Terms and Conditions
These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order, you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this Website.
Should you have any questions relating to these terms and conditions prior to placing an order, please contact our Customer Service team by email, or call us on 01347 293102
# 1 Interpretation
In these terms and conditions, the following words and phrases shall have the following meanings:
1.1 ‘Contract’ means the contract to supply Goods and/or Services between Us and You which shall incorporate these Terms.
1.2 ‘Goods’ means any Goods agreed in the Contract to be supplied by Us to You (including any part of them).
1.3 ‘Services’ means the services agreed to be supplied by Us to You, including deliverables requested by You and agreed by Us in any specification for the services.
1.4 ‘Terms’ means these terms and conditions as amended by Us from time to time.
1.5 ‘We’ means Simply2 Pet Products Limited and ‘Us’ and ‘Our’ will be construed accordingly.
1.6 ‘Website’ means Our website at www.simply2.co.uk
1.7 ‘You’ means the person, firm or company who wishes to purchase Goods and/or Services from Us and ‘Your’ will be construed accordingly.
1.8 In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time to time.
1.9 The headings do not affect the interpretation of these Terms.
#2 The Contract
2 The Contract
2.1 The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any terms and conditions that are purported to be included or applied by You.
2.2 No terms and conditions contained in the confirmation of order, purchase order or other document received from You will form part of the Contract.
2.3 We are not obliged to accept Your order.
2.4 Any samples, drawings, descriptive matter or advertising issued by Us and any descriptions of the Goods or illustrations or descriptions of the Services contained in the Website, catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services and/or Goods described in them. They shall not form part of the Contract or have any contractual force.
2.5 You acknowledge that you have not relied on any statement, promise or representation made or given by Us which is not set out in the Contract. Nothing in this condition shall exclude or limit liability for fraudulent misrepresentation.
2.6 These Terms govern the entire trading relationship between Us and You; they override any contradictory representation or term used on the Website, Our catalogues or brochures or in correspondence with You and will remain in force for the duration of the Contract.
2.7 All of these Terms shall apply to the supply of both Goods and Services except where application to one or the other is specified.
2.8 We reserve the right to revise and amend these Terms from time to time and any changes will be communicated on the Website.
#3 Goods on Offer – Invitation to Treat
3.1 We reserve the right to alter the specification of any Goods and to withdraw any Goods from sale without notice, unless specified within a concluded Contract with Us.
3.2 All Goods are offered subject to stock availability. If for any reason they are no longer available We will try to offer an alternative product, but if an alternative is not available or acceptable to You, We reserve the right to cancel the Contract.
3.3 Unless specifically agreed and approved in writing by Us, neither You nor any of Your customers shall be entitled to remove, deface or replace any sign, marking or logo upon the Goods when offering them for resale.
3.4 A quotation for the supply of Goods by Us shall not constitute an offer and no order placed by the Buyer shall be deemed to be accepted by Us until a written acknowledgement of order is issued by Us or (if earlier) We deliver the Goods to You.
3.5 We are willing to offer advice in the selection of Goods, but final selection, suitability and correct usage is Your responsibility.
#4 Special Offers
4.1 From time to time We make special offers which are always subject to availability
4.2 The terms of any special offer may be amended or withdrawn without prior notice and any amendment or withdrawal shall be effective immediately.
4.3 Special offers may only be made available to certain customers or groups of customers in Our entire discretion.
5.1 Vouchers can only be redeemed against Goods purchased from Us via phone, fax, email, post or online.
5.2 No voucher said to have been used online will be accepted unless the voucher number is entered in the indicated box at check out.
5.3 No voucher will be accepted for use after the expiry date stated on the voucher.
5.4 Vouchers may only be redeemed against the Goods or promotion stated on it.
5.5 No voucher may be exchanged in whole or in part for cash.
5.6 A voucher may only be exchanged for Goods of equal or higher price than the face value of the voucher.
5.7 A voucher may not be used if You are already receiving a pre-agreed discount on the price of the Goods.
5.8 Use of a voucher by You is subject to Our verifying that the voucher has been issued to You and that You have complied with all the terms of the voucher. In the event that the code has not been issued to You or You do not qualify for the promotion, the payment required for the Goods will be adjusted accordingly notwithstanding any confirmation You may receive.
5.9 Any refund of goods or services paid for using vouchers will be refunded with vouchers.
5.10 Vouchers that have been photocopied, damaged, tampered or lost with will not be accepted.
5.11 A voucher is non-transferable, cannot be resold and has a cash value of 0.001p.
6.1 The price for the Goods shall, unless otherwise agreed, be the price set out on the invoice.
6.2 The price for the Goods shall be exclusive of all costs of carriage and insurance and applicable VAT which You shall pay in addition.
7.1 Unless otherwise agreed in writing, delivery of the Goods shall be at Your premises and You shall take all reasonable steps to accept delivery of the Goods.
7.2 Any dates specified by Us for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time. Any Goods not available at the time of Your order will be sent to You, as soon as possible, when received from the manufacturer.
7.3 Any liability for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or after 60 days issuing a credit note against any invoice raised for such Goods.
7.4 Notification of Goods received damaged or incomplete must be made to Us within 24 hours of delivery.
7.5 Notification of non-delivery must be made within 7 days of receipt of invoice.
7.6 If You give Us an incorrect or incomplete delivery address so that We are not able to make the delivery, We may treat the order as cancelled by You. In this case, We will refund the price of the Goods but shall be entitled to keep the amount You paid for delivery.
#8 Cancellation by Us
8.1 We reserve the right to cancel the Contract if:
8.1.1 We have insufficient stock to deliver the Goods;
8.1.2 We do not deliver to Your area; or
8.1.3 one or more of the Goods You ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by Us.
8.2 If We do cancel the Contract we will notify you by e-mail and will repay to You any sum received from You as soon as possible but in any event within 30 days of your order. We will not be obliged to pay any additional compensation for any reason.
#9 Right of Cancellation under the Consumer Contracts Regulations
9.1 The following cancellation rights apply only if you are a Consumer as defined in the Consumer Contract Regulations 2013.
9.2 If You are a Consumer and you do not purchase the Goods at Our premises, the Consumer Contract Regulations 2013 provide You with additional rights as follows:
9.2.1 You have the right to cancel this contract within 14 days without giving any reason.
9.2.2 The cancellation period will expire after 14 days from the day of the conclusion of the Contract.
9.2.3 To exercise the right to cancel You must inform us of your decision to cancel this contract by a clear statement; (e.g. a letter sent by post or email) to us as follows:
184.108.40.206 By post to Us to the address below.
220.127.116.11 By telephone to the telephone number below.
18.104.22.168 By email to the email address below.
9.2.4 To meet the cancellation deadline, it is sufficient for you to send Your communication concerning your exercise of the right to cancellation before the cancellation period has expired.
#10 Risk in and Ownership of the Goods
10.1 The Goods will be at Your risk from the time of delivery.
10.2 Ownership of the Goods will only pass to You when We receive full payment of all sums due in respect of the Goods, including delivery charges.
10.3 Until ownership of the Goods has passed to You, You shall:
10.3.1 hold the Goods on a fiduciary basis as Our bailee;
10.3.2 store the Goods separately from all other Goods of You or any third party in such a way that they remain identifiable as Our property;
10.3.3 not destroy or deface any identifying mark on the Goods or their packaging;
10.3.4 maintain the Goods in satisfactory condition insured with Our interest noted on the policy and hold any proceeds of such insurance on trust for Us and not mix them with any other money.
11.1 If You (or any customer of Yours) are dissatisfied with the Goods, but the Goods are not defective within the meaning of the Sale of Goods Act 1979, We reserve the right to refuse return of the Goods.
11.2 If We agree to the return of the Goods:
11.2.1 You must request a returns form from Us;
11.2.2 Goods returned for credit must be sent, at Your expense, to Us, accompanied by the returns form detailing the reason for return;
11.2.3 Goods will only be considered for credit if returned to Us in a saleable condition, complete with packaging and manuals, within 14 days of the invoice date against which they were supplied;
11.2.4 Goods supplied with a free item must be returned together with the free item otherwise the value of the free item will be deducted from any credit given to You.
11.2.5 A 15% restocking charge will be levied on all items returned which have been correctly supplied by Us unless they were supplied on a free trial basis and provided they are returned to Us in saleable condition.
11.2.6 Return of non-stock items specially obtained or manufactured by Us will not be accepted for credit or replacement;
11.2.7 Risk in the Goods being returned remains with You at all times while in transit.
#12 Supply of Services
12.1 We shall provide the Services to You in accordance with the any service specification agreed by Us in all material respects.
12.2 We shall use all reasonable endeavours to meet any performance dates for the specified Services but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
12.3 We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and We shall notify You in any such event.
12.4 We warrant to You that the Services will be provided using reasonable care and skill.
#13 Your Obligations
13.1 You shall:
13.2 ensure that the terms of your order and the specification are complete and accurate;
13.3 co-operate with Us in all matters relating to the Services;
13.4 provide Us with such information and materials as We may reasonably require to supply the Services, and ensure that such information is accurate in all material respects;
13.5 obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
13.6 If Our performance of any of Our obligations in respect of the Services is prevented or delayed by any act or omission by You or failure by You to perform any relevant obligation):
13.6.1 We shall without limiting any other rights or remedies have the right to suspend performance of the Services until You remedy Your default, and shall be relived from the performance of any of Our obligations to the extent Your default prevents or delays Our performance of any of Our obligations;
13.6.2 We shall not be liable for any costs or losses sustained or incurred by You arising directly or indirectly from Your failure or delay to perform any of your obligations as set out in this; and
13.6.3 You shall reimburse Us on written demand for any costs or losses sustained or incurred by Us arising directly or indirectly from Your default.
14.1 Your obligation to pay the price of Goods and Services shall become binding on acceptance by Us of Your order.
14.2 Credit Account Customers – You shall pay each invoice submitted by Us within 30 days of the date of the invoice; and time for payment shall be of the essence of the Contract.
14.3 Payment shall not be deemed to have taken place until the receipt by Us of cleared funds.
14.4 All payments due under the Contract shall be made in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
14.5 We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
#15 The Waste Electrical and Electronic Equipment Regulations 2013
15.1 You are responsible for all obligations and liabilities regarding the waste prevention, management and disposal of any Goods supplied by Us which are electrical and electronic equipment in compliance with The Waste Electrical and Electronic Equipment Regulations 2013. When supplied as B2B EEE the producer invokes regulation 12.2 and passes all WEEE obligations to the B2B end user.
#16 Our Liability
16.1 We warrant to You that any Goods purchased from Us are of satisfactory quality and reasonably fit for the purposes for which products of such kind are commonly supplied.
16.2 We shall not be responsible to You or any third party whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non-performance of Our obligations under these Terms, including such damage as may by reasonably foreseeable at the date You order the Goods or Services
16.3 If You are contracting as a business, Our liability for any claim for loss or damage shall be limited to the price of the Goods You purchased or the value of the Services to be performed.
16.4 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
16.5 Nothing in these conditions excludes or limits Our liability:
16.5.1 for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; or
16.5.2 for fraud or fraudulent misrepresentation.
16.5.3 for breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
16.5.4 for breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
16.5.5 for defective products under the Consumer Protection Act 1987.
#17 Force Majeure
17.1 If either party is subject to an event or circumstances outside its reasonable control, (‘Force Majeure Event’) it shall notify the other party and all parties obligations under these Terms shall be suspended until both parties are notified that the Force Majeure Event has ended.
17.2 A Force Majeure Event includes (without limitation) the following:
17.2.1 strikes, lock-outs or other industrial action;
17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3 fire, explosion, inclement weather, including storms, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4 inability of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5 impossibility of the use of public or private telecommunications networks;
17.2.6 the Website and other systems affected as a result of computer hacking or virus; and
17.2.7 the acts, decrees, legislation, regulations or restrictions of any government
#18 Intellectual Property
18.1 The copyright, trademarks and all other intellectual property rights(‘IPR’) in and to the Website and all of the material on the Website or in any other of Our promotional material are either owned by Us or are included with the permission of the owner of the rights. You may download a single copy of each piece of material for your own private viewing purposes only, provided you keep intact all proprietary notices.
18.2 Other than as stated in the previous clause, no copying of either the Website and/or any of the material contained on the Website or in any other of Our promotional material distribution for any commercial or business use is permitted without Our prior written consent. You may not include a link to the Website or display the contents of the Website without Our prior written consent.
18.3 No licence is granted to you in these Terms to use any of Our IPR whether registered or unregistered.
19.1 These Terms do not affect Your statutory rights.
19.2 We reserve the right to refuse to supply Goods and Services if they are unsuitable due to Your age or for any other reason in Our absolute discretion.
19.3 Digital or other images of Goods are for illustrative purposes only and may differ slightly from the actual Goods.
19.4 Telephone calls may be recorded for training and security purposes.
19.5 If any part of these Terms is found to be void or unenforceable by any court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.
19.6 We may assign, charge or transfer any of Our rights or subcontract any of Our obligations under the Contract to any third party at any time.
19.7 A person who is not a party to the Contract shall have no right to enforce any of the terms of the Contract under the Contracts (Rights of Third Parties) Act 1999.
19.8 These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.
Calls may be recorded for training and security purposes.