Terms and Conditions
By placing an Order, the Customer and the Seller accept the following Terms and Conditions (Agreement). This Agreement is contractually binding to both the Customer and the Seller. The Customer also acknowledges they have read the description information in full for each Product ordered.
Order – Product(s) cost plus shipping cost.
Product – The product itself, not including shipping.
Customer – Person making the purchase.
Seller – Nature by Dawn, Inc., owner of the website PetAutoSafety.com, PetAutoSafetyBlog.com, and other websites.
Agreement – The Terms and Conditions by which both the Seller and the Customer must abide.
Shipper – The third party company which ships the Order. The Shipper could be the USPS, UPS, or Fed Ex, depending on the Product.
Shipping cost – The cost charged by the Seller, not the actual cost. In some cases, the actual cost is less than charged and in other cases it is more than charged. This cost is an estimate and is based as close to the actual cost to ship plus the cost of packaging as possible.
I. Governing Law and Jurisdiction
This Agreement governed by the laws in the State of Kansas. The Customer agrees that any arbitration or litigation will be brought exclusively in Douglas County, Kansas and waives the right to change venue. Any dispute from either the Customer or the Seller will be brought forth no later than one year after the cause of action has arisen.
II. Order Cancellations
(a) The Order - The Customer agrees to pay the total purchase price for the selected Product Cost plus shipping cost (hereby referred to as the Order).
(b) Cancellation of the Order Prior to Shipment – Both the Seller and the Customer may cancel the Order prior to shipment for any reason. This cancellation will void the Order and the Customer will be refunded the full Order cost.
(c) Cancellation of the Order After Shipment - If the Customer wants to cancel the Order but the Order has already shipped, the Customer must wait for the Order to arrive, then "return to sender" or "refuse" the package through the shipping company. If any cost is associated with this, it is the Customer's responsibility to cover that cost. Since the Seller has already paid to ship the Order, only the purchase price of the Product(s) will be refunded. Shipping cost is not refunded. The Seller does not provide return mail labels. If the Seller shipped an Order and later discovers a mistake, the Shipper will pay all return costs and for the cost of shipping the correct Order.
III. Return Privileges
(a) Contact the Seller for Return Instructions - In some cases, a Product purchased through the Seller is sent from a Third-Party Supplier. To determine if a Product needs to be returned to the Seller or to the Third-Party Supplier, the Customer must contact the Seller by phone or by email for return instructions. The Seller will not be held liable for an unpaid refund if the Customer returned the Product to the Third Party Supplier, the Seller was not properly notified of the return by the Customer (either by phone or via email), and if the Seller was not made aware of the return by the Third-Party Supplier. (See the Contact Us page for the Seller's phone number and email address.)
(b) Refund Limitations - Most Products are entitled to a full refund of the Product cost, but not shipping cost, if the Product is properly returned within 30 days from the date the Order was delivered to the Customer and the Product is unused and in new condition. Some Products are not entitled to a full refund of the Product cost due to restock fees and/or construction fees. These Products include but are not limited to the metal car barriers, Sleepypod products, and BreezeGuard window screens. If a Product is not entitled to a full refund of the Product cost, it will be listed on its Product description page. In placing an Order for a particular Product the Customer has acknowledged they have read the Product's description in full and agree to its terms. If a Product is returned, the Customer is responsible for shipping with insurance and packaging securely. If the Product is returned damaged due to the return shipping shipping, the Customer is responsible for obtaining the refund from the Shipper.
IV. Product Defects
(a) What is a Product Defect? - The Seller defines a Product Defect as a Product delivered with broken or mis-constructed parts. A missing part does not define a Product Defect if the missing part(s) can be supplied and applied by the Customer with reasonableness. We make every effort to provide as much of a Product description as possible. If the Product ordered is returned because the Customer doesn't like it, their pet doesn't like it, or their pet is able to circumvent it, this is not a Product Defect. It should be reasonably assumed that a determined pet can circumvent any system. If the Product does not fit, this is not a Product Defect unless it doesn't fit because the Product is actually larger or smaller than specified in the Product's description. An example of a Product that is not a Product Defect - purchasing a dog car harness which states a girth measurement between 21" and 25" only to find that it doesn't fit because the Customer's dog has a girth of 19". The Customer is responsible for performing proper measurements and comparing to the specifications located in the Product's description.
(b) How to Report a Product Defect - The Customer must report a Product Defect to the Seller within 5 business days from the date of delivery by phone or email.
(c) Refund Policy on a Product Defect - A Product returned due to a Product Defect will be refunded in full or sent a replacement (to be decided by the Customer). The cost for the Customer to return a Product for Product Defect will be compensated for the return shipping cost. Since the Seller does not provide return mail labels, the compensation will be provided by the Seller in the form of a check.
V. 30 Day Warranty
(a) How the 30 Days are Counted - The Customer has a right to return their purchased Product within 30 days from the date the Order was delivered to the Customer. The date it was delivered will be based upon the delivery date provided by the Shipper. If the delivery date was not provided by the Shipper, the 30 days will be determined from the known date the Order was shipped plus 7 days. Return Privileges apply except as indicated in (b) and (c) below.
(b) Warranty on Damaged Products – No Fault - A Product damaged at no fault of the Customer or their pet (such as a strap on a seat cover breaks or sewed padding starts to come apart) will be refunded in full (Product cost plus shipping cost plus return shipping cost) if the Seller is notified by phone or email within 30 days from when the Product was delivered to the Customer. The Seller is not liable for a Product damaged after 30 days unless the Product's manufacturer warranty applies.
(c) Warranty on Damaged Products – With Fault - If a Product was damaged due to misuse or was damaged by the pet, the 30 Day Warranty does not apply. A Product damaged due to misuse or damaged by the pet is not entitled to a refund of any kind.
VI. Exchange Privileges
The Customer may elect to exchange a new and unused Product purchased from the Seller for another of equal or lesser value within 30 days from when the Product was delivered to the Customer. All Return Privileges apply. Shipping costs are not refunded.
VII. Risk of Loss or Damage
(a) Customer Reporting Requirements – The Customer must notify the Seller by phone or by email of any damage to the Order within 5 days from the date of delivery. Please also see section (c) below for other requirements. The Customer must notify the Seller by phone or email if their Order has not arrived within 60 days from the date the Order was replaced.
(b) Seller and Customer's Responsibilities for Loss - With one exception (see (d) below), the Seller will be responsible for providing insurance on the Order shipment. If the Shipper says the Order was delivered but the Customer says they did not receive it, both the Seller and the Customer must contact the Shipper to determine if the Order can be found. If after contacting the Shipper the Order cannot be found, the Seller agrees to provide a replacement. If the Seller had insurance on the Order shipment, the Customer agrees to work with the Seller and the Shipper in filling out any paperwork needed to recover the loss from the Shipper. If the Seller did not provide insurance, the Seller agrees to cover the loss by sending a replacement Order at no charge.
(c) Seller and Customer's Responsibilities for Damage - If the Product in the Order is damaged through the Shipper, the Customer agrees to work with the Seller and the Shipper in filling out any paperwork needed to recover the loss from the Shipper. The Customer also agrees to keep the damaged packaging in which the Order was placed and the damaged Product until the Shipper can verify the damage. The Customer also agrees to make arrangements to be available for the Shipper to verify the damage. The Seller will only provide a replacement of the Order once damage has been verified by the Shipper. This does not apply if the Product was shipped from the Customer to the Seller in the form of a return. See III. Return Privileges item (b).
(d) If the Customer provides Seller with the Customer’s own shipping account number or selects a Shipper other than a Shipper that regularly ships that Product for the Seller, the Seller agrees to work with the Customer and the Shipper in filling out any paperwork needed to recover any loss or damage from the Shipper. If recovery from the Shipper cannot be found, the Seller is not liable for the loss.
VIII. Product Liability
The Customer understands that the Seller is not the manufacturer of the Products purchased by the Customer and the only warranties offered are those of the manufacturer, not the Seller. In purchasing the Product(s), the Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the Products that may be provided by the Seller. The Customer expressly waives any claim that it may have against the Seller based on any Product liability or infringement or alleged infringement of any patent, copyright, trade secret or other intellectual property rights (each a “Claim”) with respect to any Product and also waives any right to indemnification from the Seller against any such Claim made against the Customer by a third party. The Customer acknowledges that no employee of the Seller is authorized to make any representation or warranty on behalf of the Seller that is not in this Agreement.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES (SAVE AND EXCEPT ANY WRITTEN WARRANTIES ISSUED BY SELLER AND SIGNED BY AN OFFICER OF SELLER FOR A SPECIFIC ROOF SYSTEM), WHETHER EXPRESS, IMPLIED OR STATUTORY, AND ALL OTHER LIABILITIES (CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE) AND SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR OF FITNESS.
Any testing claims made by the seller regarding safety testing of the dog car harness brands and other pet travel safety products are claims made by the manufacturer. The Customer is hereby made aware that there are currenly no formal testing standards for pet travel safety products and each company brand has used their own company and own testing methods to determine safety. For a non-profit website which strives to determine pet travel safety on various dog car harness brands, visit The Center for Pet Safety by clicking HERE. While this organization has tested several brands, they are not able to disclose which brands were tested. They have concluded, however, that of the four brands shown here, all had safety concerns. A dog car harness may not be able to protect all pets in all situations. At best, a dog car harness can help to keep a dog from being a distraction to the driver. The Center for Pet Safety is continuing their research and hoping to encourage better quality pet travel products from the manufacturers.
IX. Shipping Times
The Seller will not be responsible for and no liability shall result to the Seller for any delays in delivery or in performance which result from any circumstances beyond Seller’s reasonable control, including, but not limited to, Product unavailability, Shipper delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or agency. Any shipping dates or completion dates provided by the Seller are estimates only. The Seller offers standard shipping methods only and cannot guarantee rush deliveries. See our Shipping Information page for more details by clicking HERE.
X. Pricing Information & Availability Disclaimer
The Seller reserves the right to make adjustments to the pricing of its Products for reasons including, but not limited to, changing market conditions, Product discontinuation, Product unavailability, manufacturer price changes, supplier price changes and errors in advertisements. All orders are subject to Product availability. Therefore, the Seller cannot guarantee that it will be able to fulfill all the Customer’s orders.
XI. Right to Resell
The Seller may resell a returned Product under the following conditions. If the Product is returned for any reason other than a Product Defect and returned in new condition, the Seller reserves the right to resell that Product. If the Product has not been used, the Seller reserves the right to sell it as a new product without disclosure even if the package has been opened. If the product has only been slightly used by being put together or put on the pet, the Seller agrees to disclose the Product as slightly used.
(a) Secure Network - We use reliable processors and take reasonable measures to secure your personal information. Your information is not shared with outside companies with the exception of your name, address, phone number, and email address to a supplier if the Product you ordered is sent directly from the supplier rather than our own location.
(a) Copyright on Images - All the images on this website are used with permission or are the Seller's own photographs. Images which are used with permission include manufacturer photos, photos from customers, or purchased photos. One may use the images we used with permission by obtaining the permission of the manufacturer, customer, or other original copyright holder of the image.
(a-1) Using the Seller's Images for Personal Use – One may use images from this website for personal use if credit is given to this site in the form of a link to http://www.petautosafety.com. The link must be active. Written permission is not required if it is for personal use and the image is properly linked.
(a-2) Using the Seller's Images for Commercial Use – Written permission is required before the Seller's image can be used for commercial use. The Digital Millennium Copyright Act (DMCA) is strongly enforced by ourselves as well as by Google, You Tube, and other sites. Images used for commercial use or for private use without a link will be reported to Google or other sites as deemed necessary. This reporting could result in the offending party's account being suspended, the offending party's website being deleted, and/or legal action by the Seller.
(b) Photos Shared by Customers – Customers who share their photos with the Seller agree to allow the Seller to use these photos for promotional purposes. The Seller may use the photos for promoting products on this website, on the Seller's blogs, in the Seller's commercials, or on any of the Seller's social media sites such as Twitter, Facebook, Pinterest, or others.
(c) Copyright on Text – All content on this website has been written by the Seller. If content is copied and pasted, credit must be given to this website in the form of a link to http://www.petautosafety.com. The link must be active. Written permission is not required if the information is properly linked.