TERMS AND CONDITIONS OF ONLINE SUPPLY
, and any product specific terms and conditions relating to particular goods and services (Product Terms) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the goods and services (Products) listed on our website (our site) to you, and also the legal terms and conditions governing your use of our site.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it (including, for the avoidance of doubt, the Product Terms).
Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 8th November 2012.
These Terms, and any Contract between us, are only in the English language. 1. INFORMATION ABOUT US
1.1 We operate the website located at www.vets4pets.com
We are Vets4Pets Limited, incorporated and registered in Guernsey with company number 38174 whose registered office is at Vets4Pets Support Centre, Les Merriennes, St Martins, Guernsey, GY4 6NS. Our main trading address is Vets4pets lined (05055601), Old School house, Lower Town Street, Bramley, Leeds, LS13 4BN.
1.2 We are a limited company.
1.3 Our vets are regulated by the Royal College of Veterinary Surgeons.
1.4 To contact us, please visit our Contact Us
page. 2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Where the Products are goods, rather than services, the Products and the packaging of those Products may vary slightly from the images on our site.
2.2 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is no longer available and we will not process your order if made. 3. USE OF OUR SITE
Your use of our site is governed by the terms set out in clauses 16 to 24 below. Please take the time to read these, as they include important terms which apply to you. 4. HOW WE USE YOUR PERSONAL INFORMATION
. Please take the time to read these, as they include important terms which apply to you. 5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
5.3 We will confirm our acceptance to you by sending you an e-mail to confirm that your order has been accepted (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
5.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 10.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible. 6. OUR RIGHT TO VARY THESE TERMS
6.1 We may revise these Terms from time to time.
6.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
6.3 Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page. 7. YOUR RIGHT OF CANCEL AND APPLICABLE REFUND
7.1 Without prejudice to your statutory rights under the distance selling regulations, including your 7 working day cancellation period, before we begin to provide a Product comprising services or deliver any Products which are goods, you have the following rights to cancel an order for such Products, including where you choose to cancel because we are affected by an Event Outside Our Control or we change these Terms under clause 6 to your material disadvantage:
(a) You may cancel any order for Products which are goods at any time before we dispatch the goods to you, and may cancel any order for a Product comprising services prior to the commencement of the services, by Contacting Us
. We will confirm your cancellation in writing to you.
(b) If you cancel an Order under clause 7.1(a) and you have made any payment in advance for services that have not been provided to you, or goods that have not been delivered to you, we will refund these amounts to you.
(c) However, if you cancel an order for services under clause 7.1(a) and we have already commenced the provision of the services by that time (provided that if this commencement is within the 7 working day cancellation period referred to above and you have been made aware of and/or have consented to the commencement of such services in advance), you will pay us any costs we reasonably incurred for services already provided, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an order because of our failure to comply with the Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.
(d) Unfortunately, if you cancel an order for goods under clause 7.1(a) and we have already despatched your goods to you, we will not be able to cancel your order until it is delivered or collected (as the case may be). In this case, if you return the goods to us, we will have to charge you the cost of collection or you will have to pay the cost of returning the goods back to us. This will not affect your refund for the goods, but any charge for collection will be deducted from the refund that is due to you.
7.2 The specific Product Terms relating to your Product may also contain additional rights of termination which enable either you or us, or both, to terminate the Contract in certain circumstances. Please read the Product Terms carefully. 8. DELIVERY
8.1 Your order will be fulfilled by the estimated delivery date (if any) set out in the Order Confirmation, in the Product Terms, or otherwise agreed with you, unless there is an Event Outside Our Control. If we are unable to meet any estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
8.2 Where the Products are goods, Delivery will be completed when we deliver the Products to the address you gave us. Where the Products are services, Delivery will be completed when the services have been performed.
8.3 Where the Products are goods:
(a) The Products will be your responsibility from the completion of delivery.
(b) You own the Products once we have received payment in full, including all applicable delivery charges. 9. NO INTERNATIONAL DELIVERY
9.1 Unfortunately, we do not deliver to addresses outside the UK.
9.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK. 10. PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 10.4 for what happens in this event.
10.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
10.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price. 11. HOW TO PAY
11.1 You can only pay for Products using a debit card or credit card. We do not accept the following cards: American Express, diners cards, Maestro Europe. We reserve the right to turn down any card payment at our discretion.
11.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order. 12. IF THERE IS A PROBLEM WITH THE PRODUCTS
12.1 In the unlikely event that you encounter a problem with the Products:
(a) please Contact Us
and tell us as soon as reasonably possible;
(b) please give us a reasonable opportunity to remedy the problem; and
(c) we will use every effort to remedy the problem as soon as reasonably practicable.
12.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights. 13. OUR LIABILITY TO YOU
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
14. EVENTS OUTSIDE OUR CONTROL
14.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. 15. COMMUNICATIONS BETWEEN US
15.1 When we refer, in these Terms, to "in writing", this will include e-mail.
15.2 If you wish to contact us:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 7, you must contact us in writing by sending an e-mail (link to contact us) or by sending a letter to Vets4Pets Support Centre, Les Merriennes, St Martins, Guernsey, GY4 6NS. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
(b) for any other reason, please use the contact details set out on our Contact Us
15.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order. We may also contact you by telephone if you have provided us with a contact telephone number. 16. PRESCRIPTION PHARMACEUTICALS
The Products sold on our site are for specifically appointed consultations with a qualified veterinary who may treat animals with prescription or non-prescription medication as they deem fit. Your order for Products does not constitute a prescription or guarantee prescription medication for your animal. All prescriptions are carried out in local practise after consultation by a veterinary surgeon as required by the Royal College of Veterinary Surgeons (RCVS) and the Department of Environment Food and Rural affairs (DEFRA). 17. ACCESSING OUR SITE
17.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
17.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
17.4 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them. 18. INTELLECTUAL PROPERTY RIGHTS
18.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
18.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
18.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
18.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
18.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Save in respect of information which we post on our site relating to specific Products, the information contained on our site is intended for information and reference purposes only. Whilst we take every care to ensure that the information on our site is accurate and complete, it should not be relied upon as a replacement for seeking advice from a qualified veterinary surgeon. We do not accept liability whatsoever of any kind for the information contained in this website or for any assumed pet care, diagnosis or treatment made from the information given. 20. OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
21. VIRUSES, HACKING AND OTHER OFFENCES
21.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
21.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
21.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. 22. LINKING TO OUR SITE
22.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
22.2 You must not establish a link from any website that is not owned by you.
22.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. 23. LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 24. TRADE MARKS
Vets4Pets, Putting Your Pet First, and the Vets4Pets logo are trade marks protected by UK and/or Community trade mark registrations. 25. OTHER IMPORTANT TERMS
25.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
25.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
25.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
25.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
25.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
25.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
25.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
25.8 We will not file a copy of the Contract between us.