Terms and Conditions
This site is owned by The Internet Sales Line Ltd (trading under the brand name of Nutrix Pet Foods) (hereafter THE MERCHANT) and registered in England, Registration No. 07050900 and email address at [email protected]
Any purchase of goods from the site www.nutrixpetfoods.co.uk (hereafter THE MERCHANT SITE) requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".
Purpose
These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by THE MERCHANT for the customer.
Order Confirmation
All contractual information will be confirmed by email to the address specified by the customer during the purchasing act.
Proof of Transaction
The records stored in THE MERCHANT's computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.
Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.
Product Information
Every effort has been made to ensure the accuracy of the information presented on THE MERCHANT SITE. THE MERCHANT or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.
Validity Period of Offer and Prices
Our offers and prices are valid for the day the site is consulted and are subject to change without notice.
Orders and Subscriptions
Our subscription service. When you sign up to one of our plans, you will be subscribed to a regular order of products from us. These products will be provided to you at the intervals set out on the subscription page in accordance with these Terms.
How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
Valid payment details. In order to purchase products from the Site, you must have correct, accurate and valid payment card details entered on your User Account
If we cannot accept your order. If we are unable to accept your order, we will inform you of this and may not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product.
Changes to your details. You must promptly inform us of any changes to the information that you provided us with including your payment details which may affect your order. You can do this quickly and easily by accessing the Logged in Pages. If we are unable to take payment from your card, we may still send an order you place with us and will require payment from you after this has been sent. We also reserve the right not to process your order.
Deadline for changes for subscription products. In relation to our subscription products, if you require the changes to take effect prior to your next delivery you must do this within your online account prior to the cut-off date and time. This cut-off as standard is 11:00pm two days prior to your delivery date. We reserve the right to change the cut-off date and time and will notify you of this change. You will be unable to make a change to your order after this cut-off time, including but not limited to cancellation, address changes, payment details and box contents. You will be charged for any delivery which is active at the time of cut-off.
Orders and box sizes. When we recommend a certain type of meal size for your pet, based on criteria specified by you in the Logged In Pages, this will determine the size of the box in which it is delivered. Please note, our recommendation and the box size may be subject to changes over time. Specific factors that will influence the box size recommendation including, but are not limited to, the age, breed, activity level, weight, body condition of the pet, the time period covered, data and feedback provided by you through your Account. You must keep your Account up-to-date in order for us to continue to be able to recommend a specific box size for your pet.
Prices. The total price paid by you for your product is the price of the specific box calculated on the day your order is processed, plus VAT where appropriate. This cost breakdown will be displayed on the Site prior to you confirming the order. At this point, you can modify your details and the details of your pet prior to completing the purchase.
Paying for your order. The charge for the total price will be charged to the payment card we hold on your account for you at the cut off time for each specific order.
Your Logged In Pages. You can manage your future orders with us through your Logged In Pages. Any changes you make through the Logged In Pages may change the price of your order, and we will display this price to you once you have submitted these changes.
Cancelling your subscription. Your subscription will remain in place unless cancelled. You can access this through via email to sales@nutrixpetfoods.co.uk. If you cancel your subscription and reactivate at a different time the price may be a different price than the price in effect for the plan at the time of cancelling your original account.
Non subscription products. We make some products available on the Site for you to purchase either together with or without a subscription. These products are sold on the same basis as our subscription products and are subject to these Terms.
Delivery Terms
Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service.
All products leave our premises in perfect condition. The customer must notify the carrier of even the slightest trace of damage (holes, signs of crushing, etc.) to the package, and refuse the package. A new, identical product will then be sent to the customer at no additional charge.
No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of receipt.
We shall not be held responsible for delayed delivery times due to the carrier, nor delays due to bad weather or strikes.
Next day delivery refers to next business day. We cannot guarantee orders will arrive on weekends or public holidays.
Loss or Damage in Transit
Firstly, do not sign for the consignment if you suspect, or can see, that the consignment has been damaged in any way. Inform the driver that you wish to inspect the goods prior to providing any signature. If the goods are acceptable to you then sign as normal. If the goods are damaged then please refuse delivery and contact us immediately on 01282 918001.
NOTE: If you sign for the goods it means you have accepted those goods and no refunds, returns or further claims can be made.
THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE MERCHANT and the carrier within three (3) business days of delivery.
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE MERCHANT or its representatives on request. The customer cannot make use of any damaged goods as this would constitute acceptance of the goods and no refunds, returns or further claims can be made.
Delivery Errors
The customer must inform THE MERCHANT immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.
Any claim made after this time period will be rejected.
All claims must be made in writing and sent to THE MERCHANT ADDRESS.
Any claim that does not respect the rules defined above cannot be taken into account and releases THE MERCHANT of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE MERCHANT in whole, in its original packaging and in perfect condition to THE MERCHANT ADDRESS.
For claims to be accepted, the customer must first make a declaration to THE MERCHANT concerning any returns and receive and THE MERCHANT's consent. If accepted, the customer will ship the package to THE MERCHANT ADDRESS.
Shipping fees shall be at THE MERCHANT's expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return.
Warranty
The provisions hereof cannot deprive the customer of their right to legal warranty requiring THE MERCHANT to protect the customer against latent defects of goods sold.
In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product.
All products sold on THE MERCHANT SITE are under a one (1) year warranty. All products that have been modified or repaired by the customer or any other party not chosen by THE MERCHANT are not covered by this warranty.
The warranty can be extended according to the terms provided in store and on the website.
Right to Withdrawal
In accordance with the Distance Selling Regulations 2000, the customer has the right to a cooling off period of seven (7) business days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason. All returns can be indicated beforehand with THE MERCHANT customer service department. All goods must be returned to THE MERCHANT ADDRESS.
The cooling off period and right to cancel do not apply to contracts, orders for any goods made to your specification, any downloaded goods or unsealed goods including but not limited to (DVD, CD, Tapes, Software, Video and audio). NOTE: it also does not apply to perishable goods, in this case dog and cat food. We cannot accept cancellations for returns of dog and cat food, except where it is an incorrect delivery, or there is a defect with the product.
Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods. If the customer exercises the right to withdrawal, they have the option of requesting a full refund or exchange of goods. If an exchange is requested, all shipping expenses shall be the responsibility of the customer.
If the right to withdrawal is exercised, THE MERCHANT will make every effort to refund the customer within 30 days.
Right of Use
The use of any trademarks, logos or brands present on the site is strictly forbidden.
Force Majeure
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.
In such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within ten (10) business days following the date such events become known.
Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
Partial Invalidity
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
Non-Waiver
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.
Data Protection
All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.
Applicable Law and Competent Jurisdiction
In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT's terms and conditions.
In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.