Agreement between user and Bark Appeal Inc
The Bark Appeal website (the “Site”) is comprised of various web pages operated by Bark Appeal, Inc. Our website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of barkappeal.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
MAP: All customers are to follow the MAP that Bark Appeal, Inc. has set in place for Brick and Mortar location and Online/Third Party sales. Bark Appeal reserves the right to stop selling to retailors that do not follow these guidelines without notice.
Online Retailors: To use the Bark Appeal name on any advertising of our product, you must offer our entire Harness line, colors and sizes. All links using the Bark Appeal name must go solely to Bark Appeal products offered on that site.
Electronic Communications: Visiting barkappeal.com sending emails to Bark Appeal, Inc. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your account: You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Bark Appeal, Inc. are not responsible for third party access to your account that results from theft or misappropriation of your account. Bark Appeal, Inc. reserve the right to refuse or cancel service and terminate accounts in our sole discretion.
Bark Appeal, Inc. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you must have permission of a parent or guardian to purchase from our website.
Placing Orders: A Sellers Permit # and Tax ID # are required to be on file with Bark Appeal, Inc. for all Wholesale customers.
We accept payments by: Visa, MasterCard, Discover, American Express and PayPal. If you wish to apply for credit with Bark Appeal Inc., please contact our office.
We require a valid credit card to be on file for any payments by check. A $35.00 fee will be charged to your account for any returned checks.
You may place orders directly through our website at www.barkappeal.com, by Email: email@example.com, by Fax: 1.887.613.1233, Texting order to: 843.602.0948 or by calling our office toll free at 1.800.520.1951, 949.276.2400.
Discounts: Discounts offered on our website are for Bark Appeal Website orders only and will not be applied to orders placed outside our Website, Third Party orders Drop Ship orders or any other order that isn’t placed directly through barkappeal.com unless Bark Appeal, Inc. has authorized a discount to be offered by a third party. Any discounts have to be listed at the time the order is placed and if it isn’t, the discount won’t be applied. All discounts are off regular pricing and only one discount will be applied to your order. Discounts are applied when your order is processed and may not reflect on our website.
International Discounts: A 15% discount will be applied to all International orders placed directly with Bark Appeal Inc. This helps with the shipping cost and the duties fees. No Free Shipping is given on International orders.
Shipping: Please allow 1-3 business days for your order to be processed and shipped. For Express Delivery please contact our office 949.276.2400.
Orders are shipped via UPS, Fed Ex Ground, USPS Priority Mail or First-Class Mail w/ Delivery Confirmation. Please contact our office if you would like to add insurance to your shipment. Bark Appeal, Inc. will not be responsible for lost or damaged shipments if you do not request insurance.
Guaranteed Shipping Cost: FREE SHIPPING is offered on all orders over $195 shipped to your business address within the contiguous US. To qualify for Free Shipping your order must meet the minimum after any discounts have been applied. Orders that are shipping outside the contiguous US please contact our office for rates.
Selling our Products: No customer is to sell Bark Appeal products below our Minimum Advertised Price (MAP pricing).
Please contact us before listing Bark Appeal items on Amazon, eBay or other 3rd party websites. We reserve the right to deny sales to those who don’t comply with our terms.
Damaged Items / Missing Items: If you receive any damaged product, missing an item, please contact our office 949.276.2400 within 5 business days of receipt of your order and we will get a replacement item sent out to you. Any product sent back to us without contacting our office first, will not be accepted and or will be subject to a 15% restocking fee. Customers are responsible for all return and exchange fee. Brick and Mortar locations: For damaged items, we will need a picture sent to us with a description of how it was damaged. For items that are returned to you for any reason other than damaged and can’t be resold, please send a picture with description of the reason it was returned. It will be determined if it is necessary to return the item for further inspection.
Note: Customers are responsible for the proper care of all product and No exchanges or credit will be given on items chewed or damaged by a pet. Please contact our office for any question regarding this.
Product Exchange Policy: Satisfaction is our goal! We want what sells the best in your locations and understand that at times, you may have a slow-moving color or size. Our exchange program allows you to try our product without the worry of being stuck with a color or size that isn’t moving well. To take advantage of our exchange program, you must contact our office to receive an RMA number. If we receive product back without an RMA number, it will be returned to you at your cost. Exchanged product must be clean and have the original tag in place with no pricing on it. You will be responsible for shipping the product back to us and the shipping for us to return the new items to you. A 15% restock fee will apply to all exchanged items which covers the inspection and restocking of the exchanged items. If there were any discounts from the order in which product is being exchanged from, the discount will be deducted from the exchange value and will be applied before any restock fee is applied. After the product has been received and inspected by our staff, a credit less the restock fee will be applied to your account to be used for product. Our exchange program is for product only. Sorry, No Exchange will be given on CBD products.
Subscription Cancellation: You may cancel your subscription any time. If your product has already shipped, you will be responsible for the product and your subscription will be canceled from that point forward. Please contact us at firstname.lastname@example.org or 949.276.2400 with any questions.
Bark Appeal, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bark Appeal, Inc. sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Bark Appeal, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Bark Appeal, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Bark Appeal, Inc. is not responsible for any content on third party sites regarding any of Bark Appeal, Inc. You are responsible for adhering to such limitations if you upload the materials.
International: If you access the purchasing our product from a location outside the USA, you are responsible for compliance with all local laws.
Indemnification: You agree to indemnify, defend and hold harmless Bark Appeal, Inc and any of its officers, employees and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Bark Appeal, Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bark Appeal, Inc. in asserting any available defenses.
Arbitration: In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other comfort, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforce ability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver: Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration’s and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability disclaimer: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BARK APPEAL, INC. MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BARK APPEAL, INC. MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BARK APPEAL, INC. HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Termination/access restriction: Bark Appeal, Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bark Appeal, Inc. as a result of this agreement or use of the Site. Bark Appeal, Inc. performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bark Appeal, Inc. right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Bark Appeal, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Bark Appeal, Inc. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bark Appeal, Inc. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms: Bark Appeal, Inc. reserves the right, in its sole discretion, to change the Terms of this website. The most current version of the Terms will supersede all previous versions. Bark Appeal, Inc. encourages you to periodically review the Terms to stay informed of our updates.
PO Box 73073
San Clemente, CA 92673
Office hours: Monday – Friday 7:00 am – 4:00 pm PST.