Last updated: November 6, 2023
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 12 and 13). PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
The website www.thepetlabco.ca (“Website”) is operated by PetLab GroupLTD, a company registered in England with company number 12763330 and registered office at 31-32 Prescott Street, London, E1 8BB(“PetLab”). All references to “we,” “us”, “our”, or this “Website” means PetLab and this website business. PetLab offers this Website, including all information, tools, products, and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
You can review the most current version of the Terms at any time on this page https://www.thepetlabco.ca/pages/terms-conditions/. We reserve the right to update, change, or replace any part of these Terms 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 binding acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.In order to make payment, you will need to provide your payment card details to Shopify Inc, who hosts our online store. We do not hold any payment card information. Please see Shopfiy’s website policies, including its privacy statement https://www.shopify.com/legal/privacy, for further information.
Table of Contents:
SECTION 1 - WEBSITE USE
By using the Website and agreeing to these Terms, you represent that you are at least 18. If you use the Website, you are affirming that you have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 - GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All aspects of our Website are protected by applicable copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act, and in such circumstances we reserve the right to refuse access to the Website, terminate accounts or edit content which breaches applicable law or these terms and conditions.
If you create an account on our Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and all activities that occur under your account or password are your responsibility. Please contact us immediately if you believe that your password is being used in an unauthorized manner by a third party.
SECTION 3 - PERSONAL INFORMATION
SECTION 4 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
While we endeavor to provide accurate and current information on our Website, there may be information on our Website 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 on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
The material on the Website is provided as general information only. This Website 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 Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
SECTION 5 - MODIFICATIONS TO THE WEBSITE AND PRICES
We reserve the right at any time to modify or discontinue access to the Website (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, suspension, or discontinuance of access to the Website.
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping & Returns Policy or your statutory rights in your country of residence.
All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. Any offer for any product or service made on this Website is void where prohibited.
We reserve the right to discontinue or change – at any time, without prior notice and without incurring any liability to you – product formulations, as well as product specifications, the content, and messaging related to any product on the Website. We take reasonable precautions to keep the Website accurate and current. However, we do not guarantee that product descriptions are accurate, complete, reliable, current or error-free, or that the product packaging, specification and formulation of the product you received will correspond to the information on the Website. Please see our Returns Policy for further information.
SECTION 6 - ORDER PLACEMENT AND ACCEPTANCE
Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these terms and conditions.No order is accepted from you until our website displays an order confirmation message. This message is displayed after you have completed your purchase and a receipt is sent to by email as confirmation of your order. We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed (this shall not affect your statutory rights).
Once we confirm your order and a verified form of payment has been received, we will promptly place your order in line for shipment or delivery. All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product. If the availability of any product is delayed and you do not wish to substitute the product, upon your request, we will cancel your order and if previously charged, your credit card will be fully refunded for that specific order.
We do not accept orders from dealers, wholesalers, or customers who are resellers or who intend to resell items offered on the Website.
SECTION 7 - AUTO-REPLENISH PAYMENT AND CANCELLATION
When visiting the Website, you may have the option of purchasing a product or group of products one time or through our Auto-Replenish plan where the payment card you provide at the time of enrollment is automatically charged on subsequent dates chosen by you to replenish your supply until you cancel. In our Auto-Replenish plan, you have the ability to control whether you automatically replenish your supply of certain products every 30, 45, 60, 75, or 90 days, with the payment card you provided at the time of enrollmentbilled accordingly before shipment of the product on the date for replenishment selected by you until you cancel.
IF YOU ARE ENROLLED IN THE AUTO-REPLENISH PLAN AT THE TIME OF YOUR INITIAL PURCHASE AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SHIPMENT OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT IN THE AUTO-REPLENISH PLAN. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN THE AUTO-REPLENISH PLAN, YOU MAY DO SO AT ANY TIME BY E-MAILING HELP@THEPETLABCO.CA.
If you participate in the Auto-Replenish plan using a credit card and your credit card fails to process for a subsequent shipment, you agree that we may continue attempting to process your payment as well as contact you on any phone number (including a cell phone number) or e-mail address provided by you for alternate payment information. If you fail to pay for any product or service received, your account may be sent for collection. In the event we start collection processes of any type, you will be liable for all collection costs, including legal fees and expenses.
SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete, and accurate purchase and account information for all purchases made on our Website and online store. You agree to promptly update your account and other information, including your email address and credit and other payment card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse deliveries to you and to cancel your account where payments have been withheld. You agree to compensate us in full for all reasonable costs and expenses (including legal costs) in obtaining payments that not been made in accordance with these terms and conditions.
SECTION 9 – SHIPPING
Unless otherwise stated on the Website at the time of purchase, we reserve the right to add applicable shipping and handling fees to your order, but these will be made clear prior to order. Please be aware of the additional postal charges that may apply to your order at checkout based on what you order, the quantity you order and your delivery address including country.
We will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order and payment. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. You further understand that product or service availability may be limited and particular products or services may not be available for immediate delivery. If your order will be delayed, we will contact you at the e-mail or street address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged.
We typically use local postal services to deliver our products, and proof of delivery is not obtained. Once the product has been properly dispatched and is under the control of the local postal services, you agree you cannot hold us responsible for delays relating to the delivery of products.
You must report all lost or undelivered boxes online within 7 days of the expected last day of delivery shown in your confirmation email.
We reserve the right to reject orders where the stated delivery address is outside of the CAD.
SECTION 10 – SHIPPING & RETURNS POLICY
Your legal rights:
For any of our products you’ve bought online, you have a legal right to change your mind within 14 days and receive a refund, unless our products were sealed for health protection or hygiene purposes, and you have unsealed them. Due to the nature of our products, we therefore cannot accept any returns where the product has been opened.
When you’re sending products back because you’ve changed your mind, you will be responsible for shipping costs and ensuring the products are returned to us undamaged.
We will process the refund due to you as soon as possible and, in any case:
a) 14 days from the day you: i) return any products delivered to you; or ii) provide evidence that you have returned them; or
b) if there were no goods supplied, 14 days from the day on which we are informed about your decision to cancel the contract.
Any additional guarantees:
In addition to any statutory rights you may have in your country of residence, certain products that you purchase may be sold with a 30-day or 90-day money back satisfaction guarantee. Such products will clearly be advertised as such on the Website, and the money back guarantee will only apply to those products and not to any other products. To return a product that is sold with a money back guarantee, please review and comply with our Shipping & Returns Policy.
All other items may only be returned in limited circumstances and in accordance with the Shipping & Returns Policy. If you are uncertain about your right to return the product, you may contact a customer care professional at email@example.com.
If any of our products are inherently defective, then subject to us agreeing that the relevant product is defective, we will provide you with a replacement, or if the same product is unavailable, then a suitable alternative if possible or, at our discretion, a refund. In such circumstances, we will bear the delivery costs incurred by you in returning the defective or damaged product to us as long as you provide us with documentary evidence supporting those delivery costs prior to sending the product and provided we agree that the product is defective.
SECTION 11 - NO MEDICAL DIAGNOSIS OR TREATMENT
We are committed to HELP improve the appearance of our customers by providing safe and effective products made with the highest quality ingredients. You acknowledge and agree, however, that our Products have not been evaluated by any health regulators, and Our Products AND the information on the Website are not intended to diagnose, treat, cure or prevent any health problems, illnesses, or disease. The information on this Website or in emails is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care.
SECTION 12 - DISCLAIMERS OF WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PETLAB DISCLAIMS ALL STATUTORY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.
You expressly agree that your use of, or inability to use, the website is at your sole risk.
Section 13 - Limitation of Liabilities
We only supply our products for domestic or private use and in accordance with their accompanying instructions for proper use. You agree not to use our products for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in this clause or otherwise in these terms and conditions shall exclude or in any way limit our liability for: fraud or fraudulent misrepresentation; death or personal injury caused by our negligence; willful acts; breach of any mandatory statutory provisions that apply such asstatutory product liability laws, or any other liability to the extent the same may not be excluded or limited as a matter of law. We are not responsible for any loss or damage that is not foreseeable.
We will not be liable to you for any lack of or delay in performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control, including without limitation strikes, lock-outs or other industrial action by third parties, changes in legislation including import tariffs/duties and border controls, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood earthquake, subsidence, epidemic, or other natural disaster, or failure of telecommunications networks, or impossibility of the use of shipping, aircraft or other means of transport.
If, notwithstanding the exclusions of liability above, PetLab is found liable under any theory, PetLab’s maximum liability will be limited to the lesser of (i) 100.00 GBP (or the EURO equivalent), or (ii) the total amount of money You paid to PetLab in the one (1) month period immediately preceding the incident on which Your alleged claim is based. This limitation of liability shall apply for all claims, to the extent permitted by law.
Section 14 - Dispute resolution and Governing Law
We jointly acknowledge and agree that before initiating any claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by e-mail to firstname.lastname@example.org. PetLab will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with PetLab or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, then the parties may issue proceedings. Notwithstanding the foregoing we will have the right to seek injunctive or other equitable relief in any jurisdiction to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection “i” below. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
Your use of this website is governed by these terms and conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the courts of England and Wales.
Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr ).
SECTION 15 - OPTIONAL THIRD-PARTY TOOLS AND LINKS
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or 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 16 - TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
PetLab is pleased to hear from customers and welcomes your comments regarding our products and services. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products. Your results will vary. You may post reviews and comments, submit suggestions and questions, as long as the content is not threatening, defamatory, obscene, illegal, invasive of privacy, infringing of intellectual property or privacy rights, and does not contain spam. You must use your true email address and not impersonate any other person or act misleadingly.
PetLab may use testimonials and/or product reviews in whole or in part in any media you have consented to together with the name, city, and country provided by you when submitting the comments. PetLab reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use.
You alone are responsible for any communication, message, and/or other content that you share with PetLab. You agree that your comments will not violate any right of any third-party. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 17 - ELECTRONIC COMMUNICATIONS
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SECTION 18 - INFRINGEMENT NOTICE
You may contact us at email@example.com if you believethat material on our Website infringes your or a third party’s intellectual property rights and we will investigate those complaints.
In notifying us of alleged infringement, you must include the following information: (i) description of the work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the rights owner, or its agent, or by the operation of any law; (v) a statement by you, that the information in the notification is accurate and that you have the authority to enforce the rightsthat are claimed to be infringed; and (vi) a physical or electronic signature of the rightsowner or a person authorized to act on the rights owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
SECTION 19 – SEVERABILITY
In the event that any provision of these Terms 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. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - TERMINATION
In the event that we terminate this Agreement for your material breach, Sections 11 through 14, 16 through 17, 19, and 21of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with PetLab.
SECTION 21 - ASSIGNMENT
You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these terms and conditions. These terms and conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms without our written agreement.
SECTION 22 - NO WAIVER
If we delay exercising or fail to exercise or enforce any right available to us under these terms and conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
SECTION 23 - THIRD PARTY RIGHTS
Nothing in these terms and conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999 (if you are in England and Wales) or any other equivalent legislation in your country of residence.
SECTION 24 - ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and PetLab, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms should be sent to us at firstname.lastname@example.org.