This Conditions of Order Agreement (“Agreement”) is made by and between Pet’s Best Life, LLC (“PBL,” “us,” or “we”) and you (“you,” “your,” or “user”). All orders placed with the PBL, including those made through any webstore that is operated on behalf of PBL by another entity, are subject to the terms of this Agreement, including without limitation signing up any subscriptions. Any purported change submitted by a purchaser in any additional documentation is hereby expressly rejected. This Agreement is in addition to any terms and conditions provided by any third party webstore, or payment processor.
IMPORTANT NOTICE: SECTION 20 OF THIS AGREEMENT CONTAINS A BINDING DISPUTE RESOLUTION THROUGH ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER AS WELL AS A WAIVER OF TRIAL BY JURY THAT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION 20 CAREFULLY AS YOU ARE BOUND BY ITS TERMS WHEN YOU AGREE TO THIS AGREEMENT.
When you place an order, we may verify your method of payment, shipping address and/or tax exempt identification number, if any, before processing your order. Your placement of an order with PBL is an acceptance of PBL’s offer to sell our Products (those “Products” being those products and services, including without limitation any subscriptions, sold or otherwise provided through this website and any website to which this Agreement is included, displayed, attached, linked or referenced), subject to availability and pursuant to the terms contained in this Agreement. PBL, at its discretion, may complete your order by processing your payment and shipping the Product, or may, for any reason, decline to complete your order or any part of your order. No order shall be considered completed until the Product has been shipped. If PBL declines to complete your order, PBL will attempt to notify you using the email address or other contact information you have provided with your order. Delivery and/or shipment dates provided in connection with any order are estimates only and do not represent fixed or guaranteed delivery dates.
PBL may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time. PBL may reject any order, or any part of an order.
When you place an order via the website, you are required to provide a valid email address. We may use this email address to communicate with you regarding the status of your order; advise you regarding shipment of backordered products; and/or provide you with any other notices, disclosures, or other communications relating to your order including without limitation order confirmation. You agree that PBL will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide and maintain a valid email address or as a result of any failure of your email system, spam filters, or other impediments to your receipt of our communications outside of the reasonable control of PBL.
PBL makes every effort to provide current and accurate information relating to the Products and prices, but does not guarantee the currency or accuracy of any such information. Information relating to Products is subject to change without notice. Prices are subject to change at any time prior to PBL’s completion of your order. In the event we discover a material error in the description or availability of a Product that affects your outstanding order with PBL, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, PBL will issue a credit to your credit card in the amount of the charge. All prices are in U.S. dollars.
If you purchase Products on a subscription basis through the website, we will charge you for, and make periodic shipments to you of, Products based upon the subscription plan for which you signed up.
The quantity and type of Product you subscribe to have us ship, their price and/or discount, and the frequency of shipments will be displayed at or prior to checkout on our website. Your subscription will continue, unless terminated by us, and you will be charged for and shipped the subscribed-to Product based on the frequency you selected, until you choose to cancel or your subscription as set forth in this Section 5, or unless your subscription is terminated or modified by us as set forth in this Agreement. We may offer the opportunity for you to suspend, delay, or select the exact date for which you would like the next shipment of your subscribed-to Product.
You agree that your account will be subject to automatic charges for upcoming shipments of Products that you have subscribed to unless you cancel your subscription as set forth in this Section 5. You may cancel your subscription at any time by signing into your account profile and going to the delivery schedule and selecting to cancel your subscription, provided that your cancellation must be received by at least 12:00 midnight the day before the next scheduled shipment or that next periodic shipment will occur and you will be charged for that shipment with your cancellation being effective immediately following that shipment. Similarly, any suspension, delay, or newly selected date for which you would like the next shipment of your subscribed-to Product must be received by at least 12:00 midnight the day before the next scheduled shipment or that next periodic shipment will occur and you will be charged for that shipment with your suspension, delay, or newly selected date being effective immediately following that shipment. When you subscribe, you will receive a notice that your subscription has been created, your first shipment will be processed immediately, and your selected payment method will be charged at the time of subscription for that first shipment. Your subscription will thereafter automatically create a new order for shipment according to your chosen delivery schedule, until you cancel. After your initial shipment of a subscribed-to Product, approximately three calendar days prior to the ship date selected by you for all subsequent shipments you will receive a pre-shipment email notification reminding you of your upcoming shipment, the Products set to ship, and the price.
Except for refunds in accordance with PBL’s Return and Refund Policy as described below, all payments are non-refundable.
You agree that PBL may either terminate or suspend your subscription for any reason at any time in PBL’s sole discretion.
By subscribing, you authorize PBL to charge the payment method you provide immediately upon subscribing for the first Product purchase and shipment and again on or around the next scheduled Product shipment until you cancel in the manner described above.
When you sign up for continuous shipments through subscribing, you expressly agree to permit us to charge your chosen payment method on a recurring basis, as well as for the amount of the charge for the purchase of the subscribed-to Product. PBL will submit periodic charges for each shipment to your chosen payment method without further authorization from you, until you provide prior notice as set forth above that you wish to cancel or change your payment method. Approximately 24 hours prior to your designated ship date, your next subscription purchase and shipment will be authorized, and a payment authorization hold will be placed on your chosen payment method. Once your order is processed, your payment method will be charged for the authorized amount. For clarification purposes only, a payment authorization hold is not an actual charge, i.e, if an authorization hold is placed for $25 on a given day and your payment method is charged $25 the next day when your order is shipped, you will only see one actual charge on your payment for $25. An authorization hold may impact the amount of remaining credit available to you under your chosen payment method.
You agree to pay all fees or charges to your account based on PBL’s fees, charges, and billing terms in effect as shown on the payment page in relation to the subscribed-to product as modified by any pre-shipment e-mail notification as described above. You are expressly agreeing that PBL is permitted to bill you for the applicable fees, any applicable tax, and any other charges you may incur in connection with your subscription and the fees will be billed to your payment method.
PBL reserves the right at any time and from time to time to change, modify, add, remove, suspend, cancel, or discontinue any aspect of its Product subscriptions in PBL’s sole discretion. If the shipment frequency, Product type or quantity, or the Product fees or Product pricing discounts are altered by us, you will receive notice of the actual quantity, Product fees, and Product pricing discounts in the pre-shipment e-mail notification as described above by the e-mail address you register in your account on the PBL website, and you will have the opportunity to cancel your subscription if you do not agree to the changes pursuant to the cancellation terms set forth above. Changes to this Agreement shall be as set forth in Section 22. If you do not cancel pursuant to the cancellation terms set forth above you will be deemed to have accepted the changes.
Payments options are as displayed by our payment processor at time of checkout. You are expressly agreeing that PBL is permitted to bill you for the applicable fees, any applicable tax, and any other charges you may incur in connection with your purchase and the fees will be billed to your payment method.
Except as otherwise provided on the website, prices shown do not include any federal, state or local taxes, or any other taxes or charges imposed by any government authority, including, without limitation, sales, use, excise, value-added or similar taxes. Where applicable, such taxes and charges shall be billed as a separate item and paid by you and will be charged to your payment method. Orders are accepted with the understanding that such taxes and charges shall be added, as required by law.
If a Product you order is out of stock, you may elect to switch to an alternative Product or wait for the Product to come back into stock. PBL does not guarantee that any item displayed on the Website will be in stock at all times.
If you provide an address that is considered insufficient by the carrier, the shipment may be returned to our fulfillment center. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable).
All purchases of Products are for personal, non-commercial use only and you agree not to resell Product without expressed written consent from PBL. The sale or linking of our Products on or to any third party e-commerce site, marketplace or mobile application without PBL’s specific written consent is expressly prohibited. If you wish to purchase Products for resale, please contact the PBL.
If you receive merchandise that has been damaged in transit, please contact the carrier that delivered the merchandise for resolution of the issue. We urge you to take a photo of the damaged merchandise.
The risk of loss and title for Products purchased by you passes to you upon PBL’s delivery of Products to the carrier.
If the package was marked as delivered by the carrier, but you have yet to receive it, PBL will not cover the cost of replacement or refund the order. Please contact the carrier that delivered the merchandise for resolution of the issue.
There may be cases where the delivery was made, but the package was left in an unexpected location at your address. You should reach out to the carrier and inquire if any additional details were left by the delivery person (e.g. “Left under the table on the back porch.”).
ALL SALES ARE FINAL. NO RETURNS, REFUNDS, OR CANCELLATIONS (EXCEPT FOR CANCELLATIONS OF SUBSCRIPTIONS PURSUANT TO THE SUBSCRIPTION TERMS ABOVE) EXCEPT PURSUANT TO THE WARRANTY CLAUSE BELOW. To make a warranty claim, you must contact PBL Customer Service at email@example.com and provide us with all reasonable information requested regarding the claim, which may include taking a photo of the Product, and you must return the Product pursuant to the information we provide to you if return is requested by us. If your refund is approved, we will initiate a refund to your credit card (or original method of payment) for the amount you paid us for the Product subject to the warranty claim, not including shipping charges. The timing of your receipt of a refund will depend on your card issuer’s policies.
All returns must include the information we require as stated to you when you make your warranty claim (e.g., we may require you to include your name, order number, return merchandise authorization number, and other information with your return package).
Original shipping charges are non-refundable, but PBL will provide you with shipping instructions for any Products it requests be returned to PBL.
You represent and warrant that the returned Product was purchased from PBL, is not counterfeit or otherwise non-conforming. In the event PBL determines, in its sole discretion, that any returned Product is counterfeit, non-conforming, or otherwise violates this Agreement, PBL may (i) report such problem to any applicable governmental or regulatory agency or any other applicable third party; and/or (ii) take such other actions as may be required or permitted under applicable law.
PBL offers a warranty that you will be completely satisfied with a Product you purchase. As stated in the Return and Refund Policy, to make a warranty claim, you must contact PBL Customer Service at firstname.lastname@example.org and provide us with all reasonable information requested regarding the claim, which may include taking a photo of the Product, and if requested by PBL you must return the Product pursuant to the information we provide to you. This warranty is granted for the exclusive benefit of you and shall not accrue to the benefit of any end user or other third party, unless otherwise required by applicable law. This limited warranty does not cover damage to or defect in a goods caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the goods; (c) any failure to follow any instructions for the goods; or (d) any modifications to the goods.
WE DO NOT WARRANT THE REMOVAL OF TARTAR, PLAQUE, CALCULUS FROM AN ANIMAL’S TEETH, OR PREVENT OR REDUCE HALITOSIS. WE DO NOT WARRANT THAT OUR PRODUCTS WILL NOT CREATE A CHOKING OR BLOCKAGE HAZARD.
THIS WARRANTY COMPRISES THE SOLE AND EXCLUSIVE WARRANTY RELATING TO PRODUCTS SOLD OR MANUFACTURED BY PBL. PBL MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ITS PRODUCTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY WARRANTY BREACH IS A REFUND FOR THE ACTUAL PURCHASE PRICE OF THE PRODUCT THAT IS THE SUBJECT OF THE WARRANTY BREACH IN ACCORDANCE WITH THE RETURN AND REFUND POLICY ABOVE.
PBL SPECIFICALLY EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES REGARDING ITS PRODUCTS AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING FROM THE COURSE OF DEALINGS OR USAGE OF TRADE.
SOME JURISDICTIONS, INCLUDING (AS TO CONSUMERS) NEW JERSEY, MAY NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES INCLUDING WITHOUT LIMITATION OF IMPLIED WARRANTIES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
PBL CANNOT GUARANTEE THAT THE COLORS AND DETAILS IN OUR WEBSITE IMAGES ARE 100% ACCURATE REPRESENTATIONS OF A PRODUCT, AND SIZES MIGHT IN SOME CASES BE APPROXIMATE. ACCORDINGLY, THIS WARRANTY DOES NOT COVER SUCH MATTERS.
IN THE EVENT THAT ANY GOODS SOLD OR MANUFACTURED BY PBL FAIL TO CONFORM TO THE TERMS OF PBL’S WARRANTY AS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS AS STATED IN SECTION 15 ABOVE.
TO THE FULLEST EXTENT ALLOWED BY LAW, PBL, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OWNERS, MEMBERS, SHAREHOLDERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, REGARDING OR RELATING IN ANY WAY TO THE SALE OF PRODUCTS OR RELATED SERVICES, EVEN IF PBL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PBL AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OWNERS, MEMBERS, SHAREHOLDERS, OFFICERS, AND DIRECTORS REGARDING OR RELATING IN ANY WAY TO THE SALE OF PRODUCTS OR RELATED SERVICES TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE TOTAL AMOUNTS YOU PAID PBL FOR PRODUCTS GIVING RISE TO THE CLAIM IN THE THREE (3) MONTH PERIOD IMMEDIATELY BEFORE THE EVENT FIRST GIVING RISE TO THE CLAIM.
YOU AGREE THAT, UNLESS SUCH A LIMIT IS PROHIBITED BY APPLICABLE LAW, YOU CANNOT INITIATE AN ACTION OR FILE A CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PRODUCTS SERVICES MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
PBL IS NOT LIABLE FOR ANY DAMAGES TO THE EXTENT ARISING FROM YOUR NOT FOLLOWING THE INSTRUCTIONS AND SUGGESTIONS ON THE PRODUCT PACKAGING, YOU FEEDING AN INCORRECT PRODUCT SIZE TO AN ANIMAL THAT IS NOT IN ACCORDANCE WITH PBL’S SUGGESTIONS FOR PRODUCT SIZE BASED ON YOUR ANIMAL’S WEIGHT, YOUR FEEDING AN ANIMAL MORE OF OUR PRODUCT THAN WE RECOMMEND, YOUR FAILING TO SUPERVISE YOUR ANIMAL WHEN PROVIDING THE ANIMAL OUR PRODUCT, OR YOUR NOT PROVIDING THE ANIMAL AMPLE FRESH WATER WHEN FEEDING IT OUR PRODUCT.
SOME JURISDICTIONS, INCLUDING (AS TO CONSUMERS) NEW JERSEY, MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES TO PERSONAL OR PROPERTY DAMAGE, OR DAMAGES CAUSED BY THE NEGLIGENT OR WILLFUL ACTIONS OF PBL. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
A Force Majeure Event is any event beyond PBL’s reasonable control, including but not limited to: war; government regulation, requirement, prohibition, or travel-restriction (including those related to COVID-19); terrorism; disaster; strike; civil disorder; pandemic (including the COVD-19 pandemic); quarantine requirements; curtailment of transportation facilities; declaration of force majeure by an upstream supplier; supply shortages; labor disputes; severe weather events or conditions; fire; flood; or computer interruptions or disruptions, including without limitation ransomware and other cyberattacks.
PBL will not be liable for delays in delivery or for complete or partial failure to perform its obligations due to Force Majeure Events.
If PBL is unable to fulfill a purchase order/delivery as a result of a Force Majeure Event, PBL shall not be required to fulfill any of the purchase order/delivery.
If PBL experiences a supply shortage, PBL may allocate that shortage amongst its customers however it chooses, in its sole discretion.
Under California Civil Code Section 1789.3, California users may be entitled to the following consumer rights notice: This website and Products are provided by Pet’s Best Life, LLC, 1602 Jasper St., North Kansas City, Missouri 61446. If you have purchased any Product, a description of what you have purchased and relevant pricing information are posted as part of the ordering process (please consult your individual purchase confirmation e-mail for the charges you incurred). If you have a question or complaint regarding the website or Products, please contact PBL Customer Service by calling (866) 944-4567. You may also contact us by writing Pet’s Best Life, LLC, by e-mail at email@example.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
The laws of the State of Missouri shall apply to this Agreement and the Products, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to this Agreement.
For all Disputes (as defined below), whether pursued in court or arbitration, you must first give PBL an opportunity to resolve the Dispute. You must commence this process by mailing written notification to 1602 Jasper St., North Kansas City, Missouri 61446. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If you and PBL do not resolve the Dispute within forty-five (45) calendar days after PBL receives your written notification, you may pursue your Dispute in arbitration as set forth below.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PRODUCTS (A “DISPUTE”) SHALL BE SETTLED BY ARBITRATION UNDER THE RULES PROVIDED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA), AND YOU HEREBY WAIVE ANY RIGHT YOU MAY OTHERWISE HAVE TO A JURY TRIAL. A SINGLE ARBITRATOR SHALL PRESIDE OVER ANY ARBITRATION, AND SUCH ARBITRATOR SHALL, IN HIS OR HER SOLE DISCRETION, DETERMINE THE ARBITRABILITY OF ANY ALLEGED DISPUTE. ANY ARBITRATION SHALL BE CONDUCTED IN CLAY COUNTY, MISSOURI. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT WILL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. JUDGMENT ON AN AWARD RENDERED BY AN ARBITRATOR MAY BE ENTERED IN ANY STATE OR FEDERAL COURT WITHIN OR WITHOUT THE STATE OF ¬¬¬¬¬¬MISSOURI. Notwithstanding the foregoing, in lieu of or addition to any other remedies available to PBL, PBL may seek injunctive or other relief, including without limitation a suit for money damages, in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of PBL or any third party’s intellectual property or proprietary rights. You hereby irrevocably consent to non-exclusive jurisdiction and venue of the State and Federal courts of the State of ¬¬¬¬¬¬Missouri with respect to any such injunctive or other relief. You further acknowledge that PBL’s rights in its intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
PBL may assign or otherwise convey any of its rights and obligations under this Agreement, but you may not. All of the terms and conditions of this Agreement shall inure and be binding upon any party’s permitted successors and assigns.
If any part of this Agreement is unlawful, void, or unenforceable, that part shall be modified by the arbitrator or, where an action in court is allowed as stated in this Agreement, court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as dictated by the original wording, and if not so modifiable, that part will be deemed severable, and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PBL as a result of this Agreement your purchasing of Products.
This Agreement and the other terms they reference constitutes the entire agreement among the parties relating to the subject matter of this Agreement and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and PBL with respect to the Products.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
The failure by PBL at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy, or option or in any way affect the validity of this
Always feed the right treat size for your dog’s weight category. Always supervise your dog when feeding treats. This product is an adult only dog treat. Always provide ample fresh water for your dog.
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