For Your Dog Terms and Conditions of Purchase and Use
These terms and conditions form the legal basis of the relationship between you and For Your Dog.
These terms and conditions have been drafted to make them as easy to read and understand as possible, so that you are clear about the rights and obligations, which you have. However, if for any reason you do not understand any part of these terms and conditions, you should contact For Your Dog for clarification via the "Contact Us" page of the Site. You should print off these terms and conditions, and keep them somewhere safe when yretuou make a purchase from the Site.
By using the Site or placing an Order you agree to be bound by the terms and conditions set out below. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from the Site and should not use the Site
In these terms and conditions:-
"Contract" means any contract entered into through the Site, incorporating these Terms, between you and either For Your Dog or our Retail Partner for the sale of the relevant Products;
"Dispatch Confirmation" means the e-mail which will be sent to you confirming that the Products have been dispatched;
"For Your Dog" is a company registered in Jersey, registration number 26529, having its principal place of business at 8 La Cloture, La Grand Route de St Martin, St Saviour, Jersey, JE2 7JE, GST registration number B213216.
"Order" means your order for Products placed using the process set out on the Site;
"Parties" means you, For Your Dog and, where applicable, any relevant Retail Partner;
"Products" means those goods or products listed in a given Dispatch Confirmation, to be supplied to you under the relevant Contract;
"Retail Partner" means the individual or entity which is listed on the Site as the seller of certain products made available through the Site;
"Site" means the website located at www.fydog.co.uk or any other website address that may replace it; and
"Terms" means these terms and conditions;
"we/us" means For Your Dog and, where applicable, any relevant Retail Partner; and
"you" means the customer using the Site.
2 Site Availability
2.1 The Site is only intended for use by people resident in the United Kingdom (England, Scotland, Wales, Northern Ireland and all BFPO addresses) and the Channel Islands. For Your Dog does not accept orders from individuals outside those countries or geographic locations.
2.2 For Your Dog does not sell products for purchase by children. If you are under 18, you may purchase products from For Your Dog through this Site only if you ask your parent or guardian to place the Order.
3 Our Status
3.1 We cannot give any undertaking that Products you purchase from Retail Partners through the Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by For Your Dog absolutely. This DISCLAIMER does not affect your statutory rights against the Retail Partner.
4 Accessing the Site
The Site has two levels of access: -
4.1 General Access Level
You do not need to register to use this area of the Site and can access general information about For Your Dog and our Products.
4.2 Registration Access Level
4.2.1 If you decide to register as a user of the Site, you will choose a username and password which will provide you with access to additional services and to areas of the Site with may have restricted access. Registration will also enable For Your Dog to contact you about special offers and promotions. This area of the Site may be subject to further terms and conditions. For Your Dog has the right to disable any username or password at any time, if in our opinion you have failed to comply with these Terms. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised use of your account. You should inform us immediately if you suspect that your password has been disclosed to anyone else or if the password is being used in an unauthorised manner.
4.2.2 You must ensure that all details you provide us with are accurate and complete. You must inform us of any changes to your details without delay. You can access and update your information by going to the "Your Account" section of the Site.
5 Creation of Contract
5.1 You select the Products displayed on the Site that you wish to purchase following the instructions set out on the Site. You will be given the opportunity to review and amend your Order before you are invited to finalise your Order. Before submitting your Order, you should read these Terms and any additional Retail Partner terms and conditions that are drawn to your attention. By clicking on the "Submit Order" icon on the final page of the order process on the Site:- (i) you are agreeing to be bound by all the terms and conditions applicable to your Order; and (ii) you are finalising your Order. You must make payment at the time of submitting your Order in accordance with Clause 6.4.
5.2 After placing an Order, you will receive an e-mail from For Your Dog acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to buy a Product. All Orders are subject to acceptance by For Your Dog or any relevant Retail Partner, and we will confirm such acceptance by sending a Dispatch Confirmation to you. A Contract will only be formed when the Dispatch Confirmation is sent to you. Each Order For Your Dog or our Retail Partners accepts from you will constitute a separate Contract.
5.3 If any Products are unavailable or out of stock at the point that your Order is processed, you will be notified of that fact as quickly as is possible and in any event within 2 working days.
6.1 The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error.
6.2 The quoted price includes any applicable VAT or similar sales tax but excludes delivery costs, which will be added to the total amount due as set out in the Delivery Guide or as confirmed by any relevant Retail Partner.
6.3 Prices are liable to change at any time, but changes will not affect Orders where we have already sent you a Dispatch Confirmation.
6.4 [The Price shall be paid by you in advance by credit or debit card in accordance with the procedures set out in the Site. Your credit or debit card will be charged and payment of the Price processed once you have confirmed your Order by clicking on the "Submit Order" icon on the final page of the Order process on the Site.]
6.5 Your credit/debit card details will be retained after payment has been made to assist us in reducing fraud and to enable us to make refunds, where appropriate, to the card used by you to make the initial purchase.
6.6 The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. For Your Dog will normally verify prices as part of its dispatch procedures so that, where the correct price for a Product is less than the stated price, For Your Dog will charge the lower amount when dispatching the Product to you. If the correct price is higher than the price stated on the Site, For Your Dog will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
6.7 For Your Dog is under no obligation to provide the Product to you at the incorrect (lower) price, even after you have been sent a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
6.8 If you are notified that a Product is unavailable or out of stock and you have already completed the Order such that payment has been made, the value of that part of your Order (made up of the purchase price, any VAT or other general sales tax and any delivery costs which are not associated with another part of your Order) will be refunded direct to your credit/debit card.
7.1 For Your Dog warrants that:
(a) the Products will correspond with the description given on the Site, will be of satisfactory quality and will be fit for the purpose for which products of that kind are commonly supplied.
(b) it has the necessary right and title to sell the Products to you.
7.2 Other than the warranties set out in these Terms, all other conditions, warranties or other stipulations concerning the Products whether express or implied by common law or under statute are excluded to the fullest extent permitted by law.
If the delivery address for your Order is outside Jersey, the addressee will be the importer of the Products and must comply with all laws and regulations of the country into which the Products are delivered. The Products may be subject to import duties and taxes, which are levied once the package reaches the country of delivery. Any such additional charges levied for customs clearance must be borne by you. Please note that we have no control over these charges and cannot predict what they may be at any time in the future.
9.1 Products will be delivered to the address as set out by you in the Order, provided that this address is within the United Kingdom or the Channel Islands.
9.2 Our aim is to ensure that your Order is delivered by the date set out in the Dispatch Confirmation (or if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation), however, delivery dates and timings should be treated as estimates and neither For Your Dog nor our Retail Partners will be liable in any way for late delivery of Products.
10 Title and ownership
10.1 The risk of loss or damage to the Products passes to you on delivery of the Products.
10.2 All ownership, title and risk of loss and/or damage in the goods purchased shall pass to you at the point and time at which the goods are allocated and/or charged to your card or account. The sale may take place in Jersey and be concluded in Jersey or may take place in the United Kingdom and be concluded in the United Kingdom.
11 Consumer Rights
11.1 If you are contracting as a consumer, you may cancel an Order or Contract at any time after placing the Order as long as that notice is received by us within 14 working days of your receipt of the Products concerned. In those circumstances, the price paid by you in relation to any relevant Products will be refunded to you in accordance with our refunds policy set out in Clause 12 below.
11.2 To cancel an Order or a Contract, you should inform For Your Dog by phoning our call centre on 07829707906and one of our representatives will be happy to process the cancellation and any associated refunds. Alternatively, you may cancel your Order or Contract by emailing us at firstname.lastname@example.org or directly from your online account by clicking on "my account" loacting the order in question and return item where you will forwarded to a returns form. Where a cancellation is made, you must return any relevant Product(s) immediately to the address given on the Order or Despatch Confirmation, making sure that the Products concerned are returned in the same condition in which you received them (the costs and risks associated with your return of products being borne by you alone). You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with that obligation, For Your Dog or the relevant Retail Partner may have a right to seek compensation from you for any resulting loss or damage.
11.3 You will not have any right to cancel a Contract for the supply of any of the following Products:
(a) Dog/Cat food, Treats or Confectionary if packaging surrounding the Product's box/bag has been opened;
(b) any goods that have been either personalised or made to your specification; or
(c) any goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
(d) any goods that have been opened and are not in a re-salable condition.
11.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
12 Returns and Refunds
12.1 When you return a Product:
(a) having cancelled a Contract within the 14 working day cooling-off period (see Clause 11.1), For Your Dog will process any refund due to you as soon as possible and, in any case, within 30 days of the day that you gave us notice of your cancellation. For Your Dog will refund all relevant payments received from you (being the purchase price of the Product(s) concerned, any VAT or other general sales tax and any relevant delivery costs). However, you will be responsible for the cost of returning any relevant item(s) to us; or
(b) for any other reason (for example, if you claim that the Product is defective), For Your Dog or our Retail Partner (where applicable) will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. For Your Dog will process any refund due to you as soon as reasonably possible and, in any case, within 30 days of the date of the e-mail confirming that you are entitled to a refund. Where a valid defect is found, you will receive a full refund, including our original delivery charges and the reasonable costs incurred by you in returning the item to us.
12.2 We will usually refund any money received from you using the credit/debit details used by you when making the original purchase.
13 LIMITATION OF LIABILITY
13.1 EXCEPT AS SET OUT IN THESE TERMS THE TOTAL LIABILITY OF For Your Dog AND ITS RETAIL PARTNERS UNDER THE CONTRACT SHALL BE LIMITED TO THE PRICE PAID FOR THE PRODUCTS.
13.2 NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE For Your Dog'S LIABILITY AND THAT OF ITS RETAIL PARTNERS FOR:
(a) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE;
(b) ANY IMPLIED TERMS AS TO DESCRIPTION, QUALITY OR FITNESS FOR PURPOSE OF ANY PRODUCTS;
(c) UNDER SECTION 2(3) OF THE CONSUMER PROTECTION ACT 1987
(d) FRAUD OR FRAUDULENT MISREPRESENTATION; OR
(e) ANY OTHER LIABILITY TO THE EXTENT THAT ANY SUCH LIMITATIONS OR EXCLUSIONS ARE PROHIBITED BY LAW.
13.3 For Your Dog WILL TAKE REASONABLE CARE IN PREPARING THE CONTENT OF THE SITE, BUT THE MATERIAL DISPLAYED ON THE SITE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. EXCEPT TO THE EXTENT SET OUT IN CLAUSES 7.1 OR 13.2 For Your Dog, ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INDIGO GROUP COMPANIES AND RETAIL PARTNERS EXPRESSLY EXCLUDE:
13.3.1 ANY AND ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF TORT OR OTHERWISE; AND
13.3.2 ANY AND ALL LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU IN CONNECTION WITH THE SITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THE SITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING WITHOUT LIMITATION, ANY LOSS OF INCOME OR REVENUE, LOSS OF PROFITS, REVENUE, CONTRACTS, ANTICIPATED SAVINGS, DATA, GOODWILL OR WASTED EXPENDITURE OR ANY INDIRECT OR CONSEQUENTIAL LOSSES THAT WAS NOT REASONABLY FORESEEABLE TO For Your Dog AND YOU WHEN YOU SUBMITTED YOUR ORDER TO US OR WHEN THE CONTRACT WAS FORMED, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, PROVIDED THAT THIS CLAUSE SHALL NOT PREVENT CLAIMS FOR LOSS OF OR DAMAGE TO YOUR TANGIBLE PROPERTY THAT FALL WITHIN THE TERMS OF CLAUSE 13.2 OR ANY OTHER CLAIMS FOR DIRECT FINANCIAL LOSS THAT ARE NOT EXCLUDED BY ANY OF CATEGORIES OF LOSS IN THIS CLAUSE 13.3.
13.4 For Your Dog AND ITS RETAIL PARTNERS WILL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE TO COMPLY WITH OUR OBLIGATIONS UNDER THESE TERMS IF THE DELAY OR FAILURE ARISES FROM ANY CAUSE WHICH IS BEYOND OUR REASONABLE CONTROL INCLUDING BUT NOT LIMITED TO ANY STATUTORY CHANGES OR RULINGS BY ANY ACT OR CUSTOMS AUTHORITY AFFECTING THE CUSTOMS DUTY PAYABLE BY YOU.
13.5 YOU ACKNOWLEDGE AND ACCEPT THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT FREE AND MAY FROM TIME TO TIME REQUIRE PERIODS OF DOWNTIME (BEING PERIODS DURING WHICH THE SITE IS NOT AVAILABLE TO YOU) FOR THE PURPOSES OF REPAIR, MAINTENANCE AND UPGRADING. ACCORDINGLY, For Your Dog DOES NOT GUARANTEE UNINTERRUPTED AVAILABILITY OF THE SITE, BUT IT SHALL MAKE REASONABLE EFFORTS TO MINIMISE ANY PERIODS DURING WHICH THE SITE IS NOT AVAILIBLE.
13.6 WHERE YOU BUY ANY PRODUCT FROM A RETAIL PARTNER THROUGH THE SITE, THE RETAIL PARTNER'S INDIVIDUAL LIABILITY WILL BE SET OUT IN THE RETAIL PARTNER'S TERMS AND CONDITIONS.
14 Card Fraud and Security
14.1 For Your Dog is committed to ensuring that your information is secure. [In order to prevent unauthorised access we have put in place suitable physical, electronic and managerial procedures in line with the Payment Card Industry Data Security Standard (PCI DSS).]
14.2 As part of For Your Dog’s policy to protect against the fraudulent use of credit cards, For Your Dog carries out random security checks on orders. These can take various forms, and may involve contacting you by telephone before your order is processed. From time to time it may be necessary for For Your Dog to ask you to provide a copy of a recent statement header for the card being used on your order. Please note that For Your Dog is only interested in confirming information already provided on your order, i.e. the billing name and address and card issuer details, and do not need to see actual transactions, which can be covered up.
14.3 In addition to the arrangements outlined above, your credit/debit card provider may provide you with further protections designed to reduce fraud. It is recommended that you contact your credit/debit card provider to find out what rights and protection you may have.
15 Your obligations and conduct
15.1 Irrespective of whether you purchase a Product, you warrant that in using the Site you will:-
(a) use the Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Site by any third party;
(b) not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;
(c) not upload, post, transmit or distribute any material or information where you do not own or have the right to use the intellectual property rights, or any material which is unlawful or which is potentially harmful, threatening, abusive, libellous, defamatory, pornographic or otherwise obscene, racially or ethnically or otherwise objectionable or damaging to the reputation of For Your Dog;
(d) not to access, interfere with, damage or disrupt any part of the Site, any equipment, systems or network used to operate the Site, or attempt to access any secure area other than by using your username and password;
(e) transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer or hardware;
(f) use current virus checking software when using the Site; and
(g) not reproduce, duplicate, copy or re-sell any part of the Site.
15.2 By breaching provisions (d) and (e) above, you may commit a criminal offence under the Computer Misuse Act 1990. For Your Dog will report any such breach to the relevant law enforcement authorities and For Your Dog will co-operate with those authorities and disclose your identity, if known by For Your Dog.
16 Trade marks
17.1 The copyright in the content (including but not limited to design, text and graphics) of all the pages on the Site is owned by For Your Dog, or Retail Partners or their licensors (except where otherwise stated). Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions.
17.2 For Your Dog authorises you to carry out the following actions, provided that you comply with the obligations imposed on you under Clause 15.1:-
(a) view and display the content of the Site; and
(b) print or download to a local or network hard drive extracts from or whole pages for your personal use provided you ensure that all pre-existing copyright notices (e.g. "© Indigo Lighthouse Group Limited 2008") appear on such printouts and downloads.
17.3 You must not modify the paper or digital copies of any materials that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
17.4 You are not permitted to incorporate any materials, or any part of the materials, from the Site to any other work or publication, whether in hard copy or electronic or any other form.
17.5 You may not:-
(a) systematically extract and/or re-utilise parts of the Site; or
(b) use substantial parts of the Site (such as our prices and Product listings) to create and/or publish your own database; or
(c) frame or use framing techniques to enclose any trade mark, logo, or other proprietary information of For Your Dog or Retail Partners; or
(d) link to any part of the Site, other than the home page, for any commercial purpose;
unless you have For Your Dog's express written consent.
17.6 No part of the Site may be distributed or copied for any commercial purpose.
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. For Your Dog has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
Nothing in the Site shall be deemed to constitute advice or a recommendation to purchase any Product from a particular Retail Partner.
20 Information about you and the your visits to the site
21.2 If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent that the term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
21.3 The rights of the parties under these Terms may be exercised as often as necessary. They are cumulative and not exclusive of either party’s rights under the general law, and may be waived only in writing. Delay in exercising or non-exercise of any right is not a waiver of that right.
21.4 All parties will comply with all applicable laws in performing their obligations pursuant to these Terms.
21.5 No party shall be liable for any delay in meeting its obligations under these Terms to the extent that such delay arises from any act of God, war, and national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power cuts or fuel shortages.
21.6 For Your Dog is aware that some users may suffer from disabilities which make it difficult to access and use some parts of the Site. Within the constraints of the technology used to construct the Site, For Your Dog has made reasonable efforts to make the Site accessible to disabled users. For Your Dog would like to receive feedback from disabled users to help identify any features which such users may find difficulty to use and to allow For Your Dog to deliver improvements to the service received by such users. If a disabled user requires advice or would like to give feedback in relation to use of the Site, he/she should contact For Your Dog via the "Contact Us" section of the Site.
22 Changes to Service or Terms
For Your Dog reserves the right to change its policies or these Terms from time to time and the relevant Terms applying to any Contract will be the Terms made available to you at the time the Contract is entered into, unless any change to those policies or these conditions is required to be made by law or government authority (in which case changes may apply to Orders previously placed by you). If any of these Terms are deemed invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining Terms.
23 Contact Address
23.1 Please contact us with any queries relating to the Site and any Contract via the "Contact Us" page of the Site.
23.2 Any notice that For Your Dog or our Retail Partner needs to send you will be sent by e-mail to the address supplied by you on the Order.
24 Language, Governing Law and Jurisdiction
These Terms and any Contract shall be governed by the laws of England and Wales. The parties hereby submit to the non-exclusive jurisdiction of the courts of England and Wales. All contracts are concluded using the English language.