Terms of service

TERMS OF SERVICE AGREEMENT

This Terms of Service Agreement (“Agreement”) governs the purchase, possession, access to, and use of any product sold, supplied, or distributed by TG E-Commerce LLC, a limited liability company (“Company”), conducting business under the trade name Bad Habits Pet (“Trade Name”), (collectively, “Provider”), and is made effective as of the date and time of purchase by the customer (“Purchaser,” “User,” or “You”). By submitting payment for, acquiring, using, or otherwise benefiting from any product or service offered and/or distributed by Provider, Purchaser affirms, acknowledges, and irrevocably accepts all terms and conditions set forth herein. This Agreement supersedes and preempts any and all prior or contemporaneous agreements, negotiations, communications, representations, promises, warranties, statements, or understandings—written, oral, express, or implied—concerning the subject matter herein.

1. DEFINITIONS

For purposes of this Agreement:

  • “Product(s)” means any dog toy, accessory, or item sold, marketed, or provided by Provider.

  • “Website” refers to Provider’s online platform, site, or point-of-sale system.

  • “Purchase” means submission of payment, completion of a transaction, or other acquisition of Product(s).

  • “Applicable Law” denotes the statutes, regulations, ordinances, and case law of the State of North Carolina, as well as relevant federal law.

2. ACCEPTANCE OF TERMS, ELECTRONIC AGREEMENT

Purchaser expressly acknowledges having read, understood, and irrevocably accepted all terms, conditions, notices, policies, disclaimers, waivers, and limitations set forth in this Agreement prior to purchasing any Product(s) via Provider’s Website or through any other channel. Placement of any order or submission of payment constitutes full, informed, voluntary, and irrevocable acceptance of this Agreement. Electronic agreement, including checking a box, pressing a button, or otherwise manifesting assent, shall be deemed an original signature for all purposes and is legally binding.

3. NO RETURNS, NO REFUNDS, FINAL SALE

ALL SALES MADE BY PROVIDER ARE FINAL. Under no circumstances does Provider allow or process any returns, refunds, exchanges, replacements, credits, chargebacks, price adjustments, or other compensation of any nature, whether based in law, equity, consumer protection statutes, or otherwise. Purchaser, by accepting these terms, knowingly and irrevocably waives, relinquishes, and releases all rights to seek any return, refund, repair, replacement, or other remediation, whether for alleged defect, dissatisfaction, delay, damages, misrepresentation, non-conformity, or any other cause. Products are sold strictly “as is” and “with all faults,” and Purchaser is solely responsible for reviewing all product information prior to purchase. Provider does not offer, participate in, or engage in any dispute resolution activities regarding product condition, quality, suitability, merit, or satisfaction. All claims arising from dissatisfaction, perceived or actual defect, or any other reason, are expressly waived.

4. PRODUCT USE, ASSUMPTION OF RISK, DISCLAIMER OF WARRANTY

Provider’s Products are designed and intended exclusively for domestic pet and animal use in accordance with labeled instructions and prevailing industry practices.

Purchaser expressly acknowledges, understands, and voluntarily accepts that:

  • Dog toys and Products (“Products”) are not indestructible and may be damaged, destroyed, or rendered unsuitable through normal, extraordinary, or abusive use by pets.

  • Use of any Product carries inherent risks, including but not limited to injury, illness, property damage, or death to pets, persons, or property.

  • Products must be provided to pets only under the direct supervision of a responsible adult. Purchaser is responsible for all monitoring and safety measures.

  • Provider expressly disclaims and excludes any and all warranties, representations, promises, or assurances, whether express, implied, statutory, or otherwise, including but not limited to: implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE, non-infringement, durability, safety, performance, quiet enjoyment, accuracy of description, or freedom from defects, hazards, viruses, or other harmful characteristics.

  • No verbal or written information provided by Provider, its agents, associates or representatives shall constitute a warranty or modify this Agreement.

Provider does not warrant, represent, or guarantee the suitability, safety, durability, quality, appropriateness, or performance of any Product for any specific animal, breed, pet, or circumstance. All risks arising from, associated with, or relating to the acquisition, possession, use, or misuse of Products are assumed exclusively by the Purchaser.

5. LIABILITY LIMITATION, RELEASE, & INDEMNIFICATION

To the maximum extent permitted by Applicable Law, Provider disclaims and is not liable for, and Purchaser irrevocably waives, releases, and forever discharges Provider from, any and all claims, demands, actions, lawsuits, costs, losses, damages, fines, penalties, judgments, liabilities, expenses, fees (including attorney’s fees), causes of action, or remedies—known or unknown, direct or indirect, consequential, special, exemplary, punitive, or incidental—arising from, associated with, or relating to the purchase, possession, use, or misuse of Products, or any aspect of this Agreement.

Purchaser agrees to indemnify, defend, and hold harmless Provider, its members, managers, officers, directors, employees, contractors, agents, successors, and assigns, from and against any and all damages, costs, liabilities, losses, expenses, attorney’s fees, claims, and demands (actual, threatened, or alleged) incurred by Provider as a result of Purchaser’s breach of this Agreement, violation of law, or misuse of any Product.

Purchaser further waives, releases, and disclaims any rights under the North Carolina Products Liability Act (Chapter 99B of the North Carolina General Statutes) and other consumer protection statutes to the extent permitted by law, provided that nothing herein shall constitute a waiver of non-waivable rights under North Carolina law.

6. PRODUCT CONDITION ACKNOWLEDGMENT

Purchaser expressly acknowledges that Products may deteriorate, be chewed, bitten, scratched, torn, broken, or destroyed by pets during use. Such alteration, degradation, or destruction does not constitute a defect, fault, non-conformity, warranty claim, refund, or basis for return or replacement.

It is Purchaser’s sole responsibility to inspect, monitor, and determine the continued suitability, safety, and appropriateness of Products for pets. Purchaser shall immediately remove and dispose of any Product showing signs of damage, wear, or degradation. Provider assumes no liability for the continued safety, usability, suitability, or fitness of Products following purchase and transfer of possession.

7. GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTION

This Agreement, and all sales, issues, and disputes arising out of or relating thereto, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without regard to principles of conflicts of law. Purchaser irrevocably agrees that any action, suit, arbitration, or legal proceeding arising out of or related to this Agreement or the Products may only be instituted and maintained in the courts of appropriate jurisdiction over Provider in North Carolina. Purchaser waives all objections to jurisdiction, venue, or forum non conveniens.

8. SEVERABILITY, INTEGRATION, HEADINGS

If any provision, sentence, or portion of this Agreement is adjudged invalid, illegal, or unenforceable under Applicable Law, such provision shall be eliminated or limited to the minimum extent necessary. The remainder of the Agreement shall remain in full force and effect.

Section headings are for organizational convenience only and have no legal effect.

This Agreement constitutes the entire understanding and contract between Provider and Purchaser relating to the subject matter herein, and supersedes all prior or contemporaneous agreements, promises, communications, or representations.

9. PRIVACY, DATA, AND COMMUNICATION

Provider may collect, process, store, and use Purchaser’s personal information solely as necessary to process orders, communicate notices, and comply with Applicable Law. Purchaser authorizes Provider to transmit notices, policy updates, and other communications electronically, using the email, phone number, or mailing address provided at purchase.

10. MODIFICATIONS AND UPDATES

Provider reserves the unconditional right to modify, amend, revise, or update these Terms of Service from time to time, with or without notice, and such modifications shall be effective immediately upon posting to Provider’s Website. Purchaser’s continued purchase, possession, or use of any Product following any amendment constitutes binding acceptance of the modified Agreement.

11. ACKNOWLEDGMENT AND ACCEPTANCE

PURCHASER HEREBY ACKNOWLEDGES HAVING READ, UNDERSTOOD, AND IRREVOCABLY AGREED TO ALL TERMS, CONDITIONS, DISCLAIMERS, WAIVERS, AND LIMITATIONS SET FORTH IN THIS AGREEMENT AND VOLUNTARILY ACCEPTS ALL RISKS ASSOCIATED WITH THE PURCHASE AND USE OF PRODUCTS FROM TG E-COMMERCE LLC D/B/A BAD HABITS PET.

This Agreement is legally binding upon Purchaser upon submission of payment for any Product, regardless of whether a physical or electronic signature is provided.