Naturediet Pet Foods Limited

Mail Order Terms and Conditions of Use and Sale

(A)          OWNERSHIP

These terms and conditions shall apply to all mail order transactions between Naturediet Pet Foods Limited (company number 2097854) whose registered office is at Shipdham Airfield Industrial Estate, Mile Road, Shipdham, Norfolk IP25 7SD (“Naturediet/we/us/our”) and you, the customer (“you/your”).

(B)          LEGAL AGREEMENT

By purchasing products from Naturediet by mail order, you accept, without limitation or qualification, the terms and conditions set out below (the “Terms”) without modification. By purchasing products, you acknowledge that you are bound by the Terms.
If you do not wish to be bound by the Terms you should not place an order with us.
No variation to these Terms shall be binding unless agreed in writing between you and an authorised Director of Naturediet.

TERMS AND CONDITIONS RELATING TO SALES OF PRODUCTS

1             Contract Formation

You will indicate the products that you wish to order (“Products”) by confirming by telephone, email, fax or letter; your delivery postcode, and the 1st address line with the order details and payment method confirmation. Your order shall constitute an offer to us to purchase the Products specified in the order. We may accept or decline the order. If we acknowledge your order that shall not constitute an acceptance of it. No order submitted by you shall be deemed to be accepted by us unless and until we confirm to you by email, letter or telephone call that the order has been fully processed and is being made ready for dispatch (the “Dispatch Confirmation”) to you (“Acceptance”). We shall at the same time notify you of the identifying number (the “Identifying Number”) for your order and you will be required to quote it in any subsequent communications. A contract will only be formed between us when we accept payment and dispatch your order; a tracking number for dispatched items is available on request.

2             Entire Agreement

Each order, Acceptance of each order and the supply of Products by Naturediet pursuant to an order shall be governed by these Terms. These Terms constitute the entire understanding between you and Naturediet in relation to any Products ordered and supplied by mail order. They supersede any other terms stipulated by you, whether in any order or during negotiations or any course of dealing established between you and us.
All descriptions, illustrations and indications or price of Products provided on a mail order form or otherwise communicated to you are for guidance only and intended merely to present a general idea of the Products. Nothing contained in any such description, illustration indication of price shall form any part of these Terms.

3             Price & Payment

The prices of the Products shall be those specified by Naturediet to you from time to time in accordance with the provisions set out in clause 1. Prices quoted on the mail order form are indicative only and are subject to change.
All prices are inclusive of United Kingdom VAT and inclusive of postage and packing.
Prices may differ from prices seen in UK retail outlets
You may pay by MasterCard, Visa , Visa Delta, Switch, Maestro, Solo and by cheque made payable to Naturediet Pet Foods Limited (see clause 8 below for details of our address). A charge of £10.00 shall be made to you for any returned or represented cheque used in settlement by you in settlement of any sums due under these Terms.
Products will only be dispatched once we have received full payment for the Products and all applicable postage and packaging charges from you.
Naturediet reserves the right at its total discretion to decline or accept any order. If we decline to accept, or cancel, an order for which we have received payment, we shall refund the payment, but shall have no further or other liabilities.

4             Delivery and Availability

A summary of the postcode areas to which we will deliver and the corresponding delivery charges can be found in the Schedule to these Terms.
Naturediet shall deliver Products ordered by you via a courier or postal service of Naturediet’s choice (the “Carrier”) to the delivery address that you have given us. By accepting these Terms, you agree irrevocably to appoint and do appoint the Carrier to be your agent for taking delivery of the Products on your behalf, and delivery to the Carrier shall be deemed to be delivery to you.
A charge reflecting the postage and packing costs will be made for any package returned to us by the Carrier as undeliverable, uncollected or for any other reason. Subsequent delivery of your order will be charged at our current rates for your order.
All delivery is subject to availability and time shall not be of the essence. We will indicate to you whether or not a Product is currently “in stock” (i.e. available in our warehouse for dispatch) or our estimate on when the Product will be available for dispatch. However, this is an estimate only, should not be relied upon and may be subject to change. We are under no obligation to accept orders for a Product which is not currently in stock. If there is any delay, will notify you of this and give you a new delivery time. As we process your order, we will notify you if any Products unfortunately are not available. If a Product is not immediately available for delivery we will either reject your order or it will be held and you will not be charged until the Products are dispatched.
If you are a consumer (i.e. a natural person who, in contracts to which the Consumer (Distance Selling) Regulations 2000 apply, is acting for purposes that outside his or her business), Naturediet shall endeavour to deliver Products ordered by you as soon as possible. If delivery within thirty (30) working days is not possible Naturediet shall notify you of the delay and give you a new delivery time and/or you shall have the right to cancel your order and be entitled to a full refund for the Products (less any delivery charges incurred).
If you wish to order more than 20 cases of our Products (in aggregate), please contact our Customer Services team who will be happy to assist you. We are under no obligation to accept any order for more than 20 cases of our Products.
For deliveries outside of the United Kingdom, please contact our Customer Services team who will be happy to assist you. We are under no obligation to accept orders which require delivery outside of the United Kingdom.

5             Inspection, Delivery Delays and Non-Delivery

Nothing in this clause affects your statutory rights pursuant to the provisions set out in clause 7.
You must inspect the Products as soon as is reasonably practicable after delivery. Within seven (7) working days of delivery you shall notify Naturediet in detail and in writing of any defect in the Products or of any other complaint that you may have in relation to the Products. If you fail to give notice in accordance with this clause, the Products shall be conclusively presumed to be in all respects in accordance with the order and free from any defect that would be apparent on reasonable examination, and you shall be deemed to have accepted the Products accordingly.
Subject to the conditions set out below, if you establish to our reasonable satisfaction that any Products are not in accordance with these Terms your sole remedy shall be limited (as Naturediet may elect) to the replacement of the Products or a refund to you of the price of the Products and any delivery costs or, where sums are owed by you to us, the issue of a credit note or a credit card account refund against return of the Products. If we require you to return the Products to us because they are defective we shall reimburse your reasonable postage cost of returning them. These remedies are subject to the following conditions:

(i) the claim is made in writing to Naturediet within thirty (30) days after Acceptance, or such other period as may be indicated by us for specific Products from time to time;

(ii) the Products to which the claim relates are returned to Naturediet within that period suitably packaged and carriage-paid and, where relevant, in accordance with any particular instructions that we may have notified to you at the time of supply. Returned Products must be accompanied by an advice note stating the Identifying Number/Returns Authorisation Number and the nature of any claimed defect, together with such further information as Naturediet may at the time of supply have stipulated.
You shall make any queries regarding the quantities of the Products:

(i) within ten (10) days of the date of the Acceptance;

(ii) in writing; and

(iii) quoting the Identifying/Returns Authorisation Number.

Queries regarding Products where we notify you of dispatch but they are not received by you must be made within ten (10) days of the date of dispatch and the Identifying Number must be quoted. Without prejudice to the provisions under clauses 6, 9 and 10, Naturediet need not entertain any query made thereafter.

6             Passing of Risk and Title

Risk of loss or damage to, and title to, the Products shall pass to you at the time of delivery of the Products to the Carrier or postal service as described in clause 4.

7             Right to Cancel and Returns

If you are wishing to return Products because they are faulty please refer to clause 5 above.

If you are a consumer (i.e. a natural person who, in contracts to which the Consumer (Distance Selling) Regulations 2000 apply, is acting for purposes that outside his or her business), you have the right to withdraw from your purchase within seven (7) working days of the date the Product is delivered. All customers who cancel under this statutory “cooling off period” shall be entitled to a full refund. Any customers who would like to cancel an order pursuant to this statutory right should contact our customer services team (see clause 8 below for contact details). 1
If we have not yet dispatched the Product, you may cancel your order by telephoning our customer services team on +44 (0) 8700 132960. You shall be entitled to a full refund of the price of the Products less any delivery charges incurred by us.

To return an item for whatever reason, please send the item to us at the address specified in clause 8. We recommend that you send returns by recorded post. Always retain proof of postage. We will then process your return and issue a refund or replacement as appropriate via the original payment method. You shall be responsible for any delivery and packaging charges you incur in exercising your right to return under the “cooling off period” and/or under any other cancellation rights you may have under these Terms.

8             Customer Services

If you have any comments with regards to the service you have experienced in placing orders please contact our customer services team:

Customer services are available between 9.00am and 5.00pm Monday to Friday (excluding bank holidays). No warranty or representation is given by us as to the availability of these services.

9             Liability

Naturediet will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you placed your order or a contract for the sale of goods by us to you was formed. We will not be responsible for any economic or business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or for any indirect of consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.

Nothing in these Terms shall be read as limiting Naturediet’s liability for death, personal injury or fraud arising from a wrongful act or omission on our part.

Nothing in these Terms shall affect your statutory rights.

10             Force Majeure

We shall not be liable to you or be deemed to be in breach of these Terms or any delay in performing, or any failure to perform, any of our obligations in relation to the Products, if the delay or failure is due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control:

11             General

Any notice required or permitted to be given by either party to the other under these Terms must be made in writing addressed to that other party at its registered office or principal place of business or such other address as may be at the relevant time have been notified pursuant to this provision to the party giving the notice.
No waiver by us of any breach of these Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and the remainder of the provisions shall not be affected thereby.
These Terms shall be governed by and shall be read and construed in all respects in accordance with English law and each of the parties hereto submits to the non-exclusive jurisdiction of the English Courts as regards any claim, dispute or matter arising out of or relating to these Terms.
March 2007

SCHEDULE

Delivery and Shipping

The following additional postage and packing charges will apply: