TERMS AND CONDITIONS OF USE

Last Updated: 6 October 2025

These Terms and Conditions (“Terms”) govern your access to and use of www.winkula.com (the “Site”) and your purchase or use of Winkula Cat Pro red light therapy products (the “Products”), owned and operated by Winkula (“Winkula,” “we,” “us,” or “our”).

By accessing our Site or purchasing our Products, you agree to be bound by these Terms and all applicable Canadian laws.
If you do not agree, you must discontinue using the Site and refrain from purchasing our Products.

These Terms comply with federal and provincial consumer protection legislation, including the Competition Act, Personal Information Protection and Electronic Documents Act (PIPEDA), provincial Sale of Goods Acts, and Consumer Protection Acts (including Québec’s Loi sur la protection du consommateur).

1. Eligibility

By using this Site or purchasing Winkula Cat Pro Products, you represent and warrant that you:

Are at least 18 years old (or the age of majority in your province or territory)

Have legal capacity to enter into a binding agreement

Will use the Products only for personal, lawful purposes

Are purchasing for yourself or as a gift for another pet owner

Reside in Canada, or are purchasing for delivery within Canada

2. Product Information and Intended Use

Winkula Cat Pro devices are designed to deliver red and near-infrared light therapy to support feline comfort, mobility, and general wellness.

Important Limitations:

The Products are not medical devices and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

They do not replace professional veterinary care.

Always consult a licensed veterinarian before beginning any new therapy or wellness program, especially for cats with medical conditions or those taking medication.

3. Health and Safety Disclaimers

3.1 No Veterinary Advice

Information provided on the Site—including product descriptions, educational articles, or testimonials—is for informational purposes only and does not constitute veterinary or medical advice.

3.2 Assumption of Risk

By using the Products, you understand and agree that:

Individual results vary depending on your cat’s age, health, and usage consistency

No specific results are guaranteed

You are responsible for consulting your veterinarian before use

Proper use according to the instructions is required

You assume all risks associated with your cat’s use of the Products

You will discontinue use and consult a veterinarian if your cat experiences any adverse reaction

3.3 Contraindications

Do not use Winkula Cat Pro on cats with:

Active cancer or tumors (unless approved by a veterinarian)

Open wounds or active infections

Known light sensitivity conditions

Consult your veterinarian before use if your cat is pregnant, nursing, or under immunosuppressive medication.

4. Your Consumer Rights (Canadian Law)

Under Canadian law, you have the right to receive goods that are as described, of merchantable quality, and fit for their intended purpose.

4.1 Right to Goods as Described

Products must:

Match their online description

Be of satisfactory quality and safe for ordinary use

Be fit for their stated purpose

If your Products do not meet these requirements, you may be entitled to repair, replacement, or refund, as required by provincial law.

4.2 Right to Cancel (Cooling-Off Period)

If you purchased online, you may cancel your order within 14 days of receiving the Products, for any reason.

To cancel:

Notify us in writing at contact@winkula.com within 14 days of delivery

Return Products within 14 days of your notice

Products must be unused and in original condition

You are responsible for return shipping unless the Product was defective

Exceptions:
Digital products (including your free digital gifts such as the portrait and the guide) cannot be returned once accessed or downloaded.

Refunds will be processed within 14 days of receiving returned goods.

4.3 Defective or Misdescribed Products

If a Product is defective or misdescribed, you may be eligible for a repair, replacement, or refund, depending on when the issue is reported, in accordance with the Sale of Goods Act or Consumer Protection Act in your province.

5. 30-Day Money-Back Guarantee

In addition to your legal rights, Winkula offers a 30-Day Satisfaction Guarantee:
If you are not completely satisfied with your Product, return it within 30 days of delivery for a full refund.

Conditions:

You must have used the Product as directed for at least 30 days

The Product must be returned in working condition

You cover return shipping costs

Digital gifts remain yours to keep

Refunds are processed within 14 days of receiving your returned item.

6. Limitation of Liability

6.1 What We Do Not Exclude

We do not exclude or limit our liability for:

Death or personal injury caused by our negligence

Fraud or fraudulent misrepresentation

Breach of your statutory consumer rights

Any other liability that cannot be limited by law

6.2 What We Limit

To the fullest extent permitted by law, we are not liable for any indirect, incidental, or consequential damages, including:

Loss of income, business, or profits

Veterinary expenses unrelated to product defects

Emotional distress or inconvenience

Our total liability shall not exceed the purchase price of the Product in question.

6.3 Proper Use

This limitation applies only when the Product has been used as instructed and not altered or misused.

7. Indemnification

You agree to indemnify and hold harmless Winkula, its officers, employees, agents, and affiliates from any claims, losses, or damages arising from:

Misuse of the Products

Failure to follow usage instructions or veterinary advice

Violation of these Terms or any law

Negligent or intentional misconduct

8. Product Warranty

8.1 Manufacturer’s Warranty

Winkula warrants the Winkula Cat Pro device to be free from defects in materials and workmanship for 12 months from the purchase date.

Covers:

Manufacturing or assembly defects

Faulty components

Defective LED arrays

Excludes:

Misuse or neglect

Pet-related damage (scratching, chewing, dropping)

Normal wear and tear

Unauthorized modifications

To make a claim, email contact@winkula.com with proof of purchase and details of the defect.
We may repair, replace, or refund at our discretion.

8.2 Statutory Rights

This warranty is in addition to your legal rights under provincial consumer laws.

9. Pricing and Payment

All prices are in Canadian dollars (CAD) and include GST/HST and applicable provincial taxes.

Prices may change without notice but will not affect confirmed orders.

Payment must be made in full before dispatch.

We use secure third-party payment processors (e.g., Stripe, PayPal).

Failed payments will result in order cancellation.

10. Shipping and Delivery

10.1 Canada-Wide Delivery

Processing time: 1–2 business days

Estimated delivery: 10–15 business days, depending on province

10.2 Digital Gifts

Once you receive your physical Winkula product, we will email your 3 FREE GIFTS directly to your inbox: your Digital Watercolor Cat Portrait (ready to print), your "7 Natural Ways to Help Your Cat Move, Heal and Feel Better" PDF Guide and your Quick Start Guide.

10.3 Risk and Title

Risk passes upon delivery

Ownership transfers upon delivery
We are not responsible for delays due to:

Incorrect address provided

Carrier delays

Weather, customs, or force majeure

10.4 Non-Delivery

If your order hasn’t arrived within the estimated timeframe, contact contact@winkula.com.
We’ll investigate and either resend or refund your Product.

11. Intellectual Property

All Site content (text, images, videos, trademarks, software, and graphics) is owned by Winkula or its licensors and protected by Canadian and international copyright laws.

You may not:

Copy, reproduce, or distribute any content

Use trademarks or branding without authorization

Reverse-engineer or data-scrape the Site
You may print or view content for personal, non-commercial use only.

12. Prohibited Uses

You agree not to use the Site or Products to:

Violate any law or regulation

Infringe on others’ rights

Transmit malware or spam

Interfere with Site security

Collect data without consent

Resell Products without authorization

Harm, abuse, or exploit animals

We reserve the right to terminate or restrict access for violations.

13. User-Generated Content

By submitting testimonials, photos, or reviews, you:

Grant Winkula a non-exclusive, royalty-free, perpetual license to use your content for marketing purposes

Confirm you own all rights to the content

Consent to the use of your first name and province with your testimonial

We may edit or remove content at our discretion.

14. Privacy and Data Protection

Your personal data is handled according to our [Privacy Policy], which complies with PIPEDA and relevant provincial privacy laws (including Québec’s Law 25).

15. Third-Party Links

Our Site may contain links to external websites.
We are not responsible for the content, accuracy, or privacy practices of these third-party sites.

16. Termination

We may suspend or terminate your access to the Site or cancel orders if you:

Violate these Terms

Engage in fraud or misuse

Harass staff or misuse Products

Termination does not affect your rights regarding prior purchases.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of the Province of Ontario and the laws of Canada.

If you are a resident of Québec, these Terms are governed by Québec law, and any dispute shall be heard in Québec courts.

18. Optional Arbitration Clause

For faster and less formal resolution, you and Winkula may mutually agree to submit disputes to binding arbitration under the Arbitration Act, 1991 (Ontario) or equivalent provincial legislation.
Participation is voluntary for consumers, and you may always choose to resolve disputes through your provincial court.

19. Force Majeure

We are not liable for delays or failures caused by events beyond our control, including natural disasters, wars, strikes, supply chain interruptions, or government restrictions.

20. Severability

If any provision is found invalid or unenforceable, the remainder of these Terms remains in full effect.

21. Waiver

Failure to enforce any right or term does not constitute a waiver.
Any waiver must be in writing and signed by Winkula.

22. Entire Agreement

These Terms, together with our Privacy Policy and any referenced documents, form the entire agreement between you and Winkula.

23. Assignment

You may not assign your rights under these Terms without our consent.
We may assign our rights in connection with a merger, acquisition, or sale of assets.

24. Notices

Email: contact@winkula.com
We will communicate with you at the email address provided at checkout or registration.

25. Language

These Terms are available in English.
If translated, the English version shall prevail in case of discrepancies.

26. Updates to These Terms

We may revise these Terms periodically.
The “Last Updated” date reflects the latest version.
If changes are material, we will notify users via the Site or email.
Continued use after notice constitutes acceptance of the revised Terms.

27. Contact Information

Customer Service: contact@winkula.com
Legal Inquiries: contact@winkula.com

We respond to all inquiries within 2 business days.
Your statutory rights remain unaffected.

© 2025 Winkula Cat Pro. All Rights Reserved.