AGB

Last Updated: July 27, 2026

Legal Agreement & Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Customer") and Sean Langwith, carrying on business as KITTY CAT HABITAT (hereinafter "we", "us", or "our"), a sole proprietorship registered in British Columbia, Canada.

These Terms form part of the contract for purchases made through our site (kittycathabitat.ca). They become binding when you place an order.

Before you place an order, our Return and Refund Policy, Privacy Policy, Shipping Policy and these Terms are presented to you as links in the footer of the checkout page and in the footer of every page of our site. By placing an order you confirm that these documents were made available to you before you paid, and that you accept them. If you do not agree to them, do not place an order.

Our Return and Refund Policy governs returns, cancellations, withdrawals, refunds, defect claims and our craftsmanship coverage. Where anything in these Terms conflicts with that policy, the Return and Refund Policy applies.

Nothing in these Terms limits any right you have under the mandatory consumer protection law of the country where you live.

Eligibility to Purchase

By placing an order, you represent that you are the age of majority in your province/state of residence and have the legal capacity to enter into a binding contract.

Other Policies Incorporated

These Terms incorporate by reference our Return and Refund Policy, Shipping Policy, Care & Maintenance page, and our Privacy Policy (as posted from time to time). Each forms part of the contract for purchases made through our site.

Informational Content

Product descriptions, FAQs, blog posts, social media, and other informational content are provided for general guidance only and do not create warranties, representations, or conditions beyond those expressly stated in these Terms and the incorporated policies. If there is any inconsistency, these Terms and the incorporated policies control.

Programs & Business Sales

Our Wholesale and Discount Program offerings are governed by their own terms as posted on those pages and/or by any separate written agreement we provide. We may modify, suspend, or end these programs for future applicants at any time, with reasonable notice where required by law. For customers already approved into a Discount Program, we will honour the discount for the life of the program unless we reasonably believe there is misuse, fraud, ineligibility, or we are required to change or end the program by law.

Wholesale orders are governed by a separate written wholesale agreement we provide. If there is a conflict between that agreement and these Terms, the written wholesale agreement controls. Wholesale orders are not consumer purchases under these Terms unless we expressly state otherwise in writing. Participation in a Discount Program constitutes acceptance of the terms posted on that page, which are incorporated by reference for participants.

Intellectual Property Rights

All content on this website, including graphics, apparel designs, fibre art, photographs, text, and logos, is the exclusive intellectual property of KITTY CAT HABITAT. This content is protected by Canadian and international copyright and trademark laws.

License: We grant you a limited, non-exclusive license to access and use our site for personal use. This does not include any resale or commercial use of our site or its contents; any collection and use of any product listings, descriptions, or prices; or any derivative use of our site or its contents. Unauthorized commercial use is strictly prohibited. For clarity, this license permits non-commercial sharing of our content for personal use, including in honest reviews or on personal social media, provided it is not used for resale, advertising, or other commercial purposes.

Prohibited Uses

You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights; (e) to harass, abuse, threaten, harm, unlawfully defame, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses. Nothing in this section is intended to prevent you from leaving honest, lawful reviews or feedback about our products or services.

Returns, Cancellations & Defects

Our Return and Refund Policy governs all returns, cancellations, withdrawals, refunds, defect claims, remedies and craftsmanship coverage. It is incorporated into these Terms by reference and forms part of the contract for purchases made through our site. Where anything in these Terms conflicts with it, the Return and Refund Policy applies.

In summary, and without limiting that policy:

• We accept change of mind returns at our discretion within 30 days of delivery, on the conditions set out in the policy.

• We give a two year commercial guarantee against verified craftsmanship defects from the date of delivery, on every product we sell. It is offered in addition to your statutory rights and does not replace them. The full guarantee statement, including who gives it, what it covers, how long it lasts, where it applies and how to claim, is in the Return and Refund Policy.

• Consumers in the European Union, Iceland, Norway and the United Kingdom have a statutory right to withdraw or cancel within 14 days, which applies in addition to the above and is set out in full in the policy.

• Nothing in these Terms or in that policy limits any right you have under the mandatory consumer protection law of the country where you live.

To make a claim, email hello@kittycathabitat.ca with your order number and photographs of the issue. Full instructions are in the Return and Refund Policy.

Order Acceptance & Errors

We reserve the right to refuse, cancel, or limit any order for any reasonable reason, including suspected fraud, stock availability, or errors in product descriptions, pricing, or shipping rates. If we cancel an order after payment, we will refund all money received for the cancelled items.

Prices, Currency & Taxes

Prices are shown in the currency selected on our site and may change at any time before an order is accepted. Applicable taxes and shipping charges are calculated and shown separately at checkout before you pay, and are itemised on your order confirmation email.

Shipping, Risk of Loss, & International Import

Risk of Loss: Risk of loss and damage passes to you when you, or a person you have named to receive the goods, take physical possession of them. If a shipment is lost or damaged in transit, contact us and we will put it right. Our Shipping Policy sets out how we handle this.

Importer of Record: For orders shipped outside of Canada, you are the Importer of Record and are responsible for complying with all laws and regulations of the destination country. You are responsible for all import duties, taxes, brokerage fees, and customs charges imposed by your country. We cannot determine these amounts in advance. Where these are collected at checkout, they are shown separately before you pay.

Undelivered and Refused Packages: If a package cannot be delivered and is returned to us, contact us and we will work out the best resolution. Where you have a statutory right to cancel or withdraw from your order, refusing or not collecting a delivery does not remove that right, and our Return and Refund Policy applies.

Force Majeure

We are not liable for delays or failure to perform caused by events beyond our reasonable control, including carrier disruptions, customs delays, natural disasters, supply interruptions, or governmental actions. This does not affect any rights you have under applicable consumer protection laws.

Product Safety & Assumption of Risk

Pet Toy Warning: WARNING: To prevent serious injury, use only under adult supervision. This is a play toy, not a chew toy. Ingestion of this product (wool fibres or cloth) can lead to serious gastrointestinal blockage. Inspect toys regularly. Discard and replace if torn, damaged, or parts become separated.

Assumption of Risk: By purchasing any pet product from KITTY CAT HABITAT, you acknowledge that animal behaviour is unpredictable. You voluntarily assume the risks associated with the use of these products, including property damage or injury to your pet resulting from vigorous play or ingestion. While we design for safety, KITTY CAT HABITAT is not liable for damage or injury resulting from a failure to supervise play, inspect products for wear, or follow care instructions. Nothing in this section excludes liability that cannot lawfully be excluded, including liability for a defective product.

Warranties

Our products come with the warranties and remedies required by law, together with the voluntary craftsmanship coverage set out in our Return and Refund Policy. We do not make additional express warranties beyond what is stated in these Terms and our incorporated policies.

Nothing in these Terms excludes or limits any implied condition, warranty or statutory guarantee that cannot lawfully be excluded, including under the Sale of Goods Act (British Columbia), the Australian Consumer Law, the Consumer Guarantees Act 1993 (New Zealand), the Consumer Rights Act 2015 (United Kingdom), or Directive (EU) 2019/771.

Our website and services are provided "as is" and "as available," to the fullest extent permitted by law.

Limitation of Liability

To the fullest extent permitted by applicable law, KITTY CAT HABITAT shall not be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service.

Liability Cap: Except where prohibited by applicable law, in no case shall the total liability of KITTY CAT HABITAT to you for any and all damages, losses, or causes of action exceed the amount paid by you for the specific product giving rise to the claim.

Note: Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, or for personal injury caused by negligence. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Nothing in these Terms is intended to exclude or limit any liability that cannot be excluded or limited under applicable law, including liability for personal injury or death caused by our negligence, or your statutory rights as a consumer.

Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless KITTY CAT HABITAT and our agents, contractors, and service providers from any claim or demand, including reasonable legal fees and costs, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. This indemnity does not require you to indemnify us for our own negligence, wilful misconduct, or breach of law.

Governing Law & Dispute Resolution

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of British Columbia, Canada. In the event of any dispute, we encourage you to contact us first at hello@kittycathabitat.ca to seek a resolution.

Where a claim is within the Civil Resolution Tribunal's jurisdiction under the Business Practices and Consumer Protection Act, either party may bring the claim in that tribunal. Otherwise, you and we submit to the jurisdiction of the courts located in Nanaimo, British Columbia.

If you are a consumer, this does not prevent you from bringing a claim in the courts of the country where you live, and it does not deprive you of the protection of the mandatory consumer protection law of that country. Where the law of your country of residence gives you rights that cannot be excluded by agreement, those rights apply regardless of this section.

Any term relating to dispute resolution applies only to the extent permitted by applicable law.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded.

Entire Agreement

These Terms, together with the policies incorporated by reference, constitute the entire agreement between you and KITTY CAT HABITAT regarding purchases through this site and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written.

Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. Any waiver must be in writing to be effective.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. Changes apply only to orders placed after the updated Terms are posted.

Contact Information

Kitty Cat Habitat
Sean Langwith
2000 Island Hwy. N. Suite 1013, Nanaimo, BC V9S 5W3, Canada
hello@kittycathabitat.ca
1-672-879-2000