Terms of Service

Last updated: September 18, 2026

OVERVIEW

Welcome to Niko & Zoey!

The terms “we,” “us,” and “our” refer to NIKO AND ZOEY LLC, operating as Niko & Zoey (“Niko & Zoey”).

Niko & Zoey operates this store and website, including all related information, content, features, tools, products, marketing programs, email programs, SMS programs, promotions, and services in order to provide you, the customer, with a thoughtfully curated shopping experience (the “Services”).

Niko & Zoey is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you access, browse, subscribe to, interact with, purchase from, or otherwise use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas including warranty disclaimers, limitations of liability, marketing communications, promotional offers, and SMS messaging terms.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service, our Privacy Policy, Return & Refund Policy, Shipping Policy, the SMS messaging provisions included in these Terms, and any other policies posted on our website.

If you do not agree to these Terms or our policies, you should not use or access the Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have provided consent for any minor dependents to use the Services through devices that you own or manage where permitted by law.

To use certain Services, including purchasing products, creating an account, subscribing to email or SMS marketing, participating in promotions, or contacting customer service, you may be asked to provide certain information.

This information may include your:

• First and last name

• Email address

• Mobile phone number

• Billing address

• Shipping address

• Payment information

• Account information

You represent and warrant that all information you provide is accurate, current, and complete and that you have the right to provide such information.

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring through your account.

You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to accurately display and describe our products.

However, product colors, fabric appearance, texture, dimensions, finishes, cushioning, and other visual details may appear differently depending on your device, screen settings, lighting, photography, or other factors.

Because many Niko & Zoey products include fabric and textile materials, slight variations in color, texture, weave, or appearance may occur.

We do not warrant that the appearance, color, texture, feel, firmness, or other characteristics of products purchased through the Services will appear exactly the same as displayed on your screen.

All product descriptions, specifications, prices, designs, colors, sizes, and availability are subject to change without notice at our discretion.

We reserve the right to discontinue any product at any time and may limit quantities available to any individual, household, geographic area, or jurisdiction.

Certain product features, including materials, washability, water resistance, orthopedic support, durability, or other performance characteristics, apply only where specifically stated in the applicable product description.

Customers should review all product descriptions, care instructions, sizing information, and specifications before purchasing.

SECTION 3 – ORDERS

When you place an order through Niko & Zoey, you are making an offer to purchase the products in your order.

We reserve the right to accept, reject, limit, or cancel an order for any lawful reason.

Your order is not considered accepted until we have processed payment and confirmed the order.

Please review your order carefully before submitting it.

Once an order enters processing or fulfillment, we may be unable to accommodate cancellation or modification requests.

If we cancel, decline, modify, or otherwise experience an issue with your order, we may attempt to notify you using the email address, billing information, or phone number provided during checkout.

Purchases are subject to our Return & Refund Policy and Shipping Policy.

You represent that products purchased through the Services are intended for personal or household use and not for unauthorized commercial resale or export.

SECTION 4 – PRICES, BILLING, AND PAYMENT

Prices, discounts, promotions, and product availability are subject to change without notice.

The price charged for a product will generally be the price displayed at the time the order is submitted, subject to correction of errors.

Unless otherwise stated, posted prices may not include applicable taxes, shipping, handling, customs duties, import fees, or other charges.

We may offer promotions, discounts, email-exclusive offers, SMS-exclusive offers, bundles, free-shipping promotions, or other incentives.

These promotions may be governed by additional terms.

Unless expressly stated otherwise, promotional offers may not be combined.

You agree to provide current, complete, and accurate payment, billing, and account information for purchases.

You represent and warrant that:

1. Payment information you provide is accurate and complete.

2. You are authorized to use the payment method provided.

3. Charges associated with your purchase will be honored by your payment provider.

4. You will pay all applicable charges associated with your purchase.

SECTION 5 – SHIPPING AND DELIVERY

Delivery dates and transit times provided through the Services are estimates only and are not guaranteed unless expressly stated otherwise.

We are not responsible for delays caused by:

• Shipping carriers

• Weather

• Natural disasters

• Customs

• Address errors

• Carrier disruptions

• Labor disruptions

• Events beyond our reasonable control

Shipping rates, free-shipping offers, geographic restrictions, processing times, and other delivery information may be described in our Shipping Policy and may be updated from time to time.

Customers are responsible for providing a complete and accurate shipping address.

Additional shipping fees may apply when a package must be reshipped because an incorrect or incomplete address was provided.

SECTION 6 – RETURNS AND REFUNDS

Returns, refunds, and exchanges are governed by our Return & Refund Policy.

Unless otherwise stated in that policy, returned products must meet all applicable eligibility requirements.

Pet beds and related products may be ineligible for return if they have been used, damaged, stained, exposed to pet hair or odors, or otherwise altered after delivery.

Please review our current Return & Refund Policy before making a purchase.

SECTION 7 – INTELLECTUAL PROPERTY

The Services, including without limitation all:

• Brand names

• Trademarks

• Logos

• Text

• Photography

• Graphics

• Product designs

• Videos

• Audio

• Layouts

• Website designs

• Marketing materials

• Product reviews and content

are owned by or licensed to Niko & Zoey and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

You may not reproduce, distribute, modify, publish, display, transmit, copy, sell, exploit, or create derivative works from our content without prior written permission.

The names Niko & Zoey, associated logos, product names, designs, slogans, and other brand elements may be trademarks or other protected intellectual property of Niko & Zoey.

Shopify's trademarks and other third-party trademarks remain the property of their respective owners.

SECTION 8 – OPTIONAL TOOLS

We may provide access to tools or functionality offered by third-party service providers.

We do not necessarily control or monitor these third-party services.

Access to third-party tools may be provided “as is” and “as available.”

Your use of third-party tools is at your own discretion and may also be governed by the third party's own terms and policies.

We may introduce additional features, tools, or resources in the future, which will also be considered part of the Services and subject to these Terms.

SECTION 9 – THIRD-PARTY LINKS

The Services may contain links to websites, services, social networks, or platforms operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, security, or practices of third-party websites.

If you access third-party websites through our Services, you do so at your own discretion.

Please review the applicable third party's terms, policies, and privacy practices before engaging in transactions or providing personal information.

SECTION 10 – RELATIONSHIP WITH SHOPIFY

Niko & Zoey is powered by Shopify, which provides the ecommerce infrastructure that enables us to operate our online store.

Purchases made through our store are transactions between you and NIKO AND ZOEY LLC, not Shopify.

Shopify is not the seller of Niko & Zoey products.

By using the Services, you acknowledge that Shopify is not responsible for the products sold by Niko & Zoey or for claims arising directly from your purchase or use of our products, except as otherwise required by applicable law.

SECTION 11 – PRIVACY

Personal information collected through our Services is governed by our Privacy Policy.

Because our website is hosted through Shopify, Shopify may collect and process certain information concerning your access to and use of the Services.

We may also use Klaviyo and other service providers for email marketing, SMS marketing, customer communications, analytics, and related services.

Information we may collect includes:

• First and last name

• Email address

• Mobile phone number

• Billing and shipping information

• Order information

• Purchase history

• Website activity

• Browser and device information

• IP address

• Marketing preferences

• Communication preferences

This information may be used for:

• Order fulfillment

• Customer service

• Personalization

• Analytics

• Security

• Fraud prevention

• Marketing

• Email communications

• SMS communications

• Promotions

• Product announcements

• Business operations

We do not sell, rent, or share SMS opt-in consent or mobile subscriber information with unaffiliated third parties or affiliates for their own marketing purposes.

Please review our Privacy Policy for additional information.

SECTION 11A – EMAIL MARKETING

By voluntarily providing your email address through our website, signup forms, checkout, promotions, or other approved consent mechanisms, you may consent to receive marketing communications from Niko & Zoey.

Email communications may include:

• New product announcements

• Product launches

• Promotions and discounts

• Restock alerts

• Cart reminders

• Brand updates

• Pet-living content

• Rescue and impact updates

• Customer surveys

• Requests for reviews or feedback

You may unsubscribe from marketing emails at any time by clicking the unsubscribe link included in our marketing emails.

Unsubscribing from promotional email communications does not prevent us from sending transactional or service-related communications regarding orders, shipping, returns, account activity, or customer support.

SECTION 11B – SMS MARKETING PROGRAM

By providing your mobile phone number and affirmatively opting into SMS communications, you consent to receive recurring automated marketing and promotional text messages from Niko & Zoey at the phone number provided.

Messages may be sent using automated technology where permitted by law.

Consent is not a condition of purchase.

Message frequency varies.

Message and data rates may apply.

SMS messages may include:

• Product announcements

• New releases

• Exclusive promotions

• Discount offers

• Back-in-stock notifications

• Cart reminders

• Checkout reminders

• Limited-time offers

• Brand communications

• Other marketing messages

You may opt out of marketing SMS messages at any time by replying:

STOP

After replying STOP, you may receive a final confirmation message confirming your unsubscribe request.

For assistance, reply:

HELP

or contact:

info@nikoandzoey.com

You are not required to consent to SMS marketing to purchase products from Niko & Zoey.

We do not sell, rent, or share mobile numbers, SMS opt-in information, or SMS consent with unaffiliated third parties or affiliates for their own marketing or promotional purposes.

Information may be provided to vendors and service providers, including Klaviyo and telecommunications providers, to the extent necessary to operate and deliver our messaging program.

Mobile carriers are not responsible for delayed or undelivered messages.

Message delivery depends on effective transmission by wireless providers and is outside our control.

We may modify, suspend, or discontinue the SMS program subject to applicable law.

SECTION 12 – REVIEWS, PHOTOS, AND USER CONTENT

If you submit, upload, tag, publish, email, or otherwise provide us with reviews, photographs, videos, testimonials, suggestions, ideas, feedback, or other content (“User Content”), you represent that you have the necessary rights to provide such content.

Where permitted by law and subject to applicable permissions, you grant Niko & Zoey a non-exclusive, worldwide, royalty-free license to use, reproduce, display, publish, and distribute such User Content for purposes associated with operating and promoting our business.

This may include displaying customer reviews, photographs of pets using Niko & Zoey products, testimonials, or other submitted content on our website, social media, emails, and marketing materials.

You agree not to submit content that violates the rights of another person, including intellectual property, privacy, or publicity rights.

SECTION 13 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information provided through the Services may contain typographical errors, inaccuracies, or omissions.

These may relate to:

• Product descriptions

• Prices

• Promotions

• Discounts

• Shipping charges

• Transit times

• Product dimensions

• Colors

• Inventory availability

• Product specifications

We reserve the right to correct errors, update information, or cancel orders if information is inaccurate, including after an order has been submitted, where permitted by law.

SECTION 14 – PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services:

• For unlawful or fraudulent purposes.

• To violate applicable laws or regulations.

• To infringe intellectual property rights.

• To harass, abuse, defame, threaten, or harm another person.

• To transmit false or misleading information.

• To distribute malware, viruses, or harmful code.

• To engage in unauthorized scraping, data mining, or automated extraction.

• To collect personal information about others without authorization.

• To send spam, phishing messages, or other unauthorized solicitations.

• To impersonate another individual or organization.

• To interfere with the security or proper operation of the Services.

We reserve the right to suspend or terminate access where we reasonably believe these Terms have been violated.

SECTION 15 – TERMINATION

We may terminate or restrict your access to the Services if you violate these Terms or where otherwise permitted by law.

Termination does not eliminate obligations incurred before termination.

Provisions that by their nature should survive termination will continue to apply.

SECTION 16 – DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” EXCEPT WHERE EXPRESSLY WARRANTED OTHERWISE.

WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE.

TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 17 – PET PRODUCT USE AND SAFETY

Niko & Zoey products are intended to be used in accordance with the applicable product instructions.

Pet owners are responsible for supervising their pets and determining whether a product is suitable based on their pet's size, behavior, age, health, chewing habits, and individual needs.

No pet product is indestructible.

Customers should discontinue use of a product if it becomes significantly damaged, torn, or otherwise unsafe.

Any statements regarding comfort, support, or product performance are subject to the specifications and descriptions applicable to the individual product.

If you have concerns relating to your pet's medical, orthopedic, mobility, or other health needs, consult a qualified veterinarian.

Niko & Zoey does not provide veterinary or medical advice.

SECTION 18 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, NIKO & ZOEY, NIKO AND ZOEY LLC, OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND BUSINESS PARTNERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS.

THIS MAY INCLUDE LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, REPLACEMENT COSTS, OR OTHER SIMILAR DAMAGES.

Nothing in these Terms excludes liability that cannot legally be excluded under applicable law.

SECTION 19 – INDEMNIFICATION

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Niko & Zoey, NIKO AND ZOEY LLC, Shopify, and our respective affiliates, officers, employees, contractors, agents, licensors, and service providers from claims, damages, liabilities, losses, and reasonable legal fees arising from:

1. Your breach of these Terms.

2. Your violation of applicable law.

3. Your infringement of the rights of another person.

4. Your misuse of the Services.

SECTION 20 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law.

The remaining provisions will remain valid and enforceable.

SECTION 21 – WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and the policies incorporated by reference constitute the agreement governing your use of the Services and supersede prior or contemporaneous communications concerning the same subject matter.

SECTION 22 – ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations in connection with a merger, acquisition, restructuring, sale, or other business transaction, subject to applicable law.

SECTION 23 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services are governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to conflict-of-law principles.

To the extent permitted by applicable law, disputes relating to these Terms or the Services will be subject to the jurisdiction of the applicable state and federal courts located in North Carolina.

SECTION 24 – PROMOTIONAL OFFERS

Niko & Zoey may offer promotional discounts, free-shipping promotions, email offers, SMS offers, bundles, giveaways, referral promotions, introductory offers, and limited-time campaigns.

Promotional offers are subject to availability and any specific conditions communicated with the offer.

Unless otherwise stated:

• Promotional codes may not be combined.

• Promotions have no cash value.

• Promotions may be limited to one redemption per customer.

• Discounts may exclude certain products.

• Promotions may be modified or discontinued where permitted by law.

Participation in one promotion does not guarantee eligibility for future offers.

SECTION 25 – CHARITABLE GIVING AND IMPACT

Niko & Zoey may donate a portion of qualifying product sales to animal rescue or charitable organizations, including Piedmont Animal Rescue, as described on our website or in promotional materials.

Where a specific donation amount is advertised, the applicable terms and qualifying purchases will be described with the promotion or product.

Statements regarding donations, charitable partnerships, rescue activities, or impact are subject to the terms of the applicable partnership and may be updated as programs evolve.

Unless expressly stated otherwise, purchases from Niko & Zoey are not themselves charitable donations by the customer and may not be tax-deductible.

SECTION 26 – CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes in our:

• Services

• Products

• Business practices

• Technology

• Marketing programs

• Legal obligations

The current version of these Terms will be posted on our website.

Where required by law, we will provide appropriate notice of material changes.

Your continued use of the Services following an effective change constitutes acceptance of the updated Terms to the extent permitted by law.

SECTION 27 – CONTACT INFORMATION

Questions about these Terms of Service, customer service inquiries, shipping questions, return questions, SMS support, privacy matters, or general questions may be directed to:

NIKO AND ZOEY LLC
181 E Monbo Rd
Statesville, NC 28677
United States

Email: info@nikoandzoey.com
Website: https://nikoandzoey.com/