Terms of service

OVERVIEW
Welcome to the Scan-My-Pet landing page! The terms "we," "us," and "our" refer to the Scan-My-Pet landing page. Scan-My-Pet landing page operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). Scan-My-Pet landing page is powered by Shopify, enabling us to deliver the Services to you.

The terms and conditions below, including all policies referenced herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They contain important information regarding your legal rights and cover topics such as 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 [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, access to and use of our Services are not permitted.

ARTICLE 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age according to the laws of the state or province in which you reside and that you have given us permission to allow any minor dependents to use the Services on devices that you own, purchase, or manage.

To utilize the Services, including visiting or browsing our webshops or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you possess all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account login credentials and for all activities within your account. You may not transfer, sell, assign, or license your account to anyone else.

ARTICLE 2 - OUR PRODUCTS
We strive to provide the most accurate description possible of our products and services in our webshops. However, please note that colors and the appearance of the product may differ from how they are displayed on your screen. This is related to the type of device you use to access the store and the settings and configuration of that device.

We do not guarantee that the appearance or quality of the products or services purchased by you will meet your expectations or correspond with the display or description in our webshop.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products we offer per person, geographic region, or jurisdiction on a case-by-case basis.

ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. Scan-My-Pet reserves the right to accept or refuse your order at its sole discretion for any reason. Your order is only accepted once Scan-My-Pet has confirmed it. We must have received and processed your payment before your order is accepted. Please check your order carefully before submitting it. Scan-My-Pet may not be able to honor a cancellation request after your order has been accepted. In the event we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided during the ordering process.

You may only return or exchange purchases in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

ARTICLE 4 - PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the moment you place the order. This price will be stated in the confirmation email you receive after your order. Unless explicitly stated otherwise, listed prices exclude taxes, shipping costs, handling fees, customs duties, and import duties.

Prices displayed in our webshops may differ from prices in physical stores, or in webshops or other stores operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and to which terms and conditions apply that are separate from these Terms. In the event of a discrepancy between the terms of a promotion and these Terms, the promotion terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, upon change, 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 authorized to use the credit card for purchases; (iii) your charges will be honored by your credit card company; and (iv) you will pay the costs incurred by you at the posted prices, including shipping, handling, and all applicable taxes, if any.

ARTICLE 5 - SHIPPING AND DELIVERY
We are not liable for delays in shipping and delivery. All specified delivery times are merely estimates and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Once we have delivered the products to the carrier, title and risk of loss transfer to you.

ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, texts, displays, images, graphic elements, product reviews, video and audio, and the design, selection, and arrangement thereof, are the property of Scan-My-Pet, its affiliates, or licensors, and are protected by patent, copyright, and intellectual property laws in the United States and other countries.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You are not permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material within the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants you a license or other rights under any patent, trademark, copyright, or other intellectual property of Scan-My-Pet, 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 in these Terms are reserved by Scan-My-Pet.

The names, logos, product names, service names, design elements, and slogans of Scan-My-Pet are trademarks of Scan-My-Pet or its affiliates or licensors. You may not use such trademarks without prior written permission from Scan-My-Pet. The name, logo, product names, service names, design elements, and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans within the Services are trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS
You may be able to access customer tools provided by third parties as part of the Services. We do not monitor these tools and have no control or influence over them.

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 are in no way liable for damages arising from or related to your use of optional third-party tools.

Your use of optional tools offered through the site is entirely at your own risk and discretion. You must ensure that you are aware of and agree to the terms under which the tools are provided by the relevant third-party provider(s).

In the future, we may also 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 are subject to these Terms of Service.

ARTICLE 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites offered or managed by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you wish to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.

We are not liable for any damage or adverse consequences related to your visit to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please read the third party's policies and practices carefully and ensure you understand them before entering into a transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANTS: This article accurately describes Shopify's relationship with your store and may not be removed or modified.]
Scan-My-Pet utilizes Shopify to provide the Services to you. However, all sales and purchases made in our store are handled directly with Scan-My-Pet. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Scan-My-Pet, including injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities that may arise from or relate to your purchases from and transactions with Scan-My-Pet.

ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read the relevant Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services to provide and improve the Services. Information you submit to the Services is forwarded to and shared with Shopify, as well as with third parties that may be located in countries other than where you reside, so they can provide services to you. Please read our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal information.

ARTICLE 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, 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, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.

You further represent and warrant that (i) you are the owner of all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed all compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are not now, nor in the future, obligated to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, abusive, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate the rights of any third party, 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 otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and for its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information regarding or within the Services that contains typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information. We may also cancel orders if relevant information is inaccurate, at any time and without prior notice (including after you have submitted an order).

ARTICLE 13 - PROHIBITED USES
You may use the Services only for lawful purposes. You may not, either directly or indirectly, access or use the Services (a) for any unlawful or harmful activity; (b) to violate any international, national, federal, or provincial laws, regulations, rules, or local ordinances; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage, or intimidate our employees or other persons; (e) to submit false or misleading information; (f) to knowingly transmit, receive, upload, download, use, or re-use 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, and other similar solicitations; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other activity that restricts or inhibits anyone's use of the Services, or which, as determined by us, may harm Scan-My-Pet, Shopify, or users of the Services, or expose them to liability.

Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) use spam, phish, pharm, pretext, spider, crawl, or scrape; and (e) interfere with or circumvent the security features of the Services, related websites, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine you have violated any provision of these Terms.

ARTICLE 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.

The following articles shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions which by their nature should remain in effect after termination.

ARTICLE 15 - DISCLAIMER OF WARRANTIES
The information provided about or through the Services is made available solely for general information purposes. We do not warrant 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 and responsibility arising from any reliance placed on such materials by you, any other visitor to the Services, or by anyone who may be informed of any of its contents.

UNLESS EXPRESSLY STATED BY Scan-My-Pet, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER 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 GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN SOME JURISDICTIONS, THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED. THE ABOVE DISCLAIMER MAY THEREFORE NOT APPLY TO YOU.

ARTICLE 16 - LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Scan-My-Pet, 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. THIS INCLUDES, BUT IS NOT LIMITED TO, 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 PRODUCTS PROCURED 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 VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ARTICLE 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Scan-My-Pet, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any costs related to losses, damages, liabilities, or claims, including reasonable legal fees, made by any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate 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 in the event of a claim entitled to indemnification, provided that failure to provide timely notice shall not relieve you of your obligations unless you are materially prejudiced thereby. We may handle the defense and settlement of such a claim at your expense, including the use of counsel, but we will not settle claims requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You are required to cooperate in the defense of claims entitled to indemnification, including providing relevant documents.

ARTICLE 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision related to 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 respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms supersede 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 ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms to others without our prior written consent. Any attempt to do so is void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

ARTICLE 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or provincial courts in the jurisdiction where Scan-My-Pet has its headquarters. You and Scan-My-Pet consent to the authority and personal jurisdiction of the respective court.

ARTICLE 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 23 - 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. We will post updates and changes on our website. It is your responsibility to check our website periodically for changes. We will provide you with notice of material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. Your continued access to or use of the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

ARTICLE 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@scan-my-pet.com.
Our contact details are provided below:
Scan-My-Pet
info@scan-my-pet.com
Maindal 7, Capelle aan den IJssel
0637332314
Chamber of Commerce (KvK): 96359056
VAT: NL867576856B01