1.3. We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the Website and it is your responsibility to read the Terms and Conditions on each occasion you use the Website and your continued use of the Website shall signify your acceptance to be bound by the latest Terms and Conditions.
1.4. If you are not a consumer, you confirm that you have authority to bind any business on whole behalf you use the Website.
2. The contract between you and us
2.1. You may place an order to purchase a Product advertised for sale on the Website 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 your order has been placed, if you do require your any details of your order to be cancelled or changed please contact email@example.com. Please note that we are not able to cancel or change orders or delivery addresses once your order has been dispatched from our warehouse.
2.2. 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 an acceptance to you by sending you an email which confirms that the Product has been dispatched (“Dispatch Confirmation”). The contract between us and you will only be formed when the order is dispatched unless we do not accept your order or you have cancelled it.
2.3. The contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
2.4. We may be unable to process your order if the Product you have ordered is out of stock or discontinued (even if showing “in stock” on this Website) or there is a problem with authorisation of your payment.
3.1. Delivery charges and estimated timescales are specified in the delivery option information selected by you when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to delivery Products within estimated timescales. Please see Delivery Information for details of where we deliver and the available delivery options.
3.2. If you are an international customer, it is your responsibility to understand what is and is not allowed through your country’s customs. If an item is stopped at customs and returned to Purely Pet Supplies, we reserve the right to issue a full refund for the products ONLY, minus our £1.50 administrative fee and any additional charges incurred.
3.3 It is your responsibility to ensure that the delivery address is correct when placing an order. If the delivery address is incorrect and we are not made aware of this before the order is dispatched, Purely Pet Supplies reserves the right to refuse a refund unless the products are returned back to us. When a parcel with an incorrect address is sent using our preferred Large Parcel courier that incurs extra charges, please see section 5.5 for further information on the refund process.
3.4 If a parcel has not been delivered within 14 days (excluding during Force Majeure (please see section 8.10/8.11 for more information) Events), you must notify us to allow us to attempt to locate the parcel. If contact is not made within 14 days, we reserve the right to refuse refunds and/or replacements for orders. In exceptional circumstances, any changes to these Terms and Conditions will be notified on the website.
3.5 If a parcel has been delivered according to the tracking details but you are not in receipt of the parcel, you must notify us within 14 days of the order being dispatched to allow us to get the delivery company (if possible) to collect and re-deliver the parcel to the correct address. If you do not notify us within 14 days, we reserve the right to refuse refunds and/or replacements for parcels.
3.6 If you are an international customer, it is at your own risk that you purchase any fragile goods. If a Product, that can be classed as fragile (e.g. ceramics, glass Products etc), arrives damaged, Purely Pet Supplies Ltd reserve the right to issue a full refund, as outlined in our Delivery Information and Returns and Refunds information specified on our Website.
4. Risk, price and payment
4.1. Once delivered or on the date of the first attempted delivery, the Products ordered will become your responsibility. Except in relation to Products that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after that date.
4.2. Ownership of the Products will only pass to you on delivery or on the date of the first attempted delivery of the Products to you.
4.3. The price (which will be shown in £s sterling) of any Products shown on our Website are deemed correct, except in cases of obvious error. For further information, please see Section 4.6 below.
4.4. These prices include VAT but exclude delivery costs, which will be added to the total amount due once you have selected a delivery service from the available options as set out in the Delivery & Returns information.
4.5. Prices are liable to change at any time.
4.6. Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced or incorrectly showing as “in stock”. We will rectify any such errors as soon as possible once we become aware of them. If a Product’s correct price is different from the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. If a Product is incorrectly showing as “in stock”, we reserve the right to reject your order and notify you of such rejection.
4.7. We will take payment from your card or your PayPal account at the time we receive your order.
4.8. By using a credit/debit card to pay for your order, you confirm that the card being used is yours. To ensure that your credit, debit or charge card is not being used without your consent we will validate the name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting the Terms and Conditions, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information.
4.9. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. If your card payment does get refused and you still wish to place the order, please contact us at firstname.lastname@example.org or call us on 0115 945 2751.
5. Cancellations, returns, refusals, refunds and substitutions
5.1. 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 dispatched and delivered to you, and up to 14 days afterwards. You may do so by simply returning the Products in accordance with the provisions detailed for Returns and Refunds, or by contacting us at email@example.com or on 0115 945 2751.
5.2. You may not cancel your order if the Products consist of perishable items such as food items or due to heath and safety reasons or hygiene issues unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered.
5.3. Some of the Products may be excluded from the 14 day return policy and will be marked accordingly when you place your order on the Website.
5.4. Where you decide to cancel an order after we have dispatched the Products, you will be under a duty to return them to us your own risk. All such Products should be returned within 14 days following the authorisation of your return by our Customer Service team. 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 (and any product packaging) to us unused, unmarked and in the same condition in which you received them together with the original Product packaging by one of the means set out in our Returns and Refunds information.
5.5. Where you decide to cancel an order by refusing delivery of a product that has been sent via our preferred courier, Purely Pet Supplies reserve the right to pass on any fees incurred for the return of the parcel. Refusing delivery includes not accepting the parcel when delivery is attempted or not rearranging delivery of parcel after delivery has been attempted. The fees from our current preferred Large Parcel courier, DHL, consist of: The return postage price (this is the same price as paid for original postage), £4.65 DHL return parcel fee, plus £1.50 Purely Pet Supplies Ltd Administrative Fee. The fees from our current preferred Small Parcel and Large Letter courier, Royal Mail, consist of: The original postage price, plus £1.50 Purely Pet Supplies Ltd Administrative Fee. Once a refused parcel is returned to us, we will refund the full price of the products minus the charges noted.
5.6. After you cancel your order and return the Products, any sum debited by us to your credit/debit card or PayPal account will be refunded less any charges in accordance with these Terms and Conditions. We will notify you of your refund via email within a reasonable period of time. 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 or PayPal account 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.
5.7. If any Product you purchase is damaged, faulty or incorrect when delivered to 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 Delivery & Returns information. If you have any questions regarding the returns process, please contact us at firstname.lastname@example.org or on 0115 945 2751.
5.8. 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 or better quality at the same price. Alternatively if no substitutions are available, we will issue a full refund for the Product we are unable to supply. We will contact you before substituting or refunding any Products. If you are not happy with the replacement or substitution, you can return it in accordance with our 14 day returns policy.
5.9. All sizes and measurements of the Products are approximate but we do try to make sure that they are as accurate as possible.
5.10. We are not liable if an International order contains an Aerosol which may result in the whole order being discarded as these items are not accepted through customs to be shipped internationally.
5.11. Our policy on cancellations, returns and refunds does not affect your statutory legal rights.
6. Intellectual property
6.1. 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 Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.2. You acknowledge and agree that the material and content contained within the Website 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 Website. You further acknowledge that any other use of the material and content of the Website is strictly prohibited and you agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content, and also agree not to assist or facilitate any third party to the same.
7. Liability and indemnity
7.1. Nothing in these Terms and 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.
7.2. Subject to section 7.1 above, we will use reasonable endeavours to verify the accuracy of any information on the Website but make no representation or warranty of any kind, express of implied statutory or otherwise, regarding the contents or availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website 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 Website.
7.3. Subject to section 7.1 above other than as expressly provided in these Terms and Conditions, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4. Subject to section 7.1 above, we will not be liable in contract, tort (including without limitation, negligence), pre-contract or other representation (other than fraudulent on negligent misrepresentation) or otherwise out of or in connection with the Terms and Conditions for any:
7.4.1. Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
7.4.2. Loss of goodwill or reputation; or
7.4.3. 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 and Conditions.
7.5. Notwithstanding the above, subject to section 7.1 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.
7.6. The clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.7. 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.
8. Miscellaneous provisions
8.1. 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.
8.2. We shall be under no liability for any delay or failure to deliver Products or otherwise perform any obligation as specified in the Terms and Conditions if the same is wholly or partly caused whether directly or indirectly by circumstanced beyond our reasonable control.
8.3. 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.
8.4. You may not assign or sub-contract any of your rights or obligations under the Terms and Conditions or any related order for products to any third party unless agreed upon in writing by us.
8.5. 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 and Conditions or any related contract to any third party.
8.6. If any portion of the Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of the Terms and Conditions shall not be affected.
8.7. The Terms and 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).
8.8. No delay or failure by us to exercise any powers, rights or remedies under the Terms and 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.
8.9. The Terms and Conditions including the documents or other sources referred to in the Terms and Conditions supersede all prior representation understandings and agreements between you and us relating to the use of the Website (including the order or Products) and sets forth the entire agreement and understanding between you and us for your use of the Website.
8.10. 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).
8.11. A force Majeure Event includes and act, event, non-happening, omission or accident beyond our control and includes, in particular (without limitation), the following:
8.11.1. Strikes, lock-outs or other industrial action.
8.11.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation of war.
8.11.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
8.11.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
8.11.5. Impossibility of the use of public or private telecommunications networks.
8.11.6. The acts, decrees, legislation, regulations or restrictions of any government.
8.12. 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.
9. Rating and reviews
9.1. Thank you for taking the time to review our products. Not only do your reviews help other customers make a decision about which products are right for them but it gives us guidance on what we should have available for our customers to purchase on purelypetsupplies.com
9.2. Please be aware that any reviews including foul or offensive language may be removed at the managers discretion.
10. Paw of Approval
10.1. The “Paw of Approval” represents Product recommendations of one or more of the team at Purely Pet Supplies Ltd and their pets. Any Products that have been tagged with our “Paw of Approval” stamp have been tried, tested and loved by ourselves AND our pets. We do not get paid to promote a Product, earn commission off Product tagging, be influenced by marketing methods or review a Products based on other companies or users opinions. If this ever does happen, this will be clearly shown on the Product information or Blog. These Products are simply products we recommend based on our own personal experiences with them. If we’ve loved them, we’ve stamped them.
10.2. Any Products tagged with the “Paw of Approval” stamp have been tested by ourselves and our pets only and are simply Products we have liked or our pets have enjoyed. However, please note, we are not qualified designers, veterinarians or pet nutritionists and therefore cannot be held responsible for any difference in experience or opinion should you make a purchase based on this stamping. The Products you purchase are of personal choice, and it is your responsibility as the pet owner to make an informed and sensible decision based on the sole needs of your pet and not others. If you do not rate the Product, please visit our Delivery & Returns information for more advice on how to return your Product.