- These are the terms and conditions on which we supply products to you.
- In some areas you will have different rights under these terms depending on whether you are a business or consumer.You are a consumer if:
- you are an individual; or
- you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
Information about us and how to contact us
- We are Symply Pet Foods Ltd a company registered in England and Wales. Our company registration number is 6863984 and our registered office is at Hillier Hopkins LLP, First Floor, Radius House, 51 Clarendon Road, Watford, WD17 1HP.
- You can contact us by telephoning our customer service team at 01494 775222 or by writing to us at email@example.com and Unit 10, Anglo Business Park, Asheridge Road, Chesham, Bucks HP5 2QA.
- If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Our contract with you
- Please note, you will receive an acknowledgement of your order at the point of submission.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.
- If we are unable to accept your order, we will inform you of this in writing and will 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 or because we are unable to meet a delivery deadline you have specified. We will not be liable to you for any loss arising as a result of us being unable to accept your order.
- We will assign an order reference number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order reference number whenever you contact us about your order.
- We only sell to the UK. Our website is solely for the promotion of our products in the UK.
- The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images.
- The packaging of the product may vary from that shown in images on our website.
Your rights to make changes
- If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes
- We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to improve the recipe.
- In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
- changes to the price of the products;
- changes to the cost of delivery; and
- changes to the payment terms.
Providing the products
- The costs of delivery will be as displayed to you on our website.
- We will aim to deliver the products to you the next working day where orders are received by 2 pm on the day on which we accept your order.Time for delivery not being of the essence.
- If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
- You own a product which is goods once we have delivered them to you.
- We may need certain information from you so that we can supply the products to you, for example, your name, address and contact telephone number. If so, this will have been stated on our website.If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- We may have to suspend the supply of a product to:
- deal with manufacturing problems or make minor changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you (see clause 6).
- We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
- If you do not pay us for the products when you are supposed to (see clause 14.4) we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.We will not charge you for the products during the period for which they are suspended.
Your rights to end the contract
- Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 12 if you are a consumer and clause if you are a consumer and clause 13 if you are a business;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
- If you are consumer and have just changed your mind about the product, see clause 8.3;
- In all other cases, see clause 8.4.
- If you are ending a contract for a reason set out at clauses 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
- you have a legal right to end the contract because of something we have done wrong.
- If you are a consumer, you have a legal right to change your mind within 14 days from the date you receive the products and receive a refund.
- Even if we are not at fault and you are not a consumer who has a right to change their mind, (see clause 8.1), you can still end the contract before it is completed, just contact us to let us know.The contract will end immediately and we will refund any sums paid by you for products not provided.If we have provided the products we will refund you if the products and invoice are returned to us in same the condition within 14 days.
How to end the contract with us (including if you are a consumer who has changed their mind)
- To end the contract with us, please let us know by telephoning our customer service team on 01494 775222 or email us at firstname.lastname@example.org. Please provide your name, address, details of the order and, where available, your phone number and email address.
- If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Symply Pet Foods, Unit 10 Anglo Business Park, Asheridge Road, Chesham, Buckinghamshire, HP5 2QA) or (if they are not suitable for posting) allow us to collect them from you. Please telephone our customer service team on 01494 775222 or email us at email@example.com for a return label or to arrange collection.
- We will pay the costs of return:
- if the products are faulty or misdescribed; or
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
- If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment.
- We will make any refunds due to you as soon as possible.If you are a consumer exercising your right to change your mind then:
- your refund will be made within 14 days from the day on which we receive the product back from you, or, if earlier, the day on which you provide us with evidence that you have sent the product back to us (see clause 9.2).
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
Our rights to end the contract
- We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due; or
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, name, address and telephone number; or
- you sell, or attempt to sell, our products online via a third-party website, platform or online marketplace. For the avoidance of doubt, you may sell our products online from your own independent website(s).
- If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided.
- We may write to you to let you know that we are going to stop providing the product. We reserve the right to stop the supply of the product at any time.If this happens we will refund any sums you have paid in advance for products which will not be provided.
If there is a problem with the product
- If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01494 775222 or write to us at firstname.lastname@example.org and Unit 10, Anglo Business Park, Asheridge Road, Chesham, Bucks HP5 2QA.
Your rights in respect of defective products if you are a consumer
- If you are consumer we are under a legal duty to supply products that are in conformity with this contract.See box below for a summary of your key legal rights in relation to the products.Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights.These are subject to certain exceptions.For detailed information please visit the Citizens Advice website www.adviceguide..org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.During the expected lifespan of your product your legal rights entitle you to the following:
- Up to 30 days: if your goods are faulty, then you can get an immediate refund.
- Up to six months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
- Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
- If you wish to exercise your legal rights to reject producs you must either return them post them back to us or (if they are not suitable for posting) allow us to collect them from you.We will pay the costs of postage or collection.Please telephone our customer service term at 01494 775222 or email us at email@example.com for a return label or to arrange collection.
Your rights in respect of defective products if you are a business
- If you are a business customer we warrant that on delivery any products which are goods shall:
- conformwith their description;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- be fit for any purpose held out by us.
- Subject to clause 13.3, if:
- you give us notice in writing within three days of the date of delivery that a product does not comply with the warranty set out in clause 13.1;
- we are given a reasonable opportunity of examining such product; and
- you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
- We will not be liable for a product’s failure to comply with the warranty in clause 13.1 if:
- you make any further use of such product after giving a notice in accordance with clause 13.2.1;
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
- you alter or repair the product without our written consent; or
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
- Except as provided in this clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 13.1.
- These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.
Price and payment
- The price of the product (which includes VAT unless otherwise stated) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.
- If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- We accept payment with all major credit cards except American Express
- You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
- If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
Our responsibility for loss or damage suffered by you Where you are a Business
- Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- 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;
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
- Subject to clause 15.1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to a refund of the money paid.
- Cannot ensure information on site is accurate and error free.
Our responsibility for loss or damage suffered by you if you are a consumer
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
- We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 14.
How we may use your personal information
- We may also collect personal information in relation to you from third parties for the purpose of fraud prevention.
Other important terms
- We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
- Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.