Terms And Conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you
are not sure about anything, just phone us on 0161 464 4171.
- These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
- Pet Flaps Limited trading as Pet Flaps UK of 20 Swan Street, Manchester, Greater Manchester, M4 5JW with email address [email protected]; telephone number (0161 464 4171); (the Supplier or us or we).
- These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Services;
- Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Invoice;
- Goods means any goods that we supply to you and includes Services, of the number and description as set out in the Invoice;
- Order means the Customer’s order for the Services from the Supplier as set out in the Customer’s Invoice or in the Customer’s acceptance of the Supplier’s Quotation;
- Services means the services, including any Goods, of the number and description, set out in the Invoice.
- The description of the Services and any Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied.
- Goods may be supplied to in our capacity as a facilitator of supply on behalf of the manufacturer or retailer and it is your responsibility to satisfy yourself that the goods are fit for purpose; any subsequent dissatisfaction with such Goods to be taken up with the manufacturer or retailer.
- In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Services are subject to availability.
- We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
- Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Basis of Sale
- The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.
- When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay
- A Contract will be formed for the Services ordered, i) only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier’s delivery of the Services to the Customer and ii) When the Customer has sent an email confirming acceptance of the terms of the supply of the order.
- Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier’s business premises, at the usual residential place of the Customer, or by telephone and/or exchange of correspondence either by mail or email. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law.
Fees and Payment
- The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our invoice provided to the Customer. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
- Payment for Services must be made in accordance with the schedule laid down in the Invoice. You must pay by submitting your credit or debit card details against the invoice and we can take payment immediately or otherwise before delivery of the Services. Where the Invoice varies these terms the terms laid down down in the Invoice shall take precedent.
- 1. We will deliver the Services within a reasonable time and without undue delay subject to goods being available from third party suppliers and where applicable the performance of couriers and shippers and in the case of Goods supplied from outside The United Kingdom of Great Britain and Northern Ireland the actions of Her Majesty’s Revenue and Customs.
- If we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if: we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- Goods supplied to you in our capacity as facilitator of supply from outside outside The United Kingdom of Great Britain and Northern Ireland may incur charges for import duties or other taxes and you will need to pay these as we will not pay them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of having attempted to deliver the Services.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment of our invoice in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
Conformity and Guarantee
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation
- Upon delivery, the Goods will: a) be of satisfactory quality; b) be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and c) conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
- We will supply the Services with reasonable skill and care.
- You will have the benefit of any free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
- In relation to the Services, anything we write to you, or anything someone else writes to you with our authority, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
- The Contract continues as long as it takes us to perform the Services.
- Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other: a) commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or b) is subject to any step towards its bankruptcy or liquidation.
- On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and Conditions:
a) ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR. b) ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679. c) ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
- Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can e-mail: [email protected].
Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control: the party will advise the other party as soon as reasonably practicable; and the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery.
- We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
- We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.