Standard Conditions Of Sale
1.1 In these conditions the following expressions shall have the following meanings ‘Contract’ means the quotation, these Conditions of Sale, and any other document incorporated in a contract between the Seller and the Customer. ‘the Customer’ means any person, firm or company receiving a quotation form and/or placing an order with the Seller ‘Goods’ means all and every item of foods or part thereof or other ancillary items supplied by the Seller ‘Seller’ means Fish4Pets ltd: ‘Transgression’ means any breach of contract or other act, default, omission or statement of the Seller, its employees, agents or subcontractors in respect of which the Seller is liable to the Customer.
2.1 These Conditions apply to all contracts for the sale of Goods by the Seller to the Customer and supersede any previous terms and conditions of sale published by the Seller. No additions or modifications to, or terms or conditions inconsistent with these Conditions shall be binding upon the Seller unless expressly agreed by the Seller in writing.
2.2 All brochures, catalogues, price lists, samples, and other advertising or descriptive material submitted to the Customer are intended to be approximate only and to give a general impression of the Goods. Unless expressly incorporated the same shall not form part of the Contract. The Seller reserves the right to make minor alterations to the specification of the Goods without prior notification to the Customer.
2.3 The Customer shall be responsible for complying with any legislation or regulations (of the United Kingdom or any other country) governing the export and import of the Goods into the country of destination (and any other country through which the Goods pass in transit) and for the payment of any duties thereon. The Customer shall fully indemnify the Seller against any fines, penalties, costs, claims, damages, losses and the expenses suffered by the Seller as a result of the Customer failing to comply with this Clause 2.3.
3.1 The price for the Goods shall be the price listed in the Seller’s published price list current at the time of despatch of the Goods by the Seller unless varied by prior written agreement.
3.2 The price of the Goods is exclusive of any applicable value added tax and other duties or charges levied by any authority or body in respect of the sale, delivery, export or import of the Goods. Payment in full (without any deductions by way of set off or counter claim) for the Goods (and any additional costs) shall be due and payable in POUNDS STERLING 28 days from invoice date or as separately agreed with the customer in writing, Customers can pay by BACS as per the information on the front of the invoice.
3.3 A 10% per cent surcharge will be added to any overdue payments.
3.4 The Seller reserves the right to recover from the Customer all direct expenses reasonably incurred by the Seller in the collection of any overdue sums.
3.5 Cheques not honoured will incur a charge of £20.00.
4.1 The risk in the goods shall pass from the Seller 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 Seller has received cash or cleared funds payment in full for all goods delivered to the Customer under this and all other contracts between the Seller and the Customer for which payment of the price of the goods therunder 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 Seller and the Customer under which the goods were delivered.
4.2 Failure to pay the full amount when due shall give the Seller, or its employees or agents, the right to repossess the Goods (and enter the Customer’s premises for that purpose if necessary) with or without notice and without liability and to sell the Goods once they have been re-possessed.
4.3 Notwithstanding this Condition 4, the Seller shall be entitled to avail itself of any other legal remedy including an action for the price of the Goods and connected costs at any time after the date when payment is due.
5. Terms and Representations
5.1 These clauses define the Customer’s rights in respect of any loss or damage caused by the Goods or for any statements made by the Seller, their employees or agents. Customers are advised to read these provisions carefully.
5.2 The Seller confirms that the Goods will be of merchantable quality and (in respect of Goods designated in writing by the Seller at the time of sales as being suitable as feed) unless otherwise stated by the Seller or stated on the packaging of the Goods.
5.3 If the Goods are delivered to the Customer the Customer shall inspect the Goods on delivery. If the Customer collects the Goods it shall inspect the Goods on collection.
5.4 If the Customer complains of shortage, provided that the Seller has been given opportunity to inspect the Goods before any part of them have been used by the Customer, the Seller shall at its discretion either make good any shortage or issue a credit note in respect of the shortage. The Seller shall have no liability in respect of shortages if it has not been given opportunity to inspect the Goods before any part of them has been used.
5.5 The Seller agrees to replace or (at its discretion) issue a credit note in respect of Goods which are found to be defective and which are returned to the Seller before the ‘best before date’ specified on the packaging provided that each of the following are satisfied;
5.5.1 Notification of any defect is given to the Seller immediately upon it becoming apparent to the Customer.
5.5.2 The Goods have been stored in accordance with normal conditions and have not been mixed with any other goods or substances.
5.5.3 Goods are returned to the Seller’s premises at the Customer’s expense.
6. Risk Carriage Packaging and Storage
6.1 The Seller shall charge for delivery of the Goods if agreed in writing in advance. Such delivery rates shall be subject to review at the Seller’s discretion.
6.2 In the case of sales where the Seller delivers directly or contracts directly with the carrier then risk in the Goods shall pass to the Customer upon arrival of the Goods at the Customer’s premises (or other specified delivery point). The Seller will replace or (at its option) issue a credit note in respect of Goods lost or damaged in transit (other than by default of the Customer), provided that
6.2.1 Claims concerning shortages, breakages and/or non-delivery, must be raised, in writing with the seller within 48 hrs of acceptance of delivery of goods.
7. Force Majeure
7.1 The Seller shall take all reasonable steps to perform its obligations and deliver within the time specified, but such times are estimates only. The Seller shall not be liable for expenses, losses or damages caused by late performance or delay in delivery and delays shall not entitle the Customer to rescind the Contract.
7.2 Without prejudice to the generality of Condition 7.1, the Seller shall have no liability for any expenses, losses or damages caused by delay or default in performance of any obligation caused directly or indirectly by weather conditions, breakdown or unavailability of plant of machinery, failure of raw material or supply of raw material or any other causes or causes beyond the reasonable control of the Seller.
7.3 The Seller reserves the right to make part deliveries and to submit invoices for Goods supplied as part of an order.
8.1 The Seller shall, at its option, be entitled to notice to terminate all or any of its contracts with the Customer forthwith and recover all expenses, losses and damage resulting to the Seller including (but without limitation to) loss of profit or other consequential loss if;
8.1.1 (a) the Customer has a bankruptcy petition presented against him or a bankruptcy order is made; (b) the Customer makes or seeks to make any composition or arrangement with the creditors; (c) the Customer makes a proposal to his creditors for a voluntary arrangement or applies for an interim order (within the meaning of Section 286 Insolvency Act 1986); (d) an encumbrancer takes possession of any of the Customer’s assets, or any of the Customer’s property is taken in execution or process of law; (e)a petition is presented or an order is made or a resolution is passed for the winding-up of the Customer; (f) a petition is presented or an order is made for an administration order to be made in relation to the customer; (g) the Customer’s directors make a proposal for a voluntary arrangement with the Customer’s creditors; (h) the Customer is unable to pay its debts (within the meaning of Section 123 Insolvency Act 1986); (I) a receiver or administrative receiver is appointed over any of the Customer’s assets; or
8.1.2 the Customer fails to make any payment owed to the Seller on the due date, or 8.1.3 the Customer is in breach of the terms and conditions of any contract with the Seller (including breach of these Conditions) and shall fail to remedy the same within 14 days of notice specifying the breach and requiring remedy (then the breach shall be remediable).
9. Law and Jurisdiction
9.1 The agreement shall be governed by the Laws of England and Wales and the Customer will accept the jurisdiction of the Courts of England and Wales in respect of all matters arising under this agreement. HEAD OFFICE: Ocean House, Rushock Estate, Droitwich Road, Rushock, Worcestershire WR9 0NR REGISTERED OFFICE: Ocean House, Rushock Estate, Droitwich Road, Rushock, Worcestershire WR9 0NR
Website Terms (In addition to the Standard Terms of Sale)
1. Refund Policy
1.1 Fish4Pets is committed to giving you the best possible products, prices and service. Should any product purchased from Fish4Pets found to be faulty, damaged in transit, or differing from the description given at the Fish4Pets website then we will be pleased to arrange to either refund or replace the product at the discretion of the customer. All returns must be notified by post to Fish4Pets within 21 days of delivery of the product.
1.2 In the event of a customer purchasing an item from Fish4Pets mistakenly and through no fault of Fish4Pets, we will be replace or refund the item provided that the original item is returned to Fish4Pets unused and in saleable condition. In cases where the customer is either unable or unwilling to arrange return carriage after mistakenly purchasing a product, Fish4Pets reserves the right to charge an uplift fee to cover the cost of employing a courier company to collect the item from the customer. In cases where an entire order is returned, we reserve the right to retain the cost of the outward carriage. This does not affect your statutory rights as a consumer.
1.3 To arrange to return a product or for further information about returns or refunds please e-mail us at email@example.com or telephone us at 01905 620888 Monday to Friday 9.00 am to 5.00 pm.
2. Cooling Off Period
2.1 Right to Cancel – “Cooling Off Period” You have the right to change your mind and cancel an order within 7 working days of receiving the order. This is known as a “Cooling Off Period”. If you wish to cancel within the 7 working days you must inform by email or telephone. Please write to firstname.lastname@example.org. However, please note that we try to despatch within a few days of receiving your Order, so we would be grateful if you could let us know as quickly as possible if you change your mind!
3.1 Fish4Pets is committed to maintaining high standards of customer service including the production of our products to the highest standards possible, approved by DEFRA and according to the EC regulations on the production of pet food, our sales administration, and the handling of any customer concerns or complaints.
3.2 To make a complaint (whether about a product purchased, our service, or any other matter) please e-mail us at email@example.com, telephone us on 01299 252352, fax us on 01299 253353, or write to the Sales Director, Fish4Pets, Ocean House, Rushock Estate, Worcs WR9 ORN
3.3 How we will handle each complaint: Fish4Pets promises to handle each complaint effectively in a prompt, courteous and fair manner and make every reasonable attempt to rectify the problem to the complainants satisfaction and to use what we have learned to reduce the likelihood of recurrence.
3.4 When a complaint is lodged a complaint number will be issued if the problem cannot be resolved within the same working day. This number will then be quoted in all correspondence thereafter until the complaint is resolved. Wherever possible, a single-person contact at Fish4Pets will be given to provide continuity throughout the process.
3.5 Timescale for resolving complaints: We promise to acknowledge your complaint within 2 working day of receiving the telephone, fax or email complaint. We aim to resolve all product complaints within 5 working days and other complaints within a maximum of 15 working days.
4. Privacy And Security
4.1 When registering with Fish4Pets, we ask for your e-mail address. This allows us to efficiently communicate with you to inform you of special offers or new services on the site. We will not make your e-mail address details known to any third party. It is clearly not in our interests to irritate you with irrelevant e-mail communication, so be assured that we will limit the volume of e-mail traffic you receive from us. Should you wish to contact Fish4Pets regarding any aspects of privacy, please send an e-mail to firstname.lastname@example.org
4.2 Fish4Pets uses the Protx payment system to handle all online payments. Protx has been audited and approved by Visa and MasterCard and are an accredited provider of major UK banks. All systems use high levels of encryption to transfer sensitive information.
4.3 Protx has private lines into the banks to ensure all information is completely secure. Secure servers are hosted with Globix to provide maximum physical security and uptime. In fact, no one can access the rooms where our servers are located without fingerprint ID.
4.4 We do not store any credit card details or other sensitive information at Fish4Pets. All transactions are processed by Protx, who use bank approved software and the highest level of encryption to ensure that your credit card details are kept secure at all times.
4.5 All sensitive communications between your browser and the website are protected by encryption. The Fish4Pet certificate can be viewed by clicking on the padlock at the bottom of the payment pages.