1  Interpretation

1.1   In these Conditions:

“Buyer” means the person who accepts a quotation of the Seller for the sale of goods or whose order for the Goods is accepted by the Seller.

“Goods” means the Goods (including any instalment of the Goods or any parts for them) which the Seller is to supply in accordance with these conditions.

“Seller” means Fetch Pet Toys Limited a company registered in England and Wales under company number 4813961 and whose registered office is at 7 East Pallant, Chichester, West Sussex PO19 1TR.

“Conditions” means the standard terms and conditions of sale set out herein and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and Seller.

“Contract” means the contract for purchase and sale of the Goods.

“Writing” includes e-mail, facsimile transmissions and comparable means of communication.

 “Carrier” means any person or business contracted by the Seller to carry Goods from the Seller  to the Buyer, whether all or part of the distance.

“The Web Site” means the entire computing hardware and software installation that is or supports The Web Site.

 “Content” means information in any form published on The Web Site by the Seller or any third party with the Sellers consent.

1.2     Any reference in these Conditions to any provisions of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.

1.3     The headings in these Conditions are for convenience only and shall not affect their interpretation. 

2  The Contract

2.1   These terms and conditions apply:

2.1.1    so far as the context allows, to the Buyer as a visitor to The Web Site; and

2.1.2   in any event to the Buyer or prospective Buyer of the Sellers Goods.

2.2   Goods advertised may not be available.

2.3   The Seller shall accept the Buyer’s order by e-mail confirmation.  The Seller’s message will also confirm details of the Buyers purchase and when the Goods shall be despatched.  That is when the Contract is made.  It is possible that the price may have increased from that posted on The Web Site.

2.4   These Conditions may change from time to time.  The Conditions that apply are those posted The Web Site on the day the Buyer orders the Goods.  No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and Seller. 

2.5   All descriptions, weights and sizes of Goods are those of the original manufacturers and you may not rely on their accuracy.  Accordingly, any such description shall not form part of this Agreement.

2.6   If the Goods ordered by the Buyer are not in stock, the Seller will offer the Buyer alternatives before the Goods are despatched.  If this happens the Buyer may:

2.6.1    accept the alternatives on offer;

2.6.2    cancel the order;

2.6.3    leave the order valid, but instruct the Seller to remove the out-of-stock item from the Order.

2.7   If money is owed by the Seller (for this or any other reason), the Seller will credit the Buyers credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of the Order.

2.8   Goods are at the Buyers risk from the moment they are collected by the Carrier from the Sellers warehouse.

3  Price and Payment

3.1   The Buyer must pay the full price of the Order before shipment is made.

3.2   Banking charges by the receiving bank on payments to the Seller will be borne by the Seller.  All other charges relating to payment in a currency other than pounds Sterling will be borne by the Buyer.

3.3   Any details given by the Seller in relation to exchange rates are approximate only and may vary from time to time.

3.4   The Buyer will pay all sums due to the Seller under these Conditions by the means specified without any set-off, deduction or counterclaim.

4  Data Protection

4.1   The Buyer agrees to provide, and will continue to provide accurate, up to date, and complete information sufficient to ensure the transaction and delivery may be completed satisfactorily.

4.2   All information and data provided by the Buyer to the Seller will be held securely and not divulged to any unauthorised agency or individual in accordance with the Data Protection Act 1998.

4.3   The Seller will use all reasonable endeavours to respond to any point of dissatisfaction by the Buyer, provided the Buyer registers a formal dispute within three months of the date of purchase.

5  Delivery

5.1   Deliveries will be made by the Carrier to the address stipulated by the Buyer.  It is necessary that someone is present to accept delivery.

5.2   Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in the delivery of the Goods howsoever caused.  Time for delivery shall not be of the essence unless previously agreed by the Seller in writing.  The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.

5.3   Where the Goods are to be delivered in instalments each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.

5.4   If the Seller fails to deliver the Goods (or any instalments) for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault and the Seller is accordingly liable to the Buyer the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar Goods to replace those not delivered over the price of the Goods. 

5.5   If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then without prejudice to any other right or remedy available to the Seller the Seller may:

5.5.1    Store the Goods until the Goods can be delivered and charge the Buyer for the reasonable costs (including insurance) of storage or

5.5.2    Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.

6  Taxes, duties and import restrictions

6.1   The Seller is not responsible for or liable for taxes duties and other charges where the Goods are exported from the United Kingdom.

6.2   The Buyer is responsible for purchasing Goods which are lawful imports of the Buyer’s country of residence and for the payment of import duties and taxes of any kind levied in the Buyer’s country of residence.

7  Goods returned

Because the Buyer is buying the Goods by mail order, the Buyer may have a right of cancellation.  If the Buyer does have the right of cancellation, (and only if this is so), these are the terms which apply:

7.1   The Buyer must inform the Seller of their intention to cancel within 7 days of the Buyers receipt of the Goods;

7.2   In any event, the Buyer may not cancel orders for food or other perishable Goods, nor for handmade, specially commissioned or personalised goods;

7.3   The Goods must be returned to the Seller within 21 days of the date the notice of intention  to cancel was given:

7.3.1    with both goods and all packaging in their original condition;

7.3.2    securely wrapped;

7.3.3    including the Buyers delivery slip;

7.3.4    at the Buyers risk and cost.

7.4   After the Seller has received the Goods, the Buyers credit or debit card will be credited with the full purchase price of the goods returned no later than 30 days from the date of receipt;

7.5   If the Buyer does not return the Goods to the Seller, the Buyer is still liable to the Seller for the cost.

7.6   The Seller is under no obligation to collect or recover Goods from the Buyer, but if the Buyer does, the Sellers costs will be payable by the Buyer.

8  Disclaimers

8.1   The Seller or Sellers Content suppliers may make improvements or changes to The Web Site, the Content, or to any of the Goods, at any time and without advance notice.

8.2   The Buyer is advised that Content may include technical inaccuracies or typographical errors.

8.3   The Seller gives no warranty and makes no representation, express or implied, as to:

8.3.1    the adequacy or appropriateness of the Goods for the Buyers purpose.

8.3.2    the truth of any information given on The Web Site;

8.3.3    any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;

8.3.4    compatibility of The Web Site with the Buyer’s equipment, software or telecommunications connection.

8.3.5    compliance with any law;

8.3.6    non-infringement of any right.

8.4   The Web Site contains links to other Internet web sites.  The Seller has neither power nor control over any such web site.  The Buyer acknowledges and agrees that the Seller shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from the Buyers use of any such web site.

8.5   The Seller is not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the Buyers use of The Web Site or the purchase of Goods.

8.6   In any claim against the Seller the Sellers liability is limited to the value of the goods the Buyer has purchased in the contract which is the subject of the dispute.

9  Content and Intellectual Property Rights

9.1   Title, ownership rights, and intellectual property rights in the Content whether provided by the Seller or by any other Content provider shall remain the sole property of the Seller and / or the other Content provider.  The Seller will strongly protect its rights in all countries.

9.2   The Buyer may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.

9.3   The Buyer may download or copy the Content only for the Buyers own personal use, provided that the Buyer maintains all copyright and other notices contained in such Content.  The Buyer may not store electronically any significant portion of any Content.

10  System Security

10.1 The Buyer agrees not to, and will not allow any other person to, violate or attempt to violate any aspect of the security of The Web Site;

10.2 The Buyer agrees not to in any way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of The Web Site, or any software used on The Web Site, and that the Buyer will not permit any other person to do so.

10.3 The Buyer must understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

10.4 Examples of violations are:

10.4.1  accessing data unlawfully or without consent;

10.4.2  attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

10.4.3  attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";

10.4.4  forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;

10.4.5  taking any action in order to obtain Goods to which the Buyer is not entitled.

10.5 The Buyer agrees to indemnify the Seller against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:

10.5.1  any violation of system security as set out above;

10.5.2  The Buyers use of The Web Site;

10.5.3  any other breach or violation of this agreement by the Buyer;

10.5.4  the infringement by the Buyer, or by any other user of the Buyer’s computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of the Buyer’s communications.

11  Indemnity

The Buyer agrees to indemnify the Seller against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of the Buyers use of The Web Site, or the infringement by the Buyer, or by any other person using the Buyer’s computer, of any intellectual property or other right of any person.

12  Contractual Limitation

Where the Seller provides Goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made.  Accordingly, there is no contractual nor other obligation upon the Seller in respect of any such goods.

13  Rights of third parties

Nothing in this agreement or on The Web Site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.

14  Severability

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form.  Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

15  No Waiver

No waiver by the Seller, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

16  Dispute Resolution

In the event of a dispute arising out of or in connection with these Conditions or any contract between the Buyer and the Seller, then the Buyer agrees to attempt to settle the dispute by engaging in good faith with the Seller in a process of mediation before commencing arbitration or litigation.

17  Force Majeure

The Seller is not liable for any breach of obligations resulting from causes beyond the Sellers reasonable control including industrial action by the Seller’s own employees.

18 Governing Law

These Conditions shall be governed by and construed in accordance with the law of England, and the Buyer agrees to submit to the non-exclusive jurisdiction of the English Courts .  These Conditions shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.