeders 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.
Until such time as Buyer has received confirmation from PetPay or the puppy's Breeder about the date upon which the puppy will be delivered, Buyer may cancel purchase of the puppy by notifying PetPay in writing. In the event Buyer cancels the purchase, Buyer understands and agrees that a cancellation fee of $199.00 will be assessed by PetPay if the puppy hasn't been paid in full. Buyer further understands all sales are final and there are no refunds for any invoices already paid. Buyer and PetPay agree that this amount is a fair and equitable amount for damages as it would be impossible to compute the exact extent of damages sustained by Seller and/or PetPay as a result of such cancellation. Changes in travel and/or delivery arrangements or the inability to attain financing do not warrant a breach of contract or valid reason for cancellation without recourse. Cancellation fee will be charged to the payment method on file and Buyer agrees to such charge as fair, equitable, valid and in full force for executing a sale cancellation.
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 Seller's account and releases such funds at PetPay's discretion. Transactions are between Merchants and persons who pay them Buyers. PetPay is not a party to transactions between the Buyer and Seller.
Binding Sale: All sales are binding. The Seller 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 meet the terms of the seller's policies, 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. Sellers must decline or accept the proposed buyer transaction. Transactions become binding sales upon the Sellers acceptance of Buyer's initial deposit transaction and payment or the transaction clears authorization and funds are captured and/or settled.
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. 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.
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 and/or Breeder 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, PetPay and/or the Breeder shall use commercially reasonable efforts to find a new home for the pet.
16. No Refunds nor Returns for Monetary Refund
No Refunds for any reason with the exception of when a Seller or PetPay decline a sale or PetPay finds the Seller in default. PetPay and the Seller 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 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 via PetPay Conversations 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 and/or the Seller disclaims any and all implied warranties of merchantability and fitness. PetPay and/or the Seller further specifically 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 and/or Seller makes no representations or warranties other than those specifically set forth herein. Buyer further acknowledges that Seller 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 email@example.com or via the Contact Us link found on the footer of PetPay.com.
PetPay is not responsible for determining, collecting, and remitting any taxes related to payments processed through the Service.
20. 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.
21. 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.
22. 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 and/or Seller 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, after PetPay and/or Seller has performed or tendered performance, then, upon written notice from PetPay and/or Seller to Buyer and two (2) days thereafter during which period buyer may cure the default, (a) this Agreement shall terminate and be subject to Cancellation; (b) the payments made to date by Buyer shall be paid to and retained by PetPay and/or Seller as liquidated damages; (c) PetPay and/or Seller and Buyer 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 Cancellation fee, that may only be used towards the purchase of a pet from the same Seller. Buyer and PetPay and/or Seller acknowledge that the damages to PetPay and/or Seller 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 by PetPay and/or Seller if the transaction should fail to close and that such estimate is reasonable under the circumstances existing as of the date of this Agreement and under the circumstances that PetPay and/or Seller and Buyer reasonably anticipate would exist at the time of such breach. Buyer and PetPay and/or Seller agree that PetPay and/or Seller's right to retain the payments made to date by Buyer shall be PetPay and/or Seller's 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 and/or Seller hereby waives any right to an action for specific performance of any provisions of this Agreement.
24. 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 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 Anne Arundel County, Maryland, unless the AAA arbitrator decides otherwise.
- Small Claims Option: You may also litigate any dispute in Small Claims Court in Anne Arundel County in the State of Maryland if your claim meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Anne Arundel by here: https://mdcourts.gov/legalhelp/smallclaims. However, if you initiate a Small Claims 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 Anne Arundel County, Maryland. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
25. 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 Maryland, 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.
27. 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 between you and PetPay or you and Seller. 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.
28. Entire Agreement
This Agreement represents the entire agreement between the Parties and no other terms or conditions shall be applicable to this sale.