Terms & Conditions
Terms & Conditions
Last updated: June 30, 2018
Each item in your order is sold by K9 Ballistics, LLC ("K9 Dog Beds") or the merchant that the item is specified as sold by ("Merchant").
Those items for shipment to countries outside of the U.S. may be subject to taxes, customs duties and fees levied by the destination country ("Import Fees"). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees.
With respect to each item for which Import Fees have been calculated, you authorize k9dogbeds.com and k9ballistics.com Export or Merchant (as applicable) to designate a carrier ("Designated Carrier") to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, process and remit your actual Import Fees for such item.
"Import Fees Deposit" represents an estimate of the Import Fees that will be levied on the items in your order for shipment to countries outside of the U.S. By placing your order, you agree to allow K9dogbeds.com and k9ballistics.com Export and/or Merchant (as applicable) to collect the Import Fees Deposit for the applicable items in your order. This deposit will be used, on your behalf, to reimburse the Designated Carriers for the import fees that they have paid on your behalf to the appropriate authorities of the destination country.
You further agree that the Designated Carriers may disclose to K9dogbeds.com and k9ballistics.com Export or Merchant (as applicable) the amount of actual Import Fees levied on the item you have purchased from K9dogbeds.com and k9ballistics.com Export and/or Merchant ("Actual Import Fees"). In the event that the Import Fees Deposit exceeds the Actual Import Fees, K9dogbeds.com and k9ballistics.com Export or Merchant (as applicable) will refund the difference to you.
In the case of gifts or other purchases made on behalf of another recipient, you also agree to grant the foregoing authorizations on behalf of the recipient designated in your order.
To obtain details regarding the Actual Import Fees, or to obtain documentation or receipts in connection with customs clearance, you may contact the Designated Carrier specified in your shipment confirmation.
These terms and conditions are in addition to the standard Conditions of Use of the K9 Dog Beds website. Pursuant to those terms, title and risk of loss for the items transfer to the recipient upon delivery to the common carrier in the United States.
Please note that Merchants participating in the International Direct program may have policies that differ from K9 Dog Beds Export's terms and conditions. For items you have purchased from a Merchant, please see the applicable Merchant's policies for any other terms and conditions that may apply to your purchase of such items.
For products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from k9dogbeds.com, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
Your privacy is important to us, and we know that you care about how information about your order is used and shared. We would like our international customers and customers shipping products internationally to be aware that cross-border shipments are subject to opening and inspection by customs and/or postal authorities.
Also, we may provide certain order, shipment, and product information, such as titles, to our international carriers, and such information may be communicated by the carriers to customs and/or postal authorities in order to facilitate customs clearance and comply with local laws.
If the order is a gift, the package is marked "Gift," but the cost of the item is still stated on the customs form.
Customs authorities require the value of the gift item to be stated directly on the package.
Conditions of Use
Last updated: June 30, 2018
Welcome to k9dogbeds.com and k9ballistics.com K9 Ballistics, LLC and/or its affiliates ("K9 Dog Beds") provide website features and other products and services to you when you visit or shop at k9dogbeds.com and k9ballistics.com, use K9 Dog Beds and K9 Ballistics products or services, use K9 Dog Beds and K9 Ballistics applications for mobile, or use software provided by K9 Dog Beds in connection with any of the foregoing (collectively, "K9 Dog Beds"). K9 Dog Beds provides the K9 Dog Beds and K9 Ballistics Services subject to the following conditions.
By using K9 Dog Beds and K9 Ballistics Services, you agree to these conditions. Please read them carefully.
We offer a wide range of K9 Dog Bed and K9 Ballistics Services, and sometimes-additional terms may apply. When you use K9 Dog Beds or K9 Ballistics Service (for example, newsletter, profiles, ordering confirmation, reviews, social media, sharing K9 Dog Beds and K9 Ballistics products online in anyway, reviews or emails) you also will be subject to the guidelines, terms and agreements applicable to that K9 Dog Beds and K9 Ballistics Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of K9 Dog Beds and K9 Ballistics Services, to understand our practices.
When you use K9 Dog Beds and K9 Ballistics Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other K9 Dog Beds and K9 Ballistics Services, such as our Customer Care Team, Social Media and Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages (IE Cookies). To the extent you voluntarily opt to have Text notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages. For more information about text messages, see our Terms and Conditions. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators and providers of the Text Message services.
All content included in or made available through any K9 Dog Beds and K9 Ballistics Service, such as text, graphics, logos, button icons, images, product designs, product names, navigation names, audio clips, digital downloads, data compilations, and software is the property of K9 Dog Beds and K9 Ballistics or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any K9 Dog Beds and K9 Ballistics Service is the exclusive property of K9 Dog Beds and K9 Ballistics and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, navigation design, advertising, branding, messaging and service names included in or made available through any K9 Dog Beds and K9 Ballistics Service are trademarks or trade dress of K9 Dog Beds and K9 Ballistics in the U.S. and other countries. K9 Dog Beds and K9 Ballistics’ trademarks and trade dress may not be used in connection with any product or service that is not K9 Dog Beds and K9 Ballistics’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits K9 Dog Beds and K9 Ballistics. All other trademarks not owned by K9 Dog Beds and K9 Ballistics that appear in any K9 Dog Beds and K9 Ballistics Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by K9 Dog Beds and K9 Ballistics.
One or more patents owned by K9 Dog Beds and K9 Ballistics apply to the K9 Dog Beds and K9 Ballistics Services and to the features and services accessible via the K9 Dog Beds and K9 Ballistics Services. Portions of the K9 Dog Beds and K9 Ballistics Services operate under license of one or more patents.
License and Access
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, K9 Dog Beds and K9 Ballistics or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the K9 Dog Beds and K9 Ballistics Services. This license does not include any resale or commercial use of any K9 Dog Beds and K9 Ballistics Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any K9 Dog Beds and K9 Ballistics Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by K9 Dog Beds and K9 Ballistics or its licensors, suppliers, publishers, rights holders, or other content providers. No K9 Dog Beds and K9 Ballistics Service, nor any part of any K9 Dog Beds and K9 Ballistics Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of K9 Dog Beds and K9 Ballistics. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of K9 Dog Beds and K9 Ballistics without express written consent. You may not use any meta tags or any other "hidden text" utilizing K9 Dog Beds and K9 Ballistics’ name or trademarks without the express written consent of K9 Dog Beds and K9 Ballistics. You may not misuse the K9 Dog Beds and K9 Ballistics Services. You may use the K9 Dog Beds and K9 Ballistics Services only as permitted by law. The licenses granted by K9 Dog Beds and K9 Ballistics terminate if you do not comply with these Conditions of Use or any Service Terms.
Your Orders, Accounts and Subscriptions
You may need your own K9 Dog Beds and K9 Ballistics account, order number and newsletter subscription to use certain K9 Dog Beds and K9 Ballistics Products and Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. K9 Dog Beds and K9 Ballistics does sell products for children, but it sells them to adults, who can purchase with a credit card or, other permitted payment method. If you are under 18, you may use the K9 Dog Beds and K9 Ballistics Services only with involvement of a parent or guardian.
Reviews, Comments, Communications and Other Content
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. K9 Dog Beds and K9 Ballistics reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant K9 Dog Beds and K9 Ballistics a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant K9dogbeds.com and k9ballistics.com and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify K9 Dog Beds and K9 Ballistics for all claims resulting from content you supply. K9 Dog Beds and K9 Ballistics have the right but not the obligation to monitor and edit or remove any activity or content. K9 Dog Beds and K9 Ballistics takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
All purchases of physical items from K9 Dog Beds and K9 Ballistics are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Returns, Refunds and Title
K9 Dog Beds and K9 Ballistics do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, K9 Dog Beds and K9 Ballistics do not take title to the refunded item. For more information about our returns and refunds, please see contact our Customer Care Team.
K9 Dog Beds and K9 Ballistics attempts to be as accurate as possible. However, K9 Dog Beds and K9 Ballistics does not warrant that product descriptions or other content of any K9 Dog Beds and K9 Ballistics Service is accurate, complete, reliable, current, or error-free. If a product offered by K9 Dog Beds and K9 Ballistics itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by K9 Dog Beds and K9 Ballistics.
With respect to items sold by K9 Dog Beds and K9 Ballistics, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of our items in on our website may be mispriced. If the correct price of an item sold by K9 Dog Beds and K9 Ballistics is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card until after your order has entered the shipping process. We may at times put through a pre-authorization charge. We also may at times charge your card at the time the purchase is made.
At times k9dogbeds.com and k9ballistics.com may offer Free Shipping on orders. When Free Shipping is offered it is only for the contiguous United States. Free Shipping does not apply to Alaska, Hawaii, Puerto Rico, US Virgin Islands or any other US Territory that is not named as one of the “50 States”. Expedited, two-day or special carrier shipping and insurance does not apply to Free Shipping offers. Returns are not subject to free shipping. Consumer must pay all return shipping charges and fees.
Shipping Outside of the Contiguous United States
At the sole discretion of k9dogbeds.com and k9ballistics.com and the Customer Care Team we may offer shipping outside of the contiguous United States. This is evaluated on a case-by-case basis. Free Shipping is not provided in these cases. If a consumer desires to have a product shipped outside of the contiguous United States they must pay all shipping, insurance, taxes and export/import fees based on the total retail value of the product as indicated on k9dogbeds.com and k9ballistics.com. No products will be designated as gifts. All shipping fees must be paid in advance by the customer. Any return shipping fees will be the responsibility of the customer. There is no guarantee on the time it will take to receive the product. Customers are advised to request a tracking number that they can use to track their shipment via the third-party carrier that is designated for their shipment.
Permissions For Apps
When you use apps created by K9 Dog Beds and K9 Ballistics, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. Please review to the websites of your mobile device manufacturers for information pertaining to this topic.
Sanctions and Export Policies
You may not use any K9 Dog Beds and K9 Ballistics Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using K9 Dog Beds and K9 Ballistics Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
Parties other than K9 Dog Beds and K9 Ballistics operate stores, provide services or software, or sell product lines through the K9dogbeds.com and k9ballistics.com Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from K9 Dog Beds and K9 Ballistics. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). K9 Dog Beds and K9 Ballistics does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
THE K9 DOG BEDS AND K9 BALLISTICS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE K9 DOG BEDS AND K9 BALLISTICS PRODUCTS AND SERVICES ARE PROVIDED BY K9 DOG BEDS AND K9 BALLISTICS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. K9 DOG BEDS AND K9 BALLISTICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE K9 DOG BEDS AND K9 BALLISTICS PRODUCTS AND SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, FABRIC, CLOSURES, TRIM) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE K9 DOG BEDS AND K9 BALLISTICS PRODUCTS AND SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE AND YOUR DOG’S USE OF THE K9 DOG BEDS AND K9 BALLISTICS PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, K9 DOG BEDS AND K9 BALLISTICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. K9 DOG BEDS AND K9 BALLISTICS DOES NOT WARRANT THAT THE K9 DOG BEDS AND K9 BALLISTICS PRODUCTS AND SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE K9 DOG BEDS AND K9 BALLISTICS SERVICES AND PRODUCTS, K9 DOG BEDS AND K9 BALLISTICS’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM K9 DOG BEDS AND K9 BALLISTICS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, K9 DOG BEDS AND K9 BALLISTICS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY K9 DOG BEDS AND K9 BALLISTICS SERVICE OR PRODUCT, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY K9 DOG BEDS AND K9 BALLISTICS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any K9 Dog Beds and K9 Ballistics Product or Service, or to any products or services sold or distributed by K9 Dog Beds and K9 Ballistics or through k9dogbeds.com or k9ballistics.com shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
The Federal Arbitration Act and federal arbitration law apply to this agreement. Any arbitration proceeding shall be held exclusively within the State of California, County of Ventura. Any small claims lawsuit shall be brought exclusively in the courts located within the State of California, County of Ventura.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
We each agree that any dispute resolution proceedings (whether arbitration or
small claims lawsuits) will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in small claims court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any K9 Dog Beds and K9 Ballistics Product or Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and K9 Dog Beds and K9 Ballistics.
Site Policies, Modifications, and Severability
Please review our other policies posted on this site. These policies also govern your use of K9 Dog Beds and K9 Ballistics Product or Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
K9 Ballistics Inc. (“K9 Ballistics”) reaches out to social media users to seek their permission to feature our favorite content on our various sites, social channels, and various promotional materials. You are reading this because K9 Ballistics has requested your permission to use your social media content in this way.
USER CONTENT LICENSE
You hereby grant to K9 Ballistics and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.
You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.
You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.
The Licensed Parties reserve the right to remove any User Content from the Site and the K9 Ballistics Properties. If you believe any content, including User Content, residing on the Site or on the K9 Ballistics Properties or displayed or used in connection with the K9 Ballistics Services infringes any person’s or entity’s copyright rights, please refer to the K9 Ballistics Copyright Policy https://k9ballistics.com/pages/terms-of-use.
You certify that you are at least 18 years of age.
INTELLECTUAL PROPERTY RIGHTS
The Site, K9 Ballistics Services or K9 Ballistics Properties may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of K9 Ballistics by authorizing use of your User Content or otherwise using or accessing the Site, the K9 Ballistics Services or the K9 Ballistics Properties.
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