Doghealth — Terms and Conditions
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Terms and Conditions

 

This website is operated by

Norfolk Trading Limited 

LIONWORKS

CASTLE ACRE ROAD

SWAFFHAM

NORFOLK

PE37 7HS

tel 01760 726340

fax 01760 721006

  •  Terms and Conditions

    This agreement applies as between you, the User of this Web Site and Norfolk Trading Limited ( " NTL").  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

    No part of this Web Site is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our dispatching the goods you have ordered to you..

    1.               Definitions and Interpretation

    In this Agreement the following terms shall have the following meanings: 

     

    “Account”

    means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;

    “Carrier”

    means any third party responsible for transporting purchased Goods from our Premises to customers;

    Content

    means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

    “Goods”

    means any products that NTL advertises and  / or makes available for sale through this Web Site;

    “NTL

    means Norfolk Trading Limited

    Service

    means collectively any online facilities, tools, services or information that Doghealth makes available through the Web Site either now or in the future;

    “Payment Information”

    means any details required for the purchase of Goods from this Web Site.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

    “Purchase Information”

    means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

    “Premises”

    Means our place(s) of business located.;

    System

    means any online communications infrastructure that NTL makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

    “User” / “Users”

    means any third party that accesses the Web Site and is not employed by NTL and acting in the course of their employment; and

    “Web Site”

    means the website that you are currently using  and any sub-domains of this site unless expressly excluded by their own terms and conditions.

     

    2.               Age Restrictions

    Persons under the age of 18 should use this Web Site only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

    3.               Business Customers

    These Terms and Conditions apply to customers buying Goods in the course of business as well as customers buying goods for non business purposes..

    4.               International Customers

    If Goods are being ordered from outside NTL's country of residence, import duties and taxes may be incurred once your Goods reach their destination.  NTL is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and NTL cannot guarantee that the packaging of your Goods will be free of signs of tampering.

    5.               Intellectual Property

    5.1            Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of NTL, our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

    5.2            Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by NTL.

    6.               Third Party Intellectual Property

    6.1            Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

    6.2            Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

    7.               Fair Use of Intellectual Property

    Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

    8.               Links to Other Web Sites

    This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of NTL or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

    9.               Links to this Web Site

    Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of NTL.  To find out more please contact us by e-mail.

    10.            Use of Communications Facilities

    10.1        When using the inquiry form or any other System on the Web Site you should do so in accordance with the following rules:

    10.1.1   You must not use obscene or vulgar language;

    10.1.2   You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

    10.1.3   You must not submit Content that is intended to promote or incite violence;

    10.1.4   It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

    10.1.5   The means by which you identify yourself must not violate these terms of use or any applicable laws;

    10.1.6   You must not impersonate other people, particularly employees and representatives of NTL or our affiliates; and

    10.1.7   You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

    10.2        You acknowledge that NTL reserves the right to monitor any and all communications made to us or using our System.

    11.            Accounts

    11.1        In order to purchase Goods on this Web Site and to use the facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase.  By continuing to use this Web Site you represent and warrant that:

    11.1.1   all information you submit is accurate and truthful;

    11.1.2   you have permission to submit Payment Information where permission may be required; and

    11.1.3   you will keep this information accurate and up-to-date.

    Your creation of an Account is further affirmation of your representation and warranty.

    11.2        It is recommended that you do not share your Account details, particularly your username and password.  NTL accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

    11.3        If you have reason to believe that your Account details have been obtained by another without consent, you should contact NTL immediately to suspend your Account and cancel any unauthorised purchases that may be pending.  Please be aware that purchases can only be cancelled until they are dispatched.  In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, NTL accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

    11.4        When choosing your username you are required to adhere to the terms set out above in Clause 10.  Any failure to do so could result in the suspension and/or deletion of your Account.

    11.5        Either NTL or you may terminate your Account.  .

    11.6        If NTL terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.

    11.7        NTL reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

    11.8        If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.

    11.9        If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

    12.            Warranty

    12.1        All goods supplied by us are warranted free from defects for 12 months from the date of supply. This warranty does not affect your statutory rights as a consumer. If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of this warranty. Our dog runs are guaranteed for life against manufacturing defects. We are not able to guarantee them against damage in use where an inappropriate panel is used for a boisterous or untrained dog.

    12.2        This warranty does not apply to any defect in the goods arising from fair wear and tear, failure to maintain them in good condition, willful damage, misuse, accident, negligence by you or any third party, use otherwise than as recommended by us or the manufacturer, failure to follow our or manufacturers installation or other instructions, or any alteration or repair carried out without our approval.

    12.3         In the event that you would be entitled to damages against us for any breach of condition or warranty or representation (unless fraudulent) we shall not be liable to pay damages but shall (subject to clause 7.2 above) at our sole discretion either repair the goods at our own expense or supply replacement goods free of charge or refund all (or where appropriate part) of the price paid for the relevant goods.

    12.4        If a complaint proves to be baseless then you will be liable to pay us for our costs and expenses in investigating the complaint.

    13.            Goods, Pricing and Availability

    13.1        Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from NTL correspond to the actual Goods, NTL is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.  Please refer to Clause 15.1 for incorrect Goods.

    13.2        No contract exists between you and us for the sale of any goods until we have received and accepted your order, and in the case that there may be additional carriage charges for the delivery address that you advise us of, until we have specifically confirmed to you the carriage costs for your intended purchase.. Once we do so, there is a binding legal contract between you and us. It is your responsibility to ensure that correct goods for your purpose are ordered.

    13.3        Where appropriate, you may be required to select the required size/model/colour/number/other features of the Goods that you are purchasing.

    13.4        NTL does not represent or warrant that such Goods will be available. If goods are not available then any contract to sell goods is  void. All acceptances of orders are  subject to availability and no enforceable contract will exist where goods are not available.

    13.5        All pricing information on the Web Site is correct at the time of going online.  NTL reserves the right to change prices and alter or remove any special offers from time to time and as necessary. 

    13.6        In the event that prices are changed during the period between an order being placed for Goods and NTL processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

    13.7        The contract is subject to your right of cancellation save as regards special items/orders (i.e. where goods supplied have not been as website specification but have been supplied or manufactured to your own special request or specification requirements or where goods have been made to order e.g. large dog kennels, cat kennels, dog runs, galvanised panels etc.) where there is no right of cancellation.

    13.8        Title and ownership to the goods shall remain with us until they have been paid for in full

    13.9        Prices on the Web Site include VAT. NTL’s VAT number is  196 4278 64

    14.            Delivery 

    14.1        The goods you order will be delivered to the address given when you place your order. Some parts of  Scotland  , Northern &  Southern Ireland  ,  Channel Islands  ,  Isle of Man   and   Isle of  Wight   and other offshore locations may have excess charges.  You are advised to ring 01760 726340 for charges..

     

    14.2        All goods shall be checked by you or on your behalf upon delivery and any damage or shortages noted on the delivery note or delivery refused. You must also at the same time notify us direct in writing. We will not be liable in respect of any damage or shortages not entered on the delivery note.

    14.3        If NTL receives no communication from you, within 5 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

    14.4        If there is no one at your address to accept delivery of the goods, the couriers may at their discretion leave the goods at your premises evidenced by a photograph. Alternatively they will either notify you of an alternative delivery date or a place to collect the goods.  You will be liable to pay any additional costs and expenses that a re-delivery could incur which can be very costly.

    14.5        Delivery of the goods shall be affected when they are delivered to the nearest point to the highway which is on the delivery address. It is your responsibility to move the goods to any other part of the property and to have labour available for that purpose.

    14.6        If you request that your goods be left without signature
    We cannot guarantee that the carriers will leave goods without a signature. If this is the case, they may leave them at the property and will take photographic evidence. They may leave a card requesting you to contact them with a date when a signature can be obtained. You will be responsible for any additional costs where a re delivery is requested.
    If the carriers do leave the goods without a signature, then you must take full responsibility for any subsequent loss, damage or theft of the goods.

     

    15.            Returns Policy

    NTL aims to always provide high quality Goods that are fault free and undamaged.  On occasion however, goods may need to be returned.  Returns are governed by these Terms and Conditions.

    15.1        If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return.  NTL is not responsible for paying shipment costs.  You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods.  Refunds and replacements will be issued upon our receipt of the returned Goods.

    15.2        If any Goods you have purchased have faults when they are delivered to you, you should contact NTL within 28 days to arrange collection and return.  NTL is not responsible for paying shipment costs.  Goods must be returned in their original condition with all packaging and documentation.  Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

    15.3        If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged.  In any event, you should report such damage to NTL within 10 days and arrange collection and return.  NTL is not responsible for paying shipment costs.  Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods. Dog run panels and some other items we supply are not wrapped for maximum protection against minor damage in transit. Such damage includes marks or scratching on the metal and minor bending of panels. Where this occurs and does not affect the functionality of the item we do not accept that damage sufficient to compromise the integrity of the item has occurred and we do not consider that replacement is warranted.

    15.4        You have a statutory right to a “cooling off” period.  This period begins once your order is complete and ends 7 days after the Goods have been delivered.  If you change your mind about the goods within this period, please return them to NTL within 7 days of receipt.  Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of NTL. You are responsible for paying shipment costs if Goods are returned for this reason. For health & hygiene reasons, goods returned that are deemed to be used will not be refunded

    15.5        If you wish to return Goods to NTL for any of the above reasons, please contact us in writing to make the appropriate arrangements.

    15.6        You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. You must also ensure that the goods are repackaged in their original packaging or similar in order to avoid damage to the product on its return as items received damaged may only be partially refunded.

    15.7        In certain instances, we may be able to arrange collection of the goods but this is not always possible.  As we use third party transport we will not be held responsible for any unavoidable delays (i.e. excess traffic, running out of time) in collection or for the couriers calling on a different day to that originally organised as this is beyond our control.  If at all possible, we will inform you as soon as possible of any changes.  If you are not in when the couriers call to collect, they may leave you a card asking you to contact them to rearrange the collection.  It is your responsibility to contact them and any delays in contact could result in extra charges.

    15.8        NTL reserves the right to exercise discretion with respect to any returns under these Terms and Conditions.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

    15.8.1   Any use or enjoyment that you may have already had out of the Goods;

    15.8.2   Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;

    15.8.3   The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;

    15.8.4   Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

    Such discretion to be exercised only within the confines of the law.

    16.            Privacy

    Use of the Web Site is also governed by our Privacy policy which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above.

    17.            Disclaimers

    17.1        NTL makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

    17.2        No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

    17.3        No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

    18.            Changes to the Service and these Terms and Conditions

    NTL reserves the right to change the Web Site, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes.  If Doghealth is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

    19.            Availability of the Web Site

    The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

    Doghealth accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

    20.            Limitation of Liability

    20.1        To the maximum extent permitted by law, Doghealth accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

    20.2        Most of our goods are delivered by third party transport and every effort will be made to deliver the goods within the stated time and in any event within 30 days of your order.  However, we will not be held responsible for any loss, damage or costs incurred through any reasonable or unavoidable delay in delivery as this is beyond our control. If at all possible, we will inform you as soon as possible of any expected delays.

    20.3        Nothing in these Terms and Conditions excludes or restricts NTL liability for death or personal injury resulting from any negligence or fraud on the part of NTL

    20.4        Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforce ability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

    20.5        If any clause or sub-clause of these Terms is held by a competent authority to be invalid or unenforceable the validity of the other clauses and sub-clauses of these Terms shall not be affected and they shall remain in full force and effect.

    21.            No Waiver

    In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

     

    22.            Previous Terms and Conditions

    In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

    23.            Notices

    All notices / communications shall be given to us either by post to our Premises (see address above) or by email.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

    24.            Law and Jurisdiction

    These terms and conditions and the relationship between you and NTL shall be governed by and construed in accordance with the Law of England and Wales and NTL and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

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