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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE BUYING OUR PRODUCTS. YOUR PURCHASE OF ANY OF OUR PRODUCTS OR SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT PLACE YOUR ORDER.
All products carry a Stress-free Guarantee.
Kradle’s formulations are made to work quickly and reliably and are suitable for daily use. Each dog is different, and we’re here for you to help you find the best solution for your furry friend. With our Stress-Free Guarantee, if you don’t see a marked improvement in your dog’s behavior after seven days, let us know and we’ll work with you to find the best solution. If you’re still not completely satisfied, customers who bought our product online can simply send us the unused portion. If we receive a returned product within 30 days, we will issue a full refund. Your acceptance of the terms of purchase means you agree to and understand the refund policy. Kradle stands behind all of its products with our Stress-Free Guarantee. If you purchased your product from one of our retail partners, you can either return the product to your retailer pursuant to their policy or you can contact us and we will offer another one of our products for you to try. We want your furry friend to be satisfied!
Terms of Sale.
By purchasing our products, you are agreeing to these terms and conditions and you specifically agree that you understand that the products purchased contain cannabinoids from hemp oil. Our manufacturing facilities are registered with the FDA and our products are manufactured according to FDA guidelines for cGMP standards for dietary supplements. As these products have not been evaluated by the FDA, we make no claims as to any benefits from our products. If you decide to purchase our products, you do so based upon your own opinions as to any benefits these products may provide.
Shipping Limitations.
When an order is placed, it will be shipping to the address designated by you as long as that shipping address is compliant with the shipping restrictions contained on this Site. Unfortunately, we are unable to ship our products to a small number of states due to local law reasons. We will monitor the legislation in those states and remove these restrictions when possible.
Damage due to Freight or Shipping.
All of our products are tested for quality, and all shipments are carefully inspected before leaving our warehouse. Upon delivery of your order, please check product carefully to ensure it has not been damaged during shipping. All claims for damaged product must be made with 5 days. Please contact us and provide detailed information for any product damaged during shipping within that time.
Products, Content and Specifications.
All features, content, specifications, products and prices of products and services described or depicted on our website (hereinafter “Site”) are subject to change at any time without notice. The prices displayed on our Site are quoted in U.S. currency. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make reasonable efforts to accurately display the attributes of products. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from us. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Accuracy of Information.
We attempt to provide complete, accurate and current information on this Site. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We do not warrant or accept any responsibility or liability for the completeness, accuracy or currentness of any information on this Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, we may make changes in information about price and availability without notice. In the event that a product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the incorrect price. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Promotional Offerings.
Certain offerings on this Site may contain additional legal terms. Your use of or participation in such offerings will be subject to the additional terms as well as these Terms and Conditions. To the extent such additional terms conflict with these Terms and Conditions, the additional terms shall control. We reserve the right to void, cancel or suspend any promotion at any time without notice.
Your Representations and Warranties.
By ordering our product, you represent and warrant that (a) you are at least eighteen years old; (b) you have read and agree to abide by these Terms and Conditions; (c) you have read and agree to our Privacy Policy; (d) any information you submit to us is truthful and accurate; and (e) you will not use this Site or any content for any unlawful purpose or in violation of any applicable law.
Warranties, limitations of warranties, disclaimer of warranties and limitation of damages.
a. Limited Warranty. We warrant that our Products will conform to any specifications listed on the packaging. Our sole obligation in the event of a breach of any warranty shall be to repair or replace the defective Product or to refund all payments made by you to us for such Product, at our option.
b. Notification of Defect and Time Limitations. You must notify us in writing of any alleged defect in the Product within ten days after discovery thereof but not later than 30 days from receipt. You should identify the defect in such manner and provide such documentation as a we reasonably may require. Buyer shall return any alleged defective Product to us.
c. LIMITATION OF WARRANTY. THE LIMITED WARRANTY SET FORTH IN SUBPARAGRAPH a ABOVE SHALL NOT APPLY TO ANY PRODUCT WHICH HAS BEEN ABUSED, ALTERED, MODIFIED, USED IN A MANNER NOT ORIGINALLY INTENDED, USED AFTER THE SHELF LIFE OF THE PRODUCT, OR STORED OR APPLIED IN A MANNER CONTRARY TO SELLER’S WRITTEN INSTRUCTIONS.
d. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN SUBPARAGRAPH a ABOVE, WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PRODUCTS SOLD HEREUNDER, AND WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM PATENT INFRINGEMENT. NO AGENT, EMPLOYEE OR REPRESENTATIVE OF US HAS ANY AUTHORITY TO BIND US TO ANY AFFIRMATION, REPRESENTATION OR WARRANTY EXCEPT AS STATED IN THIS AGREEMENT.
e. LIMITATION OF REMEDIES. SELLER SHALL HAVE NO LIABILITY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND. THESE LIMITATIONS ARE AGREED ALLOCATIONS OF RISK. UNDER NO CIRCUMSTANCES SHALL SELLER’S LIABILITY WITH REGARD TO THE SALE OR USE OF THE PRODUCTS EXCEED THE PURCHASE PRICE PAID BY BUYER FOR THE PRODUCTS.
Revisions to these Terms and Conditions.
These Terms and Conditions may be revised at any time and from time to time and such revisions shall be effective immediately upon notice to you, which notice may be provided by posting the revised Terms and Conditions on this Site. You should visit this Site from time to time to review the then current Terms and Conditions because they are binding on you. Any use of this Site after notice of the revised Terms and Conditions shall constitute your acceptance of such changes. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Site.
Governing Law and Arbitration.
THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MINNESOTA (BOTH SUBSTANTIVE AND PROCEDURAL), WITHOUT REGARD TO CONFLICTS OF LAWS RULES. You irrevocably and unconditionally consent to the Dispute Resolution clauses contained in these Terms and Conditions for any litigation or dispute arising out of or relating to your access to or use of this Site, your dealings with our company, these Terms and Conditions or our Privacy Policy.
Dispute Resolution.
a. Any claim or cause of action arising out of your purchase or use of our products or services, your use of this website, these Terms & Conditions, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties understand and agree that they are waiving the right to trial by jury. Such arbitration shall be conducted by a single arbitrator and the place of the arbitration shall be Minneapolis, MN. A decision by the arbitrator shall be final and binding and Judgment may be entered on the arbitrator’s award. We may bring a lawsuit solely for injunctive relief or equitable remedies to stop unauthorized use of our intellectual property rights without first engaging in arbitration.
b. YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF, CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU ACKNOWLEDGE AND AGREE THAT CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED.
c. In the event that the agreement to arbitrate in this Section is found not to apply to you or your claim or cause of action or if any action is brought for the enforcement of an arbitrator’s order, you and we agree that any judicial proceeding will be brought only in the United States District Court for the District of Minnesota, or in courts of the State of Minnesota located in Minneapolis. Both you and we irrevocably consent and agree to venue and personal jurisdiction there. WE BOTH AGREE TO WAIVE OUR RIGHT TO A JURY TRIAL. We both consent to service of process by using the procedures in this DISPUTE RESOLUTION section. You consent to legal notices being sent to you at the e-mail address you provided to us when you conducted business with us and waive your right to receive notice by other means, including by regular mail. It is your responsibility to update your e-mail address should your address change and you agree we have no obligation to use any other notification means should your original address be or become ineffective.
d. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. All fees and expenses of the arbitration (including the fees of the arbitrator) will be divided equally between you and us. Each party will bear the expense of its own counsel and experts.
e. Any claim or cause of action you might have arising out of your purchase or use of the Products, your use of this website, these Terms & Conditions, or the breach thereof, must be filed by you within one year after the date that such claim or cause of action arose, or else that claim or cause of action will be permanently barred.
Applicable Law.
We both agree that these Terms & Conditions constitute a written agreement signed by both you and us under applicable law. These Terms & Conditions shall be governed by the laws of the State of Minnesota, excluding any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of this Agreement to the substantive law of another jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Health Related Information.
The information contained in this Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through this Site (including, but not limited to, information that may be provided on this Site by healthcare or nutrition professionals employed by or contracting with us) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Our products have not been evaluated by the FDA for safety and efficacy, and are not intended to diagnose, treat, cure or prevent any disease state or condition. You should read carefully all product packaging prior to use.
General Terms.
These Terms and Conditions and our Privacy Policy contain the entire understanding and agreement of the parties relating to the subject matter contained herein or therein. You may not assign any rights or delegate any obligations under these Terms & Conditions without our prior written consent. Any assignment or delegation, or attempted assignment or delegation, in contravention of the foregoing shall be null and void. We may assign or delegate any of our rights and duties under these Terms and Conditions to any party at any time without notice to you. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions or our Privacy Policy. You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of this Site or our Terms and Conditions must be filed within one year after such claim or your cause of action arose or be forever barred. If any provision of these Terms & Conditions is so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. If any provision of these Terms & Conditions is declared invalid or unenforceable for any reason other than over-breadth, the offending provision will be modified so as to maintain the essential benefits of the bargain between the parties hereto to the maximum extent possible, consistent with law and public policy. If the Products purchased by you are to be used in the performance of a government contract or subcontract, no government requirements or regulations will be binding on us unless specifically agreed to by our authorized representative in writing. The failure of us to enforce any of the provisions of these Terms & Conditions will not be construed to be a waiver of any provisions hereunder nor will any such failure prejudice our right to take any action in the future. Any waiver must be made in writing and signed by an authorized representative of our company. These Terms & Conditions do not and are not intended to confer any rights or remedies upon any person other than you. In the event that these Terms & Conditions are translated into any language other than English, if any conflict exists between the original and the translation, the English language version will govern and control.
[Version 23APR2020]