Terms of service

Last updated: September 12, 2026

Overview

This website is operated by When Dogs Fly. Throughout the site, the terms “we,” “us” and “our” refer to When Dogs Fly.

When Dogs Fly provides this website, including all information, tools, features, products and services available through it, conditioned upon your acceptance of these Terms of Service and the policies referenced in them.

By visiting our website, placing an order or otherwise using our services, you agree to be bound by these Terms of Service (“Terms”), together with any additional terms and policies referenced here or made available through the website.

These Terms apply to all users of the site, including browsers, customers and anyone who submits content through the site.

Please read these Terms carefully. If you do not agree with them, you should not use the website or purchase products through it.

We may add new features, products or services from time to time. Unless stated otherwise, they will also be subject to these Terms.

Our store is hosted by Shopify Inc., which provides the ecommerce platform we use to offer our products and services.

Section 1 - Online Store Terms

By using this site, you represent that you are at least the age of majority in your state, province or territory of residence, or that you are the age of majority and have authorized any minor dependants under your supervision to use this site.

You may not use our products, website or services for any unlawful or unauthorized purpose.

You must not violate applicable laws in connection with your use of the site, including intellectual property, privacy and consumer protection laws.

You must not transmit viruses, malware, destructive code or anything intended to interfere with the operation or security of the website.

A material breach of these Terms may result in suspension or termination of your access to the Service.

Section 2 - General Conditions

We reserve the right to refuse or cancel service, access or an order where reasonably necessary, including in cases involving suspected fraud, abuse, unlawful activity, inventory errors, pricing errors, violations of these Terms or circumstances beyond our reasonable control.

Your content, other than payment information, may be transferred over different networks and adapted to meet technical requirements of connecting networks or devices.

Payment information is handled through secure payment processors and is encrypted during transmission in accordance with the systems used by our payment providers.

You may not reproduce, duplicate, copy, sell, resell or commercially exploit any portion of the website or Service without our prior written permission, except as permitted by applicable law.

Headings in these Terms are included for convenience and do not affect their interpretation.

Section 3 - Accuracy, Completeness and Timeliness of Information

We make reasonable efforts to keep information on our website accurate and current.

However, website content may occasionally contain errors, omissions or information that becomes outdated.

General informational content on the site should not be treated as professional, legal, medical, financial or other specialized advice.

Historical information may remain available for reference.

We may modify or update website content at any time.

Nothing in this section limits any rights you may have under applicable consumer protection law regarding representations made about products, prices, orders or services.

Section 4 - Prices, Promotions and Changes to the Service

Product prices may change without notice.

The price applicable to an order is the price displayed and accepted at the time the order is placed, subject to correction of genuine pricing or technical errors as permitted by applicable law.

Prices are displayed in the currency identified on the website or at checkout.

Applicable taxes, shipping charges and other charges will be displayed or calculated at checkout where required.

Promotional codes, discounts and offers may be subject to additional conditions, expiration dates, product exclusions or usage limits.

Unless otherwise stated, promotional offers cannot be combined.

We may modify, suspend or discontinue products, website features or portions of the Service at any time.

Section 5 - Products and Product Information

Certain products may be available exclusively through our website.

Many When Dogs Fly products are made to order. Production does not begin until an order is placed.

We make reasonable efforts to accurately describe and display our products, including colours, sizing, materials and designs.

However, colours may appear differently depending on your screen, device and display settings.

Some products, including garment-dyed apparel, naturally have slight variations in colour, texture or finish. These characteristics are part of the manufacturing process and are not necessarily defects.

Product measurements are approximate. Customers are responsible for reviewing available product descriptions and size guides before ordering.

We may limit sales or quantities by customer, household, order, geographic region or jurisdiction where reasonably necessary.

We may discontinue products or product variants at any time.

Product availability is not guaranteed until an order has been accepted.

Nothing in these Terms limits any condition, warranty, right or remedy that cannot lawfully be excluded under applicable consumer protection law.

Section 6 - Orders, Billing and Payment

We reserve the right to accept, refuse or cancel an order where reasonably necessary.

This may include orders that:

Appear fraudulent or unauthorized
Contain obvious pricing or technical errors
Cannot be fulfilled because a product or variant is unavailable
Violate these Terms
Appear to be placed primarily for unauthorized resale
Cannot be shipped to the destination provided

If we cancel an order after payment has been collected, we will refund the applicable amount to the original payment method.

We may limit quantities purchased per person, household, payment method, billing address or shipping address.

You agree to provide accurate, current and complete information when placing an order, including your email address, shipping address and payment information.

You are responsible for reviewing your order before submitting it.

Payment must be authorized before an order can be fulfilled.

Your bank, credit card issuer or payment provider may apply additional terms, currency conversion charges or other fees. Those charges are controlled by your payment provider and not by When Dogs Fly.

Section 7 - Shipping and Delivery

Shipping availability, estimated production times, delivery estimates, shipping charges and other shipping information are described in our Shipping Policy and on applicable product and checkout pages.

Delivery dates are estimates unless we expressly state otherwise.

Delivery may be affected by carriers, weather, holidays, supply interruptions, incorrect addresses and other circumstances beyond our reasonable control.

Tracking information will be provided where available.

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

If an order is returned, delayed or undeliverable because an incorrect or incomplete address was supplied, additional shipping charges may apply where permitted by law.

Nothing in this section limits any statutory rights relating to delayed, undelivered or improperly supplied goods.

Section 8 - Returns, Refunds and Our Make It Right Guarantee

Every When Dogs Fly item is made to order, so we do not accept standard returns or exchanges for ordering the wrong size, ordering the wrong colour or changing your mind.

However, every eligible order is covered by our 30-Day Make It Right Guarantee.

If an item arrives:

Damaged
Defective
Different from what you ordered

For an eligible claim, we will offer either:

A full refund for the affected item, or
A replacement at no additional cost

The choice is yours.

We may ask for your order number, photographs and a brief description of the issue so we can verify and resolve the claim.

You do not need to return an affected item unless we specifically ask you to.

Additional details, including refund processing times, sale-item coverage and exclusions, are set out in our Returns & Refunds Policy:

whendogsfly.co/policies/refund-policy

Our Make It Right Guarantee is an additional store policy and does not limit any rights or remedies available to you under applicable law.

Section 9 - Custom Product Terms

When Dogs Fly may offer custom or personalized products that use photographs, images, names, text or other material supplied by a customer.

When you submit material for a custom product, you represent that:

You own the material or have permission to use it for the requested purpose
Our use of the material as requested by you will not infringe another person's copyright, trademark, privacy, publicity or other rights
The material does not contain unlawful, threatening, defamatory, hateful, sexually explicit or otherwise prohibited content
You have any consent reasonably required from people identifiable in submitted photographs or material

You retain ownership of photographs, images and other material you submit to us.

By submitting material for a custom product, you grant When Dogs Fly and the service providers involved in creating and fulfilling your order a limited, non-exclusive licence to reproduce, upload, transmit, crop, resize, adjust, transform and otherwise process that material as reasonably necessary to:

Create your requested custom artwork
Prepare and provide a proof or preview
Produce your product
Fulfil and deliver your order
Provide customer service relating to the order

Creating custom artwork may involve third-party design, image-processing, image-editing, artificial intelligence or generative AI tools and service providers. By submitting material for a custom product, you authorize us to upload and process that material using those tools and providers where reasonably necessary to create, prepare or fulfil your custom order.

These third-party providers may process submitted material on our behalf in accordance with their own systems, terms, privacy practices and our agreements with them, as applicable. Additional information about how personal information may be handled by service providers is available in our Privacy Policy.

We will not use your original submitted photographs in advertising, social media, testimonials or other promotional material without separate permission.

However, custom artwork created by or for When Dogs Fly from material you submit may be used by When Dogs Fly to showcase and promote our products and services, including in advertising, social media, website content, product listings, portfolio or gallery examples, email marketing and other promotional materials. By placing a custom order, you authorize this use of the resulting custom artwork.

This permission does not give us permission to publish your original photograph or other original submitted material unless you separately agree to that use.

Except for the material you submit and any rights you retain in it, When Dogs Fly retains all rights, title and interest in the underlying When Dogs Fly designs, layouts, graphics, templates, brand elements and custom artwork created by or for When Dogs Fly in connection with your order, to the extent those rights are protected by applicable law.

Purchasing a custom product does not transfer ownership of the artwork to you or grant you the right to reproduce, distribute, sell, license or commercially use the artwork separately from the physical product you purchased.

This does not restrict ordinary personal use, wearing, gifting or enjoyment of the finished product.

We may reject or cancel a custom order if submitted material violates these Terms, appears to infringe another person's rights or cannot reasonably be used to create the requested product.

If we provide a digital proof or preview and you approve it, we are not responsible for errors that were clearly visible in the approved proof, except where the finished product materially differs from what was approved or is otherwise damaged, defective or incorrect.

Screen previews are approximations. Minor differences in colour, positioning, scale and print appearance may occur as part of normal production.

Custom and personalized products remain covered by the applicable terms of our Make It Right Guarantee when they arrive damaged, defective, incorrectly produced or materially different from what was ordered or approved.

Section 10 - Optional Tools and Third-Party Services

We may provide access to third-party tools, services, integrations or applications.

These third-party services may operate under their own terms and privacy policies.

To the fullest extent permitted by law, we are not responsible for third-party services that we do not own or control.

Your use of an optional third-party service is at your discretion and may also be subject to the provider's terms.

Nothing in this section limits liability that cannot legally be excluded.

Section 11 - Third-Party Links

Our website may contain links to websites or services operated by third parties.

A link does not necessarily mean that we endorse, control or are affiliated with the third party.

We are not responsible for the content, availability, privacy practices or business practices of third-party websites we do not control.

Before purchasing from or providing information to a third party, you should review that party's applicable terms and policies.

Section 12 - Reviews, Feedback and Other Submissions

If you voluntarily submit a review, testimonial, suggestion, idea, comment, photograph or other material to us for publication or promotional use, you represent that you have the right to provide that material.

Unless otherwise agreed, you grant us a non-exclusive, worldwide, royalty-free licence to reproduce, publish, display, adapt and distribute content that you intentionally submit to us for review, testimonial or promotional purposes.

This section does not override the more limited licence that applies to photographs and other material submitted solely for fulfilment of a custom product under Section 9.

You must not submit content that:

Violates another person's rights
Is knowingly false or misleading
Is defamatory, threatening, abusive, discriminatory, obscene or unlawful
Contains malware or malicious code
Misrepresents your identity or relationship with another person or organization

We may moderate, decline to publish or remove submitted content where reasonably necessary.

We are not obligated to publish, compensate you for or respond to unsolicited submissions.

Section 13 - Intellectual Property

Unless otherwise indicated, the website and its original content, including designs, artwork, graphics, photographs, text, logos, branding, layouts and other materials, are owned by or licensed to When Dogs Fly and are protected by applicable intellectual property laws.

You may use the website for personal, non-commercial shopping and informational purposes.

You may not reproduce, copy, distribute, sell, modify, create unauthorized derivative works from or commercially exploit our protected content without permission.

Nothing in these Terms transfers ownership of When Dogs Fly intellectual property to you.

If you believe content on our website infringes your intellectual property rights, contact us at support@whendogsfly.co with enough information for us to review the concern.

Section 14 - Personal Information and Privacy

Our collection, use and disclosure of personal information are governed by our Privacy Policy:

whendogsfly.co/policies/privacy-policy

Information necessary to process orders may be shared with service providers involved in payment processing, production, shipping, analytics, ecommerce operation and other legitimate business functions as described in our Privacy Policy.

Section 15 - Errors, Inaccuracies and Omissions

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to:

Product descriptions
Pricing
Promotions
Shipping charges
Transit times
Availability
Product options
Other store information

We reserve the right to correct genuine errors and update information.

Where permitted by law, we may cancel an order affected by a material pricing, inventory or technical error. If payment has already been collected for a cancelled order, we will refund the applicable amount.

Nothing in this section permits us to avoid obligations arising from representations or consumer rights that cannot lawfully be excluded.

Section 16 - Prohibited Uses

You may not use the website, Service or its content:

For an unlawful purpose
To encourage or participate in unlawful acts
To violate applicable international, federal, provincial, state or local laws
To infringe our intellectual property rights or those of another person
To harass, threaten, abuse, defame or unlawfully discriminate against another person
To submit false, fraudulent or deliberately misleading information
To transmit malware, viruses or malicious code
To interfere with the operation or security of the website
To collect personal information about others without authorization
To spam, phish, scrape or use automated systems in a manner that materially interferes with the website
To impersonate another person
To attempt unauthorized access to accounts, systems or data
To circumvent security or access-control features
To use website content or product designs for unauthorized commercial exploitation

We may suspend or terminate access for violations of these restrictions.

Section 17 - Disclaimer of Warranties

This section applies only to the fullest extent permitted by applicable law.

Nothing in these Terms excludes, restricts or limits any condition, warranty, guarantee, right or remedy that cannot lawfully be excluded or limited.

Subject to those mandatory rights, we do not guarantee that:

The website will always be uninterrupted or available
The website will always be free from errors
Every website feature will remain available indefinitely
Information supplied by third parties will always be accurate
Every device, browser or third-party service will interact with the website without interruption

Except for warranties, guarantees and rights expressly provided by us or required by applicable law, the website and Service are provided on an “as is” and “as available” basis.

Our Returns & Refunds Policy and 30-Day Make It Right Guarantee remain expressly subject to their stated terms.

Nothing in this section limits any implied condition or warranty that applies and cannot legally be excluded under applicable consumer protection law.

Section 18 - Limitation of Liability

This section applies to the fullest extent permitted by applicable law.

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

Subject to that limitation, When Dogs Fly and our owners, directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors will not be liable for any indirect, incidental, special, exemplary, punitive or consequential loss or damage arising out of or relating to:

Your use of or inability to use the website
Delays or interruptions affecting the website
Third-party services
Loss of data
Loss of profits or revenue
Loss of business opportunity
Loss of anticipated savings
Unauthorized access caused by circumstances outside our reasonable control
Carrier delays or failures outside our reasonable control
Any other indirect or consequential loss

This exclusion applies regardless of whether the claim is based on contract, negligence, tort, strict liability or another legal theory and, where permitted by law, whether or not the possibility of the loss was foreseeable.

Except for claims based on rights, conditions, warranties or remedies that cannot lawfully be limited, to the fullest extent permitted by applicable law, our total aggregate liability for any claim relating to a product, order or transaction will not exceed the amount you actually paid to When Dogs Fly for the specific product, order or transaction giving rise to the claim.

Where a limitation or exclusion in this section cannot legally be applied as written, it will apply only to the maximum extent permitted by law.

Nothing in these Terms is intended to exclude or limit liability for:

Fraud or fraudulent misrepresentation
Wilful misconduct
Liability that applicable law expressly prohibits us from excluding or limiting
Any statutory consumer right or remedy that cannot be waived

Our liability under the 30-Day Make It Right Guarantee is governed by the terms of that guarantee and our Returns & Refunds Policy.

Section 19 - Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless When Dogs Fly and our owners, directors, officers, employees, affiliates, contractors and service providers from third-party claims, liabilities, damages and reasonable costs arising directly from:

Your material breach of these Terms
Your unlawful use of the website
Content or material you submit that infringes another person's rights
Your intentional misconduct
Your violation of applicable law

For custom products, this includes third-party claims arising from photographs, artwork, text or other material you supplied where you did not have the right or permission to authorize its use.

This section does not require you to indemnify us for losses caused by our own unlawful conduct or for any matter where indemnification is prohibited by law.

Section 20 - Events Beyond Our Reasonable Control

We will not be responsible for delay or failure to perform an obligation where the delay or failure results from circumstances beyond our reasonable control, except where applicable law provides otherwise.

These circumstances may include:

Natural disasters
Severe weather
Fire or flood
War, terrorism or civil unrest
Government action
Labour disruptions
Carrier interruptions
Power or telecommunications outages
Cyberattacks
Widespread internet outages
Epidemics or public-health emergencies
Supply-chain interruptions
Failure of third-party infrastructure we reasonably rely upon

If such an event materially affects an order, we may delay fulfilment, offer an alternative where appropriate or cancel and refund the affected order.

Section 21 - Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent legally permitted and, where necessary, severed from the Terms.

The remaining provisions will continue in effect.

Section 22 - Termination

These Terms remain effective while you use the website or Service.

You may stop using the Service at any time.

We may suspend or terminate your access if you materially violate these Terms, engage in fraud or unlawful conduct, abuse our systems or otherwise create a material risk to the website, our business or other users.

Termination does not affect rights, obligations or liabilities that arose before termination.

Sections that by their nature should survive termination will continue to apply, including provisions relating to intellectual property, limitation of liability, indemnification and governing law.

Section 23 - Entire Agreement and No Waiver

These Terms, together with policies and other terms expressly incorporated by reference, constitute the agreement between you and When Dogs Fly relating to your use of the website and purchases through it.

They supersede prior versions of these Terms relating to the same subject matter.

If we do not immediately exercise or enforce a right under these Terms, that does not waive the right.

Where applicable law requires an ambiguity in a consumer agreement to be interpreted in the consumer's favour, these Terms do not alter that requirement.

Section 24 - Governing Law and Jurisdiction

These Terms and any separate agreements through which we provide products or Services are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law principles to the extent those principles may lawfully be excluded.

Subject to any mandatory consumer protection right that gives you the right to bring a proceeding elsewhere, you and When Dogs Fly agree that the courts of the Province of Ontario, Canada will have jurisdiction over disputes arising from or relating to these Terms, the website, the Service or products purchased from When Dogs Fly.

Nothing in this section:

Waives any consumer right that cannot lawfully be waived
Prevents a consumer from bringing a claim elsewhere where applicable law gives them a mandatory right to do so
Requires arbitration of a consumer dispute
Limits any right or remedy available under applicable consumer protection legislation