Terms of Service
Terms & Conditions
Last updated on March 10 , 2021.
We are eager for you to become a long-term partner and to recommend us to your customers.
Please read these Terms and Conditions carefully before You place an Order to us as they contain important information about your legal rights, remedies and obligations. By using or accessing www.ellepet.com (“Site”) You agree to comply with these Terms and Conditions and policies included in the Terms and Conditions. If You are unwilling to be bound by these Terms and Conditions, please do not access or use the Site.
Residents or nationals of a country that the United States embargos may not use or access this Site. Also, anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Denial and Prohibition Orders, may not use or access this Site.
If you are under 13, You are prohibited from providing personal information on this Site.
- INFORMATION ABOUT US AND HOW TO CONTACT US
We are ElleVet Sciences LLC (“ElleVet”, “us”, “We”, “Supplier”, “Our”), a company registered in Delaware. Our office is at 50 Market Street, South Portland, ME 04106.
You can contact us by telephoning our customer service team at 1-844-673-7287 or by writing to us at [email protected]
If we have to contact You, we will do so by telephone or by writing to You at the email address or postal address You provided to us in your Order.
- Products Provided:
Our EllePet products (“Products”) consists of animal supplements with a proprietary hemp extract that contains cannabinoids and terpenes, including CBD, CBDA which are available directly to retail stores and distributors ( Collectively “Wholesalers”, “you”, “You”,“your”).Our hemp extract is blended to achieve the desired concentration and profile in the Products
The specifications of our Products are detailed in the Products section of our web site and on our Product labels. The images of the Products on our website are for illustrative purposes only and we reserve the right to amend the specifications at any time to improve Product performance, optimize production requirements, and reflect the latest scientific understanding or to meet any applicable statutory or regulatory requirement.
- Order Acceptance:
Orders can be placed by Wholesalers through our web site, by calling our customer support team or by other means made available by us (“Order”). Our acceptance of your Order will take place when we email You to accept it, at which point an agreement will come into existence between You and us.
If we are unable to accept your Order, we will inform You of this and will not charge You for the product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline You have specified.
We will assign an Order number to your Order and tell You what it is when we accept your Order. It will help us if You can tell us the Order number whenever You contact us about your Order.
We reserve the right to refuse any Order You place with us. We may, in our sole discretion, limit or cancel quantities purchased per Order or under the same Wholesale account, the same credit/debit card, and/or Orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an Order, We may 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.
Items will have a $20 cost associated on the order form for a Product Display except for orders over $475. Orders $1,000 and under require a credit card. Orders over $1000 can be invoiced. Exceptions on payment type are allowed per sales discretion. Payment is due in Net 30.
- Product Delivery:
We know how important it is for You to receive our Products quickly. We contract with a third-party shipping company to pick up Products from our facility and deliver to the address You provide. Please review our Shipping Policy for additional information.
Any dates quoted for delivery are approximate only and time shall not be of the essence. We shall not be liable for any delay in delivery of the Products. If we fail to deliver the Product within 30 days of purchase and You communicate your wish to withdraw the Order, our liability shall be limited to the actual cost already paid by You for the Product.
We will ensure that the Product shipments are accompanied by a delivery note that shows the date of the Order, all relevant Wholesaler and Supplier reference numbers, the type and quantity of Products, the price and any remaining balance on payment required.
If our supply of the Products is delayed by an event outside our control, then we will contact You as soon as possible to let You know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay You may contact us to end the agreement and receive a refund for any Products You have paid for but not received.
- Product Quality:
We follow stringent quality control standards throughout manufacturing and distribution to help ensure You receive a quality product. If You are not satisfied with your Product or have any questions about the product, please refer to our Returns Policy on our web site or contact our Customer Support team (details for Contacts are available on our web site).
- Price and Payment
The price of the Product will be the price indicated on the Order pages when You placed your Order. We take all reasonable care to ensure that the price of the Product advised to You is correct. However, prices for our Products are subject to change without notice. We reserve the right to modify, suspend or discontinue a Product or service at any time. We shall not be liable to You or to a third party for any price change or Product modification, suspension or discontinuance.
The price of Products excludes sales tax which means any sales or use tax, and any other tax measured by proceeds from sales that ElleVet can pass onto its Wholesalers that is the functional equivalent to a sales tax where the applicable jurisdiction does not impose or sales or use tax. You will be responsible for paying any sales tax that You are required to pay. You agree to indemnify ElleVet for any liability we incur because of your failure to pay any required sales tax.
You agree to make all payments of fees to ElleVet free and clear, and without reduction for, any withholding taxes. You are responsible for deducting and withholding any taxes on the account of ElleVet as legally required. Such amounts paid to ElleVet shall be reduced by the amount of taxes deducted and withheld. You will provide ElleVet with official receipts that the appropriate tax authority issues or any other evidence that we may reasonably request.
You must pay in full before shipment of the Products unless otherwise agreed with us. If the We agree to ship prior to payment (e.g. for certain wholesalers), then payment will be detailed in the invoice enclosed with the Product shipment or otherwise provided to You. If You fail to make any payment due to us by the due date for payment, then You shall pay interest on the overdue amount at a rate of 8% per annum. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount. You shall pay the interest together with the overdue amount.
You will pay all amounts due in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting any other rights or remedies we may have, set off any amount that You owe us.
- Guarantees and Warranties
Products are provided as shipped and we are under a legal duty to supply products that are in conformity with our agreement with You.
- Product Ownership
Title and responsibility for a product will pass to You once we deliver the product to the address You gave us, and we receive full payment for the product from You.
If You resell the Product in the ordinary course of business, then You do as principal and not as the Our Agent and ownership shall pass from the us to You immediately before the time at which resale occurs.
We may end the agreement if You break it. We may end the agreement for a Product at any time by writing to You if:
- You do not make any payment to us when it is due and You still do not make payment within 7 days of us reminding You that payment is due;
- You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example;
- You do not, within a reasonable time, allow us to deliver the Products to You or collect them from us; or
- You do not, within a reasonable time, allow us access to your premises to supply the services.
You must compensate us if You break the agreement. If we end the agreement in the situations set out in above we will refund any money You have paid in advance for Products we have not provided but we may deduct or charge You reasonable compensation for the net costs we will incur as a result of your breaking the agreement.
- Limitation of Liability
Use of the Site is at your own risk. ElleVet does not warrant or guarantee that downloadable files on the Site are free from viruses or other codes that destroy or corrupts computer information. ElleVet is not liable for any damages resulting from your access or use of the Site including business losses.
You are responsible for complying with applicable country, regional, and local laws. You agree to indemnify us, our officers, directors, representatives, agents, employees, successors and assigns from and against any and all claims, demands, actions, proceedings and costs in any way resulting from Your purchase, shipping, and/or sale of the Products including providing a representation or warranty to any customer concerning the Product which is inconsistent with or in excess of the Product warranties provided by us.
- Recall or Product Withdrawal
In the event that either You or ElleVet determines that an event, incident or circumstance has occurred that may result in the need for a recall or other removal of any Product, or any lot or lots thereof, from the market in any country, then either You or ElleVet shall advise and consult with each other. ElleVet shall make the final determination to recall or otherwise remove the Product or any lot or lots from the market. ElleVet will have the sole right to negotiate and enter into a settlement(s) with any governmental agency or official with respect to any potential or actual fine, penalty, issue, or liability related to ElleVet products or an allegation that the Product fails to comply with Applicable Laws or industry standards, including a government issued recall. Any Products that are subject of a recall or withdrawal must be returned to ElleVet.
- Use of this website
The information on this web site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Any reliance on the material on this site is at your own risk.
The site may contain certain historical information which necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Certain content, products and services available via our web site may include materials from third parties. Third-party links on this site may direct You to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Complaints, claims, concerns or questions regarding third-party products should be directed to the third-party.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our web site without express written permission by us.
- Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or on any of our materials that contains typographical errors, inaccuracies or omissions that may be related to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information of cancel Orders if any information is inaccurate at any time without prior notice (including after You have submitted your Order).
We undertake no obligation to update, amend or clarify information on the web site or any other materials, including without limitation, pricing information, except as required by law. It is possible that information on the web site may not align with information available on other materials such as Product labels and a specific update on one site should not be taken to indicate that all information on all sites and materials has been updated.
- User Comments, feedback and other submissions
If You send certain specific submissions at or without our request (e.g., contest entries, creative ideas, suggestions, proposals, plans, testimonials), whether online, by email, by mail or otherwise (collectively ‘Comments’), You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that You forward to us. We are and shall be under no obligation to maintain the comments in confidence, pay any compensation for any comments, or respond to any comments.
We may, but have no obligation to monitor, edit or remove content that we determine at our sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. Your further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this website or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third party.
- Your Information
- Health Information
The information and products on the Site are not intended to diagnose, treat, cure, or prevent any disease. The Food and Drug Administration has not evaluated products on this Site.
We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organization. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this Agreement (except someone You pass your guarantee on to). This agreement is between You and us. No other person shall have any rights to enforce any of its terms.
Any part of this Site that is legally prohibited is void. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that You do anything You are required to do under these terms, or if we delay in taking steps against You in respect of your breaking this Agreement, that will not mean that You do not have to do those things and it will not prevent us taking steps against You at a later date. For example, if You miss a payment and we do not chase You, but we continue to provide the Products, we can still require You to make the payment at a later date.
- Governing Laws
These terms are governed by the United States of America and Maine and You can bring legal proceedings in respect of the Products in the Maine courts. Other countries may have laws that differ from laws in the United States of America.
- Dispute Resolution
Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction in Maine.
You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our web site. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or purchase of our Products following posting of any changes to these Terms and Conditions constitutes acceptance of these changes.
ElleVet Sciences LLC has full faith in our Products. Unopened Products can be returned for a full refund within 30 calendar days of purchase. Wholesalers are responsible for determining policies for attempted returns by pet owners to a Wholesalers.
We are pleased to offer free ground shipping or wholesale orders over $500.00. For wholesale orders $500 or less within the U.S. or expedited shipping options for retail purchases, please call us at 855-790-8169. Wholesalers who ship Products directly to consumers (e.g., fulfilling website or mobile sales), bear responsibility for delivery to the consumer and for any loss. Wholesalers also bear responsibility once the Products leave our facilities.
SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?
When You purchase something from our online store or other means, as part of the buying and selling process, we collect the your information You give us such as your name, address and email address.
When You browse our online store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send You emails about our store, new Products and other updates.
SECTION 2 – HOW LONG WILL WE USE YOUR INFORMATION FOR?
We will only retain your information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. In addition, this includes that we may retain your information from closed accounts to comply with legal requirements, prevent fraud and resolve disputes. After it is no longer necessary for us to retain your information, we dispose of it securely according to our data retention and deletion policies.
When we determine the maximum retention duration of any of your data, we hold we do so with regard to our legitimate interests to retain data, our any legal obligations.
By law we may have to keep basic information about our Wholesalers (including Contact, Identity, Financial and Transaction Data) for a period of time after they cease being Wholesalers for tax purposes.
In some circumstances we may anonymize your information (so that it can no longer be associated with You) for research or statistical purposes in which case we may use this information indefinitely without further notice to You.
SECTION 3 – CONSENT
When You provide us with your information to complete a transaction, verify your debit/credit card, place an Order, arrange for a delivery or return a purchase, we imply that You consent to our collecting it and using it for that specific reason only. If we ask for your information for a secondary reason, like marketing, we will either ask You directly for your expressed consent, or provide You with an opportunity to say no.
If after You opt-in, You change your mind, You may withdraw your consent for us to contact You, for the continued collection, use or disclosure of your information, at any time, by contacting us at [email protected]
SECTION 4 – DISCLOSURE
We may disclose your information if we are required by law to do so or if You violate our Terms of Service.
SECTION 5 – DATA
Our store is an online e-commerce platform that allows us to sell our Products and services to You.
Your data is stored through a secure server behind a firewall.
SECTION 6 – THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that You read their privacy policies so You can understand the manner in which your information will be handled by these providers.
Specifically, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either You or us. So if You elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
When You click on links on our store, they may direct You away from our site. We are not responsible for the privacy practices of other sites and encourage You to read their privacy statements.
SECTION 7– SECURITY
To protect your information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If You provide us with your debit/credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Most browsers automatically accept cookies, but You can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar. But note that some cookies may be necessary to allow You to use our web site and on-line store effectively.
SECTION 9 – CONFIDENTIALITY
Information the We or You provide in connection with an order of our products shall be kept confidential unless written consent is given to disclose such information.
You will not have to pay a fee to access your data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
We may need to request specific information from You to help us confirm your identity and ensure your right to access your data (or to exercise any of your other rights). This is a security measure to ensure that your data is not disclosed to any person who has no right to receive it. We may also contact You to ask You for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or You have made a number of requests. In this case, we will notify You and keep You updated.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell Products to You.
QUESTIONS AND CONTACT INFORMATION
If You would like to: access, correct, amend or delete any of your information we have about You, register a complaint, or simply want more information contact our Privacy Compliance Officer at ([email protected]).