General terms and conditions

We don’t really like getting the lawyers involved because they have a habit of taking away all of our fun, but unfortunately for both your protection and ours, we need to be sure that at the end of the day we all agree on these important “adult” things. Yeah, we know it’s boring, but it’s a “necessary evil” these days, isn’t it?

This document is the general terms and conditions that apply to our website, and as boring as it is, it’s important to always read these things, so grab your beverage of choice, find a comfy spot, and off we go...

Table of contents:

Introduction
Account terms and regulations
Termination or suspension
User submissions
Accuracy and completeness of information
Intellectual property
Payments
Products and offer
Delivery
Returns, and the right of withdrawal
Limitation of liabilities
Privacy
General

This document was last updated on 2021-03-28.

Introduction
1. This document, and all other documents that we reference within, make up our General Terms and Conditions, referred to herein as both the “Terms”, and the “Agreement”.
2. The Terms are a legally binding contract between you and Gassy Cat:
  1. If you reside within the United Kingdom of Great Britain and Northern Ireland, this contract is between You and Gassy Cat Limited, registered in England and Wales with the company number 13091514, a wholly owned subsidiary of Gassy Cat SRL.
  2. If you reside in Belgium, a member state of the European Union, or any other country, this contract is between You and Gassy Cat SRL, registered in the Kingdom of Belgium with the enterprise number 0753.669.709.
  3. Gassy Cat SRL and its subsidiaries will be collectively referred to as “Gassy Cat” within this Agreement.
3. This Agreement has been prepared in English, and therefore the English version thereof shall prevail and be binding.
  1. This Agreement has been translated into other languages for convenience using a combination of machine and human translation, however the English language version shall always prevail and be binding in the event of any misunderstandings or inconsistencies.
  2. If the English version of this Agreement cannot be well understood by You, it is expected that You have taken all reasonable measures, at your own cost, to ensure that You have an accurate understanding of the English language version of this Agreement.
4. Gassy Cat operates and offers this website (also known in this document as "the Service"), including all information, tools and Services, to You, conditioned upon Your acceptance of all of the terms, conditions, policies, and notices stated within this Agreement, and all other associated documents referenced by this Agreement.
  1. This Agreement sets out the terms and conditions, including Your rights and responsibilities when You use the Owl & Bee^® website, or any other service or website provided by Gassy Cat; collectively referred to as our “Services”.
  2. Any new information, feature, service, or tool subsequently added to this website shall also be subject to this Agreement.
  3. By continuing to use any of our Services, including passive browsing or viewing of our websites, You are agreeing to this Agreement.
  4. Upon creation of a user Account (Your Account), or the placement of an order, You explicitly agree with and to be bound by this Agreement.
  5. If you do not agree to the Terms of this Agreement, You may not use our Services.
5. Gassy Cat reserves the right, at its sole discretion, to refuse service to anyone, for any reason, at any time.
6. You can review the most current version of this Agreement at any time on this page.
  1. Any new Agreement that replaces this Agreement automatically supersedes any prior or contemporaneous agreements between You and Gassy Cat, including but not limited to any prior versions of this Agreement.
7. The headings in this Agreement are included for convenience only, and will not limit or otherwise affect the interpretation of these Terms.
8. It is mutually agreed that legal contracts, such as this Agreement, are boring to read.
9. Gassy Cat reserves the right to update, change, or replace any part of this Agreement by posting updates and/or changes to our website.
  1. It remains Your responsibility to check this page periodically for changes.
  2. Your continued use of this website following the publication of changes to this Agreement constitutes your acceptance of those changes.
10. Additional terms and conditions provided by You are excluded and not applicable unless explicitly accepted in writing and in advance by Gassy Cat.
Account Terms and Regulations
1. To access some services available on this website, you must register an Account by providing your full legal name, a valid e-mail address, and any other information indicated as required.
  1. Providing false identification details, or attempting to mislead or obscure Your real identity, such as the use of a false name or e-mail address, will result in the immediate and automatic termination of this Agreement.
  2. Gassy Cat may reject Your application for an Account, or cancel an existing Account, for any reason, at its sole discretion.
2. You agree to provide a valid e-mail address that is under Your personal control.
  1. You grant Gassy Cat the right to use the e-mail address You provide upon opening Your Account, or any further e-mail addresses You may provide to Gassy Cat in the future, as the primary method for communication with You.
3. You acknowledge that Your Account is strictly personal to You, and cannot be transferred to another party.
4. You are solely responsible, at your own cost, for keeping access to Your Account strictly personal, under Your control, and secured by a strong password known only to You.
  1. Gassy Cat cannot and will not be held responsible or liable for any loss or damage from Your failure to maintain the security of Your Account and password.
5. You acknowledge that:
  1. You have attained the age of 18 years or older; or
  2. You are at least the age of majority in the jurisdiction where you reside and from which you access and use the Services offered by this website, the opening and operation of Your Account.
6. You are responsible for all activity and content, including but not limited to photos, images, videos, graphics, written content, audio files, code, information, or data that is uploaded, entered, transmitted or exhibited on or in connection with Your Account.
7. You may not use our Services for any illegal or unauthorised purpose, nor may you, in the use of our Services, violate any laws in Your jurisdiction, nor the jurisdiction of Gassy Cat, including but not limited to laws pertaining to copyright or intellectual property rights.
8. You must not transmit any worms, viruses, or any malicious code or software, or perform any activity of a destructive or otherwise detrimental or damaging impact to the Services provided by Gassy Cat.
  1. It is Your responsibility, at your own cost, to ensure that your computer systems used to access our Services are free of worms, viruses, or other malicious code or software that could cause harm to Gassy Cat or the Services that Gassy Cat provides, be those on this website or otherwise.
9. With the exception of sensitive information such as credit card numbers, you understand and agree that your content and submitted Materials may be periodically transferred unencrypted, and be subject to:
  1. Transmissions over various networks in the course of Gassy Cat providing or administering its Services; and
  2. Changes that would be necessary to conform to necessary technical requirements of connecting networks or devices.
  1. Payment information, including that pertaining to credit cards, is always encrypted, and will be handled in strict compliance with the expected regulatory requirements associated with payment processing in the jurisdictions applicable to Gassy Cat.
10. You may not use automated tools to retrieve or transmit, submit or otherwise interact with this website.
11. You may not scrape, crawl, spider, phish, spam, collect the personal information of other parties, or circumvent or interfere with the security or other operations of this website, its Services, or related websites or Services provided by Gassy Cat.
12. Gassy Cat reserves the right to terminate your Account and this Agreement at any time if it determines, at its sole discretion, that Your actions are on behalf of a dealer, reseller, retailer, wholesaler, distributor, or otherwise not an end customer, without an appropriate contract which authorises the use of this website and its Services in this manner.
  1. For the avoidance of doubt: transactions of a business-to-business nature, such as those not performed by an end customer, require a separate contract with Gassy Cat authorising transactions of this nature.
13. Any breach or violation of any of the Terms within this Agreement will result in an immediate termination of Your access to the Services.
Termination or Suspension
1. This Agreement remains effective until terminated by either You or Gassy Cat.
2. Gassy Cat may suspend or terminate your access to the Services if You are determined to be, in our sole discretion, in violation of the Terms of this Agreement, or any of our policies.
  1. Gassy Cat may also suspend or terminate your access to all or any part of the Services or Account at any time, with or without prior notice, with or without cause, effective immediately.
3. You may terminate this Agreement at any time by terminating your use of the Services.
  1. If you have opened or registered an Account, you must contact Gassy Cat to request the closure of Your Account, at which time the cessation of using our Services can then be construed as the termination of this Agreement.
  2. In the event of Your voluntary termination of this Agreement, continued use of the Services provided by Gassy Cat constitutes a renewed acceptance of the Terms within this Agreement, and this Agreement will again become binding.
4. Upon termination of this Agreement, for any reason, all rights and licenses granted to you by this Agreement will immediately terminate, and the provisions of these Terms that by their nature and context are intended to survive termination will survive.
  1. Any pending orders, subscriptions, and other obligations provided by the Service will be terminated with this Agreement.
  2. You will remain liable for any outstanding amounts due up to and including the date of termination.
  3. Gassy Cat will have no liability to you for any damages, losses, or other claims arising from the termination or suspension of your access to the Services of your Account.
User Submissions
1. You agree not to perform actions or submit, publish, post, upload, or otherwise transmit content to this website that:
  1. Is considered to be defamatory, vulgar, obscene, misleading, falsified, pornographic, sexually or verbally explicit, harassing, intimidating, threatening, gory, violent, libellous, discriminatory, homophobic, biphobic, heterosexist, transphobic, ageist, ableist, audist, classist, sexist, racist, abusive, offensive, or otherwise objectionable;
  2. Infringes on the any other party’s intellectual property rights;
  3. Exposes the personal details of another person, or otherwise violates their right to a private life (i.e. "doxing");
  4. Violates laws, rules, regulations, or ordinances within either the context of the jurisdictions within which Gassy Cat operates, or within Your jurisdiction;
  5. Incites or promotes illegal or violent activities; or
  6. Otherwise breaches the Terms of this Agreement.
2. Gassy Cat reserves the right, at its sole discretion, but without obligation, to edit, review, monitor, or remove the Materials that You submit or publish, transmit or otherwise submit to Gassy Cat that are deemed to be in violation of this Agreement.
3. Gassy Cat shall be under no obligation, except as required by law, to:
  1. Maintain any comments, reviews, or other Materials expected to be published publicly via the Service in confidence;
  2. To provide compensation or credits for any such Materials submitted to this website; or
  3. To respond to any comments submitted to this website.
4. You are solely responsible for the accuracy and completeness of all Material you submit to this website.
  1. Gassy Cat takes no responsibility and assumes no liability for any Materials submitted to this website by You or any third-party.
5. You may remove the Material that You have submitted to the website by contacting Gassy Cat to remove Your Account, in accordance with our privacy terms.
Accuracy and Completeness of Information
1. You agree to provide and maintain current and accurate purchase, payment, and account information for all purchases made on this website.
2. You agree to update Your Account data, payment, address, and other information in a timely manner, including but not limited to your e-mail address, payment details, credit card numbers, delivery and invoice addresses, changes of legal name, or tax and registration information required for regulatory or financial reasons.
  1. You agree that your contact information remains complete and up-to-date so that Gassy Cat can complete your transactions and/or contact you in the performance of its obligations towards You.
  2. You agree to verify and ensure all information is current, accurate, and complete prior to the submission of each and every order or request.
3. Gassy Cat strives to publish the most accurate information possible, however Gassy Cat cannot be held responsible if information, descriptions, images, photographs, pricing, promotions, shipping charges, transit times, product availability, or other Materials made available on this website are inaccurate, incomplete, contain typographical errors, or are not current.
  1. Any reliance on the Material on this website is at your own risk.
  2. All weights, sizes, and other measurements published on this website are approximate.
  3. While Gassy Cat endeavours to ensure that the colours of products in photography or other imagery on this website are accurate and representative, it is agreed that Gassy Cat cannot feasibly guarantee that the colour of any item on this website is accurately represented on any device used to view this website due to technical differences between devices and technologies involved in the capture, transmission, and display, and therefore cannot be held responsible for any discrepancies in this regard.
  4. All Material on this website is provided for general information purposes only, and should not be relied upon or used as the sole basis for making decisions without consulting primary, alternative, or otherwise more accurate, more complete, or more timely information sources.
  5. If a product offered by Gassy Cat is not as described or pictured, your sole remedy is to return it in an unused condition for a refund in accordance with our policy on refunds.
4. If Gassy Cat discovers an error during any stage of the order process, Gassy Cat reserves the right to correct any error and revise your order accordingly, or to cancel the order and provide You with a refund for any amount charged.
  1. This clause remains in effect even in the event that the order has been placed and confirmed, and the placement of an order as a customer does not implicitly or explicitly assure that the order has been accepted or can be processed.
Intellectual Property
1. Gassy Cat owns all intellectual property rights to this website, including all text, photographs, images, logos, and other Material published on it.
  1. The Owl & Bee^® logo is a trademark of Gassy Cat SRL, registered in Belgium with enterprise number 0753.669.709.
  2. Owl & Bee^® is a registered trademark of Alien Internet Services SRL, registered in Belgium with enterprise number 0842.513.195, and is used under exclusive license to Gassy Cat.
  3. These works are protected by worldwide copyright and intellectual property laws.
2. Gassy Cat grants You permission to temporarily download and utilise the Materials (information, text, images, or other material) on this website for personal, non-commercial transitory viewing only, such that it is made available in the performance of providing Services.
  1. This clause shall only be interpreted as the grant of a license and is not a transfer of title.
  2. Under this license, subject to the absence of prior and express written permission of Gassy Cat, you may not:
    1. Modify, copy, reproduce, duplicate, exploit, sell, or resell the Materials, or otherwise use the Materials for any commercial purpose, or for any commercial or non-commercial public display;
    2. Remove, conceal or obfuscate any copyright or other proprietary notations or indications from the Materials;
    3. Transfer the Materials to another party;
    4. Duplicate the Materials in any manner, including “mirroring” the Materials on another server; or
    5. Attempt to reverse engineer, decompile, or disassemble any software contained on the Gassy Cat websites.
  3. This Agreement shall terminate automatically and immediately if you violate any of these restrictions, and may be terminated by Gassy Cat at any time.
3. Gassy Cat claims no intellectual property rights over the Materials You submit or publish to this website.
  1. You retain ownership over all Materials that you upload or publish on this website, however you acknowledge and agree to allow Gassy Cat to store these Materials, and grant the right for other parties to view Materials that will be posted publicly (i.e., product reviews).
4. Upon termination of this Agreement, you must destroy any downloaded Materials in your possession, be they in electronic, printed, or other forms.
Payments
1. You agree to take all responsibility for providing accurate and updated payment information.
  1. You agree that upon submission of an order or other billable event, you have verified and affirm that the payment information provided is accurate.
  2. If applicable, you agree to maintain and keep updated any and all payment method information submitted for the purpose of recurring payments (i.e. subscriptions) or for the purposes of simplifying future payments of orders or other billable events.
2. Failure to provide accurate payment information may result in the cancellation of your order or service, and/or the closure of Your Account and the termination of this Agreement.
3. Unless otherwise agreed in writing, all amounts due to Gassy Cat must be prepaid prior to the supply of goods or services to You.
4. In the event that amounts due for the continuation of a subscription service cannot be automatically deducted using your payment method, and have not otherwise been paid by You by another means, Gassy Cat reserves the right to terminate Your subscription, and/or terminate Your Account and this Agreement.
5. Without prejudice to the exercise of any other rights granted to Gassy Cat, You must pay an annual interest of 10% (ten percent) of any unpaid and overdue balance in case of non-payment or late payment, by operation of law and without any formal notice of default being required.
  1. Furthermore, You have the obligation to pay a fixed compensation, by operation of law and without any formal notice of default being required, equalling 10% (ten percent) of the amount payable, with a minimum of €25 (twenty-five euros) per invoice.
  2. Without prejudice to the foregoing, Gassy Cat reserves the right to take back any products that were not fully paid for, even if those products have been partially paid.
6. You are liable for any and all customs, duties, import taxes, sales taxes, or other taxes levied by the jurisdiction in which you reside, and/or the jurisdiction to which the order is delivered, as applicable.
  1. You acknowledge that Gassy Cat has no control over these amounts or how they apply to your order, and that payment of these amounts is required in most circumstances in order to release the order (i.e. from customs) upon arrival in your jurisdiction.
  2. Should you refuse to pay these amounts to release your order, the order will subsequently be returned back to Gassy Cat and refunded.
  3. In the event of returned goods, you remain liable for any shipping, handling, reimportation, or restocking fees incurred by the order, and as such these fees incurred by Gassy Cat may be deducted from your refund.
  4. In the event that the cost to Gassy Cat of the returned goods is greater than the total of the payment made towards the order, You will be liable for these costs and will be invoiced accordingly.
Products and Offer
1. Gassy Cat reserves the right to change prices, specifications, descriptions, photographs, and other information pertaining to its products and services without prior notice, at any time.
2. Gassy Cat reserves the right to temporarily or permanently discontinue this website, or any product or service made available via this website, without prior notice, at any time.
3. Gassy Cat shall not be liable to you or any third-party for any modification, price change, suspension or discontinuation of this website, or any product or service made available via this website.
4. Gassy Cat reserves the right to limit the sales, availability, quantities of any products or services it offers to any party, geographic region, or jurisdiction, without prior notice, at any time.
5. Any offer for any product or service made on this website is void where such an offer would be prohibited.
6. Gassy Cat does not warrant that the quality or suitability of 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, with the exception of defective products as outlined under the return policy.
7. Gassy Cat reserves the right to terminate offers of promotional pricing, discounts, or other commercial incentives at any time without prior notice, be they applicable with or without a voucher code.
  1. The termination of the offer may apply to the entire website, or may be limited to a particular customer, subset of customers, jurisdiction, geographic area, or other grouping or classification, as deemed necessary by Gassy Cat.
8. The products and services supplied to You remain the exclusive property of Gassy Cat until such time as the order has been fully paid, and Gassy Cat has shipped or delivered the products or services.
Delivery
1. It is agreed that all delivery times published on the website are estimates.
2. Gassy Cat cannot be held responsible for delivery delays beyond our control, including but not limited to service strikes, weather conditions, natural disasters, environmental disasters, manmade disasters, fire, flood, disruption to marine, aeronautical or road traffic, epidemics, pandemics, zombies, invasion, war, riots, Canadian geese, civil unrest, routing errors, Emu uprising, customs delays, extraterrestrial activities or influence, terrorism or the threat of terrorism, locust swarms, the failure of public or private telecommunication networks, paranormal activity, public protests, coup d’ètat, or neglect on behalf of the courier company or its affiliates, associates, or subcontractors contracted for delivery.
Returns and the Right of Withdrawal
1. Under the conditions of the Right of Withdrawal, you are entitled to withdraw from this Agreement and return the products You have ordered within 14 (fourteen) days of the shipment date of Your order.
  1. The decision to enact this entitlement must be made by means of a clear statement, by requesting a Return Authorisation, either with contact with customer service, or using the tools available to request a Return Authorisation via the customer portal ("My Account") available on this website.
  2. You must return all products unused, unopened, undamaged, in the same condition as you received it, and in the original packaging.
  3. Products that are cosmetics, related to hygiene, skincare, personal care, sanitary goods, intimate goods, or perishable can only be eligible for a refund if they are sealed, unused, undamaged, and unopened, with the exception of defective products.
  4. Customised or personalised products, including gift cards and gift-wrapped orders, cannot be returned.
  5. If a replacement product is desired, and the product was not found to be defective, You must place a new order for that replacement product.
  6. Gassy Cat may extend the duration of this returns eligibility period on a case-by-case basis as a generous commercial gesture, however Gassy Cat is under no obligation to do so, and the conditions of the return and any anticipated compensation, if applicable, will be made explicitly clear during negotiation of that specific return scenario.
2. You are solely responsible for all direct costs, including shipping, customs, taxes, levies, and other fees incurred by returning the item(s) to Gassy Cat.
3. A Return Authorisation must be obtained from Gassy Cat prior to the return of the goods, which can be obtained by contacting customer service, or using the customer portal available on the website.
  1. The Return Authorisation will indicate precisely how, when, and where to send your items for return.
  2. Goods must be received by Gassy Cat within 14 (fourteen) days of the notification of the Return Authorisation.
  3. You are solely responsible to accurately follow the instructions provided by the Return Authorisation, and failure to do so may result in the Return Authorisation being voided.
  4. Gassy Cat is not responsible for the loss of returned items due to external problems, therefore it is recommended that You return the item with appropriate tracking, shipping insurance, or other precautions to cover the loss of the items.
4. All refunds or compensation for returned items are subject to approval by Gassy Cat, who has final and sole discretion as to whether or not to award compensation, and under which conditions the refund will be awarded, based on the state of the product returned.
  1. Gassy Cat will award complete compensation in the event that the returned product was found to be defective, to the total sum of the amount paid for the defective product.
  2. Gassy Cat will award complete compensation if the right of withdrawal was invoked within 14 (fourteen) days of the shipment of Your order, provided that the order has been returned within the required timeframe and under the conditions stipulated by this Agreement.
  3. All other refunds will be made solely at the express discretion of Gassy Cat.
5. Gassy Cat is not responsible for the time it takes for a refund to be made available to you at your financial institution.
6. Gassy Cat explains the return process on its website within the "Delivery and returns" page.
Limitation of Liabilities
1. You agree to indemnify, defend and hold harmless Gassy Cat, its parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, subcontractors, licensors, service providers, 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 this Agreement, the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
2. Gassy Cat does not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free, nor that the results obtained from this Service will be accurate or reliable.
3. You agree that periodically Gassy Cat may remove the Service for indefinite periods of time, or cancel the Service at any time, without notice to You.
4. You expressly agree that your ability or inability to use the Service is at your sole risk.
  1. The Service, this website, and all products and services offered and delivered to You through this Service are provided by Gassy Cat "as is" and "as available" for Your use, without any warranties, representation, or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except as otherwise expressly stated in this Agreement.
5. Gassy Cat is in no way responsible or liable for any harm or damages related to third-party websites not affiliated with Gassy Cat with which we may link to.
  1. Gassy Cat is not responsible for examining, monitoring, or evaluating the content or accuracy of third-party websites or materials, or for any other materials, products, or services of third-parties.
6. In no case shall Gassy Cat, its 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, this website, or any product or service procured using the Service, this website, or for any other claim related in any way to your use of the website 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 this website or any content (or product) posted, transmitted, or otherwise made available via this website, even if advised of their possibility.
  1. In jurisdictions which do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
Privacy
1. Your use of this website is subject to, and constitutes agreement with, our "Privacy policy" which is accessible at all times on this website.
General
1. It is mutually agreed that a failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
2. It is mutually agreed that electronic communications and backups can serve as proof.
3. This Agreement shall be binding upon both parties and shall not be assigned without the prior written consent of the other.
4. The performance and conditions of this Agreement shall be governed by the laws of the Kingdom of Belgium.
5. It is mutually agreed that the relevant courts of the Kingdom of Belgium shall have exclusive jurisdiction to settle any dispute or claim, including non-contractual disputes or claims, arising out of or in connection with this Agreement or its subject matter or formation.
6. If any part of this Agreement is found to be unenforceable or becomes invalid or illegal, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.
  1. If such a modification is not possible, the relevant provision or part-provision shall be deemed deleted from the Agreement.
  2. Any modification to, or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the remaining provisions set forth in this Agreement.
  3. It is mutually agreed that parties to this Agreement shall have no remedies in respect of any statement, representation, assurance or warranty, whether made innocently or negligently, that is not set out in this Agreement.
7. It is mutually agreed that parties to this Agreement shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
8. Questions regarding this Agreement should be addressed to Gassy Cat in writing, by email addressed to legal@gassycat.eu.
9. For all inquiries regarding privacy, confidentiality, data retention, the General Data Protection Regulation (GDPR), please review our "Privacy policy", otherwise you may contact the Data Protection Officer by telephone at +32 2 888 9940 or +44 20 3868 7000, or in writing, by e-mail addressed to dpo@gassycat.eu.
10. General questions, concerns, or complaints can be directed to Customer Service, which can be reached by telephone at +32 2 888 9940 or +44 20 3868 7000, or by e-mail addressed to sales@gassycat.eu.

End of document.