Terms & Conditions
Terms and Conditions
Please read these terms and conditions (these ‘Terms’) carefully as they contain important information about your rights and obligations when using this website (the ‘Website’), to include any sub-domains, unless expressly excluded by their own terms and conditions and in particular clause 11.6 and 11.7. You should print a copy of these terms for future reference.
Kiki's Pet House Ltd (“Kiki's Pet”) will be taken to mean any other trading or business name Kiki's Pet may operate under, to include but not limited to Country Pursuit under license from Judge's Choice Pet Food Ltd.
User(s) shall mean any third party that accesses the Website and is not either (i) employed by Kiki's Pet and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Kiki's Pet and accessing the Website in connection with the provision of such services.
- Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Website. Such use will indicate your express consent to Kiki’s Pet that you and any legal person you represent without limitation or qualification, will abide by and be bound by these Terms and you represent and warrant that you have the legal authority to agree to and accept these Terms on behalf of yourself and any legal person you purport to represent. You are responsible for ensuring that all persons who access our Website through your internet connection are aware of the Terms and comply with them. If you do not agree to be bound by these Terms you should stop using the Website immediately.
- Use of the Website includes accessing, browsing or registering for the Website.
- We reserve the right to change these Terms at any time. Such revised Terms will apply to the Website from the date of publication and you agree to be bound by the version of these Terms displayed on the Website at the time you use it. We will take reasonable steps to make you aware of any changes to the Terms, for example by posting them on the Website. Users are advised to check the Terms regularly to ensure familiarity with the current version.
- These Terms refer to the following, which also apply when using this Website. These documents are also displayed on this Website:
- Kiki’s Pet House Ltd Terms of Sale,
- You are responsible for making all arrangements necessary for you to have access to the Website.
- You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.
- We make reasonable efforts to ensure that the Website is available to view and use 24 hours a day throughout each year; however, this is not guaranteed. The Website may be temporarily unavailable at any time because of server or systems failure or other technical issues, or reasons that are beyond our control, required updating, maintenance or repair.
- Where possible, we will try to give you advance warning of maintenance issues but shall not be obliged to do so.
- You will need to register in order to access parts of the Website.
3. Registering on this Website
By registering on the Website you undertake:
- That all the details you provide to us for the purpose of registering on the Website are accurate and complete in all respects
- You will notify us immediately of any changes to the information provided on registration
- You are over 18 or if under 18 you have a parent or guardian’s permission to register with the Website under their supervision
- To only use the Website using your own username and password
- To make every effort to keep your password safe
- Not to disclose your password to anyone
- To change your password or to tell us immediately upon discovering that it has been used without your permission
- To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
- To be responsible for all actions taken under your username and password
- We reserve the right to suspend or terminate your access to the Website if you breach your undertakings in this clause.
- You may cancel your registration at any time by informing us in writing to the address at the end of these Terms. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
- You may withdraw your consent to receive electronic communications, however, doing so may also require that you discontinue your use of the Website and/or services. Kiki’s Pet contact details can be found at the end of these Terms.
- All content included on the Website, unless uploaded by Users, is the property of Kiki’s Pet, our affiliates or other relevant third parties. In these Terms, Intellectual Property Rights mean copyright (including design copyrights), trademarks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in software, design, materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Kiki’s Pet, moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
- The software code contained in and related to the Website and the materials on the Website including text, images, videos, photographs and other materials are protected by Intellectual Property Rights owned by us and our licensors. You acknowledge that the Intellectual Property Rights in the Website and any software code used with and material supplied as part of the Website shall remain with us or our licensors.
- Subject to clause 5 you may:
- retrieve and display materials on the Website on a computer screen;
- download and store in electronic form materials on the Website (but not on any server or other storage device connected to a network); and
- copy and print one copy only of materials on the Website.
- Copying, downloading, storing or printing the materials on the Website for any reason other than personal use or in accordance with clause 2.2 is expressly prohibited.
- You agree that you will not (and will not assist or facilitate any third party to) otherwise reproduce, modify, copy, distribute, transmit, publish, display, commercially exploit or create derivative works from any of the materials on the Website.
- Nothing on this site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark, logo, service mark or such content displayed on the site without the owner’s prior written permission and may then only be used in a manner consistent with Kiki’s Pet’s requirements.
- No licence is granted to you to use any of our trademarks or those of our affiliated companies.
- You agree that you will not use our Intellectual Property Rights in any way other than allowed under these Terms and any infringement by you of our Intellectual Property Rights will be a breach of these Terms.
5. Use of the Website
- You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these Terms as may be amended from time to time without notice to you.
- Provided that you comply with the other provisions of this clause, you may download or print one copy only of pages of our website:
- for your own private use; or
- to draw attention to the content of our website to members of your organisation.
- You must not:
- download or print pages of the Website for commercial use other than use permitted by clause 2.2;
- alter the content of any webpage you download or print; or
- use any images, videos or photographs on the webpage without the accompanying text.
- You must:
- keep intact all and any copyright and proprietary notices accompanying or attached to the materials on the Website you download, copy, store or print;
- acknowledge us as the owners of the content of the Website;
- erase any pages of the Website or materials on those pages downloaded other than in accordance with this clause; and
- destroy any pages of the Website or materials on those pages printed other than in accordance with this clause.
- You must not modify, adapt, translate, reverse engineer, decompile or disassemble any code or program used by or in connection with the Website. You must contact us to request our consent if you wish to take any such action to create an interoperable program and we may provide such consent if you provide us with the information we request.
- We provide access to and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.
- We reserve the right to:
- Make changes to the information or materials on this Website at any time
- Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party
- Refuse to post material on the Website or to remove material already posted on the Website
- You may not use the Website for any of the following purposes:
- Disseminating any unlawful, harassing, libellous, abusive, threatening, fraudulent, malicious, harmful, vulgar, obscene, or otherwise objectionable material
- Stalking, harassing, threatening, blackmailing any person or violating or interfering with the rights of any other person including their right to privacy
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise
- Breaching any applicable local, national or international laws, regulations or code of practice
- Gaining unauthorised access to other computer systems
- Interfering with any other person’s use or enjoyment of the Website
- Breaching any laws concerning the use of public telecommunications networks
- Interfering with, disrupting or damaging networks or websites connected to the Website
- Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website or the contents of the Website
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
- To create and/or publish your own database that features all or substantial parts of the Website or the contents of the Website
- Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner
- Selling or re-selling or using for commercial purposes any of the content of or access to the Website or using for commercial purposes any of the content of or access to the Website
- To represent to others that there is any connection between the Website and your business or your views and opinions or that we endorse you or anything connected to you
- In addition, you must not:
- Knowingly introduce viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website
- Impersonate any other person or fraudulently provide us with incorrect information
- Attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to it
- Attack the Website via a denial-of-service attack or a distributed denial-of service attack
- Damage, disrupt or interfere with any part of the Website, any equipment or network on which the Website is stored, or any software used for the provision of the Website
- Remove any copyright notice or notice of any other intellectual property right from the Website or any materials on the Website
- You acknowledge that you are responsible for any content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such content. You will own the rights to any content you have created, and you grant Kiki’s Pet a licence to share this content on the Website/mobile app and to make it available to other Users. You confirm, in relation to any such content, you have the right to grant a licence or have obtained permission to share such content.
- A breach of clause 9 or 5.8 may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
- We reserve the right to investigate complaints or reported violations of the Terms and take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary to such persons or entities. You acknowledge that Kiki’s Pet will have the right to report to law enforcement authorities any action that may be considered illegal, as well as any reports it receives of such conduct. When requested, Kiki’s Pet will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.
6. Suspending or terminating your access
We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:
- You breach these Terms (repeatedly or otherwise)
- You are impersonating any other person or entity
- When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
- We suspect you have engaged, or are about to engage, or have in any way been involved, in fraudulent, defamatory or illegal activity on the Website
- You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.
- You will grant us a licence to use, store, copy, make available to third parties, distribute and publish the content of any review submitted by you.
- You undertake that any review, feedback or rating that you write shall:
- Comply with applicable law in the UK and the law in any country from which they are posted
- Be factually accurate
- Contain genuinely held opinions (where applicable)
- Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving
- Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence
- Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach any legal duty you owe to a third party
- Not be used to impersonate any person, or to misrepresent your identity
- We are not responsible to any third party for the content or the accuracy of the content which you have posted or uploaded.
- You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
- You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.
- We reserve the right to publish, edit or remove any reviews without notifying you.
- You agree that we may disclose your identity to any third party who claims that content which you have posted or uploaded infringes their intellectual property rights or right to privacy or is defamatory.
- The views expressed by other users on the Website do not represent our views or values.
8. Linking to the Website
You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
- Any agreed link must:
- Be to the Website’s homepage and not to any other page on the Website
- Be established from a website or document that is owned by you and does not contain content that is offensive, controversial, defamatory, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
- Be provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
- Not suggest any form of association, approval or endorsement on our part where none exists
- Not cause the Website or content on the Website to be embedded in or ‘framed’ by any other website
- Not cause the content of the Website to be displayed differently from the way it appears on the Website
- We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is, at all times, accurate.
- We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice, you must immediately remove the link and inform us once this has been done.
9. External links
To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
- The privacy practices of such websites
- The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
- The use which others make of these websites
- Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
- The content on the Website is provided for general information only. It is not intended to be advice on which you should rely. It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
- We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
- The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Terms or required by law).
- We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
- We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
- You are responsible for maintaining appropriate anti-virus software on and appropriately configuring the technological devices, platform and computer programs you use to access the Website that are in your control. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
11. Limitation of liability and indemnity
- If you are a consumer, nothing in these Terms affects your legal rights. You can obtain advice about your legal rights from Citizens Advice if you need to.
- We cannot exclude or limit our responsibility to you for:
- Death or personal injury resulting from our negligence
- Fraud or fraudulent misrepresentation
- Action pursuant to section 2(3) of the Consumer Protection Act 1987
- Any liability, right or remedy which we cannot exclude or limit pursuant to the Consumer Rights Act 2015
- Any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability
- We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses where they have arisen from use of or inability to use the Website for commercial purposes, or use of or reliance on any material or content displayed on the Website or on any linked websites for commercial purposes:
- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
- Any loss of goodwill or reputation
- Any special or indirect losses
- Any loss of data
- Wasted management or office time
- Any other loss or damage of any kind
- If you are not a consumer we exclude all liability, including any liability in negligence, arising from your use or inability to access or use the Website other than that referred to in clause 2.
- If you are a consumer, we are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Terms or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us before using the Website. We are not responsible for unforeseeable losses.
- If you are not a consumer, you agree to fully indemnify, defend and hold us, our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
- If you are a consumer you agree to fully reimburse us, our officers, directors, employees and suppliers for all losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other act or omission by you in using the Website or by any other person accessing the Website using your personal information with your authority that results in any legal responsibility on our part to any third party.
- We reserve the right to change the domain address of this Website, to alter, suspend or discontinue any part (or whole of) the Website and any services, products, product prices, product specifications and availability at any time. These Terms shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
- You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
- Each of the sub-clauses of these Terms should be considered separately. If any of these Terms are found to be unenforceable, invalid or illegal, the rest of these Terms will continue to have full effect.
- These Terms are in English only.
- We will not lose our rights under these Terms by reason of any delay by us in enforcing those rights. We will not be bound by any agreement not to enforce our rights under these Terms unless we have agreed not to do so in writing.
- Any delay by us in enforcing our right, non-enforcement of our rights or agreement not to enforce our rights in respect of one breach by you of these Terms will not prevent us from fully enforcing our rights in respect of any other breach by you of these Terms.
15. Governing law and jurisdiction
- The Website is controlled and operated in the United Kingdom.
- If you are a business, these Terms are governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over legal proceedings in connection with your use of the Website, any breach of these Terms and any question in connection with the interpretation or application of these Terms.
- If you are a consumer, these Terms are governed by the laws of England and Wales and you can bring legal proceedings in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in either the courts of Northern Ireland or England and Wales. If you live in another country in the EU, you can bring legal proceedings in either the courts of your home country or England and Wales.
16. Company Details
Kiki’s Pet House Limited are a limited company registered in England and Wales under company number 12545082, whose registered office is at Kemp House, 152-160 City Road, London, England, EC1V 2NX. You can contact Kiki’s Pet by email: email@example.com
Terms of Sale
Please read these terms and conditions carefully as they contain important information about your rights and obligations when using the Products and Services on the Website which we may supply (to include but not limited to products and subscriptions)
You should print a copy of these terms for future reference.
- This document (together with any documents referred to in it) tells you the terms and conditions (the ‘Conditions’) upon which we will supply Products and Services to you.
- Before confirming your order please read through these Conditions and in particular our cancellations and returns policy at clause 10 and limitation of our liability and your indemnity at clause 12.
- By ordering any of the Products or Services, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these Conditions.
- About Us
- Kiki's Pet House Ltd (“Kiki's Pet”) will be taken to mean any other trading or business name Kiki's Pet may operate under, to include but not limited to Country Pursuit under license from Judge's Choice Pet Food Ltd.
- Kiki’s Pet House Limited are a limited company registered in England and Wales under company number 12545082, whose registered office is at Kemp House, 152-160 City Road, London, England, EC1V 2NX. You can contact Kiki’s Pet by email: firstname.lastname@example.org
- Eligibility to purchase from the website
- To be eligible to purchase the Product and Services and lawfully enter into a contract with us, you must be 18 years of age or over.
- Products or Services
- The prices of the Product and Services are as quoted.
- We reserve the right to limit the quantities of any products or services that we offer. All descriptions and pricing of Products and Services are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product or Service at any time. Any offer for any Product or Service made on this site is void where prohibited.
- Prices for one off or any other Products or Services may be quoted but are subject to change based on an individual case by case requirement
- Certain Products and Services may be available exclusively online through the website.
- Products and Services may have limited quantities and are subject to return or exchange only according to our Conditions.
- We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
- Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
- Payment can be made by major prepay, credit or debit card through our payment portal, as detailed on our Website.
- By placing an order, you consent to payment being charged to your prepay/debit/credit card account, for the set minimum term laid out, as detailed in the checkout process on our Website and, subsequently, by email.
- We shall contact you should any problems occur with the authorisation of your card.
- Unless clause 2 applies, we reserve the right to charge interest on any amounts you owe us and fail to pay us on the due date at the rate of 3% a year above the base lending rate of Natwest Bank from time to time, accruing daily from the due date until the date of payment, whether before or after judgment.
- We will not charge you interest
- for the period of dispute in respect of an invoice that you dispute in good faith, provided you have advised us within a reasonable time of receiving it that you dispute it and your basis for disputing it.
- until after we have supplied the Product or Services again if we have a duty to do so.
- Formation of Contract
- All orders are subject to acceptance and availability. If we are unable to supply you with the Products or Services in your order due to matters such as unavailability of stock, materials, key staff or an Event Outside Our Control (See Clause 14 for full meaning) or because we have identified a mistake in the description of the Services or the price stated by us, we will notify you. We will not proceed with the order and will refund any sums you have paid us.
- Any order placed by you will constitute an offer to purchase from us.
- You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase.
- A contract between you and us for the supply of the Product or Services (the ‘Contract’) incorporating the version of these Conditions in force at the time of your order will come into existence when we receive payment from you.
- If you wish to make any changes, please contact us to discuss this. If you request a change, we will tell you if that is possible and about any changes to the price, delivery or performance dates or any other changes that we need to make as a result of your request. We will ask you if you wish to go ahead with the change.
- We may make
- changes to these Conditions as a result of changes in any relevant laws and regulatory requirements,
- changes to these Conditions as a result of changes in how we accept payment from you,
- changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.
- If we make any changes in accordance with clause 7.6, we will give you written notice of the changes before we supply the Services. You can choose to cancel the Contract if the change would be significantly to your disadvantage.
- Supply of Products or Services
- When we accept the order, we will confirm an estimated date for the delivery of such Products or Services. We will endeavour to comply with these estimated dates and will supply Products or Services within a reasonable time from the date we accept the order.
- Shipping Terms will be selected and set in the Checkout process during purchase of Products or Services. Certain Products and Services incur different Shipping Rates and Terms. Please refer to the relevant pages on our Website for current Shipping Terms for each Product or Service.
- In the event that an Event Outside Our Control (See Clause 14 for full meaning) prevents us from supplying the Products or Services within a reasonable time from the date we accept the order, clause 14 will apply.
- If we ask you to provide us with information in order for us to provide the Products or Services, you must provide us with complete and accurate information by the date we request that you provide it by, otherwise:
- you must pay us any reasonable sum we charge you to cover any extra work that is necessary as a result of you providing incomplete or inaccurate information.
- you must pay us any additional costs incurred by us in providing the Products or Services to you resulting from you not providing such information to us by the date we have requested.
- we may suspend the supply of Products or Services by giving you written notice unless you agree to pay such extra costs.
- in the event that despite our reasonable efforts we are unable to obtain the requested information from you and are therefore unable to supply the Product or Services, we may end the contract with you. We will refund you any money you have paid less our reasonable costs incurred in attempting to perform the Contract.
- We will not be liable for any delay or non-performance due to your failure to provide us with complete and accurate information by the time we have requested.
- If we suspend the supply of Products or Services under this clause, you do not have to pay for the Services while they are suspended, but you will remain liable to pay any invoices we have already sent you for Products or Services we have already supplied.
- If there are problems with the products or services
- If the Products or Services provided do not conform to the Contract due to them not being provided with reasonable care and skill:
- you should provide us with details of the problem as soon as reasonably possible;
- if we repeat performance of the Contract to fix the problem, we will do so at our own cost and as soon as reasonably practicable.
- As a consumer, you have legal rights in relation to Products and Services not provided with reasonable skill and care, or if the materials we use are faulty or not as described. Nothing in these Conditions will affect these legal rights.
Cancelling your contract and terms of returns
- Cancelling before formation of Contract
You may cancel your order and notify us of your decision to cancel by email or telephone, quoting your name, address, a description of your order and your order reference. Telephone on 0330 124 8234 Email at email@example.com
- Cancelling after formation of Contract
- The ‘Cancellation Period’ is a period of 14 days.
- Unless supply of Products or Services have been fully performed under the Contract, in accordance with your request and acknowledgement, you may cancel the Contract within the Cancellation Period by notifying us of your decision to cancel.
- You may notify us of your decision to cancel by email or telephone, quoting your name, address, a description of your order and your order reference. Telephone on 0330 124 8234 Email at firstname.lastname@example.org
- If you cancel the Contract after we have begun the supply of the Products or Services, you must pay us for the Products or Services we supplied to you before we received notice of your cancellation.
- Refunds on cancellation
- As long as you are entitled to cancel and have complied with your obligations under clause 2, we will refund you the balance of the price you paid to us after deducting the value of the Products or Services we supplied before we received your cancellation notice.
- We will refund you the sum in clause 3.1 using the same method of payment used by you, unless you agree to a refund by a different method of payment.
- Exception to the right to cancel
You will not have a right to cancel in the following situations:
- The Contract is for goods which are bespoke or have been personalised or which may deteriorate.
- The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us
If you have a comment, concern or complaint about any Products or Services you have purchased from us, please contact us by telephone on 0330 124 8234 or email at email@example.com.
12. Liability and indemnity
- We have a duty to supply Products and Services to you that conform to the Contract including a duty to ensure the supply is carried out with reasonable care and skill.
- In no case shall Kiki’s Pet, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- Nothing in these Conditions affect your legal rights if these duties are not complied with. You can obtain advice about your legal rights from Citizens Advice if you need to.
- We cannot exclude or limit our responsibility to you for:
- Death or personal injury resulting from our negligence or the negligence of our employees
- Fraud or fraudulent misrepresentation
- A claim for a defective product against us if we do not give you the name of the person who supplied the product to us within a reasonable time of your request for us to do so.
- We are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Contract or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not responsible for unforeseeable losses.
- If you purchase the Products or Services for any business purpose including for re-sale, we will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business.
- We will not be responsible for any delay in supply of Products or Services if
- we have asked you to provide specified information that is necessary and
- you have failed to provide complete and accurate information, or you have provided such information later than the date we have asked you to supply it by.
- Our rights to limit and/or terminate sales
- We reserve the right to terminate the Sale by writing to you if you fail to make any payment to us when due and you still do not make payment within 14 days of us reminding you that payment is due.
- We may terminate the Contract at our sole discretion and with immediate effect for any reasonable purposes or if you breach these Conditions. In the event that termination occurs, no refund will be due from us unless (i) we have materially breached these Conditions and failed to resolve that breach within 30 days of you notifying us in writing or (ii) a refund is required by law.
- We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- Events outside our control
- Except for our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside our reasonable control (‘Event Outside Our Control’).
- We will take all reasonable steps to minimise a delay in performing our obligations to you which arises from an Event Outside Our Control.
- We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.
- Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.
- You may end the Contract after we have notified you of an Event Outside Our Control and we will then refund you any money you have paid to us under the Contract for the Services which we have been unable to deliver to you.
- Use of personal data
- Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
- We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
- Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
- If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
- All Contracts are concluded in English only.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- Governing law and jurisdiction
- These Conditions and the Contract are governed by the laws of England and Wales. However, if you live outside England and Wales but within the EU, you are always entitled to any compulsory consumer protections applicable in the country where you live.
- You can bring legal proceedings in respect of the Services in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the Services in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the courts of Northern Ireland or England and Wales. If you live in another country in the EU, you can bring legal proceedings in respect of the Services in either the courts of your home country or England and Wales.