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Terms And Conditions Of Use
Terms & Conditions of Sale
All orders are accepted by Loraston Pet Products Ltd.(LPP) Are subject to the Terms and Conditions of Sale set out below:
General
All orders for products and services are accepted by Loraston Pet Products ltd subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by LPP unless agreed in writing by an authorised signatory of LPP or expressly stated otherwise in these terms and conditions of sale.
All descriptions of the products and services contained in the web site or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between LPP and the Customer. LPP shall not be liable to the Customer for any errors or omissions in its website. The advertising of products and services on the LPP website is not an offer capable of acceptance, it merely constitutes an invitation by LPP for the Customer to make an offer to purchase products and services.
Nothing in these terms and conditions of sale shall affect the statutory rights of the Customer.
Prices
The prices of the products and services as set out in the LPP website are current at the date of despatch of the ordered products or the date of provision of the ordered services. All prices include VAT. LPP reserves the right to change prices without prior notice at any time.
Ordering
LPP reserves the right to decline to trade with any company or person. In addition, LPP may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or email within a reasonable period of receipt by LPP of the order.
LPP executes orders to the Customer's requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back order to be fulfilled when LPP next has available stock or be cancelled.
The Customer must submit orders using the LPP website and the priced units used in the LPP website. If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of “cancellations & returns” will apply.
Delivery
LPP will aim to deliver products in accordance with the Customer's order. The Customer's delivery options, and the prices for them, are set out in the LPP website, current at the date of order, or will be notified to the Customer at the time of order. Delivery prices apply per order, irrespective of the number of products ordered. Delivery will be made to the Customer's stated delivery address as entered on the LPP website.
Times and dates for delivery quoted in the LPP website or by LPP's employees are approximate only and LPP shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence.
If any delivery is late, the Customer must notify LPP and LPP will endeavour to ascertain if the product has been delivered or the expected delivery time of the product to the Customer. LPP may also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable LPP may also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery.
Inspection, Delivery Delays and Non-Delivery
The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 5 days of the date of delivery, give notice to LPP in detail of:
Any defect in the product that is apparent on reasonable examination. In this case LPP shall, at LPP's discretion, replace the products or refund the purchase price. In any event the Customer must refuse parcels delivered to it in a damaged condition;
Any shortfall in products delivered. In this case LPP shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;
Any delivery of products not in accordance with the order. In this case LPP shall, at LPP's discretion, replace the products or refund the purchase price;
Any non-delivery of the products (in which case the time limit is within 5 days of the estimated despatch date). In this case, at LPP’s discretion, LPP shall deliver the undelivered products or refund the price of the undelivered products,
If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. LPP's record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. LPP shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.
Payment
If LPP has not granted credit to the Customer, payment terms are payment with order.
If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy: All sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and LPP may apply a compensation charge as an estimate of administrative and other wasted costs incurred by LPP to the Customer of £40 for outstanding sums up to £999.99: £70 for outstanding sums between £1,000 and £9,999.99. LPP may also charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate which is 8 per cent per annum above the Bank of England base rate as set at 31 December for the period 1 January to 30 June inclusive in the following year and as set at 30 June for the period 1 July to 31 December inclusive, compounded monthly.
Risk and Ownership
Risk of loss of or damage to the products shall pass to the Customer on delivery. Ownership of the products shall not pass to the Customer until all sums due to LPP from the Customer for those products have been received by LPP (in cleared funds). If the Customer is late in paying any sum to LPP, then LPP shall be entitled to the immediate return of all products where the ownership has not passed to the Customer. The Customer authorises LPP and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by LPP shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or LPP's right to sue for the whole of the price.
Product and Availability Information
LPP reserves the right, without prior notice, to discontinue any product or to make changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place at any time.
Unless otherwise confirmed, nothing in any LPP website is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.
Warranty
For non consumable products purchased from LPP: LPP warrants that if any product is defective, it will replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to LPP within 1 month of the original date of despatch, or such other longer period as may be indicated by LPP for specific products from time to time in writing.
These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of LPP. The Customer must return or dispose of the products, or make them available for collection by LPP, in accordance with LPP's instructions and suitably packaged.
The Customer must contact LPP to notify LPP of the return of any products prior to returning any products and obtain a returns number, which is to be quoted on all paperwork. Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect. Where the Customer returns products otherwise than in accordance with these warranty provisions, LPP may refuse such products and return them to the Customer at the cost of the Customer.
Any products which are replaced by LPP shall become the property of LPP. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be the unexpired period of the defective product's warranty.
The remedies set out above shall be LPP's sole liability and the Customer's sole remedy for any breach of warranty and in respect of the supply or non-supply of products and/or services.
The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products and/or services (unless such untrue statement was made knowing that it was untrue) other than any remedy it may have set out expressly in these terms and conditions of sale. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of products and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). LPP will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on LPP by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.
Limitations of Use
Products sold by LPP are not recommended or authorised for use in any use or application in which the failure of a product could cause substantial harm to persons or property.
Liability
LPP shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the LPP customer services) whether or not due to its negligence or that of its employees or agents.
LPP shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with:
(i) any express or implied terms of the contract between LPP and the Customer, or of any order accepted by LPP;
(ii) any duty of any kind imposed on LPP by law arising out of or in relation to the contract between LPP and the Customer or order;
(iii) any defect in the products or services;
(iv) intellectual property rights infringement; or
(v) any other loss whatsoever arising out of these terms and conditions of sale.
If, notwithstanding any other provisions in these terms and conditions of sale including without limitation, warranty, limitations of use, and liability. Any liability attaches to LPP, LPP's liability to the Customer arising out of or in connection with these terms and conditions of sale or any order whether in contract, tort or otherwise in respect of one or more of
(i) any express or implied LPP terms of the contract between LPP and the Customer, or of any order accepted by LPP;
(ii) any duty of any kind imposed on LPP by law arising out of or in relation to the contract between LPP and the Customer or the order;
(iii) any defect in the products or services; (iv) intellectual property rights infringement; or
(v) any other loss whatsoever arising out of these terms and conditions of sale shall be limited in the aggregate to £200 or the total value of the order, whichever is greater.
Nothing in these terms and conditions of sale (including without limitation, “Cancellation and Returns” shall exclude or limit the liability of LPP for death or personal injury caused by the negligence of LPP or its employees, or for fraud.
Cancellations and Returns
The Customer may not cancel orders once accepted by LPP. LPP may, at its discretion and in writing, allow an order to be cancelled subject to LPP recovering from the Customer the costs incurred by LPP. In the event of cancellation of part of any order only, LPP may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.
The customer may only return products to LPP, and receive a credit or refund, on the following conditions:
The Customer must contact LPP prior to the return of any products and obtain the prior consent of LPP and obtain a returns number (to be quoted on all returned paperwork)
Return must be made within 5 days of the date of delivery (as stated on the delivery documentation). Products must be returned to LPP in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale. Products must be returned to LPP adequately packed and despatched freight prepaid, clearly labelled to:
CUSTOMER RETURNS DEPARTMENT, Loraston Pet Products Ltd. Unit 2 Old House Farm, Shelleys lane, East Worldham, Hampshire, GU34 3AQ.
The Customer must follow any specific instructions which appear in the LPP website or with any product regarding its return to LPP. The Customer must quote the invoice details or the LPP reference number on the LPP Customer Returns Form from the original despatch note, otherwise any credit given for the returned products will be based upon the lowest sales price; and For products returned due to Customer error or no longer required and returned in accordance with the above a handling charge will be applied. This handling charge is set out in the LPP website.
Where the Customer returns products to LPP not in accordance with the above (for example, after 5-days from the date of despatch or in an unfit state) LPP will refuse delivery and return the products at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing.
LPP accepts no responsibility for any loss of or damage to products in transit from Customer to LPP or for any items received by LPP with them."
Services. LPP offers no services at this time
Force Majeure
A force majeure event is any event beyond the reasonable control of LPP (including strikes, traffic congestion, the downtime of any external line, or LPP's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If LPP is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then LPP shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, LPP may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.
Rights on the website
The Customer acknowledges that LPP and its licensors own the intellectual property rights in the LPP website, and the stock numbers, and that their whole or partial reproduction without LPP's prior written consent is prohibited.
Data Protection and Customer Information
The Customer consents that LPP may use the name of the Customer by disclosing it to certain LPP suppliers for market research and commission purposes.
Law and Jurisdiction.
The contract between LPP and the Customer based on these terms and conditions of sale as applicable to each Customer order shall be governed by and interpreted in accordance with English Law and the Customer submits to the non-exclusive jurisdiction of the High Court of Justice in England, but LPP may enforce the contract in any court of competent jurisdiction.
Additional Information on Services
The following options are available to the Customer. LPP's current terms and conditions of sale shall also apply. These options and their terms and prices are subject to change. Whilst LPP will try to maintain the prices quoted, LPP reserves the right to change them without prior notice at any time.
Ordering
DELIVERY COSTS ON ORDERS UNDER £60 WILL £6.
DUE TO THE WEIGHT OF LITTER PRODUCTS A CHARGE WILL BE MADE ON ORDERS CONTAINING THIS PRODUCT ONLY AT A RATE OF £3.50/ 18KG BAG ON THE FOURTH BAG and each subsequent bag.
Breeders
Breeder status will be at LPP’s discretion. Breeders as determined by LPP will be given special rates on certain products. In order to qualify as a breeder, the purchaser must hold a current registered Prefix with the GCCF and or TICA. Acceptance of purchasers as “Breeders” will be at the discretion of LPP. Purchasers granted “Breeder club” status will be subject to a minimum order of £100.00.
Delivery
1. COURIER DELIVERY: Up to 5 working days of order date.
2. CALL & COLLECT COLLECTION: All products are available for collection from the LPP Office. If the required products are stocked collection can be made at a time agreed with LPP. When the Customer collects a pre-ordered product from LPP the Customer must hand over a properly authorised written order with proof of identity.
Methods of Payment
Payment may be made by, cheque or postal order (made out to Loraston Pet products Ltd. and crossed), credit card or debit card as accepted by LPP. Cash can be accepted. Goods will be released on receipt of cleared funds.
Returns
The handling charge for returns which are made in accordance with the returns policy set out in LPP's current terms and conditions of sale is 20% of the invoice value. The handling charge for returns which are not made in accordance with LPP's returns policy will be the actual cost of reprocessing (subject to a minimum 20% of the invoice value).
Registered office: Loraston Pet products Ltd. 15b High Street, Alton, Hants. GU34 1AW. Tel: 0845 523 4370, Fax: 01420 87135 . Registered No. 06807825
