In this document the following words shall have the following meanings:
1.1 " Buyer" means the person who buys Goods from the Seller
1.2 " Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977
1.3 " Goods" means the articles that the Buyer agrees to buy from the Seller
1.4 " List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time
1.5 " Seller" means Zoomadog.co.uk
1.6 " Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Any orders placed through the Zoomadog website shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller's current List Price/on the Seller's website/as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. The price is inclusive of VAT and exclusive of any delivery charges.
3.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
4.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller's premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered within 5 working days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. On occasions delivery may take longer than the anticipated delivery time, the Seller cannot be held responsible for any costs as a result of late delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a refund or agree a later delivery date.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
4.7 All orders sent out will require a signature, to improve the service we offer to our customers we send smaller items out by 'Recorded Delivery' through Royal Mail and larger items by Parcel Force, both of these are fully trackable.
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
5.2 Dog Product Warranty
All goods supplied by us are warranted free from defects for 2 months (unless otherwise stated) from the date of supply. This warranty does not affect your statutory rights as a consumer.
This warranty does not apply to any defect in the goods arising from fair wear and tear, failure to maintain them in good condition, willful damage, misuse, accident, negligence by you or any third party, use otherwise than as recommended by us or the manufacturer, failure to follow our or manufacturers installation or other instructions, any alteration or repair carried out without our approval, or any destruction caused by any animal.
If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify us in writing at the address, or email address on the order confirmation.
No Warranty claim can be accepted in respect to any goods unless they are returned to us for inspection or requested photographic proof is provided .
In the event that you would be entitled to damages against us for any breach Warranty we shall not be liable to pay damages but shall (subject to clause above) in our sole discretion either repair the goods at our own expense or supply replacement goods free of charge or refund all (or where appropriate part) of the price paid for the relevant goods. This clause does not affect your statutory rights as a consumer.
No Warranty is given that the goods are suitable for the purposes for which you intend to use them.
6 CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 2 days of delivery if the Goods are damaged or do not comply with any of the Contract.
6.2 Where a claim of defect or damage is made then it shall be the responsibility of the Buyer to return the faulty Goods at their own cost.
6.3 Goods to be returned must clearly show the order number obtained from the Seller on the package.
6.4 Where returned Goods are found to be damaged upon their return, the Buyer will be liable for the cost of remedying such damage.
6.5 Where Goods are purchased via the internet, by mail order or by phone, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 2 working days of receipt of the Goods. Goods must be returned at the Buyer's cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods assuming the goods are returned in the original packaging and in a re-saleable as new condition. Any items delivered by pallet or freight delivery may be returned but the customer would incurr the costs of delivery and return.
7 GOVERNING LAW AND JURISDICTION
7.1 These Terms and Conditions shall be governed by and construed in accordance with the law of Great Britain and the parties hereby submit to the exclusive jurisdiction of the British courts.