Maltsmart.com :: Terms & Conditions

Terms & Conditions

Terms & Conditions

This document explains our position and specific conditions regarding your use of our Internet or "web" sites (collectively, "Site" or "Sites"). 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 Sites.

References to "MaltSmart" in this document mean MaltSmart International its affiliates, subsidiaries, divisions and operational designees, and the Site owner, MalteseOnly.com and Jay Bianco

MaltSmart International 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. MaltSmart is not responsible for typographical or photographic errors on this Site (see Product Display and Colors and Errors on Site for more information).


DISCLAIMER OF WARRANTIES
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. MaltSmart 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 YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. NEITHER MaltSmart NOR ITS THIRD PARTIES HAVE ANY RESPONSIBILITY FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS SITE. NEITHER MaltSmart 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. MaltSmart AND ITS THIRD PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MaltSmart OR ITS THIRD PARTIES SHALL CREATE A WARRANTY, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES IS PROHIBITED BY LAW.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MaltSmart 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 MaltSmart 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF DAMAGES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY. IN ANY EVENT, UNDER NO CIRCUMSTANCES WILL MaltSmart BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND U.S. DOLLARS ($1,000.00).

See Legal Notices for more information.

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, and we have processes in place to help prevent participation in our Site communities and services by persons under 13 years of age at time of registration, MaltSmart can not prohibit minors from visiting our Sites 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. MaltSmart will not knowingly collect personal information from children. Please see our Privacy Policy for more information.

LIMITATIONS REGARDING INFORMATION, ARTICLES AND ADVICE
MaltSmart offers articles, information, and advice to Maltese parents through malteseonly.com 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.

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 MaltSmart 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/debit card has been charged. If your credit/debit card has already been charged for the purchase and your order is cancelled, MaltSmart will issue a credit to your credit/debit 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 MaltSmart's Return Policy.)

PRICING
Online prices, offers and selection may vary between our retail stores and Sites, and are subject to change. We reserve the right to limit sales, including the right to refuse sales, to resellers.

SALES TAX
Because MaltSmart does business throughout the United States and Internationally 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 debit card or major credit card, by using PayPal®, Bill Me Later®, Google Checkout, MaltSmart gift cards, MaltSmart.com gift certificates ("gift certificates"), or a check. We accept Visa®, MasterCard®, American Express® and Discover® Card, and debit cards with a MasterCard® or Visa® logo. Please note that MaltSmart gift cards can not be used in conjunction with PayPal. See below for more information regarding PayPal and gift cards.

Generally, credit/debit cards are not charged by MaltSmart 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/debit card issuer at the time you place the order, which may have an effect on your available credit.

When you pay by check, you authorize MaltSmart or its check processing designee(s) to use information on your check to make a one-time electronic debit from your account at the financial institution indicated on your check. This electronic debit will be for the amount of your check; no additional amount will be added to this amount. If we cannot collect your electronic payment, we will issue a draft against your account. If you do not have sufficient funds in your account, a fee of $25 will be debited electronically from your account. Please contact our Customer Service department to learn about other payment options if you prefer not to have your check used this way.

Orders paid for using PayPal will be debited at the time orders are placed. When using PayPal as your payment method, payment processing and how your credit/debit card or checking account is charged is at the sole discretion of PayPal. Click here for more information about PayPal.

MaltSmart 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/debit card is required when using a MaltSmart gift card. If the balance of your order is less than or equal to the amount of your gift card, your credit/debit card will not be charged. If your order total exceeds the value of the gift card, you will be required to use either use another MaltSmart gift card or credit/debit card. If there is a balance on your order after applying your gift card(s), we will charge the difference to the credit/debit card provided. The amount charged to a credit/debit card will be treated as explained above.

Entry of a credit/debit card in conjunction with a MaltSmart 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.

See our Return Policy for more details about returns.

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. MaltSmart 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 MaltSmart 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/debit 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. MaltSmart 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 MaltSmart's Return Policy.

ORDER LIMITATIONS/LIMITED QUANTITIES
MaltSmart 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/debit 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. MaltSmart 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 MaltSmart 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. See also Legal Notices.

DISPUTES
This Site is operated by MaltSmart, with office 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 Florida 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 Florida, Volusia County.

TERMINATION OF SITE USE
MaltSmart, in its sole discretion, may terminate your retail account, membership registration, or similar uses of this Site at anytime. You are personally liable for any orders that you place or charges that you incur prior to your termination. MaltSmart reserves the right to change, suspend, or discontinue all or any aspects of this Site at any time, without prior notice. Upon termination, you will have no account or similar Site membership rights to the Site. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. MaltSmart may provide notice of termination by regular mail or email.

You further agree that our site is available for personal, non-commercial use only and that you may not use our Sites for any illegal or unauthorized purpose. By using our Site, you agree to comply with all local United States and Canada rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or Canada, and that you are solely responsible for your conduct and any data, text, information, photos, links and other content that you submit, post, and display on our Sites. You warrant that such content is true and accurate, not false or misleading, and does not infringe any third party's trademark, copyright, patent or trade secret or other proprietary rights, including publicity or privacy.

See our Legal Notices, and Privacy Policy for more details.

If you have questions about our Conditions of Use, Legal Notices or Privacy Policy, you may contact us at:

http://support.maltsmart.com

CHANGES/UPDATES TO NOTICES AND POLICIES

Because our Site will continue to implement new technologies and improve the products and services we provide, our Notices and Policies are subject to change. We reserve the right to change or update our Notices and Policies and to modify or terminate the Site for any reason, without notice and without liability to you or any other participating third party. As a Site user, you are responsible for regularly reviewing our Notices and Policies in order to remain informed of our practices and your obligations as you visit and use our Site. Our current Notices and Policies constitute the entire agreement between you and MaltSmart as you use our Site and supersedes all prior understandings or agreements, written or oral, in this regard.