DIRECT2PET TERMS AND CONDITIONS

These Terms and Conditions, together with the Terms of Use and Privacy Statement, govern the relationship between consumers who purchase products on this website or otherwise generally use this website (“you”) and Direct2Pet US, LLC, an online pet product ordering service provider (“Direct2Pet”).

Direct2Pet reserves the right to revise and amend these Terms and Conditions to reflect changes in technology, payment methods, applicable laws, regulatory requirements, and Direct2Pet system capabilities. The Terms and Conditions applicable to your order are those accessible on this website and in force at the time of your order. If you are a subscriber, you will be notified of any changes to the Terms and Conditions. If you do not agree to the changes, you may cancel your subscription.

1. ORDERS

By placing an order, you represent and warrant to Direct2Pet that you are of the age of majority in your State, and that the product is being ordered solely for your personal use, and you will not market, resell or otherwise distribute the product to any third party for commercial purposes.

You may place an order directly on the website. Once your basket has been validated, you will have to choose the delivery address, and validate your means of payment, this last step formalizing the sales contract with Direct2Pet.

Direct2Pet will acknowledge receipt of your order upon validation by sending you an order confirmation email.

In certain cases, in particular for non-payment, incorrect address or any other problem related to your account, Direct2Pet reserves the right to block your order until the problem is solved.

If one of the products you ordered is unavailable (for example due to stock availability), you will be informed and will be offered to either cancel the order or modify your order, for example by ordering a replacement product. If you choose to cancel your order, the amount you paid will be refunded through the payment method used during your order.

A. CHANGING YOUR ORER

If you wish to change or cancel your order after confirming it on the website, you may contact Direct2Pet customer service. If Direct2Pet has not started filling your order, Direct2Pet may be able to change it based on your new instructions and send you a new confirmation email. If Direct2Pet has started filling your order, Direct2Pet will not be able to change it and will notify you as such.

B. SUBSCRIPTION ORDER

You may also sign up for a Direct2Pet subscription, allowing you to set up several recurring orders, for products and according to the shipping frequency you determine. If one of the products is unavailable for a given deadline, you will be informed in advance and may modify your order, for example by ordering a replacement product or even by deleting your order for said deadline.

To subscribe, you will be asked to create an account and choose a password, as well as to register a payment method. You warrant the accuracy and completeness of the information provided to Direct2Pet and you will be solely responsible for any errors, omissions and updates. You agree to quickly update the information provided when necessary.

You must take all necessary precautions to ensure the confidentiality, security and correct use of your username and password, to prevent them from being disclosed or used by unauthorized third parties. Any connection to your account and transmission of data made through your account will be deemed to have been made by you and under your sole responsibility. In the event of fraudulent use of the password or your username, you agree to inform Direct2Pet in writing as soon as possible.

The subscription is free of charge, and you will only have to pay the price of the products included in each of your orders, when they are shipped.

You will be able to access your subscriber area at any time to: (i) change the terms of your recurring orders (i.e., the products ordered, their quantity or frequency of shipment, their delivery or billing address), and (ii) modify or cancel a specific order, provided that said modification or cancellation occurs no later than 3 business days before the next scheduled shipment date.

You may also suspend your subscription for as long as you need or cancel it free of charge at any time.

2. ACCOUNT AND TRACKING

When placing your order, you may open a user account. You may also place an order on the website without opening an account.

If you have created a customer account on the website, you may access such account at any time to track your order.

In any case, including if you did not create an account, you shall be informed of the progress of your order by e-mail.

The images of the products on the website are for illustrative purposes and the packaging of the product may vary slightly from that shown in images due to technical limitations of your screen or device.

3. DELIVERY

Several deliveries options are available and may include a free delivery option for certain purchases (i.e., subscriptions, dollar amount thresholds, promotions).

Standard deliveries take place within the timeframe specified when ordering, which will generally be from 3 to 10 business days from the order being placed, or according to the terms defined in the context of your subscription. If the last day of the delivery period falls on a Saturday, on a Sunday or on a public holiday, it is automatically postponed to the next working day. Orders may be delivered in multiple parcels.

In the event of a significant delay in shipment due to Direct2Pet, Direct2Pet will inform you via the contact details you provided. Therefore, it is important that your contact details are accurate. In the event of a failure to ship the products within the time period specified, you may cancel your order.

All products purchased from Direct2Pet are delivered to users through a shipping company. Any risk of loss or damage to the products passes to you at the time you or a third party designated by you, and other than Direct2Pet carrier, takes physical possession of the product.

Once the products have been shipped to the address you have given, you will receive confirmation of shipment by email.

4. PRICE

Direct2Pet reserves the right to adjust prices in its sole discretion at any time without notice. Such changes will not affect orders already placed or subscription orders already sent, and you will always be charged the price reflected on the website and in force at the time of your order.

If you are a subscriber, you will be notified by email of price changes reasonably in advance of your next delivery, and your acceptance of subscription deliveries after such notice will constitute your acceptance of the price changes. If you do not agree with the price change, you will be able to cancel your subscription at any time directly from your user account.

All prices displayed on the website are in U.S. Dollars.

5. PAYMENT

Direct2Pet accepts payment by credit card (Visa, Mastercard, American Express, Discover, and Diners Club), Shop Pay, Apple Pay, and Google Pay. Your account will be charged upon confirmation of the product shipment.

If you have signed up for a subscription, your credit card data will be kept by Direct2Pet for the duration of your subscription. You will be charged for the price of your order on the date it is shipped. You can modify your payment details in your subscriber account at any time. If your card expires, Direct2Pet will send you an email inviting you to update your credit card details. If you do not perform the said update, or more generally if a payment is refused by your banking institution for any reason whatsoever, your subscription will be suspended.

A. DISCOUNT CODES

If a discount code is used, the applicable code for the concerned offer must be entered in the “Discount” field. Discount codes cannot be used in combination with other promotions or coupons; only one discount code can be used per transaction and the amount of that discount code is deducted from the balance of the shopping cart. Direct2Pet reserves the right to restrict the use of discount codes for payment of certain products, weights, and shipping charges. Unless otherwise specified in the Terms and Conditions of the offer, online discount codes are not valid in stores or any other point of sale where its products are sold.

6. RETURN OF PRODUCTS

Products must be returned within 30 days in their original form, without use or damage to the products, and without compromising their merchantability. Direct2Pet will not accept returns of opened, unpacked, damaged, or used products. Direct2Pet will reimburse you all the payments Direct2Pet received from you, including shipping costs. Direct2Pet will process the refund using the same payment method you used for the initial transaction. Direct2Pet may withhold reimbursement until Direct2Pet receives the product or until you provide proof of shipment of the product, whichever is the earliest.

7. LIMITATIONS OF LIABILITY

Direct2Pet will not be liable for any consequential, indirect, punitive, or special damages of any kind arising out of or relating to the breach of these Terms and Conditions, any offense or any other reason due to website access (or inability to access), use of the website or any other data or program on the website, or the use of the products. Direct2Pet cannot be held liable for any interruption of transactions made through the website or for any failure or negligence which are caused by the consumer or by the unforeseeable act of a third party, which effects cannot be avoided, or by an event of force majeure.

8. CUSTOMER SERVICE

If you have a question about your order or subscription, you can contact Direct2Pet via the Contact page on the website, or by phone at 1-866-473-3643 (hours of operation are typically Monday - Friday, from 8 am – 8 pm CST, and Saturday – Sunday from 8 am – 4 pm CST).

9. PERSONAL DATA

Direct2Pet may collect and process several categories of personal data that you provide. Direct2Pet will keep your personal data secure. For more information, please see the Privacy Statement (above).

10. DISPUTE RESOLUTION

In the event of a dispute that may arise between you and Direct2Pet related to these Terms and Conditions or from the use of the website or the products, the Dispute Resolution terms within the Terms of Use (above) will apply.

 11. USER GENERATED CONTENT

Thank you for sharing your love for pets! Mars Petcare US, Inc., along with Mars, Incorporated and all of their present and future parent, subsidiary, or affiliated entities (collectively, "Mars") welcomes any content or information you publish through any social media and allow Mars to feature, including your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (collectively, "User Generated Content" or "UGC"). By sharing your UGC with Mars, you are agreeing to the following Terms and Conditions and to our Privacy Policy.

By submitting, posting, displaying, or sharing your UGC with us, you represent and warrant that: you are over 18 years of age; you own all right, title and interest in the UGC; the UGC does not violate or facilitate the violation of any law or regulation; the UGC and the sharing, use, and/or publication of the UGC does not violate the rights of any other person or entity, including intellectual property, privacy, or publicity rights; the UGC will not cause injury to any person or entity and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You agree to indemnify Mars and all affiliated entities for any and all losses, claims, damages and/or liabilities arising out of or related to the invalidity or inaccuracy of such representations and warranties. You are solely responsible for the UGC you submit, and Mars assumes no liability for any UGC you submit.

By sharing your UGC, you grant to Mars Petcare US, Inc., Mars, Incorporated, and all of their present and future parent, subsidiary or affiliated entities, and as may be applicable, their successors and assigns, a perpetual, worldwide, non-exclusive, sub-licensable, fully paid-up, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such UGC and to incorporate the UGC into any form, medium, or technology, now known or hereafter developed, throughout the world (including, but not limited to, digital media advertisements), all without compensation to you, with or without your name or user handle. Do not send us any UGC that you do not wish to license to us, including any confidential information or any original creative materials. In addition, you grant Mars the right to include the name or user handle provided along with the UGC you submit; provided, however, Mars shall have no obligation to include such name or user handle with such UGC. Subject to applicable privacy laws, Mars is not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any UGC you submit. By sharing your UGC with us, it will be available to the public. Please use caution when deciding what personal information to disclose.

You acknowledge and agree that Mars has no obligation to use any of the UGC that you share, and we reserve the right to select in our sole discretion which UGC will be published. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor UGC; (ii) alter, remove, or refuse to post or allow to be posted any UGC; and/or (iii) disclose any UGC, and the circumstances surrounding its transmission, to any third party. The UGC submitted to us may be used on our website and on our social media pages. We also may publish this UGC in any and all Mars collateral, e-mail marketing, point of sale store materials, and in any other type of promotional and marketing materials.

You represent and warrant that you have all rights necessary for you to grant the licenses granted herein, including but not limited to, permission from or on behalf of any individuals that may appear in the UGC to use, and grant to third parties such as Mars the right to use, their name, image, voice and/or likeness without compensation to you or to any other person or entity. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding UGC that you may have under any applicable law under any legal theory.

By sharing your UGC, you fully and finally release Mars from any and all liability, damages, losses or claims of any nature or type arising out of or related to our use of the UGC.