Terms and Conditions

Last updated 12/13/2019 

Please, read these Terms & Conditions (“Terms”) carefully prior to accessing, using and/or ordering products online from the Sites, located at dogcollarstips.com  (“Sites”). These Terms contain important information about your legal rights and obligations. 

Note, by accessing or using the Sites, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Terms in full. If you do not agree with these Terms, please, do not continue to use the Sites. 

The Sites are operated and owned by COLLARCOM Inc, registered at 3524 Silverside Road Suite 35B Wilmington, DE 19810-4929, USA (which we may refer to as “COLLARCOM”, “we,” “us,” or “our”). 

Our collection and use of personal information in connection with your access to and use of the Sites is described in our Privacy Notice. 

Except as otherwise provided, these Terms are subject to change at any time without notice. It is your responsibility to check periodically for any changes we make to the Terms. Your continued use of the Sites after any changes have been implemented constitutes acceptance by you of such change(s). 

Table of contents

1. Entire agreement and admissibility
2. Products and purchase terms
3. Content and intellectual property rights
4. Links to third-party sites
5. Warranties and disclaimers
6. Limitation of liability
7. Indemnification
8. Applicable law and jurisdiction
9. Electronic communication
10. Change in Sites and Content
11. Headings
12. Severability
13. Questions and contact information

1. Entire agreement and admissibility 

1.1 These Terms and any policies, including our Privacy Notice, Shipping and Return policy, or operating rules posted on the Sites constitute the entire legally binding agreement and understanding between you and COLLARCOM, governing your access to, use of and purchase of products available on the Sites (“Agreement”). Our Privacy Notice and other policies applicable to your use of the Sites are incorporated by reference into this Agreement. This Agreement supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

1.2 You are only eligible to use the Sites and order products, if you are of legal age or if you have consent from your parent or guardian. When you use the Sites you hereby declare and warrant that: (1) according to your local jurisdiction you are eligible to enter into the Agreement; (2) according to your local jurisdiction you have no restriction to use the Sites; (3) you comply with these Terms and with all applicable laws and regulations. 
You are eligible to access and monitor the Sites, if you are at least 13 years old. By accessing and monitoring the Sites, you warrant that you are at least 13 years old. 

1.3 You may use our Sites only as permitted by the Terms and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States. 

2. Products and Purchase conditions 

2.1 This Section constitutes the provisions of a legally binding contract between you and COLLARCOM regarding orders placed for products available on the Sites, their purchase and delivery, except to the extent that you have entered into a separate written agreement with COLLARCOM that supersedes some or all of the provisions of this Section. You may only transfer your rights or your obligations under this Section to another person if we agree in writing. 

2.2 The Sites are online marketplaces that enable you, the users, to browse the catalogue of WAUDOG products, including, but not limited, collars, leashes and other accessories, designed for dogs (“Products”), to order and purchase the ready-made products, as well as designed by yourself, and to have them delivered to the address specified in your order. In order to create your custom collar, you can construct a collar in the Collar Lab, where there is a choice of the following features for your future collar: size, color, accessories and a unique collar print. 

2.3 COLLARCOM sells products only to adults. If you are under 18, you may use our Sites and make a purchase only with involvement of a parent or guardian. COLLARCOM reserves the right to refuse service or cancel orders in its sole discretion, especially, if we believe you are under the legal age in your country. 

2.4 In describing and portraying our products on the Sites, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions or other content is accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice. We have made every effort to display as accurately as possible the colors of our products that appear on the Sites. We cannot guarantee that your computer monitor's display of any color will be accurate. If a product offered on the Sites is not as described, your sole remedy is to return it to us. Please see our Return policy for details or contact us at info@dogcollarstips.com. 

2.5 The Product prices are displayed on the Sites in dollars and inclusive of taxes, as applicable. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation. COLLARCOM reserves the right to apply at its own discretion discount to prices for specific users and/or during a particular period. If COLLARCOM publishes special offers on the Sites, they are subject to certain conditions laid down in the details of such offers available on the Sites. 

2.5.1 Shipping rates are applied per order and are included in the total price of your order specified in the final check out screen. The exact shipping rates depend on the chosen shipping method. For details on shipping methods and rates see the help section of the Sites Shipping. 

2.5.2 The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we will send to your e-mail before delivery. 

2.6 To place an order on the Sites, you must be of legal age and a consumer - not a reseller. The Sites are intended solely for COLLARCOM to sell WAUDOG products directly to end consumers, and therefore purchase of Products for resale is strictly prohibited. Purchase for resale means the purchase of WAUDOG product by someone who resells, or intends to resell, the WAUDOG product to others (consumers, businesses or any third party). If COLLARCOM believes you are involved in purchase for resale, COLLARCOM reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account. If you want to establish business relations with COLLARCOM for the purpose of reselling WAUDOG products, please contact our Wholesale department at: info@dogcollarstips.com. 

2.7 You can order two types of Products on the Sites: ready-made products and customized products, designed by yourself with the help of Collar Lab. In order to buy product(s) online you need to choose the quantity, size, material, color, print and other available features of product(s) and add it(them) to the cart. After adding to the cart all the products you wish to buy, you need to click “Check out” button and proceed to the order forming. In the process of forming an order you need to provide certain personal data. Please, read more about our collection and use of your personal information in our Privacy Notice. 

2.8 As soon as you provide all necessary personal customer information, you will proceed to the choice of shipping and payment methods. We will ship your order to the address designated by you as long as that shipping address is within the United States and compliant with the shipping restrictions set out in Shipping. You acknowledge that you are solely responsible for any mistakes made in your shipping address and we are not obliged to reship your order in case of your mistake. We may but are not obliged to require verification of information prior to the acceptance and/or shipment of any order. 

2.9 COLLARCOM facilitates your payment of the total price for Product(s) through the Third-Party Services, namely paypal.com. You acknowledge that as soon as you follow the link to pay for the ordered Product(s), you are subject to the Terms of Service, Privacy Policy and other policies of paypal.com. In no case COLLARCOM is responsible or liable for any personal data processed by paypal.com. 

2.10 As soon as you we receive to our account your payment of total price for the ordered Products as prescribed above, we will send to your e-mail an Order Confirmation, whereby we acknowledge our obligation to deliver the Products in the time, assortment, quantity and to the place as set forth in the Order Confirmation. You, in turn, is obliged to accept the Products at the place of shipping. At this point a contract, containing the purchase conditions laid down in this Section, comes into existence and is binding on you and us (the “Contract”).
 
2.11 Title to and risk of loss of the Product(s) passes from COLLARCOM to you upon your receipt of Product(s) from the carrier. Upon shipment, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment and notify us thereof at info@dogcollarstips.com. 

2.12 You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at the Sites almost immediately. If you wish to cancel your order, please contact us at info@dogcollarstips.com. 

If cancellation is not possible, the Product(s) will be delivered to you and may be returned in accordance with the procedure set out in our Return policy. 

2.13 You are entitled to return Products delivered to you in the event that they are defective or otherwise not in conformity with your order, if not due to your error or negligence, when you received them. This does not affect your statutory rights. In the event your claim is justified, the purchase and shipping price will be refunded. For practical information on how to return and for refund timelines, see our Return policy. 

2.14 Fulfillment of all orders on the Sites is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel our obligation to deliver the Products to you by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the delivery we cancelled: 
· the product is not available / in stock; 
· your billing information is not correct or not verifiable; 
· your order is flagged up by our security systems as an unusual order or an order susceptible to fraud; 
· we believe you are under the legal age; 
· we believe that you are a reseller; 
· there was an error in the price displayed on the Sites; 
· we do not deliver to the address provided by you; 
· due to an Event Outside Our Control, as defined in paragraph 2.15.1; or 
· in the event of misspelling, pricing or other errors or mistakes in the Sites information. 

2.15 COLLARCOM warrants that all Products delivered under these Terms are new and unused. 

2.15.1 COLLARCOM further represents and warrants that: 
(a) It has full title to the Products, is fully qualified to sell the Products; 
(b) It shall comply with all applicable laws, ordinances, rules and regulations when performing its obligations under this Section; 
(c) It has not misrepresented or concealed any material facts in the procuring of this Section; 
(d) It shall abide by the highest ethical standards in the performance of this Section. 

2.15.2 Except as expressly set forth in the provisions of this Section, COLLARCOM makes no other warranties for its products and disclaims all other warranties, express or implied. 

2.16 If an Event Outside Our Control, as defined in paragraph 2.15.1, takes place that affects the performance of our obligations under this Section: 
a) We will contact you as soon as reasonably possible to notify you; and 
b) Our obligations under this Section will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. 

2.16.1 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, government shutdown, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. 

2.16.2 Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the delivery, as provided in paragraph 2.12, if an Event Outside Our Control takes place and you no longer wish us to provide the Product(s). 

3. Content and intellectual property rights 

3.1 Our Sites are owned and controlled by COLLARCOM, and unless otherwise agreed in writing, all materials on our Sites, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code and other materials, and the copyrights, trademarks, designs, trade dress and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled and/or licensed by COLLARCOM or included in the Sites with the permission of the relevant owner and are protected by U.S. and international copyright and other intellectual property rights. 

3.2 Certain trademarks, trade names, service marks and logos used or displayed on the Sites are registered and unregistered trademarks, trade names and service marks of COLLARCOM and/or of relevant holder(s) and may not be copied, imitated or used, in whole or in part, without the prior written permission of COLLARCOM or the applicable trademark holder(s). Nothing contained on the Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on the Sites. 

3.3 Subject to your compliance with these Terms, COLLARCOM grants you a limited, personal, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) use the Sites on your personal device(s) in the manner provided for in these Terms; and (ii) access and view any Content made available in or through the Sites and accessible to you. 

3.4 The Content is intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell or exploit or otherwise use any of the Content for any public or commercial purpose without our prior written permission. You agree not to change or delete any ownership notices from materials downloaded or printed from the Sites. 

3.5 Without the prior written permission of COLLARCOM, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the Content, or incorporate any intellectual property of the Sites, COLLARCOM or any of their licensors into another website or other service. 

3.5.1 To request permission to place a link on your website to enable users to click through from your website to the Sites, please send your name, address, website url, and nature of the website to info@dogcollarstips.com. 

3.6 COLLARCOM reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason without prior notice. COLLARCOM allowing you this limited use does not constitute a waiver of any of COLLARCOM’s rights to the Content. You are also advised that we are determined to enforce our intellectual property rights to the fullest extent of the law, including through civil remedies and criminal prosecution. 

4. Links to third-party sites 

The Sites may contain links or frame hyperlinks to other websites, some of which are governed by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Users use such third-party content contained therein at their own risk. Different terms and conditions may apply to your use of any linked sites. We are not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites. 

COLLARCOM may run or allow advertisements and promotions from third parties on the Sites or may otherwise provide or allow information about third-party products or services on the Sites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. COLLARCOM is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-COLLARCOM advertisers or third party information on the Sites. 

5. Warranties and disclaimers 

YOUR USE OF THE SITES IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, COLLARCOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITES, CONTENT AND ANY PRODUCTS OR SERVICES YOU MAY OBTAIN OR ACCESS THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. 

COLLARCOM is not responsible if the information on this Sites is inaccurate or incomplete, as well as for typographical errors or omissions relating to pricing, text or photography. We are not making any promises of any kind, including about the Sites’ accuracy, adequacy, usefulness, reliability or otherwise. Any reliance upon the material of the Sites shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on the Sites. 

COLLARCOM does not guarantee that the Sites will be uninterrupted or error-free, that any defects will be corrected, or that the Sites are free of viruses or anything else harmful. 

COLLARCOM makes no representation that materials on the Sites are appropriate or available for use in locations other than the United States of America. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

6. Limitation of liability 

In no event shall COLLARCOM, its directors, members, employees or agents be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use or inability to use the Sites, any purchase made on the Sites, including, without limitation, any damages caused by or resulting from reliance by user on any information obtained from COLLARCOM, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, even if COLLARCOM has been advised of the possibility of such damages. COLLARCOM shall not be liable for any damages, liability or losses arising out of: (i) your use of, purchase from, reliance on or inability to use, or the results of use of the Sites, any websites linked to the Sites, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort (including negligence, whether active, passive or imputed), product liability or any other legal theory; or (ii) any transaction or relationship between you and any Third-Party services provider, whether or not COLLARCOM has been advised of the possibility of such damages. 

The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. 
If any part of the warranty disclaimers, as set forth in Section 5, or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you to COLLARCOM for the Products or (ii) ten dollars ($10). 

7. Indemnification 

You agree to defend, indemnify and hold harmless COLLARCOM, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) any breach by you of any of these Terms, (ii) your use/misuse of materials or features available on the Sites or (iii) a violation by you of applicable law or any agreement or terms with a third party to which you are subject. 

COLLARCOM reserves a right to handle our legal defense however we see fit, including instances when you are indemnifying us. Therefore, you agree to cooperate with us so we execute our strategy. 

8. Applicable law and jurisdiction 

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of the United States of America and the State of Delaware, excluding its rules on conflicts of laws. We recognize that it is possible for you to obtain access to the Sites from any jurisdiction in the world, but we have no practical ability to prevent such access. The Sites have been designed to comply with the laws of the United States of America and the State of Delaware. If any material on the Sites, or your use of the Sites, is contrary to the laws of the place where you are when you access it, the Sites are not intended for you, and we ask you not to use the Sites. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. 

Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree, that any dispute, conflict, claim or controversy directly or indirectly arising out of or broadly in connection with or relating to the Sites or these Terms, including, without limitation, those relating to its validity, its construction or its enforceability and to the purchase of COLLARCOM products (any “Dispute”) shall be resolved by means of amicable negotiations directly with COLLARCOM team in accordance with the principles of good faith and cooperation. If the consensus may not be reached by the negotiations, the Dispute shall be settled exclusively in the state or federal courts, located in the County of New Castle, Delaware with applicable substantive law of Delaware, USA. 
All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law. 

9. Electronic communications 

By using or making a purchase from the Sites, you understand and agree that we may send you communications or data from the Sites, including but not limited to (i) notices about products or merchandise requested by you, including any notices regarding the terms of any purchases; (ii) updates; and (iii) information or materials regarding transactions, products, purchased or selected by you or in which you are involved via use of the Sites. 

Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise a feature of our Sites or our merchandise or a product or service in which we believe you may be interested, or may otherwise discuss a marketing campaign or promotion offered by COLLARCOM  or one of our partners or another third party. We will give you the opportunity to unsubscribe of receiving these commercial emails from us by following the instructions provided in such message(s). 

Given your order is shipped by the third-party services provider, you understand and agree, that you may receive e-mails, relating to your order shipping status from that provider. 

10. Change in Sites and Content 

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue any of or both of the Sites or any service, content, feature or product offered through the Sites, with or without notice; and/or offer or cancel opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to our Sites.

11. Headings 

Headings of provisions are for convenience only and shall not be used to limit or construe any provisions of these Terms. 

12. Severability 

If any provision of these Terms is determined to be unlawful, void or unenforceable, the remaining provisions of these Terms will continue to be fully valid, binding, and enforceable. 

13. Questions and contact information 

If you have any questions or comments about these Terms & Conditions or the Sites, please contact us by: 
Emailing us at: info@dogcollarstips.com. 

Writing to the following address:
3524 Silverside Road Suite 35B 
Wilmington, DE 19810-4929
, USA. 

Disclaimer: The original, legally binding version of this document is composed in English, and may be translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.