Terms of service

Last updated: 4.6.2023

Introduction
Acceptance of Terms
Changes to the Terms
Eligibility
Use of the Site and Services
Orders and Payment
Product Description and Custom Orders
Returns and Refunds
User Content and Submissions
Intellectual Property Rights
Privacy Policy
Cookies and Tracking Technologies
Third-Party Links
Optional Tools
Errors, Inaccuracies, and Omissions
Prohibited Uses
Disclaimer of Warranties
Limitation of Liability
Indemnification
Severability
Termination
Entire Agreement
Governing Law and Jurisdiction
Dispute Resolution
SMS Marketing Consent
Contact Information

1. Introduction

Welcome to Petslify! This website is operated by Petslify, a company registered under DIAMONDS PAINTING INC. Throughout the site, the terms “we”, “us”, and “our” refer to Petslify. We offer this website, including all information, tools, and services available from this site to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

2. Acceptance of Terms

By accessing or using our website at https://petslify.com/ (the “Site”) and purchasing products from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms and conditions and policies referenced herein or available by hyperlink, including our Privacy Policy. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

3. Changes to the Terms

We reserve the right to update, change, or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

4. Eligibility

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or country of residence, or at least 14 years old if the age of majority is younger, and that you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose.

5. Use of the Site and Services

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Site and Services for personal, non-commercial use. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us. Unauthorized use of the Site may give rise to a claim for damages and/or be a criminal offense.

6. Orders and Payment

6.1 Order Acceptance and Cancellation

We reserve the right to refuse any order you place with us. We allow order cancellations within the first 12 hours after order placement. After this timeframe, we begin processing your order and dedicating time and resources, and cancellations will not be possible. Customers will need to wait for production completion and follow our return policy as outlined in the Returns and Refunds section.

6.2 Payment Terms

All prices are listed in U.S. dollars unless otherwise specified. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. We accept various payment methods, and by placing an order, you authorize us to charge the designated payment method.

7. Product Description and Custom Orders

7.1 Product Origin

All our products, including our custom plush items, are proudly produced in our facilities in China. This ensures the highest level of craftsmanship and quality while keeping our production processes efficient and cost-effective.

7.2 Custom Orders

By submitting photographs or images to us for custom products, you represent and warrant that you own the rights to the content or have obtained permission from the rights holder. You grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, adapt, publish, and display the content for the purpose of fulfilling your order.

7.3 Product Availability and Accuracy

We strive to display as accurately as possible the colors and images of our products. However, we cannot guarantee that your device’s display of any color will be accurate. All descriptions of products or product pricing are subject to change at any time without notice.

8. Returns and Refunds

We want you to be completely satisfied with your custom plush. If, for any reason, you are not fully happy with your order, you can return it within 30 days of receipt for a full refund under the following conditions:

8.1 Eligibility for Refund

To qualify for a refund, the custom plush must be unused, in its original packaging, and in the same condition in which it was received. Please note that return shipping costs are the responsibility of the customer and are non-refundable.

8.2 Order Cancellation Policy

We allow order cancellations within the first 12 hours after order placement. After this timeframe, we begin processing your order, dedicating time and resources, and cancellations will not be possible. Customers will need to wait for production completion and follow our return policy as outlined.

8.3 How to Initiate a Refund

If you wish to request a refund, please contact our customer service team at info@petslify.com. Our team will provide detailed instructions on how and where to return your plush. Once we receive the returned item and confirm that it meets the eligibility criteria, we will process your refund within 5-7 business days.

8.4 Additional Considerations

Please note that we cannot process refunds for plush toys that have been damaged due to shipping issues, misuse, or improper care. Certain types of products may not be eligible for return, including custom-made or personalized items, perishable goods, and intimate or sanitary products.

9. User Content and Submissions

If you submit any content, such as comments, feedback, photographs, or other materials (collectively, “User Content”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use such content in any medium.

9.1 Rights to Use Customer Photos

By uploading or submitting photos of your pet, the plush products, or any other images, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such photos in any media for marketing, promotional, and other commercial purposes. This includes but is not limited to displaying the photos on our website, social media channels, email campaigns, and advertising materials.

You represent and warrant that you have all necessary rights and permissions to grant us this license and that the use of your photos by us will not infringe upon or violate the rights of any third party, including intellectual property rights, privacy rights, or any other personal or proprietary rights.

10. Intellectual Property Rights

All content on the Site, including text, graphics, logos, images, and software, is the property of Petslify or its content suppliers and protected by international copyright laws. The Petslify trademark is registered under Registration Number 97931939. Unauthorized use of any intellectual property may violate copyright, trademark, and other laws.

11. Privacy Policy

Your submission of personal information through the store is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it to understand our practices regarding your personal information.

12. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to enhance your experience on our Site. By using the Site, you consent to our use of cookies as described in our Privacy Policy.

13. Third-Party Links

Our Site may contain links to third-party websites that are not affiliated with us. These links are provided for your convenience. We are not responsible for examining or evaluating the content or accuracy of any third-party sites and will not have any liability for any third-party materials or websites.

14. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have control. You acknowledge and agree that we provide access to such tools “as is” without any warranties or conditions. We shall have no liability arising from or relating to your use of optional third-party tools.

15. Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

16. Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content:

For any unlawful purpose.
To solicit others to perform or participate in any unlawful acts.
To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
To harass, abuse, insult, harm, defame, slander, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
To submit false or misleading information.
To upload or transmit viruses or any other malicious code.
To collect or track the personal information of others.
To interfere with or circumvent the security features of the Service.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

17. Disclaimer of Warranties

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. The Service and all products delivered to you are provided ‘as is’ and ‘as available’ without any representation, warranties, or conditions of any kind, either express or implied.

18. Limitation of Liability

In no case shall Petslify, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, or any similar damages.

19. Indemnification

You agree to indemnify, defend, and hold harmless Petslify and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand arising out of your breach of these Terms or your violation of any law or the rights of a third party.

20. Severability

If any provision of these Terms is determined to be unlawful or unenforceable, such provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. This determination shall not affect the validity and enforceability of any other remaining provisions.

21. Termination

These Terms are effective unless and until terminated by either you or us. We may terminate this agreement at any time without notice if you fail to comply with any term or provision. The obligations and liabilities incurred prior to the termination date shall survive the termination of this agreement.

22. Entire Agreement

These Terms and any policies or operating rules posted by us constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements, communications, and proposals, whether oral or written.

23. Governing Law and Jurisdiction

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws applicable in our jurisdiction, without regard to its conflict of law provisions.

24. Dispute Resolution

Any disputes arising from these Terms or your use of the Site shall be resolved through binding arbitration in accordance with the rules of an internationally recognized arbitration organization. The arbitration shall take place in a mutually agreed location.

By consenting to Petslify's SMS marketing at checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (including order updates, abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list.

Message Frequency and Opt-Out

Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link provided within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out.

Charges and Fees

We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Customer Support

For any questions, please text HELP to the number you received the messages from. You can also contact us at https://petslify.com/pages/contact-us for more information.

Modification of Service

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

Limitation of Liability

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Privacy

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

26. Contact Information

Questions about the Terms should be sent to us at info@petslify.com.

Petslify
Email: info@petslify.com
Website: https://petslify.com/