Updated: April 6, 2019
Please also visit our Privacy Policy section for information explaining the information we collect and how we use it.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to motivanimals. (“motivanimals,” “we” or “us”) website, motivanimals.com (the “Site”). We ask that you abide by the terms and conditions that follow, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the “Conditions”). Your use of the Site constitutes your agreement with the Conditions that follow and we reserve the right to revise these Conditions at any time. When we make changes, we will post them here. You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Conditions. If you do not agree to these Conditions, please do not use the Site.
TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. In order to contract with motivanimals you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. motivanimals retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
OUR CONTRACT
When you place an order, you will receive an email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.
PRICING AND AVAILABILITY
Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
The prices quoted on this Website are final prices, which may vary either higher or lower than the prices in stores. You acknowledge that the prices quoted on the Website at the time of ordering will be honored. Orders to USA may be subject to state or local sales taxes, which are applied and clearly displayed when you fill in your shipping address on the checkout page. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Stock levels are subject to availability and we do our best to ensure all orders are packed accordingly to the desired quantities and styles. Should any order not be fulfilled by our warehouse upon packing due to items becoming out of stock, we will inform you of this as soon as possible. We will refund you for the out of stock item(s) upon packing and send the rest of your goods. We do not hold any orders and cannot cancel orders at this point of the process. Orders will be packed and shipped as usual in our normal processes and procedures.
DELIVERY AND RETURNS
Shipping costs will be added where applicable. For shipping charges, please view the FAQ page.
Exchanges and refunds
During 14 days following the delivery of your order, you may request the exchange or refund of items, which you must return to us in perfect condition accompanied by the original invoice. Returns will only be accepted if labels and original packaging are fully intact. motivanimals cannot accept returns where labels have been removed. Products purchased on sale (discounted price) are not eligible for return or exchange. You are responsible for the shipping of returned items back to motivanimals. Items lost in transportation will not be compensated for. Shipping charges on returned merchandise are at the customer’s expense. All exchanges are subject to availability. Refunds for returned merchandise will be made within two weeks of the return of the product, to the original purchaser’s credit card or payment method. Note that additional shipping costs will not be refunded, but any paid sales tax will be included in the refund.
Defect items, after review by motivanimals and conclusion of reflecting production issues, will be exchanged to the same type of product in the same size, subject to availability, or refunded. Refunds for defect items can be made within the 14-day period following delivery. All products purchased during our final sale are not eligible for return or exchange. Exchanges and returns can be made by replying to your order email or contacting us.
When your order is placed we will send you a confirmation of the purchase. Once your package is shipped we will send you an email with final confirmation and instructions. Most orders are shipped standard mail. Depending on the intended ship-to location, orders can be subject to other shipping methods and the specific warehouse processing the order may utilize tracking. Applicable orders will have the tracking reference provided in the shipping confirmation email. Our appointed courier partners in each region deliver all orders.
PAYMENT
We accept card payments by Visa, MasterCard, American Express, and several local payment options. Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
DISCOUNT CODES (COUPON CODES)
We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. Only one promotional discount code can be applied to an order. The conditions of use relating to any discount code will be specified at the time of issue.
INTELLECTUAL PROPERTY
Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by motivanimals. The Contents, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles, and interests in and to the Site are owned by motivanimals.
PRIVACY
Our Privacy Policy describes the collection and use of information on the Site.
SITE TRANSACTIONS
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, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. 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 we make a change to or cancel an order, we will attempt to notify you by contacting the email 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. If your payment method has already been charged for an order that is later cancelled, motivanimals shall issue you a refund.
COLORS
We have made every effort to display as accurately as possible the colours of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless motivanimals and its suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees), arising from or relating in any way to your use of the Site.
CHOICE OF LAW
These Conditions shall be construed in accordance with the laws of California State, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively in the federal and state courts located in San Diego County.
LINKS TO OTHER WEBSITES
This Site may contain links to outside services and resources. You acknowledge that (A) motivanimals is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (B) motivanimals is not responsible for any other form of transmission received from any linked site. motivanimals is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by motivanimals of the site. Any concerns regarding any such link should be directed to the particular third party website. In particular, motivanimals does not accept any liability arising out of any allegation that any third party-owned content (whether published on this, or any other, web site) infringes the intellectual property rights of any person or any liability arising out of any information or opinion contained on such third party website or content.
TERMINATION
These Conditions are effective unless and until terminated by either you or motivanimals. You may terminate these Conditions at any time, and you must stop using the website upon such termination. motivanimals also may terminate these Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in motivanimals’ sole discretion you fail to comply with any term or provision of these Conditions. The Conditions relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability, and Choice of Law shall survive any termination.
DISCLAIMER
This site and the materials and products on this site are provided “as is” and without warranties of any kind. To the fullest extent permitted by law, motivanimals disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. motivanimals does not represent or warrant that this site will be uninterrupted or error-free, that any defects will be corrected, or that this site or the server that makes the site available are free of viruses or anything else harmful. motivanimals does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, reliability, or otherwise. motivanimals reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
To the maximum extent provided under the law shall, in no event, motivanimals or any of its affiliated entities or suppliers be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the site, or content downloaded from the site; (b) the performance of the services, products, and materials available from the site; or (c) the conduct of other users of the site, even if motivanimals has been advised of the possibility of such damages. You assume total responsibility for your use of the site. Your only remedy against motivanimals for dissatisfaction with the site or any content is to stop using the site. motivanimals is not responsible for any liability arising out of the website and/or any material linked through the website.
MISCELLANEOUS
This Site is controlled and operated by motivanimals from California, USA. These Conditions including, without limitation, any other Conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Conditions and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of motivanimals to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these terms and conditions by sending an email to your last known email address, and any such notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Conditions and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Site or export the Content in violation of laws and regulations. If you access the Site from a location outside California state, you are responsible for compliance with all local laws.