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TERMS AND CONDITIONS
Welcome to Are U Shopping international online
ordering for Paw Palace. Orders are limited to shipments outside the United
States of America and Canada. By using this site you agree to the terms and
conditions set forth by Are U Shopping, LLC, and Are U Shopping or any of its
affiliates will not be held responsible for any misuse or unlawful handling by
the user. Are U Shopping does not accept to ship foods, liquids, supplements,
or any items considered “dangerous goods” by U.S. Customs or unlawful by the
importing country.
Copyright
Are U Shopping may, from time to time,
offer links to other independent third party web sites. Please note that when
you enter those web sites (using links on the Are U Shopping site), you are
entering web sites for which Are U Shopping has no responsibility or control
over the content thereof. Please contact the web administrators of those web
sites if you have any comments or concerns.
Content
All content included on the Are U Shopping web site, such as text, graphics,
icons, logos, button icons, images, audio clips, digital downloads, data
compilations, and software, is the property of Are U Shopping or its content
suppliers and protected by United States and international copyright laws.
The compilation of all content on this site is the exclusive property of
Are U Shopping and protected by US and international copyright laws. All
software used on this site is the property of Are U Shopping or its software
suppliers and protected by United States and international copyright laws.
All right, title, and interest in the web site and services provided therein,
including, but not limited to, all associated market data and information
is owned by Are U Shopping, and you acquire no interest therein. All rights
reserved. Any unauthorized use or any reproduction, modification, or distribution
of materials is strictly prohibited.
Trademarks
“AreUShopping?” and other marks indicated on the Are U Shopping web site are
registered trademarks of Are U Shopping, LLC in the United States and other
countries. Are U Shopping trademarks and trade dress may not be used in
connection with any product or service prior to written consent by Are U
Shopping, LLC, in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits Are U Shopping. All other
trademarks or trade dress not owned by Are U Shopping that appear on this site
are the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by Are U Shopping.
Price Quotes
Are U Shopping guarantees a fair price for the products you select.
Currency exchange rates change daily and so Are U Shopping may charge additional
fees to cover fluctuation in exchange rates. Are U Shopping reserves
the right to change Quotes at any time. In case there are situations out
of our control such as, but not limited to, product out-of-stock, increases
in the price of the good at the selected online retailer, weight and size
limitations on international deliveries, local customs and import limitations
-- Are U Shopping reserves the right of not shipping the selected item
and return the money paid on those particular items to the customer, if
the customer refuses to pay any and all additional fees. There may
be additional charges involved in your transaction that credit card or
bank will charge you, although these charges are usually minimal.
Such fees are non-refundable.
Payment
You agree to pay all applicable charges under this Agreement or as set forth
on any form on the Site, including any applicable taxes or charges imposed by
any government entity, using our Paypal method. Payment must be received in U.S.
dollars for the total amount invoiced. Are U Shopping may change its pricing
policies at any time. If you dispute any charge made by Are U Shopping in
connection with the Service or Order, you must notify Are U Shopping in writing
within sixty (60) days of any such charge stating, with specificity, the nature
of such dispute. Failure to notify Are U Shopping shall result in your waiver of
any claim relating to such disputed charge. Charges shall be calculated solely
based on records maintained by Are U Shopping. No other measurements or
statistics of any kind shall be accepted by Are U Shopping or have any effect on
pricing terms or decisions under this Agreement. You will be responsible for all
reasonable expenses (including attorneys' fees and costs) incurred by Are U
Shopping in collecting unpaid amounts under this Agreement.
Insurance
When you use Are U Shopping, all orders are insured against loss or damage.
The cost of this insurance is included in your Are U Shopping shipping and
handling fee.
Duties and Taxes
You are responsible for all and any
applicable duties and taxes in the destination country and for those not
included in your total from Are U Shopping, unless you chose to have all duties
and taxes included on your order at checkout. If a shipment is rejected by you
because of customs clearance charges or gets returned to us due to restrictions
your country has in place regarding the importation of the goods you purchased
with our assistance, you will be held liable for return shipment and/or all
other miscellaneous fees incurred by us that are associated with that return.
Currency
All transactions are in U.S. Dollars. Your credit card,
Paypal or bank statement however will show our charge in your local currency.
You are responsible for any currency exchange fees and the amount received by
Are U Shopping must be the total amount in U.S. Dollars, which was quoted to
you. A currency conversion tool is meant to give you an estimate, NOT a
guaranteed rate. You can request that day’s exchange rate with the appropriate
financial institution.
Backorders / Out of Stock
Sometimes an order
that we have placed on your behalf may be backordered or out of stock. This may
happen despite the fact that at the time of purchase, item availability was
verified with the store. Part of an order may be placed on backorder by the
store while they await merchandise from their supplier. If this happens we will
notify you of the delay. Cancellation is subject to a cancellation fee (please
see below). We are not responsible for delays in your order due to backorder
situations. Shipments will be made when all items in your order have arrived at
our depot. We do not make partial shipments.
Cancellations / Changes to
your order
We provide a service and are not a regular store. As such we
cannot accept cancellations or changes to your order once your order has been
placed and we have charged your credit card.
Restricted Products and Merchants
Are U Shopping reserves the right to refuse fulfillment of a
product transaction in respect to any product or quantity of products, or the
purchase of products from any online retailer, based solely on its own
discretion and in accordance to any and all US and international laws. This
right shall exist at all times, even after an order confirmation has been
placed. Are U Shopping, does not accept to fulfill orders of items which are
restricted to ship overseas. Product restrictions posted on web sites of
UPS.com, are strictly enforced, as this will be the primary shipping methods
used for international deliveries. Are U Shopping will not be liable for such
shipments and it is the sole responsibility of the customer to abide by all
import/export regulatory restrictions. Are U Shopping does not accept to ship
foods, liquids, supplements, or any items considered “dangerous goods” by U.S.
Customs or unlawful by the importing country. Product restrictions are subject
to change without prior notice under the sole discretion of Are U Shopping.
Disclaimer From Unforeseeable Circumstances
Are U Shopping is not
responsible or liable, nor shall it be deemed in default of the Terms and
Conditions, for any delay or failure in performance or non-performance of any
aspect of this agreement resulting directly or indirectly from any accidents,
fires, electrical or electronic failures, equipment failures, shipping delays
from either online retailers, international couriers, or others, acts of God,
labor disputes, governmental orders or regulations, or any other cause beyond
the reasonable control of Are U Shopping.
Modifications
Are U
Shopping may modify any aspect of this agreement at any time at its sole
discretion without prior notice. Any modification to the Terms and Conditions
shall be effective immediately upon posting these changes on the web site. Are U
Shopping advises you to check the web site regularly if you are interested in
reviewing any changes. Your use of the web site and the Are U Shopping service
after modifications have been posted constitutes your acknowledgment of such
modifications and your agreement to be bound by the terms and conditions of
these changes.
International Access
Our Site and Service are provided
from the United States of America. The laws of other countries may differ
regarding the access and use of this Site or functions available through the
Service. We make no representations regarding the legality of this Service in
any other country and it is your responsibility to ensure that your use complies
with all applicable laws outside of the U.S.A.
Your Obligation to
Indemnify
You agree to indemnify, defend and hold harmless Are U Shopping and
Partners, including their respective employees, directors, officers, agents,
representatives, subsidiaries, and affiliates, from and against any and all
claims, demands, liabilities, costs or expenses, including reasonable attorney’s
fees and costs, arising from, or related to, any breach by you of this Agreement
or any applicable law to the Service.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND/OR APPLICATION IS PROVIDED BY Are U
Shopping ON AN "AS IS" AND "AS AVAILABLE" BASIS. Are U Shopping MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE AND/OR APPLICATION OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS SITE AND/OR APPLICATION IS AT YOUR SOLE RISK. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, Are U Shopping DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. Are U Shopping DOES NOT WARRANT THAT THIS
SITE, APPLICATION, ITS SERVERS, OR E-MAIL SENT FROM Are U Shopping ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. Are U Shopping WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE AND/OR APPLICATION,
INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Shopping with
Are U Shopping means you agree to the terms and conditions of this
site.
SHIPPING POLICY
A. Carriers Used: USPS, UPS or Yamato. It is the sole discretion
of Are U Shopping or any of its affiliates, to use the carrier of their
choice. All items will be traceable and insured for your protection.
B. Delivery Days/Times:
1. Most orders will be shipped and delivered
within 7-14 business days, however, custom made orders will take up to 6 weeks
after receipt of your order. Most parcels reach their destination promptly and
without incident. Please understand that Are U Shopping has no control over
delivery day or delivery time, once the parcel is turned over to the carrier.
2. Sometimes backorder or out-of-stock will occur. If this happens we are
not responsible for delays in your order due to backorder situations. Shipments
will be made when all items in your order have arrived at our depot. We do not
make partial shipments.
3. The estimated delivery days indicated above in
the heading A. Carriers Used: are based on business days. A business day is
Monday-Friday, excluding holidays, unless otherwise indicated by the
carrier.
4. Additionally, this site disclaims any and all liability for the
carrier failing to adhere to delivery days and times.
D. Shipping Costs (effective October, 2006):
1. All parcels ordered and shipped through Are
U Shopping will incur shipping fees based on the carrier (USPS,UPS, Yamato) and
will include shipping, handling, and an insurance fee that is calculated
according to your total purchase price. Also, please note that any item that is
considered "over-sized" will incur additional shipping fees, based on what the
carrier quotes to us. We will notify you via email of the charges before we
process your order.
E. Import and other taxes are the responsibility of the customer.
F. Lost or Damaged Parcels:
1. Most parcels reach their destination
promptly and without incident, however sometimes a parcel is lost or damaged in
transit. Are U Shopping is not responsible for parcels lost, stolen, or damaged
in transit. However, Are U Shopping insures all parcels for full merchandise
value to ensure that you are protected to receive your money back on the item(s)
purchased.
2. If your shipment is lost or damaged, you must contact the
carrier that was used (please refer to your shipment confirmation email) and
file a claim with the carrier indicated.
G. Undeliverable Parcels:
1. Any
parcel returned for the following reasons; Refused, Unclaimed, Invalid Address,
Unknown Address, or Insufficient Address will be subject to a 100% cancellation
fee of the entire purchase price, including shipping fees; shipping/Insurance,
packaging, handling and postage fees will not be
refunded.
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