Animal Plastics Terms and Conditions of Sale
"WARNING: This product contains a chemical known to the State of California to cause cancer or birth defects, or other reproductive harm (California law requires this warning be given to customers in the State of California)"
-By placing an order buyer acknowledges that he/she has carefully read Animal Plastics' terms and conditions of sale and agrees and accepts them as terms of purchase.
- Please, if you are considering a refund and wanting to cancel an order placed with our company but not shipped yet contact us before filing a dispute or claim with your credit card or bank. We are very good to work with.
- If you decide you need to cancel your order for any reason you may do so for a full refund as long as your product has not actually been manufactured yet.
- Since all of our products are manufactured to order, orders are considered custom. If you order has actually been manufactured and ready to ship we can not provide an immediate full refund. We can provide you with full store credit, or we will give you a full refund when we find a buyer for your custom order.
- We accept returns for store credit only. The amount of credit will be equal to the purchase price paid by the buyer. We do not issue credit or refunds on shipping and handling costs to or from your destination. Buyer will also be responsible to pay the shipping costs of the replacement item from our warehouse to buyer's destination. We try at all costs to avoid returns. Please make sure you ask as many questions as possible before placing an order as returns can get costly and time consuming for the buyer. Before issuing store credit, we must receive the returned item in the same condition as when it left our warehouse. Buyer will be responsible for properly packing the item for return shipping. The packing must be professionally done and the package must be strapped to a pallet to meet our carrier safety requirements. In the event the returned item arrives damaged, we will deduct the repair amount from your store credit until the damage claim funds have been issued to us from buyer or carrier. It is the buyer's responsibility to file the claim for damage. Please be advised that if the item arrives damaged due to improper packing, the claim for damage will be denied. After the item to be returned is completely packed, please call us at (515) 276-7387 so we can fax or email you the completed Bill of Lading required by the driver picking up.
Storage and Handling Fees:
- Any orders for product, either not paid, partially paid, or paid in full, in which are completely manufactured and ready to ship but you,the buyer or representative of the buyer, have not agreed to or responded to our request to accept the product by shipping and that have been at our facility for more than 14 days may incur a storage and handling fee per day after the 14 days based on the order size or order amount.
I. DEPOSITS: All of our units are custom made. We do require at least 50% down before we can start on any order. In the event that you are unable to go through with the order, we will hold your deposit until we have sold the units to someone else.
PAYMENT: Payment to be received in full before shipping out to buyer. We accept Visa or MasterCard over the phone, as well as Paypal, money orders, and cashiers checks. In certain circumstances, we may allow a business check. For payments received by a company check, please allow at least 7 days for clearance of funds into our bank account. For bounced checks, buyer will be charged a NSF fee of $29. All items shipped out of the state of Iowa will be exempt from Iowa State Sales Tax. All items picked up from our facility will be subject to Iowa State Sales Tax of 6%. Customer will be informed of estimated lead times when placing their order.
SHIPPING: We ship all of our units out UNASSEMBLED. Not only does this keep shipping prices low, it also keeps units the safest during shipping. We do assemble most of our units at our facility, and screw holes will be there for you.
SHIPPING & RECEIVING GUIDELINES: Your shipment will be fully insured by the delivering carrier for loss or damage caused in transit. In order for a loss or damage claim to be honored by the delivering carrier, you must follow the following guidelines carefully. If the below guidelines are not strictly adhered to, your claim will be denied:
The delivering carrier should call you at least 24 hrs in advance to coordinate a delivery day and time. They will give you a time window for arrival. Seller cannot be responsible in the event of poor coordination/timing of the delivering carrier. Upon receipt of your shipment, do not sign off to the driver until you have carefully inspected the package. Signing off to the driver means that you have received it in good condition. Do not sign off for the package if the item is not on a pallet or the package looks damaged or worn from mishandling. If the driver delivers your package and it is not on a pallet or it looks like it has been mishandled, please make the driver wait until you have unpacked the item and inspected it. The driver in this case is obligated to wait until you unpack before signing off to him. If an item is not on a pallet, this means that the delivering carrier removed the pallet to make room in the truck. Based on our agreement with them, they are not allowed to do so and you have the right to refuse the shipment or the driver must wait until you inspect it before signing off. The best way to protect yourself is to have a camera ready to take pictures of the package when it arrives to you. Take as many pictures as possible if you feel that the package has been mistreated or is not on a pallet when it arrives. In this case if you decide to refuse the shipment because of damage, then the carrier will not charge you to ship it back to us. In order for them to ship it back free of charge to our warehouse, you must have the driver sign off that the package was damaged or mistreated in transit. Please follow these guidelines carefully in case you need to file a claim or refuse a shipment. If you have any questions about signing off for a shipment from us, please call us at (515) 276-7387.
All shipping rates are standard curbside delivery rates. This means that the driver will place your package outside your door. We do not require a signature on ground shipments!
HEATING & ELECTRICAL: Our electrical products, including but not limited to heat cable, flexible heat tape, light sockets, LED strips/wires are not manufactured specifically for reptile use. Animal Plastics nor the manufacturers will be held liable for damages caused by malfunctions, improper use, etc. By purchasing a rack or cage from Animal Plastics with a heating or any other electrical option, you are fully aware of the dangers of heating and electrical products. All heating elements must be run on a thermostat. A proportional thermostat, rather than an on/off type thermostat, is the only type of thermostat you should use to control heat cable or flexible heat tape control. By purchasing a product with heating options you are specifically asking Animal Plastics to install or provide heating elements that are commonly used in the industry, but are not approved by the manufacturer of the heating elements for this specific use. Animal Plastics and the manufacturer of the heating elements will not be held responsible for malfunctions of the heating elements or electrical elements because they are not specifically intended for use in this specific industry or application.
This website is operated by Animal Plastics. Throughout the site, the terms “we”, “us” and “our” refer to Animal Plastics. Animal Plastics offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Animal Plastics, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Animal Plastics and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 6220 NW Beaver Drive Johnston Iowa US 50131.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.