Last updated: July 12, 2023
The following terms and conditions (the “Terms”) govern your use of the Stella & Chewy’s website, available at https://www.stellaandchewys.com/ (the “Website””), including any content, features or functionality made available through the Website. The Website is made available by Stella & Chewy’s LLC or one of its affiliates (“S&C” or “we” or “us” or “our”), and we may change the Terms from time to time, at any time without notice to you, by posting such changes on the Website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AS APPLIED TO YOUR USE OF THE WEBSITE. If you do not agree to these Terms, you may not access or otherwise use the Website.
Please note that when using certain services, you may be subject to any additional terms applicable to such services that may be posted on our Website or otherwise made available through the Website Services (as defined below) from time to time.
- Proprietary Rights.
The Website, all the content (including, for example, pricing, promotional and marketing materials, audio, photographs, illustrations, graphics, other visuals, video, copy, and text), code, data, and materials thereon, the look and feel, design, and organization of the Website, and the compilation of the content, code, data, and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein are the property of S&C and/or third-party licensors. Your use of the Website does not grant to you ownership of any content, code, data, or materials you may access on or through the Website.
No permission or license is granted or implied to use the trademarks, logos, service marks and trade names displayed on the Website, on content made available through the Website, or in connection with the Website Services (collectively the “Trademarks“). Other company, product, and service names and logos used and displayed through the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to S&C. Our Trademarks may not be used without our prior written permission, and the Trademarks of third-parties may not be used without the prior written permission of their respective owners.
- Limited License.
You may access and view the content on the Website on your computer or other device and, unless otherwise indicated in these Terms or on the Website, make single copies or prints of the content on the Website for your personal, internal use only. Unless otherwise specifically indicated in these Terms or on the Website, use of the services offered on or through the Website (collectively, the “Website Services”), are only for your personal, non-commercial use.
- User Information and Accounts.
The username and password used to establish your Account are for your personal use only, and you are responsible for maintaining their confidentiality and accuracy. We use the information and data that you provide to make recommendations for products that may be useful to you or your pet. Keeping your Account profile accurate and up to date helps us to make these recommendations more accurate and relevant and you agree to provide, complete, accurate, and up-to-date information for as long as you use the Website.
Only one person may use the username and password associated with an Account. You agree not to impersonate any person or company or use a name that you are not authorized to use in connection with your Account. If you are under 16 years old, you are not authorized to use the Website Services and you agree to accept responsibility for all activities that occur under your Account and we reserve the right, in our sole discretion, to terminate or suspend your Account for any reason.
You acknowledge that there are risks inherent in maintaining your data (including User Information) in a remote server and software network (“cloud-based”) environment, including the risk of hacking or other unauthorized third-party access to your data, including your, and exposure to viruses and malware. We shall not be responsible to you for any unauthorized access to your data or the unauthorized use of the Website Services.
Your data may contain information that identifies a particular individual, such as names and e-mail addresses (collectively, “Personal Information”). For all Personal Information that you supply to the Website or the Website Services, you agree that you have sufficient rights under applicable law (including U.S. privacy law and any E.U. Privacy Directives) to transmit, store, copy, use, and transfer such Personal Information, and to authorize us, and third-party providers to process your data in connection with the provision of the Website Services.
You acknowledge that we may collect and create data related to your use of the Website and Website Service, including metadata generated by your activity on the Website and Website Services (“Activity Metadata”), as well as aggregated and/or de-identified data that is derived from your data and data of or related to other users, and Activity Metadata.
You may be asked if you would like to receive emails and other communications through your use of the Website and/or Website Services and may voluntarily “opt-in” or “opt-out” to receive such communications where prompted. If you voluntarily choose to “opt-in” to receive such communications, but change your mind, you my voluntarily choose not to receive such communications through the “Manage Preferences” and/or “Unsubscribe” links found at the bottom of any of our email-correspondence. Where we have made opt-in or opt-out settings available, we will honor the choices you make.
- Submitted Materials.
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials that you upload, post, publish, transmit (including by email), or display through or upload to the Website, including comments and reviews.
- Prohibited Use.
Unless otherwise specifically indicated in these Terms or on the Website, any commercial or promotional distribution, publishing, or exploitation of the Website, or any content, code, data, or materials on the Website, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein or on the Website, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data, or materials on or available through the Website. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using any copyrighted material from or through the Website. If you make other use of the Website, or the content, code, data, or materials thereon or available through the Website, except as otherwise provided above, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country, (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, and (iii) you will not use the Website or any content on the website for any unlawful purpose.
- Public Forums.
We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, videoconferencing, interactive experiences, other forums and other such services available on or through the Website. You agree that we may monitor these messages, chat services, bulletin boards, message boards, blogs and other forums for compliance with these Terms, and therefore, these should not be considered confidential or proprietary. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Website or any service or feature made available on or through the Website, any materials which (i) restrict or inhibit any other user from using and enjoying the Website or the Website Services; (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law; (iv) violate, plagiarize, or infringe the rights of third-parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy, or publicity or any other proprietary right; (v) contain a virus, spyware, or other harmful component; (vi) contain embedded links, advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters”, or pyramid schemes of any kind; (vii) constitute or contain false or misleading indications of origin, endorsement, or statements of fact; (viii) solicit personal information from anyone under the age of 16; or (ix) in the sole judgment of us is objectionable or which restricts or inhibits any other person from using or enjoying the Website Services, or which may expose us or our users to any harm or liability of any type. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us, our advertisers or affiliates, or any of our or their personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your actions on the Website.
S&C reserves the right to limit your use of the Website and the Website Services at any time for violation of the foregoing, including by limiting the number of your connections and your ability to contact other users.
Please email firstname.lastname@example.org to report any violation of these Terms.
- Product Descriptions.
Prices for our products are subject to change without notice.
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Satisfaction Guarantee.
We attempt to be as accurate as possible, but we do not warrant that product descriptions, depictions, ingredient lists or other content on the Website are accurate, complete, reliable, current or error-free. We are not responsible if information made available on the Website is not accurate, complete or current. If a product offered by us is not as described, your sole remedy is to return the product. Call us at 1-888-477-8977 ext. 100 or send an email to email@example.com for return information.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products selected as well as all shipping and handling charges and applicable taxes. Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on the Website is void where prohibited. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we will refund you the full amount of the canceled portion of the order.
We reserve the right to refuse to process or complete any order for any reason, including if we know or suspect that you intend to resell some or all of the products specified in your order. To the extent offered as part of the Website Services, you may only place orders via the Website for private and domestic purposes. We expressly prohibit purchases for resale and/or reselling any S&C product as part of any business unless expressly agreed to in writing by us.
All items purchased from us are made pursuant to a shipment contract with a shipping carrier. The risk of loss and title for such items pass to you upon delivery of the products to the carrier. Products will be shipped to the address designated by you, if applicable, so long as such address is complete and complies with any shipping restrictions contained on the Website. The time and location of delivery of the products to you is at the discretion of the carrier.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the foregoing will be corrected.
- Refund Policy & Satisfaction Guarantee
If you are not completely satisfied with our product, you may return the unused portion within 14 days of purchase (in its original package, with your receipt) to the original place of purchase for your option of either a refund of the purchase price or a replacement of the same Stella & Chewy product. Refunded amounts exclude any initial or return shipping costs, and replacement may require payment of an additional shipping fee. OUR OBLIGATION TO PROVIDE A REFUND OR REPLACEMENT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR SOLE AND EXCLUSIVE OBLIGATION. IN ALL CASES, OUR LIABILITY WITH RESPECT TO A DEFECTIVE PRODUCT SHALL BE LIMITED TO THE AMOUNT OF MONEY YOU PAID FOR THE PRODUCT. WE WILL NOT BE LIABLE FOR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OR LOST PROFITS.
If you have questions or problems obtaining a refund or replacement from the original place of purchase, please contact Stella & Chewy’s at 888-477-8977 ext. 100. Returns are limited to the original purchaser and only one per customer.
Any and all offers or promotions advertised on the Website are void where prohibited by law, and are subject to the posting of any official rules and additional terms pertaining to such offers or promotions.
- Third-Party Websites.
You may be able to link from the Website to third-party websites, and third-party websites may link to the Website (collectively “Linked Sites“). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by our affiliates. Links to Linked Sites do not constitute our endorsement or sponsorship of such Linked Sites or the information, content, products, services, advertising, code, or other materials presented on or through such websites. S&C disclaims any liability for links (i) from another website to this Website, and (ii) to another website from this Website. S&C cannot guarantee the standards of any Linked Site, nor shall we be held responsible for the contents of such websites, or any subsequent links. We do not represent or warrant that the contents of any Linked Site are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. We are not responsible for any form of transmission received from any Linked Sites. Any reliance on the contents of a Linked Site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
- Linking to the Website.
Unless otherwise specifically indicated in these Terms or on the Website, you agree that: (i) if you include a link from any other website to the Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Website; (ii) you are not permitted to link directly to any image hosted on the Website or the Website Services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another Website; and (iii) you agree not to download or use images hosted on this Website on another website for any purpose including, without limitation, posting such images on another website. You agree not to link from any other website to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded, or obfuscated by any third-party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website at any time upon written notice to you.
- DISCLAIMER OF WARRANTIES.
The Website may contain information relating to the health, nutrition and wellness of pets. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own veterinarian or other veterinary professional. You should not use the information contained herein for diagnosing a pet’s health or fitness problems or disease. You should always consult your own veterinarian and/or veterinary advisors. YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND ALL “MATERIALS” ARE INTENDED FOR GENERAL CONSUMER INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO CONSTITUTE, AND DO NOT CONSTITUTE, THE PRACTICE OR FURNISHING OF MEDICAL OR PROFESSIONAL HEALTH CARE ADVICE.
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL WEBSITE SERVICES, FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTY CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE PROVIDED WEBSITE SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR AFFILIATES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEBSITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
- LIMITATION OF LIABILITY.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, THIRD PARTY PROVIDERS, OR LICENSORS (COLLECTIVELY, THE “PROTECTED ENTITIES“) BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, THE WEBSITE SERVICES OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEBSITE.
You agree to defend, indemnify and hold harmless us and our affiliates, and our directors, officers, employees, and agents and those of our affiliates, from any and all claims, liabilities, costs, and expenses, including attorneys’ fees, arising in any way from your use of the Website or the Website Services, from your placement or transmission of any message, content, information, software, or other materials on or through the Website, or from your breach or violation of the law or of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- Applicable Laws.
We control and operate the Website from our offices in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right to refuse access to the Website and Website Services to anyone for any reason at any time.
We may terminate, change, suspend or discontinue any aspect of the Website or the Website Services at any time. We may restrict, suspend or terminate your access to the Website and/or the Website Services if we believe you are in breach of these Terms or applicable law, or for any other reason without notice or liability.
- Changes to Terms.
We reserve the right, at our sole discretion, to change, modify, add, or remove any portion of the Terms, in whole or in part, at any time. Changes in the Terms will be effective when posted. Your continued use of the Website and/or the Website Services made available on or through the Website after any changes to the Terms are posted will be considered acceptance of those changes.
These Terms constitute the entire agreement between you and S&C and govern your use of the Website and the Website Services, superseding any prior agreements between you and S&C with respect thereto. The Terms, and the relationship between you and us, shall be governed by the laws of the State of Wisconsin, United States of America. You agree that any cause of action that may arise under the Terms shall be commenced and be heard in the appropriate court in the Eastern District of the State of Wisconsin, United States of America and you agree to submit to the personal and exclusive jurisdiction of the courts located within the Eastern District of the State of Wisconsin. ALL PARTIES TO THESE TERMS WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign these Terms without the prior written consent of S&C, but S&C may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.
- Contact Information.
If you have any questions or concerns about these Terms or its implementation, please contact us at firstname.lastname@example.org or call 1-888-477-8977 ext. 100.
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