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Overview
This website is operated by KIMO PET. Throughout the site, the terms “we”, “us” and “our” refer to KIMO PET. KIMO PET offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject 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 to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 – Online Store Terms
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 – Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 – Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
Section 5 – Products or Services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 – Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Section 7 – Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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 any endorsement. We shall have no liability whatsoever 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, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 – Third-Party Links
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Section 9 – User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Additionally, you agree that your comments won’t contain unlawful, abusive, or obscene material, nor any computer virus or malware that could impact the operation of the Service or related websites.
You must not use a false email address, impersonate someone else, or mislead us or third parties about the origin of any feedback or comments. You are solely responsible for the accuracy of your submissions. We are not liable for any comments posted by you or any third party.
Section 10 – Personal Information
The personal information you provide through the store is governed by our Privacy Policy. You can review that policy by visiting: Privacy Policy.
Section 11 – Errors, Inaccuracies, and Omissions
From time to time, there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, delivery 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 in the Service or on any related website is inaccurate at any time without prior notice (even after you’ve submitted an order).
We are not obligated to update, amend, or clarify information in the Service or on any related website unless required by law. No specific update or refresh date should be interpreted to indicate that all information in the Service has been modified.
Section 12 – Prohibited Uses
In addition to other restrictions outlined in these Terms, you are prohibited from using the site or its content:
- For any unlawful purpose
- To solicit others to perform or participate in unlawful acts
- To violate international, federal, provincial, or state regulations, rules, laws, or ordinances
- To infringe upon or violate our intellectual property rights or the rights of others
- To harass, abuse, insult, harm, defame, slander, intimidate, or discriminate
- To submit false or misleading information
- To upload or transmit viruses or malicious code
- To collect or track personal data of others
- To spam, phish, pretext, spider, crawl, or scrape
- For any obscene or immoral purpose
- To interfere with or circumvent security features of the Service or related sites
We reserve the right to terminate your use of the Service or any related website if you violate any of these prohibited uses.
Section 13 – Disclaimer of Warranties; Limitation of Liability
We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results obtained from the service will be accurate or reliable. You agree that we may remove the service for indefinite periods or cancel it at any time without notice.
Your use of the service is at your sole risk. The service and all products and services delivered through it are provided “as is” and “as available,” without any warranties, either express or implied, including merchantability, fitness for a particular purpose, or non-infringement.
In no case shall KIMO PET, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct or indirect damages of any kind, including lost profits, lost revenue, lost savings, data loss, or replacement costs, whether based in contract, tort, or otherwise, arising from your use of any part of the service or any product purchased through it even if advised of their possibility.
Section 14 – Indemnification
You agree to indemnify, defend, and hold harmless KIMO PET and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees—harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they reference, or your violation of any law or third-party rights.
Section 15 – Severability
If any part of these Terms of Service is deemed unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be considered severed from the Terms. This determination does not affect the validity and enforceability of the remaining provisions.
Section 16 – Termination
The obligations and liabilities of both parties incurred before the termination date will continue to apply after termination of this agreement for all purposes.
These Terms remain in effect unless terminated by either you or us. You may terminate them at any time by notifying us that you no longer wish to use our Services or by discontinuing your use of our site.
We may also terminate this agreement at any time without notice if we suspect, in our sole judgment, that you’ve failed to comply with any term or provision of these Terms. You will remain liable for all amounts due up to the date of termination, and we may deny you access to our Services (or any part of them) as a result.
Section 17 – Entire Agreement
These Terms of Service, along with any policies or operating rules posted by us on this site or regarding the Service, constitute the complete agreement and understanding between you and us. They govern your use of the Service and supersede any prior agreements, communications, or proposals—whether oral or written—between you and us (including prior versions of these Terms).
Any ambiguities in interpreting these Terms shall not be held against the drafting party.
Section 18 – Governing Law
These Terms of Service and any agreements for services we provide shall be governed by and interpreted according to the laws of the United States and the State of North York.
Section 19 – Changes to Terms of Service
You can review the most recent version of the Terms of Service at any time on this page.
We reserve the right, at our discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It’s your responsibility to check this page periodically for updates. Continued use of or access to the website following changes to the Terms constitutes acceptance of those changes.
Section 21 – Rewards Membership: Trial and Subscription Terms
Rewards Membership
We offer a subscription-based membership program, known as “Rewards,” which provides members with benefits such as premium discounts, exclusive offers, insider content, and complimentary shipping on select items. These benefits are subject to the terms outlined herein and as presented at the time of enrollment. Please note that we may modify the promotional terms of the Rewards program periodically; however, any increase in fees will be communicated in advance, allowing you the opportunity to cancel if you choose. Occasionally, additional deals may be offered, details of which will be provided during the checkout process.
14-Day Complimentary Trial
New members may be eligible for a 14-day free trial of the Rewards membership. During this trial period, you will not be charged for the membership; however, any physical products purchased will incur charges. To initiate the trial, valid payment information is required. Unless canceled as described below, the membership fee, including applicable taxes, will be charged at the conclusion of the trial period.
Automatic Billing and Renewals
Upon the end of your trial, your provided payment method will be charged the standard Rewards membership fee (excluding taxes). The membership will automatically renew every 30 days, with the fee charged to your payment method each cycle, until you decide to cancel.
Cancellation Policy
To discontinue your Rewards membership after the trial or at any subsequent time, please complete the “Cancel Membership” form available on our website or email us at [email protected]. Ensure that cancellation requests are submitted at least three days prior to the next billing date. Include your full name and the email and physical address associated with your account in your cancellation request.
Section 22 – Billing Practices
By subscribing to the Rewards program, you authorize us to charge your payment method for the membership fee, including any applicable taxes, at the end of the trial period and on a recurring basis every 30 days thereafter. It is your responsibility to ensure that your payment information is current and accurate. If a payment is declined, we may attempt to process the charge again or contact you for updated information.
We reserve the right to modify the membership fee, with any changes communicated to you in advance. Continued use of the Rewards program after such changes constitutes your agreement to the new fees.
Section 23 – Dispute Resolution
Governing Law
These Terms of Service and any agreements for services we provide shall be governed by and interpreted according to the laws of the United States and the State of North York.
Arbitration Agreement
In the event of any dispute arising out of or relating to these Terms of Service or the breach thereof, the parties agree to first attempt to resolve the dispute through informal negotiation. If the dispute cannot be resolved informally, it shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Brooklyn, North York, and the judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other, and you agree not to participate in any class action or class-wide arbitration.
Contact Information:
Store name: LoveThyPet
Company Legal Name: KIMO PET
VAT Number: FR81907996847
Email address: [email protected]
Phone number: +1 914-506-5275
Store Address: 164 Union St, Brooklyn, NY 11231, United States
Support Hours: Mon to Fri: 9:00 AM to 5:00 PM