Reptiles2You Terms & Conditions
These Terms & Conditions (referred to herein as the “Agreement”) constitute a contract for the purchase of Value Added Shipping Services and ancillary shipping supplies and materials (collectively the “Services”) from Reptiles2You, LLC and Reptiles2You.com (collectively the “Seller”) by any purchasing party (“Buyer”). The Seller and Buyer are sometimes referred to collectively herein as the “Parties”.
This Agreement shall become effective immediately upon Buyer’s acceptance of the terms and conditions contained herein which shall be indicated by completion of the online Membership Agreement form and purchase of a shipping label from Seller.
THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, ORAL OR WRITTEN AGREEMENTS AND/OR REPRESENTATIONS OR OTHER TERMS & CONDITIONS NOT CONTAINED HEREIN RELATED TO THE SERVICES BY AND BETWEEN THE PARTIES TO THIS AGREEMENT.
In consideration of the mutual covenants and conditions contained herein, the adequacy of which is hereby acknowledged, the Parties agree as follows:
II. CONDITIONS OF SALE AND SERVICES PROVIDED
- AGREEMENT: The Terms & Conditions that govern the provision of Services to Buyer by the Seller.
- BUYER: The individual that executes the Agreement by completing the online Membership Application as confirmation of their understanding of and agreement to abide by the Terms & Conditions, and authorizes payment for Services from funds directly under their control.
- CARRIER: Any parcel carrier (e.g. FedEx, UPS, etc) whose Services Seller may offer to Buyer.
- FEDEX: Federal Express, Inc. (a.k.a. FedEx Corporation).
- PARCEL: An item shipped through Carrier, with suitable packaging, in accordance with this Agreement.
- RESERVATION: A purchase of Carrier value-added shipping services from Seller.
- SELLER: Reptiles2You, LLC and Reptiles2You.com.
- SERVICES: Carrier Value Added Shipping Services and ancillary shipping supplies and materials purchased from Reptiles2You, LLC and Reptiles2You.com.
- THE SHIPMENT: A phrase used to describe the Carrier shipping services purchased from Seller by Buyer.
- FedEx: FedEx Corporation
- UPS: United Parcel Service of America, Inc.
III. REPTILES2YOU ZERO TOLERANCE POLICIES
- Supplies:Ancillary shipping supplies and materials as offered on Reptiles2You.com at the published rates.
- Substitutions of Product: Items available on Reptiles2You.com as displayed are representations of the products offered. Seller reserves the right to continually substitute products from different suppliers; however, the substituted products will be substantially similar to the product description as advertised.
- Package Services:In exchange for valuable consideration received, Seller agrees to provide the following services relating to shipping the Package as a reseller of Carrier services. The terms of this section are subject to change at Seller’s sole and exclusive discretion:
- Shipping: Seller is an independent Carrier value-added shipping services reseller. Seller is not a legal subsidiary of Carrier and does not represent or speak, for or on behalf of, Carrier. Seller is not involved in the internal business dealings or practices of Carrier other than as a bulk volume customer of Carrier authorized to resell Carrier services at rates not less than those approved for Seller.
- Carrier Facilitation: Buyer agrees to allow Seller to facilitate shipping arrangements between Buyer and Carrier, via Carrier pick-up or Carrier drop-box, including but not limited to: (1) allowing Seller to provide Carrier with Buyers address; (2) allowing Seller to provide Carrier with Buyers relevant personal information; (3) allowing Seller to provide Carrier with pickup and delivery times for Buyer; (4) allowing Seller to purchase Carrier shipping on Buyers behalf; and (5) allowing Seller to pay for Carrier shipping services provided to Buyer.
- Returns: When necessary and appropriate, Seller agrees to facilitate returns for Buyer.
- Special Services - Reptile Shipping: Seller has negotiated a contractual arrangement with Carrier that allows Seller to provide Buyer with the ability to ship non-venomous reptiles via Carrier subject to all Federal, State and local jurisdictional laws, the operational rules of Carrier and the terms of this Agreement. Buyer acknowledges that the Seller is providing a good and valuable service to Buyer and is entitled to just compensation for delivery of such special services.
- Purchasing: Reservations for Carrier value-added shipping services will be accepted online at all times except for web-site downtime due to scheduled maintenance or system outages. Pick-up of parcels is limited and subject to Carrier terms and conditions, hours of operation which includes Carrier closures for the evening, weekends and holidays. Buyers are required to order their shipping through Seller in order to receive the discounts and other benefits defined in the Agreement. Reservations made directly through Carrier are outside of this Agreement and Reptiles2You LLC & Reptiles2You.com will not be responsible for any portion of the shipping, billing, tracking or customer support associated with that specific Parcel.
- Reservation Procedure: Buyer will make Reservations for Carrier value-added shipping services by ordering said service and completing payment through Seller’s website.
- Payment Terms: Upon completion of the Reservation Procedure, Buyer’s payment, via credit card or other electronic payment method will be processed by Seller subject to applicable state and local taxes.
- Product Pickup: After purchasing The Shipment from Seller, the website may inform Buyer of the proper Carrier pickup times, pickup windows and/or locations. Buyer’s acceptance of this Agreement obligates Buyer to these conditions without recourse.
- Cancellation/Refund Policy: Buyer may cancel or void Reservations, but said cancellation or voidance is subject to a discretionary service charge set by Seller.
- Charge Adjustment: Charges are subject to discretionary review and adjustment for reasons including, but not necessarily limited to: i) Buyer providing the incorrect or incomplete address information; (ii) Buyer improperly packaging a parcel(s); and (iii) Buyer’s failure to comply with Carrier and/or Sellers terms and conditions.
- No Right of Assignment: Buyer shall not be entitled to assign Buyer’s interest in The Shipment to a third party.
- Cancellation: Buyer may terminate their relationship with Seller for any reason, however, Buyer must provide written notification of such cancellation and pay all debts owing to Seller. Seller may cancel this Agreement at any time and for any reason.
- Seller’s Reservation of Rights: Seller reserves the right, at any time, to change, postpone or abandon any part or all of The Shipment and to adjust or change the terms or conditions when reasonable, advisable or necessary. In the case of such change, Seller will not be responsible for any losses or expenses incurred or caused by reason of such change, postponement or abandonment. Buyer acknowledges that unforeseen circumstances may arise which may lead to the cancellation of certain terms or conditions.
Seller has a zero tolerance policy for violations of the practices itemized in this section of the Agreement. Any violation will result in the cancellation of any Reservation provided under The Shipment services of this Agreement, including, but not limited to, revocation of shipping privileges and termination of Reservations. Seller will not be responsible for any direct or indirect losses and/or damages incurred as a result of cancellation of Reservations and services provided as part of The Shipment(s).
IV. INDEMNITY AND WAIVER FROM SUIT
- Controlled Substances: Seller has a zero tolerance policy regarding the illegal use, possession, purchase or distribution of controlled substances controlled substance as defined by the US Drug Enforcement Agency, state or other law enforcement agency; or use the Services to aid and abet the illegal use, possession, purchase or distribution of any controlled substances.
- Discrimination Against Protected Classes: Seller has a zero tolerance policy regarding discrimination against anyone in any manner that violates the US Constitution or common law of any state.
- Shipping of Venomous or Dangerous Reptiles or Animals or Hazardous Materials: Buyer shall not use the Services provided under this Agreement to transport any venomous or dangerous reptiles or animals as defined by the US Dept. of the Interior or other federal Agency, state or other law enforcement agency; or use the Services to aid and abet the illegal use, possession, purchase or distribution of any venomous or dangerous reptiles or animals. Buyer shall not use the Services provided under this Agreement to transport any hazardous materials as defined by the US Dept. of Homeland Security or other federal Agency, state or other law enforcement agency; or use the Services to aid and abet the illegal use, possession, purchase or distribution of any hazardous materials.
- Improper Packaging: Buyer shall assume all responsibility for insuring that products or content to be transported through the use of the Services has been properly packaged in accordance with the Seller’s Shipping Standards as outlined on Seller’s website. If Carrier determines a shipment is improperly packaged resulting in Carrier contacting the Seller to take remedial action, the Seller will charge Buyer a fee of $200 plus any additional shipping fees assessed by Carrier.
- Shipping Method Restrictions: Buyer agrees to ship all Live Animals by one of Carrier's OVERNIGHT service levels. Ground and 2nd Day shipping are available for NON-LIVE ITEMS ONLY.
- Personal Responsibility: Buyer agrees to indemnify and hold harmless the Seller for any and all actions of Carrier, its employees or representatives, including, but not limited to, actions by delivery personnel employed by or contracted by Carrier, in the provision of the Services and to reimburse Seller for any legal costs necessary to defend Seller from any legal action brought against Seller resulting from legal actions between Buyer and Carrier.
- Commencement of Action: In the event legal action is commenced between Carrier and the Buyer by either party regardless of cause, Buyer agrees to indemnify and hold harmless the Seller for any and all liability or expenses and to reimburse Seller for any legal costs necessary to defend Seller from any legal action brought against Seller resulting from legal actions between Carrier and Buyer.
- Buyers Assumption of Risk: Buyer accepts the inherent risks associated with shipping live animals or reptiles. Buyer understands and agrees that neither Carrier nor Seller guarantees the live arrival of animals or reptiles delivered via Carrier. Buyer agrees to indemnify and hold harmless the Seller for any and all liability and to reimburse Seller for any legal costs necessary to defend Seller from any legal action brought against Seller resulting from a failure to successfully receive or deliver live animals or reptiles as a direct result of the Buyer utilizing the Services for transportation.
- Buyer’s Additional Release of Liability: Buyer voluntarily and knowingly assumes all risks associated with the use of the Services and agrees to indemnify and hold harmless the Seller for any and all liability or expenses and to reimburse Seller for any legal costs necessary to defend Seller from any legal action brought against Seller, including but not limited to any of the following situations:
- Damage to Buyer’s parcels resulting from the use of the Services for shipping;
- Financial loss due to any errors or omissions regarding credit card or payment transactions:
- Financial loss due to Buyer’s or Seller’s cancellation or non-compliance with Carrier terms and conditions, and;
- Legal or other actions resulting from, or taken by, Buyer, Seller, or Carrier in relation to Buyer’s purchase of The Shipment.
- Buyer’s Covenant Not to Sue Seller: Buyer will not bring suit in law or equity against Seller, any of its officers, directors, stockholders, employees, agents, affiliates, or any other person or entity on grounds, including but not limited to, libel, slander, invasion of privacy, personal injury, death, negligence, property damage or attorney’s fees which may occur at a location or as a result of their purchase of The Shipment. Buyer further affirms and agrees that Seller is providing service assistance regarding, but not limited to, shipping delivery guarantees, damaged product or non-delivery reimbursement, and other services, as an inclusive component of The Shipment, however, Buyer will not bring suit in law or equity against Seller, any of its officers, directors, stockholders, employees, agents, affiliates, or any other person or entity on grounds related to Carrier error. Seller agrees that this release shall be binding upon Seller, and seller’s heirs, next of kin, executor(s) and personal representative(s).
If the Buyer accepts the terms tendered under this Agreement, the Buyer will have no right to revoke his or her acceptance, and after such acceptance the Buyer shall have no remedy against the Seller nor right to revoke such acceptance for any reason.
- Excuse of Performance by Substitute Performance: Where, without fault of either party, the agreed manner of performance becomes commercially impracticable, impossible or otherwise difficult to perform, including, but not limited to instances such as: (1) the bankruptcy of a Carrier, (2) force majeure, or (3) condemnation, closure or irreparable damage to facilities relevant to this Agreement (including the Seller’s website), parties agree that Seller may, at Seller’s sole discretion, provide a commercially reasonable substitute if available, and that if substitute performance is tendered it must be accepted.
- Complete Excuse of Performance: Where, without fault of either party, the agreed manner of performance becomes commercially impracticable, impossible or otherwise difficult to perform including, but not limited to instances such as: (1) the bankruptcy a Carrier, (2) force majeure, or (3) condemnation, closure or irreparable damage to facilities relevant to this Agreement (including the Seller’s website), parties agree that, should Seller be unable to provide reasonable and comparable substitute performance, Buyer agrees to excuse said performance and releases Seller from all liability resulting therefrom.
VIII. RIGHT TO RESELL
- Breach by Buyer: Buyer shall be considered in breach of his or her obligations under this Agreement if any of the following circumstances occur which include, but are not limited to, when:
- Buyer wrongfully rejects the services provided without just cause; or
- Buyer wrongfully attempts to reject or revoke acceptance of any part of the Agreement; or
- Buyer repudiates any transaction for Services in progress; or
- Buyer fails to make a payment due; or
- Buyer violates the Terms & Conditions of Seller; or
- Buyer violates the Terms & Conditions of Carrier; or
- Buyer violates any Federal, State or local laws where use of the Services was instrumental in facilitating the illegal act; or
- Buyer wrongfully fails to perform, or is in violation of an obligation, created by Buyer’s obtaining a Reservation and scheduling shipping of a Parcel per the terms of this Agreement.
- Remedy for Buyer Breach: If the Buyer is in breach of any portion of this Agreement, the Seller, at Seller’s discretion, may take any of the following actions inclusive of, but not limited to:
- cancel the Agreement; or
- withhold services provided under The Shipment; or
- cancel reservations made on Buyers behalf; or
- recover damages for non-acceptance, repudiation or breach.
- Liquidated Damages: The value of the liquidated damages shall be the full contract value, unless it is determined by a court of competent jurisdiction, that the measure of damages shall be the difference between the market price at the time and place for tender and the unpaid portion of the Agreement, together with any incidental damages, but less expenses saved in consequence of the Buyer’s breach.
In the event Buyer breaches, Seller may resell or donate the same service package, at public or private sale, at any time upon breach, and recover from Buyer, as liquidated damages thereon, the difference between the above purchase price thereof (plus compounded interest on such purchase price from due date thereof at 28% per annum) and the price obtained on resale or donation, if the latter be less than the former; also all incidental losses and expenses, including salesman’s time and expenses and demurrage, storage, cartage, reassigning occupancy and any relevant additional charges. Resale anywhere in the usual course of Seller’s business and resale at any terminal market, or at or near destination, shall always be proper and the price received conclusive unless bad faith is clearly proven.
Default in the payment of any installment when due shall, at the option of the Seller, render the total purchase price at once due and payable or shall entitle the Seller to immediate cancellation of the Agreement. Any money theretofore paid shall be retained by the Seller as damages, except as otherwise provided by law, time being hereby expressly made the essence of this Agreement.
X. NO ORAL MODIFICATIONS
No modification to this Agreement shall be valid unless, and in the event, that such modification is written and signed by Seller and Buyer.
XI. ATTORNEY’S FEES
In the event Buyer commences an action against Seller arising from this Agreement, should Buyer drop the suit, settle or lose on the merits, Buyer agrees to pay reasonable attorney fees incurred by Seller in defense of the action.
The parties agree that all disputes and claims relating to this Agreement shall be settled by arbitrators in accordance with the rules of the American Arbitration Association or as may otherwise agreed upon by the Buyer and the Seller. Upon the written application by either Seller or Buyer for the hearing and adjudication of a dispute or claim, the recipient of the application will proceed with arbitration hearings. All arbitration proceedings will take place in the State of Georgia, in the venue selected by the Seller. The parties agree to abide by and be bound by the decision and award of the arbitrators, and that a judgment may be entered in a court upon the award made in pursuance of this submission. Parties agree to split the costs of arbitration, accept that Buyer agrees to pay the costs of arbitration in the case that judgment is awarded in favor of Seller.
XIII. CHOICE OF LAW
All disputes and matters related to this Agreement shall be governed by and adjudicated in the State of Georgia in accordance with the Terms & Conditions contained herein.
XIV. DIGITAL SIGNATURE
The parties to this Agreement affirm that the digital signatures of the parties included in this Agreement, which signatures may include initials, a checkbox verification/confirmation, emails or other relevant affirmations of self, are intended to authenticate this writing and that the digital signatures have the same force and legal effect as the use of manual signatures.
This Agreement represents the entire understanding between the parties. Buyer’s decision to purchase and pay Seller for The Shipment constitutes Buyers acknowledgment of and consent to all of the terms and conditions of the Agreement, including, but not limited to, the limitations of liability described herein.