Terms And Conditions
These terms and conditions shall apply to all telephone, online and mail order transactions between Naturediet Pet Foods Limited (company number 2097854) whose registered office is at Swaffham Road, Ickburgh, Norfolk, IP26 5HX (“/we/us”) and you, the customer (“you”).
(B) LEGAL AGREEMENT
By purchasing products from us by telephone, online via our website or by mail order, you accept, without limitation, qualification or modification, the terms and conditions set out below (the “Terms”). 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 the Terms shall be binding unless agreed in writing between you and one of our Directors.
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, online via our website or letter; your delivery postcode, and the first line of your address 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 us pursuant to an order shall be governed by these Terms. These Terms constitute the entire understanding between you and us in relation to any Products. 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 by a telephone call or online 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 or indication of price shall form any part of these Terms.
3 Price & Payment
The prices of the Products shall be those specified by us to you from time to time in accordance with the provisions set out in clause 1. Prices quoted by telephone or online are indicative only and are subject to change.
All prices are inclusive of United Kingdom VAT and inclusive of postage and packing to the extent stated below.
Prices may differ from prices seen in UK retail outlets.
You may pay by MasterCard, Visa, Visa Debit, 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 re-presented cheque used 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.
We reserve the right at our 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.
We will deliver Products via a courier or postal service of our choice (the “Carrier”) to the delivery address that you have given us. By accepting these Terms, you 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 deliveries are 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 of 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, we will notify you of this and give you a new delivery time. As we process your order, we will notify you if any Products are unfortunately 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 Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply, is acting for purposes that are outside his or her business - “Consumer”), we will endeavour to deliver Products ordered by you as soon as possible. If delivery within thirty (30) working days is not possible we will 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. 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 we may elect) to (i) the replacement of the Products or (ii) 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 us within thirty (30) days after Acceptance, or such other period as may be indicated by us for specific Products from time to time; and
(ii) the Products to which the claim relates are returned to us 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 we 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, we shall not be obliged to entertain any query made after that time.
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 wish to return Products because they are faulty please refer to clause 5 above.
If you are a Consumer, you have the right to withdraw from your purchase within fourteen (14) working days of the date the Product is delivered. If you cancel under this statutory “cooling off period” you will be entitled to a full refund. If you wish to cancel an order pursuant to this statutory right you should contact our customer services team (see clause 8 below for contact details).
If we have not yet dispatched the Products, you may cancel your order by telephoning our customer services team on +44 (0) 1362 822320. 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 any 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:
|Telephone||+44 (0) 1362 822320|
|Fax||+44 (0) 1362 822328|
Customer services are generally available between 9.00am and 5.00pm Monday to Friday (excluding bank holidays) but no warranty or representation is given by us as to the availability of these services.
We will be responsible for any losses you suffer as a result of us breaching these Terms if the losses were reasonably foreseeable to both you and us when you placed your order or the 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 our 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:
(i) act of God, explosion, flood, tempest, fire or accident;
(ii) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
(iii) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part
of any governmental, parliamentary or local authority;
(iv) import or export regulations or embargoes;
(v) strikes, lock-outs or other industrial actions or trade disputes (whether involving our
employees or of a third party);
(vi) difficulties in obtaining raw materials, labour, fuel, parts or machinery;
(vii) power failure or breakdown in machinery.
We do not sell products for purchase by children. If you are under 18 you may purchase goods from our website only with the involvement of a parent or guardian.
Any notice required or permitted to be given 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 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.