Terms of service

Overview

Welcome to Dogpoochie! The terms "we," "us," and "our" refer to Dogpoochie. Dogpoochie operates this shop and website, including all associated information, content, features, tools, products, and services, in order to offer you a tailored shopping experience ("Services"). Dogpoochie operates via Shopify, which enables us to provide you with the Services.

The following rules and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and obligations when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including disclaimers of warranties and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you may not use or access our Services.

Section 1 – Access and Account

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or country of residence, and that you have given us your consent to allow any minor dependents to use the Services on devices under your control.

To use the Services, including visiting or browsing our webshop or purchasing any of our products or services, you may be asked to provide certain information, such as your email address, billing address, payment information, and shipping information. You represent and warrant that all information you provide in our shop is accurate, current, and complete, and that you have all necessary rights to provide us with such information.

You are solely responsible for the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to another person.

Section 2 – Our Products

We have made every effort to display our products and services in our webshop as accurately as possible. Please note, however, that colors or the appearance of a product may vary from what is shown on your screen, depending on the type of device you use to access the shop, as well as your device's settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or will be exactly as depicted or represented in our webshop.

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

Section 3 – Orders

When you place an order, you are making an offer to purchase. Dogpoochie reserves the right to accept or decline your order for any reason, at our sole discretion. Your order is not considered accepted until Dogpoochie confirms its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Dogpoochie may not be able to accommodate cancellation requests once an order has been accepted. If we are unable to accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time of order.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].

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

Section 4 – Pricing and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed, and will be listed in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping costs, handling fees, customs duties, or import charges.

Prices listed in our webshop may differ from prices offered in physical stores or in online or other stores operated by third parties. We may from time to time offer promotions through the Services that affect pricing and are subject to separate terms. If there is a conflict between the terms of a promotion and these Terms, the promotion's terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our shop. You also agree to promptly update your account and other information, including your email address, credit card number, and expiration date, 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 duly authorized to use the credit card for the purchase, (iii) charges incurred will be honored by your credit card company, and (iv) you will pay the charges incurred at the listed prices, including shipping and handling fees and any applicable taxes.

Section 5 – Shipping and Delivery

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

Estimated delivery time is 5–9 business days.

Section 6 – Intellectual Property

Our Services, including but not limited to all trademarks, text, graphics, images, product reviews, videos, and audio files, as well as their design, selection, and arrangement, are the property of Dogpoochie, its affiliates, or licensors, and are protected by copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services solely for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly stated herein, nothing in these Terms grants you a license or other rights to any patents, trademarks, copyrights, or other intellectual property of Dogpoochie, Shopify, or any other provider. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by Dogpoochie.

Dogpoochie's names, logos, product and service names, designs, and slogans are trademarks of Dogpoochie or its affiliates or licensors. You may not use these trademarks without Dogpoochie's prior written consent. The Shopify name, the Shopify logo, and Shopify's product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans within the Services belong to their respective owners.

Section 7 – Optional Tools

You may be granted access to third-party tools as part of the Services, which we do not monitor, control, or have any input into.

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 assume no liability arising from or related to your use of optional third-party tools.

Any use of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms under which such tools are provided by the relevant third-party providers.

We may also offer new features through the Services in the future, including the introduction of new tools and resources. Such new features will also be considered part of the Services and subject to these Terms of Service.

Section 8 – Third-Party Links

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

We are not liable for any damages related to your access to third-party websites, or to your purchase or use of any products, services, resources, or content on a third-party website. Please carefully review the policies and practices of the relevant third party and make sure you understand them before completing any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

Section 9 – Relationship with Shopify

[MERCHANT NOTE: This section correctly describes Shopify's relationship to your shop and must not be removed or modified.]

Dogpoochie is powered by Shopify technology, which enables us to provide you with the Services. However, all sales and purchases you make through our shop are made directly with Dogpoochie. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sale between you and Dogpoochie, including any potential damages, injuries, or losses resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with Dogpoochie.

Section 10 – Privacy Policy

All personal data we collect or receive through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal data may also be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies.

Because Shopify hosts the Services, Shopify collects and processes personal data regarding your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services is transferred to and shared with Shopify and third parties, who may be located in countries other than your own, in order to provide you with the Services. Please read our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal data.

Section 11 – Feedback

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

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

We may, but are not obligated to, monitor, edit, or remove Feedback that we, in our sole discretion, consider unlawful, offensive, threatening, defamatory, disparaging, 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 any third-party rights, including copyright, trademark, privacy, personality, or other personal or property rights. You further agree that your Feedback will not contain defamatory, unlawful, offensive, or obscene material, and will not include computer viruses or other malicious code 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 other person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.

Section 12 – Errors, Inaccuracies, and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or to cancel orders, at any time without prior notice, including after you have submitted your order.

Section 13 – Prohibited Uses

You may only access and use the Services for lawful purposes. You are prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, or local laws, rules, or regulations; (c) to infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate against our staff or any other person; (e) to submit false or misleading information; (f) to upload or transmit, knowingly receive, download, use, or reuse any material that does not conform to these Terms; (g) to transmit or arrange for the transmission of any advertising or marketing material, including "junk mail," "chain letters," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or organization; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, in our sole discretion, may harm Dogpoochie, Shopify, or users of the Services, or expose them to liability.

Additionally, you agree not to: (a) upload or transmit any viruses or other malicious code that affects or could affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell, or otherwise exploit any portion of the Services; (c) collect or track the personal data of others; (d) engage in spam, phishing, pharming, or pretexting in connection with the Services; (e) use any robot, spider, scraping, data collection or extraction tool, automated device or process, AI tools including agent-based AI, or any automated or manual method to access the Services; or (f) interfere with, circumvent, or disable any security or authorization features, robot-exclusion headers, or other measures we use to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

Section 14 – Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause an agent to access, use, or interact with any of the Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the direction of, a person or business, and that may be executed for or with the assistance of a person's device without direct supervision.

14.2 No agent may access, use, or interact with the Services unless it identifies itself at all times and acts strictly in accordance with the requirements in Section 14.4. No agent may access, use, or interact with the Services if we have requested that the agent refrain from doing so.

14.3 We may restrict, including through technical measures, whether and how an agent may access, use, and interact with the Services.

14.4 Agents must:
(i) identify themselves as an agent in all HTTP/HTTPS requests and disclose the agent's name by including the following in the User-Agent string: "Agent/[Agent Name]";
(ii) not conceal or obscure that any access, use, or interaction originates from an agent, including by (a) mimicking human behavior or interaction patterns, or (b) circumventing bot filters or measures designed to distinguish machine use from human use;
(iii) respond truthfully to any question or instruction intended to determine whether an interaction originates from a human or a computer;
(iv) not circumvent or otherwise avoid any measures designed to block, restrict, alter, or control whether and how agents access, use, or interact with the Services.

Section 15 – Termination

We may terminate this agreement or your access to the Services, or any part thereof, at any time, at our sole discretion, without prior notice, and you will remain responsible for all amounts due up to and including the date of termination.

The following sections will 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.

Section 16 – Disclaimer of Warranties

The information provided in or through the Services is for general informational purposes only. We make no warranty as to the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim any liability arising from your or any other visitor's reliance on such material, or from any person informed of its contents.

UNLESS EXPRESSLY STATED BY DOGPOOCHIE, THE SERVICES AND ALL 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Section 17 – Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DOGPOOCHIE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES, LOSSES, CLAIMS, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST SALES, LOST SAVINGS, LOSS OF DATA, PROCUREMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT 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 THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 18 – Indemnification

You agree to indemnify, defend, and hold harmless Dogpoochie, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, made by any third party arising out of or relating to (1) your breach of these Terms of Service or any documents incorporated 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 of any claim for indemnification, and failure to provide prompt notice will not relieve you of your obligations, provided that any delay does not result in material prejudice to you. We may control the defense and settlement of such claims at your expense, including the choice of legal counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent, which will not be unreasonably withheld. You will cooperate in the defense of any such indemnification claims, including by providing relevant documentation.

Section 19 – Severability

If any provision of these Terms of Service is deemed 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 determination shall not affect the validity and enforceability of any other remaining provisions.

Section 20 – Waiver; Entire Agreement

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

These Terms of Service, together with any policies or operating rules posted by us on this website or in respect of the Services, constitute the entire agreement and understanding between you and us, and govern your use of the Services. They 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 ambiguity in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

Section 21 – Assignment

You may not transfer, assign, or delegate this agreement or any of your rights or obligations under these Terms without our prior written consent. Any such attempt is void. We may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent and without prior notice to you.

Section 22 – Governing Law

These Terms of Service, and any separate agreements whereby we provide you with Services, shall be governed by and construed in accordance with the laws of [jurisdiction to be determined]. Any disputes shall be subject to the exclusive jurisdiction of the courts located in [jurisdiction to be determined], to the extent permitted by law.

Section 23 – Headings

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

Section 24 – Changes to These 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 by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms as required by applicable law. Such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 25 – Contact Information

Questions about the Terms of Service should be sent to us at: support@dogpoochie.com

Company: Dogpoochie
Email: support@dogpoochie.com