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Introduction
| 1. |
Healthy Option Pet Foods
is a product manufactured exclusively in Great Britain for Healthy Option Pet Food Limited. These terms and conditions apply to your purchase of goods
from us, Healthy Option Pet Food Limited. You are advised to read them before you
place an order with us. |
| 2. |
The Consumer Protection
(Distance Selling Regulations) 2000 apply to the contract for the supply
of goods to you under these Terms and Conditions. These regulations
contain important rights for you as a consumer. These regulations
are referred to in these Terms and Conditions as the
'Regulations'. |
| 3. |
We will not accept any
changes to these Terms and Conditions except as imposed by Law. If
your order attempts to change these Terms and Conditions, the change will
not apply even if we accept your order. |
| 4. |
A description of our
goods appear on this website, www.HealthyOptionPetFood.co.uk.
You are strongly advised to check the goods on this website are suitable
to your needs before placing your order. |
| 5. |
Contract to Supply Goods:
Our website advertising is not an offer by us to sell goods to you.
It is an invitation to you to place an order. Your order is your
offer to buy goods from us. We may accept or refuse your order in
our absolute discretion and without giving any reasons. Our usual practice
is to issue you with a confirmation of receipt of your order but this will
not constitute an acceptance of your offer (and therefore no contract is
made) until we have received payment from your credit or debit card.
This is when we have a contract. |
| 6. |
We make every effort to
ensure that all prices, descriptions and availability of goods are correct
and accurate. However, it is inevitable that mistakes will
occasionally occur, for example where the price displayed is an old price
and genuinely not our current price. In the case of an error or
omission (which we will notify you about) either of us will have the right
to cancel the contract. In these circumstances, we will only be
liable to return any money you have paid to us. |
Return of cancelled goods
These Terms and Conditions require you to return the goods to us if you
exercise your right to cancel the contract under the Regulations and they also
require you to pay for the cost of returning to goods or our cost of recovering
them from you if you do not return them. Please refer to the details under
Cancellation below. If you are not a "consumer" within the
Regulations or if you are not buying by means of distance communications (which
includes over the Internet through our Website, or by ordering over the
telephone, but excludes buying at our premises or the premises of one of our
authorised distributors) or you are not a resident in the UK then you do not
have a right to cancel under the Regulations. If you acting for the
purpose of a business, you are not a "consumer".
Prices
| 1. |
Our prices are in UK pounds Sterling and are detailed in our
website. Our website also details wherever VAT is payable in
addition. The prices are exclusive of carriage charges plus VAT
(where payable). |
| 2. |
We reserve the right to change our prices at any time.
We endeavour to put price changes onto our website immediately.
However, if our genuine current price is different from the price shown on
our website at the time of your order you will be notified about this
error. If the goods are in stock you can choose whether or not to
proceed with your order or contract, if we do have a contract, either of
us has the right to cancel the contract, as detailed above. Subject
to this, the prices remain valid as set out on the website until we decide
to change them. |
| 3. |
Unless we agree, we only accept payment by means of a
current. valid credit or debit card. We reserve the right to make
whatever credit checks or anti-fraud checks we think necessary. |
Delivery
| 1. |
We aim to deliver the goods to you within 5 to 10 working
days after acceptance of your order. This may be longer in busy
periods. We do NOT guarantee a delivery date or time. |
| 2. |
Under the Regulations we must perform the contract
(including delivery) no later than 30 days starting from the date of
acceptance of your order. |
| 3. |
Delivery will be made to you by out appointed carrier or its
agent. |
| 4. |
If the goods have been delivered in a damaged condition
(whether or not the damage was apparent at the time of delivery) and you
do not want to exercise your rights to cancel the contract under the
Regulations you must notify us by telephone or preferably in writing
(including email) with 7 days after delivery. If you do not notify
us, we will NOT accept any liability for the damage. This is
because we have a limited period to inform our carriers that our goods
were delivered damaged. This does not affect your right to cancel
the contract under the Regulations by no later than 7 working days after
delivery which you may still exercise. |
| 5. |
If you claim the goods are defective (as opposed to damaged
in transit) and you do not wish to exercise your right to cancel under the
Regulations you must notify us in writing of the defect giving full
details within 7 days after delivery. If you do not do so you will
be taken to have accepted the goods in their condition and you will have
no right to reject the goods or any right to require a refund or
replacement goods or any compensation. We remind you that this
does not affect your right to cancel the contract under the Regulations by
no later than 7 working days after delivery which you may still exercise. |
Cancellation
| 1. |
Under the Regulations (which apply to your purchase of our
goods) you have a right to cancel the contract by giving us written notice
of cancellation (delivering the notice by hand or by post or fax or
email). |
| 2. |
You must give us the notice of cancellation in the "cancellation period". This period starts with the date on which the contract for the purchase of the goods is "concluded" and ends 7 "working days" as from and including the day after you receive the goods. "Working days" excludes Saturdays, Sundays and public holidays. As to when a contact is "concluded" please refer to paragraph 5 under the heading Introduction above, |
| 3. |
If you do cancel we will reimburse you the money you paid for the goods (or which was paid on your behalf including under a credit agreement) as soon as possible and in any event within 30 days starting with the date you gave us notice of cancellation. We will make a deduction from this payment if paragraph 4 below applies. |
| 4. |
If you cancel the contract you must return the goods to us at your own cost. If you do not return the goods then we will charge you the pick up charge set out under the heading General below, which represents our direct costs of recovering the goods. When you return the goods to us, under the Regulations you must take reasonable care to see that that we receive them and that they are not damaged in transit. We strongly recommend that you use the manufacturer's original
exterior and interior packaging when returning goods but if this is no longer available, when taking reasonable care to see that they are not damaged in transit you must use other appropriate packaging bearing in mind the
nature of the goods. |
| 5. |
If you cancel, you are under a duty to keep possession of the goods and to take reasonable care of them. If you do not take reasonable care of the goods, we will be able to make a claim against you for our loss. If we serve a notice on you within 6 months starting on the date you cancelled requesting return of the goods then your duty to keep and take reasonable care of them will continue until you return the goods. If no such notice is served, then your duty will last for the 6 months. |
| 6. |
If you wish to cancel the contract after more than the 7 working days allowed for under the Regulations, or where we are not at fault under the contract which would entitle you to cancel it, then it will be entirely at our discretion whether to accept cancellation and make a refund. It is our policy under these circumstances to charge an administration fee of at least
15% of the original purchase price (excluding VAT) and the carriage charges which we could have been charged for the initial delivery plus pick up charges. We would only consider accepting a cancellation and return in these circumstances if the goods are in new condition and we could sell them as such. This paragraph 6 creates no legal obligation on us and is entirely at our discretion. |
| 7. |
You must note that your right to cancel under the Regulations does not apply to goods made to your specifications or clearly personalised or which because of their nature cannot be returned or are liable to expire rapidly. |
| 8. |
Where the goods supplied consist of more than one item
and any one of those items (or any part) has been made to your specification
then all the goods supplied will be deemed to have been supplied together as one item under one order and the goods will not be capable of being split for the purposes of the right to reject under the Regulations. |
Limitation of Liability
We shall have no liability to you for any
loss or damage suffered by you in the supply of the goods under these Terms and
Conditions or in any other circumstances where such loss or damage:
| 1. |
was not foreseeable by us
as parties to the contract at the time we enter into the contract; or |
| 2. |
was not caused by us; or |
| 3. |
was suffered by you in
your business |
General
| 1. |
Our registered office and
principal place of business is at Unit 4 Whitewalls Close, Whitewalls
Industrial Estate, Colne, Lancashire, BB8 8LE |
| 2. |
If goods are out of stock
we will not supply substitute goods without your agreement. |
Law and Jurisdiction
The contract, including these Terms and
Conditions, are subject to English Law and we both agree to submit to the
non-exclusive jurisdiction of the English Courts.
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