|Terms and Conditions
This page and the documents referred to on it tell you the terms and conditions on which we supply any of our goods listed on our website www.fetchpetshop.co.uk to you (the "Website"). Please read these Terms and Conditions carefully before you order any Product(s). Please note that by ordering any prodcuts from the website, you are agreeing to be bound by these Terms and Conditions
General Information and Legal Statements
www.fetchpetshop.co.uk is the online retail arm of Fetch Pet Shop, operating from 10 The Shambles, Bradford on Avon, Wiltshire, BA15 1JS.
References here to "Fetch Pet Shop" "we", "us", "our" are references to Fetch Pet Shop. References to "Customer", "you", "yours" are references to the customer placing an order under the Website. A reference to "Product(s)" means product(s) ordered by you from the Website.
1. Liability to You
Fetch Pet Shop’s total liability for any claim arising out of any order placed by way of the Website, whatever the nature of the claim, shall not exceed the price of the Product(s) supplied by us to the Customer plus any postage charges incurred, but this limitation of liability does not apply to the extent it is illegal, or it is contrary to a provision in any statute, for us to exclude our liability in whole or in part.
Fetch Pet Shop cannot accept any liability for a failure to comply with specific instructions on the Website issued by Fetch Pet Shop. Customers’ statutory rights are not affected by this statement.
We are not responsible to a Customer for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
2. Your status and ordering from outside the UK
By placing an order through the Website, you warrant and represent to us that you are legally capable of entering into a binding contract on behalf of the person placing the order and, if you are an individual placing the order yourself, you are at least 18 years old.
Please note that we do not currently shop goods to addresses outside of the UK.
3. Trade Descriptions Act
We make every effort to ensure that our goods are portrayed accurately on the Website but small variations in colour may occur. Many of our goods are handmade and are made from natural materials and so some small distinctions in colour and/or pattern may occur. All measurements are approximate, and we cannot be held responsible for variations in colour dependent on the calibration and setting of your computer screen.
4. What happens when you place an order.
When you place an order through the Website, we will send you a confirmation email. This does not mean that your order has been accepted, only that you have made an offer to buy something from us. The offer requires to be accepted by us and this will occur on dispatch by us of the Product(s) and so a contract ("Contract") between us only exists once we dispatch the Product(s) and send you an invoice which will be included in the package. This confirmation is called a "Dispatch Confirmation" for the purposes of these terms and conditions.
The Contract will relate only to those Product(s) whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until the dispatch of such Product(s) has been confirmed in a separate Dispatch Confirmation.
Your credit card will be processed and authorised when you place the order on the Website.
5. Your right to cancel as a consumer
If you are contracting as a consumer, you are entitled to a specific cooling-off period by law and therefore you may cancel a Contract at any time within seven working days, beginning on the day after you received the Product(s) from us. In this case, you will receive a full refund of the price paid for the Product(s) in accordance with our refunds policy (set out in clause 6 below).
To cancel a Contract in this way, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Product(s) while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6. Returns procedure and refund policy
Any returns (other than arising from cancellation of your order under clause 5 above) must be made within 21 days of receipt and the Product(s) must be unused, unwashed and returned to us at your risk in their original packaging. You may exchange your product for another in our range. If your new choice costs more than your original purchase, you will have to pay us the difference. If it costs less, we will refund you the difference as set out below. Please contact usprior to returning an item and obtain proof of postage for your parcel. We regret we are not liable for returns which do not reach us, or are damaged when we get them back.
When you return Product(s) to us:
(a) if you have cancelled the Contract between us within the seven day cooling-off period (see clause 5), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product(s) in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us;
(b) for any other reason (for instance, under our general Returns policy in this clause 6 or because you have a claim that the Product(s) is defective in some way), we will examine the returned Product(s) and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you (either a whole refund or a part refund) as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to such a refund. Product(s) returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us; and
(c) we will usually refund any money received from you using the same method originally used by you to pay for your purchase.
All prices quoted on the Website exclude delivery costs. Prices are as quoted on the Website but are liable to change. Any changes will be confirmed to you at the time of ordering. While we check carefully to make sure the right price is shown, if a price shown is an obvious error (and would have reasonably been recognised by you as a mis-pricing), then we are not liable to sell you the Product(s) at that price. Please check with us and we will verify the correct price.
8. Risk, title and availability
The Product(s) will be at your risk from the time of delivery.
Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Product(s), including delivery charges.
All items are subject to availability. We will tell you as soon as possible if the Product(s) you want are not available. We will also tell you if or when we can get it for you.
Safety and Security of your information
(a) You are able to browse the Website freely (and we invite you to browse often!) but once you have decided to make an order, we will require some information from you, namely your name, address, telephone number, email address and your credit/debit card details. This information is necessary for us to process your order, send you your Product(s) and let you know of any problems. Your credit card details will not be stored in our system and all the information you give will be treated as private and confidential.
Our site uses secure software to protect your information whenever you place your order or access your account, in accordance with current UK data protection guidelines. Whenever you place your order or access your account, the information you input is encrypted before it is sent to us to reduce the risk of it being intercepted, and to protect the information we hold about you from unauthorised access.
At any time, you are able to check the information we have and edit it if necessary e.g. if you move house or change your phone number or email, or just want to make sure that it’s all up to date. You can do this by contacting us by phone or by logging onto the site and editing your Account.
(b) There are several benefits to creating your own Account on the Website. You can store your address so that you don’t have to fill that in each time you order something, or you can see what you have ordered previously, for example. You can also choose whether to sign up to receive our special web offers and newsletters by email, or order our mail order brochure.
Third party opt-in
(c) We will never give your email to third parties but we might make news of them available to you.
Please contact us at firstname.lastname@example.org if you would like to receive material containing news on special offers and exciting new Product(s) from specially selected third parties.
Security of your information and data protection
(d) Our site uses secure software to protect your information whenever you place your order or access your account, in accordance with current UK data protection guidelines. Whenever you place your order or access your account, the information you input is encrypted before it is sent to us to reduce the risk of it being intercepted, and to protect the information we hold about you from unauthorised access.
(e) We will not collect any personally-identifiable information about you (that is, your name, address, telephone number or email address) ("personal data") unless you provide it to us voluntarily. If you do not want your personal data collected, please do not submit it.
(f) If you have already submitted personal data and would like it removed from our records, please contact us at the email address listed in clause 11. We will use reasonable efforts to delete your information from our records.
(g) In some cases, we may collect information about you that is not personally identifiable. Examples of this type of information include the type of Internet Browser you are using, the type of computer operating system you are using and the domain name of the website from which you linked to our site or advertisement.
(h) By using the Website, you consent to us collecting, processing and using personal information to administer and deal with your orders and your Account.
(i) Where the Website contains links to other websites, Fetch Pet Shop is not responsible in any way for the content or privacy practices of those websites.
10. Intellectual Property
All materials within the Website are the intellectual property of Fetch Pet Shop. Such materials may not be copied save to the extent necessary to view them online. However, you may print complete pages of the Website as hard copies for your own personal use.
11. Written communications and notices
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknwledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you must be given to Fetch Pet Shop, 10 The Shambles, Bradford on Avon, Wiltshire, BA15 1JS or electronically to email@example.com. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or two days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the Customer or addressee.
12. Transfer of Rights
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. Force Majeure (events outside our control)
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 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 (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and (e) impossibility of the use of public or private telecommunications networks.
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.
14. Our right to vary these Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business and our goods, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order Product(s) from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case, it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation. In the latter case, we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Product(s).
15. Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in communications between us prior to such Contract except as expressly stated in these terms and conditions.
16. Jurisdiction and Law
The Website, its content and any contract brought about through use of the Website will be governed by English law and the English courts shall have jurisdiction.