WholesalePet.com Terms of Service
Last Updated: August 15, 2021
These terms and conditions (these "Terms") apply to the purchase and sale of third-party branded products (“Products”) through WholesalePet.com (“Website”). The Website is owned and operated by Retail Store Networks, Inc. d/b/a WholesalePet.com (“We”, “us”, “Company”).
Only those entities (each a “Dealer”) who have set up a Dealer Account (“Account”) with us can place orders for Product. If you have not set up an Account, you are not eligible to order Products from the Website or participate in any other offerings on the Website or through the Company.
The Terms are subject to change by us without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on the Website. We will notify you of any changes by posting a notice on the Website or by notifying you by email. Material changes may require your review and consent prior to placing an order.
1. Order Acceptance and Cancellation
You agree that any order for Product is an offer to buy, under these Terms, the Products in your order. All orders must be accepted by the Vendor. We or any Vendor may choose not to accept orders at our sole discretion. All orders are subject to Vendor’s Product inventory and availability. You will receive a status email upon receipt of you order.
2. Products
All of the Products on our Website are manufactured and offered for sale by third party Vendors (“Vendors”). Please see Warranty and Disclaimers below for more information and contact the Vendor for any questions regarding specific Products.
3. Prices and Payment Terms; Payment Processing
Terms of payment are set by the Vendor and any and all payments are processed by the Vendor. The price charged for a Product is determined by the Vendor at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable as provided by the Vendor. Please check each Vendor page for specific Vendor policies regarding pricing and price changes, discounts, promotions, shipping and other relevant policies that may apply to your order. Vendors will arrange for shipment of the Products to you. WholesalePet.com, in accordance with our Privacy Policy may have access to certain billing information for purposes of assisting Vendors with your order.
4. Returns and Refunds
We are not responsible for refunds or returns. Returns and refunds are handled according to each Vendor’s applicable policy on their Vendor page.
5. Warranty and Disclaimers
We do not manufacture or control any of the Products offered on our Website nor do we make any representations or warranties with respect to any individual Vendor or Product. The availability of Products through the Website does not indicate an affiliation with or endorsement of any Vendor, Product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the Products offered on the Website. Products are however covered by any applicable manufacturer’s warranty as detailed in the Product’s description or Vendor page on the Website and included with the Product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty and contact the Vendor directly
You acknowledge that we have no control over such Vendors and shall not be responsible or liable to you or anyone else related to your purchase of the Products or interaction with any particular Vendor. We cannot guarantee the availability of any Product and are not responsible for the discontinuation or suspension of access to any Product.
ALL PRODUCTS AND SERVICES OFFERED ON THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
6. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.
7. Intellectual Property
We or our Vendors and licensors are and will remain the sole and exclusive owners of all intellectual property rights in and to each Product or service offered on the Website and made available to our Customers, including any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Products or services made available through this Website.
8. Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such party's (the "Impacted Party") failure or delay is caused by or results from the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, pandemic, epidemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; and (h) shortage of adequate power or transportation facilities; and (i) other similar events beyond the control of the Impacted Party.
9. Governing Law and Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Virginia, without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Virginia.
10. Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
11. No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of each party.
12. No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any other entity other than Customer.
13. Notices
We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) posting to the Website. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
14. Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
15. Entire Agreement
These Terms, our order confirmation our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
16. Compliance with Law
Customer shall comply with all applicable laws, regulations and ordinances and shall maintain in effect all the licenses, permissions, authorizations, consents and permits that it needs to carry out its obligations under these Terms.
17. Security
We maintain commercially reasonable administrative, technical, and physical controls to protect any data collected on the Website. You are responsible for keeping any passwords to your Dealer Account confidential.