Puppy Purchase Terms and Conditions

PUPPY PURCHASE TERMS AND CONDITIONS

READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU CLICK “AGREE”

This Puppy Purchase Terms and Conditions Agreement, and its addendum, (“Purchase Terms”) applies to all orders and purchases of a puppy or other live animal by you (“Purchaser”) from PupsLuv, owner of the website, pupsluv.com, and services contained there (“PupsLuv). These Purchase Terms apply to all orders and purchases of any live animal through PupsLuv online store and mobile application (collectively, the “Store”) and supplement the general Terms of Use of the services found here and the Privacy Policy found here, which shall also apply to the relationship between PupsLuv and Purchaser. PupsLuv does not accept any conflicting or deviating terms from these Purchase Terms unless agreed to in writing by PupsLuv.

BY CLICKING THE “AGREE” BUTTON, PURCHASER (A) ACKNOWLEDGES THAT PURCHASER HAS READ AND UNDERSTANDS THE PURCHASE TERMS; (B) ACCEPTS THE PURCHASE TERMS AND AGREES THAT PURCHASER IS LEGALLY BOUND BY THE PURCHASE TERMS; AND (C) HAS THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT. IF PURCHASER DOES NOT AGREE TO THE PURCHASE TERMS, PURCHASER SHALL NOT COMPLETE ANY PURCHASE OR TRANSACTION WITH PUPSLUV.

1. PURCHASE PRICE. By purchasing a puppy or other live animal from PupsLuv (a purchased animal is referred to as a “Puppy” throughout), Purchaser agrees to pay the purchase price and any required taxes or other fees. Purchaser may be required to pay taxes and fees not collected by PupsLuv and Purchaser acknowledges that it is the Purchaser’s responsibility to determine if any taxes must be paid for any purchase from PupsLuv. Each purchase of a Puppy from PupsLuv will include an invoice with applicable sales information and all terms contained on such invoice shall be considered a part of these Purchase Terms. Other than the terms of the Limited Puppy Assurance in Section 3 or applicable state laws, the purchase of a Puppy is final and offered as-is with all faults. This includes all circumstances, including marital and landlord disputes, personal medical limitations, allergic reactions, loss of income, and reasons not contained in the Limited Puppy Assurance.

2. DELIVERY.  Delivery should be scheduled within twenty-one (21) days of purchase.  Purchaser understands that Puppy safety is of the utmost importance, and thus delivery date may be adjusted for weather, health, scheduling, or other circumstances, without affecting the enforceability of the purchase agreement. It is highly recommended that Purchaser personally meet Puppy on the date of delivery, and examine and bond with Puppy when taking possession.  Purchaser acknowledges ownership of Puppy passes to Purchaser on possession.  In the event that Purchaser wishes to appoint an agent (“Agent”) to accept Puppy on Purchaser’s behalf, Purchaser must complete a written form appointing such Agent and acknowledging certain risks.  PupsLuv is not responsible for any actions or negligence of Agent, and cannot guarantee the safe transport of Puppy between Agent and Purchaser.  Purchaser assumes all responsibility if Agent fails to adequately inspect Puppy before taking possession.  In the unlikely event that the delivery of the Puppy becomes impossible due to a health emergency or other rare event, Purchaser will be offered a credit toward the purchase of another puppy, or may opt to terminate the Contract.

3. ALL SALES ARE FINAL.  Purchasing a pet is a big commitment.  Purchaser is responsible for researching and weighing the risks, benefits, lifestyle and health consequences, potential allergic reactions, suitability for life in a rental unit or condominium association, suitability for a family, financial commitment, and other consequences of purchasing a pet.  If Purchaser has any reservations or needs to further research the consequences of a pet purchase, Purchaser should not make a purchase.  Pets are living creatures, each with unique challenges.  PupsLuv makes no assurance that the Puppy or any pet sold by PupsLuv will be non-shedding or hypoallergenic, or that Purchaser will not incur veterinary treatment expenses for Puppy illnesses, defects, or injuries, and Purchaser should not purchase Puppy with such expectation.  Purchaser acknowledges and agrees that ALL SALES ARE FINAL. 

4. DISCLAIMER OF WARRANTIES.  Except as expressly provided in PupsLuv’s Limited Assurance Policy (See Addendum), which Purchaser has reviewed, PupsLuv disclaims all warranties, implied or express, under state or federal statute or common law.  Puppies are not sold with an implied warranty of merchantability or fitness for a particular purpose.

5. DNA/BREED DISCLAIMER.  PupsLuv relies on the representations of breeders and the associated registry for historical data, and makes no further representation or guarantees of the dog’s DNA, physical characteristics, gait, personality, or breed markers.  A Puppy is a living creature and with rare exceptions, no two creatures have identical DNA.  Additionally, all domestic dogs share common historical ancestry from millennia ago.  For these reasons and many others, the use of commercially-manufactured canine DNA tests to attempt to discern breed lineage can be inaccurate.  Purchaser specifically agrees that Purchaser is not purchasing Puppy based on any representation about Puppy’s DNA, lineage, breed, etc., but rather is purchasing Puppy as is.

6. CONCERNS, DISPUTES, BINDING ARBITRATION, AND WAIVERS.  In the event of a concern about your Puppy or the service provided by PupsLuv, Purchaser should review PupsLuv’s Limited Assurance Policy, which provides channels for Purchaser to resolve issues.  If all ordinary channels as outlined in PupsLuv’s Limited Assurance Policy are exhausted, any controversy or claim between Purchaser, PupsLuv, and any third-party contractor working on behalf of PupsLuv or otherwise affiliated with this transaction shall be handled by binding arbitration in accordance with the Purchaser Arbitration Rules of the American Arbitration Association, whether such controversy or claim relates to contract, tort, or otherwise.  Arbitration shall be held in Kent County, Delaware and Delaware law shall apply.  Purchaser forever waives any right to sue, any right to civil trial by jury, or any right to be party to or serve as a representative in a class action against PupsLuv or any third-party contractor working on behalf of PupsLuv or otherwise affiliated with this transaction.  Purchaser waives any claims under the Magnuson-Moss Warranty Act, the Telephone Consumer Protection Act, any state pet lemon laws, and any and all other statutes, regulations, cases, or legal theories that would otherwise govern this transaction.  The losing party shall pay all attorney fees, court costs, expert witness fees, and other expenses incurred in settling any dispute.

7. LIMITATION OF LIABILITY.  In the event of a controversy or claim under the Contract, including its Addendum, PupsLuv shall not be liable for any amount greater than the purchase price of Puppy.  Neither party shall claim or be liable for punitive damages, exemplary damages, special damages, or indirect/incidental/consequential damages.

8. Indemnification. Purchaser shall indemnify hold harmless, and defend PupsLuv and its parent, officers, directors, partners, members, shareholders, employees, agents, affiliates, third-party contractors, successors and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, fees, and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by Indemnified Party (collectively, “Losses”), arising out of or relating to any claim of a third party resulting from a (a) breach of these Purchase Terms by Purchaser, (b) alleging or relating to any negligent or more culpable act or omission of Purchaser in connection with the performance of its obligations under these Purchase Terms; (c)  alleging or relating to any bodily injury, death of any person or damage to real or tangible personal property caused by the negligent acts or omissions of Purchaser or its personnel; or (d) any claim related to the Puppy or the actions of the Puppy that commences after delivery of Puppy to Purchaser.

9. Termination. PupsLuv may terminate its services, these Purchase Terms, and any pending Puppy order at any time in its own discretion. If PupsLuv cancels an order or terminates its services, Purchaser will not be charged for any undelivered order.

10. Miscellaneous. Any waiver by either party of a breach of any provision of these Purchase Terms shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Purchase Terms. The failure of a party to insist upon strict adherence to any term of these Purchase Terms on one or more occasions shall neither be considered a waiver nor deprive that party of any right thereafter to insist upon strict adherence to that term or any other term of these Purchase Terms. Any waiver must be in writing and explicitly state that it constitutes a waiver of a specific term of these Purchase Terms. If any portion of these Purchase Terms are held invalid, such invalidity shall not affect the validity of the remaining portions of these Purchase Terms, and the parties will substitute for any such invalid portion hereof a provision which best approximates the effect and intent of the invalid provision. These Purchase Terms shall be governed by the laws of the State of Delaware (excepting any conflict of laws or provisions which would serve to defeat application of Delaware substantive law).  Each of the parties to these Purchase Terms hereby irrevocably and unconditionally: (i) consents to submit to the exclusive jurisdiction of the courts of Kent County, Delaware for any proceeding arising in connection with these Purchase Terms and each such party agrees not to commence any such proceeding except in such courts, and (ii) waives any objection to the laying of venue of any such proceeding in the courts of Kent County, Delaware, paragraph titles of these Purchase Terms are for conveniences only and shall not define or limit any of the provisions hereof. These Purchase Terms are intended as the complete and exclusive statement of the agreement between Purchaser and PupsLuv with respect to the subject matter hereof, and supersede all prior agreements and negotiations related thereto. The provisions hereof shall be binding upon and shall inure to the benefit of Purchaser and PupsLuv, their respective successors, and permitted assigns.

Date last updated: August 4, 2020

ADDENDUM:

PUPSLUV’S LIMITED ASSURANCE POLICY

1. PRE-PURCHASE PUPPY CARE.  The Puppy has been provided commonly recommended vaccinations and recommended veterinary protocols to date.

2. MANDATORY FORTY-EIGHT (48)-HOUR VETERINARIAN VISIT.  Purchaser must ensure a licensed veterinarian examines Puppy within forty-eight (48) hours of acceptance, Sundays and Federal Holiday excluded.  FAILURE TO COMPLY ENDANGERS THE SAFETY OF PUPPY AND VOIDS PUPSLUV’S LIMITED ASSURANCE POLICY. 

3. CARING FOR YOUR NEW PUPPY.  During the first two (2) weeks in a new home, puppies are still adjusting to a new environment.  In addition to scheduling the forty-eight (48) hour veterinarian visit, keeping your Puppy well-rested and well-fed during this time will help your Puppy stay healthy and thrive.  Purchaser should make every effort to keep other household pets away from Puppy for two (2) weeks, given the incubation period for many dangerous canine infections.

4. FOURTEEN (14) DAY LIMITED ASSURANCE.  In the event that a licensed veterinarian diagnoses the Puppy with one of the infections listed below, during the fourteen (14) days immediately following the date of receipt of Puppy, with proper documentation, PupsLuv will reimburse Purchaser up to the amounts in the following schedule:

Puppy Assurance Item	Reimbursement amount
Campylobacter Treatment	$500
Cherry Eye	$400
Distemper Treatment	Up to the Puppy Purchase Price
Ear Infection or Ear Mites	$50
Entropion Repair	$1000
Hernia	$150
Intestinal Parasite Treatment	$75
Parvo Virus Treatment	Up to the Puppy Purchase Price
Pneumonia	Up to the Puppy Purchase Price
Undescended Testicle Surgery	$200
Urinary Tract Infection	$100

After fourteen (14) days, PupsLuv’s Limited Assurance Policy lapses.  No other conditions will be covered by PupsLuv, and at no point will reimbursement ever exceed the Puppy’s Sales Price.

5. NOTIFICATION.  Purchaser agrees to notify PupsLuv immediately if your Puppy is diagnosed with Parvovirus, Hepatitis, Giardia, Coxidia, Distemper, or Canine Influenza within the first fourteen (14) days after purchase.  Failure to immediately notify PupsLuv increases the risk of a health emergency later.

6. EXCEPTIONS.  PupsLuv’s Limited Assurance does not cover training, behavior problems, temperament issues, hypoglycemia, allergies, or congenital health defects of any kind.  Further, no coverage exists for infections from other household pets, injuries after delivery of Puppy, or other problems occurring after purchase. PupsLuv’s Limited Puppy Assurance is not an insurance policy of any kind.  Purchaser is aware and agrees that no further coverage exists beyond the coverage outlined in PupsLuv’s Limited Assurance Policy. Purchaser forever holds PupsLuv and its Directors and Officers, and third party contractors involved in this transaction harmless for all post-purchase costs, damages, and expenses of any kind, including veterinary and human health costs. This guarantee gives you specific legal rights, and you may also have other rights which vary from state to state.

Purchaser has thoroughly reviewed and understands PupsLuv’s Limited Assurance Policy, which is effective as of the date signed below.

Date last updated: August 4, 2020

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