Terms Of Service

Legal Agreement & Acceptance 

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

By visiting our site (kittycathabitat.ca), you engage in our “Service”. These Terms  form part of the contract for purchases made through our site and become binding  when you check the “I agree to the Terms & Conditions” box at checkout. If you do  not agree to all the terms and conditions of this agreement, you may not place an  order through the website. 

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 Shipping page, Our Commitment  (Community-First Commitment) page, 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 the Wholesale page and/or any separate written  wholesale agreement we provide. If there is a conflict, the written wholesale  agreement controls. Wholesale orders are not consumer purchases under these terms unless we expressly state otherwise in writing. Participation in a Wholesale  or Discount Program constitutes acceptance of the terms on those pages, which  are incorporated by reference for participants. 

Intellectual Property Rights 

All content on this website—including graphics, apparel designs, fiber 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. 

Final Sale & Defect Resolution 

We are a small artisan business. As such, we operate on a Final Sale basis for  change-of-mind returns only. This does not apply to defective, damaged,  misdescribed, or otherwise non-conforming goods, or to any remedies required by  law. 

However, we provide the following coverage for defects (in addition to any rights  you may have under applicable consumer protection laws): 

• Toys: Covered for 90 days against craftsmanship defects (materials and workmanship under normal use).
• Beds/Caves: Covered for 1 year against craftsmanship defects.
• Exclusions: This guarantee does not cover damage caused by pets (chewing,  scratching, tearing), improper care (as described on our Care & Maintenance
page), or normal wear and tear. These time periods are a voluntary guarantee and  do not limit statutory remedies, which may apply beyond these periods. 

Full defect claim procedures are set out on our Our Commitment (Community-First  Commitment) page. If you receive a defective, damaged, or incorrect item, your  statutory rights to a remedy are not affected by our Final Sale policy. To reduce waste, we do not require physical returns for verified defects; where an  item is still safe and reusable, we may ask you to donate it to a local animal shelter  instead. 

Please contact us at info@kittycathabitat.ca with your order details so we can  review and address the issue in line with our policies. 

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 issue a refund for the cancelled item(s). An order is not accepted until we have  processed payment and sent a shipment confirmation email. 

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 at checkout. 

Shipping, Risk of Loss, & International Import 

Risk of Loss: All items purchased from KITTY CAT HABITAT are made pursuant to a  shipment contract. This means that the risk of loss passes to you upon our  delivery to the carrier, except as required by applicable consumer protection laws.  If a shipment is lost or damaged in transit, remedies will be handled in accordance  with our Shipping page and applicable consumer protection laws. 

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, and fees.

Package Refusal: If a package is refused at delivery or unclaimed due to customer  error or refusal to pay customs fees, we may treat the order as abandoned and no  refund will be issued, except as required by applicable law. Any return shipping  costs arising from a refusal or failure to collect are the responsibility of the  customer. However, if a refusal occurs due to courier error, please contact us  immediately so we can assist. 

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  fibers or cloth) can lead to serious gastrointestinal blockage. Inspect toy 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 behavior is unpredictable. You voluntarily assume all  risks associated with the use of these products, including but not limited to  property damage or bodily injury to the 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. 

Disclaimer of Warranties 

Except as expressly stated in our Defect Resolution section and incorporated  policies, and subject to mandatory consumer rights that cannot be excluded  (including implied conditions and warranties under the Sale of Goods Act), our  products are provided with the warranties and remedies required by law and no  others. Our website and services are provided “as is” and “as available,” to the  fullest extent permitted by law. We do not make any additional express warranties  about products beyond what is stated in these Terms and our incorporated  policies. 

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 officers, 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 info@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. This does not prevent a consumer from  bringing a claim in another forum where mandatory consumer-protection law  provides that right. 

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. If you are a consumer, you may also have rights  under the mandatory laws of your place of residence, and nothing in these Terms  is intended to limit those rights. 

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 

Questions about the Terms of Service should be sent to us at info@kittycathabitat.ca.