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Terms of service

Overview

Welcome to the Scan-My-Pet website! The terms "we", "us" and "our" refer to Scan-My-Pet. Scan-My-Pet operates this store and website, including all related information, content, features, tools, products and services, to offer you, the customer, a personalised shopping experience (the "Services").

The terms and conditions below, together with any policies referenced in them (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and cover topics such as disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service or the Privacy Policy, you are not permitted to access or use our Services.

Article 1: Access and account

By agreeing to these Terms of Service, you represent that you have reached the legal age of majority under the laws of the country in which you reside, and that you have given consent for any minor dependants to use the Services on devices you own, purchase, or control.

To use the Services, including browsing our store or purchasing products or services we offer, 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 store is accurate, current and complete, and that you have all necessary rights to provide that information.

You are solely responsible for keeping your account credentials secure and for all activity under your account. You may not transfer, sell, assign or license your account to anyone else.

Article 2: Our products

We do our best to describe our products and services in our store as accurately as possible. However, please note that colours and product appearance may vary from how they appear on your screen, depending on the device you use to visit the store and its settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match the display or description in our store.

All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time, and to limit the quantities offered 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 decline 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 honour a cancellation request once your order has been accepted. If we do not accept, change or cancel an order, we will try to notify you via the email address, billing address and/or phone number you provided during checkout.

You may only return or exchange purchases in accordance with our Returns Policy.

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

Article 4: Prices and payment

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 time you place your order. This price is stated in the confirmation email you receive after ordering. Shipping within the Netherlands and the rest of Europe is always included in the stated price. For the rare orders outside Europe, additional shipping costs may apply, and any customs duties and import charges are the responsibility of the recipient. Unless expressly stated otherwise, listed prices exclude taxes.

Prices shown in our store 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 that may affect pricing and that are subject to conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will apply.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct and complete; (ii) you are authorised to use the payment method for purchases; (iii) charges will be honoured by your payment provider; and (iv) you will pay the charges you incur at the stated prices, including shipping, handling and any applicable taxes.

Article 5: Shipping and delivery

We are not liable for delays in shipping and delivery. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or circumstances beyond our control. Once we hand the products over to the carrier, ownership and the risk of loss transfer to you.

Article 6: Intellectual property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio material, and their design, selection and arrangement, are owned by Scan-My-Pet, its affiliates or licensors, and are protected by patent, copyright and other intellectual property laws.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not 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 licence or other right under any patent, trademark, copyright or other intellectual property of Scan-My-Pet or any third party. Unauthorised use of the Services may constitute a breach of applicable intellectual property law. 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 / UrnMyPet are trademarks of Scan-My-Pet or its affiliates or licensors. You may not use these trademarks without Scan-My-Pet's prior written consent. 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 given access to third-party tools as part of the Services. We do not monitor or have any control or input over such 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 any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Your use of any optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with, and approve of, the terms on which the relevant third-party provider(s) offer such tools.

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 subject to these Terms of Service.

Article 8: Third-party links

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you choose to leave the Services to visit such third-party materials or sites, you do so at your own risk.

We are not liable for any harm or damages related to your visits to third-party websites, or your purchase or use of products, services, resources or content on third-party websites. Please review the policies and practices of the third party carefully and make sure you understand them before entering into any 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

Scan-My-Pet uses Shopify to provide the Services to you. However, all sales and purchases 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 products or services purchased. You hereby expressly release Shopify and its affiliates from any 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 data we collect through the Services is subject to our Privacy Policy, which you can view here. Certain personal data may also be subject to Shopify's Privacy Policy. By using the Services, you confirm that you have read the relevant Privacy Policy.

Because the Services are hosted in part by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve them. Information you provide to the Services is transferred to and shared with Shopify, as well as with third parties who may be located in countries other than where you live, so they can provide services to you. Please refer to our Privacy Policy for more information about how we, Shopify and our partners use your personal data.

Article 11: Feedback

If you submit, upload, post, email or otherwise send ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium and for any purpose, including commercial use. For example, we may use our rights under this licence to operate, provide, evaluate, improve and promote the Services, and to fulfil our obligations and exercise our rights under the Terms of Service.

You further represent and warrant that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation, now or in the future, to (1) keep your Feedback confidential; (2) pay you for your Feedback; or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit or remove Feedback that we determine, at our sole discretion, is unlawful, offensive, threatening, defamatory, libellous, obscene, pornographic 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 any right 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, unlawful, abusive or obscene material, or contain any computer viruses 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, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and 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

Information on or within the Services may occasionally contain typographical errors, inaccuracies or omissions. This information may relate to product descriptions, pricing, promotions, offers, shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time. We may also cancel orders if any relevant information is found to be inaccurate, at any time and without prior notice (including after you have submitted your order).

Article 13: Prohibited uses

You may only use the Services for lawful purposes. You may not, directly or indirectly, use or access the Services (a) for any unlawful or harmful activity; (b) to violate any international, national, federal, provincial or local law, rule or regulation; (c) to infringe upon our intellectual property rights or the rights of others; (d) to harass, abuse, harm, defame, disparage or intimidate our staff or any other person; (e) to submit false or misleading information; (f) to knowingly transmit, receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to send or facilitate the sending of unsolicited advertising or promotional material, including junk mail, chain letters, spam or similar solicitations; (h) to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use of the Services, or that, in our judgment, could harm Scan-My-Pet, Shopify or users of the Services, or expose them to liability.

Additionally, you agree not to: (a) upload or transmit viruses or other malicious code that will or may 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 data of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping; 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 that 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 any time, with or without notice, at our sole discretion. You remain liable for all amounts due up to and including the date of termination.

The following provisions survive 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.

Article 15: Disclaimer of warranties

The information made available on or through the Services is provided for general informational purposes only. 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 information by you, any other visitor to the Services, or anyone who may be informed of any of its content.

Unless expressly stated otherwise by Scan-My-Pet, the Services and any products offered through the Services are provided "as is" and "as available" for your use, without any representations, 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 warrant, represent or guarantee that your use of the Services will be uninterrupted, timely, secure or error-free. In some jurisdictions, the exclusion of implied or other warranties is limited or not permitted, so the above exclusion may not apply to you.

Article 16: Limitation of liability

To the fullest extent permitted by law, in no event shall Scan-My-Pet, our directors, officers, employees, affiliates, agents, contractors, service providers or licensors, nor 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 similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services or any products obtained through the Services, or from any other claim related in any way to your use of the Services or a product. This includes, but is not limited to, 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 the possibility of such damages.

Article 17: Indemnification

You agree to indemnify and hold harmless Scan-My-Pet, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any third-party costs relating to losses, damages, liabilities or claims, including reasonable legal fees, arising out of or related to (1) your breach of these Terms of Service or the documents referenced herein; (2) your violation of any law or the rights of a third party; or (3) your access to or use of the Services.

We will notify you of any claim subject to indemnification, provided that a delay in notice will not relieve you of your obligations under this section, except to the extent it materially prejudices you. We may handle the defence and settlement of any such claim at your expense, including engaging legal counsel, but we will not settle any claim that requires a non-monetary obligation on your part without your consent (not to be unreasonably withheld). You must cooperate with the defence of any claim subject to indemnification, including by providing relevant documents.

Article 18: Severability

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

Article 19: Waiver; entire agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site or in respect of 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 earlier 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 transfer, delegate or assign this Agreement, or any of your rights or obligations under these Terms, to anyone else without our prior written consent. Any purported attempt to do so is void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

Article 21: Governing law

These Terms of Service, and any separate agreements whereby we provide you the Services, shall be governed by and construed in accordance with the laws of the jurisdiction in which Scan-My-Pet is established. You and Scan-My-Pet agree to submit to the authority and personal jurisdiction of the courts located there.

Article 22: Headings

The headings used in this agreement are included for convenience only and shall 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 on this page at any time.

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 notify you of material changes to these Terms in accordance with applicable law. Such changes will take effect on the date stated in the notice. Your continued access to or use of the Services after any changes to these Terms of Service constitutes acceptance of those changes.

Article 24: Contact details

Questions about the Terms of Service can be sent to info@urnmypet.com.

Our contact details: Scan-My-Pet info@urnmypet.com Maindal 7, 2904 CS Capelle aan den IJssel, the Netherlands +31 6 37332314 CoC (KvK): 96359056 VAT: NL867576856B01