Terms of service
TERMS OF PURCHASE
These terms of purchase (“Terms”) apply between you and The VIVUS PETS Inc. (“VIVUS PETS”) when you submit an order to purchase the products selected on the Checkout web page (the “Order Form”) of our e-commerce store located at https://www.vivuspets.com/collections/all (the “Site”). Your completed Order Form and these Terms are the “Agreement”, including your agreement (if any) to subscribe to a chosen subscription plan. Review the Agreement carefully before you make your purchase. In this Agreement, “you”, “your” refers to you as purchaser and “we”, “our”, “us” refers to VIVUS PETS.
Order Acceptance. You agree that your order is an offer to buy, under the Agreement, all products and services listed in your Order Form. All orders are subject to acceptance by us: if we do not accept your Order Form, we are not obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion. After we have accepted your order, we will send you confirmation of our acceptance (“Acceptance”) and a copy of the Agreement.
Ordering Products; Pricing. You may purchase individual or multiple products on our Site. You may also sign up for a Subscription Plan (as defined and described in more detail below). The price of products, services and delivery charges are set out in the Order Form and are subject to change upon notice to you, but no changes will apply where we have provided an Acceptance. We are not responsible for pricing or typographical errors on the Site and reserve the right to not accept or cancel any orders with such errors. Prices include applicable taxes.
Shipping. Wherever possible, we ship by ground service through our carrier. Expected processing times are from 3-10 business days. If you require special services or arrangements, please contact us and place the order through firstname.lastname@example.org. Orders over CAD $75.00 (after discounts and before taxes) qualify for free shipping within Canada. Orders over CAD $100.00 (after discounts and before taxes) qualify for free shipping within the United States of America. Shipping costs for orders under CAD$75.00 (Canada), CAD$100.00 (USA) and international orders will vary based on product weight, units, and shipping location.
Subscription Plan; Subscription Plan Cancellation. You may sign up for automatic shipments (a “Subscription Plan”) on either a 30, 60 or 90 day recurring schedule and get a discount on each shipment (versus if you were to order and pay for each shipment individually. The Subscription Plan will automatically renew for the 30, 60 or 90 day term you have chosen (“Automatic Renewal Term”) up to a maximum period of 12 months unless and until your Subscription Plan is cancelled. If your Subscription Plan is not cancelled, it will automatically expire 12 months following the date on which you received Acceptance. You may cancel your Subscription Plan at any time; provided that we have to receive your notice to cancel at least 3 days before your next shipment/billing date under your Subscription Plan, otherwise your credit card will be charged for and you will receive your next shipment (and your Subscription Plan will be cancelled following that shipment). To cancel your Subscription Plan, log on to your VIVUS PETS account on the Site or email our Customer Service team at email@example.com.
Resubscribing after Cancellation of Subscription Plan. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate your Subscription Plan.
Payment. By entering into this Agreement, you acknowledge that, if you sign up for a Subscription Plan, you accept responsibility for all recurring charges prior to cancellation of your Subscription Plan. Payment shall be made by credit card as set out on the Order Form. You represent and warrant that the payment information you provide to us is true, correct and complete and that you are authorized to use the credit card you provide for payment. You further accept that VIVUS PETS or its agent is authorized to charge you for purchases made on the Site. If you have signed up for a Subscription Plan, VIVUS PETS or its agent may submit recurrent charges (with the frequency based on the chosen plan’s schedule) without further authorization from you, until you cancel your Subscription Plan as provided in this Agreement or change your payment method. Such notices will not affect charges submitted before VIVUS PETS or its agent can reasonably act. To cancel your Subscription Plan or change your payment method, log on to your VIVUS PETS account on the Site or email our Customer Service team at firstname.lastname@example.org.
Warranty. We warrant that any product purchased from us will, on delivery, match with the description that we have provided on our Site, be of merchantable quality and fit for its intended use. Our sole responsibility for a product that does not meet this warranty is to replace the product at no cost to you or refund the applicable charges for the product (delivery charges are non-refundable).
THE REMEDIES SET OUT ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. OUR LIABILITY WILL, UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR WILL WE BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.