Terms of Trading
Conditions means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Supplier.
Contract means any contract between the Supplier and the Customer incorporating these Conditions for the sale of Products via the Web Site.
Customer means the person whose Order for Products is accepted by the Supplier and is a person acting otherwise than in the course of business.
Order means any order for Products placed through the Web Site.
Products means any products and/or goods Ordered from the Supplier by the Customer or to be supplied by the Supplier to the Customer via the Web Site.
Price means the price for the Products excluding carriage, packaging, insurance and VAT as displayed on the Web Site.
Pippa & Company means Pippa & Company (Pets) Limited.
Web Site means the web site known as www.pippaandcompany.co.uk
ORDERS AND CONTRACT
Pippa & Company shall have the right to decline to accept any Orders placed for Products.
The Customer shall be responsible for the accuracy of an Order and for giving Pippa & Company any information necessary to fulfil the Order.
Upon placing an Order the Customer has offered to purchase Products from Pippa & Company. No act performed by Pippa & Company will constitute formation of a contract until an item is despatched to the Customer.
Pippa & Company will, however, confirm the placement of an Order by sending the Customer an email to the designated email address given by the Customer upon placement of the Order.
Pippa & Company will use reasonable commercial endeavours to deliver the Products by any time or date agreed with the Customer and in the quantities required by the Customer, but time and delivery shall not be of the essence of any Contract for the supply of the Products and in the event of Pippa & Company’s failure to meet such date for any reason, Pippa & Company shall not be liable for any loss or damage suffered by the Customer as a result, nor shall this constitute a breach or repudiation of these Conditions.
Pippa & Company shall not be required to fulfil Orders for Products in the sequence that they are placed.
Pippa & Company will make all reasonable attempts to deliver the Products to the Customer’s address on the delivery date. The Customer shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery.
If the Customer refuses to take delivery of any Products then Pippa & Company shall be entitled to withhold delivery of any other Products and to treat this Contract as repudiated by the Customer.
The Price of Products and the cost of delivery of those Products shall be those ruling at the date the Products are purchased as set out on the Web Site.
Time for payment shall be of the essence and shall be made via the Web Site at the time of placing the Order.
No Orders will be dispatched until payment of the Price and any other charges is made in full to Pippa & Company.
Payment shall not be deemed to be made until Pippa & Company has received either cash or cleared funds in respect of the full amount outstanding.
Details and/or specifications on the Web Site, in brochures, and price lists produced by Pippa & Company are intended as a guide only and give a general approximation of the Products.
The Customer confirms and agrees that it has not relied upon the details and information contained in Pippa & Company’s brochure, or the Web Site or in price lists unless it has sought and obtained written confirmation from Pippa & Company of their accuracy on the Web Site or in the price lists.
Pippa & Company reserves the right to make changes to the specification of the Products as required from time to time by law, applicable safety requirements or manufacturing requirements provided that they do not have a material adverse affect on the quality and/or performance of the Products.
DELIVERY & OWNERSHIP
Unless previously agreed in writing, any dates quoted for delivery of the Products are approximate only. Pippa & Company shall not be liable for any delay in delivery of the Products however caused. Time for delivery shall not be of the essence unless previously agreed in writing by Pippa & Company. On giving reasonable notice to the Customer, the Products may be delivered to the Customer in advance of the quoted delivery date.
If Pippa & Company is to deliver the Goods to an address in the United Kingdom, Pippa & Company’s charges for transport, packaging and insurance (including VAT on such charges) will be paid for by the Customer as set out on the Web Site.
Only when Pippa & Company has received payment in full will title to the Goods pass to the Customer. All risk of loss or damage to the Goods shall pass to the Customer on delivery.
Pippa & Company shall have no liability for damage, loss, liability, claims, costs or expenses caused or contributed to by the continued use of defective Products after a defect has become apparent or suspected or should reasonably have become apparent to the user.
The Customer shall give Pippa & Company a reasonable opportunity to remedy any matter for which the Supplier is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so Pippa & Company shall have no liability to the Customer.
Pippa & Company shall have no liability to the Customer for any consequential, financial, economic or other loss (including loss of profits and/or damage to goodwill).
The Customer shall be under a duty to mitigate any loss, damage, costs or expenses that it may suffer.
Pippa & Company’s liability to the Customer shall not exceed the Price.
Nothing in this Contract shall exclude or limit the liability of Pippa & Company for death or personal injury due to negligence or any liability which is due to fraud or any other liability which it is not permitted to exclude or limit as a matter of law.
The limitations in this Contract are necessary in order to allow the Supplier to provide the Products at its current Prices.
Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a consumer.
If the Customer requires greater protection then the Supplier will agree to modify the limitations and extend its guarantees in return for the payment of a higher Price for the Products.
No variation to these Terms shall be binding unless agreed in writing between the authorised representatives of Pippa & Company and the Customer. Pippa & Company’s employees or agents are not authorised to make any representations concerning the Products unless confirmed by Pippa & Company in writing. Nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance or offer, invoice or other document or information issued by Pippa & Company shall be subject to correction by Pippa & Company without any liability on the part of Pippa & Company.
Notices between the Customer and Pippa & Company relating to these Terms shall be in writing. Notices shall either be delivered personally or sent by first class post or fax to their registered office. Notices if delivered by hand shall be treated as received when delivered, if sent by first class post 48 hours after posting, if sent by air-mail post 72 hours after posting and if sent by fax when sent.
These Terms are the entire agreement between the Customer and Pippa & Company and replace all previous agreements between them relating to the same subject matter.
Neither the Customer nor Pippa & Company shall be liable if it breaches these Terms as a result of circumstances which are beyond its reasonable control, provided that as soon as is reasonably practicable it gives notice to the other party.
These Terms or any rights or obligations under them may not be assigned by either party without the prior written consent of the other (such consent not to be unreasonably withheld or delayed).
Nothing in these Terms is intended to create any right for any third party to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
The laws of England and Wales shall govern these Terms. The Customer and the Supplier agree to submit to the exclusive jurisdiction of the courts of England and Wales.
To the extent that Pippa & Company keeps and hold any personal information about the Customer it will be held by Pippa & Company for the purposes of processing any completing Orders and to provide the Customer with information about offers being made by Pippa & Company.
Pippa & Company will not divulge Customer information to any third party except where it is necessary for the purposes of processing and fulfilling Orders, or as is required by law.
If the Customer does not wish to be informed of any offers being made by the Supplier please email email@example.com
All intellectual property rights relating to the Web Site are and shall remain the property of Pippa & Company.
Pippa & Company grants to the Customer a non-exclusive non-transferable licence to use the Web Site for the purpose of browsing for Products and/or purchasing products. The Customer agrees that it will not itself, or through a third party;
- Copy the Web Site, except as is necessary for use of the Web Site as set out in these terms and Conditions
- Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Web Site except as permitted by law;
- Write or develop any derivative or other software programs based, in whole or in part upon the Web Site.
- The Customer may link to this website if the Customer or any third party wishes without our permission but must link to the homepage and not deep link into the site. The Customer or third party may also use any information contained in this Website as long as Pippa & Company’s ownership is acknowledged.
However if the Customer does link to the Web Site the person so linking ownership agrees that they will indemnify Pippa & Company in full if any action is taken against Pippa & Company by any party, or even by the person linking, by virtue of the link created. If a link is created to this Web Site, any use is subject to these Conditions.
If the Customer has any query or wishes to serve any notice pursuant to these Conditions or make any complaint then should communication should be made to firstname.lastname@example.org