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.