Roses Pet Supplies Terms and Conditions and e-Store Policies
By accepting delivery of any product ordered from Rose's Pet Supplies or on any affiliated sites RosesPetSupplies.com, MoreCatSupplies.com, PetDogStore.com, SimplyPetBeds.com, AllForPuppies.com, OnlyBirdSupplies.com, JustNaturalPets.com, OnlyReptiles.com, JustDogClothing.com, AllDogClothes.com, AquariumAndFishSupplies.com , PetShopeUSA.com, ("Roses Pet Supplies"), you ("Customer") agree to be bound by the terms and conditions listed. You and Roses Pet Supplies agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Roses Pet Supplies. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Roses Pet Supplies.
Warranties; All Product Sold "AS-IS" or "With All Faults"
ROSES PET SUPPLIES IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY ROSES PET SUPPLIES ARE NOT MANUFACTURED BY ROSES PET SUPPLIES. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER'S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). ROSES PET SUPPLIES ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. ROSES PET SUPPLIES MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. ROSES PET SUPPLIES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
ALL ITEMS SOLD THROUGH ROSESPETSUPPLIES.COM ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR ROSES PET SUPPLIES , ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
Limitation of Liability
IN ALL CIRCUMSTANCES ROSES PET SUPPLIES 'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. ROSES PET SUPPLIES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. ROSES PET SUPPLIES SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT ROSES PET SUPPLIES HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
Roses Pet Supplies does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. Customer agrees not to record any call with Roses Pet Supplies unless Customer has provided clear and conspicuous notice to Roses Pet Supplies and has received prior written consent from Roses Pet Supplies.
An order is not binding upon Roses Pet Supplies until it is accepted; Roses Pet Supplies must receive payment and verify product listing information and pricing before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, Google Checkout, PayPal, or some other method prearranged with Roses Pet Supplies. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Your total cost for purchase of any product will include the shipping and handling charges shown on your Roses Pet Supplies invoice. However, your original shipping fees are non-refundable in the case of a returned product. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you if your item is returned for a refund to Roses Pet Supplies.
Risk of Loss
Roses Pet Supplies will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. Roses Pet Supplies reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Roses Pet Supplies to sign appropriate documents on Customer's behalf to permit Roses Pet Supplies to protect its purchase money security interest. Roses Pet Supplies will advise Customer of estimated shipping dates, but Roses Pet Supplies will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Roses Pet Supplies and Customer shall be governed by the laws of the State of New York, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Roses Pet Supplies and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of New York, Suffolk County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Roses Pet Supplies that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable New York law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
These terms and conditions, together with Roses Pet Supplies invoice regarding the products ordered by Customer, are the complete and exclusive agreement between Roses Pet Supplies and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Roses Pet Supplies and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
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All orders require 1-5 days processing time before shipping.
Roses Pet Supplies does not process orders during weekends.
Shipping to Alaska, Hawaii, Canada and all International destinations must call for authorization and special shipping rates and terms.
All orders shipped within New York will be charged state sales tax. Please note that the sales tax is calculated based upon the total price of the order, including shipping and handling. The tax imposed by New York state on shipping and handling is part of the state sales tax, not a separate tax.
Bundle Specials are offered to Roses Pet Supplies shoppers as a way to purchase multiple items together at a discounted price. Offers valid only while supplies of all items within the bundle last. If you attempt to purchase multiple units of a Bundle Special, be advised that items with a mail-in rebate will yield only one redeemable rebate offer (per the manufacturer's "limit one per household" provision). Roses Pet Supplies cannot guarantee the compatibility of bundle items.
If you wish to return a Bundle Special for a refund, you must return the ENTIRE BUNDLE within 30 days of the original invoice date. Note that a 15% restocking fee will be applied. Components within a Bundle Special may be returned for repair/replacement only. Individual items within a bundle may only be returned for repair/replacement if an RMA number is acquired within the return period.
Manufacturer Kits are different than bundles as they are arranged by the brand/manufacturer and will only have one item number. Warranty guidelines have yet to be stipulated.
Roses Pet Supplies will sometimes furnish an alphanumeric code that can be used for promotions on our Web site. These promotional codes may be found in print and/or online advertisements, sent via email to our Newsletter and/or Promotion subscribers, presented on the Roses Pet Supplies Web site or circulated at events and through other means. Some of the specials offered by entering a Promo Code during checkout include product discounts, free shipping, volume discounts, free gifts or complimentary Rush Order processing. The provisions for a Promo Code will be included with the code itself; if an expiration date or other condition is stipulated, just reference where you acquired the code for the exact requirements. Please note that Promo Codes are not redeemable for cash and you must spend more than the discount price in order for a promotion to be applied. For example, if a Promo Code offered $10.00 off your next purchase, you would need to spend more than $10.00 to redeem your discount.
For your convenience, Roses Pet Supplies does its best to advertise any current rebates on our Web site. Any use of these rebates is limited to the terms and conditions specified by the product manufacturer. If you have any questions regarding rebate terms and conditions, please contact the manufacturer directly.
Sales tax is only required for orders shipping into New York, these orders will be charged applicable sales tax. Please note that the sales tax for New York State is calculated based upon the total price of the order, including shipping and handling from Suffolk County. The tax imposed by these states on shipping and handling is part of the state sales tax, not a separate tax.
Roses Pet Supplies, like other e-tailers, ships items in the condition they were received from the original manufacturer/distributor. Roses Pet Supplies does not conduct product testing before shipping any merchandise.
Money Back Guarantee/Refund/Return Policy
All regulations governing this policy are defined on the return policy page.
Physical Damage Policy
Physical damage to any product purchased at Roses Pet Supplies will effectively void warranty coverage. Physical damage includes but is not limited to improper handling and/or any other type of damage sustained by irregular usage. Roses Pet Supplies encounters obviously abused items regularly when inspecting physically damaged. Forcing components together will not solve an installation problem and may consequently void any applicable warranty coverage. Manufacturers will not accept physically damaged products back from Roses Pet Supplies. As a result, Roses Pet Supplies will return any physically damaged product back to the customer at the customer's request and expense.
A minimum 15% restocking fee will be applied to all returns for refund. Shipping charges are non-refundable. No refunds after 30 days.
You can expect your order to be processed within approximately 2-5 days, provided the items are in stock and there are no problems with payment verification. Roses Pet Supplies does not guarantee same day-shipping. Orders are not processed on weekends and holidays. Orders that require special processing or are special orders from the manufacturer will require additional processing time.
Roses Pet Supplies does not sell backordered merchandise. We will never purposely charge a customer for an item that we do not physically have in stock at the time of purchase. Occasional inventory discrepancies may occur due to inaccurate inventory counts or possibly because the last few items on our shelves are damaged and/or not in a condition that we can sell to a customer. In that instance, we will refund your credit/debit card for the item, along with any applicable tax fees and shipping charges. An automated email will also be sent to your Roses Pet Supplies login to alert you of the situation.
Roses Pet Supplies will keep you informed of your order status via e-mail. All tracking information will be emailed to your RosesPetSupplies.com email ID once your order has shipped (except when an APO/FPO is the shipping destination). You may also acquire your order status and other live updates by logging in to your account on our Web site.
Security is our number one priority. All on-line transactions are sent through our secure servers, utilizing the most secure certificates in the industry, Extended Validation SSL certificates and encrypted with 256-bit technology. Once we receive your information through the internet, only trusted, authorized employees will process the payment to make sure your information is handled with the utmost level of security. If required for order processing we may share your order and/or shipping information with our partner/supplier/manufacturer, we will never share your financial information.
Safe Shopping Guarantee
Fair Credit Billing Act: We guarantee that every online transaction you make will be 100% safe. This means you pay nothing if unauthorized charges are made to your card as a result of shopping at our online store. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 for fraudulent charges. If your bank does hold you liable for any of this $50.00, we will cover the entire liability for you, up to the full $50.00. We will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own from purchases made while using our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
You may request a change to your order provided the order has not already been charged to your account. Please call 1-888-446-6116 during Roses Pet Supplies's hours of operation to request a change to your order. Please have your sales order (SO) or customer number ready for better assistance. We strongly discourage sending change order requests via email because it is unlikely we will receive the message in time to make an adjustment due to the sheer volume of emails we receive each day.
You may request that an order be cancelled provided the order has not already been processed. Simply call 888-446-6116 during Roses Pet Supplies hours of operation to request an order cancellation. You will receive a credit for the full amount to your credit/debit card in approximately 1-2 business days. We strongly discourage sending order cancellation requests via email because it is unlikely we will receive the message in time to void the order due to the sheer volume of emails we receive each day.
Unfortunately, we do not currently have a reseller or discount program available at this time. Roses Pet Supplies currently already negotiates the best possible price for you, and offers these great discounts to all of our customers through our Web site. Anytime we receive any specials or promotions, we will immediately post them on our Web site for you to take advantage.
Roses Pet Supplies does not have a reseller or discount program available at this time. We work hard to negotiate the best values on the Internet and offer these tremendous values to all of our customers via our Web site. All of our inventory shown online is live, posted in real-time and accessible 24/7/365. We also do our best to advertise any specials, promotions or rebates for our customers' benefit.
Roses Pet Supplies strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our Web site. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our Web site is labeled with an incorrect price due to some typographical, informational, technical or other error, Roses Pet Supplies shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other Web sites from Roses Pet Supplies are provided as resources to customers looking for additional information and/or professional opinion. Roses Pet Supplies does not assume responsibility for the claims and/or representations made on these or any other Web sites.
Roses Pet Supplies is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, Roses Pet Supplies puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our Web site to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. Roses Pet Supplies relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, Roses Pet Supplies will not be held responsible for product revision changes.
Roses Pet Supplies reads all reviews before posting them and reserves the right to deny any review.
Here are some of the things that can cause a review to be denied or edited (we reserve the right to remove any of the below offences):
- Offensive or abusive language.
- Prices and availability can change very quickly on the RosesPetSupplies.com Web site, so please leave such information out of your review.
- References to other stores/resellers.
- Comments on products that was either physically damaged or misused.
- Replies to existing customer reviews; please do not attempt to initiate discussions here, we have a forum for those type of communication.
- Comparisons to competing brands/products of competing brands.
- Criticism of Roses Pet Supplies service or the service of our operations partners. (FedEx, UPS, USPS, PayPal, Google etc.)
- References to aftermarket procedures or installation techniques not mentioned specifically in the original product documentation
- Illegal content
- Invasions of personal privacy
- Pornography or obscenity
- Hate or incitement of violence, threats of harm or safety of a person
- Graphic violence or other acts resulting in serious injury or death
- Any violations of copyright.
We may change these policies at any time without notice.
( V1.02: -- 09/18/2011 )