Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.
SUMMARY OF SOME OF YOUR KEY RIGHTS:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:
- up to 30 days: if your goods are faulty, you can get a refund;
- up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases;
- up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
As the goods sold on our website are perishable, their expected lifespan (assuming our storage instructions are followed), is up to and including the use-by date clearly shown on the packaging of your goods.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
IN THIS CONTRACT:
‘We’, ‘us’ or ‘our’ means Healthy Dog Food Ltd, a company incorporated in England and Wales under number 113945941 whose registered office is at Kemp House, 160 City Road, London, EC1V 2NX; and
‘You’ or ‘your’ means the person using our site to buy goods from us.
If you don’t understand any of this contract and want to talk to us about it, please contact us by email at sales@healthydogfoodltd.co.uk
1. INTRODUCTION
1.1. If you buy goods on our site you agree to be legally bound by this contract.
1.2.You may only buy goods from our site for non-business reasons. We sell goods only to end-users.
1.3. This contract is only available in English. No other languages will apply to this contract.
1.4. When buying any goods you also agree to be legally bound by our website terms and conditions. All use and purchases made on this website are governed by these Terms and Conditions at any time although the Terms and Conditions governing any given use or purchase will be those in effect at the date of your order or specific use. If you use or order goods after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each use or order to ensure that you understand the precise terms and conditions applicable to your site visit or purchase.
2. INFORMATION WE GIVE YOU
2.1. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
2.2. click on the ‘key information’ button;
read the acknowledgement email (see clause 4.3); or
2.3. contact us using the contact details at the top of this page.
2.4. The key information we give you by law forms part of this contract (as though it is set out in full here).
2.5. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3. YOUR PRIVACY AND PERSONAL INFORMATION
3.1. Our Privacy Policy is available here.
3.2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
4. ORDERING GOODS FROM US
4.1. Below, we set out how a legally binding contract between you and us is made.
4.2. You place an order on the site by clicking on the relevant link to buy the product(s) required thereby adding items to your basket. When you are ready you will be able click on the basket or relevant checkout link and follow the instructions to complete your purchase, arrange delivery and apply any discount codes. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
4.3. When you place your order at the end of the online checkout process (e.g. when you click on the pay now button) we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
4.4. We may contact you to say that we do not accept your order. This is typically for the following reasons:
4.4.1. the goods are unavailable;
4.4.2. we cannot authorise your payment;
4.4.3. you are not allowed to buy the goods from us;
4.4.4. we are not allowed to sell the goods to you;
4.4.5. you have ordered too many goods; or
4.4.6. there has been a mistake on the pricing or description of the goods.
4.5. We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
4.5.1. a legally binding contract will be in place between you and us; and
4.5.2. we will dispatch the goods to you.
5. RIGHT TO CANCEL
5.1. You have the right cancel this contract within 14 days without giving any reason.
5.2. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
5.3. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email) using the contact details at the top of this contract.
5.4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
6. EFFECTS OF CANCELLATION
6.1. If you can cancel this contract, we will reimburse to you all payments received from you, excluding the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
6.2. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
6.3. We will make the reimbursement without undue delay, and not later than:
6.3.1. 14 days after the day we received back from you any goods suplied; or
6.3.2. (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
6.3.3. if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
6.4. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
6.5. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
6.6. If you have received goods:
6.6.1. you shall send back the goods to an address we will give you, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;
6.6.2. you will have to bear the direct cost of returning the goods; and
6.6.3. you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7. DELIVERY
7.1. Each order you make may include a charge for delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order will be dependent upon, amongst other things, the value of your order, the date and time of your delivery and your delivery address and charges may vary from week to week. We use DPD to deliver our goods.
7.2. The estimated date and time window for delivery of the goods is set out in the Confirmation Email (see clause 4.5).
7.3. If something happens which:
7.3.1. is outside of our control; and
7.3.2. affects the estimated date of delivery;
7.3.3. we will let you have a revised estimated date for delivery of the goods.
7.4. Delivery of the goods will take place when we deliver them to the address that you gave to us.
7.5. We take special care to endeavour that deliveries are made within a short delivery slot and accordingly, it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. We may ask that an appropriate person signs for the goods on delivery. Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the price of perishable items contained in your order and the cost of delivery. If nobody is available to take delivery, please contact us using the contact details at the top of this page.
7.6. We and our agents and subcontractors will ordinarily only make deliveries when an appropriate person is able to receive the delivery. In the event that you instruct us to leave a delivery unattended at your address or with a neighbour, we expressly disclaim all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or within a specified temperature range.
7.7. Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, our liability to you will be limited to the price of goods not delivered and the cost of delivery.
7.8. Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
7.8.1. let you know;
7.8.2. cancel your order; and
7.8.3. give you a refund.
7.9. You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
7.10. We do not make deliveries to any addresses outside of the UK.
8. PAYMENT
8.1. We accept the following credit cards and debit cards: Visa, MasterCard, American Express, Maestro, Visa Electron or Vpay. We do not accept cash.
8.2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
8.3. Your credit card or debit card will only be charged when the goods are dispatched.
8.4. All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
8.4.1. Verified by Visa: https://www.visa.co.uk/pay-with-visa/featured-technologies/verified-by-visa.html;
8.4.2. Mastercard®SecureCode™: https://www.mastercard.us/en-us/consumers/payment-technologies/securecode.html; or
8.4.3. American Express SafeKey: https://www.americanexpress.com/uk/benefits/service-security/safety-fraud/how-amex-protects-you/safekey/.
8.5. If your payment is not received by us and you have already received the goods, you:
8.5.1. must pay for such goods within 5 days; or
8.5.2. must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
8.6. If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
8.7. Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 5 and 6.
8.8. The price of the goods:
8.8.1. is as quoted on the website at the time you confirm your order (usually by clicking the “checkout” button) subject only to any inadvertent technical error for which we will not be liable;
8.8.2. is in pounds sterling (£)(GBP);
8.8.3. includes VAT at the applicable rate; and
8.8.4. does not include the cost of delivering the goods (if you want delivery options and costs, visit our webpage [insert details such as ‘Delivering to you’] before you place your order).
8.9. If we make an error in advertising the price of the goods on the website, we reserve the right to cancel any orders you place for such goods.
9. NATURE OF THE GOODS
9.1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
9.1.1. are of satisfactory quality;
9.1.2. are fit for purpose; and
9.1.3. match the description, sample or model.
9.2. We must provide you with goods that comply with your legal rights.
9.3. The packaging of the goods may be different from that shown on the site.
9.4. While we try to make sure that:
9.4.1. all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance of up to 2% in such weights, sizes and measurements in the goods; and
9.4.2. the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.
9.5. Any goods sold:
9.5.1. at discount prices;
9.5.2. as remnants; or
9.5.3. as substandard;
9.5.4. will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
9.6. If we cannot supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:
9.6.1. we will let you know if we intend to do this but this may not always be possible; and
9.6.2. you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
10. FAULTY GOODS
10.1. We guarantee the quality of our goods and allow you to return products that are defective up to and including their use-by date which is clearly shown on the packaging, at our cost, for a full refund. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
10.2. contact us using the contact details on our website; or
10.3. visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
10.4. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
10.5. Please contact us using the contact details on our website, if you want:
10.5.1. us to replace the goods;
10.5.2. a price reduction; or
10.5.3. to reject the goods and get a refund.
11. END OF THE CONTRACT
11.1. If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
12. LIMIT ON OUR RESPONSIBILITY TO YOU
12.1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
12.1.1. losses that:
12.1.1.1. were not foreseeable to you and us when the contract was formed;
12.1.1.2. that were not caused by any breach on our part;
12.1.2. business losses; and
12.1.3. losses to non-consumers.
12.2. Our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
13. DISPUTES
13.1. We will try to resolve any disputes with you quickly and efficiently.
13.2. If you are unhappy with:
13.2.1. the goods;
13.2.2. our service to you; or
13.2.3. any other matter,
13.2.4. please contact us as soon as possible.
13.3. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
13.3.1. let you know that we cannot settle the dispute with you; and
13.3.2. give you certain information required by law about our alternative dispute resolution provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr.
13.4. If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
13.5. The laws of England and Wales will apply to this contract.
14. THIRD PARTY RIGHTS
14.1. No one other than a party to this contract has any right to enforce any term of this contract.
