Terms and Conditions - Charlotte Dog Club

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF MEDIATION AND ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

BY ADOPTING A PET OR PLACING AN ORDER FOR PRODUCTS OR SERVICES THROUGH THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH CHARLOTTE DOG CLUB, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms“) apply to the adoption of pets and ordering of goods and services through www.charlottedogclub.com (the “Site“). These Terms are subject to change by Charlotte Dog Club, LLC (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, at our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You, the original purchaser, should review these Terms prior to adopting a pet or ordering goods or services available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Service that apply generally to the use of our Site. You should also carefully review our Terms of Service and Privacy Policy before adopting a pet or ordering goods or services through this Site.
Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all pets, products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Information; Prices and Payment Terms.
- (a) We strive to provide accurate information on all puppies, products and services offered on our Site. We do not manufacture the products offered on our website. All puppies on Charlotte Dog Club are adopted on behalf of our breeders. In some cases, we do not receive registration papers upon puppy acquisition. In most, we have all the registration papers within 60 days. In specific situations, breeders are unable to provide us the registration papers and we have no control over this. If registration papers are very important to you, please, make sure we are in their possession prior to picking up your puppy. The majority of our customers acquire puppies as family pets and they don’t need registration papers. We’ll do our best to provide you with what we have promised. The date of birth on registration papers is always correct. In cases when we are waiting for the papers, breeders give us approximate dates of birth that may not be always accurate.
  
  We take photos of our puppies when they are between 2 and 9 weeks of age. To prevent any type of confusion, refresh your page before adopting. You may request a photo of the puppy once the puppy has arrived at the Charlotte Dog Club on its date available. If you notice any discrepancy at the time you pick up your puppy, notify our staff before you take possession of the dog.
  
  All puppies that we sell have been checked for specific disorders before leaving our facilities. The breeders we work with have had the parents of the puppies checked as well. Adopting a small breed puppy includes the risk for disorders such as knee failures, hip failure, and liver failure. Although this risk is minimal, you need to understand that small breed puppies may have specific disorders due to their small sizes.
  
  We are able to provide estimated adult weights on the puppies profile page, that is based on their parents’ size, and breed history. Designer breeds can be hard to accurately estimate, especially those between a larger breed and a smaller breed (ex: mini Bernedoodle). There are cases in which puppies may be smaller or larger than the estimates provided at adulthood. If weight and size are very important for you, make that very clear to the associate you are working with and we will work with you to try to meet your desires, however, adult size cannot be guaranteed. Similarly, “Teacup” puppies are smaller breed puppies. They usually stay under 8 lbs when they are adults, but there is no guarantee. Sometimes puppies that have small parents can grow to be bigger than their parents. Keep in mind we are working with animals and we give you the best estimate that we can.
- (b) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a pet adoption, product, or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Any taxes and other applicable charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- (c) We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
- (d) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept a number of payment methods, as outlined on our Site, for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
Delivery; Title and Risk of Loss.
- (a) Unless otherwise agreed upon in writing, the method of delivery will be pickup at our location in Cleveland, NC by appointment only. Please check the Site for additional delivery options that are available for an additional fee.
- (b) Title and risk of loss pass to you upon delivery. We are not liable for any delays in delivery.
Reallocating Deposit; Returns and Refunds; Rehoming.
1. (a) We do not allow you to reallocate your deposit to another puppy until you have visited with your reserved puppy in person. At that point if you realized it is not the right personality match then we will transfer your deposit to another puppy or we can hold your deposit or your deposits can be refunded in the same manner that it was paid.
2. (b) All sales are final. We only offer refunds or a replacement puppy in accordance with our warranty. Except in accordance with such optional guarantee, no refunds or exchanges of any kind will be offered. If a refund is due under a purchased guarantee, such refunds are normally processed within 15 days of the request and our review of all requested information and can take up to 10 days to post to your method of payment. Your refund will be credited back to the same payment method used to make the original purpose.
3. (c) We understand that sometimes puppies do not work out in their new home. If you are wanting to not keep your puppy, we ask that you do not take the puppy to an animal shelter, rescue group or to anyone that will not give the puppy a permanent home. We ask that you contact us and we will work with you to coordinate a permanent family for the puppy. We are NOT allowed to bring your puppy back to our location for disease prevention reasons. The goal of this program is to keep our puppies out of shelters and rescue groups, Charlotte Dog Club and your puppy’s new family are unable to offer any sort of monetary refund or reimbursement for this service. This is not an instant or guaranteed service, it may take some time for us to line up a permanent home.
Warranty and Disclaimers.
- (a) We do not provide any warranties with respect to the pets, products or services offered on our Site, except as outlined herein and available through guarantees. However, some products and services offered on our Site may be covered by the manufacturer’s warranty as detailed in the product’s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
- (b) Puppy Guarantee; Health Guarantee; 10 Year Warranty. When you adopt a pet from us, you are given we this health guarantee and 10 year warranty. Such limited guarantee and limited warranty is governed by the following terms and conditions, including listed exclusions and limitations:
  1. (i) Important First Steps.
    - (A) Change of environment, surroundings, separation from siblings and a new family can be stressful to your puppy and can have a serious impact on your puppy’s immediate health, especially during the first few days to the first couple weeks. If you notice any signs of stress: such as a change in attitude, appetite, bowel movements, lack of bowel movement or any other symptoms please contact us immediately for advice, DAY or NIGHT at 704-781-7639 or your veterinarian.
    - (B) One of the most important factors to consider for a new puppy parent is: Is my puppy eating enough? Also, give plenty of downtime and rest for your new puppy. In any case if you have any concerns please call us at 704-781-7639, we are here to help and answer all your questions.
    - (C) Veterinarian care is extremely important for the health of your new puppy. For this guarantee and warranty to remain effective, you must take your puppy to be examined by a licensed veterinarian within 10 days of taking possession and continue with ongoing routine care throughout his/hers lifetime.
    - (D) The Charlotte Dog Club retains sole ownership of the reserved puppy while it is in our physical possession. The ownership of the puppy will transfer once new owner takes physical possession and has paid for in full.
  2. (ii) Initial Health Guarantee.
    - (A) We guarantee to the original purchaser that your puppy is healthy at the time of adoption and free from the following infectious diseases: Parvovirus, Distemper, Hepatitis, CoronaVirus for a period of 10 days from the date of taking possession. Should your veterinarian diagnose any of the above diseases within the 10 day period after taking possession you must notify us immediately at 704-781-7639. At your option we will replace or refund the puppy.
1. (v) EXCLUSIONS; WE DO NOT COVER. In addition to other limitations and exclusions outlined herein, the limited health guarantee and limited 10 year warranty do not cover the following:
  - Non-life threatening conditions such as inguinal and umbilical hernias, retained testicles, cherry eyes. These conditions are common and should be addressed when the puppy is spayed or neutered as there is no need to put your young puppy under anesthesia.
  - X-rays related to a cough, except if such x-ray is required because of a persistent irritation. Please contact us for prior approval before proceeding in order to be eligible for coverage.
  - Grade 1 or 2 luxating patellas are not covered as they usually will not pose a threat. Other grades of luxating patellas or congenital hip disease are not covered unless they are identified within the first 30 days.
  - Parasites such as giardia, coccidia or other common types of parasite except as outlined above and diagnosed within the specific timeframes.
  - Respiratory infections except as outlined above and diagnosed within the specific timeframes.
  - Low blood sugar (hypo-glycemia). This is preventable and it is your responsibility to make sure your puppy is eating enough.
  - Diagnostics related to grade 1 or 2 heart murmurs. These can be transient and do not pose a threat to your puppy. These are also not grounds for return/refund of your puppy.
  - Any infectious diseases contracted after the date of sale.
  - Malocclusions- As your puppy grows and develops the teeth are ever changing and it can be difficult to predict their final placement. Due to this we do not cover any costs associated with any dental or bite abnormalities or vet bills associated with your puppy’s teeth.
  - Initial fecal exam.
  - Any other diagnostic tests without prior approval.
  - Any claims, costs, or vet bills other than medication reimbursements as described above.
  - Acceptance of goods: Buyer understands that there are not any guarantees of hypoallergenic qualities, breeding qualities, show qualities or in final size or disposition of any pet whether expressed or implied. Seller has made no representations as to fitness of purpose and provides no warranty towards the pets fitness for any other purpose. Buyer agrees that upon delivery of puppy to them or local pick up of puppy by them, that they have carefully examined puppy and accepts puppy as is with regard to physical appearance and breed conformation. Buyer understands and agrees that under no circumstances will any claim be made by the buyer with regards to any DNA test results or opinion disputing breed. These tests are for informational purposes and not intended to determine or validate whether a particular dog is purebred or the make-up of a particular dog and Buyer agrees to hold the seller harmless from any such claims.
  - In the case of sudden death: A necropsy will be required to file a warranty claim to determine cause of death.
  - If you need assistance in locating a licensed veterinarian near your home, please ask us during the adoption process. We do not cover any warranty claim from the Animal Clinic chain Banfield.
2. (vi) Cash Refunds; Modification of Terms; File Claim. We do not offer cash refunds other than the initial 10 day health guarantee as noted above. Charlotte Dog Club LLC reserves the right to update and/or modify this guarantee or warranty at any time with or without notice. To file a warranty claim please email to puppycare@charlottedogclub.com, and we will provide you with a list of the information needed to process your claim.
  
  EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
  
  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
  
  YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
1. (iii) 10 Year Congenital Warranty.
  - (A) This 10 year congenital warranty applies only to the original purchaser, and requires that you have had your puppy examined by a licensed veterinarian within the first 10 days of taking possession and have kept your puppy under regular veterinarian care. If the above conditions are met, and your puppy is diagnosed with a life threatening congenital disorder, Charlotte Dog Club LLC agrees to provide the original purchaser with the following: If such diagnosis occurs within the first 3 years after the original purchaser adopted the puppy, we will offer a replacement puppy of equivalent or lesser value at no cost to you. If such diagnosis occurs after year 3 and before the 10^th anniversary of the original purchaser adopting the puppy, we will offer you a replacement puppy of equivalent or lesser value at a 50% discount.
2. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
  
  OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
  
  The limitation of liability set forth above shall only apply to the extent permitted by law
3. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
4. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, https://charlottedogclub.com/privacy-policy/, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
5. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
6. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).
7. Dispute Resolution and Binding Arbitration.
- (a) YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
  
  ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PETS, PRODUCTS, OR SERVICES THROUGH THE SITE, WILL FIRST ATTEMPT TO BE RESOLVED THROUGH MEDIATION, AND IF MEDIATION IS UNSUCCESSFUL, SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- (b) The parties will first attempt to settle any claim, dispute, or controversy through mediation. Charlotte Dog Club will name a mediator to conduct the mediation, who will be an individual certified to provide mediation services in the State of North Carolina. Any mediation will take place in person in the State of North Carolina, unless otherwise agreed upon in writing by the parties.
- (c) If mediation is unsuccessful, the arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, or by such arbitrator and in accordance with such rules as may otherwise be agreed upon in writing by the parties. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
  
  The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
  
  If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- (d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR CHARLOTTE DOG CLUB WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
  
  If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Charlotte Dog Club.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- Notices.
- (a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- (b) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier to Charlotte Dog Club, 1800 Amity Hill Road Cleveland, NC 27013, or registered or certified mail to: PO Box 297 Cleveland, NC 27013. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Entire Agreement. Our order confirmation, these Terms, our Website Terms of Service and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.