At Barkley & Wagz we take pride in our reputation for quality and will do our best to ensure your total satisfaction with your purchase. If for any reason you are dissatisfied with your Barkley & Wagz product(s), we will assist in processing a prompt refund or exchange in accordance with the following terms:
If you purchased your product(s) from our online store, barkleyandwagz.com, you may return your item(s) within 30 days of the date of purchase. Please note the following conditions for a return or exchange:
1. Returned/exchanged merchandise must be accompanied by your proof of purchase
2. Merchandise needs to be in unused, undamaged, and in brand new condition. All tags need to be attached and merchandise in the original packaging.
3. Refunds for returned items will be issued via the original payment method.
4. Refunds are processed within four weeks of the date you deliver your return merchandise to the return shipper. Please note that it is beyond our control when your bank/credit card issuer will post the refund to your account.
Damaged or Defective Items:
If the merchandise you purchased from our store, juliebluet.com, was received in a damaged condition, the item will be replaced with an identical product. Similarly, if your item is in need of repair for any reason, please contact us using the information listed below.
1. ACCEPTANCE OF TERMS
This website www.barkleyandwagz.com("Site") is a service of Barkley and Wagz. Barkley and Wagz provides its service to you subject to the following Terms and Conditions of Use ("Terms"). By accessing this Site, you agree to the Terms. In addition, when using the services available through the Site, you are subject to any posted guidelines or rules applicable to those services. All guidelines and rules applicable to those services are hereby incorporated into these Terms. These Terms apply only to this Site, and not to any other Barkley & Wagz website or the websites of any Barkley & Wagz affiliate.
2. DESCRIPTION OF SERVICE
Barkley & Wagz sells products including apparel, dog beds, phone cases, iPad cases, and wall art online. Unless specifically stated otherwise, any new features that augment or enhance the current Service are subject to these Terms. You can review the most current version of the Terms at any time on our website.
3. USE OF SITE
3.1 Proprietary Rights
The Site contains information, text, designs, graphics, images, and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, or other intellectual or proprietary rights owned by Barkley & Wagz . You acknowledge and agree that these rights belong to Barkley & Wagz and are protected in all forms, media and technologies existing now or developed later. Barkley & Wagz logos and product and service names are trademarks of Barkley & Wagz . You agree not to display or use the Barkley & Wagz marks in any manner, without Barkley & Wagz prior written permission.
3.2 No Framing
You may not to frame or mirror any Content displayed on or accessible from this Site without prior written authorization of Barkley & Wagz .
3.3 Online Conduct
Your use of the Site is subject to applicable local, state, federal, and international law. You may not use the Site or any of the Content for any illegal purpose. You may not transmit to or through the Site any illegal, harmful, threatening, defamatory, obscene, hateful or other objectionable material of any kind. You may not interfere with, abuse or otherwise violate the legal rights of Barkley & Wagz using the Site (including by using any merchandise or the Services offered on or in connection with the Site). By way of example only, and not as a limitation, you specifically agree not to:
(a) upload, post, e-mail, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable in Barkley & Wagz sole opinion;
(b) harm minors in any way through your use of the Site, the Service, or the Content;
(c) impersonate any person or entity, including, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post, e-mail, or otherwise transmit any Content that you do not have a right to transmit under any law or under contract (such as confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) use the Service to advertise Internet sites or services which are competitive to the Service;
(g) upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(h) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law.
3.4 Use of Content
Barkley & Wagz grants permission to access and view the Site and Content for the sole purpose of submitting an order. Any other use of the Site or the Content, in whole or in part, is strictly prohibited, including without limitation: modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of the Site or the Content. Without limiting the foregoing, any unauthorized use of the Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.
In order to submit an order, you must be at least 18 years or older; you must be a human (accounts registered by "bots" or other automated methods are not permitted); you must provide your legal first and last name, a valid email address, and any other information requested in order to complete the order process. In addition, you may not share your login with others; a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. Barkley & Wagz cannot and will not be liable for any loss or damage from your failure to maintain the security of your account or password. You are responsible for all activity that occurs under your account.
The Site and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Barkley & Wagz is a publisher of the content of this site. No oral advice or written information given by Barkley & Wagz nor any of its affiliates, employees, officers, directors, agents, or the like creates a warranty. Price and availability information is subject to change without notice.
5. LIMITATION OF LIABILITY
Your use of the Site and its contents is at your own risk. Neither Barkley & Wagz nor any of its affiliates or other parties involved in creating and delivering the site, or the service or any products provided as a part of, or otherwise in connection with, the Site, will be liable for any compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, or any claims of third parties arising from use of the Site, regardless of the legal theory on which the claim is based, and even if advised of the possibility of such damages. This limitation includes but is not limited to any damages arising out of reliance by the user on information obtained from Barkley & Wagz or the Site, or for damages which result from any mistake, omission, virus, delay in operation, interruption of service, or failure of performance, whether or not resulting from an act of God, communications failure, theft, or unauthorized access to Barkley & Wagz records or the Site. The aggregate liability of Barkley & Wagz under these terms is limited to the fees actually paid by you for the Services.
Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to you; in such states, liability is limited to the fullest extent permitted by law.
YOU AGREE TO INDEMNIFY AND HOLD Barkley & Wagz , ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE, USE OF YOUR ACCOUNT BY ANY THIRD PARTY, THE VIOLATION OF THE TERMS AND CONDITIONS OF USAGE, OR THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR THE VIOLATION OF ANY APPLICABLE LAW, STATUTE, ORDINANCE OR REGULATION . THIS OBLIGATION SURVIVES ANY TERMINATION OF THESE TERMS.
7. APPLICABLE LAW
By accessing the Site both you and Barkley & Wagz agree that the statutes and laws of the state of Virginia, without regard to the conflicts of laws principles, will apply to all matters relating to use of the site and its contents. Barkley & Wagz makes no representation that the Contents are appropriate or will be available for use in all locations or any specific location. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content and the third party content. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies, or other entities located in the United States. You and agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts in Spotsylvania County, Virginia with respect to any matters relating to the Services, the use of the Site and its Contents, or any transactions done through the Site.
8. LINKS TO OTHER WEBSITES AND SERVICES
This Site may from time to time contain links to other sites. The linked sites are not under the control of Barkley & Wagz , and Barkley & Wagz is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to those sites. Barkley & Wagz reserves the right to terminate any link or linking program at any time. Barkley & Wagz is providing these links to you only as a convenience. Barkley & Wagz is not endorsing companies or products by linking to them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.
You agree not to violate or attempt to violate the security of the Site, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Site; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mail bombing, or crashing; or (f) sending promotions, and, advertising products or services.
You will promptly notify Barkley & Wagz of any known or suspected unauthorized use of the Service, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. Such notification should be sent via email to firstname.lastname@example.org . Barkley & Wagz is not liable for any loss or damage resulting from your failure to safeguard your password and account.
10. LEGAL CONSIDERATIONS
You must possess the legal right and ability to use the Site. Without limiting the foregoing, you agree to be financially responsible for any orders placed through the Site under your name and password. You also acknowledge that the Content may not be suitable for all visitors. You agree to comply with all applicable laws, rules and regulations concerning your access to or use of the Site and the Content, including any rules regarding your access to or use of the Site (such as any applicable rules and or policies of your employer or Internet Service Provider). Notwithstanding any other provision of the Terms to the contrary, Barkley & Wagz reserves the right to cooperate with local, state, and federal officials in any investigation relating to any purported illegal activity and, to disclose any personal information furnished by you or collected by Barkleyandwagz.com to law enforcement authorities or other relevant or related third parties. Barkley & Wagz RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME BY POSTING CHANGES ONLINE. YOU ARE RESPONSIBLE FOR REVIEWING THESE TERMS TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR CONTINUED VISITS, USE OF THE SERVICES, OR PURCHASE OF MERCHANDISE THROUGH THE SITE AFTER THE TERMS HAVE BEEN CHANGED CONSTITUTES YOUR ACCEPTANCE OF THOSE CHANGES.
If any provision of these Terms is held to be invalid by a court of competent jurisdiction, then that provision will be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Barkley & Wagz to enforce any right or provision in these Terms is not a waiver of that right or provision.. If you violate these Terms, Barkley & Wagz reserves the right to terminate Service to you without notice. Your sole recourse and remedy is to receive a refund for prepaid but unused Services, if applicable. Upon termination, for any reason, you cease having access to and use of the Service. Termination does not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to Barkley & Wagz .