Terms and Conditions
Customer/Member Relationship with Perfectly Pawsitive, LLC
Perfectly Pawsitive, LLC website is powered by WIX. All wine is sold by Perfectly Pawsitive, LLC. The member use of our services and this website (referred to collectively as the “Services”) is subject to the terms of this legal agreement between the member/user and Perfectly Pawsitive, LLC. This document sets out the terms of that agreement.
Perfectly Pawsitive, LLC may also be referred to as Perfectly Pawsitive throughout this document, it does not refer to any other company and it to be treated as the official name.
At a minimum the member’s/user’s agreement with Perfectly Pawsitive, LLC will always include the terms and conditions set out in this document. These are referred to as the “Universal Terms.”
The member’s/user’s agreement with Perfectly Pawsitive, LLC will also include the terms of any Legal Notices applicable to the Services. These are referred to as the “Additional Terms.” Where Additional Terms apply to a Service, these will be accessible for the member/user to read either within, or through the member’s/user’s use of, that Service.
The Universal Terms, together with the Additional Terms, form a legally binding agreement between the member/user and Perfectly Pawsitive, LLC in relation to the member’s/user’s use of the Services. It is important that member/user take the time to read them carefully. This legal agreement is referred to as the “Terms”.
If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
Accepting the Terms
In order to use the Services, the member/user must first agree to the Terms, the member/user may not use the Services if member does not accept the Terms.
The member/user can accept the Terms by: (a) clicking to accept or agree to the Terms, where this option is made available to the member/user by Perfectly Pawsitive in the user interface for any Service; or (b) by actually using the Services. In this case, the member/user understands and agrees that Perfectly Pawsitive will treat the member/user use of the Services as acceptance of the Terms from that point onward.
Before member continues, member should print off or save a local copy of the Universal Terms for the member records.
If the member/user wishes to purchase any product or service made available through the Services (each such purchase, a “Transaction”) the member/user may be asked to supply certain information relevant to their Transaction, including without limitation, the members/users credit card number, the expiration date of the member/user credit card, the members/users billing address, and the members/users shipping information. THE MEMBER/USER REPRESENTS AND WARRANTS THAT THEY HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, the member/user grants to Perfectly Pawsitive the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by the member/user or on the members/users behalf. In connection with each Transaction, the member/user represents that the products will be used only in a lawful manner and resale of any product is strictly prohibited. Product availability varies by state as the law does not allow us to ship all products to all states. If the weather is too hot or too cold, we may also suggest delaying the members/users shipment until conditions are more favorable.
In the event that the member/user should have a broken bottle or damaged delivery issue, just email Perfectly Pawsitive at PerfectlyPawsitiveLL@gmail.com within 30 days of delivery. We will work with the member/user to resolve the problem to their complete satisfaction, which may include a refund.
WE WANT PERFECTLY PAWSITIVE MEMBERS/USER TO BE SATISIFIED WITH THEIR PURCHASE. If the member is dissatisfied with any product that they receive from Perfectly Pawsitive email us at PerfectlyPawsitiveLLC@gmail.com within 30 days of delivery. We will work with the member/user to resolve the problem to their complete satisfaction.
If a delivery is refused or returned to Perfectly Pawsitive, a $15 restocking fee will be issued.
Provision of the Services by Perfectly Pawsitive, LLC
Perfectly Pawsitive has affiliated legal entities (“Affiliates”), sometimes, these Affiliates will provide the Services to the member/user on behalf of Perfectly Pawsitive. The member/user acknowledges and agrees that Affiliates will be entitled to provide the Services to them.
Perfectly Pawsitive is constantly innovating in order to provide the best possible experience for its members/users. The member/user acknowledges and agrees that the form and nature of the Services which Perfectly Pawsitive provides may change from time to time without prior notice to the member/user.
As part of this continuing innovation, the member/user acknowledges and agrees that Perfectly Pawsitive may stop (permanently or temporarily) providing the Services (or any features within the Services) to the member/user or to users generally at Perfectly Pawsitive’s sole discretion, without prior notice to the member/user. The member/user may stop using the Services at any time in accordance with the section “Ending the Member/User Relationship with Perfectly Pawsitive, LLC” outline below.
The member/user acknowledges and agrees that if Perfectly Pawsitive disables access to their account, the member/user may be prevented from accessing the Services, their account details or any other content which is contained in their account.
Membership Eligibility; Use of the Services by Member/User
Membership is available to members/users who are residents of the United States and who have not been suspended or removed by Perfectly Pawsitive previously. The member/user agrees to use the Services for personal use and not for commercial purposes. Members/users may not have more than one active membership account. Members/users are prohibited from selling, trading or otherwise transferring a membership account to anyone else. Perfectly Pawsitive is not liable for any damages or losses caused by someone using the member’s/user’s account without their permission. However, if Perfectly Pawsitive suffers any damage due to the unauthorized use of the member’s/user’s account, the member/user may be liable. By using the Services, the member/user represent that they qualify to use the Services.
In order to access certain Services, the member/user may be required to provide information about themselves (such as identification or contact details) as part of the registration process for the Service, or as part of the member/user continued use of the Services. The member/user agrees that any registration information given to Perfectly Pawsitive will always be accurate, correct and up to date.
The member/user agrees to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law or regulation.
The member/user agrees not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Perfectly Pawsitive, unless the member/user have been specifically authorized to do so in a separate written agreement with Perfectly Pawsitive.
The member/user agrees that they will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless the member/user have been specifically permitted to do so in a separate written agreement with Perfectly Pawsitive, the member/user agrees that they will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
The member/user agrees that they are solely responsible for (and that Perfectly Pawsitive has no responsibility to the member/user or to any third party for) any breach of the member obligations under the Terms and for the consequences (including any loss or damage which Perfectly Pawsitive may suffer) of any such breach.
Passwords and Account Security
The member/user agrees and understands that they are responsible for maintaining the confidentiality of passwords associated with any account member/user to access the Services.
Accordingly, the member/user agrees that they will be solely responsible to Perfectly Pawsitive for all activities that occur under their account.
If the member/user becomes aware of any unauthorized use of heir password or of their account, the member/user agrees to notify Perfectly Pawsitive immediately via email at PerfectlyPawsitiveLLC@gmail.com.
Privacy and the Member/User Personal Information
The member/user agrees to the use of their data in accordance with Perfectly Pawsitive’s privacy policies.
Content in the Services
The member/user understands that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which they may have access to as part of, or through the member use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.”
The member/user should be aware that all information which they have access to as part of, or through the members/users use of, the Services (“Content”) may be protected by intellectual property rights which are owned by Perfectly Pawsitive or third parties who provide that Content to Perfectly Pawsitive (or by other persons or companies on their behalf). The member/user may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless they have been specifically told that they may do so by Perfectly Pawsitive, or by the owners of that Content, in a separate written agreement.
The member/user acknowledges and agrees that Perfectly Pawsitive (or Perfectly Pawsitive’s licensors) own all legal rights, titles and interests in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever those rights may exist).
Unless the member/user has agreed otherwise in writing with Perfectly Pawsitive, nothing in the Terms gives the member/user a right to use any of Perfectly Pawsitive’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
If the member/user has been given an explicit right to use any of these brand features in a separate written agreement with Perfectly Pawsitive, then the member/user agrees that their use of such features shall be in compliance with that agreement and any applicable provisions of the Terms as updated from time to time.
License from Perfectly Pawsitive, LLC
Perfectly Pawsitive gives each member/user a personal, royalty-free, non-assignable and non-exclusive license to use the Services as provided to them by Perfectly Pawsitive. This license is for the sole purpose of enabling the member/user to use and enjoy the benefits of the Services as provided by Perfectly Pawsitive, in the manner permitted by the Terms.
Content License from Member/User
By submitting, posting or displaying any content on or through the Services, the member/user gives Perfectly Pawsitive a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which the member/user may submit, post or display on or through, the Services. Perfectly Pawsitive reserves the right at any time to remove any content generated, submitted, posted or displayed by the member/user on or through the Services.
The member/user confirms and warrants to Perfectly Pawsitive that they have all the rights, power and authority necessary to grant the above license.
Ending the Member/User Relationship with Perfectly Pawsitive, LLC
The Terms will continue to apply until terminated by either the member/user or Perfectly Pawsitive as set out below.
If the member/user decides to terminate their legal agreement with Perfectly Pawsitive, the member/user may do so by (a) notifying Perfectly Pawsitive at any time via email PerfectlyPawsitiveLLC@gmail.com (b) closing the member account for all of the Services. Termination must be completed before 15 days of their next shipment, otherwise the member/user will be charged for that shipment and cancelation will be applied after such date.
Perfectly Pawsitive may at any time terminate its legal agreement with the member/user for any reason, including without limitation, if: (a) the member/user has breached any provision of the Terms and Conditions (or have acted in a manner which clearly shows that the member/user does not intend to, or is unable to comply with the provisions of the Terms); or (b) Perfectly Pawsitive is required to do so by law (for example, where the provision of the Services to the member/user is, or becomes, unlawful); or (c) the partner with whom Perfectly Pawsitive offered the Services to the member/user has terminated its relationship with Perfectly Pawsitive or ceased to offer the Services to the member/user; or (d) Perfectly Pawsitive is transitioning to no longer providing the Services to the members/users in the jurisdiction in which they are residents or from which the member/user uses the Service; or (e) the provision of the Services to the member/user by Perfectly Pawsitive is (in Perfectly Pawsitive’s opinion) no longer commercially viable.
Nothing in this Section shall affect Perfectly Pawsitive’s rights regarding provision of Services under these Terms.
When these Terms and Conditions come to an end, all of the legal rights, obligations and liabilities that the member/user and Perfectly Pawsitive have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph below shall continue to apply to such rights, obligations and liabilities indefinitely.
EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT PERFECTLY PAWSITIVE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN THE MEMBERS/USERS JURISDICTION WILL APPLY TO THE MEMBER/USER AND PERFECTLY PAWSITIVE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE MEMBER/USER EXPRESSLY UNDERSTAND AND AGREE THAT THEIR USE OF THE SERVICES IS AT THE MEMBERs/USERs SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
IN PARTICULAR, PERFECTLY PAWSITIVE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO THE MEMBER/USER THAT: (A) THE MEMBER/USER USES OF THE SERVICES WILL MEET THE MEMBER/USER REQUIREMENTS, (B) THE MEMBER/USER USES OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.
ANY PRODUCTS OBTAINED THROUGH THE USE OF THE SERVICES ARE OBTAINED AT THE MEMBERS/USERS OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THEIR USE OF THE SERVICES AND PRODUCTS.
Notwithstanding Perfectly Pawsitive’s making any third party products available on its website through the Services, Perfectly Pawsitive shall have no responsibility or liability to the member/user for such third party products and any claims or disputes by the member/user regarding these products shall be brought directly to and shall be the responsibility of that third party vendor.
PERFECTLY PAWSITIVE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION ABOVE, MEMBER/USER EXPRESSLY UNDERSTAND AND AGREE THAT PERFECTLY PAWSITIVE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO THE MEMBER/USER FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY THE MEMBER/USER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY THE MEMBER/USER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY THE MEMBER/USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN THE MEMBER/USER AND ANY ADVERTISER WHOSE CONTENT APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH PERFECTLY PAWSITIVE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE MEMBER/USER FAILURE TO PROVIDE PREFECTLY PAWSITIVE WITH ACCURATE ACCOUNT INFORMATION; (IV) THE MEMBER/USER FAILURE TO KEEP THE MEMBERS/USERs PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; THE LIMITATIONS ON PERFECTLY PAWSITIVE LIABILITY SHALL APPLY WHETHER OR NOT PERFECTLY PAWSITIVE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Copyright and Trademark Policies
It is Perfectly Pawsitive’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.
Some of the Services are supported by advertising revenue. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
The manner, mode and extent of advertising by Perfectly Pawsitive on the Services are subject to change without specific notice to the member/user.
In consideration for Perfectly Pawsitive granting the member/user access to and use of the Services, they member/user must agree that Perfectly Pawsitive may place such advertising on the Services.
The Services may include hyperlinks to other web sites or content or resources. Perfectly Pawsitive may have no control over any web sites or resources which are provided by companies or persons other than Perfectly Pawsitive.
The member/user acknowledges and agrees that Perfectly Pawsitive is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
The member/user acknowledges and agrees that Perfectly Pawsitive is not liable for any loss or damage which may be incurred by the member/user as a result of the availability of those external sites or resources, or as a result of any reliance placed by the member/user on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
Changes to the Terms
Perfectly Pawsitive may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Perfectly Pawsitive will make a new copy of the Universal Terms available at www. Perfectly Pawsitive.com/terms-and-conditions and any new Additional Terms will be made available to member from within, or through, the affected Services.
The member/user understands and agrees that if they are to use the Services after the date on which the Universal Terms or Additional Terms have changed, Perfectly Pawsitive will treat their use as acceptance of the updated Universal Terms or Additional Terms.
General Legal Terms
Sometimes when the member/user uses the Services, they may (as a result of, or through the member/user use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. The member/user use of these other services, software or goods may be subject to separate terms between the member/user and the company or person concerned. If so, the Terms do not affect the member/user legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between the member/user and Perfectly Pawsitive and govern the member use of the Services (but excluding any services which Perfectly Pawsitive may provide to the member/user under a separate written agreement), and completely replace any prior agreements between the member/user and Perfectly Pawsitive in relation to the Services.
The member/user agrees that Perfectly Pawsitive may provide the member/user with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
The member/user agrees that if Perfectly Pawsitive does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Perfectly Pawsitive has the benefit of under any applicable law), this will not be taken to be a formal waiver of Perfectly Pawsitive’s rights and that those rights or remedies will still be available to Perfectly Pawsitive.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The member/user acknowledges and agrees that each member of the group of companies of which Perfectly Pawsitive is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
The Terms and the member/user relationship with Perfectly Pawsitive under the Terms, shall be governed by the laws of the State of Virginia without regard to its conflict of law’s provisions. Any controversy or claim arising out of or relating to these Terms, the Services or the relationship between member and us shall be settled by binding arbitration administered by the American Arbitration Association using the AAA's Commercial Dispute Resolution Procedures and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be specific to member/user, and as such, the member/user agrees that they shall not bring or participate in any action against Perfectly Pawsitive as part of a class action either in arbitration or in any court. In the event the foregoing is held to be unenforceable by any court, the member/user and Perfectly Pawsitive agree to submit to the exclusive jurisdiction of the courts located within the State of Virginia to resolve any legal matter arising from the Terms. Notwithstanding this, the member/user agrees that Perfectly Pawsitive shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Code of Conduct
At Perfectly Pawsitive, we continually strive to offer our members/users a superior experience by producing exceptional wines and curating other small-production, hard-to-find products that our procurement teams discover from all over the world. We also do our best to offer a first-class experience for our members/users and uphold the highest degree of professionalism. We, therefore, reserve the right to cancel and/or terminate any member’s/user’s account for any violation of the Terms & Conditions listed throughout the site. Any fraudulent behavior, creating of multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, either on Perfectly Pawsitive or any other website in regard to Perfectly Pawsitive or while contacting any of our Support Team, will not be tolerated.
We’ll help you with choosing the product that’s right for you, and if you can’t find what you’re looking for, we’ll offer suitable alternatives. Ready to start shopping with us?
This policy does not apply to the practices of individuals that Perfectly Pawsitive, LLC does not employ or manage, or to companies we do not own or control, including without limitation the practices of third party websites that you may access through a link on our website.
Perfectly Pawsitive, LLC may also be referred to as Perfectly Pawsitive, PP, we, or our throughout this document or any other document, on any website, or on any logo, it does not refer to any other company and it to be treated as the official name for Perfectly Pawsitive, LLC.
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide certain services to you, such as shipping and credit card processing, targeted advertising and partnership marketing. We also are affiliated with a variety of businesses, including wineries, whose products may be sold to you through our website. We may need to share some of your personal information with them, but these companies do not retain, share, store or use personally identifiable information beyond what is necessary to assist us. We may share your personal information with third parties that perform marketing services for us, but these parties do not retain, share, store or use this personal information beyond what is necessary to assist us.
No registration is required in order to use this website, though a user must provide personal information prior to completing any purchase. Personal information includes such items as name, email, phone number and shipping address and financial information such as credit card number, expiration date, billing address. and date of birth. This information is necessary in order for us to contact users to confirm orders, and facilitate shipping and billing; if you do not provide all the required information, you will not be able to complete the purchase through our website. When you place an order on our website, you will be prompted to become a registered user by creating a User Account, you will be required to provide a password for your User Account, which is editable at any time. The information that you provide when placing an order will be saved to your User Account, and you may edit it at any time: name, date of birth, phone number, and email address with the option to save a credit card.
When our order form asks users to enter sensitive information (such as credit card number), that information is encrypted (add what with in the future).
We automatically receive and store certain types of information about you whenever you visit our site, such as your IP address and cookie information. This is general information about your location and usage of the site, and we will combine it with any personal information you provide to tell us who you are or what your email address is. We occasionally use these addresses to send promotional offers and other emails. If you do not wish to receive email from us, please unsubscribe using the link at the bottom of the email. Please note that we may send legal notices via email, so if you’ve opted out of receiving correspondence from us, you are responsible for reviewing all legal notices on our website. We will also send transactional information (if applicable) via email, and you will receive these emails even if you have opted out of receiving other correspondence from us.
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email or by means of a notice on our home page.