The services offered by Us through this sdpetcare.co.uk website (the "Site")
are subject to the Website Terms of Use and Trading Terms set out below which
together form the terms and conditions ("Terms and Conditions"). By
using the Site, you accept, without limitation or qualification, these Terms
and Conditions. If you do not agree to these Terms and Conditions, please do
not use this Site.
We are committed to protecting your privacy. Please also see our Privacy
Policy
We reserve the right to update the Terms and Conditions at any time. When We
do so, We will provide access to the new Terms and Conditions on the Site home
page. The new Terms and Conditions will take effect immediately, and will govern
all transactions with Us through the Site. If you do not agree with the new
version of the Terms and Conditions, you must cease to use the Site.
Website Terms of Use
Accessing the Site
We cannot guarantee that the Site will operate continuously or without interruptions
or be error-free. You must not attempt to interfere with the proper working
of the Site and, in particular, you must not attempt to circumvent security,
tamper with, hack into, or otherwise disrupt the Site or any computer system,
server, router or any other internet-connected device.
We cannot and do not guarantee or warrant that any content of the Site will
be free from infection, viruses and/or other code that has contaminating or
destructive properties. You are responsible for implementing sufficient procedures
and virus checks (including anti-virus and other security checks) to satisfy
your particular requirements for the safety and reliability of data input and
output.
We reserve the right, at our discretion, to withdraw, suspend or modify the
Site or certain features or parts of the Site with or without notice to you,
where We have reason to do so. There may also be times when the Site or certain
features or parts of the Site become unavailable, whether on a scheduled or
unscheduled basis. You agree that We will not be liable to you or to any third
party for any withdrawal, modification, unavailability, suspension or discontinuance
of the Site or any service available on or through the Site.
We do not accept liability for any losses or claims arising from any inability
to access the Site or any failure to complete a transaction.
Using the Site
This Site is for personal and non-commercial use. You must not use any materials
contained in the Site except to the extent necessary for your own personal use.
In using the Site and information available from the Site, you agree that you
will not:
(a) post, disseminate or transmit unauthorised advertisements or promotional
materials, chain letters, junk mail or any other type of unsolicited mass email
to people or entities who have not agreed to be part of such mailings;
(b) omit, delete, forge or misrepresent transmission information, including
headers, return mailing and Internet protocol addresses or otherwise manipulate
identifiers to disguise the origin of any content;
(c) impersonate any person or entity, or fail to state or otherwise misrepresent
an affiliation with any person or entity;
(d) engage in any activities in order to withhold or cloak identity or contact
information;
(e) send harassing and/or threatening messages to others;
(f) engage in "flooding" - i.e. ICMP flooding and mail bombing (sending
large amounts of email repeatedly to the same email address);
(g) use the information available on the Site for any illegal, immoral or anti-social
purpose, in violation of any applicable laws or regulations or in a manner which
is or may be damaging to Our name or reputation;
(h) publish web pages or content that contain links that initiate downloads
of copyright infringing or other illegal material;
(i) electronically stalk or otherwise electronically harass another; or
(j) engage in any Internet activities that would violate the personal privacy
rights of others, including but not limited to, collecting and distributing
information about Internet users without their permission.
You agree that you are responsible for your own communications and that you
will not post, disseminate or transmit any content that:
(1) contains personally identifiable information belonging to minors; or
(2) is for commercial purposes or contains advertising or is intended to solicit
a person to buy or sell services or to make donations.
Accuracy of information
We will use reasonable endeavours to ensure that information on the Site is
accurate, but commentary and other material posted on the Site are not intended
to amount to advice or authority on which reliance should be placed. Except
to the extent that Our Trading Terms apply (as set out below), We make no representation
or warranty that any information is accurate, complete or up-to-date and, to
the fullest extent permitted by law, We accept no liability for any loss or
damage caused by any reliance placed on such information by you or anyone to
whom you communicate such information.
Intellectual Property
All content on the Site is protected by copyright. We, or Our licensors, own
copyright and/or database rights in the selection, coordination, arrangement
and enhancement of such content, as well as in the original content. Except
as expressly set out in these Terms & Conditions, nothing shall give you
any rights in respect of any intellectual property owned by Us or Our licensors.
You shall not assert or attempt to obtain any such rights and you shall not
use, copy, reproduce, modify, publish, transmit, participate in the transfer
or sale of, create derivative works from, or in any way exploit, Our name, trade
marks, logos or other proprietary marks, or any of the content of the Site,
in whole or in part, except as provided in these Terms & Conditions.
You may download information from the Site for your own personal non-commercial
use only. Except as otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial exploitation of downloaded
material will be permitted without Our express permission and that of the copyright
owner. In the event of any permitted copying, redistribution or publication
of copyright material, no changes in or deletion of author attribution, trade
mark legend or copyright notice shall be made. You acknowledge that you do not
acquire any ownership rights by downloading copyright material.
The rights granted to you under these Terms & Conditions shall terminate
immediately upon your breach of any of these Terms of Use.
Your Site Account
You may create an account on this Site by clicking on the My Account link on
the homepage and following the on-screen prompts. Please note that you will
be required to supply information including a valid email address and your home
address. This needs to be the registered address of your chosen payment card.
Incorrect details may result in the rejection of your order.
You can amend your details at any time by logging in or while placing your next
order. To do so , either select change your details on the checkout screen
or log in and navigate to your account pages and follow the relevant links.
Note that We reserve the right to suspend or terminate your account if it is
or appears to Us to be used in breach of any of the provisions of these Terms
and Conditions, including the provision of false registration details or any
other misuse of the Site. Any person who holds such a suspended or terminated
account must not re-register on the Site without Our prior consent.
Linked Sites
We assume no responsibility for the contents of any other web sites to which
the Site has links and We do not endorse the material on any linked web site.
The provision of any links does not imply We have any association with their
operators. We shall not be held responsible or liable for any loss or damages
caused or alleged to have been caused by use of or in reliance on any content,
goods or services available on such hyperlinked sites.
Trading Terms
Pricing Policy
We continue to review Our service to ensure that customers keep coming back
to Us for more than just great value in all the products we sell.
The prices of products advertised for sale on the Site are as set out on the
Site, errors and omissions excepted. All prices are in pounds (£) sterling,
inclusive of VAT at the current rates, and UK delivery charges. For international
shipping quotes, please contact us.
Prices may change at any time prior to acceptance of your order.
In the unlikely event that the price of an item has been incorrectly advertised
on the Site, We will usually contact you to ask whether you wish to proceed
with your order at the correct price. If you are not happy to proceed, or We
are unable to obtain your instructions, We will cancel your order and any sum
debited by Us from your debit/credit card will be refunded in full to the same
card. We will not be obliged to supply products at the incorrect price.
Product Information
We have taken reasonable steps to display as accurately as possible the pack
shots, product descriptions, screen shots, specifications and other detailing
of Our products in the images that appear on the Site. However, as the actual
detailing you see onscreen will depend on your monitor, We cannot guarantee
that your monitors display of such detailing will exactly reflect the detailing
of the product upon delivery. All detailing of products is subject to change
and may not represent the finished product.
Offers cannot be used in conjunction with any other offer (online or otherwise).
We reserve the right to restrict offers to one purchase per household at our
discretion. All offers are subject to availability while stocks last. Offers
may be withdrawn without any notice.
The feature on the Site of a product does not constitute a guarantee of its
availability. Products, prices and technical requirements are subject to change
at any time without notice.
Orders for Sales & Purchases
You may place an order to purchase a product advertised for sale on the Site
by following the onscreen prompts after clicking on the item you are interested
in. You will have an opportunity to check and correct any input errors in your
order up until the point at which you submit your order by clicking the submit
order button on the payment page.
All orders placed by you are subject to acceptance by us. We may choose not
to accept your order for any reason and will not be liable to you or to anyone
else in those circumstances. On any such occasion We will email you to make
you aware as soon as it is possible to do so.
You will receive an email, once your order is in process detailing your order
reference and details of the product(s) you have ordered. Please note that this
email is an acknowledgement only and is not an acceptance of your order.
Acceptance of your order and the formation of a contract between you and Us
will take place when We send you an email confirming that the products you have
ordered are being despatched to you, unless We have notified you that We do
not accept your order or you have already cancelled it in accordance with the
provisions below (see Cancelling an Order).
Although We endeavour to give accurate stock availability information on the
Site occasionally products you order may not be available. If this happens We
will cancel your order, send you an email to confirm the cancellation and any
sum debited by Us from your debit/credit card will be refunded in full to the
same card.
Pre-release orders
These are orders for items that have not yet become available. You will be able
to make a pre-released order using the Site. Release dates are set by the manufacturers
and are subject to change. As a result We are not liable for any changes to
a pre-release date advertised by Us.
Pre-release orders will be supplied at the price applicable at the time of order,
or the price applicable when your order is processed prior to despatch, whichever
is lower.
Payment
We cannot accept your order until you have paid for it in full. You can pay
by all major credit or debit cards (except American Express). Payment will be
charged at the point of submitting your order.
Upon submitting your order, you confirm that the payment card that is being
used is yours.
All credit/debit card holders are subject to validation and fraud checks and
authorisation by the card issuer. If the issuer of your payment card refuses
to authorise payment to us, We will not accept your order, We will not be obliged
to inform you of the reason for the refusal and We will not be liable for any
delay or non-delivery. We are not responsible for your card issuer charging
you as a result of Our processing of your credit/debit card payment in accordance
with your order.
You authorise Us to debit your nominated payment card to recover all charges
and amounts due and owing to Us.
Delivery
Subject to availability, We will use reasonable endeavours to deliver the products
you have ordered as soon as possible after your order is accepted by us. You
shall be given an estimated time for delivery at the time your order is placed.
If the goods are not available for delivery within 30 days of being ordered
you shall be entitled to cancel your order and receive a full refund of any
monies paid.
Delivery charges will be clearly set out when you place your order and will
be added to the total amount due once you have selected a delivery service from
the options available. Prices and delivery charges displayed are valid and effective
only in the United Kingdom.
We deliver the products ordered to the delivery address which you supply. We
cannot deliver items within the same order to multiple addresses. We currently
deliver to the UK mainland, including the Scottish Highlands and Islands and
Northern Ireland. Worldwide delivery is available, please contact us to discuss. Certain deliveries may require a signature to confirm receipt.
We will advise you by email if there is likely to be a delay in despatching
your order. We reserve the right at Our discretion to ship orders only to the
billing address.
If you order two or more items from Us and one of those items is not in stock,
We will contact you (using the details you provide to us when ordering or in
your Site account) to discuss changes to your order. There will be no extra
postal charges for orders where delayed items are sent separately.
Once delivered, the products ordered will become your property (provided they
have been paid for in full) and your responsibility. Except in relation to products
that are damaged or faulty when delivered or which have been incorrectly delivered,
We will not accept any liability for their loss, damage or destruction after
they have been delivered.
Please also see our Shipping and Returns
Policy
Overdue Delivery
You can check the current delivery status of your order at any time by logging
in to your Site account. n addition, We will send you an email (to the email
address you supply when you register with the Site) alerting you of any change
of status of your order including when we have dispatched your order.
Your order should arrive within not more than 28 working days of despatch. This
maximum delivery period shall have elapsed before we will consider claims for
lost in transit consignments. If you suspect a delivery to be overdue then please
either send Us a message via the Contact Us facility on the Site
Cancellations and Returns Policy
Please see our Shipping and Returns
policy.
Damaged or Faulty Products
If any product you purchase is damaged or faulty when delivered to you We may
offer a repair, exchange or refund as appropriate, in accordance with your legal
rights.
If you believe a product is faulty or damaged prior to delivery to you please
contact us immediately. Our policy on damaged and faulty products does not affect
your statutory rights.
Our liability
You are responsible for the use you make of the products you order. To the extent
not prohibited by law, We accept no liability for indirect, special or consequential
losses; any loss which is not reasonably foreseeable; or any business losses
of whatever nature (including loss of profits, contracts, goodwill, opportunity
and other similar losses) arising out of or in connection with the use of the
Site or any products or services purchased from the Site.
We shall not be liable for any delay or failure to perform any of Our obligations
insofar as the performance of such obligations is prevented by an event or by
matters beyond Our reasonable control.
We accept liability for death or personal injury caused by our negligence and
responsibility for fraudulent misrepresentation and any other liability that
cannot, under English law, be excluded.
Nothing in this section or elsewhere in these Terms & Conditions affects
your statutory legal rights.
General
In the event that any part of these Terms and Conditions are held to be illegal,
invalid or unenforceable, such provisions will be severed and the remainder
of these Terms & Conditions shall continue in full force and effect.
Failure by Us to enforce a right does not result in a waiver of such right.
You may not assign or transfer your rights under these Terms & Conditions.
You and We agree that English law applies to these Terms and Conditions and
that any dispute between us arising out of or in connection with these Terms
and Conditions will only be dealt with by the English courts, unless you are
resident in another part of the United Kingdom, in which case the applicable
law of that part of the United Kingdom will apply and any dispute will be brought
before the courts there. We are required by law to inform you that purchases
can be concluded in English only and that no public filing requirements apply.
We reserve the right to terminate your access to this Site and any use of Our
online services at any time with or without cause or notice.
A copy of these Terms and Conditions are available on written request to: SD Petcare,
329 Cauldwell Hall Road, Ipswich, IP4 5AH.
Any formal legal notices should be sent to Us at the address at the end of these
Terms & Conditions.
Help
If you have any queries concerning Our service, the Site or any products you
purchase from Us (for example technical problems) please contact Us on:
Telephone: 01473 713926 or 07725 566484
Email: SDpetcare@tesco.net
Post:
SD Petcare
329 Cauldwell Hall Road
Ipswich
IP4 5AH
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