Every quotation, pro-forma invoice, price list or other similar document made or issued by 123 PetCare Ltd (“the company”) is made or issued subject to these General Terms and Conditions of Sale in conjunction with Payment Plan Terms and Conditions and End User License Agreement where appropriate. These terms and conditions do not affect consumers’ statutory rights as contained in current legislation governing the relationship between consumers and businesses.
Definitions
The Company means 123 PetCare Ltd. The Customer or you, means the account applicant or person who buys or agree to buy goods / services from the company.
Acceptance of Orders
No order resulting from any quotation, pro-forma invoice, price list or other similar document made or issued by the company shall be binding unless and until it is accepted by the company. All sales are business to business and therefore final. The company at its absolute discretion may accept or reject any order whether on account of the equipment or software being no longer available or for any other reason whatsoever.
Product Specifications
The company warrants that the goods will be at the time of delivery correspond to the description given by the company. It is the responsibility of the customer to check the compatibility and suitability of goods for any particular purpose before ordering. The company hereby reserves the right to make without notice such minor modifications in specifications, designs or materials as it may deem necessary or desirable by experience.
Payment
The company’s normal terms of business are for full payments to be made at point of order of goods or services in respect of software or technical support services, payment will normally be taken for hardware upon dispatch of such, unless payment is by cheque when clearance of cheque’s may result in a delay in despatch of hardware or software goods. The contract will be deemed as active once payment has been received by the company.
Despatch
Customers will be given an estimated date of despatch when placing orders. If these dates are exceeded the company will endeavour to keep customers informed of the delay and an expected new delivery date. Customers may cancel their order at any time prior to despatch by contacting the Customer Services Department in writing. This should be sent to the Customer Services Manager at the company’s registered address. If payment has been made by cheque a refund will be issued within 14 days of written receipt of the cancellation order.
Delivery
Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and the company shall not be liable for any losses, costs, damages or expenses incurred by the customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. The risk in the goods shall pass from the company to the customer upon delivery of such goods to the customer.
Damages and Shortages
The customer shall report any damage or shortage to the company initially within 48 hours of receipt of goods and also to the company and the carriers in writing within 7 days of delivery. Provided prompt notice of transit damage or loss is given and provided it is proved to the company’s satisfaction that such damage occurred in transit in the UK but not otherwise, the company will refund, repair or replace such equipment free of charge to the customer.
Ownership and Risk
The risk in the goods shall pass from the company to the customer upon delivery of such goods to the customer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the customer until the company has received in cash or full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the company and the customer under which the goods were delivered.
Warranty & Returns
In addition to any manufacturer’s warranty all products, except consumables, to include Gift Cards and input devices, are covered by our own 12 month warranty. If you wish to return any faulty item you must first contact our Technical Support Department and obtain a Product Returns Number. You must use any manufacturer repair service or onsite arrangement provided. Any onsite arrangements apply to mainland UK only.
Product Misuse
Should any equipment malfunction as a result of abnormal environmental factors including without prejudice to the generality of the foregoing mains power transients or dropouts, electromagnetic interference, extremes of humidity, dust or other air borne contaminants, hair, vibration, electrostatic damage, liquid ingress, temperature or pressure or chemical corrosion then all costs incurred by the company in repairing such equipment and investigating the causes of the malfunction shall be payable to the company.
Force Majeure
The company will not be liable for any breach of agreement, for delay or failure to perform if the delay or failure is due to acts of God, civil commotion, riots, floods, drought, fire, war, terrorist act, legislation or other cause beyond the companies’ reasonable control. This does not affect your statutory rights. If the company chooses not to enforce a right under this agreement, that decision will not prevent the enforcement of other rights, or the same right on a later occasion.
Liability
Under no circumstances shall the company be responsible for any indirect, incidental or consequential damages.
Software
Support is only provided for 123 PetCare software. 123 PetCare ltd does not provide support for 3rd party software under any circumstances. The purchaser agrees that by installing this software they have read, understand & agree to be bound by these and the full terms & conditions found in the licence agreement and supplementary notices posted on our web site. No refunds are given on software purchased or refunds on part payment under our payment plan scheme, all sales are final. Any 3rd party product, client, service lists / files are supplied on an ‘AS IS’ basis. As such 123 PetCare Ltd does not accept any liability as to its accuracy. By importing this / these data file(s) into 123 PetCare software the end user agrees to indemnify 123 PetCare Ltd against claims for any indirect, special, incidental or consequential damages of any character including, without limitation; damages for loss of goodwill, work stoppage, computer failure or malfunction, or all other commercial damages or losses.
Distance Selling Regulations
The terms and conditions of sale detailed below are provided for your information, in line with legislation contained in Consumer Protection (Distance Selling) Regulations 2000. This legislation covers items bought where there is no direct contact between the supplier and the consumer. It does not apply where goods are bought for business use, from showrooms, fairs or exhibitions.
Your contract is with:
123 PetCare ltd
Unit 6 Amber Business Village
Amber Close
Tamworth
Staffordshire B77 4RP
Telephone: +44 (0)121 314 4402
If you have any questions or complaints regarding the company, these can be addressed to the Customer Services Manager at the above address. The company will endeavour to acknowledge written complaints within 5 working days. The time it takes to reach complete resolution of complaints will be governed by the nature and complexity of the issue but we will endeavour to ensure that customers are informed of the progress of complaints as appropriate.
Details of the specification, price and arrangements for payment of the goods purchased by distance selling are available on our website, in our company publications and will also be provided on invoices dispatched with your order. The 123 PetCare sales team are happy to send a quote by email detailing specifications, or customers may want to print out copies of web orders for their records. Distance Selling regulations allow for a cooling off period of 7 days from receipt of goods covered under the legislation. Customers may return specified goods without reason within this period for a refund. This excludes goods made to the customer’s specifications or goods intended for business use. It does not apply to goods intended for everyday consumption. Video recordings or computer software unsealed by the consumer are also excluded. Goods returned have to be complete and in a resalable condition including original packaging. The cost of returning and appropriately insuring the goods until satisfactory receipt at the company will be borne by the customer. To cancel the contract under the terms of the Direct Selling legislation with the company the Customer Services Manager must be contacted in writing at the above address within 7 days of receipt of the goods. The customer will be required to return the goods to the company before a refund can be processed. The Customer Services department will then contact the customer with a RETURN TO MANUFACTURER number within 5 working days. This number must be quoted on all returned goods so that the goods can be properly identified. The company cannot be held responsible for goods returned without proper identification.