Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to B&S. The terms “we,” “us,” and “our” refer to B&S. B&S operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience. B&S is powered by Shopify, which enables us to provide the Services.
These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when using our Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranties, disclaimers, and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you must not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible on our online store. However, please note that the colors or appearance of a product may differ from how they appear on your screen due to the type of device you use to access the store and the settings of that device.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be exactly as shown or presented in our online store.
All product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. B&S reserves the right to accept or reject your order for any reason, at our sole discretion. Your order will not be accepted until B&S confirms acceptance. We must receive and process your payment before accepting your order.
You should review your order carefully before completing your purchase, as B&S may not be able to process cancellation requests after an order has been accepted. If we do not accept an order, make a change to an order, or cancel an order, we will attempt to notify you by contacting you through the email address, billing address, or phone number provided at the time the order was placed.
You may return or exchange your purchase only in accordance with our Refund Policy
You represent and warrant that your purchase is for personal or household use and not for resale or commercial export.
SECTION 4 - PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in the order confirmation email sent to you. Unless expressly stated otherwise, listed prices do not include taxes, shipping charges, handling fees, customs duties, or import charges.
Prices listed in our online store may differ from prices offered in physical stores, other online stores, or stores operated by third parties. From time to time, we may offer promotions through the Services that may affect pricing and may be governed by terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that:
(i) the credit card information you provide is true, correct, and complete;
(ii) you are duly authorized to use such credit card for the purchase;
(iii) charges incurred by you will be honored by your credit card company; and
(iv) you will pay the charges incurred by you at the listed prices, including shipping and handling fees and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for any shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We will not be liable for delays caused by the carrier, customs procedures, or events beyond our control. Once we transfer products to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brand names, text, samples, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are owned by B&S, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, trademark, and other intellectual property laws.
These Terms allow you to use the Services only for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be interpreted as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property rights of B&S, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by B&S.
The names, logos, product and service names, designs, and slogans of B&S are trademarks of B&S or its affiliates or licensors. You must not use such trademarks without the prior written permission of B&S. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to customer tools offered by third parties as part of the Services. We do not monitor, control, or have any input over these tools.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without endorsement. We will have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms under which such tools are provided by the relevant third-party providers.
We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including any embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We will not be liable for any harm or damages related to your access to any third-party website, or your purchase or use of any products, services, resources, or content on any third-party website. Please carefully review the third party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
B&S operates using Shopify technology, which enables us to provide the Services. However, any sale or purchase made through our store is made directly with B&S.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and B&S, including any injury, damage, or loss resulting from the purchase of products or services.
You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchase and transaction with B&S.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read this Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve our Services. Information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in a country other than the one in which you reside, in order to provide the Services.
Please review our Privacy Policy for more information about how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content, collectively referred to as “feedback,” you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such feedback in any medium for any purpose, including commercial use.
For example, we may use our rights under this license to operate, provide, evaluate, improve, optimize, and promote the Services and to comply with our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that:
(i) you own or have all necessary rights to all feedback;
(ii) you have disclosed any compensation or incentive received in connection with submitting your feedback; and
(iii) your feedback complies with these Terms.
We are under no obligation:
(1) to maintain any feedback in confidence;
(2) to pay compensation for any feedback; or
(3) to respond to any feedback.
We may, but have no obligation to, monitor, edit, or remove feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, otherwise objectionable, or in violation of any party’s intellectual property rights or these Terms of Service.
You agree that your feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, nor contain any computer virus or other malware that could in any way affect the operation of the Services or any related website.
You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of any feedback. You are solely responsible for any feedback you provide and its accuracy. We assume no responsibility for any feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on or through the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial, state, or local law, regulation, rule, or ordinance;
(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person;
(e) to transmit false or misleading information;
(f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms;
(g) to transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam, or any other similar solicitation;
(h) to impersonate or attempt to impersonate any other person or entity; or
(i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, as determined by us, may harm B&S, Shopify, or users of the Services, or expose them to liability.
In addition, you agree not to:
(a) upload or transmit viruses or any other type of malicious code that could affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, scrape, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) spam, phish, pharm, or pretext the Services;
(e) use any robot, spider, scraping tool, data mining or extraction tool, automated device or process, artificial intelligence tool, or automated or manual means to access the Services; or
(f) interfere with, bypass, or circumvent security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section, “Agent Terms,” applies if you use, allow, enable, or cause the implementation of an Agent to access, use, or interact with any Service. “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of, or at the instruction of, any person or entity and that may run on behalf of or using a person’s device without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.
14.3 We may limit, including through technical measures, the access, use, and interaction of any Agent with the Services.
14.4 Agents must:
(i) in every HTTP/HTTPS request, identify that the request comes from an Agent and disclose the name of the Agent by including the following in the user-agent field of the request: “Agent/[agent name]”;
(ii) not conceal or create confusion about the fact that any access, use, or interaction comes from an Agent, including by imitating human behavior or interaction patterns, or by completing or bypassing CAPTCHAs or measures intended to distinguish computer use from human use;
(iii) respond truthfully to any question or instruction intended to determine whether interactions come from a human or a computer; and
(iv) not bypass or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any part of them, at our sole discretion at any time without prior notice. You will remain responsible for all amounts due up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of their contents.
UNLESS EXPRESSLY STATED BY B&S, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL B&S, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT.
THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless B&S, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including attorneys’ fees, payable to any third party due to or arising from:
(1) your breach of these Terms of Service or the documents incorporated by reference;
(2) your violation of any law or the rights of a third party; or
(3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent, which shall not be unreasonably withheld. You agree to cooperate in the defense of indemnification claims, including by providing relevant documents.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in relation to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including but not limited to any prior versions of the Terms of Service.
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide you with Services shall be governed by and construed in accordance with the laws of the jurisdiction in which B&S has its principal place of business. You and B&S agree to the personal jurisdiction and venue of the courts located in that jurisdiction.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes.
We will notify you of any material changes to these Terms as required by applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after any changes to these Terms of Service are posted constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to: contact@byspetstore.com
Our contact information is as follows: