Terms of service
Overview
These Terms of Service ("Terms") apply to your use of mellable.com (the "Site") and any purchase you make from us. The Site is operated by Mellable ("Mellable", "we", "us" or "our"). Our store is hosted on Shopify.
By using the Site or placing an order, you agree to these Terms, our Privacy Policy and our Return Policy, which form part of these Terms. If you don't agree, please don't use the Site.
IMPORTANT: SECTION 18 CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES ARE RESOLVED FOR CUSTOMERS IN THE UNITED STATES. YOU CAN OPT OUT WITHIN 30 DAYS, AS EXPLAINED IN THAT SECTION.
1. Eligibility
You must be at least the age of majority where you live to use the Site or place an order. By using the Site, you confirm that you can enter into a binding contract with us.
2. Using the Site
You agree not to use the Site for anything unlawful, and not to:
- interfere with the Site's security or operation, or upload viruses or harmful code
- copy, scrape or collect content or other people's information from the Site
- submit false or misleading information
- infringe our intellectual property or anyone else's
- post anything abusive, defamatory or obscene
We may suspend or end your access to the Site if you break these Terms.
3. Product Information and Use
We try to describe our products accurately, including images and colors, but we can't guarantee that every description is error-free or that colors will display exactly on your screen.
Always follow the instructions and safety information supplied with our products. If you notice any irritation, discomfort or unusual reaction in your pet, stop using the product and contact your veterinarian. You are responsible for supervising your pet and using our products as directed. We are not responsible for any injury, damage or loss caused by misuse of our products or failure to follow the instructions.
4. Not Veterinary Advice
Information on the Site is for general purposes only and is not veterinary or medical advice. It is not a substitute for advice from a qualified veterinarian. If you have concerns about your pet's health or behavior, please consult your veterinarian. Statements on the Site have not been evaluated by the US Food and Drug Administration, and our products are not intended to diagnose, treat, cure or prevent any disease.
Results vary from pet to pet. Reviews and testimonials reflect individual experiences and are not a guarantee of the results you will see.
5. Prices and Payment
Prices are shown in the currency of your selected country and may change at any time without notice. Prices and available payment methods are confirmed at checkout.
For orders shipped to the countries we serve, prices include any import duties. You will not be asked to pay duties on delivery. Any sales tax or VAT that applies is shown at checkout.
By submitting payment details, you confirm you are authorized to use that payment method. We are not responsible for fees charged by your bank or card provider, including currency conversion fees.
6. Orders
Your order is an offer to buy from us. Receiving an order confirmation does not mean we have accepted your order. We accept your order when we ship it.
We may refuse or cancel any order, or limit quantities, for any reason. This includes suspected fraud, pricing or product errors, or orders that appear to be placed by resellers. If we cancel an order you have paid for, we will refund you in full.
If there is an error in a product's price or description, we may correct it and cancel affected orders, even after you have ordered.
7. Promotions, Discounts and Bundles
Discount codes and promotions are subject to the terms shown with the offer. Unless stated otherwise, they can't be combined, have no cash value and may be withdrawn at any time. Free gifts are subject to availability and may be substituted with an item of similar value.
8. Subscriptions
If we offer subscriptions, any additional terms, including billing frequency and how to cancel, will be shown clearly before you sign up. You can cancel a subscription at any time before your next billing date by contacting support@mellable.com.
9. Shipping and Delivery
Delivery times shown on the Site and at checkout are estimates, not guarantees. You are responsible for providing a correct and complete shipping address. We are not responsible for delays or failed deliveries caused by incorrect address details.
Ownership and risk of loss pass to you when your order is delivered. Delivery confirmation from the carrier, including tracking showing the order as delivered, counts as proof of delivery, even without a signature. If you believe an order has been lost, please follow the steps in our Return Policy.
10. Returns and Refunds
Returns and refunds are handled under our Return Policy, which forms part of these Terms.
11. Personal Use Only
Products purchased from the Site are for your personal, non-commercial use. You may not resell them without our written permission.
12. Reviews and Submissions
If you send us or post reviews, photos, videos, comments or ideas ("Submissions"), you give us a free, worldwide, permanent right to use, copy, edit, publish and share them in any media, including in advertising, together with your first name or username. You confirm that your Submissions are truthful, are your own, and don't infringe anyone else's rights. We may remove any Submission at our discretion.
13. Intellectual Property
All content on the Site, including text, images, logos, designs and videos, is owned by or licensed to Mellable and is protected by copyright, trademark and other laws. You may not copy, reproduce, distribute or create works from our content without our written permission.
14. Third-Party Links and Tools
The Site may link to or use third-party websites and tools. We don't control them and aren't responsible for their content, products or practices. Your use of them is at your own risk and subject to their terms.
15. Disclaimer of Warranties
EXCEPT WHERE PROHIBITED BY LAW, THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ANY PRODUCT WILL ACHIEVE A PARTICULAR RESULT FOR YOUR PET, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
16. Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, MELLABLE AND ITS OWNERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA OR GOODWILL, ARISING FROM YOUR USE OF THE SITE OR ANY PRODUCT.
OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SITE OR ANY PRODUCT WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE ORDER THAT THE CLAIM RELATES TO.
SOME JURISDICTIONS DO NOT ALLOW THESE EXCLUSIONS OR LIMITATIONS, SO SOME OF THEM MAY NOT APPLY TO YOU.
17. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless Mellable and its owners, employees, contractors and suppliers from any claims, losses and costs, including reasonable legal fees, arising from your breach of these Terms or your violation of any law or the rights of others.
18. Dispute Resolution and Arbitration (US Customers)
Please read this section carefully. It affects your legal rights.
Informal resolution first. If you have a dispute with us, please email support@mellable.com first with your name, order number, a description of the issue and the resolution you're looking for. We'll try to resolve it informally. If we can't resolve it within 60 days, either of us may start arbitration.
Binding arbitration. If you are in the United States, you and Mellable agree that any dispute relating to the Site, your purchases or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section. Hearings may be held by video or phone. Either of us may instead bring an individual claim in small claims court if it qualifies.
Class action waiver. Disputes will be resolved only on an individual basis. Neither you nor we may bring or take part in a class action, collective action or representative proceeding.
Exceptions. Either of us may bring claims in court relating to intellectual property, or to seek urgent injunctive relief.
30-day opt-out. You may opt out of this arbitration agreement by emailing support@mellable.com within 30 days of your first purchase, with your name, order number and a clear statement that you want to opt out. Opting out does not affect any other part of these Terms.
If any part of this section is found to be unenforceable, the rest will still apply, except that if the class action waiver is found unenforceable for a claim, that claim must be brought in court.
19. Governing Law
These Terms are governed by the laws of England and Wales. For customers in the United States, Section 18 is governed by the Federal Arbitration Act.
Customers outside England and Wales. If you live in Scotland, Northern Ireland, the European Union or another country with mandatory consumer protection laws, Section 18 does not apply to you. You keep the protection of the laws of where you live, and you may bring claims in your local courts. Nothing in these Terms affects your legal rights as a consumer.
20. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on this page with a new "Last updated" date. Changes apply to orders placed after they are posted.
21. General
If any part of these Terms is found to be unenforceable, the rest will remain in effect. If we don't enforce any part of these Terms, that doesn't waive our right to do so later. You may not transfer your rights under these Terms. We may transfer ours, for example if our business is sold. These Terms, together with our Privacy Policy and Return Policy, are the entire agreement between you and us.
22. Contact Us
Questions about these Terms? Email support@mellable.com.