Terms of service

TERMS OF SERVICE

Last Updated: 30/10/2023

OVERVIEW

This website is operated by Pet Powered Life. Throughout the site, the terms “we”, “us” and “our” refer to Pet Powered Life. Pet Powered Life offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 - ONLINE STORE TERMS

We don’t sell products for purchase by children. If you are under 18 you may only use Pet Powered life with the involvement of a guardian or parent.  If you are using our services on behalf of an organisation or other entity then you certify that you are legally authorised and permitted to bind said organisation or other entity to this agreement.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

We communicate with you electronically in a number of ways like e-mail and through communications on the website. You agree that all agreements, notices, disclosures and other communications we provide electronically, including sales invoices, satisfy any legal requirement that such communications be in writing except where mandatory applicable law requires a different form of communication.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.  You may not utilise any data mining, robots or similar data gathering tools to extract for re-use any substantial parts of the Service without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice, at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

With the exception of the product warranty in section 6 below, we do not warrant that the quality of any Services, information, products or other material purchased or obtained by you will meet your expectations, that the Service will be secure or available at particular time or location, that any errors will be corrected, that the Service will be free of viruses or other harmful material, of that the service will meet your expectations.  Use of the service is solely at your own risk.

Due to the custom nature of each product ordered (made/printed on demand to your specification when you order), we do not refund orders for buyer’s remorse, and we do not offer size exchanges.  

 

SECTION 6 - LIMITED WARRANTY ON PRODUCTS

(Does not apply to EEA or UK customers; see section 7)

Limited Warranty.  We warrant that, at the time of delivery of a Product, the Product will not be materially defective or damaged (the “Limited Warranty”). This Limited Warranty applies to the original customer; all Limited Warranty coverage terminates if the product is resold or otherwise transferred after initial purchase.

What Does This Warranty Not Cover?  This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty.  This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse.  

Finally, as noted elsewhere in this Agreement, we unfortunately cannot guarantee that the colours and details in our website images are 100% accurate representations of a Product, sizes might in some cases be approximate, and it is possible that product packaging and materials may vary slightly from that which are presented on this site.  Accordingly, this Limited Warranty does not cover such matters.  

What Is The Period Of Coverage?  This limited warranty starts on the date of the delivery of the Product to the User or the Merchant’s Customer and lasts for thirty (30) days (the “Warranty Period”). Please note that we require notification of warranty breaches within 21 days of delivery, to facilitate raising relevant issues with our fulfilment partners within warranty period. To avoid unnecessary expense or claims that cannot be processed, notifications must be raised using our refunds process. For the avoidance of doubt, Pet Powered Life acknowledges that according to some jurisdictions the User may be entitled to a longer Warranty Period.

What Are Your Remedies Under This Warranty?  With respect to any materially defective or damaged Product, we will communicate with our fulfilment partner to reach a remedy which would, in our sole discretion, be to either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by the Customer along with the shipping fees corresponding to the defective or damaged Products. 

How Do You Obtain Warranty Service?  Promptly following delivery of a Product, you will inspect the Product.  If a Product is materially defective (including any error by Pet Powered Life’s partner in printing) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our refund policy. 

LIMITATION OF LIABILITY.  THE REMEDIES DESCRIBED IN THIS SECTION 6 ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7 - YOUR RIGHTS IN THE CASE OF LACK OF CONFORMITY (in the European Economic Area or the United Kingdom)

If you are a User residing in the European Economic Area or the United Kingdom, the legal guarantees established by Directive 1999/44/EC on consumer sales and guarantees or similar consumer contracts regulations apply to the sale of our products. Consequently, you have the right, free of charge, to get the products repaired (or replaced) within the limits provided by the law, or, in case of failure of one of the remedies above to have an appropriate reduction in the price of the products, or the contract cancelled. Delivery costs for returning the product to be repaired or replaced under this clause shall be borne by Pet Powered Life, as well as any costs related to the delivery to you of the repaired or replaced product.  Any such claims must be raised using our refunds policy.

lease note that our products are made on demand to your chosen specification (breed/colour/size and such) when you order.  Due to the personalised nature of the products, you do not have the right to return the item due to having changed your mind (buyer’s remorse / right to cancel) or to exchange items based on sizes.

 

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, delivery address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

 

SECTION 9 – DESCRIPTION OF PRODUCTS

We try to represent designs/products as accurately as possible on our site but unfortunately cannot guarantee that colours and details in website images, and details in descriptions, are 100% accurate representations of the product.  Sizes might in some cases be approximate.

Pet Powered Life work together with our fulfilment partner to deliver quality products.  While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. The information on our site is presented for information purposes only.

Please carefully read labels, warning and directions provided with product before use.

SECTION 10 - SHIPPING

It is really important that you provide correct details when placing an order (name of recipient, delivery address postal/zip code, email address, sizes and any other details requested at checkout).

Once you've placed your order we will ask our partner to fulfil it using the details you've provided, and it may not be possible to edit any of those details once your order is placed. If you need any change made then let us know and we will try on a case-by-case basis, but we are not bound to make any such modifications to an order, nor can we guarantee that we’d be able to make any changes after you’ve placed the order.

Pet Powered Life will not be responsible for missed delivery because of a wrong or misspelled recipient name, delivery address or an incorrect or unreachable phone number.

We may ship parts of an order separately. Estimated delivery dates on the site are just estimates and products can be delivered before or after the estimated dates.   We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility for Products that are not delivered on the estimated delivery date.

The risk of loss, of damage to and title for Products pass to you when our fulfilment partner delivers the Product to the carrier (this moment of risk transfer may vary for EEA countries).  It is important that you examine Products carefully upon delivery and notify us - using our refund process - as soon as possible and within 21 days of delivery in order to allow us time to discuss a resolution with our fulfilment partner.  We cannot guarantee delivery to P.O. Boxes.

If carrier tracking indicates that a Product was lost in transit you need to inform us within 21 days of estimated delivery date via our refund process (https://petpoweredlife.com/policies/refund-policy) and we will request a replacement or refund, at our sole discretion, be implemented by our fulfilment partner. 

If carrier tracking shows a shipment has been delivered, but you have not received it, it will be your responsibility to check with the carrier for further details of the delivery and if necessary, file a claim with the carrier for lost shipment.  We cannot replace or refund in these cases.

SECTION 11 - CUSTOMS

Our fulfilment partner has fulfilment facilities worldwide which enables us to pursue our goal of local fulfilment rather than international shipping, for most of our customers.  Each product description includes an estimate of whether the product will be shipped local to your country of residence.  This is just an estimate based on the country/region of your residence which you select on first accessing the site. 

If you place an order that would trigger international shipping, we will inform you via email so that you can decide whether to accept import duties and taxes or to cancel the order.  If we get no reply within 30 days to this or other requests for information from you, we reserve the right to cancel the order.

Please be aware that if an order is shipped internationally you may be subject to longer shipping period, unpredictable delays, import duties and taxes levied once the package reaches its destination.  Any such additional charges must be borne by you.  We have no knowledge or control of such charges, they vary widely from country to country, so it is your responsibility to establish what charges may be applied by contacting your local customs office.  Where goods are shipped internationally, the customer is considered the importer of record and hence responsible for ensuring compliance with relevant laws and regulations of the appropriate country.  Please note that any package going through customs may be opened and inspected by customs staff.

 

SECTION 12 - OPTIONAL TOOLS

We may provide you with access to third-party tools which we neither monitor nor have any control over.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

 

SECTION 13 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 14 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or which violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 15 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see click here

 

SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 17 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Pet Powered Life, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Pet Powered Life and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 20 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 21 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 22 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 23 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.

Site Policies shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.

 

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@petpoweredlife.com.

 

Our contact information is posted below:

Pet Powered Life

support@petpoweredlife.com

Pet Powered life

PO Box 955

NEWPORT

NP20 9RG