Terms and Conditions
Terms of Use / Overview
By accessing and using this site, you agree that you have a duty to read these Terms and Conditions, that you have done so, and that you accept these Terms and Conditions in full, including, without limitation, Warranty Disclaimer and Limitation of Liability set forth further below. Furthermore, you understand and accept that you are precluded from using lack of reading as a defense against all remedies contained herein. If you disagree with any part of these Terms and Conditions, please do not use this website.
SECTION 1 - Access to this Site
You must be eighteen (18) years or older to use this website, including to register for an account and purchase goods or services on our website. If you are under eighteen (18) years of age, you are not permitted to access this website for any reason. By using this website (and agreeing to the Terms and Conditions) you warrant and represent that you are at least eighteen (18) years of age. Due to the age restrictions for use of this website, no information obtained by this site falls within the Child Online Privacy Act (COPA) and is not monitored as doing so.
SECTION 2 - Website and Medical Information Disclaimer
This website contains general information and content about pet diet, health, and nutrition. This information and content is not advice, and should not be treated as such. The contents of this website are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your veterinarian, physician or other qualified health professional with any questions you may have regarding a medical condition.
The general information and content on this website are provided “AS IS” without any representations or warranties of any kind, express or implied. Homescape Pets makes no representations or warranties whatsoever in relation to any health information on this website.
We do not warrant that the quality of any products, services, or information purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
You must not rely on the information on this website as an alternative to medical advice from your veterinarian, doctor or professional healthcare provider. If you think your pet may be suffering from any medical condition, you should seek medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in Company materials or provided by any Company representative, none of which information is intended to be a substitute for medical diagnosis, advice or treatment. If you are considering making any changes to your pet's lifestyle, diet or nutrition, including the addition of any nutritional, herbal, homeopathic, or holistic supplement, you should consult with your veterinarian, doctor or another healthcare provider before doing so. Information and statements regarding pet dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Neither the Company nor its representatives are providing any veterinary or medical advice, and none should be inferred, from any ideas, suggestions, testimonials or other information set forth on this website or in other Company materials or provided over the phone or in email correspondence. All of the information on this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Homescape Pets does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not or no longer accurate or complete.
SECTION 3 -Hyperlinks
This website may contain links to third-party websites. The Company provides these hyperlinks as a convenience only and does not sponsor or endorse any of these sites or their contents. The Company is not responsible for the content of, and does not make any representations or warranties regarding the content or materials on, such linked third-party websites. If you decide to access or rely on information at a linked third-party website, you do so at your own risk.
Homescape Pets has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Homescape Pets. Nonetheless, Homescape Pets seeks to protect the integrity of its website and therefore requests any feedback on sites to which it links, including if a specific link does not work.
SECTION 4 -Copyright / Trademarks
The material and content of this site, including but not limited to text, logos, photos, graphics and code (collectively “Content”) are protected by copyright, trademark or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States, United Kingdom, and other copyright laws and is the property of or licensed by Homescape World, LLC and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.
“Homescape Pets”, and all other logos, page headers, custom graphics, and icons are trademarks, trade names and/or service marks owned by Homescape World, LLC, or an affiliate of the Company, unless otherwise indicated.
SECTION 5 - Indemnity
You agree to indemnify, defend and hold harmless Homescape Pets, its subsidiaries, affiliates, officers, directors, employees, agents, suppliers, contractors, licensors, and service and content providers (hereinafter known as the “Indemnified Parties”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any person accessing the site using your account. You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
SECTION 6 - Limitation on Liability
In no case shall Homescape Pets, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any product.
In no event shall Homescape Pets or indemnified parties be liable for any actual, consequential, incidental, direct, indirect, punitive, exemplary, special, or other damages, including without limitation loss of revenue or income, profits, value or use, pain and suffering, or similar damages, even if the company has been advised of the possibility of such damages. No person is authorized on behalf of Homescape Pets to give any other representations, or to modify or extend the limited warranties provided on this website, or to assume any other liability in connection with this website or the products offered for sales by Homescape Pets. In no event shall the collective or total liability of the indemnified parties to any party for any claim (regardless of the form of action, whether in contract, warranty, tort or otherwise, excluding willful misconduct or gross negligence) exceed the price paid for the product or service which gives rise to such claim.
Homescape Pets shall not, under any circumstances, be liable for any use of, or the inability to use, the materials on this site.
Applicable law may restrict the use or extent of limitations or exclusions to liability for incidental or consequential damages, so the foregoing limitations and exclusions may not apply in full to you. Nonetheless, in no event will Homescape Pets’ liability for products purchased from this site exceed the price paid for such products, including any shipping and handling charges.
SECTION 7A - Simply Natural Chews And Treats Disclaimer
Be aware that treats and chews containing bone may break or splinter. By purchasing, you acknowledge that you understand the associated risks of feeding bone-in products and will not hold Homescape Pets or its associates liable for any damages or incidents that may occur when feeding Homescape Pets chews or treats. Please consult your veterinarian for guidance before feeding any chews, treats, or pet supplements.
SECTION 7B - Tetrahydrocannabinol (THC) Disclaimer
Homescape Pets’ industrial-hemp derived supplements, and the majority of industrial-hemp products on the market, contain a naturally occurring trace amount of tetrahydrocannabinol (THC). The amount of THC in our products never exceeds 0.3% concentration by weight, per state and federal regulations and definitions of industrial hemp, and while it is unlikely that one would fail a traditional drug test from using our products, that possibility cannot be ruled out. Taking excessive amounts of industrial hemp products, the type or method of drug test utilized, and an employer’s or organization’s requirements and policies, among other things, are factors that may influence drug test results.
By agreeing to these Terms and Conditions and placing an order with us, you are indicating that you understand that failing a drug test is a possibility when using industrial hemp products and that you waive the right to make a claim against Homescape Pets for any matters related to any drug test you take or the results of any such drug test, including the loss of employment or any employment opportunity or the imposition of a civil or criminal penalty.
SECTION 8 - Local Jurisdictions/Buyer’s Compliance with Applicable Laws
Homescape Pets makes no representations that the products available through this website will be available or appropriate in every jurisdiction in which this website may be accessed. To the best of Homescape Pets’s knowledge, it operates legally under both state and federal law in the United States, United Kingdom law, and the other countries it distributes to, and; however, it is impossible for the Company to be aware of the laws and regulations of all local jurisdictions (e.g.municipalities and counties) relating to industrial hemp-derived products. Homescape Pets isn’t responsible for any potential legal matters that may arise due to such local regulations.
You are solely responsible for compliance with any laws governing the purchase and use of the products available through Homescape Pets’ website or a website linked to Homescape Pets’ website. IT IS YOUR RESPONSIBILITY AS THE PURCHASER AND/OR USER, NOT HOMESCAPE PETS’S, TO ASCERTAIN AND OBEY ALL APPLICABLE LOCAL, STATE, AND FEDERAL LAWS REGARDING THE POSSESSION AND USE OF ANY ITEM OR PRODUCT OFFERED BY HOMESCAPE PETS OR BY A WEBSITE LINKED TO HOMESCAPE PETS’ WEBSITE. IF YOU ARE UNSURE, PLEASE CONTACT YOUR LOCAL OR STATE AUTHORITIES BEFORE PLACING AN ORDER. BY PLACING AN ORDER, YOU INDICATE THAT YOU UNDERSTAND AND AGREE it is your sole responsibility as the buyer to determine if industrial hemp-derived products are legal according to the laws that apply to you and represent and warrant that you have read this disclaimer and that all products purchased will be used in a lawful manner and that you are of legal age to purchase and use such products.
You understand and agree that the limitations on liability set forth above apply to the foregoing.
SECTION 9 - Notice
Homescape Pets may deliver notice to you by means of a general notice posted on the site, or an e-mail to any address you have provided to Homescape Pets, or by any other method reasonably believed by Homescape Pets to be reliable.
SECTION 10 - Governing Law / Jurisdiction
Any disputes arising from services provided via the website shall be subject to the laws of the United States, without regard to choice of law provisions, and not by the 1980 United Nations Convention on contracts for the international sale of goods. You agree that personal jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this site or these Terms and Conditions (including but not limited to the purchase of Homescape Pets products) shall be in the United States courts, and you waive any right to object to the laying of venue in such courts and the right to claim inconvenient forum. Any cause of action or claim you may have with respect to this site (including but not limited to the purchase of Homescape Pets products) must be commenced within one (1) year after the claim or cause of action accrues. Homescape Pets’ failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
SECTION 11 - Prices and Taxes
Prices listed on this website for products or services, unless otherwise noted, are exclusive of shipping charges, and of any applicable value-added, sales, use, excise, transfer, transport, or other tax, tariff or duty of any sort imposed by any government authority (“Taxes”).
Customers are solely responsible for all Taxes payable in connection with the purchase of products or services.
SECTION 12 - Product Availability / Orders
All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction. We reserve the right, in our sole discretion, to refuse orders. If we believe that an order is false or fraudulent, we may cancel the order and reserve the right to inform the relevant authorities.
SECTION 13 - Payment Methods
For online orders, we accept payment by Visa, Mastercard, and American Express. If a payment is not successfully settled, due to invalid payment method, declined credit, expiration, insufficient funds or otherwise, we reserve the right to cancel your order. Orders are shipped only after receipt of full payment. For certain payment methods, you may be charged a processing fee, foreign exchange/translation fee (international orders) or other fees; you are solely responsible for the payment of all such fees. Check with your payment method service provider for details. Homescape Pets’ Terms and Conditions, including, without limitation, the provisions regarding limitation of liability and indemnification, apply with respect to payment methods and payment processing, and Homescape Pets s not responsible for any charges, errors or losses that may result from any payment method used by you for the purchase of our products.
SECTION 14 - Typographical and Inadvertent Errors
In the event that a Homescape Pets product is mistakenly listed at an incorrect price, Homescape Pets reserves the right to refuse or cancel any orders placed for that at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is canceled, Homescape Pets shall issue a credit to your credit card account in the amount of the incorrect price charged to you.
SECTION 15 - Promotion and Coupon Codes
Multiple coupon codes cannot be used simultaneously. When buying bulk volume through the website for special tiered discounts, no coupon code can be used. Coupons cannot be combined with other discounts, promotions, sales, or offers.
SECTION 16 - Shipping & Delivery
We generally ship items within one or two business days of our receiving and accepting of an order. If there is a delay affecting our ability to ship, we will attempt to conspicuously post that fact on this site and via email.
We fill United States orders using UPS Ground or United States Postal Service Priority and First Class Mail, which generally results in delivery within three to four business days. Requests for use of a courier service or for overnight shipping cannot be processed on this website.
Unless otherwise expressly agreed in writing, time is not of the essence, and any delivery date provided is an estimate only. Homescape Pets is not responsible for delays or for non-performance resulting from causes beyond its reasonable control, including without limitation laws, rules, regulations or acts of any government, embargoes, blockades, armed conflict, terrorism, labor disputes, delays of carriers or suppliers, shortages of material, accidents, fires, floods, weather conditions and any other acts of God.
Unless otherwise noted on this website, delivery of products is FCA (Incoterms (2010), the international rules for the interpretation of trade terms of the International Chamber of Commerce) Homescape Pets’ facility where the products you order are located at the time of shipment. This means that you will be charged for the cost of shipping, and title and risk of loss will pass to you upon Homescape Pets’s delivery of the products you order to the U.S. postal service or courier service.
SECTION 17 - Returns/Refunds Policy
We understand that you may need to return a product. Should you feel the need to do so, you have 30 days from the date of purchase to initiate the process. Please contact us at 719-695-9339 or preferably via email at info@homescapepets.com and one of our representatives would be happy to assist you. Please have your order number available.
Limited to one return or exchange per customer. Only purchases up to $99.00 qualify for a refund. We do not accept returns based on taste. We typically process approved return/refund requests within 1-2 business days.
If your product was purchased through a Homescape Pets distributor or retailer, including Amazon, you will need to go back to your original purchase location for any return or exchange.
SECTION 18 - Lost Packages
If a package is lost after we ship it, which occasionally occurs, Homescape Pets will not be responsible if the tracking information lists the order as “Delivered,” which means USPS or UPS delivered the product to the address specified. If the package is sent to an address other than the one you specified, upon return of the original package to Homescape Pets, Homescape Pets will reship the order.
Please note that Homescape Pets is not responsible for errors of USPS or UPS or if you provide or confirm an incorrect address. Therefore it is very important that you ensure that the address you give to us is exactly correct, as any mistake could delay delivery and will entail extra expense to you.
SECTION 19 - Product Defects & Damaged Packages
We allow three days from the date of delivery to notify us if there is any type of defect with a product or if the package it was in was damaged in transit. If we are not notified of defects or damages within the three-day window, it is understood that the package and products were in good condition upon delivery.
SECTION 20 - Changes
These Terms and Conditions are subject to update, change, or replacement by Homescape World, LLC D/B/A Homescape Pets (“Homescape Pets”) at any time in its discretion. Your use of this site, including any product order, after any such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please regularly review these Terms and Conditions.
