Welcome to the terms and conditions ("Terms") for Barkmall Bark First. These Terms are between you and Furrytails limited and/or its affiliates ("Barkmall.com" or "Us") and govern our respective rights and obligations. Please note that your use of the Barkmall.com website and Bark First membership are also governed by the agreements listed and linked to below, as well as all other applicable terms, conditions, limitations, and requirements on the Barkmall.com website, all of which (as changed over time) are incorporated into these Terms. If you sign up for a Bark First membership, you accept these terms, conditions, limitations and requirements.
If you signed-up for your Bark First membership directly through us, you may cancel your Bark First membership any time by visiting Your Account and adjusting your membership settings. If you cancel within 3 business days of signing up for or converting from a free trial to a paid membership, we will refund your full membership fee; provided that we may charge you (or withhold from your refund) the value of Bark First benefits used by you and your account during this 3-business day period, if and where applicable. If you cancel at any other time, we will refund your full membership fee only if you and your account did not make any eligible purchases or take advantage of Bark First benefits since your latest Bark First membership charge. Bark First memberships redeemed through a Bark First gift code or promotional code are not refundable.
Shipping Benefits and Eligible Purchases
Bark First is an online delivery subscription service, giving you unlimited deliveries for 12 months for an annual fee for all orders that you place on Barkmall.com in accordance with these terms and conditions. Bark First only covers outbound delivery of online orders, it does not cover returns. For details of our returns policy for online orders see here.
Bark First shipping benefits depend upon inventory availability, order deadlines, and in some cases the shipping address. They are limited to certain products sold by Barkmall.com (or third-party sellers participating in Bark First) on the Barkmall.com website and to certain products on third-party websites that offer Bark First shipping benefits. Products eligible for Bark First will be designated as such on their product pages. Some special product, order, handling fees, and/or taxes may still apply to eligible purchases. If only some items in your order are eligible for Bark First, you will pay applicable shipping charges for the ineligible items. Changing or combining orders, or changing your shipping address, speed, or preferences might affect Bark First eligibility. Certain purchases may only be entitled to standard shipping because of their size, weight, and other shipping characteristics.
We may exclude products with special shipping characteristics at our discretion. The Bark First shipping benefits provides information about eligible items, shipping cost, shipping speed, and shipping destinations.
Bark First is for personal use only and is not available for business, re-sale or wholesale purposes. You hereby accept and acknowledge that: (i) you will only use Bark First for personal use; (ii) that your usage of the Bark First subscription service shall be fair, reasonable and proportionate to that of the average customer using the Bark First subscription service for personal use; and (iii) Barkmall may at its sole discretion suspend or terminate your subscription in the event that you are making excessive use of the Bark First subscription service including where a customer places high volumes of orders beyond what could reasonably be expected of the average customer using the Bark First subscription service for personal use.
Other Benefits and Supplemental Memberships
We may also offer Bark First members supplemental memberships, which are subject to these Terms, require you to be a Bark First member, and may have additional fees and terms. As used in these Terms, “Bark First” applies to all supplemental memberships.
- We reserve the right to accept or refuse membership in our discretion.
- We may send you email and other communications related to Bark First and your Bark First membership (regardless of any settings or preferences related to your Barkmall account).
- You may not transfer or assign your Bark First membership or any Bark First benefits, including promotion codes for Bark First memberships or benefits, except as allowed in these terms.
- Bark First members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using Bark First benefits.
- Some Bark First benefits may require certain purchase thresholds, have quantity or shipping address limitations, or require members to meet specified criteria in order to access them.
- From time to time, Barkmall may choose in its sole discretion to add or remove Bark First membership benefits.
Fees and Renewal
The membership fee for Bark First is stated in the Bark First section of our Customer Service pages. From time to time, we may offer different membership terms, and the fees for such membership may vary. The Bark First membership fee is non-refundable except as expressly set forth in these Terms. Taxes may apply on either or both of the membership fee and the reduced shipping charges for Bark First.
In order to subscribe to Bark First, you will need a registered Barkmall online account. You can sign up for this here. The start date of your Bark First subscription will be the date on which you purchased it, after which, it will expire 12 months after this date. Bark First does not automatically renew, meaning that once it has expired, should you wish to continue using Bark First, you will need to purchase another subscription. Your Bark First subscription is non-exchangeable and non-transferrable. It is not possible to upgrade or exchange one type of Bark First subscription service for another. If you sign up for your Bark First membership through us and are billed by us, then the billing terms described below will apply to your membership.
If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method promptly or your membership will be cancelled. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge.
Please see the Bark First shipping benefits for details of how much a Bark First subscription costs.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR BARK FIRST MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORISE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
If you signed up for your Bark First membership through a third party and are not billed directly by us, then the billing terms provided by the third party will apply to your membership.
Promotional Trial and Qualification-Based Memberships
We sometimes offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial members may at any time (through Your Account) choose not to continue to paid membership at the end of the trial period.
If you sign up for a qualification-based Bark First membership, you will receive certain Bark First benefits for the reduced rate specified in the Bark First section of our Customer Service page. To sign up for and use a qualification-based Bark First membership, you must meet the eligibility conditions described on the applicable enrolment page and provide any required documentation.
We may in our discretion change these Terms, Barkmall.com's Conditions of Use and Privacy Notice, or any aspect of Bark First membership, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
Termination by Us
We may terminate your Bark First membership at our discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Bark First membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN BARKMALL.COM'S CONDITIONS OF USE, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR BARK FIRST MEMBERSHIP.
It is your responsibility to ensure your use of Bark First is in accordance with these terms and conditions. Any breach of these terms and conditions by you will result in the termination of your subscription, for which, no refund will be given. Barkmall, in its sole discretion, reserves the right to accept or refuse any request to subscribe to Bark First.
By purchasing a Bark First subscription, you accept these terms and conditions, and you also accept that Barkmall will hold your data for performance analysis of Bark First. Further, you accept that we may contact you to provide you with recommendations and information about Bark First exclusive events and offers.
Any dispute or claim relating in any way to these Terms or your use of Bark First will be subject to the exclusive jurisdiction and forum of the Hong Kong SAR.
Last updated 3 November 2021