Terms of service
Our website, customreptilehabitats.com, is owned and operated by Worldwide Brands Direct, LLC, an Ohio limited liability company. Throughout these Terms, the terms “we,” “us,” and “our” refer to Worldwide Brands Direct, LLC. We offer access to the website, which includes all subsites, information, photos, videos, tools, purchases of goods, purchases of services, and all other items available from this website (“Products and Services”), to you, the user, (referred to as “you” or “your”) conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. If your access or use of our website on behalf of a business, trust, partnership, or other legal entity, then: “you” and “your” shall include you, personally, and that business, trust, partnership, or other legal entity; you represent and warrant that you, personally, are an authorized representative of the business, trust, partnership, or other legal entity with the authority to bind the business, trust, partnership, or other legal entity to these Terms and that you agree to these Terms on the business, trust, partnership, or other legal entity’s behalf; and the business, trust, partnership, or other legal entity is legally and financially responsible for your access or use of the website as well as for the access or use of your account by others affiliated with your business, trust, partnership, or other legal entity including, but not limited to any employees, agents or contractors.
By accessing or using the website or purchasing Products or Services, you agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to everyone that uses or accesses the website. Please read these Terms carefully before accessing or using our website.
We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.
BY ACCESSING AND/OR USING THE WORLDWIDE BRANDS DIRECT, LLC WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU:
- ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR YOUR PARENT OR LEGAL GUARDIAN HAS CONSENTED TO THESE TERMS AND CONDITIONS ON YOUR BEHALF;
- ARE AUTHORIZED TO BIND THE PARTY DESIGNATED HEREAFTER AS “YOU”;
- READ THESE TERMS ANDS CONDITIONS; and,
- AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS AND/OR USE OUR SERVICES.
READ THESE TERMS CAREFULLY
1. BINDING AGREEMENT. By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or country of residence. If you are under age eighteen (18), you may only use the website or make purchases with the consent of your parent or legal guardian, and your parent or legal guardian must agree to be bound by these Terms. The terms “you” and “your” include a minor’s parent or legal guardian. You may not use the website or make purchases for any illegal or unauthorized purpose nor may you, in the access or use the website or make purchases, that violate any laws in your jurisdiction. A breach or violation of any of the Terms may result in an immediate termination of your right to use the website or make purchases. We reserve the right to terminate your right to use the website or make purchases to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, lease, sell, resell, or exploit any portion of the website or your purchases without our express written permission. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2. PRODUCTS AND SERVICES. Certain Products and 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. 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, 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 Services and Products or Services pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer or sale for any Good or Service made on this site is void where prohibited.
3. PAYMENT TERMS. Payment in full is due before Services will be performed or Products will be manufactured and/or delivered unless payment terms are modified by us in writing. Unpaid balances, if any, shall accrue interest as a rate of one and one-half (1 ½%) per month, or the maximum permitted by law, whichever is greater, until paid. In the event you or your payment processor initiates a chargeback on any amount previously paid by you, you agree to pay us the entire balance due for any outstanding Fees, Products or Services delivered and/or performed, interest as stated herein calculated until the balance is paid in full or you return the Products undamaged, and a one hundred and fifty ($150.00) fee to cover our administrative expenses associated with the chargeback. 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. By providing us with your payment information, you authorize us to charge your payment account. You assume all risks of loss associated with your payment method, the transmission of your payment method to us, and the storage of your payment method by us.
4. 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 e‑mail 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.
5. SHIPPING POLICY. If a Product is in stock, it usually ships within 1 business day. Many of our Products are made to order and the approximate wait times are generally posted next to the Product. We do not guarantee delivery times. Shipping rates are calculated at checkout. Additional shipping, import, and export fees may apply depending on your order. You agree to pay all shipping, import, and export fees, including but not limited to brokerage fees, taxes, and duty charges. You also agree that it is your responsibility to make sure that your delivery address is correct, and that there will be someone there to receive your package and sign for it. Failure to do so may result in returned shipments and additional shipping costs that you will be responsible for.
6. REFUND POLICY. We will refund 100% of your purchase price, excluding shipping, import, export, and payment processing fees, if you are not 100% satisfied with your purchase, once received. To receive a refund, notify us within 30 days of the date that you received your order. Your refund will be processed after the Product you purchased is received by us and in good condition. Refunds may be delayed by your payment processor. If you received the wrong item, we apologize for the inconvenience, Please contact us for return instructions so we can we fix our mistake at no cost to you. Our refund and return policies do not apply to Custom Products or Services. Please inquire at the time of ordering for our refund policy on custom orders.
For order cancellations on enclosures, we allow 48 hours from the time your order was placed to notify us that you wish to cancel for a refund. After 48 hours, there is a 10% cancellation fee. For order cancellations on décor and other items other than enclosures, we allow 48 hours from the time your order was placed to notify us that you wish to cancel for a refund. After 48 hours, there is a 5% cancellation fee.
For custom orders, we reserve the right to charge you for Services performed prior to cancellation.
Returns
Should you not be 100% satisfied with your purchase, we will refund 100% of the purchase price within 30 days and, after receiving your returned order. If this is the case, please contact us for specific details on how to return your order to us so that we can provide you with the details, on how to safely return your order. PLEASE NOTE: RETURNS MUST BE APPROVED AND ASSIGNED A RETURN AUTHORIZATION NUMBER. This is so that we can receive and process your return, if a package does not have this number, it will be refused. Please note: all returns must be unused and received without damages.
Please note: refunds do not include the merchant (PayPal, Visa, Mastercard etc.) fees that are paid to the processor at the time the order was placed and therefore a 2.5% fee will be deducted from all refunds. Refunds may take up to 10 business days to process.
Missing Items: Please be sure to open and inspect your order as soon as it arrives to make sure there wasn't any damage and that there are not any missing parts. For missing parts, please contact us within 30 days so that we can replace anything that is missing from your order. Should anything be damaged, please see below.
We pack our products really well but in the unlikely event of damage to your order, please contact us as soon as possible for instructions. Every shipment is of course fully insured but for the insurance claim we will need:
- Photo of the shipping label.
- Photo (or photos) of the outside of the box showing any tears or visible damage.
- Photo (or photos) of the damage to the order.
Once received we will then file the claim and get your replacement part (or parts) shipped out to you as soon as possible. Please note: In the case of enclosures where you may have had a wait for your order to be made, we ship any replacement parts out as soon as possible and there is no wait time, as you have already ordered and received your order. Important: As there is a limited window of time for us to file an insurance damage claim, it is extremely important that you report any damage as soon as your order is received and no longer than 30 days after receiving your delivery. Claims that are not reported within the insurance coverage period may not be covered.
7. INTELLECTUAL PROPERTY. Except as specifically set forth herein, we retain all right, title, and interest, including all intellectual property rights, relating to, or embodied in the website and all content related thereto. You can only use our copyrights, trademarks, or service marks with our express and prior written permission. You grant us permission to use your name, likeness, and information about your use of the website or purchase of Products and Services in connection with our promotions, advertisements, offers, and other sponsored content that we may display, without any compensation to you.
8. PROHIBITED USES. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the website, Products or Services: (a) to propose, promote, or engage in 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, bully, antagonize, defraud, abuse, threaten, 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 or tracking code, including, but not limited to, Trojan horses, worms, time bombs, cancel bots, corrupted files, or tracking scripts that will or may be used in any way that will collect User data, affect the functionality or operation of the Service, affect the functionality or operation of any related website, linked websites, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any illegal obscene or immoral purpose; (j) if you are legally incompetent or do not agree to these Terms; (k) to reverse-engineer, modify, decompile, disassemble, translate, or otherwise attempt to derive or view source code from any part of the Services or systems operated by us; (l) to harvest or otherwise collect information about others, including e-mail addresses, without our express consent; (m) to interfere with another’s privacy, use, and enjoyment of the website or otherwise use the website in any manner that could damage, disable, overburden, impair, or otherwise interfere with or disrupt the website or any networks or systems connected to the website; (n) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet; (o) to attempt to gain unauthorized access to the website other accounts, computer systems connected to the website, or networks connected to the website, through password mining or any other means; (p) infringe upon or upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity); (q) falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded; or, (r) contribute any material that we deem objectionable, in our sole discretion. We reserve the right to terminate your use of the website or refuse to sell you Products or Services, without notice, for violating any of the prohibited uses.
9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. WE WARRANT THAT CUSTOM ENCLOSURES WILL BE FREE FROM MANUFACURING DEFECTS FOR A PERIOD OF TEN YEARS. WE AGREE TO REPAIR OR REPLACE, AT OUR OPTION, DURING THIS WARRANTY PERIOD. THIS WARRANTY DOES NOT INCLUDE WEAR AND TEAR ISSUES ARISING FROM THE USE OF OUR CUSTOM ENCLOSURES. We do NOT OFFER AND WE DO NOT MAKE ANY OTHER EXPRESS OR IMPLIED WARRANTIES. WE DO not warrant that your use of the website, PRODUCTS or services is lawful in any particular jurisdiction. except as expressly stated otherwise herein, the website, INFORMATION PROVIDE FOR THEREIN, PRODUCTS and Services are 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. ACTUAL COLORS OF PRODUCTS MAY DIFFER FROM COLORS VIEWED ON YOUR COMPUTER MONITOR. In no event shall we, our officers, members, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury (including but not limited to property damage, bodily injury, or death), loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, bodily injury, death, replacement costs, or any other damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the website, PRODUCTS or Services. under no circumstances whatsoever shall we be liable to you for monetary compensation in an amount greater than the amount you paid to us for PRODUCTS or services. Because some states or jurisdictions do not allow the exclusion or the 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. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
10. By accessing or using the website, PRODUCTS, or Services, you agree to indemnify, protect, defend and hold harmless us, our subsidiaries, affiliates and divisions, and their respective members, officers, employees, agents and representatives from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys' fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses arising from or connected with your use of the website, PRODUCTS, or services; any payment methods used by you; and any funding of your account.
11. THIRD-PARTY LINKS AND TOOLS. Certain content, products, and services available via our website may include materials from third parties. Third-party links on this website 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 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. 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 third-party tools. Any use by you of tools offered through the website 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.
12. If, at our request, you send submissions (for example, habitat designs) or without a request from us you send creative ideas, suggestions, proposals, plans, designs, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any submissions that you forward to us. We are and shall be under no obligation (1) to maintain any submissions in confidence; (2) to pay compensation for any submissions; or (3) to respond to any submissions. You agree that your submissions 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 submissions will not contain any computer virus or other malware that could in any way affect the operation of the website.
13. In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
14. Your obligations and liabilities pursuant to these Terms shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
15. CHANGES TO TERMS OF SERVICE. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms 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 Services following the posting of any changes to these Terms constitutes acceptance of those changes.
16. Questions about the Terms should be sent to us at Custom Reptile Habitats (click here for contact information).
17. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION. We are not responsible if information made available on this website is not accurate, complete, or current. The material on this website 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 website is at your own risk. This website 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 website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
18. MODIFICATIONS TO THE SERVICE AND PRICES. Prices for our Products and Services are subject to change without notice. We reserve the right at any time to modify or discontinue the website, Products or Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the website, Products or Services.
19. Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click here: Privacy Policy
20. GOVERNING LAW. These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Ohio. You agree to submit any controversy arising from these Terms to the jurisdiction of the state and federal courts located in Montgomery County, Ohio. In the event litigation is initiated by us or you, and we prevail, you agree to pay our litigation and collection expenses, including, but not limited to court costs and attorney fees.
21. PROPOSITION 64 WARNING. Custom Reptile Habitats sells certain products that can expose you to chemicals listed on the Proposition 65 Chemical List that can be found at p65warnings.ca.gov/chemicals, which are known to the state of California to cause cancer and/or reproductive harm. For more information, go to www.P65Warnings.ca.gov. If you need information regarding Proposition 65 for a specific product, please let us know.
As a business decision, Custom Reptile Habitats. generally prefers to comply with Proposition 65 by providing warnings for its products where there may be detectable levels of trace amounts of any listed chemicals. The Proposition 65 warning does not mean the product is dangerous or unsafe for its intended use. The warning is simply designed to inform California residents of the presence of a listed chemical in the product prior to purchase or use.
22. UNFORSEEN DELAYS. Custom Reptile Habitats usually ships out orders as soon as possible and without delays however, with occasional supply chain interruptions, delays are sometimes possible unfortunately and are beyond our control. It is for this reason that we only advertise estimated ship dates or average ship times on our enclosures. We do update our current ship times on our Contact Us page and we always can update our customers on their specific order via phone or email during the week (Monday to Friday 9 to 5pm EST).
23. In the even these Terms conflict with any other policy, these Terms shall govern.