CATSCAPES PRODUCT DISCLAIMER
THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES AND USES. PLEASE REVIEW CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, AND DISCLAIMERS OF LIABILITY AND ARBITRATION PROVISIONS. KEEPING, USING, OR ALLOWING USE OF THIS PRODUCT INDICATES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, YOU HAVE 10 DAYS FROM RECEIPT OF PURCHASE TO RETURN THE UNUSED PRODUCT PER THE TERMS OUTLINED ON THE CUSTOMER CARE PAGE OF THE CATSCAPES WEBSITE: WWW.CATSCAPES.COM/CUSTOMER-CARE.
DEFINITIONS
"CatScapes" as used herein means CatScapes and any and all of its affiliates and/or subsidiaries and/or business agents, servants and employees.
The noun “catscape” is a space that incorporates furniture for cats that includes CatScapes products.
CatScapes products include but are not limited to “CatScapes Cat Shelves”, which come in complete “Kits” (brackets, shelves, carpet pads, and assembly/installation hardware) and as “Bracket-Sets Only” (brackets and assembly/installation hardware without shelves and carpet pads). The brackets are sometimes referred to as “Hinge-Brackets”, which are patent-pending along with the entire CatScapes modular system.
PRODUCT AND ACTIVITY WITH INHERENT RISK
Products sold by CatScapes include but are not limited to CatScapes Cat Shelves and CatScapes hinge-brackets.
CatScapes Cat Shelves hold up to 50 lbs when mounted properly onto walls that meet standard construction codes. Mounting hardware and instructions are included with the brackets. Assembly and installation is required. CatsCapes products are not for use by children and are intended for indoor use only.
Aesthetic design ideas are available on the CatScapes website, but these do not address or take responsibility for structural considerations of the habitat in which CatScapes products are being installed and used nor the abilities and limitations of the habitants, including humans, cats, or other animals. A licensed contractor can be consulted and engaged prior to and for installation.
CatScapes assumes no responsibility for the safety of the animals, humans, or condition of the habitat. There is some inherent risk to CatScapes products. Installing shelves, cats on shelves, areas that cats may access more easily as a result of shelves can cause damage, injury, and even death.
In choosing to use CatScapes products and services, the customer assumes 100% responsibility for the safety and condition of the habitants and habitat.
You use these products, and you allow your cat/s access to catscapes at your own risk and at the risk of your cat/s, granting or limiting them use and access when you are not at home. You agree to consult with your veterinarian and cat behaviorist as needed before and while allowing your cat/s access to catscapes. Read, understand, and follow specific warnings and instructions on products and in product literature or inserts before using the product. Save these documents for reference, and refer to most updated information on the CatScapes website.
ASSUMPTION OF THE RISK
By buying, using, providing, or allowing the use of CatScapes's products, you understand and agree that catscapes are
environments that incur risk and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH, OTHER PERSONAL INJURY, AND PROPERTY DAMAGE SUSTAINED WHILE USING AND ALLOWING CATS TO ACCESS A CATSCAPE WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of CatScapes including but not limited to product malfunction from whatever cause, or any other fault of CatScapes. Additionally, you agree to indemnify, defend and hold CatScapes harmless from any third-party claims arising from such High Risk Activities or any other CatScapes products.
WARRANTY DISCLAIMER
CatScapes warrants its products to be free from defects in materials and workmanship for a period of 30 days from date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. CatScapes's sole liability is limited to repairing or replacing products that are returned within this 30-day period, unless specific product literature specifies otherwise.
LIMITATION OF LIABILITY
As set forth above under the limited warranty provisions, CatScapes's liability is limited to repair or replacement of its products which are returned to it prepaid in the specified period of time. In no event shall CatScapes's liability exceed the value of the products sold. CatScapes shall not be liable for any special or consequential damages that result from the use of any product sold through its websites, social media, or otherwise, including but not limited to retail showrooms or expo’s. Applicable law may not allow the limitation or exclusion of liability of special or consequential damages so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation as permitted by law.
WARNING
Use and misuse of products sold through CatScapes's websites, social media, or otherwise, including but not limited to retail showrooms or expo’s, involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. CatScapes cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through CatScapes's websites, social media, or otherwise, including but not limited to retail showrooms or expo’s.
INSPECT BEFORE EACH USE
This product must be inspected for use prior to installation, to ensure it has not been damaged in shipment. If damaged, do not use and immediately return the product to CatScapes for a replacement.
GENERAL DISCLAIMER
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. CatScapes reserves the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or elsewhere, please let us know.
APPLICABLE LAW AND RESOLUTION OF DISPUTES
Your order from CatScapes shall be interpreted and construed in accordance with laws of the State of California without regard to its choice of law principles. You agree that any dispute or claim arising out of or in connection with your order or its subject matter or formation (including non-contractual disputes or claims), shall be brought exclusively in the federal or state courts located in Alameda County, California and for this purpose you hereby submit to the exclusive jurisdiction and venue of such courts. Any cause of action or claim you may have with respect to the purchase of CatScapes products or any other claim related to the use of products sold through its websites, social media, or otherwise, including but not limited to retail showrooms or expo’s, must be commenced within one (1) year after the claim or cause of action arises. CatScapes's failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.
PROMOTIONAL AND SALE DISCLAIMER
Any discount offer may only be used once and cannot be combined with any other discount offers, coupon codes or promotional offering. Discounts are applied to the order subtotal before shipping and taxes are added. Promotions & offerings are subject to change without notification.
When free shipping is offered and a minimum order total is required, the cart must total that minimum after other discounts are taken and before taxes.
If you return a portion of your purchase, a portion of the discount will be lost. For promotional items and bundles (e.g. kits), all included products and/or services must be returned together. If a service included in the promotion and/or bundle has been used, the full retail value of the service will be deducted from the refund amount. When a bundle is purchased and only part of the bundle is returned, the bundle discount is void, and the total bundle discount will be deducted from the refund.
AESTHETIC CONSIDERATIONS
Please note that images of products displayed on the website may differ in color due to differences in resolution, color settings and brightness of computer monitors. Additionally, as indicated in many of the photographs and videos, the samples shown are prototypes rather than the final product. We have done our best to describe the final materials, colors, and finishes in the description of each product.
Additionally, due to the nature of the materials used to manufacture furniture, we cannot guarantee that the finish of the ordered wood, carpet, or metal, will be exactly as pictured on the website. Imperfections or variations in the grain, color, or sheen of the wood may occur naturally. These naturally occurring characteristics are not viewed as damages or defects.
