Terms of service
TERMS OF SERVICE
Last updated: April 26, 2025
OVERVIEW
This website is operated by Whisker Bark LLC. Throughout the site, the terms "we," "us," and "our" refer to Whisker Bark LLC. Whisker Bark LLC offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and Services to you.
---
SECTION 1 — ONLINE STORE TERMS
---
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
---
SECTION 2 — GENERAL CONDITIONS
---
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
---
SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
---
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
---
SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES
---
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
---
SECTION 5 — PRODUCTS AND SERVICES
---
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 Return Policy, which is incorporated herein by reference and available at: whiskerbark.com/policies/refund-policy
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
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 at any time. Any offer for any product or Service made on this site is void where prohibited.
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 Service will be corrected.
---
SECTION 6 — RETURN POLICY
---
All returns, refunds, and exchanges are governed exclusively by our Return Policy, which is available at: whiskerbark.com/policies/refund-policy
By placing an order on our site, you acknowledge that you have read and understood our Return Policy, including the following key terms:
- Returns are accepted within 30 days of delivery, subject to condition requirements.
- A $15 return shipping fee and a restocking fee of 5–20% (based on item condition) apply to all eligible returns.
- Lightly used items may be accepted at a higher restocking fee at our sole discretion. Items deemed heavily used, damaged, or unsellable will be denied.
- Bailey chairs are non-returnable once opened or assembled. They must be returned unassembled and in their original, undamaged box.
- Items must be returned in the original box we shipped them in. If a different or oversized box is used, any additional carrier charges will be deducted from your refund.
- Original shipping charges are non-refundable.
- Exchanges are free and exchanged items are final sale.
For full details, please review our Return Policy at the link above.
---
SECTION 7 — ACCURACY OF BILLING AND ACCOUNT INFORMATION
---
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
---
SECTION 8 — OPTIONAL TOOLS
---
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
---
SECTION 9 — THIRD-PARTY LINKS
---
Certain content, products, and Services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
---
SECTION 10 — ANALYTICS, TRACKING, AND SESSION RECORDING
---
We use third-party analytics, advertising, and optimization tools on our website, including Google Analytics, Google Ads, Hotjar, VWO (Visual Website Optimizer), and Shopify Audiences. These tools may collect information about your behavior on our Site, including pages visited, clicks, mouse movements, and session activity, for purposes of analytics, advertising optimization, and website improvement.
Hotjar may record your screen interactions (mouse movements, clicks, scrolls) on a random sample basis. Sensitive fields such as payment information and passwords are automatically masked and never captured.
Your use of our website constitutes your acknowledgment that these tools are in operation. For full details on what each tool collects, how long data is retained, and how to opt out, please review our Privacy Policy at: whiskerbark.com/policies/privacy-policy
You may opt out of specific tools as follows:
- Google Analytics: tools.google.com/dlpage/gaoptout
- Google Ads personalization: adssettings.google.com
- Hotjar: hotjar.com/legal/compliance/opt-out
- Shopify Audiences: privacy.shopify.com/en
---
SECTION 11 — PERSONAL INFORMATION
---
Your submission of personal information through the store is governed by our Privacy Policy, available at: whiskerbark.com/policies/privacy-policy
Our Privacy Policy explains what information we collect, how we use it, which third-party tools process it on our behalf, and what rights you have regarding your data. By using our Services, you acknowledge and agree to the data practices described in our Privacy Policy.
---
SECTION 12 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
---
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
---
SECTION 13 — ERRORS, INACCURACIES AND OMISSIONS
---
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law.
---
SECTION 14 — PROHIBITED USES
---
In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
---
SECTION 15 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
---
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Whisker Bark LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
---
SECTION 16 — INDEMNIFICATION
---
You agree to indemnify, defend, and hold harmless Whisker Bark LLC and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
---
SECTION 17 — SEVERABILITY
---
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
---
SECTION 18 — TERMINATION
---
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may accordingly deny you access to our Services (or any part thereof).
---
SECTION 19 — ENTIRE AGREEMENT
---
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including but not limited to any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
---
SECTION 20 — GOVERNING LAW
---
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.
---
SECTION 21 — DISPUTE RESOLUTION
---
In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Service or the use of our Services, the parties agree to first attempt to resolve the dispute informally by contacting us at contact@whiskerbark.com. If the dispute is not resolved within 30 days of informal notice, either party may pursue their legal remedies as permitted under applicable law.
To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted on an individual basis only and not as a class, consolidated, or representative action.
---
SECTION 22 — CHANGES TO TERMS OF SERVICE
---
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
---
SECTION 23 — CONTACT INFORMATION
---
Questions about the Terms of Service should be sent to us at contact@whiskerbark.com.
Whisker Bark LLC
350 S Miami Ave, Apt 3411
Miami, FL 33130
United States
Email: contact@whiskerbark.com
---
SECTION 24 — PRODUCT LIABILITY AND PET SAFETY DISCLAIMER
---
The following applies to all products sold through whiskerbark.com, including but not limited to dog wheelchairs, mobility carts, Bailey chairs, dog seat covers, and any other pet care or pet equipment products.
NOT A MEDICAL DEVICE
No product sold by Whisker Bark LLC is a medical device. Our products are mobility assistance and lifestyle products for pets. They are not intended to diagnose, treat, cure, or prevent any medical condition in any animal. No medical claims are made or implied. Nothing on our website or in our product descriptions constitutes veterinary advice.
VETERINARY CONSULTATION
We strongly recommend that you consult a licensed veterinarian or veterinary physical therapist before using any mobility or support product — including dog wheelchairs and mobility carts — particularly if your pet has an existing injury, neurological condition, post-surgical recovery need, degenerative condition, or any other health concern. Whisker Bark LLC is not liable for any harm, adverse outcome, or veterinary expenses arising from failure to obtain appropriate professional guidance prior to use.
SIZING AND FIT RESPONSIBILITY
For products that require sizing or fitting (including dog wheelchairs and mobility carts), correct sizing is the sole responsibility of the purchaser. Whisker Bark LLC provides sizing guides as a reference tool only. We do not guarantee that any sizing guide will produce a correct fit for every individual animal. Injuries, pressure sores, joint strain, or other adverse outcomes resulting from incorrect sizing are not the liability of Whisker Bark LLC.
SUPERVISION REQUIREMENT
All products sold by Whisker Bark LLC are intended for supervised use only. You agree that you will not leave your pet unsupervised while using any mobility device, support product, or equipment purchased from our store. Whisker Bark LLC is not liable for any injury, harm, or adverse outcome occurring during unsupervised use.
USAGE RESPONSIBILITY
All products must be used strictly in accordance with the instructions and guidelines provided with the product, including any physical insert included in the packaging. Whisker Bark LLC is not liable for any injury, harm, or adverse outcome resulting from:
- Misuse or use inconsistent with provided instructions
- Use on unsuitable terrain or in unsuitable conditions
- Overuse or use beyond recommended daily time limits
- Use by a pet deemed unsuitable for the product by a veterinarian
- Failure to inspect the product for wear or damage prior to use
- Modification or alteration of the product in any way
- Use of the product beyond its reasonable service life
PRE-EXISTING CONDITIONS AND INDIVIDUAL VARIATION
Individual pets may have unique physical needs, behavioral tendencies, health conditions, and reactions to products. Whisker Bark LLC is not liable for any harm or adverse reaction caused by pre-existing health conditions, behavioral characteristics (including but not limited to aggressive chewing, excessive movement, or atypical gait), or individual physical characteristics that were not disclosed to us at the time of purchase.
PRODUCT INSPECTION
You agree to inspect all products upon delivery and prior to each use. If any product appears damaged, defective, or unsafe, you agree to cease use immediately and contact us at contact@whiskerbark.com before continuing use. Continued use of a visibly damaged or defective product is at your sole risk.
LIMITATION OF LIABILITY FOR PET PRODUCTS
To the fullest extent permitted by applicable law, Whisker Bark LLC shall not be liable for any veterinary expenses, medical costs, injury, death, pain and suffering, or consequential damages of any kind relating to your pet, arising from the purchase or use of any product sold on our Site. This limitation applies whether the claim is based in contract, tort, strict liability, or any other legal theory, and whether or not Whisker Bark LLC was advised of the possibility of such damages.
This section does not limit your rights under applicable consumer protection law, including your right to a refund or replacement for a product that is proven to have a manufacturing defect.
PRODUCT INSERTS
Certain products, including dog wheelchairs and mobility carts, include a physical product safety and usage guide in the packaging. You agree that you will read this guide in its entirety before first use of the product. By using the product, you acknowledge that you have read and understood the guide and accept the terms and conditions stated within it.
