TERMS AND CONDITIONS OF USE
Last Updated: July 2025
1. ACCEPTANCE OF TERMS
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "Customer," "you") and WINKULA. By accessing, browsing, or using the website www.winkula.com (the "Site") or purchasing any products, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE OR PURCHASE ANY PRODUCTS.
WINKULA reserves the right to modify, update, or change these Terms at any time without prior notice. Your continued use of the Site after any modifications constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
2. ELIGIBILITY AND USER REPRESENTATIONS
By using this Site, you represent and warrant that:
- You are at least 18 years of age
- You have the legal capacity to enter into binding contracts
- You are not prohibited by law from using our services
- All information you provide is accurate, current, and complete
- You will use the products only as intended for pet dental care
3. PRODUCT DESCRIPTION AND INTENDED USE
WINKULA sells ultrasonic dental cleaning devices and accessories designed for pet dental maintenance ("Products"). Our Products are intended for:
- Cosmetic cleaning of pet teeth
- Maintenance of pet oral hygiene
- Home use by pet owners
PRODUCTS ARE NOT INTENDED FOR:
- Medical treatment or diagnosis
- Professional veterinary procedures
- Use by children under 18
- Commercial or resale purposes
4. HEALTH AND SAFETY DISCLAIMERS
4.1 NO MEDICAL ADVICE
WINKULA DOES NOT PROVIDE MEDICAL OR VETERINARY ADVICE. Our Products, website content, and customer service are for informational purposes only and do not constitute professional veterinary advice, diagnosis, or treatment.
4.2 VETERINARY CONSULTATION REQUIRED
YOU MUST CONSULT WITH A LICENSED VETERINARIAN:
- Before using any Product on your pet
- If your pet shows signs of dental disease, pain, or discomfort
- If your pet has pre-existing health conditions
- If you have any questions about your pet's oral health
- Before making any decisions regarding your pet's medical care
4.3 ASSUMPTION OF RISK
BY PURCHASING AND USING OUR PRODUCTS, YOU ACKNOWLEDGE AND ASSUME ALL RISKS associated with their use, including but not limited to:
- Risk of injury to your pet
- Risk of worsening existing conditions
- Risk of allergic reactions or adverse effects
- Risk of improper use or technique
5. LIMITATION OF LIABILITY AND INDEMNIFICATION
5.1 LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
WINKULA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES arising from:
- Use or inability to use our Products
- Injury, harm, or death to any animal
- Veterinary bills or medical expenses
- Loss of income or profits
- Any other damages whatsoever
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT.
5.2 INDEMNIFICATION
You agree to indemnify, defend, and hold harmless WINKULA, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney fees) arising from:
- Your use or misuse of the Products
- Your violation of these Terms
- Your violation of any third-party rights
- Any injury or damage to any person or animal resulting from your use of the Products
6. PRODUCT WARRANTIES AND DISCLAIMERS
6.1 LIMITED WARRANTY
WINKULA warrants that Products will be free from defects in materials and workmanship for thirty (30) days from purchase date. This warranty is void if the Product has been damaged by accident, misuse, or normal wear and tear.
6.2 DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED ABOVE, ALL PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WINKULA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
- Warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Warranties arising from course of dealing or usage of trade
WE DO NOT WARRANT THAT:
- Products will meet your specific requirements
- Products will produce specific results
- The operation of Products will be uninterrupted or error-free
7. RETURNS AND REFUNDS
7.1 Return Policy
We offer a 30-day return policy from the date of purchase. To be eligible for return:
- Product must be unused and in original condition
- Product must be in original packaging with all accessories
- You must contact customer service before returning
- Return shipping costs are your responsibility unless the Product is defective
7.2 Refund Process
Upon receipt and inspection of returned Products, we will process refunds to the original payment method within 5-10 business days. We reserve the right to refuse returns that do not meet our return policy requirements.
7.3 No Exchanges
We do not offer product exchanges. If you want a different product, you must return the original and place a new order.
8. SHIPPING AND DELIVERY
8.1 Shipping Terms
- Processing time: 1-2 business days
- Delivery time: 7-10 business days (estimates only)
- Shipping costs are non-refundable
- Risk of loss passes to you upon delivery
8.2 Delivery Issues
Claims for missing or damaged shipments must be made within 30 days of estimated delivery date. We are not responsible for delays caused by shipping carriers or circumstances beyond our control.
9. PRICING AND PAYMENT
9.1 Pricing
All prices are in US dollars and include applicable taxes. Prices are subject to change without notice. We reserve the right to correct pricing errors.
9.2 Payment
Payment is processed by third-party payment processors. We do not store or have access to your payment information. By providing payment information, you authorize us to charge the total amount of your order.
9.3 Failed Payments
Orders with failed payments will be cancelled. We reserve the right to suspend accounts with multiple failed payment attempts.
10. INTELLECTUAL PROPERTY
10.1 Company Property
All content on this Site, including text, graphics, logos, images, software, and design, is the exclusive property of WINKULA or its licensors and is protected by US and international copyright, trademark, and other intellectual property laws.
10.2 Restrictions
You may not:
- Copy, reproduce, distribute, or create derivative works
- Reverse engineer or attempt to extract source code
- Use our trademarks or trade names without permission
- Remove or alter any proprietary notices
11. USER CONDUCT AND PROHIBITED USES
You agree not to:
- Use the Site for any unlawful purpose
- Violate any local, state, national, or international law
- Impersonate any person or entity
- Upload viruses or malicious code
- Interfere with the Site's operation
- Collect user information without permission
- Use automated systems to access the Site
12. PRIVACY POLICY
Our Privacy Policy, which describes how we collect, use, and protect your information, is incorporated into these Terms by reference. By using our Site, you consent to our privacy practices.
13. TERMINATION
13.1 Termination by You
You may stop using the Site at any time. Your obligations under these Terms will survive termination.
13.2 Termination by Us
We may terminate or suspend your access immediately, without prior notice, for any breach of these Terms or for any other reason at our sole discretion.
13.3 Effect of Termination
Upon termination, your right to use the Site ceases immediately. Sections relating to liability, indemnification, and dispute resolution will survive termination.
14. DISPUTE RESOLUTION
14.1 Governing Law
These Terms are governed by the laws of [STATE], without regard to conflict of law principles.
14.2 Jurisdiction and Venue
Any legal action arising out of these Terms must be filed in the state or federal courts located in [COUNTY, STATE]. You consent to the jurisdiction of such courts.
14.3 Limitation of Actions
Any claim must be brought within one (1) year after the cause of action arises, or such claim will be forever barred.
14.4 Class Action Waiver
YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION AGAINST WINKULA.
15. SEVERABILITY
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.
16. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and any other legal notices published on the Site, constitute the entire agreement between you and WINKULA.
17. FORCE MAJEURE
WINKULA shall not be liable for any failure to perform due to causes beyond our reasonable control, including acts of God, war, terrorism, epidemics, government regulations, disasters, or other unforeseeable circumstances.
18. NO WAIVER
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
19. CONTACT INFORMATION
For questions about these Terms, contact us at:
Email: contact@winkula.com
FINAL WARNING: BY USING THIS SITE AND OUR PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, INCLUDING ALL DISCLAIMERS AND LIMITATIONS OF LIABILITY, AND AGREE TO BE BOUND BY THEM.
