Terms of service

GENERAL TERMS AND CONDITIONS OF SALE

HEEL COLLAR LINE PRODUCTS

1. THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY PLACING AN ORDER FOR PRODUCTS, YOU ACCEPT AND ARE BOUND BY THESE TERMS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH FLEETWOOD HOLDING COMPANY, LLC OR ANY OF ITS AFFILATES, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR ANY OF THE WEBSITE'S CONTENTS BY APPLICABLE LAW IF ORDERING THE PRODUCTS THROUGH THE WEBSITE.

These terms and conditions (the "Terms") apply to the purchase and sale of the Heel virtual dog leash line of products (the "Products"), including Products purchased and sold through https://heel.dog/ (the "Website"). These Terms remain in full force and effect while you use the Products.  These Terms are subject to change by Fleetwood Holding Company, LLC or any of its affiliates (collectively, referred to as "us", "we", or "our") without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Website, and you should review these Terms before purchasing Products. 

1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all Products listed in your order. All orders must be accepted by us, or we will not be obligated to sell Products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by visiting https://heel.dog/ or calling us at (800)-257-6390.

2. Prices and Payment Terms. 

1. All prices posted on this Website are subject to change without notice. The price charged for Products will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

3. Shipments; Delivery; Title and Risk of Loss. 

1. We will arrange for shipment of Products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

2. Title and risk of loss pass to you upon our transfer of Products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

4. Returns and Refunds. Except for Products designated as non-returnable, we will accept a return of Products for a refund of your purchase price, less the original shipping and handling costs, and less a 10% restocking fee, provided such return is made within 30 days of shipment and provided such Products are returned in their original condition. To return Products, you must obtain a Return Merchandise Authorization ("RMA") number from our team by visiting https://heel.dog/, or sending an email to hello@heel.dog, or calling (833)-247-3233. No returns of any type will be accepted without an RMA number.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. 

Refunds are processed within approximately three business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase. WE OFFER NO REFUNDS ON PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

1. LIMITED WARRANTY. 

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. 

THIS LIMITED WARRANTY CAN ALSO BE FOUND AT HTTPS://HEEL.DOG/.

WE WARRANT THAT, DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT, OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

1. Who May Use This Warranty?

This limited warranty extends only to the original purchaser the Products. It does not extend to any subsequent or other owner or transferee of the Products or any transferee or other beneficiary.

1. What Does This Warranty Cover?

This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in the Products.

1. What Does This Warranty Not Cover?

This limited warranty does not cover any damages due to:

1. transportation;

2. storage;

3. improper use;

4. failure to follow the Products' instructions or to perform any preventive maintenance;

5. modifications;

6. combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by us;

7. unauthorized repair;

8. normal wear and tear;

9. external causes such as accidents, abuse, or other actions or events beyond our reasonable control; OR 

10. products manufactured by a third party ("Third Party Product") that may constitute, contain, be contained in, incorporated into, attached to, or packaged together with, the Products. For the avoidance of doubt, we make no representation or warranty with respect to any Third Party Product. 

1. What Is the Period of Coverage?

This limited warranty starts on the date of your purchase and lasts for one year (the "Warranty Period"). The Warranty Period is not extended if we repair or replace warranted Products. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

1. What Are Your Remedies Under This Warranty?

With respect to any defective Products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such Products (or the defective part) free of charge or (ii) refund the purchase price of such Products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective Products.

1. How Do You Obtain Warranty Service?

To obtain warranty service, you must visit https://heel.dog/, or call (833)-247-3233 or email us at hello@heel.dog during the Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA number.

1. Limitation of Liability

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.  

IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE ACTUAL AMOUNT PAID BY YOU TO US FOR THE PRODUCTS SOLD.

THE PRODUCTS ARE NOT A SUBSTITUTE FOR A PHYSICAL LEASH AND ARE FOR USE WITH ONLY YOUR DOG. THE PRODUCTS ARE NOT FOR USE WITH VICIOUS ANIMALS OR GUARD ANIMALS. DO NOT USE THE PRODUCTS IF YOUR DOG MAY POSE A THREAT TO OTHERS.

YOU AGREE THAT YOUR USE OF THE PRODUCTS WILL BE AT YOUR SOLE RISK.  WE WILL ASSUME NO LIABILI

TY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE PRODUCTS. OUR PRODUCTS ARE NOT SUBSTITUTES FOR YOUR RESPONSIBILITIES AS THE OWNER OF YOUR DOG. YOU ARE ULTIMATELY RESPONSIBLE FOR ENSURING THE CONTAINMENT, SAFETY, AND LAWFUL TREATMENT OF YOUR DOG. WE DO NOT GUARANTEE CONTAINMENT OF YOUR DOG. 

USING THE PRODUCTS IN A MANNER OTHER THAN SPECIFIED IN THE USER MANUAL OR INCONSISTENT WITH THE LAWFUL TREATMENT OF YOUR DOG MAY CAUSE INJURY. YOU ARE RESPONSIBLE FOR MAINTAINING THE FUNCTIONALITY OF ANY PRODUCTS, AND WE ARE NOT RESPONSIBLE FOR THE MAINTENANCE OF THE PRODUCTS OR FOR ANY CONSEQUENCES RESULTING FROM A MALFUNCTIONING PRODUCT. 

NO VIRTUAL DOG LEASH CAN COMPLETELY PREVENT YOUR DOG FROM ESCAPING A CONTAINMENT AREA OR PREVENT PERSONS OR OBJECTS FROM ENTERING A CONTAINMENT AREA AND HARMING OR TAKING YOUR DOG. WE ARE NOT RESPONSIBLE FOR SUCH OCCURRENCES. 

FURTHERMORE, WE ARE NOT RESPONSIBLE FOR HARM, INCLUDING DEATH, THAT MAY OCCUR TO AN INDIVIDUAL OR OTHER ANIMAL THAT ENTERS AN AREA WHERE YOUR DOG IS LOCATED. THE PRODUCTS ARE NOT A SOLID BARRIER, FENCE, OR PHYSICAL LEASH AND WILL NOT WORK AS INTENDED, WITHOUT YOU – THE OWNER – FOLLOWING OUR USER MANUAL.  WE ARE NOT RESPONSIBLE FOR HARM (PHYSICAL OR PSYCHOLOGICAL), INJURY OR DEATH OF YOUR  DOG FOR ANY REASON TO INCLUDE, BUT NOT LIMITED TO, EXCESSIVE ELECTRONIC STIMULATION, INJURY OR DEATH WHILE IN A CONTAINMENT AREA, INJURY OR DEATH OUTSIDE A CONTAINMENT AREA, THEFT OF YOUR  DOG, OR ANIMAL ABUSE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

1. What Can You Do in Case of a Dispute with Us?

The informal dispute resolution procedure detailed in 13 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.

1. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States, including all Export Regulations (as defined below). You represent and warrant that you are buying Products for your own personal or household use only, and not for resale or export. Products may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").

2. Intellectual Property Use and Ownership. You acknowledge and agree that we will remain the sole and exclusive owner of all intellectual property rights in and to the Products and any related specifications, instructions, documentation, or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Products or of any intellectual property rights relating to the Products.

3. Indemnification.  You shall indemnify and hold us harmless from any and all liabilities, demands, claims, losses, damages, costs and expenses of any nature or kind (including legal and other professional fees) arising from your or any third party's use or misuse, maintenance, transportation, storage, handling, sale or disposal of Products. You agree that we assume no liability whatsoever for any damage, loss, injury, disability, or death that might arise from the use of, misuse of, or the inability to use the Products by any person. You assume full responsibility for and risk of any damage, loss, injury, disability, or death which has or may be sustained as a consequence of the use of the Products. 

4. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, [https://heel.dog/policies/privacy-policy], governs the processing of all personal data collected from you in connection with your purchase of Products through the Website.

5. Force Majeure. We shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of us including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of 90 days, you are entitled to give notice in writing to us to terminate these Terms. 

6. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Michigan.

7. Dispute Resolution and Binding Arbitration.

1. YOU AND FLEETWOOD HOLDING COMPANY, LLC AND ITS AFFILATES ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

1. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this 13. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

1. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

2.  You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR FLEETWOOD HOLDING COMPANY, LLC AND ITS AFFILATES WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

2. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Fleetwood Holding Company, LLC.

3. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

4. Notices.

1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, (ii) by sending first class mail to the address you provide, or (iii) by posting to the Website. Notices sent by email will be effective when we send the email, notices sent by first class mail will be effective when we send the notice, and notices we provide by posting will be effective upon posting.

2. To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, (ii) overnight courier, or registered or certified mail to Fleetwood Holding Company, LLC, 11832 James Street, Holland, MI 49424. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

5. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

6. Entire Agreement. These Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

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