Terms and Conditions
Updated on April 6, 2021
Welcome to the Fluffy Persians Cattery (Fluffy Persians) website, with a homepage located at fluffypersians.com the (Site).
Fluffy Persians provides Persian cats and kittens which are available to individuals and families (services), which can be accessed throughout the site.
These Terms and Conditions are entered into by and between you and Fluffy Persians (“us,” “we” or “Fluffy Persians”). The following Terms and Conditions, together with the Privacy, Returns, Shipping, Health Guarantee Policies, disclaimers or terms and conditions that appear elsewhere on the Site, which are incorporated herein by reference, (collectively, the “Terms”) govern your access to and use of the Site, including any functionality, goods, and services offered on or through the Site.
Please read the Terms carefully. By either: (1) using the Site, or (2) clicking on the “I Agree” check box, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Site. “You” and similar terms means you as an individual, as well as the business or entity on whose behalf you are using this Site, and you represent and warrant that you are authorized to enter into this agreement on behalf of yourself and such business or entity.
This Site is owned and controlled by Fluffy Persians and is operated with the assistance of certain third parties.
Fluffy Persians reserves the right to make changes to the Site and its Terms at any time. If you are dissatisfied with the Site, its content or Terms, you agree that your sole and exclusive remedy is to discontinue using the Site.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
The Site is offered and available to users who are 18 years of age or older and reside in the United States. By using the Site, you represent and warrant that you are 18 years of age or older and otherwise meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Services.
The Site is controlled and operated by Fluffy Persians within the United States and is intended only for use by users in the United States. The Site is not intended to subject Fluffy Persians to any non-U.S. jurisdiction or law. We make no representation that the information or materials on or linked through Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules and regulations in their respective location in doing so.
Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-transferable right to access and use the Site, solely and strictly in accordance with these Terms.
We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. Fluffy Persians does not make any representations or guarantees regarding uptime or availability of the Site.
In connection with the Site, you must not:
Transmit or otherwise make available through or in connection with the Site, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious;
Use any device, software or routine that interferes with the Site;
Restrict or inhibit any other person from using the Site;
Reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Site;
Use the Site in an unlawful or fraudulent manner;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
Use any automatic device, process or means to access the Site for any purpose, including monitoring or copying content on the Site; and
Otherwise attempt to interfere with the proper working of the Site.
We may block, limit or terminate your access to the Site for any reason, including if: (i) you violate these Terms; (ii) you violate any applicable law or regulation relating to your use of the Site; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us.
Disclaimer of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Intellectual Property Rights
Unless otherwise noted, the Site and its entire content, features and functionality (including all information, software, text, displays, images, video, audio, and the compilation thereof) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Fluffy Persians, its suppliers or affiliates, or by third parties who have licensed their materials to Fluffy Persians, and are protected by U.S. and international copyright, trademark, patent, trade secure and other intellectual property or proprietary laws.
Fluffy Persians and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Fluffy Persians’s or any third party’s intellectual property rights.
Changes to the Site and Terms and Conditions
You agree and understand that the Site, including any and all features available via the Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Site implemented after your initial access to the Site shall be subject to these Terms.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Pricing and Availability
Prices and availability of our Services are subject to change without notice. Errors will be corrected where discovered, and Fluffy Persians reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card or other payment mechanism charged.
In the event that You schedule an in-person meeting with Fluffy Persians and fail to attend without giving 24 hours notice, We reserve the right to request a direct deposit up to 25% the total price of the intended purchase prior to scheduling a new appointment. This additional prepayment will not include any amount previously paid for reservations or deposits. The remaining percentage will be paid in the requested method as listed in the product or service's description upon completion of the transaction.
In the event that you schedule a video call with Fluffy Persians and fail to attend, Fluffy Persians reserves the right to conduct all future inquiries only through email, text, or phone.
Fluffy Persians may at times accept prepayment deposits to reserve one of our products or services for a later date. These deposits are non-refundable once paid. These deposits may amount up to 25% the total price of the requested product or service. The remaining percentage will be paid upon completion of the transaction in the method listed in the product or service's item description. As stated in Our Returns Policy, Fluffy Persians does not accept returns or refunds requested on purchases that were made using a prepayment deposit except in the case of our Health Guarantee Policy.