Use of this website, and information distributed in conjunction with this website, is offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this website. Your use of this website, or of any content presented in any and all areas of the website, indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our puppy information, services, or website.
Cancelation Policy & Checkout Terms
On the final screen of our checkout process you will need to check the box agreeing to the terms of the sale prior to entering your credit card information.
Adult Size & Weight Estimates
We are providing estimated adult weights on all our dogs based on parents' size, breed history, litter size and age at 8 weeks. Please understand that when you are purchasing a mix breed dog, especially one between a larger breed and a smaller breed, the puppy has the possibility to take heavily after one parent. Sometimes when the puppy reaches adult size it may be smaller or larger than the estimates provided. If weight and size is a major concern, please stick with a small breed dog where both parents are under the weight you desire.
Hereditary And Congenital Disorders
Please understand that all puppies sold by Simply Southern Pups have been checked for the above disorders prior to leaving our facility. On top of the puppies being checked by the vet, the parents of the puppies have been checked to be free and clear of any disorders. By purchasing a small breed puppy you are putting yourself at risk for disorders such as knee failure, hip failure, and liver failure. Though this risk is minimal, we do want you to understand that small breed puppies can have disorders due to their small make-up. For this reason we provide a Health Gaurantee and offer pet insurance.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SIMPLY SOUTHERN PUPS, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE A SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO PREMIER PUPS IN THE TRANSACTION IN QUESTION OR IF NO TRANSACTION IS AT ISSUE, IN THE PRECEDING TWELVE (12) MONTHS.
Agreement to Mandatory Individual Arbitration
PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. INSTEAD OF SUING IN COURT, YOU AND SIMPLY SOUTHERN PUPS AGREE EXCLUSIVE MEANS OR RESOLVING ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE OR ANY APPLICABLE PRIVACY POLICY, YOUR USE OR INABILITY TO USE THE SITE, ANY PURCHASE MADE THROUGH THE SITE OR ANY CONTACT WITH PREMIER PUPS OR ITS EMPLOYEES, CONTRACTORS OR AFFILIATES OR OTHERWISE ARISING OUT OF YOUR RELATIONSHIP OR INTERACTION WITH SIMPLY SOUTHERN PUP, SHALL BE BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ON AN INDIVIDUAL BASIS. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SIMPLY SOUTHERN PUPS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION OR OTHER CLASS PROCEEDING. YOU AND SIMPLY SOUTHERN PUPS FURTHER AGREE AS FOLLOWS:
- This agreement to arbitrate is intended to be broadly interpreted, and includes, but is not limited to: (1) disputes and claims arising out of or relating to any aspect of the relationship between You and SIMPLY SOUTHERN PUPS, whether based in breach of contract, breach of any guarantees or warranties, tort, statute, fraud, misrepresentation or any other legal theory; (2) claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising); (3) claims that may arise after the termination of Your relationship with Simply Southern Pups; and (4) claims that are currently the subject of purported class action litigation in which You are not a member of a certified class.
- You and Simply Southern Pups hereby agree that the Federal Arbitration Act ("FAA") applies to any arbitration, and governs all questions of whether a dispute is subject to arbitration. Unless You and Simply Southern Pups agree otherwise in writing, arbitration shall be: (i) administered by the American Arbitration Association ("AAA"), pursuant to the Consumer Arbitration Rules then in effect (the "AAA's Rules"); and (ii) conducted by a single arbitrator who is licensed to practice law. The AAA's Rules can be found at www.adr.org. You can call AAA at 800-778-7879 to obtain more information.
- THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND Simply Southern PUPS ARE ENTITLED TO PURSUE ARBITRATION ONLY ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS YOU AND PURCHASER AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY'S CLAIMS WITH ANY OTHER PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
- You and Simply Southern Pups each are responsible for their respective costs relating to counsel, experts, and witnesses.
- This arbitration agreement does not preclude You or Simply Southern Pups from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against on a party's behalf. In addition, and notwithstanding the other provisions of this arbitration agreement, either party may bring an individual action in small claims court.
- If You or Simply Southern Pups fail to comply with this arbitration provision, said breaching party shall be liable for the costs and attorneys' fees incurred by the other party in enforcing compliance with the arbitration agreement.
- Unless the AAA arbitrator rules otherwise, all claims or counterclaims shall be resolved by the submission of documents only / desk arbitration (see R-29 of the AAA's Rules). Any party, however, may ask for a hearing. The arbitrator also may decide that a face-to-face hearing is necessary. Any hearing, however, that is not held by telephone, shall take place in Newberry, SC unless the AAA arbitrator decides otherwise.
- Small Claims Option: You may also litigate any Dispute in Small Claims Court in Newberry County in the State of South Carolina. if your claim meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court, fondly known as the Newberry County Magistrates Court, by clicking HERE
However, if you initiate a Small Claims case, you are responsible for all your court costs.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Simply Southern Pups (except for small-claims court actions) may be commenced only in the federal or state courts located in Newberry County, South Carolina. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Amendment to Terms of Use
Simply Southern Pups reserve the right, at our sole discretion, to change, modify or otherwise alter the Terms of Use at any time. You agree that we may modify the Terms of Use and such modifications shall be effective immediately upon posting. You agree to review these terms and conditions periodically to be aware of modifications. Continued access or use of the Site following such posting shall be deemed conclusive evidence of your acceptance of the modified Terms of Use except and to the extent prohibited by applicable state or federal law.