Terms and Conditions

Welcome to the Present Pets website (the “Site”). This Site is owned and operated by Present Pets LLC (“Present Pets”, “we” or “us”). By using this Site, you agree to be bound by these Terms of Use and all applicable laws and regulations. Please read these Terms of Use carefully before using this Site.

By accessing or using this Site, you are indicating your agreement to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site. We reserve the right to update or modify these Terms of Use at any time without prior notice. Your continued use of this Site after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to periodically check these Terms of Use for updates.

1. About Present Pets

Present Pets is an online retailer selling interactive plush pets and related merchandise. Our goal is to bring joy and imagination to people of all ages through our innovative line of toys and products.

The Site allows users to browse and purchase Present Pets merchandise, engage with product content and videos, locate retailers, and more. You must be at least 18 years old or have parental consent to purchase products or submit information on this Site.

Present Pets provides this Site and related services to you under the terms and conditions stated herein. By using this Site, users affirm they are of legal age and capacity to form a binding contract and agree to comply with all provisions herein. If you do not agree with ALL of these terms and conditions, please do not use this Site.

2. Intellectual Property Rights

The Site design, text, graphics, interfaces, photographs, videos, logos, product names and titles, and other content on the Site (collectively, the “Content”) are protected by copyright and other intellectual property laws. Present Pets owns the intellectual property rights in the Site and Content. You may not modify, publish, transmit, copy, sell, create derivative works from, distribute, perform, display, or in any way exploit any of the Site or Content.

Except as expressly authorized by Present Pets in writing, users may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute in any way any part of the Site or Content. Any unauthorized use of the Site or Content will terminate any permission for you to access and use the Site and may violate copyright, trademark and other laws.

3. User Content

By submitting, uploading, posting, publishing, transmitting, or otherwise making available any text, graphics, images, software, code, or other information or materials (“User Content”) to the Site, you grant Present Pets a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content on the Site in whole or in part and to incorporate the User Content in other works for any purpose.

You represent and warrant that you own or have sufficient rights to the User Content that you submit, and the use of such User Content does not violate any law or infringe any third party rights. You further irrevocably waive any “moral rights” in and to the User Content.

We do not claim ownership over any User Content that you submit, except as allowed under applicable laws or as reasonably necessary to provide and maintain the Site. However, by submitting User Content, you grant us and our affiliates permission to use your User Content for commercial purposes including promoting and redistributing part or all of the Site in any format and through any media channels.

You are solely responsible for all User Content you contribute to the Site. We are not required to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content including taking down, removing, or disabling access to User Content after receipt of a takedown notice or upon discovery by us of a violation.

4. Acceptable Use Policy

You agree not to use the Site or submit any User Content that:

Infringes any third party intellectual property or publicity/privacy rights;
Is fraudulent, false, misleading, or deceptive;
Is defamatory, obscene, abusive, offensive, or profane;
Encourages or constitutes conduct that would be considered a criminal offense, violate any law, or is otherwise inappropriate;
Violates, plagiarizes, or infringes the rights of third parties including copyright, trademark, patent, trade secrets, moral rights, rights of privacy, or any other intellectual property or proprietary rights;
Contains or installs any viruses, malware, ransomware, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
Manipulates or otherwise displays the Site by using framing or similar navigational technology;
Violates any applicable laws, regulations, or network rules or policies;
Provides material support or resources to any organization(s) designated by the United States as a foreign terrorist organization.

We reserve the right to remove any User Content from the Site at any time and for any reason, with or without notice.

5. Purchases and Payment

You must be at least 18 years old to purchase products on this Site. By placing an order on the Site, you represent that you are at least 18 years old.

All product prices and availability are subject to change at any time without notice. A summary of your total charges will be provided prior to checkout completion. Any offers, discounts, or sales on products can end or change without notice.

We accept various payment methods including major credit/debit cards and PayPal. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. We reserve the right to refuse any order placed through the Site. We may require additional information to process any transaction.

Your order will be deemed accepted by us when payment has been successfully processed. If we cannot fulfill your order for any reason, we will notify you and issue a refund for any charges related to unfulfilled products.

All purchases are subject to product availability. We do not guarantee availability of any products. We reserve the right to discontinue or modify the sale of any products without notice. Quantities available may be limited and orders are fulfilled on a first-come, first-served basis.

6. Shipping and Delivery

We only ship products within the United States. Shipping costs and delivery time estimates will be presented during checkout based on your order details. Title and risk of loss for products transfers to you once your order leaves our fulfillment center.

We cannot guarantee specific ship dates or delivery times, but will make reasonable efforts to ship your order promptly based on stock availability. Any ship date or delivery time stated is an estimate only. We are not liable for any delays in shipments or deliveries.

If an order hasn’t been shipped for any reason, we will notify you by email. You may cancel unshipped orders at any time.

We reserve the right to charge additional shipping costs for redirecting any delivery to a different address than originally submitted. We also reserve the right to refuse orders based on unacceptable shipping locations.

7. Taxes

Online purchases on the Site may be subject to state and local sales taxes, depending on your location. Applicable taxes will be added to your total purchase price during checkout.

When required by law, we will collect any applicable sales tax in states where we have a physical presence or have otherwise established sufficient tax nexus. We reserve the right to collect any applicable sales tax in additional states at any point in time.

You are liable for any applicable duties, customs fees, or taxes associated with your order. By placing an order, you agree to pay all such charges.

8. Returns and Refunds

We stand behind our products and want you to be fully satisfied with every purchase. If you are unsatisfied with your products for any reason, you may return them to us within 30 days of the delivery date for a full refund.

To be eligible for a return, products must be unused and returned in original packaging and condition. Customized or personalized products are non-refundable.

To initiate a return, please email [email protected] or contact us to obtain a Return Merchandise Authorization (RMA) number. Clearly note the RMA on the outside of your return package and ship the item(s) to:

Present Pets Returns
100 Main St
Anytown, CA 12345

You are responsible for return shipping costs. Reimbursement for any shipping charges to you will be deducted from your refund amount. Once received and inspected, we will process your refund within approximately 3-5 business days. Refunds are made to the original payment method used at time of purchase.

9. Product Warranty

We offer a limited 30-day warranty on all products purchased through the Site against defects in materials and workmanship. This limited warranty covers normal use of products, but does not cover normal wear-and-tear, improper care/maintenance, negligence, or modifications to the product.

If you discover a defect and contact us within 30 days of original delivery date, we will, at our discretion, repair or replace the item at no cost. You must retain original packaging and proof of purchase to make a valid warranty claim.

This limited warranty:

Applies only to original purchaser
Is non-transferable
Covers products in original packaging that has not been altered or damaged
Does not cover problems due to misuse, improper care, negligence, alterations, accidents, or unauthorized repairs
Does not cover normal wear-and-tear

ALL IMPLIED WARRANTIES INCLUDING FITNESS FOR USE AND MERCHANTABILITY ARE LIMITED TO THE 30-DAY DURATION OF THIS WRITTEN WARRANTY. We assume no liability or responsibility for damage or injuries resulting from misuse and/or abuse of any product. In no event shall we be liable for direct, indirect, special, incidental or consequential damages arising from use or inability to use the product.

10. Limitation of Liability

IN NO EVENT SHALL PRESENT PETS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR ANY INFORMATION, PRODUCTS, OR SERVICES PROVIDED ON THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PRESENT PETS’ TOTAL LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

11. Indemnification

Upon request by us, you agree to defend, indemnify, and hold harmless Present Pets and our parent company, affiliates, employees, contractors, officers, directors, vendors, and agents from all liabilities, claims, and expenses (including attorney’s fees) that arise from your misuse of this Site or violation of these Terms of Use.

12. Disclaimers

THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

WE MAKE NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THE SITE OR PRODUCTS. NO ADVICE OR INFORMATION OBTAINED FROM PRESENT PETS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE. YOU UNDERSTAND THAT INFORMATION PRESENTED DOES NOT CONSTITUTE PROFESSIONAL ADVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Privacy Policy

Please review our Privacy Policy, which describes how we collect, use, and share information about our users. By using this Site, you acknowledge you have read and agree to be bound by the terms and conditions of our Privacy Policy.

14. DMCA Copyright Policy

We respect the intellectual property rights of others. If you believe your copyright has been infringed, please provide written notice to our Copyright Agent containing the information required by the Digital Millennium Copyright Act including:

Identification of the copyright work claimed to have been infringed;
Identification of the allegedly infringing material;
Your contact information including name, address, telephone number, and email address;
A signed statement that you have a good faith belief the use is not authorized by the copyright owner and that the information is accurate;
The signature, under penalty of perjury, of the copyright owner or a person authorized to act on their behalf.

Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:

We reserve the right to remove any content alleged to infringe without prior notice and at our sole discretion. In appropriate circumstances, users who repeatedly submit infringing content will have their access terminated.

15. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and the United States of America. By accessing this Site, you agree to submit to jurisdiction in California.

16. Dispute Resolution

If any controversy, allegation, or claim arises out of or relates to the Site, Content, your User Content, these Terms of Use, or any product or service provided, sold, or distributed by Present Pets, such dispute will be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

Any arbitration under these Terms of Use will occur on an individual basis only; class arbitrations and class actions are not permitted. You further agree that the arbitration will occur in Los Angeles County, California and that the California courts have exclusive jurisdiction over any appeals of an arbitration award.

17. Changes to the Terms

We may revise these Terms of Use at any time by updating this page. Your continued use of this Site constitutes acceptance of the most recent version of these Terms. You are responsible for reviewing and becoming familiar with any changes. Using the Site after changes are published constitutes your acceptance of the revised Terms of Use.

18. Additional Policies

Additional policies may apply to use of specific portions of or features on the Site, such as forums, contests, social media pages, loyalty programs, or other features. These additional policies will be posted in connection with the relevant portions of or features on the Site. Violation of these additional policies may result in termination of your access to such portions of or features on the Site.

19. Severability

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

20. No Waiver

Our failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. Any waiver of these Terms by us is only effective if in writing and signed by an authorized representative.

21. Contact Information

If you have any questions about these Terms of Use, please contact us at:

Present Pets
100 Main St
Anytown, CA 12345
Email: [email protected]