This page (together with the documents referred to on it) tells you the terms and conditions (Terms & Conditions) on which we supply any of the products (Products) listed on our website www.thepetsupermarket.co.uk (Site) to you.
Please read these Terms & Conditions carefully before ordering any Products from our Site. You should understand that by ordering any of our Products, you agree to be bound by these Terms & Conditions. You can print a copy of these Terms & Conditions by selecting the print option from the “File” menu of your browser.
We reserve the right to change these Terms & Conditions at any time. Any such changes will take effect when posted on the Site and it is your responsibility to read the Terms & Conditions on each occasion you use the Site and your continued use of the Site shall signify your acceptance to be bound by the latest Terms & Conditions.
If you are not a consumer you confirm that you have authority to bind any business on whose behalf you use the Site.
The Contract Between you and us
You may place an order to purchase a Product advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order.
After placing an order you will receive an order acknowledgement giving a summary of the Products you have ordered. Please note that this email is not an order confirmation or order acceptance from us.
All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an email which confirms that your order has been received and is ready for collection (Order Confirmation). The contract between us and you will only be formed when the order Confirmation has been sent unless we do not accept your order or you have cancelled it.
The contract will relate only to those Products that we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until you receive your Order Confirmation of such Products has been confirmed in a separate Order Confirmation.
We may be unable to process your order if the Product you ordered is out of stock or discontinued or there is a problem with authorisation of your payment.
Cancellations, returns, refunds and substitutions
Except in relation to the Products specified in the following paragraphs you may cancel your order (or any part of it) at any stage before the Products are collected by you and up to 21 days afterwards. You may do so by simply returning the Products or by contacting us at firstname.lastname@example.org on 0191 482 2432.
You may not cancel your order if the Products consist of perishable items such as food items or due to health and safety reasons or hygiene issues unless such Products were damaged or faulty when received by you or are incorrectly in someway.
Some of the Products are excluded from the 21 day return policy and will be marked accordingly when you place your order on the Site. i.e Livefoods or frozen Foods.
Where you decide to cancel an order after you have collected the Products, you will be under a duty to return them to us. All such Products should be returned within 21 days after the Products have been collected by you. Until such time as they are returned you must retain possession of the Products and take reasonable care of them. You should return the Products to us unused and in the same condition in which you received them together with the original Product packaging.
After you cancel your order and return the Products any sum debited by us to your credit/debit card will be refunded less any charges in accordance with these Terms & Conditions. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Refunds for Products purchased as gifts can only be given to the credit/debit card of the person who placed the order. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of you cancelling your order.
*If you cancel part of your order which was subject to a conditional Sale, Promotion offer, the Sale, Promotion offer may cease to apply. If you subsequently return any items, we reserve the right to charge you for the discount you received as part of any conditional Sale, Promotion offer.
If any Product you purchase is damaged, faulty or incorrect when received by you we may offer an exchange or refund as appropriate in accordance with your legal rights. If you believe a Product is faulty you should return the Product to us in accordance with the Returns Information. If you have any questions regarding returns please contact us.
Sometimes the Product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain Products and may therefore supply a substitute of the same of better quality at the same price.
All sizes and measurements of the Products are approximate but we do try to make sure that they are as accurate as possible.
Our policy on cancellations, returns and refunds does not affect your statutory legal rights.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of the Site shall remain at all times vested in us or our licencors. You are permitted to use this material only as expressly authorised by us or our licencors.
You acknowledge and agree that the material and content contained within the Site is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using the Site. You further acknowledge that any other use of the material and content of the Site is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Liability and Indemnity
Nothing in these Terms & Conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation or any other liability which may not otherwise be limited or excluded under applicable law.
Will use reasonable endeavours to verify the accuracy of any information on the Site but make no representation or warranty of any kind express of implied statutory or otherwise regarding the contents or availability of the Site or that it will be timely or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Site. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Site and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Site.
Above other than as expressly provided in these Terms & Conditions, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
We will not be liable in contract, tort (including without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentation) or otherwise out of or in connection with the Terms & Conditions for any:
Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
Loss of goodwill or reputation; or Special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms & Conditions.
Notwithstanding the above, our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the Product(s) in respect of one incident or series of incidents attributable to the same clause.
This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
We will take all reasonable precautions to keep the details of your order and payment secure but unless we are negligent we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
The contract between us and you shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
We shall be under no liability for any delay or failure to Provide Products or otherwise perform any obligation as specified in the Terms & Conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
To provide increased value to our customers we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources and are not responsible whether directly or indirectly for their content.
You may not assign or sub-contract any of your rights or obligations under the Terms & Conditions or any related order for products to any third party unless agreed upon in writing by us.
We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of our rights or obligations under the Terms & Conditions or any related contract to any third party.
If any portion of the Terms & Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceable of the other sections of the Terms & Conditions shall not be affected.
The Terms & Conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the Contract (Rights of Third Parties) Act 1999).
No delay or failure by us to exercise any powers, rights or remedies under the Terms & Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. For any waiver to be effective it must be in writing and be signed by an authorised representative of us.
The Terms & Conditions including the documents or other sources referred to in the Terms & Conditions supersede all prior representations understandings and agreements between you and us relating to the use of the Site (including the order of the Products) and sets forth the entire agreement and understanding between you and us for your use of the Site.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control (Force Majeure Event).
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:
- Strikes, lock-outs or other industrial action
- 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.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract 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 use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.