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In it you will find our obligations to you and yours to us that may be brought
about by the use of this website and others linked to it.
In these conditions "the Company" means Dogsdelight.co.uk, "the Customer" means
the person, firm, or Company purchasing the goods, "the goods" means the goods
or materials which shall be the subject of a contract between the Company and the
Customer, "the price" means the price specified on the Company's website, or
otherwise communicated to the Customer.
1. PRICES
(i) Prices are in accordance with the Company's price list or a Company quotation
current at the date of order provided that if between the date of order and date
of delivery there is any variation in the cost of manufacture or delivery of the
goods the Company shall be entitled to vary the price proportionately.
Quotations are valid for 14 days from the date of their issue by the Company.
2 . PAYMENT
(a) Payment for all goods purchased shall be made prior to delivery via our
on-line payment service provider.
(b) All prices are inclusive of any applicable VAT, for which the Customer
shall be liable.
3 . DELIVERY
(a) Goods will only be delivered to the address specified when placing the order(s).
(b)The Company may not be able to deliver to all locations, especially locations
off the UK mainland. If delivery is required for an overseas destination you may
be required to pay an additional delivery fee.
(c) The Company shall not be liable for failure to deliver on any specified date
and any delivery date specified on the Company's acceptance of an order is an estimate
only. Further the Customer shall not be entitled to refuse to accept the goods if so
delayed.
(d) the Company reserves the right to cancel a contract if:
(i) The Company has insufficient stock to deliver the goods you have ordered;
(ii) The Company does not deliver to your area; or One or more of the goods you ordered
were listed at an incorrect price due to typographical error or an error in the
pricing information received by the Company from its suppliers, or the product(s) requested
has been discontinued. If the Company does cancel your contract the Company will notify
you by e-mail or telephone and will re-credit to your account any sum deducted by the
Company from your credit card as soon as possible. The Company will not be liable for
any compensation for disappointment suffered or losses or costs incurred by you as a result
of a cancellation.
(e) If an order is required to be executed by part deliveries each part delivery
shall constitute a separate contract for the sale of goods and any defect in or
failure to deliver any part delivery shall not entitle the Customer to cancel any
outstanding part deliveries of such order or any other orders.
(f) All claims against the company on whatever grounds must be notified to the Company
in writing. Claims for damage or partial loss of goods in transit must be made to the
carrier immediately on delivery of the goods and confirmed in writing to the Company
and to the carrier within three days of delivery of the goods. Claims for non delivery
of goods must be made within ten days of notice of despatch or invoice whichever is
the sooner.
4 .WARRANTY AND LIABILITY
(a) The Company warrants that goods delivered shall be of its standard quality for those
goods unless otherwise agreed and will be reasonably suitable for the purpose recommended
in writing by the Company. Where no written recommendations for the purpose are made by
the Company then you are responsible for ensuring that the goods purchased are suitable for
your use.
(b) The Company's liability in respect of any goods supplied shall be limited to the
replacement of such goods which do not conform to the said warranty and in particular
(but without prejudice to the generality of the foregoing) the Company shall not be liable
for the failure of any goods to fulfil any purpose which has not been recommended in
writing by the Company or for the failure of any goods to fulfil any purpose where the
Company's methods of use or the labelling on the goods or other health and safety
instructions or regulations have not been complied with.
5 . GENERAL TERMS
(a) Contracts to supply goods shall not be made until orders placed by Customers are
accepted by the Company, the Company reserves the right to reject orders. All orders
accepted by the Company shall be subject to these Conditions of Sale and the Company
shall not be deemed to have accepted any variation of its Conditions of Sale or any
terms and conditions proposed by the Customer without agreement in writing to such
variation by the Company.
(b) If these terms of sale are not acceptable the Customer must so notify the Company.
The Company's acceptance of the Customer's order is expressly made conditional upon the
Customer's assent that these terms of sale including exclusion of liabilities and retention
of title are the sole terms governing this purchase and sale. The Customer's taking delivery
of any goods supplied hereunder, shall evidence assent.
(c) Every order from the Customer accepted by the Company shall be deemed to be a separate
contract enforceable by the Company as such notwithstanding the existence at any one time of
two or more outstanding orders with such Customer and no dispute with regard to any order
shall preclude execution of other orders and the Customer shall not be entitled to any right
of set-off or counterclaim to which it may be entitled under one order in respect of any other
orders.
(d) No order (or part of an order) may be cancelled by the Customer without the written consent
of the Company.
(e) Notwithstanding anything to the contrary hereinbefore contained the Company shall not be
liable for any non delivery due to causes beyond its control including, without limitation,
strikes, lock-outs or any other industrial disputes, breakdown of systems and network access,
flood, fire or explosion or accident or non-availability of essential supplies and the Company
may at its option in the event of such causes be entitled either to cancel any contract or
postpone execution of any order until such time as the Company shall consider that such
circumstances no longer apply.
(f) These conditions and any agreement made between the Company and the Customer hereunder shall
be governed by English and Welsh Law and the Courts of England and Wales shall have jurisdiction
to determine any dispute arising thereunder.
(g) These conditions, together with the Company's current website prices and notices,
delivery details, contact details and privacy policy, set out the whole of our agreement
relating to the supply of goods to you by the Company. Nothing said by any sales person on
the Company's behalf should be understood as a variation of these terms and conditions or as an
authorized representation about the nature or quality of any goods offered for sale by the Company.
Save for fraud or fraudulent misrepresentation, the Company shall have no liability for any such
representation being untrue or misleading.
6 . CONSUMER PROVISIONS
Where the Customer is purchasing goods from the Company's web site(s) then the
following additional terms and conditions apply to the above conditions:
(a) The Customer's statutory rights are not affected by anything in these conditions;
(b) The Company will notify the Customer in its acceptance of the Customer's order if the
delivery will take more than 30 days.
(c) The Customer will have a period of 7 working days after delivery when the Customer can cancel
the Customer's order for non-bespoke or goods that have not been made or prepared especially for the
Customer. If the Customer wishes to cancel its order for such goods then the Customer must notify
the Company in writing and return the goods to the Company, with seals unopened and in their original
packaging materials. Where the Customer has opened sealed goods the Customer will be deemed to have
accepted them and the Customer will not have a right to reject them. The Customer must return goods
that are cancelled to the Company at the Customer's own risk to the Company's address as set out above.
Refunds will be made for goods returned in good saleable condition within 30 days of the Customer's
cancellation less postage costs.
Where the Customer does not return the goods to the Company the Company may recover possession of them
from the Customer and charge the Customer the Company's costs of so doing. Orders for goods that are
bespoke or have been produced or prepared especially for the Customer cannot be cancelled. The Company
will identify such goods on its web site(s) or when the Company accepts any order from the Customer;
(d) Any contract that is created by the Company's acceptance of the Customer's order shall be stored
by the Company and copies will be accessible to the Customer upon the Customer's request. A charge may
be made for copies where this is permitted under relevant legislation;
(e) Prices quoted on www.dogsdelight.co.uk, are inclusive of VAT.
