Terms & Conditions

BACKGROUND:

THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF THIS WEBSITE AND ANY PURCHASE YOU MAKE SO PLEASE TAKE TIME TO READ THEM. THEY DO NOT AFFECT YOUR STATUTORY RIGHTS.

1. Introduction

Welcome to the DIET-DOG.co.uk website's terms and conditions ("Terms"). These Terms govern your use of this website and any purchase of goods you make from www.diet-dog.co.uk. Please read through them carefully before placing your order. By using this Website and/or placing an order you agree to be bound by the Terms set out below. We may change these Terms from time to time without notice to you. Changes will apply to any subsequent orders received.

Although we take pride in this website, please note that the information posted on it may be inaccurate, incomplete or out of date. In particular, some details of the products we offer for sale, such as colour and dimensions may not be a true representation. The contents of this website, including product prices, delivery charges and product details, are subject to change at any time without notice.

Once your order has been confirmed, we will not be able to make any changes.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

In these Terms, the following terms shall have the following meanings:

"Account" means your personal information (such as name, address, telephone number, email address);

"Carrier" means any third party responsible for transporting purchased Goods 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 Website;

"Goods" means any products that diet'dog makes available for sale through this Website;

"diet'dog/we" means diet'dog UK of 36 St Matthews Lodge, 50 Oakley Square, London NW1 1NB (and "us" and "our" will be construed accordingly);

"Service" means collectively any online facilities, tools, services or information that diet'dog makes available through the Website either now or in the future;

"Purchase Information" means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;

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

"Website" means the website that you are currently using http://www.diet-dog.co.uk/; and

"you" means any customer or potential customer (and "your" will be construed accordingly).

2. Age Restrictions

Persons under the age of 18 should use this Website 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 do not apply to customers buying Goods in the course of business. If you are a business customer, please contact us at enquiries@diet-dog.co.uk.

4. Customers located overseas

This Website has been produced for our United Kingdom customers. We do sell to customers located overseas, but not on the terms and conditions set out on this Website. In particular, prices, delivery charges and estimated delivery charges vary. If you are located overseas and wish to place an order please visit our international website at http://www.diet-dog.com/cart/home.html.

5. Our offerings

5.1. All Goods are subject to availability. We will inform you as soon as possible if the Goods you have ordered are not available.

5.2. All Goods offered for sale by diet'dog on this Website are offered on an "invitation to treat" basis only. This means that we are not obliged to sell you a Good on the terms stated until we have dispatched the Good to you.

6. Placing and accepting an order

6.1. You can place an order to purchase Goods from diet'dog via this Website. diet'dog will send you written confirmation by email that we have received your order. Once you have submitted an order it is not possible to change or cancel it except as expressly set out in these Terms. Please note that we may decline to accept an order at our discretion.

6.2. diet'dog accepts your order at the time diet'dog dispatches the ordered Goods to you and it is at this moment that a contract of sale is made between you and diet'dog.

7. Goods and Pricing

7.1. Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from diet'dog correspond to the actual Goods, diet'dog 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. The contents of this Website including Goods prices, delivery charges and Goods details, are subject to change at any time without notice.

7.2. The prices payable for the Goods we offer for sale are clearly displayed on this Website in pounds sterling and are inclusive of any applicable excise duty and VAT and any promotional offers if applicable. Prices do not include the cost of delivery which will be added to the total amount due. Details of our delivery charges can be found at [insert link to Delivery]. Please accept that we are unable to refund any cost for postage that you may have paid, unless we have sent you an item incorrectly or the item is deemed to be faulty. All pricing information on the Website is correct at the time of going online. diet'dog reserves the right to change prices and alter or remove any special offers from time to time and as necessary without notice. The price you pay is the price displayed on this Website at the time you submit your order.

8. Payment

8.1. You can pay by MasterCard or Visa credit or debit card or with your Paypal account. All payments made by debit or credit cards through this Website are handled and transacted through a third party dedicated payment gateway, Paypal.

8.2. When purchasing online using your debit or credit card, all of your information is entered into a SSL secure web page. Your information is then SSL-encrypted and sent directly to our third party dedicated payment gateway, Paypal, where your card and transaction is authorised and approved.

8.3. Your debit or credit card information is not stored on our server. Please read Paypal's terms & conditions, as they are responsible for the transactions made.

8.4. All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

8.5. Authority for payment is given at the time you submit your order. You will be charged at the time your payment is validated by PayPal. When you submit your order you are re-directed to PayPal's secure payment site. Once your payment is complete, you will be emailed a receipt for this transaction.

8.6. If the products you have ordered are not available we will inform you as soon as possible and give you a full refund of any sums paid to us within 30 days of receipt of such payment.

8.7. If you would like to learn more about how PayPal does business and why we think it is the no. 1 choice for safe and secure transactions online then read Why PayPal is Safe for Buyers.

9. Delivery

9.1. If the Goods you order are in stock then we aim to dispatch the Goods to you within two working days of the day we receive your order. Please note that the day we receive your order may not be the same day you place the order, for example if you place the order on a Saturday, Sunday or English bank holiday. If the Goods are not in stock then we will dispatch the Goods to you once they are in stock. Please note that we cannot, and do not, guarantee to deliver Goods by any particular date.

9.2. diet'dog will deliver Goods to the delivery address you specify for delivery in your order. It is important that this address is accurate. Please note that we are only able to deliver to addresses within the United Kingdom. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions.

9.3. You must make all arrangements necessary to take delivery of Goods when we deliver them to you. If you do not accept delivery of Goods or we are unable to deliver or are delayed in delivering Goods because of your actions or omissions then we may charge you and you will be liable to us for all costs we incur as a result.

9.4. If diet'dog receives no communication from you, within two 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.

10. Cancellation

You have a statutory right to a "cooling off" period. This period begins once your order is complete and ends 7 working days after the Goods have been delivered. If you change your mind about the Goods within this period, please return them to diet'dog within 7 working days of receipt. You are responsible for paying shipment costs. Please include your proof of purchase and ensure the Goods are in perfect condition and in the same condition in which you received them. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. We will issue a full refund on receipt, or exchange the item if you prefer. The items are your responsibility until they reach us. For your own protection, we recommend that you send the parcel using a delivery service that insures you for the value of the Goods.

11. Title and risk

Goods that you order remain our property until we receive payment for them in full from you. Risks in the Goods pass to you on delivery, or if you fail to take the delivery at the agreed time, the time when we tried to deliver. Title reverts to diet'dog in the event that you cancel your order or return items to diet'dog. Goods supplied are not for resale.

12. Intellectual Property

12.1. All rights, including copyright and database rights, in this Website and all Content included on the Website, unless uploaded by you, 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 diet'dog, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

12.2. You may access the Content of this Website for your own private use, but not for commercial or public use. You may download and use the Website on your computer and you can print out hard copies of any part of the Content of the Website for your personal use only. Except where your use is permitted above or by copyright law, you may not reproduce, copy, distribute, store in any medium (including any other website), distribute, transmit or re-transmit, broadcast, modify or show in public or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by diet'dog.

13. Links to Other Websites

This Website may contain hypertext links to other websites or contacts. We provide such links for information purposes only and such links do not constitute an endorsement or recommendation by diet'dog of any material, products or services contained on, accessible through or offered on such sites. You use such links entirely at your own risk and diet'dog accepts no responsibility whatsoever for the content or use of such websites or for the information contained on such sites (including any website through which you may have gained access to our website), your use or inability to use such webpages or for any and all forms of loss or damage arising out of your use of them.

14. Links to this Website

You may not link to this Website, nor frame it without diet'dog's express written permission. We expressly reserve the right to withdraw our consent at any time to a link which in our sole opinion is inappropriate or controversial.

15. Use of this Website

15.1. You agree to use this Website for lawful purposes only and in a manner which is consistent with any and all applicable law and regulation in the country in which you access the Website. Your use of this Website should not infringe the rights of, or restrict or inhibit the use and enjoyment of this Website by, any third party. You agree not to import or transfer to this Website either directly or indirectly any information or other content which is or may be inaccurate, misleading, defamatory, obscene or offensive or in breach of any intellectual property right or similar right or damaging to the software or performance of this Website. You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".

15.2. You acknowledge that diet'dog reserves the right to monitor any and all communications made to us or using our System.

15.3. You acknowledge that diet'dog may retain copies of any and all communications made to us or using our System.

15.4. You acknowledge that any information you send to us through our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

15.5. To the maximum extent permitted by law, we disclaim all implied warranties with regard to the information, services and materials contained on this Website. All such information, services and materials are provided "as is" and "as available" without warranty of any kind.

15.6. It is your responsibility to ensure that you have the appropriate hardware, software and protection (such as virus protection) to enable you to use this Website and download information from this Website safely and securely. diet'dog is not responsible to you for any computer virus or bug that affects your computer systems or data as a result of your use of this Website or the downloading of any information from this Website.

16. Accounts

16.1. In order to purchase Goods on this Website, you may either buy as a guest or create an Account which will contain certain personal details.

16.2. By creating an Account you agree that the details provided by you on registration, or at any time, are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. You must give us your real name, address, phone number, email address and any other details that we may require to process your order.

16.3. Your email address is essential in order for us to be able to supply you with important information such as order confirmations, and changes to the service. By creating an Account, you accept that your email address may be used to supply you with such information.

16.4. It is recommended that you do not share your Account details, particularly your username and password. Please note that you are responsible for maintaining the confidentiality of your password and Account and any activities that may occur under your Account. diet'dog 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.

16.5. When choosing your username you are required to adhere to the terms set out above in Clause 15. Any failure to do so could result in the suspension and/or deletion of your Account.

17. Indemnity

You agree to indemnify and hold diet'dog's harmless from all liabilities, claims and expenses that arise out of the content you submit, post or transmit via the Website, or from your use/misuse of the Website or the use/misuse by any person for whom you are responsible or from your violation of the Terms.

18. Dealing with third party suppliers

You agree that your dealings with third party suppliers (such as Paypal) found on or through the Website, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party supplier, and you agree not to hold diet'dog liable for any disputes you may have with such third party supplier.

19. Privacy

19.1. Use of the Website, Account data or data provided as a guest and certain other information about you is subject to our Privacy Policy [add html code to make this into a link] which is incorporated into these Terms and by this reference. To view the Privacy Policy, please click on the link above.

20. Disclaimers

20.1. This Website is provided on an "AS IS" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.

20.2. diet'dog assumes no liability for any viruses or any other disabling features that affect your access to or use of the Website.

20.3. diet'dog assumes no liability for any incompatibility between the Website and other websites, services, software and hardware.

20.4. diet'dog assumes no liability for any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Website.

20.5. diet'dog assumes no liability for any modification, suspension or discontinuance of its Website, domain names or services.

21. Changes to the Service and these Terms

diet'dog reserves the right to change the Website, its Content or these Terms at any time without notice by posting the new terms on the Website. Any modification of the Terms shall be effective immediately upon posting of the modified Terms on this Website. Accordingly, your continued access or use of this Website is deemed to be your acceptance of the modified Terms. The Terms will be deemed to be amended and legally binding between you and diet'dog on you first accessing the System after posting of the relevant amendment. If diet'dog is required to make any changes to the Terms 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.

22. Availability of the Website

22.1. 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.

22.2. diet'dog accepts no liability for any disruption or non-availability of the Website 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.

23. Limitation of Liability

23.1. To the maximum extent permitted by law, diet'dog accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, punitive, consequential, special or exemplary damages of whatsoever kind arising out of access to, or the use of this Website or any information contained in it, including loss of profit, loss of, damage to, information or corruption of data and the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. You should be aware that you use the Website and its Content at your own risk.

23.2. Nothing in these Terms excludes or restricts diet'dog's liability for death or personal injury resulting from any negligence or fraud on the part of diet'dog or any liability which cannot be excluded or limited by applicable law or regulation.

23.3. Whilst every effort has been made to ensure that these Terms 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 shall not affect the validity and enforceability of the remaining Terms. This term shall apply only within jurisdictions where a particular term is illegal.

24. No Waiver

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

25. Previous Terms and Conditions

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

26. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of these Terms will not be affected or impaired.

27. Force majeure

Neither party shall be liable to the other for any delay or non-performance of its obligations under these Terms arising from any cause or causes beyond its reasonable control including, without limitation, any of the following: act of God, governmental act, war, act of terrorism, fire, flood, explosion, civil commotion, natural disaster, strikes, lockout action or other labour disputes, any law, regulation, ruling or requirement of any governmental, regulatory or supervisory body, authority or agency, exchange or market or omission of a third party equipment supplier or hardware or software supplier or a third party communications provider.

28. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and diet'dog.

29. Law and Jurisdiction

These Terms and Conditions and the relationship between you and diet'dog shall be governed by and construed in accordance with the Law of England and Wales and diet'dog and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

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