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WEBSITE CONDITIONS OF USE
This document explains our position and specific conditions regarding your use of our Internet or "web" site. By using this Site, you agree to be bound by our Conditions of Use, Legal Notices, and Privacy Policy (collectively, "Notices and Policies"), in addition to other terms and conditions that may appear throughout our Site. References to "Quando" in this document mean Quando Enterprises, Inc., its affiliates, subsidiaries, divisions and designees, and the Site owner. Quando reserves the right to make changes to this Site and its Notices and Policies at any time. Each time you use this Site, you should visit and review the then current Notices and Policies that apply to your transactions and use of this Site. If you do not agree to be bound by the then current Notices and Polices, your sole remedy is not to use this Site. Quando is not responsible for typographical or photographic errors on this Site. LIMITATION OF LIABILITY You expressly agree that your use of this Site is at your sole risk. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Quando and its officers, directors and employees, as well as its third-party agents, contractors, distributors, merchants or sponsors (collectively, "Third Parties"), can not and do not warrant that use of this Site will be uninterrupted or error-free. Neither Quando nor its Third Parties warrant the accuracy, integrity or completeness of the content provided on this Site or the products or services offered for sale on this Site. Quando and its Third Parties specifically disclaim all warranties, whether express or implied, including warranties of title, merchantability, or fitness for a particular purpose. No oral or written information or advice given by Quando or its Third Parties shall create a warranty, except where the exclusion or limitation of certain warranties is prohibited by law. Under no circumstances shall Quando or its Third Parties be liable for any direct, indirect, incidental, special or consequential damages that result from your use or inability to use this Site, including your reliance on any information obtained from this Site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operating or transmissions, or any failure of performance. The foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Quando has been advised of or should have knowledge of the possibility of such damages. By your use of this Site, you acknowledge that this paragraph shall apply to all content, merchandise and services available through this Site, except where the exclusion or limitation of incidental or consequential damages is prohibited by law. INTENDED FOR USERS OVER 13 YEARS OF AGE The safety of children is very important to us. Although this Site is intended for use by persons at least 13 years of age, Quando can not prohibit minors from visiting our Site and must rely on parents and guardians (at least 18 years of age at time of use) to decide which materials are appropriate for children under 13. Quando will not knowingly collect personal information from children. INFORMATION, ARTICLES AND ADVICE Quando offers articles, information, and advice to pet parents through this Site for educational purposes only. Any information offered through this Site is not intended to diagnose, treat, or cure your pet, and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health related advice concerning the care and treatment of your pet, call or contact your regular veterinarian or local animal hospital. PRODUCT DISPLAY AND COLORS This Site attempts to display product images as accurately as possible. However, we can not guarantee that the color you see matches the product color. Note that the display of color may depend, in part, upon the monitor you are using. ERRORS ON SITE Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and Quando reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, whether or not the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, Quando will issue a credit to your credit card account in the amount of the charge. Individual bank policies will control when this amount is credited to your account. (If you are not fully satisfied with your purchase, you may return it in accordance with Quando's Return Policy.) PRICING Online prices, offers and selection are subject to change without notice. We reserve the right to limit sales, including the right to refuse sales, to resellers. SALES TAX Because Quando does business throughout the United States and Canada and collects and remits sales tax as required by law, this Site also collects and remits sales tax as appropriate. PAYING FOR YOUR ORDER You may pay for your order with a major credit card. We accept VisaŽ, MasterCardŽ only at this time. We will post changes to this policy on the website when they become available. Generally, credit cards are not charged by Quando until we either ship the order to you or confirm availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit card issuer at the time you place the order, which may have an effect on your available credit. Gift cards are debited at the time an order is placed and will automatically be applied toward your order total at checkout, up to the total purchase amount. A credit card is required when using a gift card. If the balance of your order is less than or equal to the amount of your gift card, your credit card will not be charged. If your order total exceeds the value of the gift card, you will be required to use either another gift card or credit card. If there is a balance on your order after applying your gift card(s), we will charge the difference to the credit card provided. The amount charged to a credit card will be treated as explained. Entry of a credit card in conjunction with a gift card also enables us to properly credit your order in the event you return merchandise at a later time that was initially paid for using a gift card. We are unable to credit gift cards for returned merchandise. COUPONS If using a coupon code, it must be entered during checkout in the designated Coupon Code field to redeem the respective offer. Coupons may not be combined with other coupons or promotional offers, are limited to one per transaction, and may not be redeemed for cash, credit or refund. See other restrictions in the terms of each offer. Quando reserves the right to restrict use of coupons on certain products, weight and destination fees, and expedited shipping charges. Online coupons are not valid in Quando stores unless otherwise stated in the offer terms. VALIDATING YOUR ORDER After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment and/or shipping address. We reserve the right to reject any order you place with us and/or limit quantities on any order, without giving a reason. If we reject your order, we will attempt to notify you using the email address you have provided with the order. Generally, your credit card will not be charged if we reject an order; however, we will process a refund if a charge has been made against your card. ORDER ACCEPTANCE/CONFIRMATION Your receipt of an electronic or other form of order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Quando reserves the right at any time after receipt of your order to accept or decline your order for any reason. RETURN POLICY All sales made through this Site are subject to Quando's Return Policy. ORDER LIMITATIONS/LIMITED QUANTITIES Quando may, at is sole discretion, limit or cancel quantities purchased per person, per household, or per order. Restrictions may include orders placed by the same Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to your order, we will attempt to notify you by the email and/or billing address provided with your order. Quando reserves the right to limit or prohibit sales to dealers. SHIPPING All orders placed on this Site are subject to product availability and will be shipped according to our Site shipping terms. In the rare event that your order never arrives, we must receive notification of lost items via email and/or phone (as provided in our shipping terms) within sixty (60) days of receipt of the shipping confirmation email. INDEMNITY You agree to indemnify and hold Quando and its officers, agents, employees and other partners and Third Parties harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any other third party due to or arising out of your use of this Site, including your use of this Site to provide a link to another site or to upload content or other information to this Site. DISPUTES This Site is operated by Quando, with offices in the United States of America. If there is any dispute regarding this Site, by using this Site, you agree that the dispute will be governed by the laws of the State of Kentucky without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts of the State of Kentucky, Jessamine County. TERMINATION OF SITE USE Quando, in its sole discretion, may terminate your account or use of this Site at anytime. You are personally liable for any orders that you place or charges that you incur prior to your termination. Quando reserves the right to change, suspend, or discontinue all or any aspects of this Site at any time, without prior notice. CONTACT US If you have questions about our Conditions of Use, Legal Notices or Privacy Policy, you may contact us by:
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