GENERAL TERMS & CONDITIONS OF USE
GENERAL VIEW
This website is operated by KEEPAWS. Throughout the site, the terms "we", "us" and "our" are used to refer to KEEPAWS. KEEPAWS offer you this website, including all the information, tools and services available from this website, the user, subject to your acceptance of all terms, conditions, policies and notices set out herein.
By visiting our site and/or purchasing something from us, you agree to be bound by the following terms and conditions ("Terms of Service","Terms and Conditions"), including these additional terms and conditions and policies referenced herein and/or available through the hypertext link. These general terms and conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or content collaborators.
Please read these terms and conditions carefully before using our website. By accessing or using any part of the site, you agree to be bound by these terms and conditions. If you do not agree with all the terms and conditions of this agreement, then you may not access the website or use any services. If these general terms and conditions of sale are considered an offer, acceptance is expressly limited to these general terms and conditions of sale.
Any new features or tools that are added to the current store will also be subject to the general terms and conditions of sale. You can review the most current version of the service mandates at any time on this page. We reserve the right to update, change or replace any part of these service terms by posting updates and-or changes to our website. It is your responsibility to check this page periodically for changes.
The Seller is a publisher of KEEPAWS products and services exclusively for consumers, marketed through its websites (https://keepaws.com)The list and description of the goods and services offered by the Company can be consulted on the above-mentioned websites.
ARTICLE 1: Purpose and general provisions
The present general Conditions of sale determine the rights and obligations of the Parties in connection with the sale on line of products offered by the seller.
These General Terms and Conditions (GTC) apply to all sales of Products, made through the Company's websites that are an integral part of the Agreement between the Buyer and the Seller. The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or first payment in the case of multiple payments) of the order. These T&Cs are available on the Company's website at arthemisclothing.com. The Company also ensures that their acceptance is clear and unreserved by setting up a link in the menu. The Customer declares that they have read all these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation. The Client acknowledges that they have received the necessary advice and information to ensure that the offer meets their needs. The Client declares that they are in a position to enter into a legal contract under French law or to validly represent the natural or legal person for whom they undertake to do so. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 2: Price
The prices of products sold through the websites are indicated in US dollars and precisely determined on the Product description pages. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to change its prices at any time in the future. The telecommunication costs necessary to access the Company's Internet sites are the responsibility of the Client. If applicable, also the costs of shipping.
KEEPAWS reserves the right to change the prices at any time of products purchased on subscriptions or not by the consumer without notice. The price in some conversions may also change according to this same rate since the base price is in USD.
ARTICLE 3: Conclusion of the online contract
The Customer must follow a series of steps specific to each Product offered by the Seller in order to complete their order. However, the steps described below are systematic: ➢Information on the essential characteristics of the Product; ➢Choice of the Product, if necessary of its options and indication of the Customer's essential data (identification, address...); ➢Acceptance of these General Terms and Conditions of Sale. ➢Checking the elements of the order and, if necessary, correcting errors. ➢Follow-up of payment instructions and payment of products. ➢shipping of the products. The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgement of receipt of the order confirming it. They will receive a.PDF copy of these general terms and conditions of sale. For products delivered, the shipping will be done at the address indicated by the Customer. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
The buyer can change his order (address, product, etc.) or cancel it until the processing of the products. After that, no further changes are possible. Please note that custom product can't be changed once it's in production. Custom products aren't refundable.
If the buyer wishes to cancel an order or return a product, they must return the items, at their own expense, to obtain a full refund.
ARTICLE 4: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer certifies that they have received a detailed account of the costs of shipping and the terms of payment, and of the execution of the contract. The Seller undertakes to honor the Customer's order within the limits of available Product stocks only. Failing this, the Seller shall inform the Customer. This contractual information is presented in detail in both French and English. In accordance with French law, they are summarized and confirmed when the order is validated. The parties agree that illustrations or photos of products offered for sale have no contractual value. The validity period of the Products' offer and their prices are specified on the Company's websites, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided). In accordance with the legal provisions concerning conformity and hidden defects, the Seller shall refund or exchange defective products or products that do not correspond to the order.
ARTICLE 5: Retention of title Clause
The products remain the property of the company until the full payment of the price.
ARTICLE 6: Modalities of shipping
The products are delivered to the address of shipping which was indicated at the time of ordering and the time limit indicated. This period takes into account the time required to prepare the order.The Seller makes available several contact points indicated in the order confirmation email to ensure the tracking of the order as well as on the order tracking page on the site. The Seller reminds that at the moment the Customer is physically in possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the delivered product.
Products are shipped directly from our warehouse in China or United States. When the product is marked as delivered according to the tracking number, the Seller is not liable if the Customer claims not to have received the product. If the shipping address was incorrect, the buyer needs to pay the shipping fee to send again the product or the order can be canceled. However, the cost of shipping 9.99 USD fixed price isn't refundable. If the customer asks a refund when the package was refused or returned because of an incorrect shipping address, the refund will not include the shipping cost. Even if the shipping was free for the Customer at the moment of the purchase, KEEPAWS paid the shipping fee to send the package. In a case where the package was not delivered because of the customer, this fee is not refundable if customer asks for a refund. Shipping fee is a fix 14.99 USD
ARTICLE 7: Availability and presentation
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In the event of unavailability of an item for a period exceeding 10 working days, it will be indicated on the product page. If the product is a pre-order, it can't be refunded.
ARTICLE 8: Payment
Payment is due immediately upon order, including for pre-order products. The Customer may pay by credit card. Cards issued by banks domiciled outside Canada must be international bank cards (Mastercard or Visa) Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the payment undertaking given by card is irrevocable. By providing his bank details at the time of sale, the Customer authorizes the Seller to charge his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to charge the card, the Sale is immediately cancelled by operation of law and the order cancelled.
ARTICLE 9: Guarantees
According to the law, the seller assumes 2 guarantees: of conformity and concerning the hidden defects of the products. The seller exchanges all products defective or not corresponding to the order made if the customer contact KEEPAWS in a delay of 3 days after the reception of the order. It is not possible to get a full refund for a defective product. The customer can keep the defective product and KEEPAWS will send a new product for free.
If the customer wants a refund, the product needs to be returned to KEEPAWS in the original condition. The customer needs to pay the return shipping cost.
ARTICLE 10: Claims
Where applicable, the purchaser may submit any claim by contacting the company by means of the contact information on the Contacts page.
ARTICLE 11: Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of such property for any reason whatsoever is strictly prohibited.
ARTICLE 12: Force Majeure
The performance of the seller's obligations at the end of the present is suspended in the event of a fortuitous event or force majeure which would prevent its execution. The seller shall notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 13: Nullity and amendment of the contract
If any of the provisions of this Agreement were annulled, that nullity would not result in the nullity of the other provisions which will remain in force between the parties. Any contractual change is valid only after a written and signed agreement of the Parties.
ARTICLE 14: Protection of personal data
In accordance with the computer and liberties law of January 6, 1978, you have the right to interrogate, access, modify, oppose and rectify your personal data. By adhering to these general terms and conditions of sale, you consent to our collection and use of this data for the realization of this contract. By entering your email address on 1 of the sites of our network, you will receive emails containing information and promotional offers concerning products published by the company and its partners. You can unsubscribe at any time. All you need to do is click on the link at the end of our emails or contact the processing manager (the company) by letter RAR.
By ordering from arthemisclothing you agree that we may share your personal information, i.e. your name and address with our supplier in China or United States who is responsible for shipping the products. However, your payment information is not transmitted to our warehouse and is encrypted by Paypal or Shopify.
ARTICLE 15: Applicable law
All clauses contained in these terms and conditions, as well as all purchase and sale transactions referred to therein, will be subject to Canadian law. If you need to sue KEEPAWS, it would take place in Montreal,Canada.
KEEPAWS is not responsible for any accident caused by the products. It is very important to always keep your pet under strict surveillance when using our products. Always examine the product before usage. Do not use the collar if your dog is pulling. KEEPAWS is not suitable for a pulling dog as you need to use an harness for your dog to be safe.
It is the customer responsability to examine and try the product at the delivery and contact KEEPAWS if the product is damaged or has fabrication error. KEEPAWS will replaces the damaged product with a new product, totally free of charge.
ARTICLE 16: Origin of products
Several products are designed in Canada but manufactured in China, while others are designed in China as well.
ARTICLE 17: Refund Policy
KEEPAWS does not give any refunds except in certain cases that the Seller deems exceptional.
Exchanges are simple and easy, please read our exchange policy right here.
Please note that we cannot process exchanges / replacements or refunds 3 days after the reception of the product. You need to contact us in a delay of 3 days after the reception of your package if there is a problem with your order. Be sure to contact us as soon as possible. The product must also be in its original condition. There is no refund for a product that is broken or used by the customer. To be eligible to make an exchange your item must be unused and in the same condition as when you received it.
If you would like to request a product exchange, please write an email to info@keepaws.com to confirm your purchase with your tracking number and give us the reason for the exchange.
KEEPAWS reserves the right to refuse exchanges in certain cases where the reason is not justifiable.
The customer is responsible for paying the shipping costs to our head office. The mailing costs are not refundable. When we receive the item, we will offer you a credit of its value so that you can get another more suitable size.
For an exchange of size, KEEPAWS offers a credit of the amount of the product upon receipt of the return package by the Customer. The Customer can thus buy the right size with the credit voucher at the time of checkout.
ARTICLE 18: Assistance of animals
KEEPAWS helps animals in need. For all orders we donate a pourcentage of the profit to a shelter to make a difference in the lives of the animals.
ARTICLE 20: Guarantees
KEEPAWS offers a warranty on certain products. The warranty is valid only once. A photo of the broken product is required as proof. The expenses of shipping are chargeable to the buyer.
ARTICLE 21: SMS
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Keepaws (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at gestion@arthemisclothing.ca. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Herouxville, Quebec before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Keepaws’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.