Terms & Conditions (Terms of Service)

Last updated: December 8, 2025

1. Introduction

Welcome to K9Irby (“we,” “us,” “our”). These Terms & Conditions govern your use of K9Irby.com, including all purchases, accounts, gift cards, loyalty points, custom orders, consignment services, and related offerings.

By accessing our websites, making a purchase, or creating an account, you agree to be bound by these Terms. If you do not agree, please do not use our websites.

2. Liability

Assumption of Risk: You understand and acknowledge that the use of the Product carries inherent risks, including but not limited to potential property damage, personal injury, or even death. You voluntarily assume all such risks associated with the use of the Product.
Release and Waiver: In consideration for purchasing and using the Product, you hereby release, discharge, and waive any and all claims, actions, liabilities, or demands that may arise against Kirby K9, its officers, employees, agents, and affiliates from any and all damages, injuries, losses, or expenses, including legal fees, whether direct or indirect, that may result from your use of the Product.
Indemnification: You agree to indemnify and hold harmless Kirby K9, its officers, employees, agents, and affiliates from any claims, actions, liabilities, or demands, including legal fees, arising from or related to your use of the Product or any violation of this agreement.
Compliance with Laws: You agree to use the Product in compliance with all applicable laws, regulations, and safety guidelines.
Severability: If any provision of this waiver is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Order cancellations or refund requests are subject to a 3.5% fee. By purchasing, or using the Product, you acknowledge that you have carefully read and understood this liability waiver, and you agree to be bound by its terms.

3. Eligibility

You must be at least 18 years old to make purchases, create an account, or participate in the consignment program.

By using the site, you confirm that:

All information you provide is accurate
You are legally able to enter into contracts
You will comply with all applicable laws

4. Account Registration

Creating an account allows you to:

Track orders
View order history
Redeem store credit
Accumulate loyalty points
Manage subscriptions (if applicable)

You are responsible for:

Maintaining the confidentiality of your login details
Any activity that occurs under your account

We reserve the right to suspend or delete accounts that violate these Terms or pose a security risk.

5. Product Information & Availability

We strive to accurately describe our products, but:

Colors may vary due to screen settings
Natural materials (rope, leather) may vary from item to item
Availability is not guaranteed
Prices are subject to change without notice

If a product is incorrectly priced or unavailable, we may cancel your order and issue a refund.

6. Made-to-Order & Custom Items

Many K9Irby products are handmade and/or custom-built.

By purchasing a custom or made-to-order item, you acknowledge that:

Production times vary
Minor variations from sample photos are normal
These products may not be eligible for standard returns (see Return Policy)

Import Tax: Purchases of bite suits or equipment from Demanet are imported from the factory in Spain and shipped directly to the receiving party. The receiving party is responsible for any, and all, taxes related to the import. Import tax is billed through the shipping company to the receiving party on behalf of the customer’s government.

7. Pricing & Payments

All prices are listed in USD.

We accept standard online payment methods such as:

Stripe
PayPal
Credit/debit cards
Gift cards and store credit

You authorize us to charge your selected payment method for all purchases.

We reserve the right to update prices at any time.

8. Order Processing & Shipping

Shipping times vary based on inventory, production, and destination.

You are responsible for:

Providing an accurate shipping address
Any customs duties, import taxes, or fees (international orders)

Once a package is shipped, we are not responsible for delays caused by carriers.

If a package is lost or damaged, please contact us so we can assist with carrier claims where possible.

9. Returns, Refunds & Exchanges

Returns and refunds are governed by our Return & Refund Policy, which is incorporated into these Terms.

Custom or made-to-order items may not be returnable.
Consignment items sold on the site are final sale.

10. Consignment Program

If you participate in our consignment program, you agree to the following:

A. Listing Period

Items are listed for 6 months from the date they appear on the website.

B. Price Adjustments After 6 Months

If your item has not sold after 6 months:

You agree to reduce the price by 10% each month until the item sells, OR
You may request the item returned at your expense.

C. Payment

You will receive store credit for the final sale price minus:

3.5% transaction fees
Actual shipping cost paid by K9Irby to the buyer

D. Item Ownership

By sending items to us, you confirm:

You are the lawful owner
Items are accurately described
Items are free from undisclosed defects

We may refuse items that do not meet our quality or authenticity standards.

Full consignment terms may be provided separately; both apply.

11. Loyalty Program & Store Credit

We may offer loyalty points or rewards for purchases and engagement.
Store credit may be issued for:

Consignment payouts
Returns (where applicable)
Promotions or customer service adjustments

Store credit:

Has no cash value
May only be used on our websites
Cannot be transferred to another user
Will remain active as long as your account exists

We may modify or discontinue the loyalty program at any time.

12. Prohibited Uses

You may not use the site to:

Violate any laws
Attempt to hack, disrupt, or bypass security
Access accounts that aren’t yours
Copy or resell website content
Misrepresent a consignment item
Engage in abusive or fraudulent behavior

We may restrict or terminate your access without prior notice for violations.

13. Intellectual Property

All website content—including text, images, product designs, logos, branding, and digital downloads—is owned by K9Irby and protected under copyright and trademark law.

You may not:

Reproduce
Distribute
Modify
Republish
Sell
Use product photos without permission

Except where explicitly authorized.

14. Limitation of Liability

To the maximum extent permitted by law:

Our products are sold “as is” without warranties beyond those required by law.
We are not liable for indirect or consequential damages (e.g., lost revenue, lost training time).
Our total liability for any claim will not exceed the amount paid for the product or service in question.

Use of canine training equipment carries inherent risk.
You assume full responsibility for the use or misuse of any products purchased from us.

15. Indemnification

You agree to indemnify and hold K9Irby harmless from claims, damages, and expenses arising from:

Your misuse of our products
Your violation of these Terms
Your breach of consignment agreements
Any claims related to your dog’s behavior, training, or injury

16. Termination

We may suspend or terminate accounts at our discretion for:

Fraudulent activity
Chargebacks
Policy violations
Abusive conduct

You may close your account at any time by contacting us.

17. Governing Law

These Terms are governed by the laws of the State of Missouri, without regard to conflict-of-law provisions.

Any disputes will be resolved in the courts of Howell County, Missouri unless otherwise required by law.

19. Changes to These Terms

We may update these Terms from time to time.
Changes become effective once posted.

Continued use of the website indicates acceptance of updated Terms.

20. Contact Us

For questions or concerns about these Terms:

Email: josh@k9irby.com

Mailing Address:

6552 Private Road 1601

West Plains, Mo, 65775

Phone: (214) 422 4045