(Last updated Nov 1, 2022)
These terms and conditions outline the rules and regulations for the use of this website (us.pixie.pet) operated by EIGHT PAWS LLC (“PIXIE”). By accessing this website we assume you accept these terms and conditions. Do not continue to use PIXIE if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the United States of America. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. These Terms and Conditions may be updated from time to time without prior notice to you.
We strongly recommend to read and understand our privacy policy before continuing. Please click Privacy Policy.
We do not accept returns of any of our perishable products. However, in the event that the customer notices any error in their order or in the status of their perishable products, they will have up to 48 hours to contact PIXIE's customer service to analyze their particular case and process their claim. Returns and refund requests for non-perishable products must be made within 1 week since you received the product. Refund may not be made in the event the product does not have any defect or issue. All products are subject to availability. Although all of the products offered by PIXIE are made with human grade ingredients they are intended for animal consumption only. All products must be consumed before the expiration date. We do not guarantee to accept the return requests automatically, every request will be analyzed by the customer service team. It is the Client's responsibility to freeze/refrigerate the product upon receipt. The final weight of the product may vary within the ranges established by the applicable regulation. We recommend storing the product frozen (ideally 10°f / -0.4°f) to maintain the established shelf life, however, the product may be kept refrigerated while it is consumed in the shortest time possible after thawing and opening. It is not convenient to thaw the product and refreeze it later. We maintain the best quality practices, however, especially due to thawing method (refrigerator, bain marie, microwave, room temperature) the texture and smell may vary without the product being altered, notwithstanding the foregoing, if it has an obvious bad smell, please do not give it to your pet and inform us immediately to start the respective quality control and quality assurance protocols. In case of damage caused by non-compliance with the prior recommendations, PIXIE may not be held responsible.
All our products are for personal use only. You agree not to resell any of the products provided by PIXIE. If we determine your order goes against this condition, we reserve the right to cancel your order and/or your subscription. If you are a wholesaler or a retailer interested in selling our products, please contact us for additional information.
In our product descriptions, we attempt to be as accurate as possible. Pixie does not warrant that these product descriptions or depictions, or other content on this Website, are accurate, reliable, current or complete.
At PIXIE, we send orders for delivery through third-party carriers. It is your responsibility to check the product for any irregularities or damages, including correct refrigeration. It is your responsibility to refrigerate the product once inspected, in accordance to the USDA/FDA instructions for food refrigeration. You are solely responsible for the correct storage, preparation, use and consumption of the products.
The delivery time and schedules depend entirely on the third party logistics company, so it is not possible for PIXIE to guarantee delivery times or schedules. You are responsible for being at the location stated in the order when your delivery arrives. Client agrees that Client will be responsible for the product, from the time of receipt at the specified location regardless of who signs the receipt. Therefore, you must designate an address where you can guarantee the reception and correct storage of the product. In the event that the Client does not arranges this reception, PIXIE will not assume any responsibility regarding damages that may affect the product. The delivery location provided by you should be specific and clear, although we are not responsible if third-party carriers fail to follow said instructions. Any person at the delivery location who accepts the delivery is presumed to be authorized to receive the products. In case you provide incorrect or unclear instructions for the delivery, an extra fee may be charged. We are not in any way responsible for any actions done by the third-party carriers, please contact us if you experience an issue with a carrier. If the delivery is not received within schedule, it is your responsibility to contact us. PIXIE will not assume any type of monetary or in-kind debt facing the customer for delays, wrong deliveries or losses, due to information errors provided by the customer, or logistical errors on the part of the transport companies.
PIXIE may enable to the Client the option to select a preferred delivery date in the areas where PIXIE has delivery coverage. In those cases, PIXIE will make its best effort to manage the delivery through the third party contracted for this purpose on the selected day. PIXIE may enable the option of express deliveries, as long as the logistics provider has the option and coverage, to prioritize their shipments and make the delivery in a shorter and determined time frame. However, PIXIE cannot guarantee the specific time or delivery as it depends on the third-party carrier.
In case a product fails to be delivered due to abnormal or inclement weather conditions, or any situation beyond our control, our third-party carriers will attempt to deliver the products as soon as possible. In case the delivery is not possible, we may cancel it and give you a refund. We are not responsible for any action or omission of any of the third party carriers. If you have a problem with any of these third party carriers, you should contact us and let us know of the situation.
In the events where PIXIE offers the benefit of "Free Shipping ", the Client agrees to receive the product at the delivery address indicated by The Client. In the event that, for reasons attributable to the Client, “eg. not being able to receive the order in the hours indicated to do so”, we reserve the right to charge additional delivery attempts since they would not be included in the benefit.
At PIXIE, we offer a subscription program, where you can receive our products recurringly according to your selected frequency and address. When you register for a subscription, you acknowledge and agree that PIXIE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO START TO CHARGE RECURRING NON-REFUNDABLE PAUMENTS IN ACCORDANCE TO THE DELIVERY FREQUENCY AND PRODUCTS SELECTED BY YOU, without the necessity of approval for each individual delivery. If you subscribe, we (or our third-party payment processor) will charge your account the first time you place this order, and then at the frequency thereafter that you choose depending on the product and/or service you purchase until you cancel the Subscription. These subsequent orders, or any changes to an upcoming recurring order, could be charged 4-8 days prior to your next scheduled delivery, though timing may vary. The subscription is continuous, and shall continue until you or PIXIE cancels it. In case you wish to cancel your subscription, you must contact PIXIE before the initial date of your next delivery cycle. You are obligated to provide updated payment information for the subscription program. The deliveries done during the duration of the subscription are subject to the same terms and conditions of single-purchase deliveries. PIXIE may enable the option for the subscriber to make requests for changes to the frequency, products, place of delivery, among others, which PIXIE will review and try to execute. However, PIXIE reserves the right to reject the change request as it cannot execute it for any reason, without this implying a breach by PIXIE. Charges may take up to 90 days after an initial order or recurring order is placed to be processed and posted to your credit card or another method of payment. By agreeing to these Terms and electing to subscribe, you acknowledge that your subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription by you or Pixie. We reserve the right to change or modify our charge times and order cutoff at our sole discretion.
One-time purchases not part of a subscription plan, or placed concurrently with a first subscription order, will be charged at the time the order is placed.
CHANGES TO AN UPCOMING RECURRING ORDER MUST BE RECEIVED BY 9:59AM PACIFIC TIME ON THE DAY YOU ARE TYPICALLY CHARGED TO TAKE EFFECT FOR THE FOLLOWING WEEK (for instance, if you are charged on Fridays for Orders received on Tuesdays, you need to make changes by 9:59AM Pacific Time on Friday for the next Tuesday Order). Customers should refer to their individual account pages for their specific dates. We reserve the right to change or modify our charge times and order cutoff at our sole discretion.
PIXIE may modify the prices of the products offered in subscriptions and one-time purchases as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your Subscription, we will provide advance notice of such changes. PIXIE may inform the price update through the price list on its website, email or any other means it chooses for that purpose. If the SUBSCRIBER decides not to accept this change, they will have to express in writing or through the website, the cancellation of their subscription that will stop at the next subscription expiry
You may purchase and browse the Website without registration, but some features of the Website and our services/products may not be available to you unless you register. When you register, you agree to: (a) provide accurate and complete information about yourself as required by the registration form (the “Registration Information”); (b) maintain and update the Registration Information to keep it accurate and current; and (c) certify that you are at least 13 years old. If you provide any false or incorrect information or if PIXIE has reasonable grounds to suspect this, PIXIE has the right to suspend or terminate your account and to refuse any further use of the Website by you. You may receive a username and password as part of the registration process. You are responsible for keeping the confidentiality of your information and activities that occur in connection with these. You agree to notify PIXIE immediately of any unauthorized use of your account or information or any other security breach.
By creating an account, you also consent to receive communications from Pixie that may include notifications about your account transactions or promotional information, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional communications at any time by following the accompanying unsubscribe instructions or contacting us.
THE USE OF THE WEBSITE BY THE CLIENT IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PIXIE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. PIXIE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THIS WEBSITE, AND YOU SHOULD CONFIRM ANY INFORMATION PRESENTED ON THIS WEBSITE BEFORE RELYING ON IT IN ANY WAY.
IN NO EVENT WILL OUXUE BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, EVEN IF PIXIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY TO DAMAGES FROM ANY CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE. IN NO EVENT WILL PIXIE LIABILITY TO YOU FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. PIXIE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
In the event you purchase our products through a third-party, separate terms and conditions may apply. Please directly contact the third-party vendor for details on their terms and conditions
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and their linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
We employ the use of cookies. By accessing the website, you agreed to use cookies in agreement with PIXIE's Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
Unless otherwise stated, PIXIE and/or its licensors own the intellectual property rights for all material on PIXIE. All intellectual property rights are reserved. You may access this from PIXIE for your own personal use subjected to restrictions set in these terms and conditions.
You must not
This Agreement shall begin on the date hereof.
Parts of this website may offer an opportunity for users to post and exchange opinions and information in certain areas of the website. PIXIE does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of PIXIE, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, PIXIE shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
PIXIE reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You hereby grant PIXIE a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
The following organizations may link to our Website without prior written approval:
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of PIXIE; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to PIXIE. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
No use of PIXIE's logo or other artwork will be allowed for linking absent a trademark license agreement.
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
PIXIE's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any such right or provision 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 these Terms and Conditions shall remain in full force and effect.
These Terms and Conditions and the relationship between you and PIXIE will be governed by the laws of Delaware, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delaware with respect to any claims arising from these Terms and Conditions or your use of the Website.
If you wish to contact us in writing, or if these Terms require you to give notice to us in writing, please contact us at:
Address:
5401 S KIRKMAN RD STE 135
ORLANDO FL 32819-7947
Telephone: 3212700224
Email: vet@pixie.pet
