Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
- “Agreement” means these Terms of Service;
- “Service” refers to the goods and services that we provide through our Site, including our canine products, the shipping of those products, and our Site itself;
- “Site” refers to our website, www.summerspaw.com;
- “Summer’s Paw” refers to our company, known as “Summer’s Paw, LLC”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the phrase is used;
- “User” refers to customers who use our Service and general visitors to the Summer’s Paw Site;
- “You” refers to you, the person who is entering into this Agreement with Summer’s Paw.
3. What Summer’s Paw Does
Summer’s Paw is an e-commerce company that currently sells only premium brand pet food and treats. We focus on top brands with quality ingredients to promote a healthier life for one's dog or cat. Users must be able to enter into a contract in order to use our Service, and at this time, Summer’s Paw sells only to U.S. Residents of the 48 contiguous states.
In order to use our Service, you must meet a number of conditions, including but not limited to:
- You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Summer’s Paw, and yourself. For example, you must not purchase our products to export them (privately or commercially) without our prior express written permission to do so, as we must ensure that any exports are lawful.
- You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
- You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
5. Nature of Service
Summer’s Paw affects your dog’s and/or cat's diet. Although we sell products which we believe are suited to most dogs and cats, you agree that you should not use our products, notwithstanding any claims about benefits of its use that may be published elsewhere, if doing so would contravene a veterinarian or other animal professional’s instructions as to how to keep your pet healthy. Summer’s Paw is not responsible and will not be held liable for any damages and/or injury caused by the use of any of the products we sell. Our liability ceases with the manufacture and delivery of the products we sell. Thus, Users agree to assume all risks associated with the use of our products. You release Summer’s Paw from any losses resulting from the use of our products, and agree that you are responsible for ensuring that our products are suitable for your pet.
6. Rules of Use
The above eligibility criteria are required as a condition of being permitted to initially use our Service. In addition to those rules, you must not:
- Violate the laws of the United States, its states, or any other political entity having jurisdiction over this Agreement (such as a municipality).
- Fail to report any purchases as required by the sales or use tax laws in your jurisdiction.
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Summer’s Paw or its delegates.
- Post requests for services which you have no intention of actually purchasing.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Summer’s Paw Site, Service, or its Users’ computers.
- Do anything else which may bring Summer’s Paw into disrepute or violate the rights of any person.
In addition, you agree not to use the Site to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited, false or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; (f) harass or interfere with another user's use and enjoyment of the Site; (g) purchase Products for resale.
Summer’s Paw uses Authorize.Net’s Payment Gateway to accept and process all major credit cards (Visa, MasterCard, American Express and Discover). Authorize.Net is a browser-based, hosted solution that uses the internet and not a phone line. Transactions are secure and Authorize.Net is PCI-DSS-compliant. We also accept and process payments through PayPal. All prices are listed in United States dollars, and any additional payment terms listed on our Site are, to the extent that they are more beneficial to Summer’s Paw, hereby incorporated into this Agreement by reference.
The text below contains our terms regarding discounts/promotions. Please review it carefully.
Free Shipping Promotion
- Free Shipping automatically applies to orders of $49 or more (after discounts).
- Orders below $49 receive flat-rate shipping of $9.95.
- The order total is before taxes and shipping charges and after any applicable savings.
- No promotion code is required for Free Shipping unless there is a special promotion.
- Free Shipping applies to orders, per shipping address, shipped via ground shipping.
- Free shipping does not apply to express shipping.
- Free Shipping offer cannot be applied to previous purchases and cannot be redeemed for cash.
- Terms of the Free Shipping offer are subject to change.
Frequent Buyer Promotion
- After 10 orders, Summer's Paw will send their loyal customer a nice surprise.
Refer A Friend Program
- Refer a Friend to our Site and you and your friend will receive a surprise offer when they make their first purchase.
Summer’s Paw may refuse to provide the abovementioned discounts or any other discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.
9. Shipping & Delivery Policy
When and how do you ship?
Orders are shipped Mondays to Fridays via UPS Ground (United Parcel Service). Smaller items may ship via USPS (U.S. Postal Service) Priority Mail. We ship within one business day of receipt of your order. Orders will typically arrive within 2-5 business days (excluding holidays) depending on shipping location. Some rural/remote locations may require additional shipping time. Unfavorable weather conditions and backlogs from our shipping carriers may also delay shipping times.
Orders will be sent to the shipping address stated in your order. Your order may be sent to you in installments because of its larger size or if certain items are out of stock.
Once your order has shipped a Shipment Confirmation email will be sent to you with a tracking number link so that you may track the status of your package.
UPS does not deliver on Saturday or Sunday or national holidays.
Officially recognized national holidays are not considered business days.
What is my shipping cost?
We offer flat rate shipping of $9.95 for all orders less than $49.00 (unless a shipping promotion states otherwise).
In the case of multiple shipments per order, shipping charges are applied only once regardless of the number of parcels shipped.
Large quantity orders will be subject to shipping/freight charges as determined on a case by case basis.
When does Free Shipping Apply?
Free Shipping automatically applies to orders $49.00 or more (after discounts).
What if an item is out of stock?
If an item is out of stock, delivery time will be longer. We will inform you via e-mail and let you know when it will become available for shipping. You will not be charged for the item until it has shipped.
Do you provide Express Shipping?
Express Shipping via UPS is available if you need a product quickly. We offer the following:
Next Business Day for orders received by 2pm Eastern Standard Time and
2nd Business Day.
Express shipping is available for products that meet shipping provider’s requirements such as weight limitation. Please call our Customer Service Team at 1.914.908.4200 for rates and express delivery schedule.
Orders placed after 2pm Eastern Standard Time will ship the following business day.
UPS does not deliver on Saturday or Sunday, so an order placed on Friday after 2pm will ship on the subsequent Monday.
Is a signature required for package delivery?
No, you do not need to be at home for delivery. The driver will leave your package at your front door or with the front desk
Residents of NYC (Manhattan, Brooklyn, Queens, and the Bronx) and Lower Westchester who do not have a doorman or place to leave their package securely, please contact us after placing your order. We will arrange with you a convenient day & time to deliver your package when someone is home so that your pup doesn't miss out on his food or treats.
Contact our Customer Service Team at 1.914.908.4200 Monday to Friday 9:00AM - 6:00PM EST or [email protected].
10. Return Policy
At Summer’s Paw we want you to have a great online shopping experience with us so our return policy is straightforward. If for any reason you are not 100% satisfied with an item, we will gladly accept your return within 30 days of delivery and refund the full purchase price of the item. We accept returns for items that are not expired, that are in its original and unopened condition and that are in its original packaging/box. We do not accept returns of opened or partially used dog food or treats unless there are quality issues.
If you would like to return an item please do not hesitate to contact our Customer Service Team at 1.914.908.4200 or [email protected] for return instructions and a Return Merchandise Authorization number (RMA). Returns are not accepted without a return authorization number. Unless there are quality issues, the return shipping cost is the responsibility of the customer.
Once we receive your return, you will receive an email indicating that your return was received. Your refund will be processed within 24 - 48 hours and a credit will be applied to your original method of payment.
If an item has been damaged from shipment, please contact our Customer Service Team immediately at 1.914.908.4200 or [email protected] so that we can address the situation and make things right for you.
11. Chargebacks and PayPal Disputes
Users may initiate disputes against us using the permitted method described in the “Forum of Dispute” section found further below in this Agreement. Where a User fails to use this method to initiate a dispute, and instead conducts a chargeback or PayPal dispute, that User shall be liable to Summer’s Paw for the full amount of that chargeback or PayPal dispute, as well as any reasonable attorneys’ fees, collection agency fees, court costs, and disbursements.
12. Our Copyright
Summer’s Paw relies heavily on its content to distinguish itself from its competitors and maintain its search engine rankings. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
13. Your Copyright
Summer’s Paw may permit you to post content to our Site. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“Summer’s Paw” is a trademark used by us, Summer’s Paw, LLC, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing business.
15. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
16. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
18. Choice of Law
This Agreement shall be governed by the laws in force in the State of New York. The offer and acceptance of this contract are deemed to have occurred in the State of New York.
19. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of New York. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within a small claims court within the State of New York (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
20. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Summer’s Paw shall have the sole right to elect which provision remains in force.
Summer’s Paw reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
23. Termination & Cancellation
We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
24. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will change this page accordingly. You must read and agree to the current version of this page each time you access our Service, and your continued use of our Service constitutes your acceptance of such changes.
26. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Summer’s Paw must be addressed to our agent for notice and sent via certified mail to: Summer’s Paw, LLC, P.O. Box 478, White Plains, New York, 10603, United States.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: January 1, 2014