Terms and conditions of sale
- Credit
1.1 This document was created using a template from Docular (https://docular.net). - Introduction2.1 These terms and conditions shall govern the sale and purchase of products through our
website.
2.2 You will be asked to give your express agreement to these terms and conditions before
you place an order on our website.
2.3 This document does not affect any statutory rights you may have as a consumer (such
as rights under the Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013 or the Consumer Rights Act 2015). - Interpretation
3.1 In these terms and conditions:
(a) “we” means Dogs Boutique; and
(b) “you” means our customer or prospective customer,
and “us”, “our” and “your” should be construed accordingly. - Order process4.1 The advertising of products on our website constitutes an “invitation to treat” rather than
a contractual offer.
4.2 No contract will come into force between you and us unless and until we accept your
order in accordance with the procedure set out in this Section 4 or [alternative order procedure].
4.3 To enter into a contract through our website to purchase products from us, the following
steps must be taken: you must add the products you wish to purchase to your shopping cart,
and then proceed to the checkout; if you are a new customer, you must then create an account
with us and log in; if you are an existing customer, you must enter your login details; once you
are logged in, you must select your preferred method of delivery and confirm your order and
your consent to the terms of this document; you will be transferred to our payment service
provider’s website, and our payment service provider will handle your payment; we will then
send you an initial acknowledgement; and once we have checked whether we are able to meet
your order, we will either send you an order confirmation (at which point your order will become
a binding contract) or we will confirm by email that we are unable to meet your order.
4.4 You will have the opportunity to identify and correct input errors prior to making your
order by [describe process]. - Products
5.1 We may periodically change the products available on our website, and we do not
undertake to continue to supply any particular product or type of product. - Prices
6.1 Our prices are quoted on our website.
6.2 We will from time to time change the prices quoted on our website, but this will not affect
contracts that have previously come into force.
6.3 All amounts stated in these terms and conditions or on our website are stated exclusive
of VAT
6.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will
verify prices as part of our sale procedures so that the correct price will be notified to you before
the contract comes into force.
6.5 In addition to the price of the products, you may have to pay a delivery charge, which will
be notified to you before the contract of sale comes into force. - Payments
7.1 You must, during the checkout process, pay the prices of the products you order.
7.2 Payments may be made by any of the permitted methods specified on our website from
time to time.
7.3 If you fail to pay to us any amount due under these terms and conditions in accordance
with the provisions of these terms and conditions, then we may withhold the products ordered
and/or by written notice to you at any time cancel the contract of sale for the products.
7.4 If you make an unjustified credit card, debit card or other charge-back then you will be
liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges
made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts
referred to in this Section 7.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of
an entry on your card statement or other financial statement, and make a charge-back as a
result, this will constitute an unjustified charge-back for the purposes of this Section 7.4. - Deliveries
8.1 Our policies and procedures relating to the delivery of products are set out in this Section
8.
8.2 We will arrange for the products you purchase to be delivered to the delivery address
you specify during the checkout process.
8.3 We will use reasonable endeavours to deliver your products on or before the date for
delivery set out in the order confirmation or, if no date is set out in the order confirmation, within
7 days following the date of the order confirmation; however, we do not guarantee delivery by
this date.
8.4 We do guarantee that unless there are exceptional circumstances all deliveries of
products will be dispatched within 30 days following the later of receipt of payment and the date
of the order confirmation.
8.5 We will only deliver products to addresses on the UK mainland. - Distance contracts: cancellation right
9.1 This Section 9 applies if and only if you offer to contract with us, or contract with us, as a
consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or
profession.
9.2 You may withdraw an offer to enter into a contract with us through our website or cancel
a contract entered into with us through our website (without giving any reason for your
withdrawal or cancellation) at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the products come into your physical
possession or the physical possession of a person identified by you to take possession of them
(or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after
the day on which the last of those products, lots or pieces comes into your physical possession
or the physical possession of a person identified by you to take possession of them).
9.3 In order to withdraw an offer to contract or cancel a contract on the basis described in
this Section 9, you must inform us of your decision to withdraw or cancel (as the case may be).
You may inform us by means of any clear statement setting out the decision. In the case of
cancellation, you may inform us using the cancellation form that we will make available to you.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning
the exercise of the right to cancel before the cancellation period has expired.
9.4 If you cancel a contract on the basis described in this Section 9, you must send the
products back to us (to [return address]) or hand them over to us or a person authorised by us
to receive them. You must comply with your obligations referred to in this Section 9 without
undue delay and in any event not later than 14 days after the day on which you inform us of
your decision to cancel the contract. You must pay the direct cost of returning the products.
9.5 If you cancel an order in accordance with this Section 9, you will receive a full refund of
the amount you paid to us in respect of the order including the costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that
we offer, we reserve the right to retain the difference in cost between the kind of delivery you
chose and the least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 9.
9.6 If the value of the products returned by you is diminished by any amount as a result of
the handling of those products by you beyond what is necessary to establish the nature,
characteristics and functioning of the products, we may recover that amount from you up to the
contract price. We may recover that amount by deducting it from any refund due to you or
require you to pay that amount direct to us. Handling which goes beyond the sort of handling
that might reasonably be allowed in a shop will be “beyond what is necessary to establish the
nature, characteristics and functioning of the products” for these purposes.
9.7 We will refund money using the same method used to make the payment, unless you
have expressly agreed otherwise. In any case, you will not incur any fees as a result of the
refund.
9.8 Unless we have offered to collect the products, we will process a refund due to you as a
result of a cancellation on the basis described in this Section 9 within the period of 14 days after
the day on which we receive the returned products or (if earlier) after the day on which you
supply to us evidence of having sent the products back. If we have not sent the products to you
at the time of withdrawal or cancellation or have offered to collect the products, we will process
a refund due to you without undue delay and, in any case, within the period of 14 days after the
day on which we are informed of the withdrawal or cancellation.
9.9 You will not have any right to cancel a contract as described in this Section 9 insofar as
the contract relates to:
(a) the supply of any sealed audio recordings, sealed video recordings or sealed computer
software which have been unsealed by you;
(b) the supply of products the price of which is dependent upon fluctuations in financial
markets which we cannot control and which may occur during the cancellation period;
(c) the supply of newspapers, periodicals or magazines, with the exception of subscription
contracts for the supply of such publications;
(d) the supply of goods which are liable to deteriorate or expire rapidly;
(e) the supply of non-prefabricated goods that are made on the basis of an individual choice
of or decision by you, or goods that are clearly personalised;
(f) the supply of sealed goods which are not suitable for return due to health protection or
hygiene reasons, where such goods have been unsealed by you; or
(g) the supply of goods which are, according to their nature, inseparably mixed with other
items after delivery.
(h) the supply of any bespoke orders, made to measure or personalized items. Unless item
is damaged or differ from that specified in the original order. - Warranties and representations
10.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate,
complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and
conditions and our delivery policy.
10.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as
specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these
terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality.
10.3 All of our warranties and representations relating to the supply of products are set out in
these terms and conditions. To the maximum extent permitted by applicable law and subject to
Section 11.1, all other warranties and representations are expressly excluded. - Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these
terms and conditions, except to the extent permitted by law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in
these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject
matter of these terms and conditions, including liabilities arising in contract, in tort (including
negligence) and for breach of statutory duty, except to the extent expressly provided otherwise
in these terms and conditions.
11.3 We will not be liable to you in respect of any losses arising out of any event or events
beyond our reasonable control.
11.4 We will not be liable to you in respect of any business losses, including (without
limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings,
business, contracts, commercial opportunities or goodwill.
11.5 You accept that we have an interest in limiting the personal liability of our officers and
employees and, having regard to that interest, you acknowledge that we are a limited liability
entity; you agree that you will not bring any claim personally against our officers or employees in
respect of any losses you suffer in connection with the website or these terms and conditions
(this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts
and omissions of our officers and employees).
11.6 Our aggregate liability to you in respect of any contract to purchase products from us
under these terms and conditions shall not exceed the total amount paid and payable to us
under the contract. - Order cancellation
12.1 We may cancel a contract under these terms and conditions immediately, by giving you
written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any material breach of that contract.
12.2 You may cancel a contract under these terms and conditions immediately, by giving us
written notice of termination, if we commit any material breach of that contract.
12.3 We may cancel a contract under these terms and conditions by written notice to you if
we are prevented from fulfilling that contract by any event beyond our reasonable control,
including without limitation any unavailability of raw materials, components or products, or any
power failure, industrial dispute affecting any third party, governmental regulations, fire, flood,
disaster, riot, terrorist attack or war. - Consequences of order cancellation
13.1 If a contract under these terms and conditions is cancelled in accordance with Section
12:
(a) we will cease to have any obligation to deliver products which are undelivered at the
date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have
been delivered at the date of cancellation (without prejudice to any right we may have to recover
the products); and
(c) all the other provisions of these terms and conditions will cease to have effect, except
that Sections 2.3, 7.4, 11, 16, 17, 18, 19, 20 and 21 will survive termination and continue in
effect indefinitely. - Scope
14.1 These terms and conditions shall not constitute or effect any assignment or licence of
any intellectual property rights.
14.2 These terms and conditions shall not govern the licensing of works (including software
and literary works) comprised or stored in products.
14.3 These terms and conditions shall not govern the provision of any services by us or any
third party in relation to the products (other than delivery services). - Variation
15.1 We may revise these terms and conditions from time to time by publishing a new version
on our website.
15.2 A revision of these terms and conditions will apply to contracts entered into at any time
following the time of the revision, but will not affect contracts made before the time of the
revision. - Assignment
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our
rights and/or obligations under these terms and conditions – providing, if you are a consumer,
that such action does not serve to reduce the guarantees benefiting you under these terms and
conditions.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise
deal with any of your rights and/or obligations under these terms and conditions. - No waivers
17.1 No breach of any provision of a contract under these terms and conditions will be waived
except with the express written consent of the party not in breach.
17.2 No waiver of any breach of any provision of a contract under these terms and conditions
shall be construed as a further or continuing waiver of any other breach of that provision or any
breach of any other provision of that contract. - Severability
18.1 If a provision of these terms and conditions is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other provisions will continue in
effect.
18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be
lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the
rest of the provision will continue in effect. - Third party rights
19.1 A contract under these terms and conditions is for our benefit and your benefit, and is
not intended to benefit or be enforceable by any third party.
19.2 The exercise of the parties’ rights under a contract under these terms and conditions is
not subject to the consent of any third party. - Entire agreement
20.1 Subject to Section 11.1, these terms and conditions, together with our delivery policy and
our returns policy, shall constitute the entire agreement between you and us in relation to the
sale and purchase of our products and shall supersede all previous agreements between you
and us in relation to the sale and purchase of our products. - Law and jurisdiction
21.1 These terms and conditions shall be governed by and construed in accordance with
English law.
21.2 Any disputes relating to these terms and conditions shall be subject to the exclusive
jurisdiction of the courts of Scotland . - Statutory and regulatory disclosures
22.1 We will not file a copy of these terms and conditions specifically in relation to each user
or customer and, if we update these terms and conditions, the version to which you originally
agreed will no longer be available on our website. We recommend that you consider saving a
copy of these terms and conditions for future reference.
22.2 These terms and conditions are available in the English language only. - Our details
23.1 This website is owned and operated by Dogs Boutique
23.2 We are registered in Scotland and our registered office is at 32 Buchanan Crescent,
Livingston, EH54 7EE.
23.3 Our principal place of business is at 32 Buchanan Crescent, Livingston, EH54 7EE.
23.4 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form;or
(c) by email, using the email address published on our website.