Terms Of Sale
These Terms of Sale, and any documents referred to herein, set out the terms and conditions governing your purchase of any goods and/or services on or via our website, www.thepetcarefactory.com (our website). By purchasing goods and/or services on or via our website, you agree to be bound by, and to comply with the following Terms of Sale.
These Terms of Sale are effective from 25th April 2018
Please read these Terms of Sale carefully before you place an order for goods and services on or via our website. We recommend that you print off a copy of these Terms of Sale and any future versions in force from time to time for your records.
If for any reason whatsoever you do not agree to these Terms of Sale or do not wish to be bound by them, you must not purchase any goods and/or service on or via our website.
- These terms
- Information about us and how to contact us
- Our contract with you
- Our products
- Providing the products
- Your rights to end the contract
- How to end the contract with us (including if you have changed your mind)
- Our rights to end the contract
- If there is a problem with the product
- Price and payment
- Our responsibility for loss or damage suffered by you
- How we may use your personal information
- Other important terms
- Copyright, credit and logo
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or if you think any changes are required, please contact us to discuss.
2.1 Who we are. We are The Petcare Factory Limited a company registered in England and Wales. Our company registration number is 10423288 and our registered office is at 18 Church Street, Ashton Under Lyne, Lancashire, United Kingdom, OL6 6XE. Our registered VAT number is GB268182479.
2.2 How to contact us. You can contact us by e-mailing our customer service team using the email address firstname.lastname@example.org or by writing to us at our mailing address The Petcare Factory, PO Box 190, Normanton, WF10 9DD. Full details can be found on our Contact Us page.
2.3 How we may contact you. If we have to contact you we will do so by emailing you at the email address or postal address you provided to us in your order. Normally in the process of ordering products from us we will contact you once the order is placed through a confirmation email, once the order has been shipped, so that you know it is on its way, and finally we may send an additional email which contains information about the products you have purchased, together with an invoice for the order.
2.4 "Writing" includes emails
When we use the words “writing” or “written” in these terms, this includes emails.
3.1 How we will accept your order. Our acceptance of your order, placed on our website, will take place when we email you to confirm that it has been received, at which point a contract will come into existence between you and us. This order confirmation will also include an order number, information about when the order was placed, as well as a summary of the items purchased.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This is very unlikely but may be because the product is not available, because of unexpected limits on our resources which we could not reasonably plan for, because of a payment issue, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number for your order and tell you what this is when we confirm your order by email. This is clearly displayed in multiple places on the email in both the subject and body. It would be greatly appreciated if you can use this order number whenever you contact us about your order.
4.1 Products may vary slightly from their pictures. Any images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging used for the products may vary from that shown in images on our website.
5.1 Delivery costs. For all deliveries to addresses in the United Kingdom we offer free delivery which is sent 1st class. For any other deliveries which we offer we provide subsidised shipping which are clearly visible at the time of ordering. This will largely depend on the total shipping weight and the destination of the delivery.
5.2 When we will provide the products. For all authorised orders placed on our website we aim to dispatch these as soon as is reasonably possible. For orders placed in the UK, we send these 1st class, so in some cases may arrive next day. Please note that the delivery times are not guaranteed, they are just approximate times which have been given to us by the carriers we use. Although next day delivery is achievable to many postcodes, please allow 2-3 days for all orders, in particular those going to addresses located in Northern Ireland, the Scottish Highlands and off-shore locations. Once items are passed over to the carrier we cannot control any delays in their network due to unforeseen external factors, such as bad weather.
We ship orders every day from Monday through to Friday, and any orders placed before 1pm will generally be shipped on that day, unless this falls on a public holiday. Orders placed after the 1pm cut-off will be dispatched on the following working day. Please note that we don't generally ship items over the weekend, so orders placed after 1pm on Friday, or on Saturday and Sunday, will not be dispatched until the following Monday. When order are placed on our website we decide the best method of fulfilling your order so that it is delivered to you as soon as possible. This normally means that the order is shipped from one of our own warehouses, but we may decide in some cases to use one of our alternative fulfilment networks. For example, we sell many of our products through Amazon and store high levels of inventory in their UK fulfilment centres. Certain orders, placed on our website, may be shipped directly from one of these secondary sources, in order to prevent delays in receiving your order. This may mean that the outer protective packaging, used for shipping, may have unexpected branding printed on it.
5.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will try to contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a full refund for any products you have paid for but not received.
5.4 Collection by you. We are not able to offer any type of collection service from any of the locations where we hold stock.
5.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our carrier should leave you a card informing you of how to rearrange delivery or collect the products from a local depot or post office.
5.6 If you do not re-arrange delivery. If you do not collect the products as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 8.2 of the terms of sale will apply.
5.8 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods.
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances).
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
5.9 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Clause 5.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
5.10 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under Clause 5.8 or Clause 5.9, you can cancel your order for any of the goods or reject goods that have been delivered. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must post them back to us or allow us to make arrangements to collect them from you. We will pay the costs of postage or collection. Please email us at email@example.com to arrange a collection.
5.11 When you become responsible for the goods. A product which is goods will be your responsibility at the time of delivery to you, or if you fail to take delivery, the time when we tried to deliver your order.
5.12 When you own the goods. You own a product which is goods once they have been successfully delivered and we have received payment in full. Products which are supplied are not for resale and we hold no responsibility for handling any returns or disputes for goods sold through a third party, as we have no contract with you.
5.13 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, an accurate and complete delivery address. If this information is not available, or is incorrect, at the time of ordering, we will attempt to contact you to ask for this information by email. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the required information we need within a reasonable time of us asking for it. As we contact customer by email and send updates about orders by this method, it is important to supply a valid email address when placing your order.
6.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought from us on our website is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see Clause 9.
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 6.2.
(c) If you have just changed your mind about the product, see Clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs involved in returning any goods.
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see Clause 6.7.
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in cases (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to.
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed.
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control.
(d) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see Clause 5.8).
6.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). The Consumer Contracts Regulations 2013, which came into force on 13 June 2014 and replaced the Distance Selling Regulations, give you a number of key cancellation rights when you enter into contracts at a distance, such as when you make a purchase online. These cancellation rights are more generous than if you bought goods or services directly from a high street shop. You have a legal right to change your mind and cancel an order within a certain time period and receive a refund. This period starts the moment you place your order and ends 14 days from the day you receive your goods.
6.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) products where you have changed your mind after the 14-day cooling-off period.
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
(c) any products which become mixed inseparably with other items after their delivery.
6.5 How long do I have to change my mind? As a consumer you have 14 days after the day you (or someone you nominate) receives the products, unless:
(a) Your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
(b) Your products are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the products.
6.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see Clause 6.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for products is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email us at firstname.lastname@example.org. Please provide your name, address, details of your order (including your order number and when you ordered or received it), confirming that you wish to cancel the contract.
(b) Online by completing the contact form on the Contact Us page. Please provide your name, address, details of your order (including your order number and when you ordered or received it), confirming that you wish to cancel the contract.
(c) By post using the address The Petcare Factory, PO Box 190, Normanton, WF10 9DD. Please provide your name, address, details of your order (including your order number and when you ordered or received it), confirming that you wish to cancel the contract.
7.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at The Petcare Factory, PO Box 190, Normanton, WF10 9DD. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. Please ensure the products are packaged adequately to prevent damage in transit.
7.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
7.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
7.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund amount (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount to cover this.
(b) The maximum refund for any delivery costs if these have been incurred, will be the costs of delivery by the least expensive delivery method.
7.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see Clause 7.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that a payment is due.
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products to you, for example, a valid delivery address.
(c) you do not, within a reasonable time, allow us to deliver the products to you.
(d) you are buying products from us with the aim of reselling these on other platforms.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you an appropriate amount of compensation for the net costs we will incur as a result of your breaking the contract.
8.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
9.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email our customer service team at email@example.com or write to us at The Petcare Factory, PO Box 190, Normanton, WF10 9DD.
9.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or allow us to collect them from you. Please email us at firstname.lastname@example.org to make suitable arrangements.
10.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the product listing pages on the website. The total price you will need to pay for your goods and/or services will be confirmed to you at the point when you place your order at the checkout stage. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 10.3 for what happens if we discover an error in the price of the product you order. We may change the prices quoted for our goods and services displayed on our website from time to time.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
10.4 When you must pay and how you must pay. We have a couple of options available for paying for goods and services on our website. We use Stripe for our online payment processing and they can accept all major debit and credit cards. Additionally, we also allow payments to be made using PayPal.
(a) For goods, you must pay for the products before we dispatch them. If your card is authorised, payment will be taken immediately, and you will receive a confirmation email to say that your order has been successful.
(b) For any digital content, you must pay for the products before you are able to download them.
10.5 What to do if you think an invoice is wrong. After your order has been dispatched, we will normally email an invoice to the address specified at the time of placing the order. If you think an invoice is wrong please contact us promptly to let us know with details of the order (including the order number). You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
11.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.2 We take care of your information, and we will never disclose personal data to any third parties, unless we have a legal obligation to do so.
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
13.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant product.
13.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in Clause 13.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if there is a delay from us enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
14.1 The copyright in these Terms of Sale is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere on our website, including any content on our website, are reserved.