Terms and Conditions of Sale
This Hedgehog Purchase Agreement ("Agreement") is made between Brennan Enterprises, GP, a New Hampshire based general partnership company ("Royal Hedgehogs"), and the individual purchase the hedgehog pursuant to this Agreement ("Customer" and collectively, with Royal Hedgehogs, the "Parties") for the purchase of the hedgehog by the Parties(the "hedgehog"). The Customer may also purchase hedgehog products for the hedgehog("Products")
The hedgehog is sold as-is, and, other than as expressly set forth herein of in the Health Guarantees, the terms of which are incorporated herein by reference and are made a part of this Agreement, Royal Hedgehogs makes no representations, warranties, covenants, agreements or guarantees including, without limitation, those relating to disposition, conformation, size, weight, color or markings of the hedgehog.
1. Hedgehog Value.
2. Code of Conduct.
Following is Royal Hedgehogs' Code of Conduct:
- Lifelong care of the hedgehog. This means committing to the relationship for your hedgehog's entire life.
- Selecting a hedgehog that is suited to your home and lifestyle and avoiding impulsive decisions. You should be aware of common health problems associated with hedgehogs, how to prevent them, and how to recognize their onset. Ensure that the rules of your housing allows for hedgehog ownership.
- Purchase food, treats, toys and any required supplies you'll need in advance so that your hedgehog or hedgehog's transition into your home will be a smooth one.
- You and your family members should decide who will be responsible for food, water, bathing, interaction and cleanup.
- If traveling with your hedgehog, keep your hedgehog safe in the car by using an appropriately sized crate.
- Ensure early socialization to facilitate their well-being and the well-being of other animals and people.
- Establish and maintain a veterinarian-client-patient relationship. Choose a veterinarian ahead of time, so you'll be ready for a visit soon after your hedgehog comes home.
- Provide preventive (e.g., parasite control) and therapeutic health care for the life of your hedgehog(s) in consultation with, and as recommended by, your veterinarian.
- Adhere to all laws, regulations and ordinances of hedgehog ownership.
- Include your hedgehogs in your planning for an emergency or disaster, including assembling and evacuation kit. Make arrangements for the care of your hedgehog when or if you are unable to do so.
- Recognize declines in your hedgehog(s)' quality of life and making decisions in consultation with your veterinarian regarding appropriate end-of-life care (e.g., palliative care, hospice, euthanasia).
3. Website Information Provide By Royal Hedgehogs.
4. Pickup & Travel
As soon as the hedgehog is ready for travel, the hedgehog will typically travel within seven to fourteen days of the effective date of this Agreement. Occasionally, a hedgehog may need additional time before travel. The final determination of the travel date for the hedgehog is made by Royal Hedgehogs with the health and well-being of the hedgehog in mind. Transportation of the hedgehog is primarily provided by Royal Hedgehogs and occasionally through third party USDA registered transporters. Occasionally, there my be delays for numerous reasons, including, but not limited to, weather, temperature restrictions, logistics, mechanical failure or other unforeseen events. Royal Hedgehogs shall not be liable, directly or indirectly, for any delays, including, without limitation, those that may cause Customer inconvenience or financial loss, nor shall any delay be a valid cause for cancellation of Customer's purchase of the hedgehog. Customer understands and agrees that no refund shall be provided by Royal Hedgehogs an/or its affiliates due to any transportation delays. Transportation fees are non-refundable under all circumstances.
5. No Warranties.
6. Cancellation by Customer
Customers may cancel purchase of the hedgehog by notifying Royal Hedgehogs. In the ent Customer cancels the purchase. Customer understands and agrees that an administrative fee of up to $250.00 may be retained by Royal Hedgehogs. Customer and Royal Hedgehogs agree that this amount is a fair and equitable amount for damages as it would be impossible to compute the exact extent of damages sustained by Royal Hedgehogs as a result of such cancellation. If a Customer cancels a purchase after the hedgehog begins traveling, customer will be responsible for travel fees and an administrative fee of up to $250.00.
7. No Returns for Monetary Refund.
8. Hedgehog Must Be Returned If Customer Cannot Care for It.
In the event Customer is unable or unwilling to care for the hedgehog at any time during the hedgehog's life, Customer agrees to contact Royal Hedgehogs immediately regarding rehoming the hedgehog. If Customer must return the hedgehog for any reason, it will be on a surrender basis only with no refund or credit, and Customer will be responsible for all travel-related costs. Upon any such surrender, Royal Hedgehogs shall use commercially responsible efforts to find a new home for the hedgehog through Royal Hedgehogs' proprietary rehoming program.
9. Consent to Receive Phone Calls and Text Messages.
By electronically signing the Agreement, you authorize Royal Hedgehogs, registered USDA licensed transport affiliates, to deliver to you, at the telephone number supplied by you to Royal Hedgehogs during your purchase, text messages and calls.
11. Arbitration Agreement.
- This agreement to arbitrate is intended to be broadly interpreted, and includes, but is not limited to: (1) disputes and claims arising out of, or relating to any aspect of the relationship between Customer and Royal Hedgehogs, whether based in breach of contract, breach of any guarantees or warranties, tort, statute, fraud, misrepresentation or any other legal theory; (2) claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising); (3) claims that may arise after the termination of Customer's relationship with Royal Hedgehogs; and (4) claims that are currently the subject of purported class action litigation in which Customer is not a member of a certified class.
- Customer and Royal Hedgehogs hereby agree that the Federal Arbitration Act ("FAA") applies to any arbitration, and governs all questions of whether a dispute is subject to arbitration. Unless Customer and Royal Hedgehogs agree otherwise in writing, arbitration shall be: (i) administered by the American Arbitration Association ("AAA"), pursuant to the Consumer Arbitration Rules then in effect (the "AAA's Rules"); and (ii) conducted by a single arbitrator who is licensed to practice law. The AAA's Rules can be found at www.adr.org.
- THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, CUSTOMER AND ROYAL HEDGEHOGS ARE ENTITLED TO PURSUE ARBITRATION ONLY ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS CUSTOMER AND ROYAL HEDGEHOGS AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY'S CLAIMS WITH ANY OTHER PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
- Customer and Royal Hedgehogs each are responsible for their respective costs relating to counsel, experts and witnesses.
- This arbitration agreement does not preclude the Customer or Royal Hedgehogs from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief on a party's behalf. In addition, and notwithstanding the other provisions of this arbitration agreement, either party may bring an individual action in small claims court.
- If Customer or Royal Hedgehogs fails to comply with this arbitration provision, said breaching party shall be liable for the costs and attorneys' fees incurred by the other party in enforcing compliance with the arbitration agreement.
- Unless the AAA arbitrator rules otherwise, all claims or counterclaims shall be resolved by the submission of documents only / desk arbitration (see R-29 of the AAA's Rules). Any party, however, may ask for a hearing. The arbitrator also may decide that a face-to-face hearing is necessary. Any hearing, however, that is not held by telephone, shall take place in Merrimack County, New Hampshire, unless the AAA arbitrator decides otherwise.
- Small Claims Option: You may also litigate any dispute in Small Claims Court in Merrimack County in the State of New Hampshire. If your claim meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Merrimack, click here. However, if you initiate a Small Claims case, you are responsible for all your court costs.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Royal Hedgehogs (except for small-claims court actions) may be commenced only in the federal or state courts located in Merrimack County, New Hampshire. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
12. Choice of Law.
The Agreement, and any claim. controversy or dispute arising under or related to the Agreement, the relationship of the parties, and/or the interpretation and enforcement of the rights and duties of the parties, shall be governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to its conflict of law provisions that would cause the application of the laws of any other jurisdiction.
If any provision, or provisions of this Agreement is held to be illegal, invalid or unenforceable under applicable law by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall continue in full force and effect and shall not in any way be affected or impaired thereby.
12. Entire Agreement.
This Agreement represents the entire agreement between the Parties and no other terms or conditions shall be applicable to this sale.