TERMS AND CONDITIONS
Last updated April 24, 2023
These terms and conditions (the “Terms and Conditions”) govern the use of https://www.xldogshop.com/ (the “Site”).
This Site is owned and operated by XL Dog Shop Inc.
This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
1. Intellectual Property
a. All content published and made available on our Site is the property of XL Dog Shop Inc. and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
2. Age Restrictions
a. The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
3. Acceptable Use
a. As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
i. Harass or mistreat other users of our Site;
ii. Violate the rights of other users of our Site;
iii. Violate the intellectual property rights of the Site owners or any third party to the Site;
iv. Hack into the account of another user of the Site;
v. Act in any way that could be considered fraudulent; or Post any material that may be deemed inappropriate or offensive.
b. If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
4. User Contributions
a. Users may post the following information on our Site:
i. Photos;
ii. Videos; and
iii. Public Comments
b. By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.
5. Photo Release
a. By uploading any photos to our website XL Dog Shop Inc., (the Website), you (the User) consent to the following terms:
i. Ownership: By submitting the image or photograph to the website, the User represents and warrants he/she/they have obtained the necessary permissions and clearances with the photographer or owner of the image or photography.
ii. Grant of License. The User grants to our website a perpetual, irrevocable and royalty-free license to reproduce, distribute and display any photograph or image for the purpose of promoting, operating and marketing the website. This may include the use of the photo on XL Dog Shop Inc.’s social media pages, event brochures and other materials as XL Dog Shop deems appropriate.
iii. Waiver of Rights. The User waives all rights, including the right to inspect and approve any usage of the image or photograph. This includes any use which may be considered derogatory or defamatory.
iv. Indemnification : The user agrees to indemnify our website and affiliates from all claims, damages and liabilities, including reasonable legal costs, arising out of or in connection with the use of any photograph or image submitted.
v. The laws of Ontario will govern and interpret this Photo Release clause.
6. Accounts
a. When you create an account on our Site, you agree to the following: i. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
ii. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal
information if it changes.
iii. We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
7. Sale of Goods
a. These Terms and Conditions govern the sale of goods available on our Site. The following goods are available on our Site:
i. Pet products and accessories
ii. Pet related products and accessories
b. These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.
c. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
8. Payments
a. We accept the following payment methods on our Site:
i. Visa
ii. Mastercard
iii. American Express
iv. Apple Pay
b. When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
9. Shipping and Delivery
a. When you purchase goods from our Site, the goods will be delivered through one of the following:
i. Standard mail (Canada Post)
b. Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
c. You may be required to pay delivery charges in addition to the price for the goods purchased.
d. If you purchase goods from us for delivery to a destination outside Canada your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
e. You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
10. Return policy
a. XL Dog Shop Inc. strives for User satisfaction with every purchase. If for any reason, within 30 days after the purchase, we will accept the return of unopened and unused packaging. All returns must be approved. For return and approval instructions, email XL Dog Shop Inc. at info@xldogshop.com and include details of your return and images of the product.
b. Once the returned products have been received, they will be checked for their original condition and that the packaging has not been opened. XL Dog Shop Inc. issues a full refund of the original purchase price. The shipping and handling fee from the original order will not get refunded.
c. XL Dog Shop Inc. has the right to refuse all returns that don’t meet the above criteria, or that are returned with no approval. Please direct all questions and concerns about returns to info@xldogshop.com .
11. Return Shipping
a. XL Dog Shop Inc. will not pay for the return shipping. This is the responsibility of the Purchaser/User.
12. Consumer Protection Act
a. Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
13. Legal Disclaimer
a. This website (the “Site”) caters to large and giant breed dogs.
b. XL Dog Shop Inc. does not offer any warranty or guarantee and is not liable for any loss or injury, claim or legal liability, responsibility or damage (damages) related to the misuse or use of the Site and products purchased from the Site. This includes any errors or omissions that may be present in the Site’s content or on any linked Site, or from any goods or services purchased through the Site. We are not responsible if you suffer any damage from using the Site or products purchased.
c. The Purchaser is responsible for making the correct selections and purchases from the Site.
d. The Purchaser, the User and the Recipient are responsible for the use of the Site and its products.
e. Please refer to our Terms and Conditions for details on any exceptions, such as our User Goods and Services.
f. We have made every effort to make the Site and its features compatible with all of the most popular browsers. However, we can’t guarantee that each feature will work on your browser.
g. XL Dog Shop Inc. is not responsible for any information, products, or services provided by linked sites. It also does not assume responsibility for any interpretation, application, or use of such information, products, or services. XL Dog Shop Inc. also does not endorse the content of any advertisements on the Site nor do they assume responsibility for their quality or integrity.
h. Refer to our Terms and Conditions for more information.
14. Limitation of Liability
a. XL Dog Shop Inc. and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
15. Indemnity
a. Except where prohibited by law, by using this Site you indemnify and hold harmless XL Dog Shop Inc. and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
16. Applicable Law
a. These Terms and Conditions are governed by the laws of the Province of Ontario.
17. Dispute Resolution
a. Subject to any exceptions specified in these Terms and Conditions, if you and XL Dog Shop Inc. are unable to resolve any dispute through informal discussion, then you and XL Dog Shop Inc. agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding.
b. Any mediator or arbitrator must be a neutral party acceptable to both you and XL Dog Shop Inc.
c. The costs of any mediation or arbitration will be shared equally between you and XL Dog Shop Inc..
d. Notwithstanding any other provision in these Terms and Conditions, you and XL Dog Shop Inc. agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
18. Severability
a. If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
19. Changes
a. These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
20. Contact Details
a. Please contact us if you have any questions or concerns. Our contact details are as follows: info@xldogshop.com
b. XL Dog Shop Inc may also be contacted through the feedback form on the website.
Effective Date: 24th day of April, 2023