Pets Kitchen
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Email: contact@petskitchen.co.uk
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Terms and Conditions HEADING_TITLE

These Terms and Conditions are effective from 01.07.2008 until further notice.

1. Definitions


You, the Customer a person or company buying Products from us.

Consumer: a private person buying Products for private use. If you are a Consumer, please find your specific rights and exceptions in Section 15.

Pets' Kitchen Ltd. (us, our) the Product vendor as identified on your invoice.

Pets' Kitchen branded Product - Petcare products that are marked with the "Pets' Kitchen" brand

Joe & Jack'sTM branded Product - Petcare products that are marked with the "Joe & Jack's" brand

Joe & Jill'sTM branded Product - Petcare products that are marked with the "Joe & Jill's" brand

Vet's Kitchen TM branded Product - Petcare products that are marked with the "Vet's Kitchen" brand

Order Confirmation formal acknowledgement of Product ordered by you, sent by Pets' Kitchen Ltd

Price stated in Order Confirmation.

Product as described in Order Confirmation

2. Application

This Agreement applies to this sale, Service and all statements made by Pets' Kitchen Ltd in brochures, price lists, adverts, quotations, on the internet or  verbally. Any variations to this Agreement must be confirmed by Pets' Kitchen Ltd in writing. Any other Terms and Conditions are excluded. Placing your order means acceptance of this Agreement. This Agreement does not apply to Product purchases from a reseller or distributor nor is it a reseller or distribution agreement.

3. Orders/Contract

Orders may be received by internet but are only binding when accepted by Pets' Kitchen Ltd. in a written Order Confirmation. Please check the Order Confirmation and notify Pets' Kitchen Ltd. of any mistake in writing immediately or the details stated in the Order Confirmation will apply to this Agreement. Pets' Kitchen Ltd. reserves the right to change Products at any time but Pets' Kitchen Ltd. guarantees you at least equivalent functionality.

4. Price & Payment Terms

Products prices and tax are as shown on your invoice. Changes to exchange rates, duties, insurance, freight and purchase costs may cause Pets' Kitchen Ltd. to adjust prices accordingly. Payment will be made before supply of products or, if agreed, within 7 days of the invoice date without further notice from Pets' Kitchen Ltd.. Payment timing is of the essence. Pets' Kitchen Ltd. may suspend delivery until full payment for that order.

5. Delivery/Title/Risk

The delivery period in the Order Confirmation is approximate. The place of delivery is stated in the Order Confirmation. Title to Product passes on full payment. If you refuse delivery without Pets' Kitchen Ltd.'s agreement, you must pay Pets' Kitchen Ltd.'s expenses or loss resulting from that refusal, including storage costs, until you accept delivery. Risk of the loss of the goods passes to you on delivery.

6. Export orders

Product will only be delivered to addresses within the territory of the United Kingdom and Republic of Ireland. Any product exported outside of the United Kingdom and Republic of Ireland, following delivery to a the United Kingdom and Republic of Ireland address, is done so entirely at the risk of the consumer.

7. Acceptance

When you receive Product you must inspect it for any defects or damage within 24 hours. After this period, you will have accepted Product. If Pets' Kitchen Ltd. agrees to the return of Product at its choosing, it must be in its original condition with packaging, a return note and proof of purchase; the return costs may also be payable by you.

8. Warranty

Unless otherwise stated, Pets' Kitchen Ltd. guarantees to you that the Products will be free from defects for 3 months from despatch date. Should Product be defective within this period, Pets' Kitchen Ltd. will replace Product within a reasonable time. All reasonable care and endeavour shall be used to resolve problems within a realistic period in the circumstances. Pets' Kitchen Ltd. warranty is given in place of all implied warranties and that such implied warranties are excluded to the fullest permitted extent. Pets' Kitchen Ltd. may revise its limited warranties from time to time but any such change will not affect products ordered by you prior to the date of such change.

Pets' Kitchen Ltd. does not give a warranty guarantee protection for:

• damage caused by incorrect storage by any unauthorised 3rd party or yourself;
• damage caused by any party (except Pets' Kitchen Ltd.) or other external force;
• fitness for any particular purpose;
• any instruction given by you and correctly performed by Pets' Kitchen Ltd..

You must provide Pets' Kitchen Ltd. with all reasonable courtesy, information, cooperation, facilities and access to enable Pets' Kitchen Ltd. to perform duties, failing which Pets' Kitchen Ltd. shall not be obliged to perform any Service or assistance.

Please note that your calls to Pets' Kitchen Ltd. may be monitored for training purposes.

9. Intellectual Property (IP)

Pets' Kitchen Ltd. retains all Pets' Kitchen Ltd.-owned IP in Product. You must notify Pets' Kitchen Ltd. immediately of any infringing or unauthorised use of Product or IP in it.

10. Force Majeure


Pets' Kitchen Ltd. is not liable for delays in performance (incl. delivery) caused by circumstances beyond its reasonable control and leading to a time extension for performance; examples include strikes, terrorist acts, war, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 30 days, this Agreement may be terminated by either party without compensation.

11. Confidentiality

Each party must treat all information received from the other marked "confidential" or reasonably obvious to be confidential as it would treat its own confidential information.

12. Termination

Pets' Kitchen Ltd. may terminate this Agreement with immediate written notice if you fail to pay on time. Either party may terminate if the other: 1) commits a material or persistent breach of this Agreement and fails to remedy this within 30 days of written notice from the other; or 2) becomes insolvent or is unable to pay debts as they fall due.

13. Your obligations as a Customer


You are responsible for:

• your own choice of Product and its suitability for purpose;
• your telephone & postal charges in contacting Pets' Kitchen Ltd., if any;

You must provide Pets' Kitchen Ltd. with all reasonable courtesy, information, cooperation, facilities and access to enable Pets' Kitchen Ltd. to perform duties, failing which Pets' Kitchen Ltd. shall not be obliged to perform any Service or assistance.

Please note that your calls to Pets' Kitchen Ltd. may be monitored for training purposes.

14. Data Protection

Your data will be held and/or transferred in strict accordance with the applicable data protection laws. You consent to your personal data being transferred to a Pets' Kitchen Ltd. company outside of the EEA. You may instruct Pets' Kitchen Ltd. not to use your data for direct marketing purposes.

15. Consumer Rights

If you are a Consumer you may cancel your purchase at any time before it is despatched from Pets' Kitchen Ltd without cause and receive a refund of the Price paid. To do this you must inform Pets' Kitchen Ltd. in writing. Any statutory Consumer rights are unaffected by this Agreement.

16. Jurisdiction

United Kingdom law and the exclusive court jurisdiction of the British courts will apply to this Agreement. The Vienna Convention on Contracts for the International Sale of Goods is excluded

17. Miscellaneous

If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected. Pets' Kitchen Ltd. may subcontract, assign or transfer its obligations or rights to a competent third party whether in whole or in part. You may not assign or transfer any of your obligations. All notices must be in writing (by hand, email, fax or 1st class post deemed delivered 48 hours after posting) and sent to a legal officer of either party.

You can find all current Pets' Kitchen Ltd. policies, Product and Service Offering details and notices via www.petskitchen.co.uk Those in place at the date of this Agreement govern this Agreement.

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