BEST 4 PETS TERMS AND CONDITIONS OF SUPPLY OF PRODUCTS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website “www.best4pets.ie”. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
- INFORMATION ABOUT US
1.1. We operate the website www.best4pets.ie. We are Best4Pets (Retail), a company registered in Republic of Ireland under Company Number: 611223 and with our registered office at 104 Monalea Grove, Firhouse, Dublin 24. Our main trading address is Unit 1, Beside Tara Post Office, Ross Cross, Tara, Co Meath, Ireland.
- SERVICE AVAILABILITY
2.1. We do accept orders from addresses inside the UK.
- YOUR STATUS
3.1. By placing an order through our site, you warrant that:
3.1.1. you are legally capable of entering into binding contracts;
3.1.2. you are at least 18 years old;
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1. After placing an order, you will receive an e-mail from us 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 us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
4.2. 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.
- OUR STATUS
5.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.
5.2. If you are contracting as a consumer, this DISCLAIMER does not affect your statutory rights against us. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux.
- CONSUMER CANCELLATION RIGHTS
6.1. If you are contracting as a consumer, you have a statutory right to cancel for any reason and receive a full refund, except in the case of certain products listed in Clause 6.3. You will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in Clause 10 below). Your statutory right to cancel a Contract starts from the date of the Dispatch Confirmation (when the Contract between us is formed). If the Products have been delivered to you, you may cancel at any time within seven working days, starting from the day after you receive the Products.
6.2. To cancel a Contract, you must inform us in writing. If the Products have been delivered to you, you must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession.
6.3. You will not have any right to cancel a Contract for the supply of any made-to-measure or personalised products, newspapers, periodicals or magazines, perishable goods, or software, DVDs or CDs which have had their security seal opened or unsealed.
6.4. Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.
This Clause 6 only applies if you are contracting as a consumer.
- AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
- RISK AND TITLE
8.1. The Products will be your responsibility from the time of delivery.
8.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
- PRICE AND PAYMENT
9.1. The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
9.2. Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.3. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.4. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
9.5. If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
9.6. Payment for all Products must be by credit or debit card. We accept payment with through World Pay or Paypal. We will not charge your credit or debit card until we confirm your order.
- OUR REFUNDS POLICY
10.1. If you return a Product to us:
10.1.1. If you are contracting as a consumer, because you have cancelled the Contract between us within the seven-day cooling-off period (see Clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
10.1.2. for any other reason (for instance, because you have notified us in accordance with Clause 24 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
10.2. We will refund any money received from you, normally by using the same method originally used by you to pay for your purchase.
- 1 We warrant to you that any Product purchased from us through our site will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
- OUR LIABILITY TO A BUSINESS
12.1. Subject to Clause 12.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to Clause 12.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
12.2. Subject to Clause 12.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories [even if such losses result from our deliberate breach]:
12.2.1. loss of income or revenue;
12.2.2. loss of business;
12.2.3. loss of profits;
12.2.4. loss of anticipated savings;
12.2.5. loss of data; or
12.2.6. waste of management or office time.
However, this Clause 12.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this Clause 12.2.
12.3. We do not in any way exclude or limit our liability for:
12.3.1. death or personal injury caused by our negligence;
12.3.2. fraud or fraudulent misrepresentation;
12.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
12.3.4. defective products under the Consumer Protection Act 1987; or
12.3.5. any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or
12.3.6. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
12.4. Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
12.5. This Clause 12 does not apply if you are contracting as a consumer. Please see Clause 13.
- OUR LIABILITY TO A CONSUMER
13.1. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract.
13.2. We only supply the Product for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3. We do not in any way exclude or limit our liability for:
13.3.1. death or personal injury caused by our negligence;
13.3.2. fraud or fraudulent misrepresentation;
13.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
13.3.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples)
13.3.5. defective products under the Consumer Protection Act 1987; and
13.3.6. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13.4. Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
If you are contracting as a business, this Clause 13 does not apply. Please see Clause 12.
- WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge 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.
- NOTICES AND COMMUNICATIONS
All notices given by you to us must be given to Best4Pets (Retail) Company at 104 Monalea Grove, Firhouse, Dublin 24, Ireland. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS IF YOU ARE A BUSINESS
16.1. The contract between you and us is binding on you and us and on our respective successors and assignees.
16.2. 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.
16.3. 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.
This Clause 16 does not apply if you are contracting as a consumer. Please see Clause 17.
- TRANSFER OF RIGHTS AND OBLIGATIONS IF YOU ARE A CONSUMER
17.1. We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this Contract.
17.2. You may only transfer your rights and obligations under this Contract if we agree to this in writing.
This Clause 17 does not apply if you are a business. Please see Clause 16.
- EVENTS OUTSIDE OUR CONTROL
18.1. 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”).
18.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
18.2.1. strikes, lock-outs or other industrial action;
18.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
18.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
18.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
18.2.5. impossibility of the use of public or private telecommunications networks;