1 – OWNERSHIP & INTELLECTUAL PROPERTY
1.1 – The Website is owned and operated by us, The Pet Centre Newquay Limited, a company registered in England and Wales under company number 10849116. Our VAT number is 316 7544 94. Our registered office is The Pet Centre Newquay, 28-30 East Street, Newquay, Cornwall, England, TR7 1BH.
1.2 – The copyright and all other intellectual property rights in and to the Website and any and/or all of the material on the Website are either owned by us or are included with the permission of the owner of the rights. As a visitor to the Website, you may download a single copy of each piece of material contained on the Website for your own private viewing purposes only, provided you keep intact all and/or any proprietary notices.
1.3 – No licence is granted to you in these Terms and Conditions to use any trade mark whether registered or unregistered of either The Pet Centre Newquay Limited.
2 – YOUR ACCOUNT
2.1 – If you use the Website, you are responsible for (1) maintaining the confidentiality of your account and your password and (2) restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner.
2.2 – You must ensure that the details provided by you on registration at the Website or at any time are correct and complete.
2.3 – You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in your “My Account” section.
2.4 – On the Website, we sell products for purchase only by people aged 18 or over. People aged under 18 may use the Website only with the involvement and supervision of a parent or guardian. The parent or guardian is required to accept these Terms and Conditions and place any orders for the person aged below 18. By using the Website you agree you are aged 18 or over.
3 – WEBSITE INFORMATION & AVAILABILITY
3.1 – Whilst we take every care to ensure that the information on the Website is accurate and complete, some of it may be supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. We do not accept any liability arising from any inaccuracy or omission in any and/or all of the information provided on the Website or interruption in availability.
3.2 – If a fault occurs in the service of the Website, you should report it to: email@example.com.
3.3 – Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
3.4 – Your attention is drawn to the following information in particular:
3.4.1 – While we do our very best to ensure that the ingredients, feeding guides and analyses information is kept up to date, there may be occasions where a manufacturer has changed their recipe and this has not yet been reflected in the information on our product pages. Please always refer to the product packaging upon receipt of your order for the fullest and most up to date copy of the product’s ingredients.
3.4.2 – Suitable Breeds. We understand that when shopping online, it may be difficult to visualise the actual size of an item, even where approximate product dimensions have been provided. We have therefore provided where possible, a list of potentially suitable breeds for many of our products. Due to the sheer number of breeds of Dog in the UK, this list is a guide only and is by no means meant to be definitive. This guide is based on a breed’s generic size and attributes. Each pet is an individual and therefore, while a product may generally be suitable for a certain breed type, it may not be suitable for certain individual pets. Therefore, upon receipt of your order, please ensure that you are confident that the product(s) you have purchased will in fact be suitable for your pets unique individual requirements.
4 – PROMOTIONS, VOUCHERS & COMPETITIONS
4.1 – From time to time, we (or selected third parties) may include competitions, promotions, vouchers or other offers on the Website. Each such offer and or voucher shall be subject to its own express terms, however, each offer or promotion will be subject to availability at all times. Your statutory rights are not affected.
4.2 – Coupons, discounts and promotional discount codes (including any price match policy) offered in our physical stores are valid only for use as part of a purchase made in our physical stores unless otherwise stated and are subject to their own express terms.
4.3 – Coupons, discounts and promotional discount codes (including any price match policy) offered on our website are valid only for use on our website unless otherwise stated.
5 – LIMITATIONS
5.1 – You may not use the Website for:
5.1.1 – Transmitting any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
5.1.2 – transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice;
5.1.3 – gaining unauthorised access to other computer systems;
5.1.4 – interfering with any other person’s use or enjoyment of the Website;
5.1.5 – breaching any laws concerning the use of public telecommunications networks;
5.1.6 – interfering or disrupting networks or websites connected to the Website; or
5.1.7 – making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
5.2 – We reserve the right to refuse to post material on the Website or to remove material already posted on the Website.
5.3 – You fully indemnify us against any and/or all losses, liabilities, costs and/or expenses reasonably suffered or incurred by us, any and/or all damages awarded against us under any judgment by a court of competent jurisdiction and any and/or all settlements and sums paid by us as a result of any settlement reasonably agreed by us arising out of or in connection with:
5.3.1 – any claim by any third party that the use of the Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
5.3.2 – any claim by any third party that the use of the Website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and/or
5.3.3 – any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by you.
6 – RIGHT TO SUSPEND OR CANCEL YOUR REGISTRATION
6.1 – We may suspend or cancel your registration to the Website immediately or restrict or prevent your access to the Website at our reasonable discretion if you breach any of your obligations under these Terms and Conditions.
6.2 – You can cancel this agreement at any time after giving us prior notice in writing. If you do so, you must stop using the Website.
6.3 – The suspension or cancellation of your registration to the Website and/or your right to access and/or use the Website shall not affect either party’s rights or liabilities.
7 – ORDERING GOODS
7.1 – All orders placed through the Website will be subject to our acceptance of the order.
7.2 – When you submit an order to us on the Website, you will receive an email from us acknowledging your order (“Acknowledgement Email”). You should check this email for accuracy and let us know immediately if there are any errors. Please note that the Acknowledgement Email does not mean that your order has been accepted. Your order constitutes an offer to us to buy goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms the goods have been dispatched to you (the “Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation” (“Contract”). Title to the goods will pass to you on delivery to you provided payment has been made in full. The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such goods has been confirmed in a separate Dispatch Confirmation.
7.3 – Where you have used a promotional code to obtain a discount off the price of your order, acceptance of this order is subject to our verifying that the code has been issued to you personally and that you have complied with all the terms of the offer and qualify for the promotional code. In the event that the code has not been issued to you for your personal use, or you do not qualify for the promotion, the price of the order will be adjusted notwithstanding any email confirmation which you receive. Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.
8 – PRICING, PAYMENT & PROCESSING YOUR ORDERS
8.1 – The price of any goods will be as quoted on the Website from time to time, except in cases of obvious error. Subject to condition 8.4 below, in the event of obvious inaccuracies in the prices quoted on the Website, we reserve the right not to fulfil and/or to cancel any orders placed by you in reliance on the inaccurate prices.
8.2 – Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.3 – Payment for all goods, either by credit or debit card, will be taken from your card at the time we receive your order, once we have checked your card details and stock availability. Any payment made to us will be refunded if we do not accept your order.
8.4 – Whilst it is our intention to keep the Website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.
8.5 – All prices shown on the Website are inclusive of VAT. Delivery charges are clearly highlighted throughout the Website.
8.6 – Where we accept payments from third party payment gateways they will be subject to that party’s own terms and conditions, you will acknowledge and accept this before continuing with your payment.
9 – AVAILABILITY & DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances such as a Force Majeure Event (see condition 16 below).
10 – CONSUMER RIGHTS
10.1 – If you are contracting as a consumer, you may cancel any Contract between us at any time within 28 days, beginning on the day after you received the goods. In this case, you will receive a full refund of the price paid for the goods in accordance with our refunds policy set out in condition 11 below. This is in addition to your statutory rights. If you are unhappy with the goods you have received or don’t believe that they reflect those you Contracted with us for then please contact us immediately as we have a duty to ensure you receive the goods you contracted with us for.
10.2 – To cancel any Contract between us, you must immediately contact us and return the goods to us in accordance with condition 11 below. You may write to us or email us at: firstname.lastname@example.org.
11 – RETURNS POLICY
11.1 – When you return a product to us pursuant to condition 10 above (in addition to your statutory rights):
11.1.1 – and where the goods are not defective, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day that we receive the goods in question back from you or you provide evidence to us that you have returned the goods to us. In this case, we will refund the price of the goods in full together with the original delivery charge (provided you return the full order to us), but not the costs you incur in returning the item to us; or
11.1.2 – because you claim that the goods are defective, we will examine the returned goods and will notify you of your refund by either post, telephone or email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you that you were entitled to a refund for the defective goods. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
11.2 – Please ensure that you return goods to us within 14 days of your cancellation of the Contract. This does not affect your statutory rights where the goods are faulty or not as described.
11.3 – In the case of returns pursuant to condition 11.1.1 above, i.e., returns of non-defective goods, , We may also reduce the amount of money refunded to you where you have used the goods beyond the handling that is necessary for you to make sure the goods are as you expected, for example the handling you would do in a shop. This is in accordance with your statutory rights.
11.4 – We are unable to offer a refund on personalised, custom made or made-to measure goods made to your specification (such as pet id tags) unless the goods are defective. If you claim the goods are defective, we will examine the goods and condition 11.1.2 will apply.
11.5 – Unless we have agreed otherwise, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.
12 – RISK & TITLE
12.1 – The goods will be at your risk from the time of delivery.
12.2 – Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.
13 – OUR LIABILITY
13.1 – We warrant to you that any goods purchased from us through the Website are of satisfactory quality and reasonably fit for the purposes for which products of such kind are commonly supplied.
13.2 – We shall not be responsible to you or any third party whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non performance of our obligations under these Terms and Conditions, including such damage as may be reasonably foreseeable at the date you order the goods.
13.3 – If you are contracting as a business, our liability for any claim for loss or damage shall be limited to the purchase price of the goods you purchased.
13.4 – If you are contracting as a consumer, our liability for any claim for loss or damage shall be limited to three times the purchase price of the goods you purchased.
13.5 – Nothing in these Terms and Conditions shall exclude or restrict our liability:
13.5.1 – for death or personal injury caused by our negligence;
13.5.2 – under section 2(3) of the Consumer Protection Act 1987;
13.5.3 – for fraud or fraudulent misrepresentation; or
13.5.4 – for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13.5.5 – Nothing in these Terms shall exclude or limit The Pet Centre’s liability for losses which may not be lawfully excluded or limited by applicable law.
13.5.6 – The Pet Centre Newquay shall not be liable for any loss, claim, damage, nor any indirect, special, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of (a) the use of, or inability to use, this site or content found in this site, or (b) the unauthorised access to or alteration of your transmissions or data, even if We have been advised of the possibility of such damages unless resulting from the gross negligence or intentional actions of Us.
14 – WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15 – NOTICES
All notices given by you to us must be given to The Pet Centre Newquay Limited at The Pet Centre Newqauy, 28-30 East Street, Newquay, Cornwall, England, TR7 1BH. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in condition 14 above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
16 – EVENTS OUTSIDE OF OUR CONTROL
16.1 – We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
16.2 – A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 – strikes, lock-outs or other industrial action;
16.2.2 – civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
16.2.3 – fire, explosion, inclement weather, including storms, flood, earthquake, subsidence, epidemic or other natural disaster;
16.2.4 – inability of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
16.2.5 – impossibility of the use of public or private telecommunications networks; or
16.2.6 – Systems affected as a result of computer hacking or virus;
16.2.7 – the acts, decrees, legislation, regulations or restrictions of any government.
16.3 – Our performance under any Contract between us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will endeavour to bring the Force Majeure Event to a close or to find a solution by which our obligations under any Contract between us may be performed despite the Force Majeure Event.
16.4 – Whilst we will do everything we can to ensure delivery times are met, when a third party courier is instructed to deliver your goods on our behalf we are unable to control the operation of their business or any events outside of their control. When such events happen we will be in constant contact with the courier and trying to resolve matters while keeping you informed with regular updates.
17 – WAIVER
17.1 – If we fail, at any time during the term of any Contract between us, to insist upon strict performance of any of your obligations under any Contract between us or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under any Contract between us, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 – A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 – No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 14 above.
18 – GENERAL TERMS & CONDITIONS
18.1 – The use of the Website and any Contracts formed between us are governed by English law. Any dispute arising from, or related to, such use and any such Contracts shall be subject to the exclusive jurisdiction of the courts of England. We make no promise that materials on the Website are appropriate or available for use in locations outside the United Kingdom and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
18.2 – A person who is not a party to these Terms and Conditions or any Contract between us shall have no right to enforce any term of the Terms and Conditions and/or any and/or all Contracts between us under the Contracts (Rights of Third Parties) Act 1999.
18.3 – If any provision of these Terms and Conditions or any provisions of any Contract between us are found to be invalid, unlawful or unenforceable by a court to any extent, such provision will to that extent be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
18.4 – We may assign, charge or transfer any of our rights or subcontract any of our obligations under these Terms and Conditions or any Contract to any third party at any time.
18.5 – You may not assign, charge or transfer any of your rights or subcontract any of your obligations under these Terms and Conditions and/or any Contract between us except with our specific prior permission in writing.
18.6 – We reserve the right to revise and amend these Terms and Conditions from time to time and any such changes will be communicated on the Website. You will be subject to the policies and the Terms and Conditions in force at the time that you order goods from us, unless any change to those policies or the Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the goods). If you do not wish to accept the new Terms and Conditions, you should not continue to use the Website. If you continue to use the Website after the date on which the changes come into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.
18.7 – These Terms and Conditions govern the entire trading relationship between ourselves and you and will remain in force for the duration of our trading relationship.
18.8 – We will endeavour to verify the accuracy of any product or pricing information which we place on the Website, but we make no warranties or guarantees (whether express or implied) in relation to the accuracy of such information. You must bear the risk associated with the use of the Internet.
20 – SUBSCRIPTIONS ADDITIONAL TERMS
These terms & conditions are in addition to those set out in conditions 1 through 18.
20.1 – SUBSCRIPTION SERVICE
20.1.1 – Your Subscription Service is with The Pet Centre Newquay Limited, 28-30 East Street, Newquay, Cornwall, England, TR7 1BH (company registered number 10849116).
20.1.2 – Your Subscription Service is only available through the www.thepetcentrenewquay.co.uk Website and is not available in-store unless otherwise stated.
20.1.3 – The Subscription Service applies to certain Products sold by The Pet Centre Newquay as indicated on the Website by “available for subscription”.
20.1.4 – The Subscription Service is available to UK residents aged 18 and over only.
20.2 – HOW TO SIGN UP
20.2.1 – You need to register for an account be signed in to add Products to your Subscription.
20.2.2 – Your Subscription Service is personal to you and you may not assign or transfer your Subscription Service or any of the benefits associated with it to any third party.
20.2.3 – You may only use Subscriptions for household purposes. Customers purchasing Products for business use or for resale purposes may not use Subscriptions and we reserve the right to cancel any business orders without notice. Subject to availability, there is no upper limit on the number of different Products you may subscribe to under the service.
20.2.4 – To sign up to Subscriptions select the Product and change the frequency from “One time” to one of the given frequencies.
20.2.5 – Frequencies offered on each Product eligible for the Subscription Service may vary from other Products, we reserve the right to make amendments at any time and will notify you if such an amendment would affect an existing Subscription.
20.2.6 – Product details (including price, discount and availability) may change over time and each Product (your order will be subject to the then applicable Subscription and Product details. We recommend that you regularly check the Website for details of Products included in your Subscriptions (including applicable price, discount and availability).
20.2.7 – Once you have signed up to regular deliveries for a Subscription Product, Products will be ordered and delivered automatically at the delivery frequency chosen by you at the time of making your Subscription order. Unless you wish to change your Subscription Service, no further action is required by you.
20.2.8 – Before each Subscription Product order is dispatched to you, you will receive an email confirming that we are preparing your order (“Advanced Notification Email”). The Advanced Notification Email is sent prior to the intended delivery date of your repeat order and will include details of your order and instructions for how you can cancel or amend the order if you wish to do so. You will be sent a further email confirming your order (“Order Confirmation Email”). Payment for your order will be taken by your chosen payment method at the time of issue of the Order Confirmation Email. You will also be sent an e-mail at the address associated with your account confirming to you that we have dispatched the Subscription Product to you (“Dispatch Confirmation”).
20.2.9 – Each repeat order from your Subscription constitutes a separate offer from you to purchase the Product(s). The contract for each order shall be concluded when the product is dispatched to you and you receive a Dispatch Confirmation.
20.3 – PRODUCT AVAILABILITY & DISCONTINUED PRODUCTS
20.3.1 – If any Product is not available either generally or due to it having been discontinued or removed as a Subscription Product, we reserve the right to amend your Subscription order to include a suitable replacement (including alternative bag sizes). You will be notified of any change. If you do not wish to accept this replacement or continue with your order or your Subscription, you may amend your order or Subscription Service or cancel your Subscription Service in accordance with these Additional Terms.
20.3.2 – Please contact us by writing or emailing at: email@example.com if you are not happy with the substitute Subscription Product you receive.
20.3.3 – In the event the Subscription Product you have ordered is out of stock or discontinued, our Customer Services team will contact you to discuss your options.
20.4 – CANCELLATION OR MODIFICATION OF YOUR SUBSCRIPTION SERVICE
20.4.1 – Once you have placed an order for the Subscription Products, your Subscription Service will continue unless or until it is cancelled or modified by either of us in accordance with these Additional Terms.
20.4.2 – You may cancel or modify your Subscription Service at any time by updating the Subscriptions section of your My Account section on the Website. Cancellation or modification will not affect Product orders for which you have already received a Dispatch Confirmation.
20.4.3 – If you cancel your Subscription Service, you will only be charged for the Product orders dispatched to you and no further orders for that Product will be dispatched by us.
20.4.4 – We retain the right to cancel or amend your Subscription Service at any time. If your Subscription Service is cancelled, you will be notified and you will only be charged for Product orders for which you have already received a Dispatch Confirmation.
20.4.5 – Following any cancellation, if you reactivate your Subscription Service, any associated benefits or Product prices that were in effect prior to cancellation may differ. The new benefits or prices will be applied to your future orders of the Subscription Product.
20.4.6 – If any problem arises with your delivery address, opted payment method or any other information that would negatively impact your Subscription Service we will notify you via e-mail using the e-mail address associated with your Subscription Service and any orders will be automatically placed on hold. No additional Product orders will be processed or dispatched until the problem is resolved.
20.5 – DELIVERY
20.5.1 – You may choose and amend your chosen delivery schedule at any time by editing the frequency option in the Subscriptions section of your My Account section on the Website.
20.5.2 – You may choose to pause your Subscription Service at any time prior to us issuing an Order Confirmation Email.
20.5.3 – Delivery of Products subject to any Subscription Service is subject to the delivery terms set out on the Product at the time of the initial order. We reserve the right to make any changes to this with written notice to the email address associated with you Subscription Service account.
20.5.4 – If you change your address, you must update your address details in the Subscriptions section of your My Account section on the Website to ensure the future orders are sent to the correct address. We do not accept liability for any failure of Product to be delivered to you in circumstances where you have provided incorrect delivery address details or failed to update your delivery address details.
20.5.5 – Please report any lost products by emailing us at: firstname.lastname@example.org within 7 days of expected delivery.
20.6 – PRICE, PAYMENTS & APPLICATION OF DISCOUNTS
20.6.1 – For each order, you will be charged the current list price (including VAT where applicable) of each Product on the day your order is processed, as detailed in the Order Confirmation, less the applicable discount to be applied to that Subscription Service.
20.6.2 – Any Product discount you receive will be the discount applicable to the Product at the time your order is processed, as detailed in the Order Confirmation. Temporary discounts and time limited or special offers only apply to Product orders placed while that discount or offer is available. Please note that Subscription Service cannot be provided in conjunction with any other offer unless otherwise stated.
20.6.3 – By subscribing to the Subscription Service, you agree that we will charge you for all future orders under the original parent order until such time that it has been cancelled by either of us as set out in these terms & conditions.
20.6.4 – The price of each Subscription Service Product order will be charged to the payment method used to create your initial Subscription order. If we are unable to complete your Product order using the payment method you used to create your initial Subscription order or otherwise indicated by you, we may attempt to take payment again at a future date. When giving your initial payment details or updating your payment details you authorise us take payment with the method we have on record for you and to charge that payment method for your Product order. If payments continue to fail with the payment method on we have on record for you and we are unable to make contact with you to update the payment method we reserve the right to cancel your Subscription Service.
20.6.5 – We will take payment for the first Subscription order of your chosen Subscription Product when you first subscribe to the Subscription Service. Subsequent payments will be deducted from your chosen payment method on issue of an Order Confirmation Email to you.
20.6.6 – If your Subscription Service is cancelled for any reason you shall be liable to pay us for all Subscription orders of Product subject to an Order Confirmation. If the cancellation of your Subscription Service occurs before issue by us of an Order Confirmation, you will not be charged for that order. You must pay all charges until your Subscription Service is cancelled in accordance with these Additional Terms. We will not refund charges paid or payable by you except in the case of our administrative error or as otherwise provided for in these Additional Terms.
20.6.7 – When payment is taken through third party payment providers please be aware you are also subject to their own terms and conditions.
20.7 – LIMITATION OF LIABILITY
20.7.1 – Without prejudice to the limitation of liability set out in our Terms & Conditions and to the maximum extent allowed by applicable law, our liability to you in connection with Your Subscription will not in any circumstances exceed the amount of the charges actually paid by you in connection with the Subscription orders subject to the relevant claim or dispute.
20.7.2 – Nothing in these Additional Terms is intended to limit or exclude your statutory rights as a consumer.
20.7.3 – We shall not be liable for any banking charge incurred in connection with your selected payment method.
20.7.4 – We do not guarantee the availability of any Product.
20.7.5 – Nothing in this paragraph is intended to restrict or exclude our liability for fraud, death or personal injury to any person caused by our negligence, or otherwise exclude any liability which may not be excluded by law.
20.8 – SUBSCRIPTION SERVICE RETURNS
If you wish to return a Subscription Service order please refer to our Returns Policy set out in condition 11.
20.10 – YOUR RESPONSIBILITIES
20.10.1 – If your personal details change, you must notify us of such changes immediately.
20.10.2 – You are responsible for informing us if your pet is sensitive or allergic to Product and for ensuring the information you give us about you and your pet is accurate and up to date.
20.11 – GENERAL TERMS & CONDITIONS
20.11.1 – These Additional Terms are subject to English law. In the event of any dispute arising in connection with these Terms or the Subscription Service, the English Courts shall have exclusive jurisdiction over such dispute.
20.11.2 – These Additional Terms supplement, and should be read in conjunction with, our General Terms & Conditions set out in condition 18. If any term in these Additional Terms conflicts with the Terms & Conditions, these Additional Terms will prevail.
20.11.3 – Failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
20.11.4 – If any provision of these Additional Terms or any provisions of any contract between us are found to be invalid, unlawful or unenforceable by a court to any extent, such provision will to that extent be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
20.11.5 – We may assign, charge or transfer any of our rights or subcontract any of our obligations under these Additional Terms or any contract to any third party at any time.
20.11.6 – You may not assign, charge or transfer any of your rights or subcontract any of your obligations under these Additional Terms and/or any contract between us except with our specific prior written permission in writing.
20.12 – AMENDMENTS TO THESE ADDITIONAL TERMS
We reserve the right to amend these Additional Terms from time to time for any reason including for legal or regulatory reasons or to allow the proper operation of the Subscription Service. Any such amendment may be made by way of updating these Additional Terms and posting the amended Additional Terms on the Website. Your continued participation in the Subscription Service constitutes your acceptance of those amendments. If you do not agree to any changes to these Additional Terms, you must cancel your Subscription Service. Details on how to cancel your Subscription Service are set out in condition 20.4.
21 – COMPLAINTS PROCEDURE
Whilst we are committed to doing all in our power to offer the best possible consumer experience we can, we understand that sometimes you may feel disappointed with our level of service. In recognition of this we have a simple 3 step complaints procedure which aims to deal with any issues promptly and thoroughly and reach a conclusion that pleases all parties involved.
Should you wish to raise a complaint with us please take the following steps:
Step 1: Talk To Us
We are always open to receiving feedback so the first step in our complaints procedure is simply to talk to us. We aim to close most of our open complaints at this step, it allows for quick and informal conversation that should resolve any issues you may be having.
The quickest way for you to reach us is through our Live Chat which is available Monday to Saturday between 8am and 6pm.
Other ways of reaching us are;
By telephone – 01637 850 900
By email – email@example.com
Or finally by sending a letter to – The Pet Centre Newquay, 28-30 East Street, Newquay, Cornwall, TR7 1BH
Please include your full contact details inclduing; name, postal address, email address, at least one telephone number and let us know your preferred contact method.
We aim to investigate and reply to all complaints within 48 hours, although some cases may take a little longer but we will do our best to keep you informed.
Step 2: Escalation
If you are not satisfied with the outcome in Step 1 then you may request that your complaint is escalated.
In this Step your complaint will reach our senior management who will look over your complaint along with all of the accompanying information and reassess the case and may decide on a different outcome than you originally received in Step 1. (Please note – escalating your case to Step 2 doesn’t always result in a different outcome).
Please allow a further 96 hours for this Step.
Step 3: Independent Help & Advice
While we will do all that we can do resolve your complaint before this stage there is still a small chance that you may remain unhappy with our outcome or we were unable to reach a resolution.
In this case you may wish to seek independent help and advice. Your local Citizens Advice Bureau may be able to assist you or point you in the right direction to seek independent help.