Terms and Conditions of Sale
This Puppy Purchase Agreement (“Agreement”) is made between Monthly Pet Outlet, a Richmond limited liability company (“Monthly Pet Outlet”), and the individual purchasing the puppy pursuant to this Agreement (“Customer” and collectively, with Monthly Pet Outlet, the “Parties”) for the purchase of the puppy identified by the Parties (the “puppy”). The Customer may also purchase products for the puppy (“Products”)
The puppy is sold as-is, and, other than as expressly set forth herein or in the Health Guarantee, the terms of which are incorporated herein by reference and are made a part of this Agreement, PuppySpot makes no representations, warranties, covenants, agreements or guarantees including, without limitation, those relating to disposition, conformation, size, weight, color or markings of the puppy.
The following terms and conditions also apply to your purchase of the puppy from Monthly Pet Outlet:
NOTICE: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS. PLEASE READ IT CAREFULLY.
1. Puppy Value.
The value of the puppy for all purposes of this Agreement and Monthly Pet Outlet’s Health Guarantee (the “Health Guarantee”), is limited to the purchase price of the puppy (the “Purchase Price”), and does not include, as applicable, applied store credit, taxes, shipping costs, health certificate, veterinarian costs, shipping crate or any additional costs or expenses incurred or asserted by Customer in connection with the puppy.
2. Code of Conduct.
All puppies are sold as pets. Customer agrees and acknowledges that Customer will not breed the puppy. Customer agrees to spay or neuter the puppy at an appropriate age, as determined in consultation with Customer’s veterinarian. Customer further agrees to care for the puppy in a humane and responsible manner, including, but not limited to providing it with clean and adequate shelter, food, water and veterinary care. Customer agrees that the puppy shall reside inside his or her home, shall not be allowed to roam freely, and shall wear a collar with identification tags and any required license tags at all times.
Following is Monthly Pet Outlet’s Code of Conduct:
- Lifelong care of the dog. This means committing to the relationship for your dog’s entire life.
- Selecting a dog and breed that is suited to your home and lifestyle and avoiding impulsive decisions. You should be aware of common health problems associated with individual breeds, how to prevent them, and how to recognize their onset. Ensure that the rules of your housing allows for dog ownership.
- Recognize that owning a dog(s) requires an investment of time and money.Keeping only the type and number of dogs for which you can provide a healthy, positive and safe environment. This includes appropriate/healthy food, water, shelter, health care, bathing, grooming and companionship. You need to be able to feed the puppy throughout the day, take it outside for bathroom breaks, and teach it manners (e.g. sit/stay and walk on a leash).
- Purchase food, treats, a collar and leash, toys, grooming tools, and other things you’ll need in advance so that your dog or puppy’s transition into your home will be a smooth one.
- You and your family members should decide who will be responsible for food, water, walks, exercise, cleanup, and grooming.
- Move breakables or “chewables” to higher ground. Make electrical cords inaccessible to curious paws and noses. Block off any area of the house that’s off-limits. Block access to any house, garden plants, foods or medicines that are toxic to dogs.
- Make sure the yard is securely fenced or that you have a run for your dog. Your pup will need to be on a leash outdoors.
- If traveling with your dog, keep your dog safe in the car by using a crate or seat belt harness.
- Create a comfortable area — whether a crate, a dog bed, or a pile of blankets — for your dog to go to when he needs rest or privacy.
- Ensure socialization and appropriate training for your dog(s) to facilitate their well-being and the well-being of other animals and people.
- Prevent your dog(s) from negatively impacting other people, animals and the environment. This includes proper waste disposal, noise control, and not allowing dog(s) to stray or become feral.
- Provide frequent exercise and mental stimulation appropriate to your dog(s)’ age, breed, and health status.
- Establish and maintain a veterinarian-client-patient relationship. Choose a veterinarian ahead of time, so you’ll be ready for a visit soon after your dog comes home. Give your vet copies of the dog’s health records, and set up a vaccination and check-up schedule.
- Provide preventive (e.g., vaccinations, parasite control) and therapeutic health care for the life of your dog(s) in consultation with, and as recommended by, your veterinarian.
- Ensure dogs are properly identified (i.e., tags or microchips) and that their registration information in associated databases is kept up-to-date
- Adhere to all laws, regulations and ordinances, including licensing and leash requirements.
- Help to manage overpopulation by controlling your dog(s)’ reproduction through spaying/neutering your dog.
- Include your dogs in your planning for an emergency or disaster, including assembling an evacuation kit.Make arrangements for the care of your dog when or if you are unable to do so.
- Recognize declines in your dog(s)’ quality of life and making decisions in consultation with your veterinarian regarding appropriate end-of-life care (e.g., palliative care, hospice, euthanasia).
3. Registration Paperwork.
Registration papers will only be sent for registered puppies and may not be sent until such time as the puppy has been spayed or neutered. Registration papers for all registered puppies will be sent by regular mail typically within two to four weeks of PuppySpot receiving confirmation of spay or neuter and could take up to six months. Any costs to obtain new or renewal registration papers are the sole responsibility of Customer. If the papers are lost, PuppySpot will assist Customer in obtaining new papers at Customer’s expense.
4. Website Information Provided by Breeders.
Monthly Pet Outlet makes every commercially reasonable effort to provide accurate and up-to-date information on Monthlypetoutlet.com (the “Website”) regarding puppies sold through Monthly Pet Outlet’s network. Such information includes, but is not limited to, breed, gender, color, date of birth, weight, parents’ weights and registration details. Monthly Pet Outlet relies on its network of breeders to accurately post thousands of puppies on the Website and is not responsible for typographical or photographical errors.
As soon as the puppy is ready for travel, the puppy will typically travel within seven to fourteen days of the effective date of this Agreement. Occasionally, a puppy may need additional time with its breeder before travel. The final determination of the travel date for the puppy is made by the puppy’s breeder and the breeder’s veterinarian, with the health of the puppy being the primary determining factor. Transportation of the puppy is provided by, and generally arranged through, third parties. Occasionally, there may be delays for numerous reasons, including, but not limited to, weather, temperature restrictions, logistics, mechanical failure or other unforeseen events. Monthly Pet Outlet shall not be liable, directly or indirectly, for any delays, including, without limitation, those that may cause Customer inconvenience or financial loss, nor shall any delay be a valid cause for cancellation of Customer’s purchase of the puppy. Customer understands and agrees that no refund shall be provided by PuppySpot and/or its affiliated breeders due to any airline/airport delays or cancellations of the puppy’s flight, whether such travel is domestic or international. Customer is solely responsible for any required documentation, health reports, or vaccinations that may be necessary to transport the puppy into any country other than the United States or Canada. Once travel plans are confirmed, there is a non-refundable change fee of $200 if Customer makes any changes to the travel plans.
6. Cancellation by Customer.
Until such time as Customer has received confirmation from Monthly Pet Outlet or the puppy’s breeder about the date upon which the puppy will be delivered, Customer may cancel purchase of the puppy by notifying Monthly Pet Outlet. In the event Customer cancels the purchase, Customer understands and agrees that an administrative fee of up to $495.00 may be retained by Monthly Pet Outlet. Customer and Monthly Pet Outlet agree that this amount is a fair and equitable amount for damages as it would be impossible to compute the exact extent of damages sustained by Monthly Pet Outlet as a result of such cancellation. If a Customer cancels a purchase after the puppy begins traveling (i.e., departs the breeder’s kennel), Customer will be responsible for the health certificate and travel fees as well as an administrative fee of up to $495.00.
7. No Warranties.
Monthly Pet Outlet disclaims any and all implied warranties of merchantability and fitness. Monthly Pet Outlet further specifically disclaims any liability related to the appearance, temperament, personality, size, weight, color, compatibility with breed standards or DNA test results of any puppy. Monthly Pet Outlet does not warrant the accuracy or completeness of the Products.
8. No Returns for Monetary Refund.
Monthly Pet Outlet will not accept any returns of the puppy for monetary refund for any reason including, without limitation, allergies, landlord/tenant restrictions, marital issues, puppy adjustment problems or any other reason. Puppies need time to adjust to their new surroundings – before deciding your puppy isn’t working out, give us a call here at Monthly Pet Outlet so we can help you figure out if any discomfort you or your puppy are having is routine adjustment or something bigger.
9. Puppy Must Be Returned If Customer Cannot Care for It.
In the event Customer is unable or unwilling to care for the puppy at any time during the puppy’s life, Customer agrees to contact Monthly Pet Outlet immediately regarding rehoming the puppy. If Customer must return the puppy for any reason, it will be on a surrender basis only with no refund or credit, and Customer will be responsible for all travel-related costs. Upon any such surrender, Monthly Pet Outlet shall use commercially reasonable efforts to find a new home for the puppy through PuppySpot’s proprietary rehoming program.
11. Consent to Receive Phone Calls and Auto-Dialed Calls.
By electronically signing this Agreement, you authorize PuppySpot, AKC Affiliates such as Third Party Pet, and our or their other affiliates to deliver to you, at the telephone number supplied by you to PuppySpot during your purchase, telemarketing text messages and calls using an automatic telephone dialing system or an artificial or prerecorded voice. In particular, some of these calls will enable us to, among other things, complete the AKC registration portion of your purchase. You are not required to consent to receive such phone calls or agree to this clause as a condition of purchase. For example, you may still complete your AKC registration at any time by calling AKC yourself. If you do not agree to receive these text messages or calls, please click here.
12. Agreement to Mandatory Individual Arbitration & Class Action Waiver.
PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. INSTEAD OF SUING IN COURT, CUSTOMER AND MONTHLY PET OUTLET AGREE THAT THE EXCLUSIVE MEANS FOR RESOLVING ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, OR CUSTOMER’S INTERACTION WITH OR RELATIONSHIP WITH MONTHLY PET OUTLET, SHALL BE BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ON AN INDIVIDUAL BASIS. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. CUSTOMER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, CUSTOMER AND PUPPYSPOT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION OR OTHER CLASS PROCEEDING. THE CUSTOMER AND PUPPYSPOT FURTHER AGREE AS FOLLOWS:
- This agreement to arbitrate is intended to be broadly interpreted, and includes, but is not limited to: (1) disputes and claims arising out of, or relating to any aspect of the relationship between Customer and PuppySpot, whether based in breach of contract, breach of any guarantees or warranties, tort, statute, fraud, misrepresentation or any other legal theory; (2) claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising); (3) claims that may arise after the termination of Customer’s relationship with PuppySpot; and (4) claims that are currently the subject of purported class action litigation in which Customer is not a member of a certified class.
- Customer and Monthly Pet Outlet hereby agree that the Federal Arbitration Act (“FAA”) applies to any arbitration, and governs all questions of whether a dispute is subject to arbitration. Unless Customer and Monthly Pet Outlet agree otherwise in writing, arbitration shall be: (i) administered by the American Arbitration Association (“AAA”), pursuant to the Consumer Arbitration Rules then in effect (the “AAA’s Rules”); and (ii) conducted by a single arbitrator who is licensed to practice law. The AAA’s Rules can be found at www.adr.org.
- THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, CUSTOMER AND PUPPYSPOT ARE ENTITLED TO PURSUE ARBITRATION ONLY ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS CUSTOMER AND PUPPYSPOT AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
- Customer and Monthly Pet Outlet each are responsible for their respective costs relating to counsel, experts and witnesses.
- This arbitration agreement does not preclude the Customer or Monthly Pet Outlet from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief on a party’s behalf. In addition, and notwithstanding the other provisions of this arbitration agreement, either party may bring an individual action in small claims court.
- If Customer or PuppySpot fails to comply with this arbitration provision, said breaching party shall be liable for the costs and attorneys’ fees incurred by the other party in enforcing compliance with the arbitration agreement.
- Unless the AAA arbitrator rules otherwise, all claims or counterclaims shall be resolved by the submission of documents only / desk arbitration (see R-29 of the AAA’s Rules). Any party, however, may ask for a hearing. The arbitrator also may decide that a face-to-face hearing is necessary. Any hearing, however, that is not held by telephone, shall take place in Broward County, Florida, unless the AAA arbitrator decides otherwise.
- Small Claims Option: You may also litigate any dispute in Small Claims Court in Broward County in the State of Florida. if your claim meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Broward, click here. However, if you initiate a Small Claims case, you are responsible for all your court costs.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against PuppySpot (except for small-claims court actions) may be commenced only in the federal or state courts located in Broward County, Florida. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
13. Choice of Law.
The Agreement, and any claim, controversy or dispute arising under or related to the Agreement, the relationship of the parties, and/or the interpretation and enforcement of the rights and duties of the parties, shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of law provisions that would cause the application of the laws of any other jurisdiction.
If any provision, or provisions, of this Agreement is held to be illegal, invalid or unenforceable under applicable law by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall continue in full force and effect and shall not in any way be affected or impaired thereby.
15. Entire Agreement.
This Agreement represents the entire agreement between the Parties and no other terms or conditions shall be applicable to this sale.