Terms & Conditions
These Terms and Conditions govern your use of the website accessed through pupsandpets.co.uk or pupspetsandponies.co.uk (the “Website”) and any orders you place through the Website.
Please read the Terms and Conditions carefully as they affect your liabilities under the law. By using the Website, you are deemed to accept the Terms and Conditions and, before proceeding with an order, you will be required to show that you have read and understood them by clicking on the “I accept” button at the end of these Terms and Conditions. Please note that you will be required to do this each and every time you place an order through the Website. If you do not agree to these Terms and Conditions, please do not register for use or use the Website. Please note that to purchase goods from the Website or to use or access certain areas of the Website, you will be required to register as an authorised user of the Website.
1. General
1.1 We reserve the right to change these Terms & Conditions at any time. Any such changes will take effect when posted on the Site and it is your responsibility to read the Terms & Conditions on each occasion you use the Site and your continued use of the Site shall signify your acceptance to be bound by the latest Terms & Conditions.
1.2 If you are not a consumer you confirm that you have authority to bind any business on whose behalf you use the Site.
2. Contract between you and us
2.1 You may place an order to purchase a Product advertised for sale on the Site by following the on screen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order.
2.2 After placing an order you will receive an order acknowledgement giving a summary of the Products you have ordered. Please note that this email is not an order confirmation or order acceptance from us. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an email which confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us and you will only be formed when the order is dispatched unless we do not accept your order or you have cancelled it.
2.3 The contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
2.4 We may be unable to process your order if the Product you ordered is out of stock or discontinued or there is a problem with authorisation of your payment.
3. Delivery
3.1 Delivery charges and estimated time scales are specified in the delivery option information selected by you when you place an order. We make every effort to deliver goods within the estimated time scales however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the Products within estimated time scales. Please see Delivery Information for details of where we deliver and the available delivery options.
4. Risk, price and payment
4.1 Once delivered or on the date of the first attempted delivery, the Products ordered will become your responsibility and except in relation to Products that are damaged or faulty when delivered or have been incorrectly delivered we will not accept any liability for their loss, damage or destruction after that date.
4.2 Ownership of the Products will only pass to you on delivery of the Products to you or after receiving full payment of all sums due in respect of the Products (including delivery charges) whichever is the later.
4.3 The price (which will be shown in £s sterling) of any Products will be quoted on the Site from time to time, except in cases of obvious error.
4.4 These prices include VAT but exclude delivery costs, which will be added to the total amount due once you have selected a delivery service from the available options as set out in the Delivery Information.
4.5 Online prices may differ to our store prices from time to time; for example, when we run an online only offer. Online offers and prices are not always available in store. Prices are liable to change at any time.
4.6 Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will rectify any such errors as soon as possible once we become aware of them. If a Product’s correct price is different from the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
4.7 Payment from your card is taken at the time we receive your order.
4.8 By using a credit/debit card to pay for your order, you confirm that the card being used is yours. To ensure that your credit, debit or charge card is not being used without your consent we will validate the name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting the Terms & Conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information.
4.9 If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
5. Website information & availability
5.1 Whilst we take every care to ensure that the information on the Website is accurate and complete, some of it may be supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, the Website is provided “AS IS” with warranties excluded to the fullest extent permissible by law. We do not accept any liability arising from any inaccuracy or omission in any and/or all of the information provided on the Website or interruption in availability.
5.2 Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
5.3 While we do our very best to ensure that the ingredients, feeding guides and analyses information is kept up to date, there may be occasions where a manufacturer has changed their recipe and this has not yet been reflected in the information on our product pages. Please always refer to the product packaging upon receipt of your order for the fullest and most up to date copy of the product’s ingredients.
6. Cancellations, returns, refunds and substitutions
6.1 Except in relation to the Products specified in the following paragraphs you may cancel your order (or any part of it) at any stage before the Products are delivered to you and up to 28 days afterwards. You may do so by simply returning the Products in accordance with the provisions below (see section 5.4 below) or by contacting us at shop@pupspetsandponies.co.uk or on 01244543863.
6.2 You may not cancel your order if the Products consist of perishable items such as food items or due to health and safety reasons or hygiene issues unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered.
6.3 Some of the Products are excluded from the 28 day return policy. Such items include all medicated products.
6.4 Where you decide to cancel an order after we have despatched the Products, you will be under a duty to return them to us at your own risk. All such Products should be returned within 28 days after the Products have been delivered to you. Until such time as they are returned you must retain possession of the Products and take reasonable care of them. You should return the Products to us unused and in the same condition in which you received them together with the original Product packaging by one of the means set out in our Returns Information.
6.5 After you cancel your order and return the Products any sum debited by us to your credit/debit card will be refunded less any charges in accordance with these Terms & Conditions. We will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Refunds for Products purchased as gifts can only be given to the credit/debit card of the person who placed the order. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of you cancelling your order.
6.6 If any Product you purchase is damaged, faulty or incorrect when delivered to you we may offer an exchange or refund as appropriate in accordance with your legal rights. If you believe a Product is faulty you should return the Product to us in accordance with the Returns Information. If you have any questions regarding returns please contact us.
6.7 Sometimes the Product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain Products and may therefore supply a substitute of the same of better quality at the same price. If you are not happy with the replacement or substitute you can return it in accordance with our 28 day returns policy.
6.8 All sizes and measurements of the Products are approximate but we do try to make sure that they are as accurate as possible.
6.9 Our policy on cancellations, returns and refunds does not affect your statutory legal rights.
7. Intellectual Property
7.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of the Site shall remain at all times vested in us or our licensor. You are permitted to use this material only as expressly authorised by us or our licensor.
7.2 You acknowledge and agree that the material and content contained within the Site is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using the Site. You further acknowledge that any other use of the material and content of the Site is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
8. Liability and Indemnity
8.1 Nothing in these Terms & Conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation or any other liability which may not otherwise be limited or excluded under applicable law.
8.2 Subject to section 8.1 above, we will use reasonable endeavours to verify the accuracy of any information on the Site but make no representation or warranty of any kind express of implied statutory or otherwise regarding the contents or availability of the Site or that it will be timely or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Site. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Site and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Site.
8.3 Subject to section 8.1 above other than as expressly provided in these Terms & Conditions, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
8.4 Subject to section 8.1 above, we will not be liable in contract, tort (including without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentation) or otherwise out of or in connection with the Terms & Conditions for any:
8.4.1 Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
8.4.2 Loss of goodwill or reputation; or
8.4.3 Special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms & Conditions.
8.5 Notwithstanding the above, subject to section 8.1 above, our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the Product(s) in respect of one incident or series of incidents attributable to the same clause.
8.6 This clause 8 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
8.7 We will take all reasonable precautions to keep the details of your order and payment secure but unless we are negligent we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
9. Limitations
9.1 You may not use the Website for:
9.1.1 Transmitting any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
9.1.2 transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice;
9.1.3 gaining unauthorised access to other computer systems;
9.1.4 interfering with any other person’s use or enjoyment of the Website;
9.1.5 breaching any laws concerning the use of public telecommunications networks;
9.1.6 interfering or disrupting networks or websites connected to the Website; or
9.1.7 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
9.2 We reserve the right to refuse to post material on the Website or to remove material already posted on the Website.
9.3 You fully indemnify us against any and/or all losses, liabilities, costs and/or expenses reasonably suffered or incurred by us, any and/or all damages awarded against us under any judgment by a court of competent jurisdiction and any and/or all settlements and sums paid by us as a result of any settlement reasonably agreed by us arising out of or in connection with:
9.3.1 any claim by any third party that the use of the Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
9.3.2 any claim by any third party that the use of the Website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and/or
9.3.3 any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by you.
10. Right to suspend or cancel your registration
10.1 We may suspend or cancel your registration to the Website immediately or restrict or prevent your access to the Website at our reasonable discretion if you breach any of your obligations under these Terms and Conditions.
10.2 You can cancel this agreement at any time after giving us prior notice in writing. If you do so, you must stop using the Website.
10.3 The suspension or cancellation of your registration to the Website and/or your right to access and/or use the Website shall not affect either party’s rights or liabilities.
11. Miscellaneous Provisions
11.1 The use of the Website and any Contracts formed between us are governed by English law. Any dispute arising from, or related to, such use and any such Contracts shall be subject to the exclusive jurisdiction of the courts of England. We make no promise that materials on the Website are appropriate or available for use in locations outside the United Kingdom and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws. Overseas orders (i.e. orders from outside the United Kingdom) will not be accepted.
11.2 We shall be under no liability for any delay or failure to deliver Products or otherwise perform any obligation as specified in the Terms & Conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
11.3 To provide increased value to our customers we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources and are not responsible whether directly or indirectly for their content.
11.4 You may not assign or sub-contract any of your rights or obligations under the Terms & Conditions or any related order for products to any third party unless agreed upon in writing by us.
11.5 We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of our rights or obligations under the Terms & Conditions or any related contract to any third party.
11.6 If any portion of the Terms & Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of the Terms & Conditions shall not be affected.
11.7 The Terms & Conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the Contract (Rights of Third Parties) Act 1999).
11.8 No delay or failure by us to exercise any powers, rights or remedies under the Terms & Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. For any waiver to be effective it must be in writing and be signed by an authorised representative of us.
11.9 The Terms & Conditions including the documents or other sources referred to in the Terms & Conditions supersede all prior representations understandings and agreements between you and us relating to the use of the Site (including the order of the Products) and sets forth the entire agreement and understanding between you and us for your use of the Site.
11.10 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control (Force Majeure Event).
11.11 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
11.11.1 Strikes, lock-outs or other industrial action.
11.11.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
11.11.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
11.11.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.11.5 Impossibility of the use of public or private telecommunications networks.
11.11.6 The acts, decrees, legislation, regulations or restrictions of any government.
11.12 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
12. Recurring Transactions
12.1 We will ensure that:
12.1.1 recurring transaction authorities signed by you will conform to the required merchant standards (including requiring you to sign authority forms for recurring transactions);
12.1.2 you are made sufficiently aware of the ongoing nature of the recurring transaction;
12.1.3 you know at least 14 days in advance of a recurring transaction and the amount claims and the date upon which it will be claimed and/or any changes in relation to this;
12.1.4 recurring transaction claims comply with the authority given by the card holder and are timed to ensure that the entry appears on the card holder’s account no later than 7 business days after the agreed date;
12.1.5 instructions to cancel authorities, when received, are actioned immediately to ensure that no more claims are originated after receipt; and
12.1.6 we respond to a request from your merchant acquirer for a copy of a Recurring Transaction Authority within 10 days of the request being received.
