ROYAL CANIN SALES TERMS AND CONDITIONS
Welcome to ROYAL CANIN!
BY ACCESSING OR USING THE SITE IN ANY WAY, YOU AGREE TO AND ARE BOUND BY THIS AGREEMENT, AND IF YOU DO NOT ACCEPT ANY OF THE TERMS OF THIS AGREEMENT AND/OR YOU DO NOT MEET OR COMPLY WITH THEIR PROVISIONS, YOU MAY NOT USE THE SITE.
If you are under 13 years of age, you are not authorized to use the Site, with or without registering. In addition, if you are under 18 years old, you may use the SITE with or without registering, only with the approval of your parent or guardian.
1. SITE REGISTRATION
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for all activities that occur under your password or account. You must provide accurate and complete information and keep your account information updated. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. We may refuse to grant you a particular username for any reason, including, without limitation, if we have reason to believe that such username impersonates someone else, is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive.
You may have the option to register with ROYAL CANIN using your Facebook or other third-party services (“Social Networking Sites”) credentials or otherwise registering in order to access and use certain features of our Site. By logging in or directly integrating these Social Networking Sites into the Site, we make your online experiences richer and more personalized. To take advantage of these features and capabilities, we may ask you to authenticate, register for or log into Social Networking Sites on the websites of their respective providers. Please remember that the manner in which Social Networking Sites use, store and disclose your information is governed solely by the policies of such third parties, and ROYAL CANIN shall have no liability or responsibility for the privacy practices or other actions of any third party.
2. SALES POLICY
ROYAL CANIN cannot promise that any Products or pricing will be available at any time. Until Customer has confirmed an order, the pricing, offers, selection and availability of any Products offered may change without notice.
In addition to any remedies that may be provided under these Terms, ROYAL CANIN may terminate these Terms with immediate effect upon notice to Customer. These Terms automatically terminate when you fail to comply with any term or condition of them. ROYAL CANIN may terminate or modify your access to the ROYAL CANIN Site, with or without notice to you, at any time for any reason.
Termination will not limit any of ROYAL CANINS’ other rights or remedies. This Section 3, along with Sections 12, 14, 15, and 16 survive termination of these Terms.
Customer shall not sell, fulfill, provide, or ship any Products in any manner whatsoever. ROYAL CANIN may immediately limit, stop or prohibit sales to Customer if Customer fails to comply with the obligations of this Section.
5. PRODUCT DESCRIPTION AND PRICING ERRORS
Although ROYAL CANIN tries to accurately describe and display Products, ROYAL CANIN cannot and does not promise that Product descriptions or depictions are accurate, complete, reliable, current, or error-free. ROYAL CANIN shall have no responsibility or liability for inaccurate Product descriptions or depictions.
6. ORDER ACCEPTANCE
When a Product is offered for sale as part of our Site, ROYAL CANIN may accept your offer to purchase such Product subject to these Terms. Customer's receipt of an electronic or other form of order confirmation from ROYAL CANIN does not signify ROYAL CANIN's acceptance of Customer's order, nor does it constitute confirmation of ROYAL CANIN's offer to sell. ROYAL CANIN reserves the right to accept or reject Customer's order for any reason at any time after receipt of Customer's order without providing a reason to Customer. If ROYAL CANIN rejects Customer's order, ROYAL CANIN will attempt to notify Customer using the contact information provided with Customer's order but ROYAL CANIN disclaims any responsibility or liability in the event Customer does not receive any such attempted notification. Generally, Customer's credit/debit card or bank account will not be charged if ROYAL CANIN rejects an order; however, ROYAL CANIN will process a refund if a charge has been made against Customer's credit/debit card or bank account for a rejected order.
7. ORDER LIMITATIONS/LIMITED QUANTITIES
ROYAL CANIN may, at its sole discretion, limit or cancel quantities purchased. Restrictions may include orders placed by the same account, orders that use the same credit/debit card or bank account or orders that use the same billing and/or shipping address. If ROYAL CANIN makes a change to Customer's order, ROYAL CANIN will attempt to notify Customer using the contact information provided with Customer's order but ROYAL CANIN disclaims any responsibility or liability in the event Customer does not receive any such attempted notification. ROYAL CANIN reserves the right to limit, stop or prohibit sales to Customer for any reason.
8. SHIPPING AND HANDLING
This shipping and handling policy applies to orders delivered to Customer. Orders delivered to Customer that are filled from stock usually ship either the next business day after the order is received or per the courier delivery schedule in Customer's account area. ROYAL CANIN shall not be liable for any delays, loss, or damage in transit. ROYAL CANIN may, in its sole discretion, without liability or penalty, make partial shipments of Products to Customer. Each shipment will constitute a separate sale, and Customer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Customer's order.
Customer may have the option to select “autoship” for the fulfillment of Products, resulting in the automatic shipment of Products selected by Customer on a preset frequency. Customer can adjust certain Product specifications related to such autoship option, including size, weight and delivery frequency. Additionally, Customer may achieve product savings in certain cases by opting for autoship services. Please be advised that autoship is not a default feature and requires Customer to “opt-in” through selection on the Site. The default autoship frequency is delivery every four (4) weeks.
Title and risk of loss passes to Customer upon delivery of the Products at Customer's location set forth in Customer’s order.
9. PAYMENT TERMS
To purchase a Product, you will be required to provide ROYAL CANIN information regarding your credit card or other payment instrument (“Payment Method”). You represent and warrant to ROYAL CANIN that such Payment Method is true and that you are authorized to use the Payment Method. You hereby authorize ROYAL CANIN to bill your Payment Method in accordance with the Product you are purchasing. You shall be responsible for all taxes and duties associated with Products other than U.S. taxes based on ROYAL CANIN’s net income.
By providing a Payment Method, you are expressly agreeing that we are authorized to keep such Payment Method on file and charge you the fees, charges, or other amounts described herein. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in to your account and viewing your account details. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you understand that you will not be able to purchase Products on the Site.
In addition to all other remedies available under these Terms or at law (which ROYAL CANIN does not waive by the exercise of any rights hereunder), ROYAL CANIN shall be entitled to suspend the delivery of Products if Customer fails to pay any amounts when due hereunder and such failure continues for thirty (30) days following written notice thereof. Customer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with ROYAL CANIN, whether relating to ROYAL CANIN's breach, bankruptcy or otherwise.
10. SALES AND USE TAX; JURISDICTIONAL ISSUES
ROYAL CANIN is required to comply with the sales and use tax laws in the states in which it operates. In jurisdictions that impose sales or use tax, a purchase is subject to tax unless specifically exempt by law. Certain purchases are subject to tax even if ROYAL CANIN is not required to collect sales or use tax by any particular jurisdiction. Customer's purchase is NOT exempt from tax merely because ROYAL CANIN does not collect the tax from Customer at the time of Customer's purchase. Furthermore, Customer's purchase is NOT exempt merely because it is made over the Internet, by phone, or by other remote means. Customer shall be solely responsible for any taxes not collected by ROYAL CANIN and certain jurisdictions may require Customer (i) to file a sales/use tax return annually reporting taxable purchases that were not taxed and (ii) to pay such tax. For more information, Customer should contact the applicable taxing authority. If ROYAL CANIN collects sales or use tax in connection with a purchase, the amount of the tax will either be shown prior to completion of the purchase or reflected in the final confirmation of that purchase. All sales and use tax amounts collected by ROYAL CANIN are remitted to the appropriate taxing authorities in a timely and legally defined manner.
You are responsible for compliance with all applicable laws. ROYAL CANIN reserves the right to limit the availability of the ROYAL CANIN Site and/or ROYAL CANIN Content to any person or geographic area at any time. Any software offered on or through the ROYAL CANIN Site may be subject to United States export controls. No software may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country designated by Sponsor and/or the United States Treasury's Office of Foreign Assets Control; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software offered on or through the ROYAL CANIN Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with use of the ROYAL CANIN Site by any taxing authority.
11. RETURNS AND ALLOWANCES
Authorization of credits for Products damaged in shipment, shipping errors or short shipment will only be granted if the request is made within thirty (30) business days of Product receipt. ROYAL CANIN will provide specific instructions on the disposition of the Product. At ROYAL CANIN's sole discretion, Products will be credited at the original purchase price or replaced at no additional charge. ROYAL CANIN reserves the right to require that any product be returned to ROYAL CANIN, at ROYAL CANIN’S expense, before issuing a return.
In the unlikely event your pet refuses to eat their ROYAL CANIN diet, we offer a 100% guarantee for palatability on our products.
If you purchase a product and your pet refuses to eat it, please reach out to ROYAL CANIN Customer Care at 1-800-592-6687. Please provide a copy of your receipt of purchase from ROYAL CANIN. ROYAL CANIN will reimburse you the cost, issue a credit, or replace the product with a different ROYAL CANIN product. Palatability Guarantee (100% money back) is only applicable to the purchase of a single bag of ROYAL CANIN cat or dog food or a single purchase of wet food. This Palatability Guarantee is limited to a single refund of one bag per household in a 12-month period. You may only make a claim in respect of your personal, household use.
To apply for a refund under this Palatability Guarantee, you may be required to supply ROYAL CANIN with the remaining contents of the bag of food or a photograph showing at least 50% of the food (by weight) remains uneaten. The product must still be within its use by date, and you may be required to provide: (i) a valid proof of purchase from ROYAL CANIN; (ii) a photograph of the contents of the food bag; and (iii) a written explanation explaining what happened when you introduced the food to your pet along with, your name, address and contact details.
ROYAL CANIN reserves the right to require Customer to return the uneaten portion in the original packaging at any time. ROYAL CANIN may vary, revoke, or replace the Palatability Guarantee and these terms at any time in its sole discretion and without notice.
Authorization of credits for order mistakes made by Customer will only be granted if the request is made within thirty (30) calendar days of Product receipt. ROYAL CANIN will provide direction on the disposition of Customer's Product return. Returned Product must be in saleable condition, in the original packaging with no damage or written marks indicating a return. If the Product is returned within thirty (30) calendar days of delivery, credit for the full purchase price will be issued. No credit will be issued after thirty (30) calendar days. If you receive product that is incorrect or damaged, please reach out to ROYAL CANIN Customer Care at 1-800-592-6687 regarding a refund. ROYAL CANIN reserves the right to consider and treat returns on a case-by-case basis and reserves the right in its sole discretion to deny a request for a return.
12. USER CONTENT
ROYAL CANIN retains full and complete title to all information and materials provided on or through or submitted to the ROYAL CANIN Site, including any artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, "ROYAL CANIN Content").
If you agree to these Terms (as well as any additional terms and conditions related to specific ROYAL CANIN Content), then you may download, print and/or copy ROYAL CANIN Content solely for your own personal use.
Unless ROYAL CANIN provides you with written authorization to do so, you may not:
• Incorporate any ROYAL CANIN Content into any other work (such as your own website) or use ROYAL CANIN Content in any public or commercial manner;
• Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell ROYAL CANIN Content in any form or by any means;
• Change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the ROYAL CANIN Content; or
• 'Deep link’ to the ROYAL CANIN Site (i.e., link to any page other than the home page of one of the ROYAL CANIN Site).
The Site may include features that involve information that you upload, submit, store, or send through our Site (“User Content”). ROYAL CANIN may from time to time offer areas where you and other users can post or otherwise submit information, photos, graphics, creative suggestions, ideas, notes, concepts, information, ratings or other materials on or to the ROYAL CANIN Site (collectively, "Submissions"). By sending, posting or transmitting Submissions to ROYAL CANIN (and/or our designees) or any area of the ROYAL CANIN Site (including but not limited to a communication made through the ROYAL CANIN website, electronic mail, letters, telephone, fax machine, or through a ROYAL CANIN social media site), you grant ROYAL CANIN and our designees a worldwide non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform and import your Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. In other words, ROYAL CANIN has the automatic right to use your Submissions -- including reproducing, disclosing, publishing or broadcasting your Submission -- anywhere, anytime, in any medium and for any purpose. Under no circumstances are you entitled to payment if ROYAL CANIN uses one for your Submissions. All Submissions are deemed non-confidential and non-proprietary.
You are responsible for the content of your Submissions. By posting a Submission, you represent and warrant that:
• You own or otherwise control all of the rights to your Submission, including without limitation all copyrights and trademarks;
• Your Submission is true and accurate;
• Your Submission does not violate the rights of any other person or entity, such as rights of privacy and publicity; and
• Your Submission complies with applicable laws, rules and regulations.
You acknowledge and agree that ROYAL CANIN has the right (but not the obligation) to alter, remove or refuse to post or allow to be posted any Submission. ROYAL CANIN takes no responsibility and assumes no liability for any Submission posted by you or any third party.
ROYAL CANIN strongly encourages you not to disclose any personal information in your Submissions because other people can see and use the personal information in your Submissions. ROYAL CANIN is not responsible for information that you choose to communicate via Submissions.
By submitting User Content to our Site, you grant a transferable, nonexclusive, worldwide, perpetual, irrevocable, royalty-free right and license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works and compilations incorporating User Content to ROYAL CANIN to provide our Site and for any other legal purpose of ROYAL CANIN’S choosing. We reserve the right to remove User Content or ROYAL CANIN Content from our Site at any time and for any reason without notification to you. YOU AGREE THAT YOU WILL EVALUATE AND BEAR ALL RISK RELATED TO THE USE OF, OR ANY ACTIVITIES ASSOCIATED WITH, USER CONTENT THAT YOU POST OR PROVIDE THROUGH THE SITE. THE RESULTS OF ANY ACTIONS YOU TAKE BASED USER CONTENT, OR OTHER CONTENT YOU FIND ON THE SITE ARE SOLELY YOUR RESPONSIBILITY. Under no circumstances will we be liable in any way for User Content or for any loss or damage of any kind incurred because of the transmission of any of User Content through our Site.
13. PERSONAL INFORMATION
Personal information that Customer submits to ROYAL CANIN in connection with Customer's account is collected, processed, used, shared and disclosed as described in the Mars Privacy Statement (available at http://www.mars.com/global/policies/privacy/pp-english.aspx). Please make sure that you carefully read our Privacy Statement to learn about the information that ROYAL CANIN collects on the ROYAL CANIN Site and how we process it. Without limiting the terms of our Privacy Statement, you understand that ROYAL CANIN does not and cannot guarantee that your use of the ROYAL CANIN Site and/or the information provided by you through the ROYAL CANIN Site will be private or secure. You are responsible for using the precautions and security measures best suited for your situation and intended use of the ROYAL CANIN Site. ROYAL CANIN reserves the right at all times to disclose any information as ROYAL CANIN deems necessary to satisfy any applicable law, regulation, legal process or governmental requests.
14. DISCLAIMERS OF WARRANTY
ROYAL CANIN warrants that ROYAL CANIN has validly entered into these Terms and has the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so.
YOUR USE OF OUR PRODUCTS AND SITE IS AT YOUR SOLE RISK. UNLESS EXPLICITLY NOTED IN A WARRANTY PROVIDED BY ROYAL CANIN, OUR PRODUCTS AND OUR SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ROYAL CANIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ROYAL CANIN MAKES NO WARRANTY THAT (1) OUR PRODUCT OR OUR SITE WILL MEET YOUR REQUIREMENTS, (2) OUR PRODUCTS OR OUR SITE OR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR PRODUCT OR OUR SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF OUR PRODUCTS, SITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (5) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SITE WILL BE CORRECTED, OR (6) THAT OUR SITE AND ANY CONTENT OR INFORMATION FOUND ON THE SITE WILL BE ERROR OR VIRUS-FREE.
ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE SITE OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE APPLICABLE STATE LAWS. IF ANY PORTION OF THESE SECTIONS ARE HELD TO BE INVALID UNDER SUCH LAWS, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
15. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL ROYAL CANIN BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DIMINUTION IN VALUE, IN ANY WAY ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, CUSTOMER'S ORDERS OF PRODUCTS OR ANY OTHER INTERACTION BETWEEN CUSTOMER AND ROYAL CANIN HOWEVER CAUSED, UNDER A CLAIM OF ANY TYPE OR NATURE, BASED ON ANY LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE), REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND EVEN IF ROYAL CANIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LAW.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY TOGETHER WITH THE OTHER PROVISIONS IN THESE TERMS THAT LIMIT LIABILITY ARE ESSENTIAL TERMS AND THAT ROYAL CANIN WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS BUT FOR YOUR AGREEMENT TO THE ABOVE LIMITATIONS OF LIABILITY.
LEGAL NOTICE FOR NEW JERSEY RESIDENTS: The limitations of liability and exclusion of damages in this section do not apply to New Jersey residents.
Customer agrees to defend, indemnify, and hold harmless ROYAL CANIN and its parent, subsidiaries and affiliates and their owners, shareholders, officers, directors, affiliates, employees, suppliers and agents from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees and costs) due to, arising out of or in any way connected with (i) Customer's orders, (ii) orders made using Customer's account or password, (iii) Customer's use, handling, repackaging, storage and/or distribution of Products, (iv) breach of any provision of these Terms by Customer or any third party using Customer's account or password; and (v) Customer's use of the ROYAL CANIN website. ROYAL CANIN reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of Mars may be made without ROYAL CANINS’ prior written approval.
ROYAL CANIN's failure to act with respect to Customer's breach of these Terms or the breach of these Terms by others does not waive ROYAL CANIN's right to act with respect to similar or subsequent breaches. If any part of these Terms is held to be unenforceable or invalid, such part will be deemed automatically superseded by an enforceable, valid provision most closely matching the intent of the original provision and the remainder of these Terms will continue in effect. These Terms will be binding upon Customer and Customer's successors and permitted assigns. Customer may not assign any of Customer's rights or delegate any of Customer's obligations hereunder without the express prior written consent of ROYAL CANIN. All remedies available for breach of these Terms are cumulative and may be exercised concurrently or separately. The exercise of one remedy will not be deemed an election of such remedy to the exclusion of other remedies. While these Terms are automatically effective, Customer agrees to execute and deliver such further documents and assurances, if any, as may be required from time to time to give effect to these Terms. Customer shall comply with all applicable laws, regulations, and ordinances. Customer shall maintain in effect all the licenses, permissions, authorizations, consents and permits that it needs to carry out its obligations under these Terms. Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of these Terms. These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms. ROYAL CANIN shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of ROYAL CANIN.
18. GOVERNING LAW / DISPUTES
These Terms and all transactions contemplated hereby shall be deemed made and entered into in the State of Missouri and shall be governed by the internal laws of the State of Missouri but excluding its and all other jurisdictions choice of law principles. Customer agrees to and submits to the exclusive jurisdiction of courts of or in the State of Missouri over any disputes under these Terms and waives any objection to the jurisdiction.
You and ROYAL CANIN agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
YOU AND ROYAL CANIN AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION IN THE MANNER SPECIFIED IN THIS SECTION 18 AND THAT YOU AND ROYAL CANIN WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW.
YOU AND ROYAL CANIN FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and ROYAL CANIN and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this Section 18, “ROYAL CANIN Parties”) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this agreement to arbitration (collectively, "Covered Disputes") will be settled by binding arbitration in the U.S. State of New York administered by the American Arbitration Association (AAA) in accordance with its International Arbitration Rules in effect on the date thereof.
Prior to initiating any arbitration, the initiating party will give the other party at least 60 days' advanced written notice of its intent to file for arbitration. ROYAL CANIN will provide such notice by mail or e-mail using the contact information on file with ROYAL CANIN and you must provide such notice by mail to ROYAL CANIN, Incorporated, Attn: Legal Department, 110 Edison Place, 5th Floor, Newark, NJ 07102.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If, however, you are able to demonstrate that the costs of arbitration will be cost-prohibitive for you as compared to the costs of litigation, ROYAL CANIN will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse ROYAL CANIN for all fees associated with the arbitration that ROYAL CANIN paid on your behalf, which you otherwise would be obligated to pay under the AAA's rules.
A single arbitrator will be selected in accordance with the AAA Commercial Arbitration Rules. The arbitration shall be conducted in the English language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must be with written explanation and remain confidential.
ROYAL CANIN and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither Mars nor you are entitled to arbitrate any Covered Dispute as a class, representative or private-attorney action and the arbitrator will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this Section 18 is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section 18, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
Please Note: By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against ROYAL CANIN under the laws of any jurisdiction outside the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any dispute is in the United States according to the terms of this Section 18.
LEGAL NOTICE TO NEW JERSEY RESIDENTS: The provisions in this section that (i) limit the period of time within which a claim may be asserted against ROYAL CANIN and (2) exclude certain damages do not apply to New Jersey residents.
19. ENTIRE AGREEMENT
These Terms constitute the entire agreement between Customer and ROYAL CANIN with respect to the sale of goods and supersedes any prior agreements, understandings, contracts, instruments, negotiations and discussions with respect to the subject matter hereof, whether written or oral, all of which are of no further force and effect. These Terms expressly supersede all provisions in any purchase order. If a written contract signed by both parties is in existence covering the sale of the goods covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms. These Terms prevail over any of Customer's general terms and conditions of purchase regardless whether or when Customer submitted its purchase order or such terms. Fulfillment of Customer's order does not constitute acceptance of any of Customer's terms and conditions and does not serve to modify or amend these Terms. These Terms may be amended, modified, or terminated by ROYAL CANIN at any time in its sole discretion. ROYAL CANIN shall post any updates to these Terms on the Site. Please check the Site often for updates to these Terms. The provisions of these Terms that by their content are intended to survive the expiration or termination of these Terms, including, without limitation, disclaimers, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of these Terms, will survive the expiration or termination of these Terms for their full statutory period.
The ROYAL CANIN name and logos are trademarks and service marks of ROYAL CANIN (collectively the “ROYAL CANIN Trademarks”). Other ROYAL CANIN Product and service names and logos used and displayed via our Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to ROYAL CANIN. Nothing in these Terms or our Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ROYAL CANIN Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of ROYAL CANIN Trademarks will inure to our exclusive benefit.
21. EQUITABLE RELIEF
You agree that breach of the provisions of these Terms would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of these Terms by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of these Terms.
22. NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident under age 18 and are a registered user of any of the ROYAL CANIN Site, then you may request that we remove any Submission (defined in Section 12) you publicly posted on or in the ROYAL CANIN Site. To request removal of a Submission, please send an email with a detailed description of the specific Submission to [email protected]. (You also may be able to log in to your account and delete your own Submission.) ROYAL CANIN reserves the right to request that you provide information that will enable us to confirm that the Submission that you want removed was created and posted by you.
ROYAL CANIN will make a good faith effort to delete or remove your Submission from public view as soon as reasonably practicable. Please note, however, that your request that we delete your Submission does not ensure complete or comprehensive removal of your Submission. Your Submission may remain on backup media, cached or otherwise retained by ROYAL CANIN for administrative or legal purposes or your Submission may remain publicly available if you or someone else has forwarded or re-posted your Submission on another website or service prior to its deletion. ROYAL CANIN may be required by law to not remove or allow removal of your Submission.
With respect to any electronic commercial service (as defined under California Civil Code Section 1789.3) offered on or through the ROYAL CANIN Site, California residents are entitled to the following specific consumer rights information:
The provider of the ROYAL CANIN Sites is:
ROYAL CANIN U.S.A., Inc.
500 Fountain Lakes Blvd, Suite 100
St. Charles, MO 63301
To file a complaint regarding the website or to receive further information regarding use of the website, send a letter to the attention of “Legal Department” at the above address or contact ROYAL CANIN via e-mail at [email protected] (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916.445.1254 or 800.952.5210.
BY USING THE ROYAL CANIN SITES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
1. These Terms, together with our Privacy Statement, contain the entire understanding by and between ROYAL CANIN and you with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.
2. These Terms (i) inure to the benefit of and will be binding upon ROYAL CANIN and you and your successors and assigns, respectively, and (ii) may be assigned by ROYAL CANIN but you may not assign them without the prior express written consent of ROYAL CANIN.
3. If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
4. If ROYAL CANIN fails or you fail to perform any term hereof and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
5. Nothing contained in these Terms will be deemed to constitute ROYAL CANIN or you as the agent or representative of the other or as joint venturers or partners.
6. If ROYAL CANIN is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence.
7. These Terms and all related documentation will be drafted in English. While certain text in these Terms may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.
24. ELECTRONIC SIGNATURE AND NOTICE
Customers should direct Product concerns to ROYAL CANIN Customer Care at 1-800-592-6687 so that ROYAL CANIN may investigate and appropriately address such Product concerns.
For assistance with your order please call 1-800-592-6687. Orders can be placed online at http://shop.royalcanin.com/us
UPDATED MAY 12, 2023