In this document the following words shall have the following meanings:
1.1. “Buyer” means the person who buys goods from the seller.
1.2. “Consumer” shall have the meaning ascribed in section 12 of the Unfair contract Terms Act 1977.
1.3. “Goods” means the articles that the buyer agrees to buy from the seller.
1.4. “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time.
1.5. Seller means Gross Hurst & Co. t/a puppycages.co.uk
1.6. “Terms and Conditions” means the terms and conditions of sale as set out in this document and any special terms and conditions as agreed in writing by the Seller.
2.1. These terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to the Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3. Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4. Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a consumer.
2.6. These Terms and Conditions are in addition to any General Terms and Conditions as set out on the web site.
3. Price and Payment
3.1. The price of Goods shall be that stipulated in the Seller’s current price list/on the seller’s web site/as contained in the Seller’s quotation (as applicable) at the date of order or as agreed between the parties. The price is not subject to VAT and unless otherwise stated, exclusive of delivery charges.
3.2. Payment of the total purchase price (including any VAT and delivery charges applicable) must be made and cleared in full before dispatch of Goods.
3.3. We may from time to time offer free delivery for orders where no payment for delivery will be required; unless otherwise stated, free delivery for items will be limited to addresses within mainland UK all other destinations will require payment of delivery charges at the advertised rate.
4.1.All goods, wherever possible and where Goods are stock items, will be delivered with in 7 days of the order being placed and the Buyer will make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.2. The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.3. Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver within the time specified within clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
4.4. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
4.5. Shipping costs for re-delivery are the responsibility of the customer. All items are sent Recorded Delivery and therefore someone must be present at the delivery address to accept the delivery. If delivery is not possible and the item(s) is returned to us then: (a) if the customer requests re-delivery then payment of the re-delivery charge will be due before the item is re-sent or (b) the customer can request a refund less delivery costs (where applicable).
5.1. The Seller warrants that the Goods will, at the time of delivery, correspond to the description given by the Seller.
6. Cancellation and Returns
6.1. The Buyer shall inspect the Goods immediately upon receipt and shall notify the seller within 3 days of delivery if the goods are damaged or do not comply with any of the Contract.
6.2. Where a claim of defect or damage is made, then it will be the responsibility of the Seller to collect faulty Goods if the items are large, otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer will be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.
6.3. Goods to be returned must clearly show the order number obtained from the Seller on the package.
6.4. Where returned Goods are found to be damaged due the Buyer’s fault the Buyer shall be liable for the cost of remedying such damage.
6.5. Where the Goods are purchased via the Internet, by mail order or by telephone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a full refund by informing the Seller in writing or by email within 7 working days of receipt of the Goods. Goods must be returned at the Buyer’s cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (including delivery charges – if any) except for return postal charges within, 30 days of cancellation.
7.1. In addition to the Buyer’s statutory rights, the Seller guarantees all goods against faulty workmanship and materials for a period of 90 days from the date of delivery.
8. Limitations of Liabilities
8.1. Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however, the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any misuse, negligence, breach of contract, misrepresentation or otherwise.
8.2. The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any misuse, negligence, breach of contract, misrepresentation or otherwise.
9. Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligation if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to: acts of God; strikes; lock outs; accidents; war; fire; breakdown of plant or machinery, or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remained of the provisions hereof shall continue in full force and effect as if these Terms and Condition had been agreed with the invalid, illegal or unenforceable provision eliminated.
11. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed with accordance with the law to the England and the parties hereby submit to the exclusive jurisdiction of the British courts.