Terms of Service
OVERVIEW
Welcome to Apex Siberians! The terms “we”, “us” and “our” refer to Apex Siberians. We operate this website and storefront, including all related information, content, features, tools, and services (the “Services”). Our store is powered by Shopify.
These Terms of Service (“Terms”) govern your access to and use of the Services, including reservations and purchases of live animals (kittens/cats). By visiting, interacting with, or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
1. ACCESS AND ACCOUNT
You represent that you are the age of majority in your jurisdiction and have authority to enter into these Terms. You may be asked to provide information (e.g., email, billing, shipping, payment). You represent that such information is accurate and complete. You are solely responsible for safeguarding your account credentials and activity.
2. OUR PRODUCTS & LIVE-ANIMAL PLACEMENTS
We take care to describe and present our kittens accurately; however, colors, size, and appearance may vary due to lighting, device settings, and normal developmental changes. Descriptions, availability, and pricing are subject to change at any time. We may limit quantities or refuse service at our discretion.
Important: We place live animals into homes. As such, the rules in these Terms (and our Return & Refund Policy) differ from “boxed goods” policies.
3. ORDERS, RESERVATIONS & DEPOSITS
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Offer & Acceptance. When you place an order or reservation, you make an offer to purchase. We may accept or decline any order at our discretion. An order is accepted only after we confirm acceptance and process payment.
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Reservation Deposits. Deposits to reserve a kitten are non-refundable but applied to the purchase price, except where otherwise stated in our Return & Refund Policy.
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Cancellations. Once accepted, orders may not be cancelable, except as required by law or permitted in our Return & Refund Policy.
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Personal Use Only. Purchases are for personal/household use. No breeding rights are granted unless a separate, written breeding contract is executed by us (we generally do not offer breeding rights). Any resale or export for commercial purposes is prohibited.
4. PRICES, TAXES & BILLING
Prices are in U.S. dollars and may change without notice. Unless otherwise stated, prices exclude taxes, shipping/transport, permits, or import fees. You authorize us (or our processors) to charge the payment method you provide for all amounts due. You agree to keep payment information current and accurate.
5. SHIPPING, PICKUP & DELIVERY OF LIVE ANIMALS
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Method. Kittens are typically placed via in-person pickup, hand delivery, or approved pet courier. We will provide logistics and timing case-by-case. We do not guarantee delivery dates/times due to animal welfare, weather, airline, courier, or regulatory constraints.
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Risk of Loss. Risk of loss transfers upon physical handoff to you or your authorized agent/courier. You must inspect the kitten upon receipt and follow the health exam requirement in Section 7.
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Compliance. You are responsible for compliance with any local regulations, permits, or condo/HOA rules that may affect pet ownership.
6. INCLUDED WITH YOUR KITTEN
Each kitten is raised in our home and is:
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Backed by our 1-Year Health Guarantee for congenital defects;
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Examined by a licensed veterinarian and issued a Florida Health Certificate;
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Screened for/with: FELV/FIV/fecal testing per our veterinary protocol;
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TICA pedigree/breeder slip provided;
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Vaccinations & deworming up to age‐appropriate schedule as advised by our vet (rabies and feline leukemia vaccines are administered later by your vet);
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1-month Revolution (parasite prevention) application;
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30 days of complimentary Trupanion insurance (where available);
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Litter trained, socialized, and sent home with current food, probiotics, familiar scents, and favorite toys;
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Ongoing support and care guidance from Apex Siberians.
7. HEALTH GUARANTEE, VETERINARY EXAM & RETURNS
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Three-Day Exam Requirement. You must have the kitten examined by your licensed veterinarian within three (3) days of pickup/delivery. If your vet identifies a serious congenital or life-threatening health issue, you must notify us in writing within this period and provide the vet’s written findings.
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Remedies. Upon timely notice and return of the kitten, and confirmation by our veterinarian, you may exchange for another available kitten (by mutual agreement) or receive a refund of the purchase price minus the non-refundable deposit, processed within 30 days of the kitten’s return.
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Scope & Exclusions. Our guarantee does not cover routine kittenhood issues (e.g., minor GI upset, parasites treatable by standard veterinary care), injuries/illnesses occurring after transfer, or conditions caused by neglect, improper care, or exposure.
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Vaccines & Guarantee. Health guarantees are void if the kitten receives FELV or FIP vaccines, which we do not support due to risk/benefit considerations advised by our vet. (Always consult your veterinarian.)
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Declawing Prohibited. Declawing and tendonectomy are prohibited and void guarantees.
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Indoor-Only. Kittens are sold as indoor pets only; roaming outdoors voids guarantees.
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No Vet Bills Covered. We are not responsible for veterinary bills after transfer. If a congenital defect is verified pursuant to this Section, the remedies above apply.
See also our separate Return & Refund Policy (incorporated by reference) for operational details.
8. CARE, ALTERATION (SPAY/NEUTER) & OWNERSHIP TERMS
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Spay/Neuter Requirement. Unless otherwise agreed in writing by us, kittens are placed as pets only and must be spayed or neutered between 5.5 and 6 months of age, and no later than //____.
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You must provide written proof of alteration from your veterinarian (e.g., invoice or certificate) within one (1) month after that date.
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Failure to provide proof may result in an additional penalty payment of $________, due immediately, and may constitute a breach permitting legal/enforcement action.
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Care Standards. You agree to keep the kitten strictly indoors, provide proper nutrition, fresh water, safe shelter, and routine veterinary care, including immunizations/boosters as advised by your vet.
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Right of First Refusal (Rehoming). If you can no longer keep the cat for any reason, you must contact Apex Siberians first. We retain a right of first refusal to repurchase or assist in rehoming the cat at no more than the original purchase price you paid. The cat may not be abandoned, surrendered to a shelter, sold to a pet store, or given to any research facility.
9. RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Apex Siberians is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Apex Siberians. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Apex Siberians, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Apex Siberians.
10. PRIVACY
Personal information is handled per our Privacy Policy (and certain information per Shopify’s Privacy Policy). Because the Services are hosted by Shopify, some data is processed by Shopify and its providers to operate and improve the Services. See our Privacy Policy for details.
11. FEEDBACK
If you submit reviews, ideas, or suggestions, you grant us a worldwide, perpetual, sublicensable, royalty-free license to use and display that content for any lawful purpose. You represent you have the rights to submit it, that it is lawful, and you will not mislead or impersonate others.
12. ERRORS, INACCURACIES & OMISSIONS
We may correct errors (including pricing/availability), update information, or cancel orders where permitted by law, at any time without prior notice, including after an order is submitted.
13. PROHIBITED USES
You may not use the Services for any unlawful purpose or to violate the rights of others; upload malware; scrape or spam; interfere with security; misrepresent your identity; or otherwise misuse the Services. We may suspend or terminate access for violations.
14. TERMINATION
We may terminate or suspend access to the Services at any time. You remain responsible for amounts due through the date of termination. Sections intended to survive (including IP, Feedback, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver/Entire Agreement, Assignment, Governing Law) survive termination.
15. DISCLAIMER OF WARRANTIES
Except as expressly provided herein or in a written health guarantee, the Services and all products are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow disclaimers of implied warranties; in such cases, the foregoing may not apply to you to the extent prohibited by law.
16. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Apex Siberians (and our owners, employees, contractors, agents, partners, and suppliers) will not be liable for indirect, incidental, punitive, special, or consequential damages, or loss of profits, data, goodwill, or other intangible losses, arising from or related to your use of the Services or any product, even if advised of the possibility. Our total liability for any claim will not exceed the amount you paid for the product giving rise to the claim. Some jurisdictions do not allow limitations of liability; in such cases, limits apply to the maximum extent permitted.
17. INDEMNIFICATION
You agree to indemnify and hold harmless Apex Siberians and Shopify (and their respective affiliates, officers, directors, employees, agents, and service providers) from claims, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms or your misuse of the Services.
18. SEVERABILITY
If any provision is found unlawful or unenforceable, the remaining provisions remain in full force and effect to the maximum extent permitted.
19. WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right is not a waiver. These Terms (including policies incorporated by reference, such as our Return & Refund Policy and Privacy Policy) constitute the entire agreement between you and us regarding the Services and supersede prior understandings.
20. ASSIGNMENT
You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
21. GOVERNING LAW; VENUE
These Terms and any disputes will be governed by the laws of the State of Florida, without regard to conflict-of-law principles. Exclusive venue and jurisdiction lie in the state courts located in Volusia County, Florida, and you consent to personal jurisdiction there.
22. HEADINGS
Headings are for convenience only and do not affect interpretation.
23. CHANGES TO TERMS
We may update these Terms from time to time. The effective date will be posted with the updated Terms. Your continued use of the Services after any update constitutes acceptance.
Important Notices Specific to Live-Animal Sales
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EU “Cooling-Off”: We do not ship live animals to the EU. If laws in your jurisdiction provide rescission/cooling-off rights, live animal placements may be exempt from those provisions; where not exempt, the shortest lawful period applies and is subject to the health and welfare of the animal.
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Veterinary & Vaccine Guidance: We follow our veterinarians’ guidance. You should consult your veterinarian for individualized advice. Our guarantee terms (including FELV/FIP vaccine limitation) reflect our policy and may differ from your vet’s preferences.
Questions About This Policy?
If you have any questions about this policy or need clarification on any terms, please contact us for assistance.
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