Dogs Naturally. 48-52 Wheelock Street, Middlewich, Cheshire, CW10 9AB (Please do not post letters or items here unless prior arrangement).
TERMS AND CONDITIONS OF SALE
1. DEFINITIONS AND INTERPRETATIONS
1.1 In these terms and conditions:
Reference to “we” and “us” is a reference to Dogs Naturally
Reference to “you” is a reference to the purchaser of the Goods from us.
“Contract” means the contract between us for the sale and purchase of the Goods which incorporates these Terms.
“Goods” means the [description of goods] and other items purchased by you from us.
“Terms” means these terms and conditions.
1.2 These Terms are the only terms and conditions on which we contract for the sale of Goods and they form an integral part of the Contract between us. If we agree to vary any of the terms, the variation must be in writing confirmed by our duly authorised representative and by you.
1.3 By visiting our website and/or purchasing something from us, you are deemed to have accepted these terms and conditions.
1.4 You can view the most current version of these terms and conditions at any time by visiting this website page. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. It is your responsibility to check this page on each visit to your website, read these terms and conditions and ensure you understand them before making a purchase.
2. PRICE
2.1 The price of Goods quoted on our website includes VAT (Value Added Tax). Where VAT is not included in the price, it will be added and payable by you at the appropriate rate.
2.2 The cost of packaging and postage/carriage is calculated by the total order weight and shown separately and (in the case of special or overseas orders) will be quoted by us on request and payable separately from the price of the Goods.
2.3 All published prices are subject to change at any time without notice.
3. ORDERING GOODS ONLINE
3.1 You warrant to us that all information which you are required to provide when ordering Goods online is accurate and complete in all respects at the time of the order and that this information relates to you/the person placing the order and not to any third party.
3.2 When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be confirmed when it is verified by us.
3.3 Any error in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us.
3.4 Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
3.5 We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered is out of stock
ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
iii) There has been a pricing or product description error
iv) There is a system or procurement failure
v) You have failed our customer validation checks
4. PRIVACY
If you place an order, you will have to provide personal information to us. We will not disclose that information to any third party without your consent, except for the purpose of processing the order and arranging delivery.
5. PAYMENT
5.1 All payment for Goods and for the cost of packaging and delivery must be made before the Goods are delivered.
5.2 Payment online will be made by credit or debit card. At our discretion, we may accept payment by cheque or other means. In all cases, delivery will not occur until we are satisfied that the payment has been made. In the case of a payment by cheque, this will be after the cheque has been cleared.
6. DELIVERY
6.1 During checkout, you may be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times). No times or dates provided by us are guaranteed.
6.2 We will arrange for packing and we will decide on the method of delivery either by post, courier or otherwise.
6.3 You must notify us promptly and in any event within 48 hours or receipt of any Goods if they appear to be damaged in transit. In those circumstances, you must also keep all packaging as this may be required when making a claim. (It is advisable to take a photo as this is often required for claims)
7. CANCELLATION
7.1 If you wish to cancel an order you have placed you must contact us immediately to ascertain whether the items have been dispatched or not. Where they have been dispatched, you will need to return the item to us and you will be responsible for paying the cost of returning the items.
7.2 Where items have not been dispatched prior to a cancellation request, our refund policy will apply.
7.3 You will have a right to cancel an order within 7 working days from the date that you receive the Goods. Cancellation must be confirmed to us by notice in writing.
7.4 You must take reasonable care of all Goods in your possession and return them to us, appropriately packaged to avoid damage, within 7 days from the cancellation date. We reserve the right to arrange collection, in which case you will be responsible for collection charges.
7.5 We will refund the purchase price to you within 30 days of the cancellation notice but we reserve the right to charge a restocking fee and any other reasonable costs we incur in connection with the return of the Goods.
7.6 In the case of Goods which are made and supplied to your specification or which have been personalised for you, you will not have the right to cancel the Contract.
8. RISK AND OWNERSHIP
8.1 The risk of loss or damage to Goods passes to you upon delivery. If you have agreed to collect the Goods from us, the risk in those Goods passes to you on collection (or 7 days after the agreed collection date if you have not collected the Goods by then).
8.2 Ownership in all Goods remains with us until full payment of all amounts due to us have been received from you.
8.3 You will be responsible for the safe custody and insurance of all Goods in your possession.
8.4 You have no right to re-sell any Goods until payment has been received in full by us.
9. WARRANTIES AND LIABILITY
9.1 We warrant to you that the Goods ordered by you will meet the description as shown on our website (or any other description given to you in writing).
9.2 We will not have any responsibility for any damage which occurs to the Goods after delivery.
9.3 If any defect in any Goods appear within [6 months] of delivery, you must notify us as soon as you become aware of the defect, giving us full details. We will then decide, in consultation with you, whether the defect is our responsibility. If so, we may arrange either to repair the defective Goods or to replace them with similar Goods. Any defective Goods to be returned to us must be returned at your expense.
9.4 We will not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the Goods.
9.5 Liability to you for loss or damage shall under no circumstances exceed the total amount you have paid us for those Goods. (However, we acknowledge that we cannot exclude legal liability for death or personal injury which is proved to be due to our negligence).
9.6 We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
9.7 You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
10. NOTICES
10.1 If you wish to give us any notice relating to a matter covered by these Terms, whether you telephone us or not, you must confirm that notice in writing. In the case of email notices, these are to be sent to enquiries@dogsnaturally.co.uk and you must send them so as to return an acknowledgement of receipt.
11. CUSTOMER DEFAULT
If you:
– give us any incorrect personal information, or
– fail to make any payment when it is due, or
– cancel any payment, or
– become insolvent, or
– commit any breach of these Terms
then, in any of those events, we have the right to cancel the Contract and recover possession of any Goods which have been supplied for which payment has not been received in full.
12. FORCE MAJEURE
We will not have any liability to you if we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control including, but not limited to, fire, flood, act of nature, terrorism, war, internet disruption, power failure, strike or difficulty in obtaining materials and/or labour. In any of these circumstances we reserve the right to cancel (or, at our option, to suspend) the Contract.
13. GENERAL
13.1 Severance: If any provision in these Terms is held by a court to be unenforceable, that will not affect the remaining provisions of the Terms.
13.2 Entire Agreement: These Terms govern our relationship with you and in accepting them, you confirm that no other arrangement, agreement or representation applies.
13.3 Assignment: We reserve the right to assign any of our rights or obligations under the Contract to a third party on the basis that the existing contractual terms will become the responsibility of that third party. You will not be able to assign any of your rights or obligations without first getting our written consent.
13.4 We reserve the right to refuse service to anyone, for any reason, at any time.
13.5. Any content that you enter onto this website may be transferred unencrypted and involve transmissions over various networks and may involve changes in order to conform and adapt to the technical requirements of connecting networks or devices.
14. INTELLECTUAL PROPERTY
14.1 Where the Goods include designs or works of art, these are prepared by a designer or artist who owns the copyright in those works. You have no right to make any copies or adaptations of any of those Goods.
14.2 You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on the website or any other part of the service that we offer on this website.
15. DISPUTES
15.1 If there is a dispute which we cannot settle by direct negotiation, we may require that it is referred to mediation before any legal proceedings are commenced. In that event, the mediation will be conducted in accordance with the CEDR (Centre for Effective Dispute Resolution) mediation rules current at the date of the dispute.
.
15.2 Any dispute between us will be finally determined by the English courts and you agree to submit to the jurisdiction of those courts.
16. GOVERNING LAW
These Terms and the Contract between us are governed by English law.
WEBSITE LEGAL NOTICES
Disclaimer
All information and materials on this site are provided on an ‘as is’ basis and are not intended in any way to be comprehensive. Anyone making use of this site does so at their own risk and visitors to the website are advised to take independent professional advice before acting on any information or materials found here. Dogs Naturally accepts no responsibility and gives no representations or warranties, express or implied, that any of the information and materials on this site are complete, accurate or free from errors or omissions. Dogs Naturally reserves the right to update any of the documents, data and other information on this website at any time without notice.
Copyright
The content of this website is the copyright of Dogs Naturally unless otherwise stated. You may copy or use any page or document for your own personal purposes or send it on to someone known to you solely for information and free of charge but only on the condition that (a) you make it clear that copyright belongs to us, (b) your use of any such material is not misleading and (b) it is not used for any commercial purposes. Unauthorised use of any materials on the website that violates any of these conditions or any relevant copyright, trademark and other laws could result in legal proceedings.
Links to Third Party Websites
Dogs Naturally may provide links to third party websites but we do this as a convenience to users of this Site. We do not control or accept any responsibility or liability for third party websites or their content.
Links to this Website
If a link to this website is created from a website that in the opinion of Dogs Naturally is unacceptable, Dogs Naturally reserves the right to require the removal of that link. No-one who creates a link or is granted permission to link to our website may use our logo or any other proprietary graphic or trademark or represent themselves as being part of or the Dogs Naturally’s website or business.
